WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

FORTY-NINTH DAY

____________

Charleston, W. Va., Tuesday, February 25, 2003

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

     Prayer was offered by the Reverend Teddy Tackett, Lynn Street Church of Christ, Parkersburg, West Virginia.
     Pending the reading of the Journal of Monday, February 24, 2003,
     On motion of Senator Caldwell, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     Senator Tomblin (Mr. President) presented the following communication, comprising the annual report of the West Virginia Commission on Uniform State Laws, which was received:
WEST VIRGINIA COMMISSION ON

UNIFORM STATE LAWS

REPORT TO THE WEST VIRGINIA LEGISLATURE

REGULAR SESSION, 2003

I. PREAMBLE
     The West Virginia Commissioners on Uniform State Laws submit this annual report to the West Virginia Legislature in accordance with the provisions of West Virginia Code §29-1A-4. Since the establishment of the West Virginia Commission on Uniform State Laws, its members have regularly and actively participated in the National Conference of Commissioners on Uniform State Laws.
II. HISTORY OF NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS

     In 1889, the New York Bar Association appointed a special committee on uniformity of laws. In the next year, the New York Legislature authorized the appointment of Commissioners "to examine certain subjects of national importance that seemed to show conflict among the laws of the several commonwealths, to ascertain the best means to effect an assimilation or uniformity in the laws of the states, and especially whether it would be advisable for the State of New York to invite the other states of the Union to send representatives to a convention to draft uniform laws to be submitted for approval and adoption by the several states." In that same year, the American Bar Association adopted a resolution recommending that each state provide for Commissioners to confer with the Commissioners of other states on the subject of uniformity of legislation on certain subjects. In August of 1892, the first National Conference of Commissioners on Uniform State Laws (ULC) convened in Saratoga, New York, three days preceding the annual meeting of the American Bar Association.
     By 1912, every state was participating in the ULC. In each year of service, the ULC has steadily increased its contribution to state law. The ULC has attracted some of the best of the profession. In 1912, Woodrow Wilson became a member. This, of course, was before his more notable political prominence and service as President of the United States. Several persons, later to become Justices of the Supreme Court of the United States, have been members. These individuals are former Justices Brandeis and Rutledge and current Chief Justice Rehnquist. Legal scholars have served in large numbers. Examples are Professors Wigmore, Williston, Pound and Bogart. This distinguished body has guaranteed that the projects of the ULC are of the highest quality and are enormously influential upon the process of the law.
     As it has developed in its 111 years, the ULC is a confederation of state interests. It arose out of the concerns of state government for the improvement of the law and for better interstate relationships. Its sole purpose has been, and remains, service to state government and improvement of state law.
III. THE OPERATION OF THE ULC
     The National Conference is convened as a body once a year. It meets for a period of eight days, usually in late July or early August. In the interim period between the annual meetings, drafting committees composed of Commissioners meet to supply the working drafts which are considered at the annual meeting. The various drafts are accessible on the Internet. The address is www.nccusl.org. At each annual meeting, the latest drafts of the drafting committees are read and debated. Normally, each Act is considered over a minimum period of two years. No Act becomes officially recognized as a Uniform Act until the National Conference is satisfied that it is ready for consideration in the state legislatures. It is then put to a vote of the states, during which each state caucuses and votes as a unit.
     The governing body is the ULC Executive Committee and is composed of the officers, certain ex officio members and members appointed by the President of the ULC. Certain activities are conducted by standing committees. For example, the Committee on Scope and Program considers all new subject areas for possible Uniform Acts. The Legislative Committee superintends the relationships of the ULC to the state legislatures.
     A small staff located in Chicago operates the national office of the ULC. The national office handles meeting arrangements, publications, legislative liaison and general administration for the ULC. The total staff numbers only nine people.
     The ULC maintains relations with several sister organizations. Official liaison is maintained with the American Bar Association, which contributes an amount each year to the operation of the ULC. Liaison is also maintained with the American Law Institute, the Council of State Governments and the National Conference of State Legislatures on an ongoing basis. The Uniform Commercial Code is a continuing joint project of the ULC and the American Law Institute. Liaison and activities may be conducted with other associations as interests and activities necessitate.
IV. SCHEDULED DRAFTING COMMITTEE MEETINGS
     Subsequent to the Commission's Report to the Legislature last year and prior to the date of this report, 30 committee meetings were held in 11 different cities.
     Each meeting of the various drafting committees is open to the public and is routinely attended by official advisors and observers from various constituencies across the country. The future meetings of the Committees (including Joint Editorial Boards) scheduled as of this date are as follows:
     (a) Drafting Committee on Uniform Certificate of Title Act
     Date and Time: February 21-23, 2003, beginning at 9:00 a.m. each day
     Place: DoubleTree, Dallas, Texas
     (b) Drafting Committee to Revise Uniform Estate Tax Apportionment Act and Section 3-916 of the Uniform Probate Code
     Date and Time: February 21-23, 2003, beginning at 9:00 a.m. each day
     Place: DoubleTree, Dallas, Texas
     (c) Drafting Committee on Uniform Real Property Electronic Recordation Act
     Date and Time: February 21-23, 2003, beginning at 9:00 a.m. each day
     Place: DoubleTree, Dallas, Texas
     (d) Drafting Committee on Uniform Environmental Covenants Act
     Date and Time: February 28-March 2, 2003, beginning at 9:00 a.m. each day
     Place: St. Regis, Washington, D. C.
     (e) Drafting Committee on Entity Transactions Act
     Date and Time: March 21-23, 2003, beginning at 9:00 a.m. each day
     Place: St. Anthony Hotel, San Antonio, Texas
     (f) Drafting Committee on International Conciliation Amendments to the Uniform Mediation Act
     Date and Time: March 21-23, 2003, beginning at 9:00 a.m. each day
     Place: St. Anthony Hotel, San Antonio, Texas
     (g) Drafting Committee on Uniform Wage Withholding Procedure Act
     Date and Time: March 21-23, 2003, beginning at 9:00 a.m. each day
     Place: St. Anthony Hotel, San Antonio, Texas
     (h) Joint Editorial Board on Uniform Family Law
     Date and Time: April 25-27, 2003, beginning at 9:00 a.m. each day
     Place: Club Quarters, 111 W. Adams Street, Chicago, Illinois
     (i) Joint Editorial Board on Uniform Unincorporated Organization Acts
     Date and Time: April 25-27, 2003, beginning at 9:00 a.m. each day
     Place: Club Quarters, 111 W. Adams Street, Chicago, Illinois
     (j) Joint Editorial Board for Uniform Real Property Acts
     Date and Time: April 25-27, 2003, beginning at 9:00 a.m. each day
     Place: Club Quarters, 111 W. Adams Street, Chicago, Illinois
     (k) Committee on Liaison with Native American Tribes
     Date and Time: April 25-27, 2003, beginning at 9:00 a.m. each day
     Place: Club Quarters, 75 E. Wacker Drive, Chicago, Illinois
     (l) Drafting Committee to Revise Uniform Management of Institutional Funds Act
     Date and Time: April 25-27, 2003, beginning at 9:00 a.m. each day
     Place: Club Quarters, 75 E. Wacker Drive, Chicago, Illinois
     (m) Drafting Committee on Uniform Real Property Electronic Recordation Act
     Date and Time: May 1-4, 2003, beginning at 9:00 a.m. each day
     Place: DoubleTree, Atlanta, Georgia
     (n) Committee on Style
     Date and Time: May 1-4, 2003, beginning at 9:00 a.m. each day
     Place: DoubleTree, Atlanta, Georgia
     (o) Drafting Committee on Uniform Certificate of Title Act
     Date and Time: May 9-11, 2003, beginning at 9:00 a.m. each day
     Place: Club Quarters, 75 E. Wacker Drive, Chicago, Illinois
V. ACTIVITIES OF THE WEST VIRGINIA COMMISSION ON UNIFORM STATE LAWS

     A. Committee Assignments:
     The West Virginia Commissioners are Richard E. Ford of Lewisburg; Judge Frederick P. Stamp, Jr., of Wheeling; and John L. McClaugherty of Charleston. The Commissioners from West Virginia serve on several drafting committees, study committees and other committees of the conference.
     B. ULC Offices Held by Commissioners from West Virginia:
     John L. McClaugherty, President (1999-2001), is now a member of the Executive Committee
     C. 2002 Annual Meeting
     All three Commissioners from West Virginia attended the last ULC annual meeting.
VI. ULC 2002 ANNUAL MEETING HELD FROM JULY 26, 2002, THROUGH AUGUST 2, 2002

     At the Annual Conference, eight Acts or sets of Amendments were approved for enactment by the states. These Acts and Amendments are summarized as follows:
A. Uniform Child Witness Testimony by Alternative Methods Act

     This Act authorizes a court to consider whether to allow a child to testify outside the presence of a party and outside a proceeding when testifying otherwise would impair the testimony of the child witness or subject the child witness to distress. In a criminal proceeding, to obtain an alternative method, it must be proved by clear and convincing evidence that testimony will cause the child great emotional distress. In a civil proceeding, it must be shown that an alternative is in the best interests of the child by a preponderance of the evidence. Party rights to examination and cross-examination are preserved.
B. Amendments to Uniform Commercial Code Articles 3 and 4

     Very limited Amendments to UCC Articles 3 and 4 were promulgated by the American Law Institute and the Uniform Law Conference in 2002. These articles govern negotiable instruments and bank deposits and collections. The most significant Amendment deals with adding suretyship rules from the Restatement of Suretyship to replace the rules for indorsers and accommodation parties when an obligation is released without payment. There are new warranty rules for telephonically generated checks--a new phenomenon. Certain writing requirements are extended to include electronic records. These are examples of these Amendments. The primary character of negotiable instruments and checks remains unchanged.
C. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act

     This Act implements the obligation of full faith and credit for domestic violence protection orders required by the U. S. Constitution and the federal Violence against Women Act. There are two principal methods of enforcement: (1) Direct enforcement by a court of the domestic violence protection orders of another state; or (2) enforcement by law-enforcement officers upon a finding that there is probable cause to believe that a domestic violence protection order from another state has been violated. In addition, a domestic violence protection order from another state may be registered in advance of any possible violation of that order to expedite enforcement by courts or law-enforcement officers. The 2002 Amendments expressly add antistalking orders to the scope of this Act.
D. Uniform Nonjudicial Foreclosure Act
     This Act permits the foreclosure of real estate mortgages without a judicial proceeding. It allows traditional sale by auction, placing foreclosed property directly on the real estate market or strictly foreclosing on the property. Nonjudicial foreclosure of a residential mortgage eliminates deficiency judgments for good-faith debtors. Post-sale redemption is eliminated. The premise for this Act is that in the huge majority of cases the right to foreclose is clear and unequivocal. A judicial proceeding in every case, therefore, impedes the inevitable result, which is sale of the property to satisfy the debt. There is always recourse to a court if there is doubt about the right to foreclose.
E. Uniform Apportionment of Tort Responsibility Act
     This Act provides for a modified form of comparative fault which compares the fault of an injured party with that of all contributing tortfeasors in an action for damages until the injured person's contribution reaches or exceeds 50 percent of his or her own injury. Then contributory fault is an absolute bar to recovery. Joint and several liability of multiple tortfeasors is limited to certain instances, primarily the one in which multiple tortfeasors act in concert. Otherwise, joint and several liability is abolished. There is a reallocation procedure when there are multiple tortfeasors and it appears reasonably certain that a tortfeasor will not pay compensation to an entitled injured party.
F. Amendments to Uniform Computer Information Transactions Act
     The Uniform Computer Information Transactions Act (UCITA) is the first comprehensive Act governing the commercial licensing of computer information and network access contracts. It governs all aspects of licensing contracts from formation to remedies in the event there is breach of contract. Computers operate with, produce and use digitized information. The software that runs the computer and the music that it plays are all the same in that sense. What is transferred from person to person is that digitized information stored electronically. A licensing contract is a contract to transfer the informational rights and copies of the information that the originator of computer information has to a transferee. Usually, the transferor of computer information reserves some of the informational rights--the right to copy being the most commonly withheld right. Computer information can be copied and disseminated instantly and infinitely, and the license contract protects the transferor's economic interest in computer information by limiting the transferee's subsequent transfer rights. There are special formation rules in UCITA for acquisition of licenses in the mass market, warranty rules for transfer of information, including special compatibility rules, rules relating to the authentication of transfers of computer information and rules for memorializing contracts using electronic records. Remedies for breach of an agreement are, generally, damages. The 2002 Amendments cut off electronic self-help as a remedy, limit the ability to prohibit reverse engineering and make licensing contracts nonbinding until they are available for review either electronically or in a writing.
G. Uniform Parentage Act
     The original Uniform Parentage Act (UpaA) was promulgated in 1973. It removed the legal status of illegitimacy from the law of the U. S. and provided a first modern civil paternity action. The 2002 UpaA augments and streamlines the 1973 UpaA. It includes the basic paternity or parentage action with expanded standing to bring such an action, but provides for a nonjudicial acknowledgment of paternity procedure that is the equivalent of an adjudication of paternity in a court, providing that there is no presumed father of the child. The presumption of fatherhood is based on the relationship between a man and woman with respect to a child. The most common presumed father is the man married to the birth mother of the child at the time of conception. The acknowledgment proceeding is predicated on the availability of the precise genetic testing that has developed since 1973. A paternity registry is provided in the 2002 UpaA. There is a specific, separate judicial proceeding for ordering genetic testing. The 2002 UpaA provides specific standards for genetic testing. Only genetic tests that identify another man as a father or exclude the presumed father may be used to rebut the presumption of fatherhood in a paternity action. Included in the 2002 UpaA are also rules for determining the parents of children whose conception is not the result of sexual intercourse. Included kinds of assisted conception are artificial insemination and in vitro fertilization. The 2002 UpaA also incorporates sections on gestational agreements, but as optional sections because of state law differences on these kinds of contracts. The principal Amendments in 2002 return some of the nonmarital presumptions of paternity from the 1973 Act that were eliminated in the 2000 Act.
H. Uniform Securities Act
     A major revision of the Uniform Securities Act was promulgated in 2002. There has been a uniform Act on the issues of securities regulation going back to 1930. This Act replaces both the 1956 Uniform Act and the 1985/88 Uniform Act. It provides basic law for registration of securities issues, broker-dealers and investment advisors, along with enforcement powers for the securities administrator. Coordination with federal law, particularly after the 1996 National Securities Markets Improvement Act, is a primary goal. The 1996 federal act specifically preempted state securities regulation, making all existing state law out of compliance. The Act also accommodates electronic records and filing systems.
VII. RECOMMENDATIONS BY THE WEST VIRGINIA COMMISSION ON UNIFORM STATE LAWS

     The West Virginia Commission on Uniform State Laws has recommended that the following Uniform Acts be considered during the 2003 legislative session:
     1. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act
     2. Uniform Mediation Act
     3. Uniform Trust Code
VIII. DISTRIBUTION OF REPORT
     As recommended in the Performance Review Report pertaining to the Commission on Uniform State Laws, a copy of this report to the Legislature is being forwarded to the West Virginia State Bar, the West Virginia Bar Association, the Mountain State Bar Association, the West Virginia Trial Lawyers Association and the Defense Trial Counsel of West Virginia.
     Respectfully submitted this 20th day of February, 2003.
                              Richard E. Ford,
                               Chair,
                              John L. McClaugherty,
                               Legislative Chair,
                              Frederick P. Stamp, Jr.,
                               Secretary.

     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 163, Continuing driver's licensing advisory board.
     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. Senate Bill No. 205, Modifying criminal intent for animal cruelty crimes; fine.
     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 three, section twelve, line six, by striking out the word "or" and inserting in lieu thereof the word "and";
     On page three, section twelve, beginning on line twenty-two, after the word "reptile" by changing the period to a comma and inserting the words "but in no case can recovery be had in excess of the assessed value of such dog, cat, animal or reptile.";
     And,
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 205--A Bill to amend and reenact section twelve, article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section nineteen, article eight, chapter sixty- one of said code, all relating to modifying the criminal intent requirement for animal cruelty crimes; increasing the fine applicable to convicted persons; creating a felony offense for intentionally torturing or maliciously killing animals; and mandating that persons convicted of animal cruelty be prohibited from possessing, owning or residing with animals for varying periods depending on whether the person is convicted of a misdemeanor or felony.
     On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 205) and requested the House of Delegates to recede therefrom.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 282, Continuing division of motor vehicles.
     A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
     Eng. Com. Sub. for House Bill No. 2120, Relating to workers' compensation generally.
     On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses.
     Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
     Senators McCabe, Helmick, Kessler, Sharpe and Sprouse.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2003, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2282--A Bill to amend and reenact section thirteen, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to payment to magistrates who serve temporarily outside their elected counties.
     Referred to the Committee on the Judiciary; 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. 2505--A Bill to amend and reenact section fifteen, article five, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing municipalities to establish a procedure for run-off elections in cases of tie votes in municipal elections.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2712--A Bill to repeal section three-c, article sixteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section three-a of said article; and to amend and reenact section twenty-four, article twenty-five-a of said chapter, all relating to the inclusion of mental health parity applicability to nonemployer groups; and to the applicability of mental health parity to health maintenance organizations.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2749--A Bill to amend article twenty, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six-a, relating to reciprocal licensure of physical therapists from other states or countries.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect from passage, of
     Eng. House Bill No. 2763, Allowing original equipment mounted auxiliary lighting devices for use only when the vehicle is used off road.
     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. 2823--A Bill to amend and reenact section seven, article one, chapter eleven-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section twenty, article three of said chapter, all relating to real and personal property taxes; sheriff's tax sale of real estate erroneously assessed or nonexistent; modifying the method for a purchaser to recover the purchase money; limiting the period of time for demanding a refund; and requiring that delinquent personal property taxes, just as real estate taxes, must be paid before current taxes may be paid.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2835--A Bill to amend article one, chapter nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven; and to amend and reenact section nine-a, article twenty-two, chapter twenty-nine of said code, all relating to establishing a special revenue fund to receive gifts and donations for the support of veterans' facilities; authorized expenditures; renaming a special revenue fund and clarifying its purpose; and removing a statement implying restraints on funds to repay bonds.
     Referred to the Committee on Military; 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. 2891--A Bill to amend and reenact section three, article fourteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to gasoline and special fuel excise tax; and repealing requirement that tax commissioner annually report by county and individual gas pump within each county amount of gasoline and special fuel excise tax collected.
     Referred to the Committee on Finance.
     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. 22--Requesting the Division of Highways to name I-64 from the Virginia state line to the Kentucky state line the "Purple Heart Trail".
     Whereas, West Virginia owes a debt of gratitude to her sons and daughters who have served in the armed forces with distinction and returned and those who the winds of war have swept from these mountains forever; and
     Whereas, It is a fitting tribute and a demonstration of our respect and our appreciation to name the entire I-64 corridor in memory of all West Virginians who have served so valiantly in all wars; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name I-64 the "Purple Heart Trail" and to erect signage as it deems appropriate in all rest areas facilities on the designated highway; 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, the Secretary of the Department of Transportation, the Director of Veterans' Affairs, the Secretary of the Department of Military Affairs and Public Safety and the Governor of the State of West Virginia.
     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. 28--Requesting the Commissioner of the Division of Highways to rename the Barrackville Bridge, which crosses Buffalo Creek on County Route 21, milepost .02 in Marion County, the "Oce Smith Bridge".
     Whereas, Oce Smith was born in Barrackville, Marion County, the son of the late Oce W. Smith, Sr., and Norma Lough Smith, and attended Fairmont State College and West Virginia University; and
     Whereas, Oce Smith was first elected House Sergeant at Arms in 1967 and continues to serve in that capacity today; and
     Whereas, Oce Smith served the House of Delegates for many years in various other capacities prior to his election as House Sergeant at Arms in 1967; and
     Whereas, Oce Smith has been associated with the West Virginia Legislature for over half a century and holds the great distinction of having the longest tenure of any state legislative officer currently serving in the United States; and
     Whereas, Oce Smith has endeared himself to countless legislators, both past and present, through his dedicated and distinguished service and is thus worthy of our acknowledgment and utmost gratitude; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the West Virginia Division of Highways to rename the Barrackville Bridge, which crosses Buffalo Creek on County Route 21 at milepost .02 in Marion County, the "Oce Smith Bridge"; and, be it
     Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge as the "Oce Smith 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 Mr. Smith.
     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. 29--Renaming the Mannington Bridge, located in Marion County on Route 11 at mile post 7.39 where it crosses Buffalo Creek, the "Regillo Brothers Bridge".
     Whereas, Six brothers, Tony, Nick, Philip, Lester, Angelo and Joe, the sons of Italian immigrants who immigrated to this country ninety-five years ago, settling in Marion County, all served honorably in the armed services of this country during times of war; and
     Whereas, Tony, Nick, Philip, Lester and Angelo all served during World War II and Joe served during the Korean War; and
     Whereas, Lester, while serving on the Siegfried line in Germany during World War II, saved the life of his squad leader, Arch A. Moore, Jr., the former governor of West Virginia; and
     Whereas, These six first-generation Americans collectively exhibited an unselfish and honorable service to this country, which each performed during a time of extreme danger and conflict; and
     Whereas, This exhibition of collective, unselfish and honorable service provides a classic and ennobling legacy, embodying the highest traditions of military service to this country; a legacy which this Legislature intends to honor with the naming of a bridge, which is a modest tribute considering these brothers' collective and indomitable spirit; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the six Regillo brothers are hereby honored by renaming the Mannington Bridge, located in Marion County on Route 11 at mile post 7.39 where it crosses Buffalo Creek, the "Regillo Brothers Bridge"; and, be it
     Further Resolved, That the Legislature hereby requests the West Virginia Division of Highways to name the bridge located in Marion County on Route 11 at mile post 7.39 where it crosses Buffalo Creek, the "Regillo Brothers Bridge" by placing signs at each end of the bridge bearing that inscription; 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 the Marion County Commission.
     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. 31--Requesting the West Virginia Division of Highways to dedicate the Hough Street Bridge in Mannington, Marion County, West Virginia, over the Route 1/16 crossing Buffalo Creek at milepost 0.01, "In Memory of Sammie W. Hunter".
     Whereas, Sammie W. Hunter was born on July 18, 1919, and passed on September 6, 2002, leaving this world a better place; and
     Whereas, Sammie was a devoted family man, undaunted veteran, active civic leader and diligent public servant; and
     Whereas, Sammie was a former mayor and city official of the city of Mannington; and
     Whereas, Sammie was an active member of the Mannington bridge committee; and
     Whereas, Sammie played an instrumental role in numerous city projects in Mannington that are still evident today; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That honor and recognition is hereby expressed by the members
of the House of Delegates to the life achievements of Sammie W. Hunter by dedicating the Hough Street Bridge in Mannington, Marion County, West Virginia, over the Route 1/16 crossing Buffalo Creek at milepost 0.01, "In Memory of Sammie W. Hunter"; 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 of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
     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. 32--Requesting the West Virginia Division of Highways to dedicate the Watson Veterans Bridge over the West Fork River in Watson, Marion County, West Virginia, on U. S. Route 250 to the "Senior Citizens of Watson".
     Whereas, The senior citizens of Watson have been influential in the development and preservation of the history of Watson and the surrounding community; and
     Whereas, The senior citizens of Watson continue to play an instrumental role in the development and advancement of Watson; and
     Whereas, The senior citizens of Watson should be commended on all their diligent, hard work they have contributed to the surrounding community over the years; and
     Whereas, The senior citizens of Watson should receive the praise they deserve by honoring them by dedicating the Watson Veterans Bridge to the "Senior Citizens of Watson Bridge"; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the West Virginia Division of Highways to dedicate the Watson Veterans Bridge over the West Fork River in Watson, Marion County, West Virginia, on U. S. Route 250, to the "Senior Citizens of Watson"; 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 dedication to the bridge; and, be it
     Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.
     Referred to the Committee on Transportation.
     The Senate proceeded to the fourth order of business.
     Senator Caldwell, from the Committee on Interstate Cooperation, submitted the following report, which was received:
     Your Committee on Interstate Cooperation 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; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Anita Skeens Caldwell,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     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. 566, Increasing salaries of supreme court justices and circuit court judges.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 566 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section ten-a, article one, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section thirteen, article two of said chapter; and to amend and reenact section six, article two-a of said chapter, all relating to increasing the salaries of justices of the supreme court, judges of circuit courts and family court judges.
     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.
     At the request of Senator Chafin, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 566) contained in the preceding report from the Committee on the Judiciary 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 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. 648 (originating in the Committee on the Judiciary)--A Bill to repeal section forty, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section twenty, article two of said chapter; to repeal section twenty-one, article four-a of said chapter; to repeal section twenty-one, article nine of said chapter; to amend and reenact sections seven, nine, twenty, twenty- one, twenty-four, twenty-five, twenty-eight, twenty-nine, thirty, thirty-four, thirty-nine, forty-one, forty-four and forty-five, article one of said chapter; to further amend said article by adding thereto three new sections, designated sections forty-eight, forty-nine and fifty; to amend and reenact sections two, three, five, seven, ten, thirteen, nineteen and thirty, article two of said chapter; to further amend said article by adding thereto a new section, designated section four-a; to amend and reenact sections one, two, two-a, three, five, five-c, seven, eight, ten and eleven, article three of said chapter; to amend and reenact sections ten and twenty-three, article four of said chapter; to amend and reenact sections nine, nineteen, twenty-two, twenty-four-a and twenty-seven, article four-a of said chapter; to amend and reenact sections ten, thirteen, fifteen and nineteen, article five of said chapter; to amend and reenact sections three, four-a, five, six, seven and nine, article six of said chapter; to amend and reenact sections one and four, article seven of said chapter; to amend and reenact sections two, four, five, eight and twelve, article eight of said chapter; to amend and reenact sections seven and eight, article ten of said chapter; and to amend and reenact section two, article six, chapter eight of said code, all relating to elections generally; requiring written notice to registered voters if precinct is changed; clarifying how members of the state executive committees are elected; specifying the information to be on the general information cards; providing instruction on casting a provisional ballot; requiring posting of names of official write-in candidates; requiring all information available to voters on election day to be available during the early in-person voting period; requiring the circuit clerk to transfer absentee ballots to the clerk of the county commission where clerk of the county commission is responsible for absentee voting; authorizing poll clerks to pick up election supplies; authorizing reimbursement for county employees who deliver election supplies; prohibiting election officials from also being official write-in candidates; making expanded receiving boards optional; clarifying that alternate election officials be paid for attending training; changing challenged ballot to provisional ballot throughout; clarifying that the clerk of the county commission may use election records and returns to update voter registration records; eliminating the requirement for the immediate arrest of a person accused of voting illegally; establishing procedures for taking and securing affidavits regarding illegal voting; providing for the secured affidavits to be given to the prosecuting attorney; establishing procedures for challenging ballots and voting a provisional ballot; requiring that the secretary of state establish a system to allow provisional voters to learn whether or not their vote was counted and why; requiring the circuit court to decide proceedings to compel performance of election duties within fifteen days; establishing a state election fund; setting new standards for voting systems; providing for state administrative complaint procedures for election law violations; authorizing the secretary of state to establish and maintain a statewide voter registration list; providing for stricter identification procedures for voter registration; clarifying when seventeen-year-olds may vote in municipal elections; providing that voter registration services will be provided whenever the office of the clerk of the county commission is open for business; clarifying that the secretary of state must periodically review and revise the rule relating to voter registration; clarifying that voter registration lists or data files may not be used or sold for commercial or charitable solicitations or advertising; changing regular absentee voting to early in-person voting; allowing voters who have resided in a nursing home for less than thirty days to vote by an emergency absentee ballot; clarifying that absentee ballots require a mail-in absentee ballot application; authorizing two representatives to assist with absentee voting and establishing qualifications; expanding the early in-person voting period to twenty days; eliminating voting on Monday before a Tuesday election and adding voting on the two Saturdays prior to the election; requiring notice to voters that Monday voting is no longer available; clarifying procedures for and materials required for early in-person voting; authorizing representatives to sign the back of mail-in ballots; requiring proper supplies be sent to mail-in absentee voters; establishing measures for securing mail-in absentee ballots; providing that the emergency absentee ballot commissioners must sign an oath; authorizing counties that use paper ballots to begin counting absentee ballots at nine o'clock the morning of election day; removing certain requirements for challenging absentee ballots; allowing ballot commissioners and the clerk of the circuit court to use printed facsimile signature; requiring that all electronic voting system materials be retained twenty-two months; providing that a person who assists voters casting their ballots cannot be a candidate on the ballot or an official write-in candidate; removing the requirement that write-in votes be indicated by punching out write-in voting position on a punch card ballot in addition to entering the candidate's name; providing that the publication of sample ballots will be made not more than twenty-six nor less than twenty days prior to the primary and general elections; requiring numbers and perforated stubs on paper ballots; clarifying the requirements for an executive committee to call a meeting to fill vacancies on a ballot; allowing issues of candidate eligibility to be brought before the election commission; requiring the certificate of announcement for a write-in candidate be received by the close of business the eighteenth day prior to the election; requiring contests for state offices, legislative seats and judgeships to be filed within ten days of the certification of the election; removing the requirement that political committees advocating for or against an issue file financial statements; excluding federal political action committees from filing with the state; allowing a change of treasurer of a campaign committee by filing a written statement; requiring that candidates in a primary election file financial statements on the last Saturday in March or within six days thereafter; requiring that candidates in a general election file financial statement on the first Saturday in September or within six days thereafter; eliminating requirement that financial reports be notarized and requiring them to be sworn; allowing corporations to participate in nonpartisan registration and get-out-the-vote campaigns; prohibiting anonymous radio or television advertisements advocating the election or defeat of candidates; clarifying how a vacancy in the office of county commissioner or clerk of the county commission is to be filled; removing requirement to fill certain vacancies by election if the unexpired term is greater than one year; removing inconsistent time frames for holding annexation election; and clarifying that a majority of votes in the municipality and a majority of votes in the territory to be annexed determine the outcome of annexation elections.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Snyder, unanimous consent being granted, the bill (S. B. No. 648) 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 Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     House Concurrent Resolution No. 46, Naming Mullens Overhead Bridge located on State Route 16 in Mullens, Wyoming County, West Virginia the "Sergeant Jack W. Staton Memorial Bridge".
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     The Senate proceeded to the sixth order of business.
     Senator Snyder offered the following resolution:
     Senate Resolution No. 23--
Granting permission to introduce a joint resolution proposing an amendment to the Constitution designated "Legislators' Right to Hold Civil Office Amendment".
     Resolved by the Senate of West Virginia, two thirds of the members present and voting agreeing thereto:
     That in accordance with Senate Rule No. 14, permission is hereby given to introduce a joint resolution with the following title:
     Proposing an amendment to the Constitution of the State of West Virginia, amending section fifteen, article VI thereof, relating to the Legislature; senators and delegates not to hold civil office for profit; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

     Which, under the rules, lies over one day.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 17, Requesting Congress enact National Recreation Lakes Act of 2002.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Concurrent Resolution No. 24, Urging Congress to enact legislation addressing navigational needs on rivers; funding.
     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.
     Com. Sub. for Senate Concurrent Resolution No. 27, Requesting Joint Committee on Government and Finance study protection of water supply.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
     Senate Concurrent Resolution No. 34, Requesting Joint Committee on Government and Finance study administration of estates.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 35, Relating to pension fund bonds.
     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.
     The Senate proceeded to the eighth order of business.
     Eng. Senate Bill No. 76, Increasing amount from consolidated fund as loan to economic development authority.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 76) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 90, Increasing number of sales by certain volunteer groups that are exempt from consumers sales tax.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 90) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 112, Allowing farm wineries to manufacture, serve and sell certain wines.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 112) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 112) takes effect from passage.
     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. 180, Providing for school construction on cash basis.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 180) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 180) 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. 193, Relating to required registration with commissioner of banking for certain persons.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 193) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 403, Relating to payment in lieu of property tax agreements generally.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 403) passed.
     The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 403--A Bill to amend article three, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-a, relating generally to payment in lieu of property tax agreements; prescribing uniform minimum reporting and content requirements for payment in lieu of tax agreements; requiring that agreements be filed in county clerk's office and with chief inspector and secretary of tax and revenue and updated annually; requiring that local levying bodies approve payment in lieu of tax agreements; permitting chief inspector to specify content of agreement and summaries by procedural rules; specifying method for allocation and distribution of payments in lieu of property taxes, whether payment is received in money or other property; specifying how in lieu of property tax payments received by a board of education are treated for purpose of state school aid formula; defining certain terms; specifying when and how these rules apply and exempting certain agreements from their application; and providing effective dates.
     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. 423, Allowing board of examiners of land surveyors set certain fees by legislative rule.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 423) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 477, Relating to transfer of certain fees to general revenue fund by fire marshal.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Senate Bill No. 637, Supplementing, amending, reducing and increasing items from state road fund to department of transportation, division of motor 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 637) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 637) 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. 638, Making supplementary appropriation to department of military affairs and public safety, division of corrections, parolee supervision fees.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 638) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 638) 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. 639, Making supplementary appropriation to department of transportation, division of motor vehicles, driver's license reinstatement fund.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 639) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 639) 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. 640, Making supplementary appropriation of federal funds to department of military affairs and public safety, division of veterans' affairs.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 640) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 640) 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. 641, Making supplementary appropriation of federal funds to department of administration, children's health insurance agency.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 641) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 641) 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. 642, Making supplementary appropriation to department of health and human resources, division of human services.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 642) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 642) 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. 643, Making supplementary appropriation to bureau of commerce, division of natural resources.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 643) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 643) 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. 644, Making supplementary appropriation of federal funds to department of military affairs and public safety, division of corrections.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 644) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 644) 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. 645, Making supplementary appropriation of federal funds to public service commission, motor carrier division.
     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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 645) 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Guills--1.
     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. 645) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 51, Setting required and permitted uses of proceeds from charitable bingo and raffles.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page five, section twenty-three, line thirty-eight, after the word "article" by changing the colon to a period and striking out the remainder of the subsection;
     On page seven, section twenty-three, after line seventy-four, by adding a new subsection, designated subsection (i), to read as follows:
     (i) Nothing in this article shall be construed to restrict a licensee organization from transferring game proceeds by sequentially numbered checks from the same account between a licensee's bingo and raffle accounts in an amount not to exceed the amount of actual loss of the game fund receiving the transfer.;
     On page eleven, section twenty-one, line forty-two, after the word "article" by changing the colon to a period and striking out the remainder of the subsection;
     And,
     On page twelve, section twenty-one, after line seventy-eight, by adding a new subsection, designated subsection (i), to read as follows:
     (i) Nothing in this article shall be construed to restrict a licensee organization from transferring game proceeds by sequentially numbered checks from the same account between a licensee's bingo and raffle accounts in an amount not to exceed the amount of actual loss of the game fund receiving the transfer.
     The bill (Com. Sub. for S. B. No. 51), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 136, Exempting mandatory immunizations for religious beliefs.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Com. Sub. for Senate Bill No. 362, Establishing Public-Private Transportation Act of 2003.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 364, Strengthening multidisciplinary treatment team process for children involved in court system.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 387, Increasing time to perfect liens for certain debts.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 405, Changing personal care homes to assisted living residences; extending board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 428, Directing auditor issue warrants for payment of certain claims against state.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 608, Allowing continuance of summary certificate of need reviews for proposed behavioral health services.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 616, Allowing municipalities to enact occupation privilege fee.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
     On page two, section eleven-a, line five, after the word "regardless" by inserting the word "of".
     The bill (S. B. No. 616), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 646, Authorizing centers for economic development and technology advancement.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 647, Establishing and maintaining self-insurance account by investment management board.
     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.
     Com. Sub. for Senate Bill No. 494, Regulating fees between cemeteries, certain companies and veterans for setting grave markers.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 634, Defining crow as gamebird.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senators Rowe, Ross and Sprouse.
     The Senate proceeded to the thirteenth order of business.
     At the request of Senator Snyder, unanimous consent being granted, it was ordered that the Journal show had Senator Snyder been present in the chamber on yesterday, Monday, February 24, 2003, he would have voted "yea" on the passage of Engrossed Senate Bill No. 95, Engrossed Senate Bill No. 357, Engrossed Senate Bill No. 635, Engrossed Senate Bill No. 636 and Engrossed House Bill No. 2763.
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.