Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 26, 2003

Senate Executive Message No. 5
TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I respectfully submit the following nominations for your advice and consent:
      1.  For Member, Emergency Medical Services Advisory Council, Mike St. Clair, Parkersburg, Wood County, for the term ending June 30, 2005.
      2.  For Member, Emergency Medical Services Advisory Council, Chandler Phillips, Verdunville, Logan County, for the term ending June 30, 2004.
      3.  For Member, Emergency Medical Services Advisory Council, Joe Coburn, Princeton, Mercer County, for the term ending June 30, 2005.
      4.  For Member, Emergency Medical Services Advisory Council, John Ashcraft, New Cumberland, Hancock County, for the term ending June 30, 2003.
      5.  For Member, Emergency Medical Services Advisory Council, Keith Biddle, Huntington, Cabell County, for the term ending June 30, 2004.
      6.  For Member, Emergency Medical Services Advisory Council, Dr. Mike Hartzog, Morgantown, Monongalia County, for the term ending June 30, 2003.
      7.  For Member, Emergency Medical Services Advisory Council, Joe Lynch, Charleston, Kanawha County, for the term ending June 30, 2005.
      8.  For Member, Emergency Medical Services Advisory Council, Chip Sovick, Charleston, Kanawha County, for the term ending June 30, 2004.
      9.  For Member, Emergency Medical Services Advisory Council, Gary Collis, Martinsburg, Berkeley County, for the term ending June 30, 2003.
     10.  For Member, Emergency Medical Services Advisory Council, John Riddle, Charleston, Kanawha County, for the term ending June 30, 2004.
     11.  For Member, Emergency Medical Services Advisory Council, Gordon Merry, Huntington, Cabell County, for the term ending June 30, 2005.
     12.  For Member, Emergency Medical Services Advisory Council, A. G. Lucas, Weirton, Hancock County, for the term ending June 30, 2004.
     13.  For Member, Emergency Medical Services Advisory Council, Dr. Roger Gallant, Wheeling, Ohio County, for the term ending June 30, 2005.
     14.  For Member, Emergency Medical Services Advisory Council, Bill Favors, Huntington, Cabell County, for the term ending June 30, 2003.
     15.  For Member, Emergency Medical Services Advisory Council, Stephen McIntire, Clarksburg, Harrison County, for the term ending June 30, 2004.
     16.  For Member, National Coal Heritage Area Authority, Sharon Cruikshank, Fayetteville, Fayette County, for the term ending June 30, 2006.
     17.  For Member, National Coal Heritage Area Authority, Claud Banner, Welch, McDowell County, for the term ending June 30, 2005.
     18.  For Member, Education and State Employees Grievance Board, Debra A. Kilgore, Princeton, Mercer County, for the term ending July 1, 2005.
     19.  For Member, Concord College Board of Governors, Gene Fife, Charlottesville, Virginia, for the term ending June 30, 2006.
     20.  For Member, Board of Examiners of Psychologists, Allyson D. Sammons, Charleston, Kanawha County, for the term ending June 30, 2005.
     21.  For Member, Board of Dental Examiners, Bernard Grubler, Wheeling, Ohio County, for the term ending June 30, 2007.
     22.  For Member, Board of Dental Examiners, James Vargo, Beckley, Raleigh County, for the term ending June 30, 2003.
     Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
                              Very truly yours,
                               Bob Wise,
                               Governor.
     Which communication was referred to the Committee on Confirmations and incorporated with the executive nominations received earlier this session; all to be considered as a special order of business for Saturday, March 8, 2003, at 11 a.m.
     The Senate again proceeded to the fourth order of business.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 14, Prohibiting counties and municipalities from contracting with certain vendors.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 14 (originating in the Committee on Government Organization)--A Bill to amend and reenact section ten-a, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting the state and its political subdivisions from contracting with vendors owing a debt to the state or its political subdivisions.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 14) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 40, Relating to powers and duties of tourism commission.
     Senate Bill No. 618, Authorizing municipalities to permit certain veterans to park free.
     And,
     Senate Bill No. 627, Renaming Guthrie Center Gus R. Douglass Agriculture Center.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bills (S. B. Nos. 40, 618 and 627) contained in the preceding report from the Committee on Government Organization were each 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. 329, Authorizing secretary of state to promulgate legislative rule relating to registry for notification of state of emergency.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 329 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article nine, 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 commissioner of agriculture to promulgate legislative rule relating to inspection of meat and poultry; authorizing contractor licensing board to promulgate legislative rule relating to contractor licensing act; authorizing courthouse facilities improvement authority to promulgate legislative rule relating to authority; authorizing board of dental examiners to promulgate legislative rule relating to board; authorizing board of dental examiners to promulgate legislative rule relating to formation and approval of dental corporations; authorizing family protection services board to promulgate legislative rule relating to operation of board; authorizing family protection services board to promulgate legislative rule relating to licensure of domestic violence and perpetrator intervention programs; authorizing family protection services board to promulgate legislative rule relating to perpetrator intervention program licensure; authorizing family protection services board to promulgate legislative rule relating to monitored visitation and exchange program certification; authorizing board of funeral service examiners to promulgate legislative rule relating to board; authorizing board of funeral service examiners to promulgate legislative rule relating to crematory requirements; authorizing governor's committee on crime, delinquency and correction to promulgate legislative rule relating to law-enforcement training standards; authorizing governor's committee on crime, delinquency and correction to promulgate legislative rule relating to community corrections standards; authorizing massage therapy licensure board to promulgate legislative rule relating to board; authorizing board of medicine to promulgate legislative rule relating to licensure, disciplinary and complaint procedures, continuing education and physician assistants; authorizing nursing home administrators licensing board to promulgate legislative rule relating to nursing home administrators; authorizing board of optometry to promulgate legislative rule relating to licensure by endorsement; authorizing board of pharmacy to promulgate legislative rule relating to pharmacist recovery networks; authorizing board of pharmacy to promulgate legislative rule relating to controlled substances monitoring; authorizing radiologic technology board of examiners to promulgate legislative rule relating to board; authorizing real estate appraiser licensing and certification board to promulgate legislative rule relating to requirements for licensure and certification; authorizing real estate appraiser licensing and certification board to promulgate legislative rule relating to renewal of licensure and certification; authorizing real estate commission to promulgate legislative rule relating to requirements in licensing real estate brokers, associate brokers and salespersons and conduct of brokerage businesses; authorizing real estate commission to promulgate legislative rule relating to schedule of fees; authorizing real estate commission to promulgate legislative rule relating to requirements in approval and registration of real estate courses, course providers and instructors; authorizing secretary of state to promulgate legislative rule relating to registry for notification of state of emergency; authorizing board of veterinary medicine to promulgate legislative rule relating to standards of practice; and authorizing board of veterinary medicine to promulgate legislative rule relating to schedule of fees.
     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. 329) 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 Sharpe, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 352, Reenacting jobs act.
     With amendments from the Committee on Economic Development pending;
     And reports the same back with the recommendation that it do pass as amended by the Committee on Economic Development to which the bill was first referred.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 352) 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. 396, Providing continuation of misdemeanor prosecutions in certain cases.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 396 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section seven, article five, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing for the joinder of misdemeanor prosecutions in circuit court originally charged in state court where a defendant is charged by complaint with felonies and misdemeanors which are parts of the same transaction or a common scheme or plan.
     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. 396) 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 Sharpe, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 401, Exempting veterans' organizations from consumers sales and service tax.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 401) 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. 410, Requiring ethics commission annually send advisory opinions to Legislature and supreme court library; other provisions.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 410 (originating in the Committee on the Judiciary)--A Bill to amend and reenact sections three and five, article two, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to requiring the ethics commission to annually send copies of all advisory opinions to the offices of the clerk of the West Virginia Senate, the clerk of the West Virginia House of Delegates and the West Virginia supreme court of appeals law library; authorizing members of the Legislature to solicit funds for regional or national legislative organization functions held in this state without violating the ethics act; providing prior approval by the joint committee on government and finance; defining legislative organization; placing limitations on solicitations; providing that only the governmental organization or a banking institution may receive donations; providing reporting requirements and publication of solicitation materials and information relating to funds received; prohibiting use of official letterhead; requiring disclaimer on all solicitation materials; providing certain record-keeping requirements and public availability thereof; and establishing criteria for said solicitations.
     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. 410) 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 Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 455, Authorizing retirement credit for public employment in another state.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 455 (originating in the Committee on Pensions)--A Bill to amend article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen-b, relating to authorizing service credit toward retirement to public employees for public employment in another state.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Pensions.
     At the request of Senator Jenkins, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 455) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 489, Authorizing parkways authority to provide wireless communications coverage.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 489 (originating in the Committee on Government Organization)--A Bill to amend article sixteen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two-a; and to amend article two, chapter twenty-four of said code by adding thereto a new section, designated section eleven-c, all relating to authorizing the parkways authority to construct, maintain, operate and lease wireless communications towers; legislative findings; restrictions; requiring the parkways authority to obtain a certificate of public convenience and necessity from the public service commission before constructing, maintaining, operating and leasing any wireless communication towers; and authorizing the parkways authority to license space to carriers and charge fees.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 489) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Edgell, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration
     Senate Bill No. 493, Eliminating certain administrative duties of commissioner of agriculture.
     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 Government Organization.
                              Respectfully submitted,
                               Larry J. Edgell,
                               Chair.
     At the request of Senator Edgell, unanimous consent being granted, the bill (S. B. No. 493) contained in the preceding report from the Committee on Agriculture 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 Government Organization.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Com. Sub. for Senate Bill No. 497 (originating in the Committee on Government Organization), Creating Commercial Prison Enabling and Contracting Act.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Com. Sub. for Senate Bill No. 497 (originating in the Committee on the Judiciary)--A Bill to amend and reenact sections one, two, four, five, eight, eleven, twelve, fifteen, nineteen and twenty, article five, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to commercial prisons; setting forth legislative findings; requiring commissioner of corrections to develop certain plans; requiring the commissioner to annually make recommendations on whether to continue prison vendors' contracts; providing that the secretary of the department of military affairs and public safety may renew prison vendor contracts annually; providing for certain restrictions concerning offender characteristics relative to the kinds of offenders that may be incarcerated in commercial facilities; reducing the amount of time that a contractor has to abate a violation; prescribing the number of commissioner's representatives that may be employed at each commercial facility for monitoring purposes; increasing bonding requirements for contractors; requiring background checks for employees at commercial facilities; and requiring contractors to be responsible for certain costs.
     With the recommendation that the committee substitute for 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 Com. Sub. for S. B. No. 497) 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. 503, Providing penalty for unauthorized access to government computers or computer networks.
     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. 503) 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 Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 505, Providing municipal fire chiefs retain rank in certain cases.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 505 (originating in the Committee on Government Organization)--A Bill to amend and reenact section eleven, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to municipal fire chiefs; and authorizing retention of rank attained during service as fire chief when tenure as fire chief ends.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 505) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 507, Modifying and updating auctioneer licensing requirements.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 507 (originating in the Committee on Government Organization)--A Bill to amend and reenact sections two, three, five, five-a, six, six-a, six-b, six-c, seven, eight, eight-a and nine, article two-c, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto three new sections, designated sections five-b, six-d and nine-a, all relating to auctioneers; license requirements; fees and notice of change of address required; apprentice sponsorship requirements; reciprocity between states; continuing education requirements; penalties for violating statutory provisions; license revocation; and contract requirements.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 507) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator 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. 535, Providing mandatory carding for all purchasers of nonintoxicating beer, wine and liquor; liability protection.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 535 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section eighteen, article sixteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend article three-a, chapter sixty of said code by adding thereto a new section, designated section twenty-five-a; and to amend and reenact section twenty, article eight of said chapter, all relating to the sale of alcohol, wine and beer to minors; mandatory carding of purchasers of alcohol, wine and beer; and defining terms.
     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. 535) 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 Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Bill No. 553, Prohibiting killing bears weighing less than certain amount.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     At the request of Senator Fanning, unanimous consent being granted, the bill (S. B. No. 553) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Bill No. 554, Increasing cost of bear damage stamp; purchase date.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 554 (originating in the Committee on Natural Resources)--A Bill to amend and reenact section forty-four-b, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the cost of a bear damage stamp from four to ten dollars; expanding the purposes for which the proceeds from a bear damage stamp may be used; and requiring that bear damage stamp be purchased prior to bear archery and firearms hunting seasons until the first day of July, two thousand five.
     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,
                               John Pat Fanning,
                               Chair.
     At the request of Senator Fanning, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 554) contained in the preceding report from the Committee on Natural 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 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. 570, Creating Tourism Destination Economic Development Act.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 570 (originating in the Committee on Economic Development)--A Bill to amend chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-e; and to amend article fifteen, chapter eleven of said code by adding thereto a new section, designated section thirty-four, all relating to the West Virginia tourism destination economic development act; prescribing additional duties for the state development office; setting forth additional powers of the state development office; defining certain terms related to tourism destination development; setting forth legislative findings; providing for evaluation standards; providing for certain procedures in processing tourism destination development project applications; providing for consultation services related to project applications; providing the state development office and the council for community and economic development with authority to approve tourism destination development projects; creating a tourism destination development advisory board; providing for an effective and termination date; and providing tourism destination development project refund of the state sales tax.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
                              Respectfully submitted,
                               Brooks F. McCabe, Jr.,
                               Chair.
     At the request of Senator Bowman, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Economic Development.
     At the request of Senator McCabe, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 570) 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 Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 576, Authorizing department of administration to regulate purchases and sales for flood and emergency relief.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 576 (originating in the Committee on Government Organization)--A Bill to amend and reenact section fifteen, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that the purchasing division of the department of administration has regulatory authority over purchases and sales for flood and other emergency relief.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 576) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 594, Increasing membership on public employees insurance agency finance board.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 594 (originating in the Committee on Government Organization)--A Bill to amend and reenact sections four and twenty-three, article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to full-time employee eligibility; and increasing the number of members that constitute the public employees insurance agency finance board from six members to eight members, with four members being appointed by the governor.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 594) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 603, Establishing permanent statewide trail plan coordinator.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 603 (originating in the Committee on Government Organization)--A Bill to amend chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article one-b, relating to establishing a permanent statewide trail coordinator for all recreational trails in West Virginia.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 603) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Sharpe, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 620, Relating to racetrack video lottery capital reinvestment fund generally.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 620) 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. 372, Allowing state police to engage in political activities in certain cases.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 372 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section thirteen, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to political activities of the state police generally; and clarifying those activities in which members of the state police may participate.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffery V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 372) 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. 407, Providing penalty for worthless check written by out-of-state resident.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 407 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section three-c, article three, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section thirty-nine-g, article three, chapter sixty-one of said code, all relating to providing that when a person writes a worthless check in this state which results in a summons to appear in magistrate court but then fails to appear, he or she shall have his or her privilege to drive in this state revoked.
     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,
                               Jeffery V. Kessler,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 407) 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. 460, Establishing Substance Abuse Prevention Act.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 460 (originating in the Committee on the Judiciary)--A Bill to amend chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten, relating to the enacting a substance abuse prevention act; establishing the "substance abuse prevention fund"; authorizing sources of funding and revenue for the fund; providing for mandatory costs to be collected from persons convicted of certain crimes which are divided evenly between the county wherein the cost is collected and the fund; designating purposes to be promoted by the fund; creating the substance abuse prevention commission; designating members of the commission; listing commission duties; authorizing the proposal of legislative rules to administer the fund and effectuate the act's purposes; and requiring the commission to enlist and receive assistance from the partnership for a drug-free West Virginia, a program under the auspices of the West Virginia prevention resource center at Marshall university graduate college.
     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 Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 460) 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 Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Senate Concurrent Resolution No. 37 (originating in the Committee on Natural Resources)--Requesting the Joint Committee on Government and Finance study creating a single hunting, fishing and trapping license for West Virginia residents.
     Whereas, A great number of West Virginia residents enjoy participating in the recreational activities of hunting, fishing and trapping; and
     Whereas, West Virginia residents' participation in these activities has a large impact on the West Virginia economy; and
     Whereas, A single license would entitle West Virginia residents to hunt, fish and trap during the appropriate season without purchasing any additional state licenses or stamps; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study creating a single hunting, fishing and trapping license for West Virginia residents; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with any drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Concurrent Resolution No. 38 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance study the annexation laws of the State of West Virginia and of the various states to develop innovative annexation alternatives to provide municipalities with the means to create more effective and efficient governmental entities in this state.
     Whereas, The current annexation laws in West Virginia are cumbersome and offer too few creative options to enable cities to enter into annexation agreements with adjacent urban areas; and
     Whereas, There are many aspects of annexation which would benefit those adjacent urban areas, such as improved police and fire protection and other similar services; and
     Whereas, Many such adjacent urban areas would more readily enter into annexation agreements if there were creative alternatives available which would allow those adjacent urban areas to retain some aspects of their self-identity, such as retaining the community's name and limited self-government; and
     Whereas, Other states have successfully addressed the issue of annexation by enacting laws which provide many of the aforementioned creative annexation options to municipalities; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the annexation laws of the State of West Virginia and of the various states to develop innovative annexation alternatives to provide municipalities with the means to create more effective and efficient governmental entities in this state; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Jeffery V. Kessler,
                               Chair.
     The Senate proceeded to the thirteenth order of business.
     At the request of Senator McKenzie, unanimous consent being granted, it was ordered that the Journal show had Senator McKenzie been present in the chamber in earlier proceedings today, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 51, Engrossed Committee Substitute for Senate Bill No. 364, Engrossed Committee Substitute for Senate Bill No. 383, Engrossed Committee Substitute for Senate Bill No. 387, Engrossed Committee Substitute for Senate Bill No. 405, Engrossed Senate Bill No. 428, Engrossed Senate Bill No. 608, Engrossed Senate Bill No. 646 and Engrossed Senate Bill No. 647.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Sharpe, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Com. Sub. for Senate Bill No. 425, Authorizing higher education policy commission to participate in retirement and separation incentives.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 425) 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 Sharpe, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 443, Establishing economic and infrastructure projects under development office guidelines.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 443) 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 Sharpe, 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. 467 (originating in the Committee on Banking and Insurance), Allowing insurance agencies to operate as managing general agents; license.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Com. Sub. for Senate Bill No. 467 (originating in the Committee on Finance)--A Bill to amend and reenact sections one, two, three, four, six and seven, article thirty-seven, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto two new sections, designated sections eight and nine, all relating to licensing and authority of managing general agents; defining terms; requiring managing general agents to be licensed; setting minimum fees for licensure and license renewal; bonding and insurance requirements; designating the secretary of state as agent for service; requiring advertising to be approved; requiring insurers to have independent audited financial statements; increasing the authority of the commissioner, including the authority to order penalties in an amount not exceeding ten thousand dollars for a violation of the article; institution of civil suits; and providing short title and effective date.
     With the recommendation that the committee substitute for committee substitute do pass.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 467) 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. 534, Creating Third-Party Administrator Act.
     With amendments from the Committee on Banking and Insurance pending;
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 534 (originating in the Committee on Finance)--A Bill to amend chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article forty- six, relating to third-party administrators; requiring licensing of third-party administrators; requiring all third-party administrators to obtain certificates of authority; defining terms; disposition of premiums and claim payments received by the administrator; requiring administrator to maintain certain information; requiring advertising be approved; setting forth responsibilities of the insurer; providing for the collection of premiums and payment of claims; administrator compensation; notices and disclosures; nonresident and home state certificate of authority; denial, suspension or revocation of certificate of authority; authority to propose rules; requiring third-party administrators to have written contracts with their insurers; and requiring third-party administrators to provide the commission with certain disclosures.
      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. 534) 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. 565, Relating to public defender services.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 565 (originating in the Committee on the Judiciary)--A Bill to repeal sections thirteen and thirteen-a, article twenty-one, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections three, five, six, nine, ten, eleven and twelve of said article, all relating to public defender services; creating the indigent defense commission; specifying members and their terms; increasing salary of executive director; authorizing the executive director to reduce or reject vouchers; permitting the employment of both full-time and part-time attorneys; changing the manner of appointment of panel attorneys; requiring corporations to submit budget; amending funding contracts; payment of fees to panel attorneys; requiring services provided to public defender corporations; authorizing imposition of administrative service fee on vouchers by agency; and creating a special revenue account for the fees.
     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 Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 565) 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 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. 632, Relating to state agencies making timely payments for telephone services.
     And has amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on February 24, 2003;
     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 (Com. Sub. for S. B. No. 632) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
     The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
     On page one, section four-a, line twenty-four, by striking out the words "shall be" and inserting in lieu thereof the word "is";
     On page two, section four-a, line two, by striking out the word "such";
     On page two, section four-a, line nine, after the word "code" by changing the comma to a period, striking out the word "which" and inserting in lieu thereof the word "The";
     On page three, section four-a, line seven, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page three, section four-a, line thirteen, by striking out the word "such" and inserting in lieu thereof the word "the";
     And,
     On page three, section four-a, line fourteen, by striking out the words "such" and inserting in lieu thereof the word "the".
     The bill (Com. Sub. for S. B. No. 362), as amended, was then ordered to engrossment and third reading.
     Senator Sharpe, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 386, Increasing parole supervision fee.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 386 (originating in the Committee on Finance)--A Bill to amend and reenact section seventeen, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to conditions of release on parole; and increasing the supervision fee to thirty dollars per month.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 386) 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 Sharpe, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 436, Directing public service commission implement 211 information and referral system.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 436) 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 Sharpe, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 496, Creating Motor Fuels Excise Tax Act.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 496 (originating in the Committee on Finance)--A Bill to amend and reenact section two, article nine, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections three and fourteen, article ten of said chapter; to amend article fourteen of said chapter by adding thereto a new section, designated section thirty-one; to amend and reenact sections two, three, five, nine and eleven, article fourteen-a of said chapter; to amend and reenact section two, article fourteen-b of said chapter; to further amend said chapter by adding thereto a new article, designated article fourteen-c; to amend and reenact section eighteen, article fifteen of said chapter; to further amend said article by adding thereto a new section, designated section eighteen-b; to amend and reenact section thirteen, article fifteen- a of said chapter; and to further amend said article by adding thereto a new section, designated section thirteen-a, all relating generally to the levy, collection and administration of West Virginia motor fuels excise tax; making tax crimes and penalties act applicable to West Virginia motor fuels excise tax as of specified date; making West Virginia tax procedure and administration act applicable to West Virginia motor fuels excise tax effective as of specified date; applying overpayments, credits and refunds to West Virginia motor fuels excise tax effective as of effective date; replacing gasoline and special fuels excise tax with motor fuels excise tax as of specified date, after which gasoline and special fuel excise tax is repealed; defining certain motor carrier road tax terms; requiring motor carrier road tax to be equal to the motor fuels excise tax; changing frequency for filing motor carrier road tax reports; providing credit against motor carrier road tax for payment of motor fuels excise tax; authorizing refunds of the motor fuels tax; defining certain terms in interstate fuel tax agreement; enacting motor fuels excise tax; defining terms; authorizing promulgation of rules and forms; authorizing exchange of information; levying motor fuels excise tax; establishing rate of motor fuels excise tax; establishing points at which the tax is imposed; imposing tax on unaccounted for motor fuel losses; imposing back-up tax on taxable use of untaxed fuel; establishing exemptions from tax; designating persons to be licensed; establishing license application procedure; authorizing permissive supplier to collect tax; establishing bond requirements; grounds for issuance and for denial of license; requiring notice of discontinuance of business; providing for permitting license cancellation under certain circumstances; records of license applicants and licensees; specifying when tax returns and tax payments are due; requiring remittance of tax by suppliers and permissive suppliers; providing for notice of cancellation and reissuance of license; identifying information required on tax return; specifying deductions and discounts allowed to suppliers and permissive suppliers; specifying duties of suppliers and permissive suppliers as trustee; requiring returns and allowing discounts to importers; requiring information returns by terminal operators; requiring information returns by motor fuel transporters; requiring return by exporters; identifying information required on returns; authorizing refund of taxes erroneously collected or for gallonage exported or lost through casualty or evaporation; providing method for claiming and paying refunds; incorporating provisions of tax crimes and penalties act and West Virginia tax procedure and administration act into motor fuels excise tax; specifying information required on shipping documents; requiring import confirmation number; prohibiting improper sale or use of untaxed motor fuels; providing remedy for refusal to allow inspection or taking of fuel sample; prohibiting engaging in business without a license; prohibiting certain persons from obtaining license; providing civil remedy for filing false returns and for failure to file returns; providing criminal penalties for willful commission of prohibited acts; imposing penalties for unlawful importing, transportation, delivery, storage or sale of motor fuel; providing for enforcement of assessment; imposing record-keeping requirements; providing for inspection of records; providing commissioner authority to inspect; specifying marking requirements for dyed diesel fuel storage facilities; providing for disposition of tax collected; and specifying that sections pertaining to sales and use taxes on gasoline and special fuel are, after a specified date, repealed and replaced by new sections continuing sales and use taxes on motor fuel and harmonizing these taxes with new motor fuels excise tax.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 496) 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 Sharpe, 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. 580, Providing for inspections of individual water supply and wastewater systems and certification of inspectors.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 580) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Com. Sub. for Senate Bill No. 583 (originating in the Committee on Energy, Industry and Mining), Creating coal resource transportation road system.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Com. Sub. for Senate Bill No. 583 (originating in the Committee on Finance)--A Bill to amend and reenact section one, article six, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article by adding thereto a new section, designated section ten; to amend and reenact sections ten and eleven, article seventeen of said chapter; to further amend said article by adding thereto a new section, designated section eleven-d; to further amend said chapter by adding thereto two new articles, designated articles seventeen-a and seventeen-b; to amend and reenact sections three and seven, article one, chapter seventeen-e of said code; and to amend chapter twenty-four-a of said code by adding thereto a new article, designated article one-a, all relating to the regulation of commercial vehicles; increasing speeding fines for commercial vehicles transporting coal; authorizing public service commission and its employees to enforce laws of the road for commercial vehicles; authorizing weight enforcement for commercial vehicles moving or parked on or within one hundred feet of a public highway or right-of-way; establishing administrative enforcement process and penalties for vehicles transporting coal; issuance of special permits; setting maximum highway weights; providing legislative findings for special regulation of coal transportation on the coal resource transportation road system; defining terms; designating eligible counties; directing public service commission to administer commercial vehicle weights and measures; providing that division of highways and public service commission administer all aspects of weight and safety requirements; providing that division of highways coordinate establishment of coal resource transportation roads with the public service commission; establishing a permitting program for vehicles transporting coal which allows higher weight limits upon meeting certain requirements; authorizing public service commission to promulgate emergency and legislative rules; providing special operator and vehicle permit requirements; providing for fees to be assessed for permits; providing reporting requirements for vehicle owners, coal shippers and coal receivers; authorizing commission employees to inspect certain weight transportation records; establishing administrative sanctions for coal vehicle weight violations; establishing new penalties for weight violations; establishing procedure and criteria for commissioner of division of highways to designate special coal resource transportation roads; setting an effective date; authorizing commissioner of division of highways to enter into agreements with persons responsible for coal transport to undertake road and bridge improvements; excluding off-road vehicles and interstate highways; providing penalties for spotting; providing for transfer of certain duties, authority and employees of the division of highways to the public service commission; providing dates for transfer of these duties; providing that state road funds for these costs be transferred to public service commission; providing that transfer of these duties does not alter other law-enforcement agencies' authority; costs of enforcement; removing weight from the list of nonserious traffic violations; creating commercial motor vehicle weight and safety enforcement advisory committee; and providing for its membership, organization, compensation, expense reimbursements, duties and termination of committee.
     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. 583) 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. 654 (originating in the Committee on the Judiciary)--A Bill to amend article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-five, relating to community corrections generally; eligibility for community corrections supervision; extending supervision for certain sex offenders; supervision where available through community corrections; fees; procedures; and penalties.
     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. 654) 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 Sharpe, 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. 153 (originating in the Committee on Government Organization), Creating division of gaming.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Com. Sub. for Senate Bill No. 153 (originating in the Committee on Finance)--A Bill to amend chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-nine, relating to legal gaming; creating a division of gaming; transferring all legal gaming activities, powers, funds and functions to the division; definitions; transferring the racing commission and the lottery commission to the division; renaming the lottery commission the gaming commission; adding the regulation of all legal gaming activities, except racing activities, to the duties of the gaming commission; division's powers and duties; transition provisions; gaming director; director's powers and duties; and continuing the division.
     With the recommendation that the committee substitute for committee substitute do pass.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 153) 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.
     At the request of Senator Oliverio, and by unanimous consent, Senator Oliverio addressed the Senate regarding seatbelt utilization and the Governor's Highway Safety Program.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 27, 2003, at 11 a.m.
____________