sdj-51st day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FIFTY-FIRST DAY
____________

Charleston, W. Va., Thursday, February 27, 2003

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
     Prayer was offered by Dr. D. W. Cummings, Pastor, Bethlehem Apostolic Temple, Wheeling, West Virginia.
     Pending the reading of the Journal of Wednesday, February 26, 2003,
     On motion of Senator Chafin, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 164, Continuing office of coalfield community development.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 166, Continuing oil and gas inspectors' examining board.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 414, Authorizing real estate commission to enter into license reciprocity agreements with other states.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 415, Continuing environmental quality board.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 417, Continuing commission for deaf and hard-of-hearing.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 461, Updating section of corporation net income tax act for federal income tax purpose.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
     Eng. Senate Bill No. 462, Updating certain terms in personal income tax act for federal income tax purpose.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 469, Continuing contractor licensing board.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 471, Continuing board of pharmacy.
     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. 2003--A Bill to amend and reenact section sixteen, article twelve-a, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to clarifying the law to allow for one or more municipalities to self-insure together; and eliminating the requirement that the insurance commissioner promulgate rules relating to self-insurance programs for political subdivisions.
     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 adoption by that body of the committee of conference report, passage as amended by the conference report with its conference amended title, and requested the concurrence of the Senate in the adoption thereof, as to
     Eng. Com. Sub. for House Bill No. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefor.
     Whereupon, Senator Ross, from the committee of conference on matters of disagreement between the two houses, as to
     Eng. Com. Sub. for House Bill No. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefor.
     Submitted the following report, which was received:
     Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 2121 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
     That both houses recede from their respective positions as to the amendment of the Senate, striking out everything after the enacting clause, and agree to the same as follows:
     That the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new chapter, designated chapter seventeen-f, to read as follows:

CHAPTER 17F. ALL-TERRAIN VEHICLES.
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator.

(a) No all-terrain vehicle may be operated in this state:

     (1) On any interstate highway except by public safety personnel responding to emergencies;
     (2) On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street or highway if:
     (A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
     (B) The vehicle is brought to a complete stop before crossing the shoulder or main-traveled way of the highway;
     (C) The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
     (D) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped;
     (3) Unless riders under the age of eighteen are wearing protective helmets that meet the current performance specifications established by the American national standards institute standard, Z 90.1, the United States department of transportation federal motor vehicle safety standard no. 218 or snell safety standards for protective headgear for vehicle users;
     (4) Any time from sunset to sunrise without an illuminated headlight or lights and taillights;
     (5) Without a manufacturer-installed, or equivalent, spark arrester and a manufacturer-installed, or equivalent, muffler in proper working order and properly connected to the vehicle's exhaust system; or
     (6) Unless operating in compliance with the provisions of section two of this article.
     (b) Any person not exempted by the provisions of this article who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
     (c) Notwithstanding any provision of this chapter to the contrary, an all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder or as close as possible to the edge of any road, street or highway, other than an interstate highway, for a reasonable distance if:
     (1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
     (2) If operated at any time from sunset to sunrise, the all- terrain vehicle must be equipped with headlights and taillights, which must be illuminated.
     (d) For purposes of subsection (c) of this section, the reasonable distance which may be traveled for the sole purpose of getting from one trail, field or area of operation to another upon the shoulder or as close as possible to the edge of any road, street or highway, other than an interstate highway, shall not exceed that distance as established for farm-use vehicles.
     (e) Notwithstanding the provisions of this chapter to the contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain paved roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, or for specified purposes, or in emergencies.
§17F-1-2. Safety training.
     (a) On and after the first day of July, two thousand three, the commissioner of motor vehicles shall offer a free all-terrain vehicle rider safety training course and may approve other free all-terrain vehicle rider safety training courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer free safety training course materials to authorized dealers of all-terrain vehicles for use by purchasers and potential purchasers free of charge.
     (b) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all-terrain vehicles to issue the certificates of completion.
     (c) On and after the first day of July, two thousand three, no person under the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider training course as offered or approved by the commissioner.
§17F-1-3. Local government authority to regulate.
     (a) A municipality may regulate in any manner, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.
     (b) Homeowner associations may petition the county commission of the county in which the area regulated by the homeowner association is located for an ordinance to regulate or prohibit the operation of all-terrain vehicles upon any street, road or avenue within the area regulated by the homeowner association. County commissions are hereby authorized, upon receipt of a petition authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the operation of all-terrain vehicles.

§17F-1-4. All-terrain vehicle rental dealers required to provide safety equipment.

     Any person or entity renting or leasing all-terrain vehicles for recreational purposes must provide protective helmets as defined by the provisions of subdivision (3), subsection (a), section one of this article, to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the age and identity of the users of the all-terrain vehicle must be disclosed to the person or entity providing the rented or leased vehicle.
§17F-1-5. Private property exemption.
     The provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned or leased by the vehicle owner or on private lands of others with the owner's permission.
§17F-1-6. Exemption for farm and commercial use.
     Nothing in this article may be construed to preclude the use or operation of all-terrain vehicles for lawful nonrecreational commercial purposes, including, but not limited to, farm use, oil and gas operations, timbering, surveying and public utilities access.;
     And,
     That both houses recede from their respective positions as to the tile of the bill and agree to the same as follows:
     Eng. Com. Sub. for House Bill No. 2121--A Bill to amend the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new chapter, designated chapter seventeen-f, relating to the regulation of all-terrain vehicles; prohibiting operation on interstate highways; prohibiting operation on center-lined roads or roads with more than two lanes; exceptions to prohibition; prohibiting riders under the age of eighteen without a helmet; providing for penalties for violations; requiring safety training; providing for regulation by local government authority; requiring rental dealers to provide safety equipment; providing exemption for private property; and providing exemption for farm and commercial use.
                              Respectfully submitted,
     J. D. Beane, Chair, Earnest H. Kuhn, Otis A. Leggett, Conferees on the part of the House of Delegates.
     Mike Ross, Chair, Anita Skeens Caldwell, Karen L. Facemyer, Conferees on the part of the Senate.
     Senator Ross, Senate cochair of the committee of conference, was recognized to explain the report.
     Senator Snyder requested unanimous consent that further consideration of the committee of conference report be placed under unfinished business for tomorrow, Friday, February 28, 2003 .
     Which consent was not granted, Senator Ross objecting.
     On motion of Senator Snyder, further consideration of the committee of conference report was placed under unfinished business for tomorrow, Friday, February 28, 2003 .
     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. 2126--A Bill to amend and reenact sections twelve, sixteen-a and twenty-seven, article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section four, article three-a of said chapter; and to amend and reenact section three, article three, chapter sixty-one of said code, all relating to violations of fire laws and rules; increasing penalties; providing for increased criminal penalties; and providing criminal penalty under certain circumstances for persons involved in setting fires to the property of others or in public rights-of-way.
     Referred 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. 2357--A Bill to amend and reenact section three-a, article two-a, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the authority of the aeronautics commissioner to expend funds.
     Referred 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. 2500--A Bill to amend and reenact section six hundred eight, article five, chapter forty- eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four hundred one, article twenty-seven of said chapter, all relating to domestic relations generally; and clarifying the authority of the courts to continue protective orders during certain proceedings.
     Referred 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. House Bill No. 2528--A Bill to amend article twenty-one- a, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen, relating to creating the West Virginia flood protection task force to help coordinate federal, state and local governmental response to flooding; membership; powers and duties; creating an advisory panel; membership; powers and duties; meetings; and sunset provision.
     Referred to the Committee on Finance.
     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. Com. Sub. for House Bill No. 2733--A Bill to amend and reenact section two-a, article nine, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal investigation and special audits divisions of state tax division; and increasing amount of unencumbered funds in special revenue account for those divisions that is not transferred to general fund at end of fiscal year.
     Referred 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. 2765--A Bill to repeal section twenty-six, article twelve, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections three, eight, ten, twenty-eight and thirty-two of said article; to amend and reenact section thirteen, article three of said chapter; to amend and reenact section eighteen, article four of said chapter; to amend and reenact section two, article twenty-one of said chapter; to amend and reenact sections two and thirty-three, article twenty-three of said chapter; to amend and reenact section four, article twenty-four of said chapter; to amend and reenact section twenty-six, article twenty-five-d of said chapter; and to amend and reenact section twenty-one, article thirty-two of said chapter, all relating to insurance agents, brokers, solicitors, insurers and certain health service businesses; vending machines; clarifying license requirement for insurance producers; increasing continuing education requirements; clarifying fees charged; limiting the issuance of service representative licenses and defining who is a limited licensee for rental companies; and correcting certain references in the chapter to article twelve and excess line brokers.
     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. 2868--A Bill to amend article two, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two, relating generally to powers of alcohol beverage control commissioner; authorizing scanner technology for verification of purchasers' ages; providing limitations on uses of collected information; and allowing commissioner to enter into contracts for sale and promotion of certain proprietary scanner technology.
     Referred 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. 2965--A Bill to amend article twenty, chapter nineteen 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 authorizing the transfer of ownership of state-owned dogs or horses by governmental agencies.
     Referred 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. 3014--A Bill to amend and reenact sections one-a, two, three, four, four-a, four-b, five, six, eight, nine-f, thirteen, fourteen, sixteen, thirty-one and thirty-three, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, one-a, two, three, three-a, four, five, six, seven, eight, nine, ten, ten-a, eleven, eighteen, twenty-one, twenty-two, twenty-seven and twenty-nine, article fifteen-a of said chapter; to amend and reenact sections one, two, three and five, article fifteen-b of said chapter; and to further amend said article by adding thereto twenty-three new sections, designated sections two-a, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty- one, twenty-two, twenty-three, twenty-four, twenty-five, twenty- six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one and thirty-two, all relating generally to "Main Street Fairness Act of 2003"; amending consumers sales and service and use tax laws to conform to requirements of streamlined sales and use tax agreement; incorporating in this state's sales and use tax laws certain substantive provisions of agreement pertaining to definitions, administration, collection and enforcement of sales and use taxes; renaming simplified sales and use tax administration act as streamlined sales and use tax administration act; authorizing tax commissioner to sign agreement; specifying effective dates; deleting obsolete language; and making other technical changes.
     Referred 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. 3188--A Bill to amend and reenact section eleven, article eight, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to driver's license privilege; conditions for obtaining license; denial and revocation; and limitation on reinstatement.
     Referred to the Committee on Education.
     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. 13--Requesting the Joint Committee on Government and Finance to continue its study of the current foster care system in West Virginia in regards to adequacy of funding, revenue maximization, in-state retention, private and therapeutic foster care programs and per diem reimbursement rates.
     Whereas, It is in the best interests of the state to provide for a strong foster care system to fulfill the treatment and permanency needs of our most vulnerable children; and
     Whereas, Currently, West Virginia's foster care system is facing a crisis because of forced reductions in spending and increases in out-of-state placements; and
     Whereas, The number of youth in out-of-state placements has increased substantially during the past year; and
     Whereas, The therapeutic foster care reimbursement rate has not been increased for four years and is inadequate to assure the quantity or quality of foster care homes to meet the needs of West Virginia's youth and children, particularly older youth with more challenging behaviors; and
     Whereas, As a result of inadequate funding of foster care and a decrease in both in-state bed capacity and utilization, youth have "trickled up" in the system of care to higher levels and more costly types of care, including group residential care and out-of-state placements; and
     Whereas, Increasing the overall funding of foster care programs and increasing the per diem rate for reimbursement could help prevent a severe crisis in the programs that provide needed out-of-home placements; and
     Whereas, Increasing the per diem rate for reimbursement should also result in an increased bed capacity in the foster care arena and an enhanced ability to recruit foster parents for youth with more challenging behaviors and older adolescents in the juvenile justice system; and
     Whereas, An increased in-state bed capacity in therapeutic foster care would allow children to be diverted from more expensive group residential care, thus decreasing the need for many out-of-state placements and providing for a source of revenue from savings as an out-of-home care option; and
     Whereas, A productive foster care system is not only an effective treatment for children at risk, it could save the state millions while also providing the option for permanency or adoption; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to continue its study of the current foster care system in West Virginia in regards to adequate funding, revenue maximization, in-state retention, private and therapeutic foster care programs and per diem rates; 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.
     Referred to the Committee on Rules.
     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. 42--Requesting the United States Congress to enact and fully fund navigation needs on our nation's rivers.
     Whereas, The upper reaches of the headwaters of many of our nation's navigable rivers have suffered a decline in river commerce, resulting in severe cutbacks in federal funding for maintenance and operation of locks and dams on these rivers by the United States Army Corps of Engineers (COE), including the hours the locks are open for transit by river traffic; and
     Whereas, This problem is especially severe within the Pittsburgh District of COE, for the Monongahela River in West Virginia and for the upper reaches of the Allegheny River in Pennsylvania, thus causing great harm to commercial and recreational users of these two rivers and to the communities and businesses that rely on unhindered navigation of these rivers; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Congress of the United States is requested to enact and fully fund legislation requiring that the Army Corps of Engineers base river navigation budgets not solely on the tonnage of commerce but also on the value of the commerce and on the needs of recreational users of the rivers and on the importance of all such river uses to the economic well-being and development of communities and regions bounding the river; and, be it
     Further Resolved, That it is requested that the Pennsylvania and West Virginia congressional delegations, especially those members of the United States House of Representatives whose districts include the Pittsburgh District of the Army Corps of Engineers, seek appropriations for the federal fiscal year 2003 (which began the first day of October, two thousand two) and for successive fiscal years that will enable the Pittsburgh District of the Corps of Engineers to fully meet the navigation needs of all river users and communities for the Upper Allegheny and Upper Monongahela rivers and support Congressman Mollohan in his request for $5 million to research and demonstrate the feasibility of automating lock operation, directly permitting the remote operation of lock chambers for Upper Mon locks and developing a national technology base for a future combination of cost reductions with service improvements; seek congressional authorization and funding for studies of how the federal government might partnership with states and local communities on innovative ways to fund and operate river navigation needs; and, be it
     Further Resolved, That the Legislature of West Virginia supports the Pittsburgh-based River Navigation Coalition in their extensive and effective efforts to keep the locks and dams operational on the Allegheny and Monongahela rivers, maximize the hours of operation of the locks for all users, promote river recreational boating, promote commercial navigation by maintaining the river channels and continued operation of the locks and promote economic growth pertaining to recreational and commercial navigation for the entire region; and, be it
     Further Resolved, That the Legislature of West Virginia supports the Upper Monongahela River Association, Incorporated, a West Virginia not-for-profit 501 (c)(4) corporation (successor to the informal Upper Monongahela Committee for Better Boating formed in February, 2000) and a founding member of the River Navigation Coalition, in UMRA's efforts to achieve all of the goals; and, be it
     Further Resolved, That the Clerk of the House of Delegates is directed to furnish a copy of this resolution to the West Virginia and Pennsylvania delegations to Congress.
     Referred to the Committee on Natural Resources.
     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. 56--Directing the Joint Committee on Government and Finance to make a study on the grievance procedures for public school employees.
     Whereas, The grievance procedures are intended as a process through which school employees and their employers can reach solutions to problems which arise between them within the scope of their employment relationship; and
     Whereas, The grievance procedures are intended as an efficient and fair alternative to other more costly means of resolving these problems; and
     Whereas, Many suggestions for further improving the grievance procedures are brought before the committees of the Legislature each year; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby directed to make a study on the grievance procedures for public school employees; and, be it
     Further Resolved, That the said Joint Committee on Government and Finance shall conduct the study and prepare a report of its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; 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.
     Referred to the Committee on Rules.
     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. 57--Directing the Joint Committee on Government and Finance to make a study on school transportation.
     Whereas, The expense of transporting students to and from school and for both curricular and extracurricular trips is a major expense for school systems; and
     Whereas, Parents and students must often raise money to enable students to partake of valuable learning experiences because of the expense of student transportation to locations other than the school; and
     Whereas, Restrictive laws and policies for the transporting of students are intended to protect student health and safety but also contribute to the high cost of student transportation; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby directed to conduct a study on school transportation; and, be it
     Further Resolved, That the said Joint Committee on Government and Finance shall conduct the study and prepare a report of its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; 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.
     Referred to the Committee on Rules.
     The Senate proceeded to the fourth order of business.
     Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 27th day of February, 2003, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for Com. Sub. for S. B. No. 170), Requiring informed consent for abortion; other provision.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     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. 132, Granting counties option of selling liquor retail in certain cases.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 132 (originating in the Committee on the Judiciary)--A Bill to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-ll; and to amend and reenact section two, article three-a, chapter sixty of said code, all relating to granting counties the option of selling liquor retail within a thirty-mile radius in which no private retail establishments that sell liquor are located.
     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 Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 132) 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. 316, Authorizing division of natural resources to promulgate legislative rule relating to commercial sale of wildlife.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 316 (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 division of forestry to promulgate legislative rule relating to sediment control during commercial timber harvesting operations; logger certification; authorizing division of forestry to promulgate legislative rule relating to sediment control during commercial timber harvesting operation; licensing; authorizing development office to promulgate legislative rule relating to community development assessment and real property valuation procedures for office of coalfield development; authorizing manufactured housing construction and safety standards board to promulgate legislative rule relating to board; authorizing division of labor to promulgate legislative rule relating to elevator safety act; authorizing division of labor to promulgate legislative rule relating to regulation of trade-- weights and measures; authorizing board of miner training, education and certification to promulgate legislative rule relating to standards for certification of coal mine electricians; authorizing division of natural resources to promulgate legislative rule relating to revocation of hunting and fishing licenses; authorizing division of natural resources to promulgate legislative rule relating to special boating; authorizing division of natural resources to promulgate legislative rule relating to prohibitions when hunting and trapping; authorizing division of natural resources to promulgate legislative rule relating to deer hunting; and authorizing division of natural resources to promulgate legislative rule relating to commercial sale of wildlife.
     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. 316) 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.
     On motion of Senator Kessler, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 316 was then 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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 316) 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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 316) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 437, Requiring joint committee on government and finance approve certain long-term agreements.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 437 (originating in the Committee on Finance)--A Bill to amend and reenact section four, article six, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section forty, article three, chapter five-a of said code, all relating to requiring that the Legislature's joint committee on government and finance approve certain provisions of real estate, any lease-purchase agreement and any construction of new buildings or acquisition of buildings, office space or surrounding grounds by the building commission or the secretary of administration; tax exemptions not affected by leasebacks; exemptions available to private entity who is a party to the leaseback; leasebacks to be considered public improvements; and personal liability of a private entity who is a party to a leaseback.
     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. 437) 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.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 437 was then 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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 437) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 440, Establishing Contractors Notice and Opportunity to Cure Act.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 440 (originating in the Committee on the Judiciary)--A Bill to amend chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article eleven-a, relating to establishing the contractors notice and opportunity to cure act.
     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. 440) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 531, Exempting certain lodging franchise assessed fees from consumers sales and service tax.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 531) 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.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 531 was then 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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 531) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 589, Relating to common interest communities and condominiums; restrictive covenants.
     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. 589) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 605, Establishing Community Improvement Act.
     With amendments form the Committee on Economic Development pending;
     And has also amended same.
     Now on second reading, having been read a first time and rereferred to the Committee on Finance on February 26, 2003;
     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; and as last amended by the Committee on Finance.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 605) 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 Economic Development, were reported by the Clerk, considered simultaneously, and adopted:
     On page four, section two, lines twenty-two and twenty-three, by striking out the words "waterworks systems, sewerage systems" and inserting in lieu thereof the words "water transmission and distribution facilities, sewage collection and transmission facilities";
     On pages seven and eight, section four, by striking out all of subdivision (9) and inserting in lieu thereof a new subdivision (9), to read as follows:
     "(9) If the project includes water, wastewater or sewer improvements, written evidence from the utility or utilities that will provide service to the district that said utility or utilities:
     (A) Currently has adequate capacity to provide service without significant upgrades or modifications to its treatment, storage or source of supply facilities;
     (B) Will review and approve all plans and specifications for the improvements to determine that the improvements conform to the utility's reasonable requirements and, if the improvement consists of water transmission or distribution facilities, that the improvements provide for adequate fire protection for the district; and
     (C) If built in conformance with said plans and specifications, will accept the improvements following their completion, unless such projects are to be owned by the district;";
     On page nine, section four, after line six, by adding a new subsection, designated subsection (d), to read as follows:
     (d) Notwithstanding any other provision of this article to the contrary, nothing in this article shall modify:
     (1) The jurisdiction of the public service commission to determine the convenience and necessity of the construction of utility facilities, to resolve disputes between utilities relating to which utility should provide service to a district, or otherwise to regulate the orderly development of utility infrastructure in the state; or
     (2) The authority of the infrastructure and jobs development council as to the funding of utility facilities to the extent that loans, loan guarantees, grants or other funding assistance from a state infrastructure agency are involved.;
     On page fifteen, section six, line fourteen, by striking out the word "and";
     On page fifteen, section six, after line fourteen, by inserting a new subdivision, designated subdivision (14), to read as follows:
     "(14) Pledge funds generated by assessments in a district or proceeds from the sale of assessment bonds payment of debt service on tax increment financing obligations issued under article eleven- b, chapter seven of this code, for the period of time determined by the community improvement board; and";
     And renumbering the remaining subdivision;
     On page fifteen, section six, after line eighteen, by inserting a new subsection, designated subsection (c), to read as follows:
     (c) Notwithstanding the powers granted to community improvement districts in subsection (b) of this section or as otherwise provided in this code, no community improvement district may expend funds to assist any utility to upgrade, improve, modify, repair or replace the utility's existing storage, treatment or source of supply facilities, whether such existing facilities are located within or outside of the district.;
     And relettering the remaining subsections;
     And,
     On page twenty-one, section eight, line sixteen, after the word "bonds" by inserting the words "or pledging any amounts to payment of tax increment financing obligation debt service".
     The bill (S. B. No. 605), as amended, was then ordered to engrossment and third 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. 655 (originating in the Committee on Finance)--A Bill to amend and reenact section twenty-six, article six, chapter eleven 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 twenty-seven; and to amend and reenact section seventeen, article six-g of said chapter, all relating to creating the public utilities tax loss restoration fund; and providing additional funds to counties, districts and municipalities that have lost public utilities assessed value.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 655) 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.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 655 was then 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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 655) 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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 655) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 628, Requiring farmers' mutual fire insurance companies to write certain percentage in underserved areas; penalty.
     And has amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on February 25, 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 Chafin, unanimous consent being granted, the bill (S. B. No. 628) 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 two, section eight, line thirteen, by striking out the word "therefrom" and inserting in lieu thereof the words "from the physical loss";
     On page two, section eight, line twenty-two, by striking out the word "such" and inserting in lieu thereof the word "the";
     On page two, section eight, line twenty-three, after the word "pipes;" by inserting the word "and";
     On page three, section eight, line four, by striking out the words "any such" and inserting in lieu thereof the word "a";
     On page three, section eight, line twenty, after the word "coverage" by changing the period to a semicolon;
     And,
     On page three, section eight, line twenty-three, by striking out the words "the foregoing" and the period and inserting in lieu thereof the words "them; and".
     The bill (Com. Sub. for S. B. No. 628), as amended, was then ordered to engrossment and third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     Engrossed Committee Substitute for Senate Bill No. 628 was then 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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 628) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the sixth order of business.
     Senators White, Love, Fanning, Hunter, Rowe, Unger, Jenkins, Dempsey and Sprouse offered the following resolution:
     Senate Concurrent Resolution No. 39-- Requesting the Joint Committee on Government and Finance study ways to administer the programs encompassed under the Governor's Cabinet on Children and Families so that adequate funding may be maintained to provide for their continued functioning.
     Whereas, Programs administered by the Governor's Cabinet on Children and Families have helped identify and serve the needs of the citizens of this state; and
     Whereas, In this era of severe budgetary constraints, limited funding sources and significant fiscal cutbacks throughout state government, a significant risk exists that these important and beneficial programs may be greatly reduced in their financial abilities to serve those who most need assistance or that these programs may even be discontinued altogether; and
     Whereas, Due to this risk, a need exists to study and examine models from other states for supporting these programs, including, but not limited to, those states where private, nonprofit entities have successfully provided services or funding to support community-based planning, coordination and delivery of important services intended to benefit children and preserve families; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study ways to administer the programs encompassed under the Governor's Cabinet on Children and Families so that adequate funding may be maintained to provide for their continued functioning; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators McCabe, Unger, Rowe, Bailey, Caldwell, White, Fanning, Helmick, Bowman, Edgell, Plymale, Kessler, Jenkins, Sharpe, Ross, Dempsey, Oliverio, Weeks, Harrison, Smith, Facemyer, McKenzie, Hunter, Minard, Prezioso, Guills and Tomblin (Mr. President) offered the following resolution:
     Senate Concurrent Resolution No. 40-- Requesting the Joint Committee on Government and Finance study the feasibility of expanding Tamarack's appeal in the eastern United States by establishing a greater regional presence.
     Whereas, Tamarack attracted nearly three million visitors in the first five years, approximately 72 percent of which were out- of-state residents; and
     Whereas, Tamarack purchases products from West Virginia artisans in all fifty-five counties and its operations have generated over two million dollars in state sales tax revenue; and
     Whereas, Expanding Tamarack's role as an ambassador of the "Best of West Virginia" to a greater percentage of the population of the eastern United States would enhance the business of Tamarack, promote the state's craft and tourism industries, continue to provide jobs and further enhance the image of West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the feasibility of expanding Tamarack's appeal in the eastern United States by establishing a greater regional presence; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Jenkins, Fanning, Edgell, Plymale, Harrison, Boley, Bowman, Unger, Hunter, Rowe, White, Ross, Sprouse and Sharpe offered the following resolution:
     Senate Concurrent Resolution No. 41-- Requesting the Joint Committee on Government and Finance appoint an interim committee to study the feasibility of converting the Teachers' Defined Contribution Retirement System to a defined benefit retirement system.
     Whereas, There is interest among members of the Teachers' Defined Contribution Retirement System in converting the system to a defined benefit retirement system; and
     Whereas, The financial ramifications of converting the Teachers' Defined Contribution Retirement System to a defined benefit retirement system, including potential creation of additional unfunded liability of the state, bear further study to determine feasibility; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study the feasibility of converting the Teachers' Defined Contribution Retirement System to a defined benefit retirement system ; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Jenkins, Fanning, Edgell, Plymale, Harrison, Boley, Bowman, Unger, Rowe and Ross offered the following resolution:
     Senate Concurrent Resolution No. 42--Requesting the Joint Committee on Government and Finance appoint an interim committee to study the feasibility of providing retirement programs for emergency medical services personnel, Division of Natural Resources conservation officers, Division of Corrections employees and Division of Juvenile Services employees.
     Whereas, Emergency medical services personnel, Division of Natural Resources conservation officers, Division of Corrections employees and Division of Juvenile Services employees must meet unique physical qualifications for their jobs; and
     Whereas, These employees must endure demanding and stressful circumstances on the job that often lead to early retirement; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study the feasibility of providing retirement programs for emergency medical services personnel, Division of Natural Resources conservation officers, Division of Corrections employees and Division of Juvenile Services employees ; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Caldwell, Guills, Fanning, Chafin, Unger, Plymale, Bowman, Edgell, White, Rowe, Jenkins, Minard, Sharpe, Ross, Dempsey, Facemyer, Hunter, Oliverio, Smith, Love, Weeks, Boley, Minear, Sprouse, Bailey, McKenzie, McCabe, Prezioso, Kessler and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 24-- Congratulating Deborah S. Akers, Ed.D., on her selection as West Virginia Superintendent of the Year, 2002.
     Whereas, Deborah S. Akers attended Concord College, where she received a bachelor's degree in elementary education in 1974. She began her career as an elementary school teacher in Mercer County schools. After earning a master's degree from Radford University and a doctorate in education from Virginia Tech, she progressed through the administrative ranks of the Mercer County school system; and
     Whereas, In 1993, Deborah S. Akers was named Superintendent of Mercer County schools, making her the first woman to hold the chief executive officer's title in the school system in southern West Virginia; and
     Whereas, Under the direction and initiative of Deborah S. Akers, programs were developed and implemented to turn around the troubled school system. An alternative program was established for students serving expulsions from school to allow them to continue their education while on expulsion; and
     Whereas, Deborah S. Akers has worked to solve budget deficits, declining enrollments, loss of funded employee positions and issues arising as the county reduced its number of high schools from four to one. Her leadership in controlling and managing spending resulted in financial stability for the system; and
     Whereas, Proudly, Deborah S. Akers was selected by the West Virginia Association of School Administrators as the West Virginia Superintendent of the Year, 2002; therefore, be it
     Resolved by the Senate:
     That the Senate hereby congratulates Deborah S. Akers, Ed.D., on her selection as West Virginia Superintendent of the Year, 2002; and, be it
     Further Resolved, That the Senate commends Deborah S. Akers for her outstanding dedication and commitment to enhancing educational excellence and for her innovative leadership skills which have helped improve the Mercer County school system; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Deborah S. Akers, Ed.D., West Virginia Superintendent of the Year, 2002.
     At the request of Senator Caldwell, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
      On motion of Senator Snyder, the following resolution was offered from the floor:
     Senate Concurrent Resolution No. 43-- Amending Joint Rule No. 3 of the Joint Rules of the Senate and House of Delegates relating to conference committee membership requirements.
     Resolved by the Legislature of West Virginia:
     That Joint Rule No. 3 of the Joint Rules of the Senate and House of Delegates be amended to read as follows:
Disagreement and Conference
     3. (a) Whenever a measure of one house is amended in the other and the house in which it originated shall refuse to concur in the amendment, the house amending the measure may either insist or recede therefrom. But when a measure originating in one house is amended in the other, the house in which it originated may amend such amendment and a motion therefor shall take precedence of a motion to concur. If said house refuses to concur, the other house may either recede from or insist upon its amendment, and a motion to recede shall take precedence of a motion to insist. The motion to lay on the table or to postpone indefinitely shall not be in order in respect to the motion to recede from or to insist.
     A motion to recede having failed shall be equivalent to the adoption of a motion to insist and shall be so entered upon the Journal. A motion to insist being decided in the negative shall be equivalent to the adoption of a motion to recede and shall be so entered upon the Journal. If the motion to insist prevails, the house so insisting shall request a committee of conference on the subject of disagreement, and shall appoint a committee therefor, which shall consist of members who voted on the prevailing side of the measure. The other house may thereupon appoint such committee. Unless a different number is agreed upon, such conference committee shall consist of five members from each house.
     Such committee shall consider and report upon only the subject matter of the amendment or amendments which were in disagreement, with necessary consequential changes. The committee shall meet at a convenient time, to be agreed upon by their Chairmen, and upon notifying all conferees of the time and place of any such meeting, and having conferred freely, shall report to their respective houses the result of the conference. In case of agreement, the report shall be first made, with the papers referred accompanying it, to the house which refused to concur, and there acted upon; and such action, with the papers referred, shall be immediately reported by the Clerk to the other house. In case of disagreement, the papers shall remain with the house in which the measure originated. If an agreement is reached, the report shall be made and signed in duplicate by at least a majority of the conferees from each house, one of the duplicates being retained by the conferees of each house.
     (b) With respect to any conference agreed to within the first fifty-one days of a regular session, the conference committee shall report to each house within seven days of agreement to conference or be discharged, except that upon a concurrent resolution duly adopted by a majority of those present and voting in each house, the President of the Senate and Speaker of the House of Delegates may extend the conference not to exceed an additional three days. In no event shall a conference committee report to each house later than 6:00 P.M. on the sixtieth day.
     With respect to any conference agreed to after the fifty-first day of a regular session, or any time during any extraordinary session, the conference committee shall report to each house within three days after agreement to conference or be discharged, except that such conference may be extended by concurrent resolution duly adopted by a majority of those present and voting in each house, for a period not to exceed one additional day. In no event shall a conference committee report to each house later than 6:00 P.M. on the sixtieth day.
     Any conference committee which fails to report within the time limits established by this rule shall be deemed to be discharged, and the papers referred shall remain with the house in which the measure originated.
     Any conference report shall, upon recognition by the presiding officer, be communicated to each house by its Clerk and made available to members of each house. Each house shall designate a location or office where copies of such report shall be made available. The Clerk shall communicate availability of conference reports by an announcement to the members of said house during the session. Such announcement can be made at any time upon recognition by the presiding officer, and the Clerk shall duly note the time of said announcement. Except as provided herein, the conference report shall lie over one day and shall not be considered in either house until at least the next day following, but thereafter it shall be proper to take up consideration of the conference report at any time otherwise permitted by the rules of such house whether or not such house met on the preceding day: Provided, That after the fifty-ninth day of any regular session or on any day of any extraordinary session a conference committee report may be considered the same day if availability of written copies of such report is communicated to that house while in session at least two hours prior to any consideration: Provided, however, That the conference report may be taken up for immediate consideration at any time by two-thirds vote of the members of that house present.
     Nothing herein shall affect the right of the presiding officer of either house to appoint or discharge any conference committee as heretofore provided, such right to appoint and discharge such committee being subject to the rules of each respective house.
     The provisions of subsection (b) above shall not apply to the budget bill.
     Senator Snyder moved that the resolution (S. C. R. No. 43) be taken up for immediate consideration.
     Following discussion,
     Senator Snyder arose to a point of order that the debate had now digressed to a discussion of the merits of Engrossed Committee Substitute for House Bill No. 2121, and not to the motion in question.
     Which point of order, the President ruled well taken.
     Senator Chafin moved the previous question, which motion prevailed.
     The previous question having been ordered, that being on the adoption of Senator Snyder's aforestated motion, the same was put and did not prevail.
     Whereupon, Senate Concurrent Resolution No. 43, under the rules, lies over one day.
Petitions
     Senator Oliverio presented a petition from Rachel L. Hawkins and numerous West Virginia residents, requesting prayer in schools.
     Referred to the Committee on Education.
     Senator Oliverio presented a petition from Kathy Frank and numerous Monongalia County residents, requesting the Legislature to restore public transit funds and determine a dedicated funding source to support public transit.
     Referred to the Committee on Finance.
     Without objection, the Senate returned to the third order of business.
     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. 61--Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 2122, relating to medical professional liability generally.
     Resolved by the Legislature of West Virginia:
     That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the Committee of Conference is hereby extended for a period of three days for the express purpose of consideration of matters of disagreement between the two houses as to Com. Sub. for H. B. 2122.
     At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 36, Requesting Joint Committee on Government and Finance study two-rate tax pilot project.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 37, Requesting Joint Committee on Government and Finance study single hunting, fishing and trapping license.
     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. 38, Requesting Joint Committee on Government and Finance study annexation laws.
     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.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 136, Exempting mandatory immunizations for religious beliefs.
     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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 136) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 151, Relating to reorganizing executive branch of government.
     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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 151) 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. 173, Exempting regulation size United States flag and West Virginia flag 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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 173) passed.
     On motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Senate Bill No. 173--A Bill to amend and reenact section nine, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to sales tax exemption for the United States and the West Virginia flags.
     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. 287, Authorizing various agencies within department of tax and revenue to promulgate legislative rules.
     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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 287) 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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 287) 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. 341, Creating Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
     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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 341) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and requested concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 362, Establishing Public-Private Transportation Act of 2003.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Plymale, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Com. Sub. for Senate Bill No. 450, Creating automated tax administration system.
     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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 450) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 453, Establishing domestic violence fatality review team.
     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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 453) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 456, Relating to construction financing for surface transportation improvements; federal grants.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Plymale, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     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. Com. Sub. for Senate Bill No. 494, Regulating fees between cemeteries, certain companies and veterans for setting grave markers.
     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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 494) 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. 527, Relating to property owner's liability for costs associated with waste tires.
     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, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: Hunter and Snyder--2.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No 527) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 558, Establishing County and Municipal Economic Opportunity Development District Acts.
     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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 558) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 615, Permitting independent voters to vote for candidate of any political party in primary election; notification.
     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, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Love, McCabe, McKenzie, Minear, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--27.
     The nays were: Chafin, Jenkins, Kessler, Minard, Oliverio, Plymale and Prezioso--7.
     Absent: None.
     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. 615) passed.
     On motion of Senator Unger, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 615-- A Bill to amend and reenact section thirty-one, article two, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting unaffiliated voters to vote for the election of a candidate of any political party in a primary election; and marking the voter registration record.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 616, Allowing municipalities to enact occupation privilege fee.
     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, Bowman, Caldwell, Dempsey, Edgell, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger and Tomblin (Mr. President)--22.
     The nays were: Boley, Chafin, Deem, Facemyer, Fanning, Guills, Harrison, Minear, Smith, Sprouse, Weeks and White--12.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 616) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 632, Relating to state agencies making timely payments for telephone 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, Guills, 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)--34.
     The nays were: None.
     Absent: None.
     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. 632) passed.
     The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 632--A Bill to amend article seven, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-a, relating to state agencies making timely payments on invoices for telephone services; requiring that late checks include interest; specifying when an invoice is determined to be received; and specifying which agency is responsible for the payment of interest.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 634, Defining crow as gamebird.
     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: 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, White and Tomblin (Mr. President)--31.
     The nays were: Bailey, Guills and Weeks--3.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 634) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: 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, White and Tomblin (Mr. President)--31.
     The nays were: Bailey, Guills and Weeks--3.
     Absent: None.
     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. 634) 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. 648, Relating to election laws generally.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent was granted to offer amendments to the bill on third reading.
     Thereupon, on motion of Senator Chafin, the following amendments to the bill were reported by the Clerk and considered simultaneously:
     On page two hundred forty-one, section twelve, line fifty- seven, by striking out the word "one" and inserting in lieu thereof the word "four";
     On page two hundred forty-one, section twelve, line sixty, by striking out the word "one" and inserting in lieu thereof the word "four";
     And,
     On page two hundred forty-two, section twelve, line seventy- seven, by striking out the word "one" and inserting in lieu thereof the word "four".
     The question being on the adoption of Senator Chafin's amendments to the bill, the same was put.
     The result of the voice vote being inconclusive, Senator Oliverio demanded a division of the vote.
     A standing vote being taken, there were fourteen "yeas" and eighteen "nays".
     Whereupon, Senator Tomblin (Mr. President) declared Senator Chafin's amendments to the bill rejected.
     Engrossed Senate Bill No. 648 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, 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: Boley--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 648) 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. 650, Defining waters of state.
     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, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, 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: Boley--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 650) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.