Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the fourth order of business.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 658 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the department of health and human resources - division of human services - James "Tiger" Morton catastrophic illness fund, fund 5454, fiscal year 2003, organization 0511, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     Senate Bill No. 659 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the West Virginia state board of examiners for licensed practical nurses, fund 8517, fiscal year 2003, organization 0906, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     And,
     Senate Bill No. 660 (originating in the Committee on Finance)- -A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the state road fund to the department of transportation, division of highways, fund 9017, fiscal year 2003, organization 0803, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand three.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bills (S. B. Nos. 658, 659 and 660) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Concurrent Resolution No. 50 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance study providing for certain requirements for hospital overtime policies.
     Whereas, It is essential that health care workers providing direct patient care be available to meet the needs of patients; and
     Whereas, Quality patient care may be jeopardized by health care workers who may work long hours in hospitals; and
     Whereas, Health care workers, especially nurses, may be leaving their profession because of work-place stress, long work hours and deprecation of their essential role in the delivery of quality, direct patient care; and
     Whereas, It is necessary to safeguard the efficiency, health and general well-being of health care workers in hospitals, as well as the health and general well-being of the persons who utilize their services; and
     Whereas, It is further necessary that health care workers be aware of their rights and duties with regard to hospital overtime policies; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study providing for certain requirements for hospital overtime policies; and, be it
     Further Resolved, That the Joint Committee on Government and Finance consult with health care workers, including, but not limited to, registered professional nurses, licenced practical nurses and certified nurse assistants; representatives of health care facilities, including private and public hospitals; representatives from the Department of Health and Human Resources; and the Commissioner of Labor; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Eng. Com. Sub. for House Bill No. 2094, Regulating the release of fish, water animals and other aquatic organisms into the waters of this state.
     And reports the same back with the recommendation it do pass.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     At the request of Senator Fanning, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2094) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Eng. House Bill No. 2118, Adjusting the retirement benefits for all members of the West Virginia state police retirement system.
     And,
     Eng. House Bill No. 2984, Increasing the amount of service credit a teacher off work due to a compensable injury may purchase.
     And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     The bills, under the original double committee references, were then referred to the Committee on Finance.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Eng. Com. Sub. for House Bill No. 2240, Allowing persons purchasing or renewing hunting or fishing licenses to donate to the "hunters helping the hungry program".
     And,
     Eng. House Bill No. 2669, Hazardous waste management.
     And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     At the request of Senator Fanning, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2240 and Eng. H. B. No. 2669) contained in the preceding report from the Committee on Natural Resources were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were 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
     Eng. House Bill No. 2282, Relating to payment to magistrates who serve temporarily outside their elected counties.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2282) 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, with amendments from the Committee on the Judiciary pending.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2301, Providing funding for necessary care of animals seized pursuant to allegations of neglect.
     And,
     Eng. House Bill No. 2731, Providing dedication of a portion of pari-mutuel proceeds be utilized to fund employee retirement plans at certain racing facilities.
     And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of Engrossed Committee Substitute for House Bill No. 2301 contained in the foregoing report from the Committee on the Judiciary.
     At the request of Senator Kessler, and by unanimous consent, Engrossed Committee Substitute for House Bill No. 2301 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.
     At the request of Senator Kessler, unanimous consent being granted, Engrossed House Bill No. 2731 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
     Eng. Com. Sub. for House Bill No. 2477, Permitting residents of nursing homes and similar facilities to retain the homestead exemption and Class II property designation.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2477) 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, with an amendment from the Committee on the Judiciary pending.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2500, Clarifying the authority of the courts to continue protective orders during certain proceedings.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2500) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. Com. Sub. for House Bill No. 2511, Authorizing the issuance of a special motor vehicle license plate for "Nemesis Shrine" members.
     With amendments from the Committee on Transportation pending;
     And has also amended same.
     And reports the same back with the recommendation that it do pass 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 (Eng. Com. Sub. for H. B. No. 2511) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2512, Relating to competitive bidding and notice requirements for the development of natural resources in which the public land corporation has an interest.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2512) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. Com. Sub. for House Bill No. 2868, Allowing alcohol beverage control commissioner to enter into contracts for sale and promotion of certain proprietary scanner technology.
     And has amended same.
     And,
     Eng. House Bill No. 2891, Repealing the requirement that the tax commissioner annually report the amount of gasoline and special fuel tax collected in each county.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2868 and Eng. H. B. No. 2891) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2965, Authorizing the division of corrections and the state fire marshal to retire, transfer or dispose of canines used within these departments.
     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 (Eng. Com. Sub. for H. B. No. 2965) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. Com. Sub. for House Bill No. 3014, Relating generally to "Main Street Fairness Act of 2003".
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3014) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. House Bill No. 3019, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
     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 (Eng. H. B. No. 3019) 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.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, March 4, 2003, at 11 a.m.
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