WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FIFTY-FIFTH DAY
____________
Charleston, W. Va., Monday, March 3, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend C. Harold Smith, D. D.,
Associate Minister, First Church of the Nazarene, Charleston, West
Virginia.
DeeDee Dillon, Logan Middle School, Logan, West Virginia, then
proceeded in the singing of "The Star-Spangled Banner".
Pending the reading of the Journal of Friday, February 28,
2003,
On motion of Senator Bowman, 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 amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 112, Allowing farm wineries to
manufacture, serve and sell certain wine.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the provisions of Engrossed
Committee Substitute for House Bill No. 2358;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 112--A Bill to amend and reenact section
three, article sixteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact section five-a, article one, chapter sixty of
said code; to amend and reenact section two, article six of said
chapter; and to amend and reenact section two, article eight of
said chapter, all relating generally to beverages containing
alcohol; defining fortified beer; allowing farm wineries to produce
wine from other agricultural products containing sugar; allowing
farm wineries to manufacture, serve and sell dessert, port, sherry and madeira wines; and excluding dessert wine produced by farm
wineries from the definition of fortified wine.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 112) and
requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 447, Allowing reciprocal agreements with
Ohio regarding hunting and fishing.
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. 2092--A Bill to amend
chapter sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article,
designated article thirteen, relating to the creation of a
sentencing commission; providing for the appointment, terms and
qualifications of members; establishing objectives for the
commission; setting forth certain powers and duties of the
commission; and providing for a termination date of the commission
under the West Virginia sunset provisions.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2094--A Bill to amend
article two, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section sixty-four, relating to regulating
the release of fish, water animals and other aquatic organism into
the waters of this state.
Referred to the Committee on Natural Resources.
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. 2110--A Bill to amend chapter fifty-five
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new article, designated article
eighteen, relating to the Legislature declaring that lawful design,
marketing, manufacture or sale of firearms or ammunition to the
public is not an unreasonably dangerous activity; and providing
that the right to institute suit against firearms manufacturers,
dealers or sellers is the strict prerogative of the state.
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. 2197--A Bill to amend and
reenact section five, article five, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to limiting authority of board members to act outside the
scope of statutory authority.
Referred to the Committee on Education; 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. 2237--A Bill to amend and
reenact section two, article one, chapter fifty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to adding one magistrate each to those serving in
Monongalia and Wood counties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2285--A Bill to amend and reenact sections
thirty-six and thirty-seven, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to requiring licensees of hunting and fishing
licenses to carry and exhibit for inspection proof of identity and
all documents applicable to the nature and location of the
licensees' regulated activities.
Referred to the Committee on Natural Resources.
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. 2363--A Bill to amend and reenact section
five, article twelve, chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to amend and
reenact section eleven, article two, chapter eleven-a of said code,
all relating to payment of personal property taxes as a condition
precedent to receiving or maintaining a business registration
certificate; allowing the tax commissioner to suspend a business
registration certificate for failure to pay delinquent personal
property taxes; requiring the tax commissioner to suspend or refuse
to issue a business registration certificate upon notice from the
sheriff that the registrant has not paid delinquent personal
property taxes; and requiring the tax commissioner to propose
legislative rules.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2386--A Bill to amend
article one, chapter fifty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section nine-b, relating to authorizing the
supreme court of appeals to create a panel of senior magistrate
court clerks; granting authority to senior magistrate court clerks
to fill certain vacancies; authorizing the supreme court of appeals
to promulgate rules for senior magistrate court clerks; providing
for reasonable compensation to senior clerks; and providing for
reimbursement of certain expenses incurred by senior clerks.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2406--A Bill to amend
article seven, chapter fifty-five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section sixteen, relating to immunity from
civil liability for members of a national ski patrol system under
certain circumstances; and defining terms.
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. 2436--A Bill to amend
chapter seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article,
designated article five-c, relating to conforming the motor vehicle
law of this state to the requirements of Section 1405(a) of the
federal Transportation Equity Act for the Twenty-first Century (23
U. S. C. 154), as amended, which requires states to enact and
enforce a law that prohibits the consumption of an alcoholic
beverage or the possession of an open alcoholic beverage container
in the passenger area of a motor vehicle that is located on a
public highway or the right-of-way adjacent to a public highway.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2438--A Bill to amend and
reenact section thirty-six, article seven-a, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, relating to the state teachers retirement system;
providing for a joint study of merging the teachers defined contribution retirement system with the state teachers retirement
system; requiring report and proposed legislation; and specifying
due date.
Referred to the Committee on Pensions; 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. 2456--A Bill to amend
article seven, chapter fifty-five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section twenty-one, relating to defense of
self, others and property; and providing limited immunity from
civil liability.
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. 2480--A Bill to amend and
reenact section four, article two, chapter thirty-one-a of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the regulatory authority of the commissioner of banking
over residential mortgage brokers and lenders; and commissioner's
authority to assess civil administrative penalties and to expend funds to foster consumer understanding of mortgage laws.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
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. 2521--A Bill to amend
article fourteen, chapter eighteen-b of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto
a new section, designated section eleven, relating to establishing
the school psychologist internship program; legislative findings
and intent; program provisions and requirements; collaboration;
policy; funding limitations; and service agreement.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2523--A Bill to amend and
reenact section eighteen, article twenty-two, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended; and to amend article fifteen, chapter thirty-one of
said code by adding thereto a new section, designated section six-
c, all relating to the creation of a capitol renovation and improvement debt service fund; providing for the construction and
financing of renovations to and improvement of the existing capitol
complex and its appurtenant facilities; authorizing the issuance of
bonds by the West Virginia economic development authority to
finance the construction of capital improvements and renovations to
the existing capitol complex and its appurtenant facilities; and
requiring department of administration to certify a list of
projects to the joint committee on government and finance prior to
expenditure from fund.
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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2592--A Bill to amend and
reenact section one, article one, chapter sixty-four of the code of
West Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact article two of said chapter, all 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 legislative rules with
amendments; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the legislative rule-making review committee and
as amended by the Legislature; authorizing the department of
administration to promulgate a legislative rule relating to the
general administration of records management and preservation;
authorizing the department of administration to promulgate a
legislative rule relating to records retention and disposal
scheduling; authorizing the department of administration to
promulgate a legislative rule relating to the management of records
maintained by the records center; authorizing the department of
administration to promulgate a legislative rule relating to
technology access for the visually impaired; authorizing the
department of administration to promulgate a legislative rule
relating to parking; authorizing the department of administration
to promulgate a legislative rule relating to qualifications for
participation; authorizing the auditor to promulgate a legislative
rule relating to the standards for requisitions for payment issued by state officers on the auditor; authorizing the auditor to
promulgate a legislative rule relating to the transaction fee and
rate structure; authorizing the consolidated public retirement
board to promulgate a legislative rule relating to the public
employees retirement system; authorizing the consolidated public
retirement board to promulgate a legislative rule relating to
benefit determination and appeal; authorizing the consolidated
public retirement board to promulgate a legislative rule relating
to the teachers defined benefit plan; authorizing the consolidated
public retirement board to promulgate a legislative rule relating
to the West Virginia state police disability determination and
appeal process; authorizing the ethics commission to promulgate a
legislative rule relating to lobbying; and authorizing the division
of personnel to promulgate a legislative rule relating to the
division.
Referred to the Committee on the Judiciary.
At the request of Senator Ross, and by unanimous consent, the
Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2599--A Bill to amend and reenact article four, 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; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or
administrative agencies of the state; 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; and authorizing the division of culture
and history to promulgate a legislative rule relating to the
cultural facilities and capital resources grant program.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2615--A Bill to amend and reenact article six, 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; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the
agencies to promulgate certain legislative rules in the form that
the rules were filed in the state register; authorizing certain of
the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the legislative rule-
making review committee; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as
amended by the Legislature; authorizing the fire commission to
promulgate a legislative rule relating to the state building code;
disapproving the fire commission to promulgate a legislative rule
relating to fire department rescue services; authorizing the
juvenile facilities standards commission to promulgate a
legislative rule relating to minimum standards for the structure,
operation and maintenance of juvenile detention and correctional
facilities; and authorizing the state police to promulgate a legislative rule relating to the state police career progression
system.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2625--A Bill to amend and
reenact article five, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating generally to the promulgation of administrative rules by
the various executive or administrative agencies and the procedures
relating thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of
the agencies to promulgate certain legislative rules in the form
that the rules were filed in the state register; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
legislative rule-making review committee; authorizing certain of
the agencies to promulgate certain legislative rules as amended by
the Legislature; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the legislative rule-making review committee and
as amended by the Legislature; authorizing the health care authority to promulgate a legislative rule relating to benchmarking
and discount contracts; authorizing the department of health and
human resources to promulgate a legislative rule relating to the
nurse aid abuse registry; authorizing the division of health to
promulgate a legislative rule relating to sewage treatment and
collection system design standards; authorizing the division of
health to promulgate a legislative rule relating to the medical
examiner rule for post-mortem inquiries; authorizing the division
of health to promulgate a legislative rule relating to surrogates
for incapacitated persons in health care facilities operated by the
department of health and human resources; authorizing the division
of health to promulgate a legislative rule relating to the uniform
credentialing of health care practitioners; authorizing the
division of human services to promulgate a legislative rule
relating to day care center's licensing; authorizing the division
of human services to promulgate a legislative rule relating to the
tel-assistance program; and authorizing the division of human
services to promulgate a legislative rule relating to family day
care home registration requirements.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2648--A Bill to amend and reenact article eight, 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; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the
agencies to promulgate certain legislative rules in the form that
the rules were filed in the state register; authorizing certain of
the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the legislative rule-
making review committee; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as
amended by the Legislature; authorizing the division of highways to
promulgate a legislative rule relating to traffic and safety;
authorizing the division of highways to promulgate a legislative
rule relating to the transportation of hazardous wastes upon the
roads and highways; authorizing the division of motor vehicles to
promulgate a legislative rule relating to the examination and
issuance of driver's licenses; authorizing the division of motor
vehicles to promulgate a legislative rule relating to the motor vehicle test and lock program; authorizing the division of motor
vehicles to promulgate a legislative rule relating to the motor
vehicle inspection manual; authorizing the division of motor
vehicles to promulgate a legislative rule relating to the denial,
suspension, revocation or nonrenewal of driving privileges; and
authorizing the division of motor vehicles to promulgate a
legislative rule relating to motor vehicle dealers,
wrecker/dismantler/rebuilders and license services, automobile
auctions, vehicle leasing companies, daily passenger rental car
businesses and administrative due process.
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. 2675--A Bill to amend
article fifteen, chapter thirty-three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto
a new section, designated section four-h; to amend article sixteen
of said chapter by adding thereto a new section, designated section
three-q; to amend and reenact section four, article twenty-four of
said chapter; to amend and reenact section six, article twenty-five
of said chapter; to amend and reenact section twenty-four, article
twenty-five-a of said chapter; and to further amend said chapter by
adding thereto a new article, designated article twenty-five-f, all relating to mandating insurance coverage for certain clinical
trials for ordinary costs of covered services, including
definitions and applicable coverage.
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. House Bill No. 2684--A Bill to amend and reenact section
one, article six, chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to speed
limits on the roads and highways; and authorizing the commissioner
of the department of highways to establish speed limits lower than
twenty-five miles per hour.
Referred to the Committee on Transportation.
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. 2700--A Bill to amend and reenact section
one, article three-c, chapter thirty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to peer
review organization protection; and adding to the definition of
"review organization" a health maintenance organization review
committee.
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. 2714--A Bill to amend and
reenact section eight-c, article fifteen, chapter eight of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the donation of fire-fighting and fire rescue
equipment; and insurance policies dealing with immunity coverage
provisions.
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. 2753--A Bill to amend and
reenact section nineteen-a, article eight, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to further amend said article by adding thereto a new
section, designated section nineteen-b, all relating to animal
fighting; making it a felony to be involved in specifically defined
animal fighting ventures; providing a penalty for violations;
making it a misdemeanor to attend an animal fight; and providing a
penalty therefor.
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. 2760--A Bill to amend
article seven, chapter twenty-four-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto
a new section, designated section seven, relating to authorizing
employees of the public service commission designated as motor
carrier inspectors to enforce the provisions of chapter seventeen-c
of the code; requiring training; and authorizing those inspectors
to use radar to measure and indicate or record the speed of motor
vehicles for use as prima facie evidence.
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. 2764--A Bill to amend and reenact section
four, article two, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the subpoena power of the office of the insurance
commissioner.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2768--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-mm, relating to enacting a
standardized false alarm ordinance; establishing a system of
administration and enforcement; assess fees and penalties; issue
orders; and the appointment of an administrator and an advisory
board.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2800--A Bill to amend and
reenact sections six and seven, article seven, chapter fifty-five
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to trial by court or jury and compromise
and settlement of claims for death by wrongful act; listing
potential beneficiaries if suit is tried before the court or jury;
right of personal representative to settle wrongful death claims;
filing of verified petition or motion giving notice of settlement; contents of petition or motion; service; resolution of agreed-upon
distributions without hearing; approval of settlement and release
of liability subject to judicial determination of appropriate
distribution of settlement proceeds; hearing; and distribution.
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. 2805--A Bill to amend and reenact section
four, article five, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to allowing law-enforcement officers of those
municipalities situate in more than one county to conduct the
secondary test for the purpose of determining the alcoholic content
in a driver's blood, breath or urine in any county in which the
municipality lies.
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. 2828--A Bill to amend and
reenact section seven, article one-c, chapter eleven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact section twenty-six, article three, chapter eleven-a of said code; to amend and reenact sections one and two,
article three, chapter fifty of said code; to amend and reenact
sections ten, eleven and twenty-eight-a, article one, chapter
fifty-nine of said code; to amend and reenact section seventeen,
article two of said chapter; and to amend and reenact section four,
article seven, chapter sixty-one of said code, all relating to
increasing certain county clerk, circuit clerk, assessor, sheriff,
prosecuting attorney and magistrate court fees; and dedicating
portions of those fee increases to the courthouse facilities
improvement fund, to a special revenue account administered by the
executive director of public defender services to provide funding
for private attorneys appointed to provide representation pursuant
to the provisions of article twenty-one, chapter twenty-nine of
this code and to the special revenue account to provide funding for
legal services to domestic violence victims.
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. 2863--A Bill to amend and
reenact sections eighteen and forty-four, article five, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact sections two and
fifteen, article nine-a of said chapter, all relating to preserving funding for student enrollment ages five and above and the growth
thereof; removing authority to establish kindergarten programs for
children below age five; establishing goal for early childhood
programs and removing mandate; stipulating that early childhood
education is not part of system of free schools; removing
compulsory school attendance requirement for early childhood
programs; removing certain funds from list of those counties
encouraged to use for implementation; providing for needs
assessment and preliminary plan and delaying date for plan
submission; requiring integration of public and private programs;
providing for other public and private program certification by
county boards with appeal to state superintendent; authorizing
county boards to assist and contract with other public and private
programs; requiring legislative approval for additional enrollment
in early childhood programs; providing for separate appropriation
for early childhood programs, limiting use of funds and providing
for allocation; providing standards for personnel and removing
requirement that early childhood teachers be certified; excepting
affect of section on preschool handicapped; creating advisory
council and specifying members, terms and duties; excluding certain
children below age five from net enrollment; providing for certain
projected enrollments to be included in net enrollment; defining
growth county; restricting allowance for increased enrollment in
growth counties; and excluding children below age five from allowance for increased enrollment.
Referred to the Committee on Education.
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. 2875--A Bill to amend and
reenact section thirteen, article sixteen, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to public employees insurance generally; eliminating a
certain gap in employment for certain alcoholic beverage control
commission employees subject to a reduction in force and who are
reemployed; and specifying applicable periods of time.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2880--A Bill to amend and
reenact section twenty, article seventeen, chapter twenty-two of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, relating to the underground storage tank program;
increasing maximum amount authorized for underground storage tank
annual registration fees; requiring the increase be implemented by
emergency rule; increasing cap amount for the fund; and altering requirements for disposal of excess funds.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2003, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2895--A Bill to amend and
reenact section three, article five-r, chapter sixteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
and to further amend said article by adding thereto a new section,
designated section six, all relating to requiring training in the
subject of dementia; defining direct patient care; requiring
nursing homes and other facilities to require training of nurses
and nurses' aides; and providing that training requirements may be
part of training or education otherwise required by law.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2003, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2921--A Bill to amend article fifteen,
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section nine-h, relating to providing an exemption for
sales and services provided by licensed mortgage brokers from the consumer sales and service tax.
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. 2948--A Bill to amend and
reenact section one hundred fifteen, article two, chapter
forty-six-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to expenses of realizing on
security interests; allowing recovery of certain expenses when a
consumer requests discontinuation of efforts to realize on security
interests; and providing notification to consumer of certain
charges within a twelve-month period.
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. 2961--A Bill to amend and reenact section
seven, article twelve, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to school buses generally; and limiting idling of school
buses in excess of five minutes except for certain purposes.
Referred to the Committee on Education.
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. 2972--A Bill to amend
section twenty, article twenty-two, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to municipal policemen's and firemen's pension and relief
funds; funding options; providing that a municipality may elect
normal cost funding following election to fund at one hundred seven
percent of prior years funding; and conditions upon the election.
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. 2991--A Bill to amend and reenact section
one, article two, chapter forty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to the
fee charged by fiduciary commissioners in settling an estate.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3006--A Bill to amend and reenact section six, article fourteen, chapter forty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to allowing the use of photostatic copies of uncertified
documents to establish the full performance of a preneed burial
contract.
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. 3016--A Bill to amend and
reenact section eight, article six, chapter nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the confidentiality of adult protective service
records; and changing the current requirement that the adult
protective service agency destroy the records in two years to
thirty years.
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. 3018--A Bill to amend and reenact section
five, article six-a, chapter forty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to changing the amount of time that department of health and human resources must retain child protective services' records
from six years to thirty years.
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. 3027--A Bill to amend article ten, chapter
eleven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section five-v, relating to authorizing the tax commissioner to
waive tax, interest and penalties in specified circumstances which
are otherwise imposed on uncompensated members of the governing
board or board of directors of certain tax-exempt organizations
that result from liabilities of the tax-exempt organization being
attributed to those members; and specifying manner and forum for
appeals.
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 from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3032--A Bill to amend and reenact sections
one and two, article ten-d, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to clarifying the fiduciary obligations and duties of consolidated public retirement board members to the retirement
funds and the members of the retirement systems; and providing for
per diem pay of board members.
Referred to the Committee on Pensions; and then 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. 3035--A Bill to amend
article seven, chapter eighteen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section nine, relating to establishing a
method of calculating the West Virginia providing real
opportunities for maximizing in-state student scholarship program
awards for students at various levels of expected family
contribution.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3037--A Bill to amend article fifteen,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen-a, relating to paid municipal fire
departments; providing that a paid municipal fire department with
an apprentice program for firefighters must terminate an apprentice
after three unsuccessful attempts to pass the final apprenticeship
examination; and setting forth effective date.
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. 3051--A Bill to amend and
reenact sections seven and ten, article two, chapter six-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to altering the certain reportable threshold
dollar amounts on certain elected and appointed public official
financial disclosure statements.
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. 3052--A Bill to amend and reenact section
seventeen, article one; section one, article two; sections two,
eight, ten, eleven, twelve and thirteen, article two-a; section
fourteen, article three; sections one and eleven, article four;
section twelve, article six; and sections eight and nine, article eight, all of chapter fifty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
including family courts into certain jurisdictional references of
the clerk of the circuit court and including "Clerk of the Circuit
and Family Court" as the official title of the formerly titled
"Clerk of the Circuit Court".
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. 3056--A Bill to amend
article two, chapter twenty-four-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto
a new section, designated section six, relating to motor carriers
for hire and providing for the regulation of intrastate driving
hours and duty hours of for-hire carriers which transport
passengers.
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. 3062--A Bill to amend and reenact section
one, article four, chapter thirty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating to partition of real estate; and authorizing partition of
real estate owned by certain close corporations.
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. 3068--A Bill to amend and
reenact section twenty-five, article thirteen-a, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, relating to contracts for the provision of engineering,
design or feasibility studies by public service districts.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3070--A Bill to amend and
reenact section twenty-one, article five, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to elections generally; and providing that a mass
convention of a political party, to elect delegates to the state
convention, be held in the county instead of the various
magisterial districts.
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. 3075--A Bill to amend
article thirty, chapter sixteen 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 the West
Virginia health care decisions act; authorizing patients or
residents of certain health care facilities or homes to designate
nonrelative to receive the same visitation privileges as immediate
family members; authorizing the secretary of the department of
health and human resources to develop a form to be used for such
designations; and defining terms.
Referred to the Committee on Health and Human Resources.
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. 3077--A Bill to amend and reenact section
eleven, article ten, chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to the
West Virginia tax procedure and administration act; and authorizing
tax commissioner to enter into agreements with internal revenue
service for offsetting tax refunds against tax liabilities.
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. 3081--A Bill to amend and reenact section
seventeen, article five, chapter forty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing certain juvenile justice records to public
school officials; specifying minimum types of information to be
provided; and providing special disposition for psychological
reports and results.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3083--A Bill to amend and reenact section
eleven, article one, chapter fifty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to the
location of magistrate courts generally; and providing that
magistrate court may be temporarily held in various locations
throughout the county.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3084--A Bill to repeal sections one
hundred ten and one hundred eleven, article seventeen, chapter
forty-eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact sections one hundred
one, one hundred two, one hundred seven and one hundred nine,
article seventeen of said chapter; and to amend and reenact section
one hundred five, article eighteen of said chapter, all relating to
child support enforcement; providing for the membership, duties and
powers of the support enforcement commission; and providing for the
general duties and powers of the bureau for child support
enforcement.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3088--A Bill to amend and reenact section
thirty-three, article three, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the collection and remittance of certain policy
surcharges by 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. House Bill No. 3089--A Bill to amend and reenact sections
eighteen and twenty-two, article forty, chapter thirty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to modifying the requirement that financial
institutions which maintain a trust fund deposit account for real
estate brokers notify the real estate commission if any checks
drawn against the account are returned for any cause; providing
that a financial institution is required to notify the real estate
commission if any checks drawn against the trust fund account are
returned for insufficient funds; removing criminal and civil
penalties applicable to a financial institution if a trust fund
account for a real estate broker fails to notify the real estate
commission if any check drawn against the account is returned for
insufficient funds; and providing retroactive application.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3092--A Bill to amend and reenact section five, article five-e, chapter twenty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to further amend said article by adding thereto a new
section, designated section seven, all relating to continuation of
the equal pay commission; providing for a study by the equal pay
commission; requiring report; and specifying due date.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3093--A Bill to amend and reenact section
five, article one of chapter three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
requiring county commissions to follow geographic physical features
recognized by the U. S. census bureau when determining precinct
boundaries.
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. 3095--A Bill to amend article ten, chapter
eleven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated section five-v, relating to disclosure of certain tax information
by tax commissioner to state treasurer for purpose of disposing of
abandoned, unclaimed or uncashed tax refund checks; specifying that
information so disclosed shall be used by treasurer only for
purpose of administering and implementing return, recovery and
disposition of abandoned or unclaimed property; specifying that
treasurer shall treat information so obtained as records of
abandoned property; specifying to whom and how certain information
may be disclosed by treasurer; and specifying that tax information
disclosed to treasurer remains otherwise confidential in accordance
with state law.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3104--A Bill to amend article two-a,
chapter seventeen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section twenty-three, relating to the commissioner of
highways generally; providing for commercial work orders for
vehicle and equipment repair; establishing criteria for commercial
vehicle and equipment repair vendors; and requiring a cost-
effectiveness analysis for issuing commercial work orders.
Referred to the Committee on Transportation.
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. 3105--A Bill to amend and reenact section
two, article forty-five, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to compliance by insurers with minimum fair business
standards in the processing and payment of claims for health care
services generally; and eliminating the requirement to pay interest
on an untimely paid claim if the interest calculated is less than
one dollar.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3108--A Bill to amend and reenact section
three, article twelve-c, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact sections one hundred one, one hundred eight and
one hundred nine, article one, chapter thirty-one-b of said code;
to amend and reenact sections two hundred three, two hundred six
and two hundred eleven, article two of said chapter; to amend and reenact sections one thousand two and one thousand six, article ten
of said chapter; to amend and reenact section three hundred one,
article three, chapter thirty-one-e of said code; to amend and
reenact section four, article eight, chapter forty-seven of said
code; to amend and reenact sections one, thirteen, sixteen and
fifty, article nine of said chapter; to amend and reenact sections
two, three and four, article nine-a of said chapter; to amend and
reenact section one, article one, chapter forty-seven-b of said
code; and to amend and reenact sections one and four, article ten
of said chapter, all relating to making all business entity filing
requirements consistent with the corporation requirements under the
new corporation laws, including electronic filing, no requirement
to have an agent and office in West Virginia, and no requirement to
have a street address; requiring county and business class codes to
be on the annual tax returns filed with the tax department; and
clarifying the use of trade names by limited liability companies.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3109--A Bill to amend and
reenact section eleven, article seven-b, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the teachers' defined contribution retirement
system; providing for service credit for members while serving in
the Legislature; member contributions; employer contributions;
effective dates; and option of member.
Referred to the Committee on Pensions; 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. 3115--A Bill to amend and
reenact section nine, article two, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to required courses of school instruction generally;
instituting a "celebrate freedom week"; requiring an in-depth
instruction in the study of the declaration of independence and
other founding American historical documents, including the bill of
rights; and limiting audit review program.
Referred to the Committee on Education.
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. 3117--A Bill to amend and
reenact section one, article twenty-two, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section,
designated section two, all relating to bidding on government
construction contracts; inclusion of certain valid bid bonds;
designation of time and place of opening of certain bids; inability
to waive certain bid provisions and requirements; and inability to
resubmit certain bids on a project after bid withdrawal.
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. 3119--A Bill to amend article twenty-two,
chapter thirty-three of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new
section, designated section two-a; to amend article twenty-three of
said chapter by adding thereto a new section, designated section
two-a; to amend article twenty-four of said chapter by adding
thereto a new section, designated section four-a; to amend article
twenty-five of said chapter by adding thereto a new section,
designated section six-a; to amend article twenty-five-a of said
chapter by adding thereto a new section, designated section twenty-
four-a; and to amend and reenact article forty-one of said chapter,
all relating to insurance fraud; subjecting farmers' mutual
insurance companies, fraternal benefit societies, certain hospital,
medical, dental and health services corporations, health care corporations and health maintenance organizations to insurance
fraud provisions; defining terms; establishing an insurance fraud
unit within the division of insurance; authorizing the promulgation
of rules and requiring the filing of annual reports; establishing
powers and duties of the unit; outlining investigative powers and
procedures; providing confidentiality and immunity of the unit
operations; prohibiting insurance fraud; establishing criminal
penalties and fines; authorizing prosecution for fraudulent acts;
authorizing special prosecutors; specifying duties of insurers;
authorizing funding by an assessment of insurers; establishing the
West Virginia insurance fraud prevention act; defining legislative
intent and terms; creating misdemeanor and felony offenses for the
commission of fraudulent acts; and creating penalties, exceptions
and immunities.
Referred to the Committee on Banking and Insurance.
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. 3141--A Bill to amend and reenact section
eight, article eleven, chapter twenty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to requiring the contractor licensing board to provide
renewal notice to licensees.
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 passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3155--A Bill to amend and
reenact section ten, article five, chapter twenty-two of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to confidentiality of trade secrets; modifying review and
notification procedures associated with release of information
required for air quality permits; and allowing air quality board to
hear appeal of agency decisions.
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. 3190--A Bill to amend and reenact section
five, article two-b, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to the
titling of property for area vocational education programs.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2003, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3191--A Bill to repeal article one-d, chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the governor's office
of fiscal risk analysis and management.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3193--A Bill to amend and reenact section
four, article eight, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
reports on school attendance for purposes of accountability; and
excluding certain absences.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3194--A Bill to amend and reenact section
two hundred two, article two, chapter thirty-two of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact section three hundred five, article three of said
chapter; and to amend and reenact section four hundred six, article
four of said chapter, all relating to updating fee structure
provisions.
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. House Bill No. 3195--A Bill to amend and reenact sections
four, four-a, five, five-a and five-b, article ten, chapter four of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to changing agency termination dates pursuant
to the West Virginia sunset law.
Referred to the Committee on Government Organization.
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. 3196--A Bill to amend and reenact section
four, article two-e, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to amend and
reenact sections one, two and ten, article four of said chapter; to
amend and reenact sections one-a, four and fourteen, article five
of said chapter; to further amend said article by adding thereto a
new section, designated section one-d; and to amend and reenact
section two, article five-a of said chapter, all relating to
improving the administration and management of the public schools;
providing for information on school report cards and flexibility in method of delivery to parents; clarifying appointment of county
superintendent and changing latest date for appointment; clarifying
status as teacher following term; permitting residence in
contiguous county; replacing requirements for physical exam with
tuberculin skin test; requiring certain reporting to board by
superintendent on certain matters; removing service on certain
boards in certain circumstances from limitation on service on
county boards; providing for certain advisory opinions by ethics
commission and specifying effect of reliance upon them by board
members, members-elect and persons seeking office; specifying
additional training for board members and options for crediting
time; requiring certain studies by county boards and providing for
reports; authorizing boards to compensate members for service on
certain boards within certain limits; clarify authority to meet in
locations in county subject to proper notice; providing for
alternate requirements for annual meeting with members of local
school improvement councils and providing for structure and agenda
providing for report forms; providing for information requests,
additional meetings and consultations; allowing additional time for
county report to state board; providing for annual review of
certain county policies; limiting parent members of local school
improvement councils who may be employed at the school; providing
limit on time for filling council vacancies; providing for certain
information to be provided to council at organizational meeting; providing for annual council meetings with county and submission of
written information; and authorizing state board to solicit and
contract for orientation training for council members.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3197--A Bill to amend article five-e,
chapter forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section nine-e, relating to the use of federal funds for
youth in the custody of the division of juvenile services;
requiring state plans and memoranda of understanding; and exempting
the division of juvenile services from the review process required
when obtaining a certificate of need.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3199--A Bill to amend and reenact sections
one, two, three, four and five, article two-c, chapter twenty-four
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to reduced telephone service rates for qualified low-income residential consumers; updating terms;
expanding the scope of qualified persons; including additional
categories of tel-assistance services; providing for additional
rules and emergency rules; providing for agreements regarding
revenue deficiencies; and allocating revenue deficiencies among
eligible telecommunications carriers.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3200--A Bill to amend chapter five-g of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article two,
relating to authorizing agencies to enter into performance-based
contracts with qualified providers of energy-conservation measures
for the purpose of reducing energy operating costs of agency
buildings.
Referred to the Committee on Government Organization.
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. 3201--A Bill to amend and reenact section
one hundred one, article twenty-five, chapter forty-eight of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section two, article two-a,
chapter fifty-one of said code, all relating to allowing the family
court to exercise jurisdiction concurrently with the circuit court
over petitions for a change of name.
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. 3202--A Bill to amend and reenact sections
three and seven, article twenty-three, chapter eleven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to clarifying and specifying the treatment of the
activity of silviculture for purposes of the business franchise
tax.
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. 3203--A Bill to amend and reenact sections
two, twelve-a and sixteen, article ten, chapter twenty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended; to reenact section fourteen of said article; and to
further amend said article by adding thereto a new section,
designated section nineteen, all relating to amusement ride safety; defining terms; allowing certain children to operate kiddie rides;
limiting civil penalties; allowing owners and operators to refuse
admission to certain patrons; and providing criminal penalties.
Referred to the Committee on the Judiciary.
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. 47--Requesting the Joint
Committee on Government and Finance to study the powers, duties and
functions of the Governor's Cabinet on Children and Families.
Whereas, The Governor's Cabinet on Children and Families
coordinates programs and services that provide family-centered and
community-based solutions independent from any state agency; and
Whereas, Local family resource networks and the starting
points family resource centers that operate under the umbrella of
the Governor's Cabinet on Children and Families serve vital
community needs by coordinating services that focus on early
childhood development; and
Whereas, The independence of the Governor's Cabinet allows for
the impartial coordination of a variety of services to meet the
needs of the citizens of this state; and
Whereas, Funding patterns in other states indicate that
entities independent of state service-providing agencies are more
likely to receive private funding for coordination and integration purposes than are state agencies; and
Whereas, Due to budgetary constraints, it is necessary to
consider all reasonable and effective programs that serve and
coordinate services for families and children; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the functions of the Governor's Cabinet on
Children and Families and examine methods of administering and
funding the services and programs it coordinates and make
recommendations to the Legislature regarding the coordination and
funding of services that meet the needs of the children and
families in West Virginia; 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 Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2114, Limiting the public
education allowances provided as part of the total basic foundation
program for the 2003 fiscal year.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Education pending.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Eng. Com. Sub. House Bill No. 2190, Permitting certain farm
vehicles to use the highways between sunset and sunrise.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Transportation.
Respectfully submitted,
Larry J. Edgell,
Chair.
At the request of Senator Edgell, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2190) contained in
the preceding report from the Committee on Agriculture was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Transportation.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. House Bill No. 2441, Increasing the minimum subscribed
capital stock and capital surplus for new bank charter
applications.
And,
Eng. Com. Sub. for House Bill No. 2443, Relating to the
assessment of banking institutions.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. House Bill No. 2514, Authorizing the board of banking and
financial institutions to prohibit individuals removed from one
financial institution from participating in the affairs of other
financial institutions.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Eng. H. B. No. 2514) contained in the preceding
report from the Committee on Banking and Insurance was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 2556, Requiring the insurance commissioner to issue an annual communication to increase
awareness of certain flood insurance issues.
And,
Eng. Com. Sub. for House Bill No. 2702, Eliminating the
examination assessment fee on risk retention groups.
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,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2556 and 2702)
contained in the preceding report from the Committee on Banking and
Insurance 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 Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Eng. House Bill No. 2696, Removing certain limitations on the
commissioner of agriculture to increase fees of certain services.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Larry J. Edgell,
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 Agriculture.
At the request of Senator Edgell, unanimous consent being
granted, the bill (Eng. H. B. No. 2696) contained in the preceding
report from the Committee on Agriculture was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Eng. Com. Sub. for House Bill No. 2835, Creating a special
revenue fund for receipt of gifts, donations, etc., to support the
operation of veterans facilities created by statute.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill, 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. House Bill No. 2870, Specifying the jurisdiction of the
PSC over, and the application of public utility laws to, certain
described electric generating facilities.
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. H. B. No. 2870) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
House Concurrent Resolution No. 22, Naming I-64 from the
Virginia state line to the Kentucky state line the "Purple Heart Trail".
House Concurrent Resolution No. 28, Renaming the Barrackville
Bridge on Route 21, in Marion County, the "Oce Smith Bridge".
House Concurrent Resolution No. 29, Renaming the Mannington
Bridge in Marion County, on Route 11, the "Regillo Brothers
Bridge".
House Concurrent Resolution No. 31, Dedicating the Hough
Street Bridge in Mannington, Marion County, in memory of Sammie W.
Hunter.
And,
House Concurrent Resolution No. 32, Dedicating the Watson
Veterans Bridge over the West Fork River in Watson, Marion County,
to the "Senior Citizens of Watson".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Mike Ross,
Chair.
The Senate proceeded to the sixth order of business.
Petitions
Senator Deem presented a petition from Violet Richards and
numerous West Virginia 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.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 44, Requesting Division of
Highways name Harper Road Bridge at Beckley "Lewis N. McManus,
statesman and Speaker of the House of Delegates, Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation.
Senate Concurrent Resolution No. 45, Urging Congress to
provide additional funding from Abandoned Mine Reclamation Fund to
finance future water projects.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 46, Requesting Joint
Committee on Government and Finance study various rules and
policies of Office of Surface Mining Reclamation and Enforcement.
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. 47, Requesting construction
of access road to Beckley Veterans Administration Medical Center.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 48, Requesting governor and
certain agencies to facilitate construction of covered walkways and
handicapped access ramps at capitol.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 49, Requesting Joint
Committee on Government and Finance study requiring certain
insurance carriers to provide credit counseling.
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. 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 Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 78, Requiring
overtime policies for certain health care workers in hospitals.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on the Judiciary.
Senate Bill No. 441, Establishing Uniform Prudent Investor
Act.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Com. Sub. for Senate Bill No. 445, Creating legislative
oversight commission on health care professionals.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on the Judiciary.
Senate Bill No. 656, Requiring persons under certain age to
wear helmets while operating or riding all-terrain vehicles.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Snyder, the following amendment to the
bill was reported by the Clerk:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That article three, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section three-
ll, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3ll. Authority to regulate all-terrain vehicles.
In addition to all other powers now conferred by law upon
county commissions, the commissions are hereby authorized to
regulate all-terrain vehicles, as defined by section one, article
one, chapter seventeen-a of this code, which are used for
recreational purposes within its geographical area, including, but
not limited to, requiring helmets, operation upon roads or highways, age restrictions for operation or any other aspect of
operation of an all terrain vehicle. The county commissions may
not preclude the use or operation of all-terrain vehicles for
lawful nonrecreational commercial purposes, including, but not
limited to, farm use.
The question being on the adoption of Senator Snyder's
amendment to the bill, the same was put and did not prevail.
On motion of Senator Chafin, the bill (S. B. No. 656) was then
recommitted to the Committee on the Judiciary.
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. 79--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, until March 6, 2003, 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 twelfth order of business.
Remarks were made by Senators Rowe, Kessler, Boley, Snyder,
Caldwell, Sprouse and Love.
Thereafter, at the request of Senator Snyder, and by unanimous
consent, the remarks by Senator Kessler were ordered printed in the
Appendix to the Journal.
At the request of Senator Kessler, unanimous consent being
granted, the remarks by Senator Love were ordered printed in the
Appendix to the Journal.
At the request of Senator Facemyer, and by unanimous consent,
the remarks by Senator Caldwell were ordered printed in the
Appendix to the Journal.
At the request of Senator Minear, unanimous consent being
granted, the remarks by Senator Sprouse were ordered printed in the
Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator McCabe, unanimous consent being
granted, it was ordered that the Journal show had Senator McCabe been present in the Chamber on Friday, February 28, 2003, he would
have voted "yea" on the passage of Engrossed Committee Substitute
for Senate Bill No. 7, Engrossed Senate Bill No. 105, Engrossed
Committee Substitute for Committee Substitute for Senate Bill No.
153, Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 362, Engrossed Committee Substitute for Senate Bill
No. 372, Engrossed Committee Substitute for Senate Bill No. 440,
Engrossed Committee Substitute for Committee Substitute for Senate
Bill No. 583, Engrossed Senate Bill No. 589, Engrossed Senate Bill
No. 605, Engrossed Senate Bill No. 620 and Engrossed Committee
Substitute for House Bill No. 2359.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.