Upon the expiration of the recess, the Senate reconvened and proceeded to the fifth order of business.
Filed Conference Committee Reports

     The Clerk announced the following conference committee report had been filed at 5:50 p.m. today:
     Eng. Com. Sub. for House Bill No. 2122, Relating to medical professional liability generally.
     Without objection, the Senate returned 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. House Bill No. 2866--A Bill to amend and reenact sections one and two, article seventeen-a, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to construction financing for surface transportation improvements through federal grant anticipation notes.
     At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 83--Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 2120, relating to workers' compensation 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 7, 2003, for the express purpose of consideration of matters of disagreement between the two houses as to Com. Sub. for H. B. 2120.
     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 again proceeded to the fourth order of business.
     Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 4th day of March, 2003, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. No. 165), Continuing commission for national and community service.
     (S. B. No. 182), Meeting federal standards for certain child passenger seats and safety devices.
     (S. B. No. 416), Continuing massage therapy licensure board.
     And,
     (S. B. No. 418), Continuing investment management board.
                              Respectfully submitted,       
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 661 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the department of health and human resources - division of health - maternal and child health, fund 8750, fiscal year 2003, organization 0506, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.

     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.

     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 661) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration
     Senate Concurrent Resolution No. 10, Requesting Joint Committee on Government and Finance continue study on county and municipal land-use planning.
     Senate Concurrent Resolution No. 32, Requesting Joint Committee on Government and Finance study Medicaid Waiver Program.
     Senate Concurrent Resolution No. 37, Requesting Joint Committee on Government and Finance study single hunting, fishing and trapping license.
     Senate Concurrent Resolution No. 38, Requesting Joint Committee on Government and Finance study annexation laws.
     Senate Concurrent Resolution No. 42, Requesting Joint Committee on Government and Finance study retirement programs for certain employees.
     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.
     Senate Concurrent Resolution No. 50, Requesting Joint Committee on Government and Finance study hospital overtime policies.
     House Concurrent Resolution No. 37, Requesting a study of planning for the safe evacuation from the state capitol complex of people with disabilities.
     House Concurrent Resolution No. 47, Requesting a study on the powers, duties and functions of the governor's cabinet on children and families.
     And,
     House Concurrent Resolution No. 49, Requesting a study on the costs and benefits associated with West Virginia's deer population.
     And reports the same back with the recommendation that they each be adopted.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Chairman ex officio.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     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".
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Concurrent Resolution No. 44 (originating in the Committee on Transportation)--
Requesting the Division of Highways name the Harper Road Bridge spanning I-64/I-77 at Beckley the "Lewis N. McManus - Statesman and Speaker of the House of Delegates - Memorial Bridge" and the adjoining interchange at Milepost 44, I-77, commonly known as the Harper Road Interchange, as the "Lewis N. McManus - Statesman and Speaker of the House of Delegates - Memorial Interchange" .
     Whereas, Lewis N. McManus, former Speaker of the House of Delegates, was an exemplary public servant, outstanding citizen, gentleman and statesman of the highest caliber; and
     Whereas, Lewis N. McManus, who passed away December 18, 2002, at the age of seventy-three, was a positive and compassionate voice in state politics, not only as Speaker of the House of Delegates, where he served with honor and distinction for nearly six years during the 1970s, but in all endeavors that he undertook, whether in public or private life; and
     Whereas, Lewis N. McManus, a native of Raleigh County, also served as President of the University of Charleston, as Associate Vice President at Charles Ryan and Associates, as an assistant to the President of West Virginia University and as a commentator for West Virginia Public Radio; and
     Whereas, Lewis N. McManus was a rare political figure who had the unique ability to transcend politics in order to promote the best interests of the citizens of this state. He was truly a statesman of the highest character and intellect; and
     Whereas, Lewis N. McManus left a proud legacy to the citizens of this state as a statesman, public servant and private citizen; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the Harper Road Bridge spanning I-64/I-77 at Beckley the "Lewis N. McManus - Statesman and Speaker of the House of Delegates - Memorial Bridge" and the adjoining interchange at Milepost 44, I- 77, commonly known as the Harper Road Interchange, the "Lewis N. McManus - Statesman and Speaker of the House of Delegates - Memorial Interchange"
; and, be it
     Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entry way of each end of the bridge with a prominent and legible inscription stating the following: "Lewis N. McManus - Statesman and Speaker of the House of Delegates - Memorial Bridge"; and the Division of Highways is requested
to erect appropriate signage at the entry ways of the adjoining interchange at Milepost 44, Interstate 77, commonly known as the Harper Road Interchange, with a prominent and legible inscription stating the following: "Lewis N. McManus - Statesman and Speaker of the House of Delegates - Memorial Interchange" ; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the University of Charleston, Charles Ryan and Associates, West Virginia University, the West Virginia Public Broadcasting Corporation, the Raleigh County Commission and the family of Lewis N. McManus.

     With the recommendation that the committee substitute be adopted.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     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. 2051, Expanding the eligibility of part-time students for higher education adult part-time student grants.
     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.
     At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2051) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
     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. 2480, Increasing the amount of penalties the commissioner of banking may obtain and allowing the commissioner to expend funds to promote consumer awareness of issues related to residential mortgage lending.
     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. Com. Sub. for H. B. No. 2480) 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 Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. House Bill No. 2534, Eliminating the property value limit on the application of the tax.
     And,
     Eng. House Bill No. 2771, Repealing exemptions from gasoline and special fuels excise tax for bulk sales to interstate motor carriers.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bills (Eng. H. B. Nos. 2534 and 2771) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. Com. Sub. for House Bill No. 2556, Requiring the insurance commissioner to issue an annual communication to increase awareness of certain flood insurance issues.
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 3, 2003;
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2556) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to third reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2599, Authorizing the department of education and the arts to promulgate legislative rules.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2599) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2648, Authorizing the department of transportation to promulgate legislative rules.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2648) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2694, Protecting the beekeeping industry.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2694) 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 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. 2714, Relating to the donation of firefighting and fire rescue equipment and insurance policies dealing with immunity coverage provisions.
     And,
     Eng. House Bill No. 3088, Authorizing the insurance commissioner to require nonresident excess line brokers to remit the surcharge on fire and casualty insurance policies.
     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 Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bills (Eng. Com. Sub. for H. B. No. 2714 and Eng. H. B. No. 3088) contained in the foregoing report from the Committee on Banking and Insurance.
     At the request of Senator Minard, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2714 and Eng. H. B. No. 3088) contained in the preceding report from the Committee on Banking and Insurance were each taken up for immediate consideration, read a first time and ordered to second reading.
     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. 2715, Modernizing the regulation of surplus lines insurers by enactment of the NAIC nonadmitted insurance model act.
     And has amended same.
     Eng. House Bill No. 2765, Relating generally to insurance vending machines.
     And has amended same.
     Eng. House Bill No. 2921, Providing an exemption for sales and services provided by licensed mortgage brokers from the consumer sales and service tax.
     And has amended same.
     And,
     Eng. House Bill No. 3194, Relating to updating fee structure provisions.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended; 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 Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of Engrossed Committee Substitute for House Bill No. 2715 and Engrossed House Bill No. 2765 contained in the foregoing report from the Committee on Banking and Insurance.
     At the request of Senator Minard, and by unanimous consent, Engrossed Committee Substitute for House Bill No. 2715 and Engrossed House Bill No. 2765 contained in the preceding report from the Committee on Banking and Insurance were each taken up for immediate consideration, read a first time and ordered to second reading.
     At the request of Senator Minard, unanimous consent being granted, Engrossed House Bill No. 2921 and Engrossed House Bill No. 3194 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, with amendments from the Committee on Banking and Insurance pending.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Eng. House Bill No. 2748, Preventing mail order or internet sales of tobacco products to persons under eighteen years of age.
     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 the Judiciary.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 2748) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Health and Human Resources pending.
     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. 2764, Defining the content of subpoenas that may be issued by the insurance commissioner.
     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 the Judiciary.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     At the request of Senator Minard, unanimous consent being granted, the bill (Eng. H. B. No. 2764) 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, with an amendment from the Committee on Banking and Insurance pending.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. House Bill No. 2794, Increasing the service fee for worthless checks.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2794) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2880, Underground storage tanks registration fees.
     And has amended same.
     And,
     Eng. House Bill No. 3083, Providing that magistrate court may be temporarily held in various locations throughout the county.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2880 and Eng. H. B. No. 3083) contained in the preceding report from the Committee on the Judiciary 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, with amendments from the Committee on the Judiciary pending.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2948, Giving consumers greater opportunity to successfully obtain discontinuation of foreclosure sales and other efforts to repossess property.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2948) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. House Bill No. 3077, Authorizing the tax commissioner to enter into agreements with the internal revenue service for offsetting tax refunds against tax liabilities.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 3077) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 3117, Requiring contractors bidding on public works construction projects to submit valid bid bonds in their proposals and to direct how public bids are received.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3117) 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 Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Eng. House Bill No. 3199, Relating to reduced telephone service rates for qualified low-income residential consumers.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 3199) contained in the preceding report from the Committee on Health and Human Resources 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. 2, Naming the bridge located at the Huntington Business and Industrial Park in Huntington, Cabell County, the "James Vincent Owens Bridge".
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     House Concurrent Resolution 25, Designating November as "Alzheimer's Awareness Month".
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, March 5, 2003, at 11 a.m.
____________