WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

FIFTY-SEVENTH DAY

____________

Charleston, W. Va., Wednesday, March 5, 2003

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Reverend Warren Gilpin, First Baptist Church, Hinton, West Virginia.
     Pending the reading of the Journal of Tuesday, March 4, 2003,
     On motion of Senator Sharpe, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 390, Removing requirement social security number appear on commercial driver's license.
     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, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 450, Creating automated tax administration system.
     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 three, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 10C. BENEFITS FUNDED PURCHASING.
§11-10C-1. Legislative finding; short title and purpose.
     The Legislature hereby finds that creation, development, acquisition and maintenance of an automated tax administration system by the tax division of the department of tax and revenue are crucial to efficient operation of state government and in the best interests of the people of West Virginia; that the accuracy, efficiency and cost effectiveness of an automated tax administration system will benefit the people of West Virginia through cost savings, more efficient tax administration and more uniform and effective application of the tax laws of the state.
     This article shall be known as the "Benefits Funded Purchasing Act" and is hereby established by the Legislature for the purpose of creating, developing and maintaining an automated tax administration system by the tax division of the department of tax and revenue.
§11-10C-2. Authorization of benefits funded automated tax administration system purchasing program; reports; expiration of authority.

     (a) The tax commissioner is hereby authorized to enter into contracts to finance and acquire an automated tax administration system and associated computer hardware and software for use in the registration of taxpayers, processing of remittances and returns and collection of delinquent taxes and any interest and penalties thereon and for general tax administration. The tax commissioner is further authorized to acquire the technical services and related services necessary to develop, implement and maintain such system and associated computer hardware and software.
     (b) Prior to entering into any contract authorized by this article, the tax commissioner shall provide to the joint committee on government and finance a copy of the contract and a report setting forth a detailed summary of the terms of the contract, including the estimated amounts of vendor payments and other terms of financing anticipated under the contract and the date upon which vendor payments will end under the contract, and a description and the cost of the technical services and related services the tax commissioner determines is necessary to develop, implement and maintain the system and associated hardware or software to be acquired under the contract.
     (c) The authority of the tax commissioner to enter into contracts to finance and acquire an automated tax administration system expires the thirtieth day of June, two thousand five. The expiration of that authority does not affect the authority of the tax commissioner to enter into contracts to maintain an automated tax administration system acquired pursuant to this section, including contracts for the acquisition of associated hardware, software or services after meeting the requirements of subsection (b) of this section.
§11-10C-3. Benefits funding.
     Notwithstanding any provision of article three, chapter five-a of this code or any other provision of this code to the contrary, payment of costs and compensation for the automated tax administration system, related hardware, software and services may be computed and paid: (1) On the basis of a percentage of the increase in the amount of taxes, interest and penalties collected which is attributable to implementation of the automated tax administration system, as may be described in detail by contract; or (2) on a fixed fee contract basis, such fees to be paid from the increase in the amount of taxes, interest and penalties collected which is attributable to implementation of the automated tax administration system, as may be described in detail by contract.
§11-10C-4. Monthly determination of increased revenue attributable to automated tax administration system; monthly report; deposit of moneys; creation and operation of automated tax administration system development fund; annual report.

     (a) Revenue increment, fund created, operation of fund. --
     (1) The tax commissioner shall determine monthly the total amount of increased revenue attributable to the successful implementation of the automated tax administration system under this article and the amount shall be paid into the state treasury and deposited to the credit of a special fund known as the "Automated Tax Administration System Development Fund", which is hereby created. The tax commissioner is authorized to use moneys deposited in the automated tax administration system development fund to pay vendors of hardware, software or services, pursuant to the terms of contracts created in accordance with this article. All moneys in excess of that required to be paid to the vendors, as determined by the tax commissioner, shall be transferred to the general fund: Provided, That all moneys in excess of seven hundred fifty thousand dollars remaining in the fund at the end of each fiscal year shall be transferred to the general fund.
     (2) The total monthly amount of increased revenue attributable to the successful implementation of the automated tax administration system as determined by the tax commissioner and the basis for the determination shall be reported to the joint committee on government and finance within ten days following the determination.
     (b) Treatment of local moneys. --
     (1) The amount of the local moneys derived from any tax imposed under this code which is directed or dedicated to local or municipal subdivisions shall not be deposited in the automated tax administration system development fund but shall be paid undiminished, including any increase resulting from implementation of the automated tax administration system, to the local or municipal subdivision to which it is directed or dedicated by law. Local or municipal moneys shall be deposited, as directed by law, in those funds designated for orderly distribution of revenues to local or municipal subdivisions.
     (2) For purposes of this section, the total amount of increased revenue attributable to the successful implementation of an automated tax administration system for purposes of determining the amount to be deposited in the automated tax administration system development fund and the amount of any benefits funded payments to vendors under this article shall be determined after subtraction of any tax revenues payable to a local or municipal subdivision under this code.
     (c) Reports. -- Prior to the fifteenth day of January of each year, the tax commissioner shall submit a report to the governor, the president of the Senate and the speaker of the House of Delegates. The report shall include detailed information on the costs and benefits of implementing the automated tax administration system pursuant to this article during the fiscal year immediately preceding the submission of the report. The report shall be made until two complete fiscal years have elapsed following payment in full for the acquisition of the automated tax administration system by the tax commissioner.
     (d) Other contracts and purchases not prohibited or hindered. -- This article shall not be construed to prohibit or hinder the tax commissioner from acquiring any goods or services for any tax division function or program not specifically included in any contract entered into pursuant to this article.
§11-10C-5. Transfer of funds; repeal of article.
     At the end of fiscal year two thousand thirteen, all moneys in the automated tax administration system development fund shall be transferred to the general fund and the provisions of this article are repealed.;
     And,
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 450--A Bill to amend chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-c, relating to creation, development and funding of an automated tax administration system; setting forth legislative findings and purpose; authorizing contracts to finance and acquire automated tax administration system and associated products and services; requiring reports to joint committee on government and finance; expiring authority to enter into certain contracts; specifying methods of payment for system; requiring determination of increase in the amount of taxes, interest and penalties collected which is attributable to successful implementation of the automated tax administration system and reports; creating special revenue fund and providing amounts to be deposited into fund; providing purposes for which moneys of the fund are to be expended; excluding from deposit moneys derived for local or municipal subdivisions; requiring annual report; and repeal of article.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 450, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 450) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     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. 3192--A Bill to repeal article one-c, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact chapter five-b of said code by adding thereto a new article, designated article two-c, relating to creation of the West Virginia academy of science and technology; declaring the legislative purpose; establishing the academy council; defining the qualifications and selection of members; establishing terms of members; providing that members shall not be entitled to compensation except for expenses; establishing a position of executive director of the council; defining the duties of the council and the executive director; providing for the nomination of fellows of the academy and their participation in working groups of the academy; requiring periodic reports; and providing for confidentiality of trade secrets.
     Referred to the Committee on Health and Human Resources.
Executive Communications

     The Clerk then presented communications from His Excellency, the Governor, advising that on March 3, 2003, he had approved Enr. Senate Bill No. 163, Enr. Senate Bill No. 282 and Enr. House Bill No. 2763.
     The Senate proceeded to the fourth order of business.
     Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 5th 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. 164), Continuing office of coalfield community development.
     (S. B. No. 166), Continuing oil and gas inspectors' examining board.
     (S. B. No. 414), Authorizing real estate commission to enter into license reciprocity agreements with other states.
     (S. B. No. 415), Continuing environmental quality board.
     (S. B. No. 417), Continuing commission for deaf and hard-of-hearing.
     (S. B. No. 461), Updating section of corporation net income tax act for federal income tax purposes.
     (S. B. No. 462), Updating certain terms in personal income tax act for federal income tax purposes.
     (S. B. No. 469), Continuing contractor licensing board.
     (S. B. No. 471), Continuing board of pharmacy.
     And,
     (Com. Sub. for H. B. No. 2359), Allowing the state fire marshal to retain all of the special revenue fees collected by his office.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     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. 2083, Expanding personnel covered by job sharing in the school system.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              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. 2083) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. Com. Sub. for House Bill No. 2357, Authorizing the aeronautics commissioner to expense funds.
     And has amended same.
     And,
     Eng. House Bill No. 2528, Establishing a flood prevention task force by law.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2357 and Eng. H. B. No. 2528) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. 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.
     Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 3, 2003;
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2592, Authorizing the department of administration to promulgate legislative rules.
     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. 2592) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     The bill (Eng. Com. Sub. for H. B. No. 2592) was then read a second time.
     The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
     On page ten, section two, after line seventeen, by adding a new subsection, designated subsection (c), to read as follows:
     (c) The legislative rule filed in the state register on the twenty-fourth day of July, two thousand two, authorized under the authority of section two, article four-b, chapter twelve of this code, relating to the auditor (state auditor's computer and technology donation program, 155 CSR 5), is authorized.;
     On page eleven, section three, line six, after the word "authorized" by striking out the period and inserting the following: with the amendment set forth below:
     On page two, section nine, by striking out the period and inserting in lieu thereof a colon and the following: Provided, That beginning on the first day of July, two thousand three, each participating public employer shall contribute ten and five-tenths percent (10.5%) of each compensation payment of all its employees who are members of the Public Employees Retirement System.;
     And,
     On page eleven, section three, line fifteen, after the word "authorized" by striking out the period and inserting the following: with the amendment set forth below:
     On page one, section 2.1, following the words "the Board shall" by inserting a comma and the words "as part of its initial review,".
     The bill, as amended, was ordered to third reading.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2592) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2592) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On pages one through three, by striking out the title and substituting therefor a new title, to read as follows:
     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 auditor to promulgate a legislative rule relating to the state auditor's computer and technology donation program; 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.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2592) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2615, Authorizing the department of military affairs and public safety to promulgate legislative rules.
     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. 2615) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     The bill (Eng. Com. Sub. for H. B. No. 2615) was then read a second time.
     The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
     On page three, section one, line one, by striking out "(a)";
     And,
     On pages three and four, section one, by striking out all of subsection (b).
     The bill, as amended, was ordered to third reading.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2615) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2615) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     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; 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.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2615) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. House Bill No. 2669, Hazardous waste management.
     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.
     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. 2733, Increasing funds in the special revenue accounts for the criminal investigation division and the special audits division.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2733) 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. House Bill No. 3037, Mandating that an apprentice fireman be terminated from employment following three unsuccessful attempts at passing an apprentice examination.
     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. 3037) 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. 3045, Implementing the Master Tobacco Settlement Agreement.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 3045) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. Com. Sub. for House Bill No. 3046, Facilitating compliance with and enforcement of provisions of the Tobacco Master Settlement Agreement.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3046) 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. 3068, Empowering public service districts to enter into agreements for engineering, design or feasibility studies, without the prior approval of the public service commission.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3068) 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. House Bill No. 3108, Making all business entity filing requirements consistent with the corporation requirements under the new corporation laws.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 3108) 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.
     The Senate proceeded to the sixth order of business.
     Senators Sprouse, Weeks, Guills, Caldwell, McKenzie, Fanning, Rowe, Jenkins, White, Prezioso, McCabe, Minard, Unger, Plymale, Helmick, Sharpe, Ross, Dempsey, Love, Facemyer, Hunter, Oliverio, Smith, Harrison, Snyder, Bailey, Tomblin (Mr. President) and Chafin offered the following resolution:
     Senate Concurrent Resolution No. 51--Requesting the Joint Committee on Government and Finance study the devastating effects of flooding in southern West Virginia.
     Whereas, West Virginia families in the southern part of the state have been ravaged by repeated flooding; and
     Whereas, Some West Virginia residents have lost their lives due to the flooding and a great number of others have lost their homes and possessions; and
     Whereas, The nearly constant rebuilding of southern West Virginia communities after flooding has a large impact on the West Virginia economy; and
     Whereas, The Joint Committee on Government and Finance should study the possible use of bonding to address the cost of any flood mitigation construction; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Joint Committee on Government and Finance to study the devastating effects of flooding in southern 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.
     Which, under the rules, lies over one day.
     Senators Tomblin (Mr. President), Chafin, Rowe, Plymale, Snyder, Prezioso, Kessler, Edgell, Helmick, Bowman, McCabe, Bailey, Caldwell, Unger, Fanning, Jenkins, Minard, Sharpe, Dempsey, Love, Deem, Facemyer, Hunter, Oliverio, McKenzie, Smith, Harrison, Weeks, Boley, Guills, Minear, Sprouse and Ross offered the following resolution:
     Senate Resolution No. 25--Requesting Governor proclaim the fourth Friday of April, 2003, as "Children's Memorial Day" in West Virginia.
     Whereas, Tragic acts of violence against children are occurring with increasing frequency throughout the United States and the State of West Virginia. These senseless acts are destroying innocent lives and devastating families and communities; and
     Whereas, Too many of West Virginia's children have been lost in violent, preventable deaths through guns, fire, automobile accidents, physical violence and suicide; and
     Whereas, In celebration of life, diversity and hope for the future, the citizens of West Virginia condemn acts of violence committed against our children; and
     Whereas, A Children's Memorial Flag has been obtained by the State of West Virginia and should be flown on the fourth Friday of April, 2003, in remembrance of young lives lost in senseless criminal acts of violence; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby requests the Governor to proclaim the fourth Friday of April, 2003, as "Children's Memorial Day" in West Virginia; and, be it
     Further Resolved, That the Children's Memorial Flag be flown on the fourth Friday of April, 2003, in remembrance of those young lives that have been lost in senseless acts of violence; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor of West Virginia.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senators Hunter, Minear, Oliverio, Prezioso, McKenzie, Edgell, Minard, Ross, Sharpe, Kessler, Plymale, Helmick, Bailey, Snyder, Bowman, McCabe, Caldwell, Unger, White, Fanning, Rowe, Jenkins, Dempsey, Smith, Sprouse, Facemyer, Deem, Guills, Boley and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 26--
Congratulating the Morgantown High School football team on winning the 2002 Class AAA championship.
     Whereas, The Morgantown High School football team had an exceptional season which earned it the opportunity to participate in the 2002 Class AAA championship playoffs; and
     Whereas, The Morgantown High School football team won the 2002 Class AAA championship; and
     Whereas, The 2002 Class AAA championship win is a perfect ending to the long and productive career of Head Coach Glen McNew, who has decided to retire with over 35 years as an educator and coach; and
     Whereas, The coaching staff of Morgantown High School, consisting of Coach McNew and his assistants, Matt Lacy, Eric Skolny, John Bowers, Phil Luci, Bryan Tustin, Tom Powers, Bill Hedrick, Willie Edwards, Ryan Lemley and Jason Kruger, is commended for its outstanding leadership ability; and
     Whereas, The players on the Morgantown High School football team, including Seth Fogarty, Travis Trickett, Geremy Rodamer, Chris Drenning, Tyler Kirk, Zack Solly, B. K. Weese, Nick Straface, Spencer Farley, Nick Miller, Josh Durham, Dan Dalton, Chad Callen, Zach Cook, David Lytle, Patrick Shadle, David Foy, J. R. Downes, Doug Hilling, Guy Hornsby, Garrett Camden, Mark Beilein, Britten Ryan, Doug Fiddler, Suhail Zia, Tony Palmer, Mike Greathouse, Ryan Walls, Adam Smith, Josh Myers, Richie Wiggins, Adam Dalton, David Ly, Anthony Giambrone, Josh Hilling, Josh Dalton, Matt Cozort, Stephen Campbell, Chris Belt, Alan Mancini, Ben Brown, Conner Fox, Scott Warnick, J. J. Voithoffer, Dempsey Friend, Matt Simpson, Jordan Soccorsi, Jay Downey, Tim Schifbauer, Darryl Costello, Jack Davis, Matt Mohler, Keith Honeycutt, Shiloh Turner, Mark Burns, Matt Masciofi, Brian Schultz, Thomas Crawford, Blake Mattern, Shane Christopher, Cameron Salley, Mike Richards, Pete Warmen, Ben Dotson, Dan Walker, Joe Bragg, David Sackett, Anthony Didomenico and Vita Minutelli, are commended for their outstanding athletic ability, team spirit and sportsmanship; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby congratulates the Morgantown High School football team on winning the 2002 Class AAA championship; and, be it
     Further Resolved, That the Senate commends Morgantown High School Head Coach Glen McNew for his leadership in helping to win the 2002 Class AAA championship in his final year as coach; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the coaches and each team member of the Morgantown High School football team.

     At the request of Senator Hunter, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senators Plymale, Jenkins, Rowe, Unger, Kessler, Helmick, Bowman, Edgell, Bailey, Prezioso, McCabe, Caldwell, White, Fanning, Sharpe, Ross, Dempsey, Love, Facemyer, Hunter, Oliverio, McKenzie, Smith, Weeks, Boley, Minear, Sprouse, Minard and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 27--
Designating Wednesday, March 5, 2003, as "Marshall University Day".
     Whereas, Marshall University serves as a institution of higher learning for students of all ages and backgrounds at several campus locations in West Virginia; and
     Whereas, Marshall University provides educational opportunities including continuing education courses as well as associate and four-year baccalaureate degree programs. The graduate college offers nearly 50 programs of study; and
     Whereas, Marshall University's Joan C. Edwards School of Medicine specializes in rural health issues and annually places these graduates in clinical practice in rural West Virginia areas; and
     Whereas, Marshall University serves as a source of pride in West Virginia through its success in academics and athletics; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby designates Wednesday, March 5, 2003, as "Marshall University Day"; and, be it
     Further Resolved, That the Senate recognizes Marshall University for its continued record of providing academic excellence in West Virginia; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Dan Angel, President of Marshall University.
     At the request of Senator Jenkins, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Senators Plymale, Jenkins, Tomblin (Mr. President), Fanning, Chafin, Dempsey, Rowe, Helmick, Kessler, Bowman, Edgell, Prezioso, McCabe, Bailey, Caldwell, Unger, Minard, Sharpe, Ross, Love, Oliverio, Hunter, McKenzie, Smith, Harrison, Weeks, Boley, Guills, Minard and Sprouse offered the following resolution:
     Senate Resolution No. 28--
Recognizing the heroic efforts of Nathan Blevins for risking his life to save another.
     Whereas, On the night of Monday, February 17, 2003, a Wayne County resident lost control of her vehicle on Route 75 near Spring Valley and plunged into the swift waters of Twelvepole Creek in Wayne County; and
     Whereas, The victim, trapped in her car with only an air pocket allowing her to breathe, cried out for help. As the Wayne County 911 Center was called by a neighbor, the Randy Blevins family ran to help; and
     Whereas, Nathan Blevins, a student at Spring Valley High School, jumped into the flooded, icy creek and was able to open the door of the mostly submerged vehicle. With his father's pocket knife, he cut the seat belt from the victim, pulled her from the vehicle and, with his father's help, brought her safely to shore; therefore, be it
     Resolved by the Senate:
     That the Senate hereby recognizes the heroic efforts of Nathan Blevins for risking his life to save another; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Nathan Blevins.
 
     At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions

     Senator Jenkins presented a petition from Nancy King and twenty West Virginia residents, supporting Engrossed Committee Substitute for Senate Bill No. 56 (Prohibiting certain insurers to require persons under contract to use mail-order pharmacy) and House Bill No. 2142 (Prohibiting insurers from requiring persons covered under a contract to obtain prescription drugs from a mail-order pharmacy under certain circumstances).
     Referred to the Committee on Health and Human Resources.
     Senator Rowe presented a petition from Nicole Robinson and numerous Kanawha County residents, requesting the Legislature to restore public transit funds and determine a dedicated funding source to support public transit.
     Referred to the Committee on Finance.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     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. 52, (originating in the Committee on Rules)--
Amending Joint Rule No. 5 of the Joint Rules of the Senate and House of Delegates relating to bill processing dates.
     Resolved by the Legislature of West Virginia:
     That Joint Rule No. 5 of the Joint Rules of the Senate and House of Delegates be amended to read as follows:
Bill Processing
     5. (a) In every regular session beginning after the effective date of this rule, legislation recommended by the Governor or by executive departments or agencies is requested to be filed in the respective Clerks' offices and a copy sent to Legislative Services no later than the tenth day of each regular session of a Legislature.
     (b) No bill or joint resolution shall be considered on third reading in its house of origin after the fifty-third fiftieth day unless authorization shall be granted by a concurrent resolution adopted by a two-thirds vote of the members present of both houses: Provided, That the budget bill or any salary or supplementary appropriation bills may be considered at any time.
     (c) This rule may be suspended by adopting a concurrent resolution approved by a two-thirds majority of those present and voting in each house. A house desiring to suspend this rule may adopt a concurrent resolution and proceed as if the concurrent resolution had been adopted in both houses and the rule suspended. Any bill or joint resolution passed pursuant to such concurrent resolution may be communicated to the other house with the concurrent resolution or at any time after the concurrent resolution has been communicated to the other house. The other house may proceed to consider such bill or joint resolution only after adopting the concurrent resolution. The provisions of this rule shall not apply to any extended regular session or to any extraordinary session.

     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Chairman ex officio
.
     Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from unfinished business, Senate Concurrent Resolution No. 38; and from the Senate first reading calendar, Engrossed House Bill No. 2961.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 10,
Requesting Joint Committee on Government and Finance continue study on county and municipal land-use planning.
     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. 32, Requesting Joint Committee on Government and Finance study Medicaid Waiver Program.
     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. 37, Requesting Joint Committee on Government and Finance study single hunting, fishing and trapping license.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     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. 38, Requesting Joint Committee on Government and Finance study annexation laws.
     Having been removed from unfinished business in earlier proceedings today, no further action thereon was taken.
     Senate Concurrent Resolution No. 42, Requesting Joint Committee on Government and Finance study retirement programs for certain employees.
     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.
     Com. Sub. for Senate Concurrent Resolution No. 44, Requesting Division of Highways name Beckley Harper Road Bridge and Interchange in honor of Lewis N. McManus, former Speaker of the House of Delegates.
     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.
     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. 50, Requesting Joint Committee on Government and Finance study hospital overtime policies.
     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.
     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".
     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.
     House Concurrent Resolution No. 25, Designating November as "Alzheimer's Awareness Month".
     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.
     House Concurrent Resolution No. 37, Requesting a study of planning for the safe evacuation from the state capitol complex of people with disabilities.
     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.
     House Concurrent Resolution No. 47, Requesting a study on the powers, duties and functions of the governor's cabinet on children and families.
     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.
     House Concurrent Resolution No. 49, Requesting a study on the costs and benefits associated with West Virginia's deer population.
     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.
     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.
     Eng. Senate Bill No. 658, Making supplementary appropriation to department of health and human resources, division of human services, James "Tiger" Morton Catastrophic Illness Fund.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 658) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 658) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 659, Making supplementary appropriation to state board of examiners for licensed practical nurses.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 659) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 659) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 660, Supplementing, amending, reducing and increasing items from state road fund to department of transportation, division of highways.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 660) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 660) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2094, Regulating the release of fish, water animals and other aquatic organisms into the waters of this state.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2094) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 2301, Providing funding for necessary care of animals seized pursuant to allegations of neglect.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2301) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 2500, Clarifying the authority of the courts to continue protective orders during certain proceedings.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2500) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2511, Authorizing the issuance of a special motor vehicle license plate for "Nemesis Shrine" members.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Guills, Minear and Sprouse--3.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2511) passed.
     The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 2511--A Bill to amend and reenact section fourteen, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to original and renewal of registration plates; authorizing the issuance of special motor vehicle license plates for members of the nemesis shrine, volunteers and employees of the American red cross, individuals who have received the combat infantry badge or combat medic badge, members of the knights of Columbus, former members of the Legislature, democratic state or county executive committee members, female veterans, West Liberty state college, harley owners and military retirees; prescribing fees; providing that special registration plates may only be issued to those nonprofit charitable and educational organizations authorized by prior law; prohibiting the commissioner of motor vehicles from approving or authorizing additional nonprofit charitable and educational organizations to design or market special registration plates; eliminating the requirement that a certified firefighter produce annual evidence of certification; requiring the West Virginia university fire service extension to notify the division of motor vehicles when a firefighter loses his or her certification; making technical corrections; removing the restriction on the number of plates a volunteer firefighter may obtain and increasing the cost of those plates; prohibiting the division of motor vehicles from beginning the design or production of any license plate based on membership or affiliation with a private organization until a minimum number of persons have applied and paid for the plate; and procedure where minimum number not met by private organization.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2512, Relating to competitive bidding and notice requirements for the development of natural resources in which the public land corporation has an interest.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2512) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub for House Bill No. 2512--A Bill to amend and reenact sections three, five and six, article one-a, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to establishing a special public land corporation; requirements for leasing minerals; consulting the office of the attorney general; contracting for consulting services; and accounting for revenues.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2556) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 2696, Removing certain limitations on the commissioner of agriculture to increase fees of certain services.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2696) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 2868, Allowing alcohol beverage control commissioner to enter into contracts for sale and promotion of certain proprietary scanner technology.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2868) passed.
     The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 2868--A Bill to amend article two, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two, relating generally to powers of alcohol beverage control commissioner; authorizing scanner technology for verification of purchasers' ages; providing limitations on uses of collected information; allowing commissioner to enter into contracts for sale and promotion of certain proprietary scanner technology; defining the term "scanner technology"; creating a new special revenue account; and providing for expenditure of funds.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2870) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 2891, Repealing the requirement that the tax commissioner annually report the amount of gasoline and special fuel tax collected in each county.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Harrison--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2891) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 2965, Authorizing the division of corrections and the state fire marshal to retire, transfer or dispose of canines used within these departments.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2965) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2965) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.
     Eng. Com. Sub. for House Bill No. 3014, Relating generally to "Main Street Fairness Act of 2003".
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     Pending extended discussion,
     Senator Sharpe moved the previous question, which motion prevailed.
     The previous question having been ordered, that being on the passage of Engrossed Committee Substitute for House Bill No. 3014.
     On the passage of the bill, the yeas were: Bailey, Bowman, Caldwell, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--23.
     The nays were: Boley, Chafin, Deem, Facemyer, Guills, Harrison, McKenzie, Minear, Smith, Sprouse and Weeks--11.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3014) passed.
     The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 3014--A Bill to amend and reenact sections one-a, two, three, four, four-a, four-b, five, six, eight, nine-f, thirteen, fourteen, sixteen, thirty-one and thirty-three, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, one-a, two, three, three-a, four, five, six, seven, eight, nine, ten, ten-a, eleven, eighteen, twenty-one, twenty-two, twenty-seven and twenty-nine, article fifteen-a of said chapter; to amend and reenact sections one, two, three and five, article fifteen-b of said chapter; and to further amend said article by adding thereto twenty-one new sections, designated sections two-a, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one and thirty-two, all relating generally to "Main Street Fairness Act of 2003"; amending consumers sales and service and use tax laws to conform to requirements of streamlined sales and use tax agreement; incorporating in this state's sales and use tax laws certain substantive provisions of agreement pertaining to definitions, administration, collection and enforcement of sales and use taxes; renaming simplified sales and use tax administration act as streamlined sales and use tax administration act; authorizing tax commissioner to sign agreement; specifying effective dates; deleting obsolete language; and making other technical changes.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Thereafter, at the request of Senator Ross, and by unanimous consent, the remarks by Senator Helmick as to the passage of Engrossed Committee Substitute for House Bill No. 3014 were ordered printed in the Appendix to the Journal.
     Eng. House Bill No. 3019, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     Prior to the call of the roll, Senator Sharpe moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: None.
     Excused from voting: Sharpe--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3019) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: None.
     Excused from voting: Sharpe--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3019) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     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. 2603, Authorizing the department of environmental protection to promulgate legislative rules.
     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. 2603) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     The bill (Eng. Com. Sub. for H. B. No. 2603) was then read a second time.
     The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
     On page five, section one, line seven, after the word "authorized" by striking out the period and inserting the following: with the following amendment:
     On page thirty-four, subsection 54.6, in the first sentence after the words "starting in" by inserting the word "2005 or" and after the word "2006," by inserting the words "if the Secretary determines the Administrator is utilizing this later date for purposes of implementation under 40 CFR Part 96 or 40 CFR Part 52 in any state with a compliance date of May 31, 2004,";
     And,
     On page six, section one, line thirty-six, after the word "authorized" by striking out the period and inserting the following: with the following amendment:
     On page thirty-two, subsection 54.6, in the first sentence after the words "starting in" by inserting the word "2005 or" and after the word "2006," by inserting the words "if the Secretary determines the Administrator has approved or promulgated this later date for purposes of implementation under 40 CFR Part 96 or 40 CFR Part 52 in any state with a compliance date of May 31, 2004,".
     The bill, as amended, was ordered to third reading.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2603) was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2603) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2603) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
     On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.