Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 213, Restricting actions brought by nonresidents in state court.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. VENUE.
§56-1-1. Venue generally.
     (a) Any civil action or other proceeding, except where it is otherwise specially provided, may hereafter be brought in the circuit court of any county:
     (1) Wherein any of the defendants may reside or the cause of action arose, except that an action of ejectment or unlawful detainer must be brought in the county wherein the land sought to be recovered, or some part thereof, is; or
     (2) If a corporation be a defendant, wherein its principal office is or wherein its mayor, president or other chief officer resides; or if its principal office be not in this state, and its mayor, president or other chief officer do not reside therein, wherein it does business; or if it be a corporation organized under the laws of this state which has its principal office located outside of this state and which has no office or place of business within the state, the circuit court of the county in which the plaintiff resides or the circuit court of the county in which the seat of state government is located shall have jurisdiction of all actions at law or suits in equity against such the corporation, where the cause of action arose in this state or grew out of the rights of stockholders with respect to corporate management; or
     (3) If it be to recover land or subject it to a debt, wherein such where the land or any part thereof may be; or
     (4) If it be against one or more nonresidents of the state, wherein where any one of them may be found and served with process or may have estate or debts due him or them; or
     (5) If it be to recover a loss under any policy of insurance upon either property, life or health or against injury to a person, wherein where the property insured was situated either at the date of the policy or at the time when the right of action accrued or the person insured had a legal residence at the date of his or her death or at the time when the right of action accrued; or
     (6) If it be on behalf of the state in the name of the attorney general or otherwise, wherein where the seat of government is; or
     (7) If a judge of a circuit be interested in a case which, but for such interest, would be proper for the jurisdiction of his or her court, the action or suit may be brought in any county in an adjoining circuit.
     (b) Whenever a civil action or proceeding is brought in the county wherein where the cause of action arose, under the provisions of subsection (a) of this section, if no defendant resides in such the county, a defendant to the action or proceeding may move the court before which the action is pending for a change of venue to a county wherein where one or more of the defendants resides and upon a showing by the moving defendant that the county to which the proposed change of venue would be made would better afford convenience to the parties litigant and the witnesses likely to be called, and if the ends of justice would be better served by such the change of venue, the court may grant such the motion.
     (c) Effective for actions filed after the effective date of this section, a nonresident of the state may not bring an action in a court of this state unless all or a substantial part of the acts or omissions giving rise to the claim asserted occurred in this state: Provided, That unless barred by the statute of limitations or otherwise time barred in the state where the action arose, a nonresident of this state may file an action in state court in this state if the nonresident cannot obtain jurisdiction in either federal or state court against the defendant in the state where the action arose. A nonresident bringing such an action in this state shall be required to establish, by filing an affidavit with the complaint for consideration by the court, that such action cannot be maintained in the state where the action arose due to lack of any legal basis to obtain personal jurisdiction over the defendant.
In a civil action where more than one plaintiff is joined, each plaintiff must independently establish proper venue. A person may not intervene or join in a pending civil action as a plaintiff unless the person independently establishes proper venue. If venue is not proper as to any such nonresident plaintiff in any court of this state, the court shall dismiss the claims of the plaintiff without prejudice to refiling in a court in any other state or jurisdiction.
;
     And,
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Senate Bill No. 213--A Bill to amend and reenact section one, article one, chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to venue in West Virginia state courts as it applies to nonresidents of the state; providing that a nonresident may not bring an action in this state unless all or a substantial part of the acts or omissions giving rise to the claim asserted occurred in this state; setting forth the conditions under which a nonresident can file an action in this state if the nonresident cannot obtain jurisdiction over a defendant in the state where the action arose; requiring a nonresident to establish that such action cannot be maintained in the state where the action arose due to lack of any legal basis to obtain personal jurisdiction over the defendant; providing that in a civil action where more than one plaintiff is joined, each plaintiff must independently establish proper venue; limiting a nonresident from intervening or joining as a plaintiff unless the person independently establishes proper venue; and requiring the court to dismiss a plaintiff without prejudice if venue is not proper as to any such nonresident plaintiff in any court of this state.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 213, 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. 213) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.
     A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
     Eng. House Bill No. 2866, Relating to construction financing for surface transportation improvements through federal grant anticipation note.
     On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
     Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
     Senators Plymale, Bailey and Facemyer.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Executive Communications

     The following communication from His Excellency, the Governor, was reported by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 5, 2003

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
     Pursuant to Section 14, Article VII of the Constitution of West Virginia, "Any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him shall be a law,. . . . " As such, after great thought, I have decided to permit Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 170 to become law without my signature. I vetoed similar legislation last year. This bill has made some improvements. While I do not feel a compelling need for this legislation, I recognize the strong majorities in both houses that have voted for this bill. Rather than have the Legislature consume more time on this subject, I will permit this to become law while recognizing the need for some improvements and urging corrections of some features in future legislation.
     As I stated in my State of the State address--I am committed to improving the quality, affordability and availability of health care to our citizens. This year I introduced legislation that will deal with our medical malpractice crisis to not only help keep our doctors practicing, but attract new doctors to our state. The Legislature is in the final days of passing a bill that would give doctors the assistance they need to continue practicing in our state.
     While acknowledging some improvements from last year's bill, I am still concerned this bill will expose health care providers to additional liability at a time when all of us have been working to improve the medical climate in West Virginia. I also must express my concern that the privacy of patients and their doctors is not adequately protected. These are issues I hope the Legislature will work with me to resolve.
     For these reasons, I will let this bill become law without my signature.
                              Very truly yours,
                               Bob Wise,
                               Governor.
     The Senate proceeded to the ninth order of business.
     Eng. Com. Sub. for House Bill No. 2083, Expanding personnel covered by job sharing in the school system.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-13. Authority of boards generally.
     
The boards Each county board, subject to the provisions of this chapter and the rules of the state board, have has the authority:
     (a) To control and manage all of the schools and school interests for all school activities and upon all school property, whether owned or leased by the county, including the authority to require that records be kept of all receipts and disbursements of all funds collected or received by any principal, teacher, student or other person in connection with the schools and school interests, any programs, activities or other endeavors of any nature operated or carried on by or in the name of the school, or any organization or body directly connected with the school, to audit the records and to conserve the funds, which shall be considered quasi-public moneys, including securing surety bonds by expenditure of board moneys;
     (b) To establish schools, from preschool through high school, inclusive of vocational schools; and to establish schools, and programs or both, for post-high school instruction, subject to approval of the state board of education;
     (c) To close any school which is unnecessary and to assign the pupils of the school to other schools: Provided, That the closing shall be officially acted upon, and teachers and service personnel involved notified on or before the first Monday in April, in the same manner as provided in section four of this article, except in an emergency, subject to the approval of the state superintendent, or under subdivision (e) of this section;
     (d) To consolidate schools;
     (e) To close any elementary school whose average daily attendance falls below twenty pupils for two months in succession and send the pupils to other schools in the district or to schools in adjoining districts. If the teachers in the closed school are not transferred or reassigned to other schools, they shall receive one month's salary;
     (f) (1) To provide at public expense adequate means of transportation, including transportation across county lines for students whose transfer from one district to another is agreed to by both county boards as reflected in the minutes of their respective meetings, for all children of school age who live more than two miles distance from school by the nearest available road; to provide at public expense, and according to such rules as the board may establish, adequate means of transportation for school children participating in county board-approved curricular and extracurricular activities; and to provide in addition thereto at public expense, by rules and within the available revenues, transportation for those within two miles distance; and to provide, in addition thereto, at no cost to the county board and according to rules established by the board, transportation for participants in projects operated, financed, sponsored or approved by the commission on aging, all subject to the following:
     (A) Provided, That all All costs and expenses incident in any way to transportation for projects connected with the commission on aging shall be borne by the commission, or the local or county chapter of the commission;
     (B) Provided, however, That in In all cases, the school buses owned by the county board of education shall be driven or operated only by drivers regularly employed by the county board; of education:
     
(C) Provided further, That the The county board may provide, under rules established by the state board, for the certification of professional employees as drivers of county board-owned vehicles with a seating capacity of less than ten passengers used for the transportation of pupils for school-sponsored activities other than transporting students between school and home. And provided further, That the The use of the vehicles shall be limited to one for each school-sponsored activity; and
_____
(D) And provided further, That buses Buses shall be used for extracurricular activities as provided in this section only when the insurance provided for by this section is in effect;
     (2) To enter into agreements with one another as reflected in the minutes of their respective meetings to provide, on a cooperative basis, adequate means of transportation across county lines for children of school age subject to the conditions and restrictions of this subdivision subsection and subdivision subsection (h) of this section;
     (g) (1) To lease school buses operated only by drivers regularly employed by the county board to public and private nonprofit organizations or private corporations to transport school-age children to and from camps or educational activities in accordance with rules established by the county board. All costs and expenses incurred by or incidental to the transportation of the children shall be borne by the lessee;
     (2) To contract with any college or university or officially recognized campus organizations to provide transportation for college or university students, faculty or staff to and from the college or university. Provided, That only Only college and university students, faculty and staff are being may be transported pursuant to this section. The contract shall include consideration and compensation for bus operators, repairs and other costs of service, insurance and any rules concerning student behavior;
     (h) To provide at public expense for insurance against the negligence of the drivers of school buses, trucks or other vehicles operated by the board; and if the transportation of pupils is contracted, then the contract for the transportation shall provide that the contractor shall carry insurance against negligence in an amount specified by the board;
     (i) To provide solely from county board funds for all regular full-time employees of the county board all or any part of the cost of a group plan or plans of insurance coverage not provided or available under the West Virginia public employees insurance act;
     (j) To employ teacher aides, to provide in-service training for teacher aides, the training to be in accordance with rules of the state board and, in the case of service personnel assuming duties as teacher aides in exceptional children programs, to provide a four-clock-hour program of training prior to the assignment which shall, in accordance with rules of the state board, consist of training in areas specifically related to the education of exceptional children;
     (k) To establish and conduct a self-supporting dormitory for the accommodation of the pupils attending a high school or participating in a post high school program and of persons employed to teach in the high school or post high school program;
     (l) To employ legal counsel;
     (m) To provide appropriate uniforms for school service personnel;
     (n) To provide at public expense and under rules as established by any county board of education for the payment of traveling expenses incurred by any person invited to appear to be interviewed concerning possible employment by the county board; of education;
     (o) To allow or disallow their designated employees to use publicly provided carriage to travel from their residences to their workplace and return: Provided, That the usage is subject to the supervision of the county board and is directly connected with and required by the nature and in the performance of the employee's duties and responsibilities;
     (p) To provide, at public expense, adequate public liability insurance, including professional liability insurance for county board employees;
     (q) To enter into agreements with one another to provide, on a cooperative basis, improvements to the instructional needs of each county district. The cooperative agreements may be used to employ specialists in a field of academic study or support functions or services for the academic study. The agreements are subject to approval by the state board; of education;
     (r) To provide information about vocational or higher education opportunities to students with handicapping conditions. The county board shall provide in writing to the students and their parents or guardians information relating to programs of vocational education and to programs available at state-funded institutions of higher education. The information may include sources of available funding, including grants, mentorships and loans for students who wish to attend classes at institutions of higher education;
     (s) To enter into agreements with one another, with the approval of the state board, for the transfer and receipt of any and all funds determined to be fair when students are permitted or required to attend school in a county district other than the county district of their residence; and
     (t) To enter into job-sharing arrangements, as defined in section one, article one, chapter eighteen-a of this code, with its professional employees, subject to the following provisions:
_____(1) Provided, That a A job-sharing arrangement shall meet all the requirements relating to posting, qualifications and seniority, as provided for in article four, chapter eighteen-a of this code;
     (2) Provided, however, That notwithstanding Notwithstanding any provisions of this code or legislative rule and specifically the provisions of article fifteen sixteen, chapter five of this code to the contrary, a county board which enters into a job-sharing arrangement wherein in which two or more professional employees voluntarily share an authorized full-time position shall provide the mutually agreed upon employee coverage but shall not offer insurance coverage to more than one of the job-sharing employees, including any group plan or group plans available under the state public employees insurance act;
     (3) Each job-sharing agreement shall be in writing on a form prescribed and furnished by the county board. The agreement shall designate specifically one employee only who is entitled to the insurance coverage. Any employee who is not so designated is not eligible for state public employees insurance coverage regardless of the number of hours he or she works;
     (4) provided further, That all All employees involved in the job-sharing agreement meet the requirements of subdivision (4) (3), section two, article sixteen, chapter five of this code; and
_____(5) When entering into a job-sharing agreement, the county board and the employees involved in the job-sharing agreement shall consider issues such as retirement benefits, termination of the job-sharing agreement and any other issue the parties to the agreement consider appropriate. Any provision in the agreement relating to retirement benefits shall not cause any cost to be incurred by the retirement system that is more than the cost that would be incurred if a single employee were filling the position.

     "Quasi-public funds" as used in this section means any money received by any principal, teacher, student or other person for the benefit of the school system as a result of curricular or noncurricular activities.
     The board of each county Each county board shall expend under rules it establishes for each child an amount not to exceed the proportion of all school funds of the district that each child would be entitled to receive if all the funds were distributed equally among all the children of school age in the district upon a per capita basis.
CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 1. GENERAL PROVISIONS.

§18A-1-1. Definitions.

     The definitions contained in section one, article one, chapter eighteen of this code apply to this chapter. In addition, the following words used in this chapter and in any proceedings pursuant thereto to this chapter shall, unless the context clearly indicates a different meaning, be construed as follows:
     (a) "School personnel" means all personnel employed by a county board of education whether employed on a regular full-time basis, an hourly basis or otherwise. School personnel shall be comprised of two categories: Professional personnel and service personnel;
     (b) "Professional personnel" means persons who meet the certification requirements of the state, and/or licensing requirements of the state or both and includes the professional educator and other professional employees;
     (c) "Professional educator" is synonymous with and has the same meaning as "teacher" as defined in section one, article one, chapter eighteen of this code. Professional educators shall be classified as:
     (1) "Classroom teacher". -- The means a professional educator who has direct instructional or counseling relationship with pupils, spending the majority of his or her time in this capacity;
     (2) "Principal". -- The means a professional educator who, as agent of the county board, has responsibility for the supervision, management and control of a school or schools within the guidelines established by said the county board. The major area of such the responsibility shall be the general supervision of all the schools and all school activities involving pupils, teachers and other school personnel;
     (3) "Supervisor". -- The means a professional educator who, whether by this or other appropriate title, is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement; and
     (4) "Central office administrator". -- The means a superintendent, associate superintendent, assistant superintendent and other professional educators, whether by these or other appropriate titles, who are charged with the administering and supervising of the whole or some assigned part of the total program of the countywide school system;
     (d) "Other professional employee" means that person from another profession who is properly licensed and is employed to serve the public schools and includes a registered professional nurse, licensed by the West Virginia board of examiners for registered professional nurses and employed by a county board, of education, who has completed either a two-year (sixty-four semester hours) or a three-year (ninety-six semester hours) nursing program;
     (e) "Service personnel" means those who serve the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch and as aides;
     (f) "Principals academy" or "academy" means the academy created pursuant to section two-b, article three-a of this chapter;
     (g) "Center for professional development" means the center created pursuant to section one, article three-a of this chapter;
     (h) "Job-sharing arrangement" means a formal, written agreement voluntarily entered into by a county board with two or more of its professional employees who wish to divide between them the duties and responsibilities of one authorized full-time position;
     (i) "Prospective employable professional personnel" means certified professional educators who:
     (1) Have been recruited on a reserve list of a county board;
     (2) Have been recruited at a job fair or as a result of contact made at a job fair;
     (3) Have not obtained regular employee status through the job posting process provided for in section seven-a, article four of this chapter; and
     (4) Have obtained a baccalaureate degree from an accredited institution of higher education within the past year;
     (j) "Dangerous student" means a pupil who is substantially likely to cause serious bodily injury to himself, herself or another individual within that pupil's educational environment, which may include any alternative education environment, as evidenced by a pattern or series of violent behavior exhibited by the pupil, and documented in writing by the school, with the documentation provided to the student and parent or guardian at the time of any offense; and
     (k) "Alternative education" means an authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions.
     The bill (Eng. Com. Sub. for H. B. No. 2083), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2083) 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, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Oliverio--1.
     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. 2083) passed.
     The following amendment to the title of the bill, from the Committee on Education, 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. 2083--A Bill to amend and reenact section thirteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article one, chapter eighteen-a of said code, all relating to county boards of education generally and expanding job-sharing arrangements to include employees who are not professional employees; requiring written agreements for job-sharing arrangements; requiring agreements to specify which employee is eligible for insurance coverage; requiring certain issues be considered when entering into a job- sharing agreement; and limiting cost to retirement system.
     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. 2357, Authorizing the aeronautics commissioner to expense funds.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2A. STATE AERONAUTICS COMMISSION.
§29-2A-3a. Expenses of civil air patrol; commission may expend funds pursuant to rules.

     
(a) The commission, in addition to all other powers and functions authorized by law, is hereby authorized and empowered to may expend state funds: (1) For educational purposes of the civil air patrol, including, but not limited to, the purchase of civil air patrol aviation education training aid books, materials and equipment; (2) to defray maintenance, repair and replacement costs of civil air patrol aircraft; (3) to purchase and obtain supplies and equipment for the civil air patrol; and (4) to maintain the communications network for the civil air patrol.
     (b) No expenditure of state funds for any such these purposes may be made unless the purchase order is first approved by the commission in accordance with the commission's rules and regulations relating thereto to the expenditure. Only funds specifically appropriated by the Legislature for such these purposes may be so expended by the commission and funds so appropriated shall be expended for no other purposes.
     The bill (Eng. Com. Sub. for H. B. No. 2357), as amended, was
then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2357) 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. 2357) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
     On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
     Eng. Com. Sub. for House Bill No. 2083, Expanding personnel covered by job sharing in the school system.
     Passed by the Senate in earlier proceedings today,
     The bill still being in the possession of the Senate,
     On motion of Senator Chafin, the Senate reconsidered the vote as to the title amendment and passage.
     The vote thereon having been reconsidered,
     The question again being "Shall Engrossed Committee Substitute for House Bill No. 2083 pass?"
     On the passage of the bill, the yeas were: Boley, Bowman, Caldwell, Deem, Dempsey, Edgell, Facemyer, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear, Plymale, Prezioso, Rowe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--27.
     The nays were: Bailey, Chafin, Fanning, Minard, Oliverio, Ross and Sharpe--7.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2083) passed.
     The following amendment to the title of the bill, from the Committee on Education, 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. 2083--A Bill to amend and reenact section thirteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article one, chapter eighteen-a of said code, all relating to county boards of education generally and expanding job-sharing arrangements to include employees who are not professional employees; requiring written agreements for job-sharing arrangements; requiring agreements to specify which employee is eligible for insurance coverage; requiring certain issues be considered when entering into a job- sharing agreement; and limiting cost to retirement system.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate again proceeded to the ninth order of business.
     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.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2528, Establishing a flood prevention task force by law.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-15. West Virginia flood protection task force; continuation.

     (a) The West Virginia flood protection task force is created. The task force is a governmental instrumentality of the state. The exercise by the task force of the powers conferred by, and the carrying out of its purpose and duties of, this section are essential governmental functions for a public purpose.
     (b) The task force shall consist of thirteen members as follows:
     (1) The director of the state conservation agency, or his or her designee from within the agency, who shall chair the task force;
     (2) The director of the state office of emergency services, or his or her designee from within the agency, who shall serve as vice chair of the task force;
     (3) The secretary of the department of environmental protection, or his or her designee from within the agency;
     (4) The commissioner of the division of highways, or his or her designee from within the agency;
     (5) The director of the division of natural resources, or his or her designee from within the agency;
     (6) The director of the division of forestry, or his or her designee from within the agency;
     (7) The director of the housing development fund, or his or her designee from within the agency;
     (8) One county commissioner who shall be appointed by the governor from a list of three names submitted by the county commissioners association of West Virginia;
     (9) One member representing municipalities who shall be appointed by the governor from a list of three names submitted by the municipal league;
     (10) One member representing forestors who shall be appointed by the governor from a list of three names submitted by the executive director of the forestry association; and
     (11) Three citizen members who shall be appointed by the governor, one of whom shall be an engineer.
     (c) No more than three of the members, appointed by the governor to the task force, may be from the same congressional district. The members first appointed shall serve staggered terms as follows: The first citizen member appointed shall be appointed for a term of one year; the second citizen member appointed shall be appointed for a term of two years; the third citizen member appointed shall be appointed for a term of three years; the first member representing forestors shall serve a term of one year; the first member representing municipal governments shall serve a term of two years; the first member representing county governments shall serve a term of three years. Thereafter, the appointed members shall serve a term of three years. An appointed member may be reappointed for one additional term.
     (d) There shall also be appointed a panel of advisory members to the task force. The advisory members shall include:
     (1) Two members of the West Virginia Senate, appointed by the president of the Senate;
     (2) Two members of the West Virginia House of Delegates, appointed by the speaker of the House of Delegates;
     (3) The director of the division of labor, or his or her designee from within the agency;
     (4) The director of the West Virginia university cooperative extension service, or his or her designee from within the agency;
     (5) The director of the GIS technical center, or his or her designee from within the agency;
     (6) The director of the board of examiners of land surveyors, or his or her designee from within the agency; and
     (7) The director of the geological and economic survey, or his or her designee from within the agency.
     (e) No more than three members of the Legislature appointed by the governor as advisory members may be from the same political party. All advisory members are ex officio, nonvoting members of the task force.
     (f) The chair of the task force shall designate a secretary who need not be a member of the task force and who shall keep records of its proceedings.
     (g) A majority of the task force members shall constitute a quorum and the affirmative vote of at least the majority of those members present is necessary for any action taken by vote of the task force. A vacancy in the membership of the task force will not affect an action taken if there is a quorum of members present and voting on the issue.
     (h) No member of the task force shall receive any compensation for serving as a member.
     (i) The task force shall meet at least quarterly or on the call of the chair.
     (j) The duties of the task force are to:
     (1) Make recommendations to the state office of emergency services for the coordination of federal, state and local governmental response to flooding;
     (2) Review the status of flood mapping;
     (3) Examine and improve flood prevention initiatives;
     (4) Request federal funding assistance; and
     (5) Carry out other related responsibilities.
     (k) The state conservation agency shall provide office space for the task force. Each governmental agency represented on the task force shall provide staff support for the task force in the manner determined by the task force.
     (l) The task force shall keep minutes of its meetings and shall invite one or more representatives of the United States federal emergency management agency, the United States army corps of engineers and any other individual or organization necessary to effectuate the purposes of this article, to all of its meetings.
     (m) The West Virginia flood protection task force shall terminate on the first day of July, two thousand five, pursuant to the provisions of article ten, chapter four of this code.
     The bill (Eng. H. B. No. 2528), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. H. B. No. 2528) 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, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Sprouse--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. 2528) 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. House Bill No. 2528--A Bill to amend article twenty-one- a, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen, relating generally to the creation of a thirteen-member flood prevention task force; designating members; appointment of certain members by the governor; advisory members; secretary; meetings; duties of task force; office space and staff support; and termination of task force.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2669, Hazardous waste management.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     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.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
     On page three, section two-a, line twenty-five, by striking out the word "such";
     On page three, section two-a, line thirty, by striking out the word "such";
     On page four, section two-a, line fifty-one, by striking out the word "Such" and inserting in lieu thereof the word "The";
     On page five, section two-a, line sixty-one, by striking out the word "so";
     And,
     On page five, section two-a, line sixty-seven, by striking out the word "such".
     The bill (Eng. Com. Sub. for H. B. No. 2733), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2733) 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. 2733) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2003.
     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. 2733) takes effect July 1, 2003.
     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. 2768, Enacting a standardized false alarm ordinance.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3mm.
Authority to adopt ordinance relating to false alarms.
     (a) In addition to all other powers and duties they now possess, county commissions may enact ordinances, establish a system of administration and enforcement, assess fees and penalties, issue orders and take other necessary and appropriate actions for the reduction and elimination of false alarms.
     (b) The fire alarm ordinance enacted by a county shall be the "West Virginia alarm ordinance governing alarms responded to by West Virginia public safety agencies", developed by the joint committee of the enhanced 911 council and the West Virginia burglar and fire alarm association, based on the national burglar and fire alarm association/fire alarm reduction association model ordinance. County alarm advisory boards may modify the ordinance provided there are specific needs or circumstances in a county that are not addressed by the existing ordinance.
     (c) The county commission shall appoint an alarm administrator to administer the false alarm ordinance. In counties that have an enhanced 911 system, the E-911 director shall be the administrator. In counties without an enhanced 911 system, the alarm administrator shall be knowledgeable and qualified in the areas of alarm systems and false alarm reduction efforts.
     (d) The false alarm ordinance shall provide for the appointment of a false alarm advisory board, which shall consist of the alarm administrator, the county sheriff or other law- enforcement officer, a fire chief from a county fire department or his or her designee, a representative from the alarm industry, and a member at large selected by the county commission to serve a two- year term. The advisory board shall review, assist and make recommendations concerning false alarm reduction efforts and report to the county commission.
     The bill (Eng. Com. Sub. for H. B. No. 2768), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2768) 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. 2768) 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. 2768--A Bill to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-mm, relating to authorizing county commissions to enact standardized false alarm ordinances; specifying ordinance to be enacted; authorizing establishment of a system of administration and enforcement; providing for the assessment of fees and penalties; providing for the issuance of orders; and providing for the appointment of an administrator and an advisory board.
     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. 2902, Relating to confidentiality and disclosure of information set forth in oil and gas combined reporting form.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 3037, Mandating that an apprentice fireman be terminated from employment following three unsuccessful attempts at passing an apprentice examination.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 3045, Implementing the Master Tobacco Settlement Agreement.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3046, Facilitating compliance with and enforcement of provisions of the Tobacco Master Settlement Agreement.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 9D. ENFORCEMENT OF STATUTES IMPLEMENTING TOBACCO MASTER SETTLEMENT AGREEMENT.

§16-9D-1. Findings and purpose.
     The Legislature finds that violations of article nine-b of this chapter threaten the integrity of the tobacco master settlement agreement, the fiscal soundness of the state and the public health. The Legislature finds that enacting procedural enhancements will help prevent violations and aid enforcement of said article and thereby safeguard the master settlement agreement, the fiscal soundness of the state and the public health.
§16-9D-2. Definitions.
     (a) "Brand family" means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol", "lights", "kings" and "100s" and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.
     (b) "Cigarette" has the same meaning as in section two, article nine-b of this chapter.
     (c) "Commissioner" means the duly appointed head of the agency responsible for collection of the excise tax on cigarettes.
     (d) "Distributor" means a person, wherever resident or located, who purchases nontax-paid cigarettes and stores, sells or otherwise disposes of the cigarettes.
     (e) "Master tobacco settlement agreement" has the same meaning as that term is defined in section two, article nine-b of this chapter.
     (f) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.
     (g) "Participating manufacturer" has the meaning given that term in section II(jj) of the master settlement agreement and all amendments to the master settlement.
     (h) "Qualified escrow fund" has the same meaning as that term is defined in section two, article nine-b of this chapter.
     (i) "Stamping agent" includes any distributor or other person that is authorized to affix tax stamps to packages or other containers of cigarettes under article seventeen, chapter eleven of this code or any person that is required to pay the excise tax imposed on cigarettes pursuant to said article.
     (j) "Tobacco product manufacturer" has the same meaning as that term is defined in section two, article nine-b of this chapter.
     (k) "Units sold" has the same meaning as that term is defined in section two, article nine-b of this chapter.
§16-9D-3. Certifications; directory; tax stamps.
     (a) Certification. -- Every tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall execute and deliver in the manner prescribed by the commissioner a certification to the commissioner and the attorney general, no later than the thirtieth day of April each year, certifying under penalty of perjury that, as of the date of the certification, the tobacco product manufacturer either is a participating manufacturer or is in full compliance with article nine-b of this chapter, including payment of all quarterly installment payments required by section six of this article.
     (1) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update the list thirty calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the commissioner and the attorney general.
     (2) A nonparticipating manufacturer shall include in its certification:
     (A) A list of all of its brand families and the number of units sold for each brand family that were sold in this state during the preceding calendar year;
     (B) A list of all of its brand families that have been sold in this state at any time during the current calendar year, indicating, by an asterisk, any brand family sold in this state during the preceding calendar year that is no longer being sold in this state as of the date of the certification; and
     (D) Identification, by name and address, of any other manufacturer of the brand families in the preceding calendar year.
The nonparticipating manufacturer shall update the list thirty calendar days prior to any addition to or modification of its brand families by executing and delivering a supplemental certification to the commissioner and the attorney general.
     (3) In the case of a nonparticipating manufacturer, the certification shall further certify:
     (A) That the nonparticipating manufacturer is registered to do business in this state or has appointed a resident agent for service of process and provided notice thereof as required by section four of this article;
     (B) That the nonparticipating manufacturer has: (i) Established and continues to maintain a qualified escrow fund; and (ii) has executed a qualified escrow agreement that has been reviewed and approved by the attorney general and that governs the qualified escrow fund;
     (C) That the nonparticipating manufacturer is in full compliance with article nine-b of this chapter and this article, and any rules promulgated pursuant to either article; and
     (D) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required by article nine-b of this chapter and all rules promulgated thereto and:
     (i) The account number of the qualified escrow fund and subaccount number for the state of West Virginia;
     (ii) The amount the nonparticipating manufacturer placed in escrow fund for cigarettes sold in this state during the preceding calendar year, the date and amount of each deposit and any evidence or verification considered necessary by the attorney general to confirm the information certified under this paragraph; and
     (iii) The amount and date of any withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the qualified escrow fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to article nine-b of this chapter and all rules promulgated thereto.
     (4) A tobacco product manufacturer may not include a brand family in its certification unless:
     (A) In the case of a participating manufacturer, the participating manufacturer affirms that the brand family is to be considered to be its cigarettes for purposes of calculating its payments under the master settlement agreement for the relevant year, in the volume and shares determined pursuant to the master settlement agreement; and
     (B) In the case of a nonparticipating manufacturer, the nonparticipating manufacturer affirms that the brand family is to be considered to be its cigarettes for purposes of article nine-b of this chapter. Nothing in this section shall be construed as limiting or otherwise affecting this state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the master settlement agreement or for purposes of article nine-b of this chapter.
     (5) Tobacco product manufacturers shall maintain all invoices and documentation of sales and any other information relied upon for the certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.
     (b) Directory of cigarettes approved for stamping and sale. -- The commissioner shall develop and publish on the tax division's website a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (a) of this section and all brand families that are listed in the certifications, except as provided in subdivisions (1) and (2) of this subsection.
     (1) The commissioner shall not include or retain in the directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose certification the commissioner or the attorney general determines is not in compliance with subdivisions (2) and (3), subsection (a) of this section, unless the commissioner has determined that the violation has been cured to the satisfaction of the commissioner and the attorney general.
     (2) Neither a tobacco product manufacturer nor brand family shall be included or retained in the directory if the attorney general concludes, in the case of a nonparticipating manufacturer, that:
     (A) Any escrow payment required pursuant to article nine-b of this chapter for any period for any brand family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the attorney general of this state; or
     (B) Any outstanding final judgment, including interest on the judgment, for violations of article nine-b of this chapter has not been fully satisfied for the brand family and the nonparticipating manufacturer.
     (3) The tax commissioner shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family.
     (A) The commissioner may not remove any manufacturer or brand family from the directory unless the manufacturer and all distributors and other stamping agents registered under article twelve, chapter eleven of this code have been given at least seven days' prior notice of the intended removal by electronic mail or first-class mail the notices shall be e-mailed or posted to the addresses provided by the manufacturers, distributors or other stamping agents for this purpose.
     (B) The commissioner shall transmit by email or other practicable means to each distributor or other stamping agent registered under article twelve, chapter eleven of this code to affix West Virginia tax stamps to cigarettes notice of any addition to or removal from the directory of any tobacco product manufacturer or brand family.
     (C) Failure of a manufacturer, distributor or other stamping agent to receive notice under paragraph (A) or (B), subdivision (3), subsection (b) of this section or failure of the state to provide notice of any addition to or removal from the directory shall not relieve the distributor or other stamping agent of its obligations under this article.
     (4) Every tobacco product manufacturer selling cigarettes in this state and every distributor or other stamping agent affixing West Virginia tax stamps to packages of cigarettes for sale in this state shall provide and update as necessary an electronic mail address to the commissioner for the purpose of receiving any notifications required by this article.
     (c) Prohibition against stamping or sale of cigarettes not on the directory. -- It is unlawful for any person:
     (1) To affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory; or
     (2) To sell, offer or possess for sale in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory, except as follows:
     (A) This subsection shall not prohibit a distributor or other stamping agent from possessing unstamped containers of cigarettes held in inventory for delivery to, or for sale in, another state; and
     (B) A person purchasing cigarettes for resale shall not be in violation of this subsection if, at the time the cigarettes were purchased, the manufacturer and brand families of the cigarettes are included in the directory maintained by the tax commissioner and the cigarettes are otherwise lawfully stamped and sold within thirty days after the date of the notice provided under paragraph (A), subdivision (3), subsection (b) of this section.
§16-9D-4. Certification of tobacco product manufacturer wanting to sell product in this state for the first time.

     (a) A tobacco product manufacturer whose cigarettes have not previously been sold in this state, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall, at least thirty calendar days before beginning to sell its cigarettes in this state, make the certification required by section three of this article. In addition to the information required by section three, the manufacturer shall include the following information in its certification:
     (1) If the tobacco product manufacturer is a partnership, limited liability company, corporation, association or other business entity, the following where applicable:
     (A) The names and addresses of every partner, member, officer, resident agent, director or person performing a function similar to a director;
     (B) The names and addresses of any person owning of record a ten percent or greater equity interest in the tobacco product manufacturer; and
     (C) A list of all names under which the tobacco manufacturer, or any partner, member, officer, resident agent, director or person owning a ten percent or greater equity interest in the tobacco manufacturer, previously did business as a tobacco product manufacturer in the United States within the five-year period preceding the date of submission of the certification; and
     (2) A statement of whether the tobacco product manufacturer, or any partner, member, officer, resident agent, director or person owning a ten percent or greater equity interest in the tobacco manufacturer, or in any subsidiary, affiliate or persons controlled by or under common control with the tobacco manufacturer, has ever been an officer, partner, director or person owning a ten percent or greater equity interest in a tobacco product manufacturer that ever defaulted in fully funding the escrow account required by article nine-b of this chapter in the five-year period prior to the date of submission of the certification under this section and, if so, a brief explanation of the facts involved.
§16-9D-5. Agent for service of process.
     (a) Requirement for agent for service of process. --
     (1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this state, or in the United States, to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this article and article nine-b of this chapter, may be served in any manner authorized by law. The service constitutes legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of the agent to the satisfaction of the commissioner and the attorney general.
     (2) Any nonresident stamping agent authorized to affix stamps to packages of cigarettes evidencing payment of the tax levied by article seventeen, chapter eleven of this code on cigarettes to be sold in this state that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to being authorized to affix West Virginia tax stamps, appoint and continually engage without interruption the services of an agent in this state, or in the United States, to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this article and article nine-b of this chapter, may be served in any manner authorized by law. The service constitutes legal and valid service of process on the nonresident stamping agent. The nonresident stamping agent shall provide the name, address, phone number and proof of the appointment and availability of the agent to the satisfaction of the commissioner and the attorney general.
     (b) The nonparticipating manufacturer or the nonresident stamping agent shall provide written notice to the commissioner and the attorney general thirty calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the attorney general of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer, or nonresident stamping agent, as the case may be, shall notify the commissioner and attorney general in writing of the termination within five calendar days and shall include proof to the satisfaction of the attorney general of the appointment of a new agent.
     (c) Any nonparticipating manufacturer and any nonresident stamping agent whose cigarettes are sold in this state, who has not appointed and engaged an agent as required by this section, shall be considered to have appointed the secretary of state of West Virginia as the agent and may be proceeded against in the courts of this state by service of process upon the secretary of state: Provided, That the appointment of the secretary of state as the agent of the manufacturer or the nonresident stamping agent shall not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer included or retained in the directory.
§16-9D-6. Reporting of information; escrow installments.
     (a) Reporting by distributors and other stamping agents. -
     (1) Not later than twenty calendar days after the end of each calendar quarter, and more frequently if directed by the commissioner, each distributor or stamping agent shall submit information required by the commissioner to facilitate compliance with this article, including, but not limited to, a list by brand family of the total number of cigarettes of nonparticipating manufacturers, or in the case of roll your own, the equivalent stick count, for which the distributor or other stamping agent affixed West Virginia stamps and sold in West Virginia during the previous calendar quarter or otherwise paid the tax due for the cigarettes.
     (2) The distributor or stamping agent shall maintain, and make available to the commissioner, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes sold in West Virginia and any other information relied upon in reporting to the commissioner for a period of five years.
     (b) Disclosure of information. -- The commissioner may disclose to the attorney general of this state any information received under this article and requested by the attorney general for purposes of determining compliance with and enforcing the provisions of this article. The commissioner and the attorney general shall share with each other the information received under this article, and may share the information with other federal, state or local agencies only for purposes of enforcement of this article, article nine-b of this chapter, or corresponding laws of other states.
     (c) Verification of qualified escrow fund. -- The attorney general may require at any time from the nonparticipating manufacturer proof, from the financial institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with article nine-b of this chapter, of the amount of money in the fund, exclusive of interest, the amount and date of each deposit to the qualified escrow fund, and the amount and date of each withdrawal from the fund.
     (d) Requests for additional information. -- In addition to the information required to be submitted pursuant to this section, the attorney general may require a stamping agent, distributor or tobacco product manufacturer to submit any additional information including, but not limited to, samples of the packaging or labeling of each brand family that is necessary to enable the attorney general to determine whether a tobacco product manufacturer is in compliance with this article.
     (e) Quarterly escrow installments. -- To promote compliance with the provisions of this article, a tobacco product manufacturer subject to the requirements of subdivision (2), subsection (a), section three of this article, who, in the opinion of the attorney general, materially defaults in fully funding its escrow account timely and then cures the default shall make escrow deposits for the calendar year during which the default was cured and ensuing calendar years in quarterly installments during the year in which the sales covered by such deposits are made. The attorney general may require production of information sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit.
§16-9D-7. Electronic filing of quarterly reports.
     (a) Electronic filing required. -- After the first day of September, two thousand three, the quarterly reports required by section six of this article from distributors and stamping agents shall be electronically filed with the tax commissioner.
     (b) "Filed electronically" defined. -- For purposes of this section, "filing electronically" means the filing of a report or other document by any electronic medium acceptable to the tax commissioner including, but not limited to, the filing of reports and other documents by electronic data interchange, or by use of the internet for web-based filing or other technology specified by the tax commissioner by a procedural rule promulgated as provided in article three, chapter twenty-nine-a of this code.
     (c) Signature requirements. -- The signature requirement for all reports required to be filed under this article will be met if the submission is made pursuant to the tax commissioner's procedural rule.
     (d) Standards. -- The tax commissioner shall give due regard to developing uniform standards for formats as adopted by the American national standards institute for encryption and filer authentication to ensure that the report information is kept confidential.
§16-9D-8. Penalties and other remedies.
     (a) Revocation of business registration certificate and civil money penalty. -- In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a distributor, stamping agent or any other person has violated subsection (c), section three of this article, or any rule adopted pursuant thereto, the commissioner may revoke or suspend the business registration certificate of the distributor, stamping agent or other person in the manner provided by article twelve, chapter eleven of this code. Each stamp affixed and each sale or offer to sell cigarettes in violation of subsection (c), section three of this article constitutes a separate violation. The commissioner may also impose a civil penalty in an amount not to exceed the greater of five hundred percent of the retail value of the cigarettes or five thousand dollars upon a determination of violation of subsection (c), section three of this article or any rules adopted pursuant thereto. The penalty shall be imposed and collected in the manner that tax is assessed and collected under article ten, chapter eleven of this code. The amount of penalty collected shall be deposited in the tobacco control special fund created in section nine of this article.
     (b) Contraband and seizure. -- Any cigarettes that have been sold, offered for sale or possessed for sale, in this state, in violation of subsection (c), section three of this article, shall be considered contraband under article seventeen, chapter eleven of this code and the cigarettes are subject to seizure and forfeiture as provided in said article, and all cigarettes seized and forfeited shall be destroyed and not resold: Provided, That this subsection shall not prohibit a stamping agent or distributor from possessing unstamped containers of cigarettes held in inventory for delivery to, or for sale in, another state.
     (c) Injunction. -- The attorney general, on behalf of the commissioner, may seek an injunction to restrain a threatened or actual violation of subsection (c), section three of this article, subsection (a), section five of this article or subsection (d) of said section, by a distributor, stamping agent or other person and to compel the distributor, stamping agent or other person to comply with these subsections: Provided, That this subsection shall not prohibit a stamping agent or distributor from possessing unstamped containers of cigarettes held in inventory for delivery to, or for sale in, another state. In any action brought pursuant to this section, the state is entitled to recover the costs of investigation, costs of the action and reasonable attorney fees.
     (d) Unlawful sale and distribution. -- It is unlawful for a person to:
     (1) Sell or distribute cigarettes; or
     (2) Acquire, hold, own, possess, transport, import or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in this state in violation of subsection (c), section three of this article. A violation of this subsection shall be a misdemeanor punishable as provided in section nineteen-a, article seventeen, chapter eleven of this code.
     (e) Unfair trade practice. -- A person who violates subsection (c), section three of this article, engages in an unfair and deceptive trade practice in violation of article six, chapter forty-six-a of this code.
§16-9D-9. Miscellaneous provisions.
     (a) Notice and review of determination. -- A determination of the commissioner or the attorney general to not include or to remove from the directory a brand family or tobacco product manufacturer is subject to review in the manner prescribed by article ten-a, chapter eleven of this code, by filing a petition for review with the office of tax appeals within thirty days of receipt of the commissioner's written determination to not include or to remove the brand family or tobacco product manufacturer from the directory. A determination not to list in, or to remove from, the directory any brand family or tobacco product manufacturer shall not be stayed during the pendency of appeal procedure.
     (b) Applicants for business registration certificate. -- No person shall be issued a business registration certificate under article twelve, chapter eleven of this code or granted a renewal of its business registration certificate to act as a distributor or stamping agent unless the person has certified in writing, under penalty of perjury, that the person will comply fully with this article.
     (c) Promulgation of rules. -- The commissioner and the attorney general may separately promulgate any procedural, interpretive and legislative rules in the manner provided in article three, chapter twenty-nine-a of this code, each considers necessary to effect the purposes of this article.
     (d) Recovery of costs and fees by attorney general. -- In any action brought by the state to enforce this article, the state is entitled to recover the costs of investigation, expert witness fees, costs of the action and reasonable attorney fees.
     (e) Disgorgement of profits for violations of this article. -- If a court determines that a person has violated this article, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the "tobacco control special fund", which is created in the state treasury. Expenditures from the fund are to be made in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code.
     Unless otherwise expressly provided, the remedies or penalties provided by this article are cumulative to each other and to the remedies or penalties available under all other laws of this state.
     (f) Construction and severability. --
     (A) If a court of competent jurisdiction finds that the provisions of this article and of article nine-b of this chapter conflict and cannot be harmonized, then the provisions of article nine-b of this chapter control.
     (B) If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article causes article nine-b of this chapter to no longer constitute a qualifying or model statute, as those terms are defined in the master settlement agreement, then that portion of this article is not valid.
     (C) If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article is for any reason held to be invalid, unlawful or unconstitutional, that decision shall not affect the validity of the remaining portions of this article or any part thereof.
§16-9D-10. Effective date; implementation.
     If this act of the Legislature takes effect ninety days from passage, the first certification by a tobacco product manufacturer described in subsection (a), section three of this article shall be due the first day of July, two thousand three, covering the two thousand two calendar year, and the additional information required by said section for the current calendar year up to the date of the certification; and the directory described in subsection (b) of said section is published in the state register by the fifteenth day of August, two thousand three, and made available on the tax commissioner's web page by the fifteenth day of October, two thousand three.
     (b) If this act of the Legislature is in effect from passage, the first certification by a tobacco product manufacturer described in subsection (a), section three of this article is due the first day of May, two thousand three, covering the two thousand two calendar year, and the additional information required by said section for the current calendar year up to the date of the certification; and the directory described in subsection (b) of said section shall be published in the state register by the fifteenth day of June, two thousand three, and made available on the tax commissioner's web page by the fifteenth day of August, two thousand three.
     (c) If this act of the Legislature takes effect the first day of July, two thousand three, the first certification by a tobacco product manufacturer described in subsection (a), section three of this article, is due the first day of July, two thousand three, covering the two thousand two calendar year, and the additional information required by said section for the current calendar year up to the date of the certification; and the directory described in subsection (b) of said section shall be published in the state register by the fifteenth day of August, two thousand three, and made available on the tax commissioner's web page by the fifteenth day of October, two thousand three.
     The bill (Eng. Com. Sub. for H. B. No. 3046), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3046) 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. 3046) 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. 3051, Altering the certain reportable threshold dollar amounts on legislative member financial disclosure statements and lobbyist reports.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That sections seven and ten, article two, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section four, article three of said chapter be amended and reenacted, all to read as follows:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES.

§6B-2-7. Financial disclosure statement; contents.

     The financial disclosure statement required under this article shall contain the following information:
     (1) The name, residential and business addresses of the person filing the statement and all names under which the person does business.
     (2) The name and address of each employer of the person.
     (3) The identification, by category, of every source of income over five thousand dollars received during the preceding calendar year, in his or her own name or by any other person for his or her use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was received. This subdivision does not require a person filing the statement who derives income from a business, profession or occupation to disclose the individual sources and items of income that constitute the gross income of that business, profession or occupation, nor does this subdivision require a person filing the statement to report the source or amount of income derived by his or her spouse.
     (4) If the person profited or benefited in the year prior to the date of filing from a contract for the sale of goods or services to a state, county, municipal or other local governmental agency either directly or through a partnership, corporation or association in which such person owned or controlled more than ten percent, the person shall describe the nature of the goods or services and identify the governmental agencies which purchased the goods or services.
     (5) Each interest group or category listed below doing business in this state with which the person filing the statement did business or furnished services and from which the person received more than twenty percent of the person's gross income during the preceding calendar year. The groups or categories are electric utilities, gas utilities, telephone utilities, water utilities, cable television companies, interstate transportation companies, intrastate transportation companies, oil or gas retail companies, banks, savings and loan associations, loan or finance companies, manufacturing companies, surface mining companies, deep mining companies, mining equipment companies, chemical companies, insurance companies, retail companies, beer, wine or liquor companies or distributors, recreation-related companies, timbering companies, hospitals or other health care providers, trade associations, professional associations, associations of public employees or public officials, counties, cities or towns, labor organizations, waste disposal companies, wholesale companies, groups or associations seeking to legalize gambling, advertising companies, media companies, race tracks and promotional companies.
     (6) The names of all persons, excluding that person's immediate family, parents or grandparents residing or transacting business in the state to whom the person filing the statement owes, on the date of execution of this statement in the aggregate in his or her own name or in the name of any other person more than twelve thousand five hundred dollars: Provided, That nothing herein shall require the disclosure of a mortgage on the person's primary and secondary residences or of automobile loans on automobiles maintained for the use of the person's immediate family, or of a student loan, nor shall this section require the disclosure of debts which result from the ordinary conduct of such person's business, profession or occupation or of debts of the person filing the statement to any financial institution, credit card company or business, in which the person has an ownership interest: Provided, however, That the previous proviso shall not exclude from disclosure loans obtained pursuant to the linked deposit program provided for in article one-a, chapter twelve of this code or any other loan or debt incurred which requires approval of the state or any of its political subdivisions.
     (7) The names of all persons except immediate family members, parents and grandparents residing or transacting business in the state (other than a demand or savings account in a bank, savings and loan association, credit union or building and loan association or other similar depository) who owes on the date of execution of this statement, more, in the aggregate, than twelve thousand five hundred dollars to the person filing the statement, either in his or her own name or to any other person for his or her use or benefit. This subdivision does not require the disclosure of debts owed to the person filing the statement which debts result from the ordinary conduct of such person's business, profession or occupation or of loans made by the person filing the statement to any business in which the person has an ownership interest.
     (8) The source of each gift having a value of over one hundred fifty dollars, received from a person having a direct and immediate interest in a governmental activity over which the person filing the statement has control, shall be reported by the person filing the statement when such gift is given to said person in his or her name or for his or her use or benefit during the preceding calendar year: Provided, That gifts received by will or by virtue of the laws of descent and distribution, or received from one's spouse, child, grandchild, parents or grandparents, or received by way of distribution from an inter vivos or testamentary trust established by the spouse or child, grandchild or by an ancestor of the person filing the statement are not required to be reported. As used in this subdivision, any series or plurality of gifts which exceeds in the aggregate the sum of one hundred fifty dollars from the same source or donor, either directly or indirectly, and in the same calendar year, shall be regarded as a single gift in excess of that aggregate amount.
§6B-2-10. Violations and penalties.
     (a) If any person violates the provisions of subsection (e), (f) or (g), section five of this article, or violates the provisions of subdivision (1), subsection (e), section four of this article, such person, upon conviction thereof, shall be guilty of a misdemeanor and shall be punished by confinement in the county jail for a period not to exceed six months or shall be fined not more than one thousand dollars, or both such confinement and fine. If any person violating the provisions of subdivision (1), subsection (e), section four of this article shall be a member of the commission or an employee thereof, he or she shall, upon conviction, be subject to immediate removal or discharge.
     (b) If any person violates the provisions of subsection (f), section six of this article by willfully and knowingly filing a false financial statement, such person shall, upon conviction thereof, be deemed guilty of false swearing and shall be punished as provided in section three, article five, chapter sixty-one of this code.
     (c) If any person knowingly fails or refuses to file a financial statement required by section six of this article, such person, upon conviction thereof, shall be guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than one thousand dollars.
     (d) If any complainant violates the provisions of subdivision (2), subsection (f) (e), section four, article two of this chapter by knowingly and willfully disclosing any information made confidential by an order of the commission, he or she shall be subject to administrative sanction by the commission as provided for in subsection (r) (q), section four of this article.
ARTICLE 3. LOBBYISTS.

§6B-3-4. Reporting by lobbyists.

     (a) A lobbyist shall file with the commission reports of his or her lobbying activities, signed by the lobbyist. The reports shall be filed as follows:
     (1) On or before the Monday preceding the second Wednesday in January of each year, a lobbyist shall file an annual report of all lobbying activities which he or she engaged in during the preceding calendar year; and
     (2) If a lobbyist engages in lobbying with respect to legislation, then:
     (A) Between the fortieth and forty-fifth days of any regular session of the Legislature in which any lobbying occurred, the lobbyist shall file a report describing all of his or her lobbying activities which occurred since the beginning of the calendar year; and
     (B) Within twenty-one days after the adjournment sine die of any regular or extraordinary session of the Legislature in which any lobbying occurred, the lobbyist shall file a report describing all of his or her lobbying activities which occurred since the beginning of the calendar year or since the filing of the last report required by this section, whichever is later.
     (b) (1) Except as otherwise provided in this section, each report filed by a lobbyist shall show the total amount of all expenditures for lobbying made or incurred by the lobbyist, or on behalf of the lobbyist by the lobbyist's employer, during the period covered by the report. The report shall also show subtotals segregated according to financial category, including meals and beverages, living accommodations, advertising, travel, contributions, gifts to public officials or employees or to members of the immediate family of a public official or employee, and other expenses or services.
     (2) Lobbyists are not required to report the following:
     (A) Unreimbursed personal living and travel expenses not incurred directly for lobbying;
     (B) Any expenses incurred for his or her own living accommodations;
     (C) Any expenses incurred for his or her own travel to and from public meetings or hearings of the legislative and executive branches;
     (D) Any expenses incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance; and
     (E) Separate expenditures to or on behalf of a public official or employee in an amount of less than five dollars.
     (c) If a lobbyist is employed by more than one employer, the report shall show the proportionate amount of the expenditures in each category incurred on behalf of each of his or her employers.
     (d) The report shall describe the subject matter of the lobbying activities in which the lobbyist has been engaged during the reporting period.
     (e) If, during the period covered by the report, the lobbyist made expenditures in the reporting categories of meals and beverages, living accommodations, travel, gifts or other expenditures, other than for those expenditures governed by subsection (f) of this section, which expenditures in any reporting category and not reported on a prior report total more than twenty-five fifty dollars to or on behalf of any particular public official or employee, the lobbyist shall report the name of the public official or employee to whom or on whose behalf the expenditures were made, the total amount of the expenditures and the subject matter of the lobbying activity, if any. Under this subsection, no portion of the amount of an expenditure for a dinner, party or other function sponsored by a lobbyist or a lobbyist's employer need be attributed to or counted toward the reporting amount of twenty-five fifty dollars for a particular public official or employee who attends the function if the sponsor has invited to the function all the members of: (1) The Legislature; (2) either house of the Legislature; (3) a standing or select committee of either house; or (4) a joint committee of the two houses of the Legislature. However, the amount spent for the function shall be added to other expenditures for the purpose of determining the total amount of expenditures reported under subsection (b) of this section.
     (f) If, during the period covered by the report, the lobbyist made expenditures in the reporting categories of meals and beverages, lodging, travel, gifts and scheduled entertainment, which reporting expenditures in any reporting category total more than twenty-five fifty dollars for or on behalf of a particular public official or public employee in return for the participation of the public official or employee in a panel or speaking engagement at the meeting, the lobbyist shall report the name of the public official or employee to whom or on whose behalf the expenditures were made and the total amount of the expenditures.
     The bill (Eng. Com. Sub. for H. B. No. 3051), as amended, was then ordered to third reading.
     Senator Chafin moved that the constitutional rule requiring a bill to be read on three separate days be suspended.
     The roll being taken, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Jenkins, Kessler, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Unger and Tomblin (Mr. President)--24.
     The nays were: Boley, Guills, Harrison, Hunter, Love, Oliverio, Rowe, Sprouse, Weeks and White--10.
     Absent: None.
     So, less than four fifths of the members present and voting having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
     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.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 3108, Making all business entity filing requirements consistent with the corporation requirements under the new corporation laws.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     The Senate proceeded to the tenth order of business.
     Eng. House Bill No. 2961, Limiting idling of school bus engines for more than five minutes except for certain reasons.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned 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 6th 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. 205), Modifying criminal intent for animal cruelty crimes; fines.
     And,
     (S. B. No. 447), Allowing reciprocal agreements with Ohio regarding hunting and fishing.
                              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. 75, Budget bill.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 75 (originating in the Committee on Finance)--A Bill making appropriations of public money out of the treasury in accordance with section fifty-one, article VI of the constitution.

     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 75) 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. 3, Requesting Joint Committee on Government and Finance study need for creating forensic science task force.
     Senate Concurrent Resolution No. 41, Requesting Joint Committee on Government and Finance study converting teachers' retirement system to defined benefit retirement system.
     House Concurrent Resolution No. 10, Requesting a study on the advisability of seeking to improve the West Virginia Department of Transportation Employee Handbook.
     And,
     House Concurrent Resolution No. 54, Requesting a study on economically feasible methods to provide access to library services for the large number of West Virginia citizens living in remote areas.
     And reports the same back with the recommendation that they each be adopted.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Chairman ex officio.
     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
     Senate Concurrent Resolution No. 56 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance study the adequacy of current law in protecting the health and safety of West Virginia's secondary and post-secondary student athletes participating in athletic programs, the utilization of athletic trainers and other professionals and para-professionals in connection with sports programs in West Virginia and otherwise protecting the public interest.
     Whereas, The Legislature is charged with protecting the public interest, promoting student health and safety and safeguarding professional practices; and
     Whereas, The state has an interest in the control, supervision and regulation of middle and junior high school, secondary and post-secondary school athletic events, as well as in regulating and monitoring the practice of professions through licensing boards which are responsible for ensuring the certification of those professionals practicing in the profession being regulated; and
     Whereas, There is increasing awareness that student athletes in competitive individual and team sports in which participation may result in injury are at a greater risk of serious injury or death when athletic trainers and other professionals and para- professionals are not present at practices and games; and
     Whereas, It is the desire of the Legislature to determine the specific risks to, and the needs of, West Virginia's student athletes and the appropriate use and qualifications for athletic trainers and other professionals and para-professionals to minimize risk and address those needs; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the adequacy of current law in protecting the health and safety of West Virginia's secondary and post-secondary student athletes participating in athletic programs, the utilization of athletic trainers and other professionals and para- professionals in connection with sports programs in West Virginia and otherwise protecting the public interest; and, be it
     Further Resolved, That the Joint Committee on Government and Finance is also requested to study and evaluate: The current risks to our participating student athletes; the experience of our public schools, colleges and universities in managing these risks and protecting student health and safety; current best practices with respect to utilizing athletic trainers and other professionals and para-professionals at practices and athletic events; the desirability of promulgating training and certification standards for athletic trainers and other professionals and para- professionals; and such other related issues as may arise in the course of this study; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               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
     Senate Concurrent Resolution No. 57 (originating in the Committee on Health and Human Resources)--
Requesting the Joint Committee on Government and Finance study state efforts to prepare for and respond to emergencies, acts of terrorism, bioterrorism and threats to the health, safety and well-being of West Virginia citizens.
     Whereas, The nation is on heightened security alert status in the wake of terrorist attacks and security emergencies at home and abroad; and
     Whereas, The safety, health and well-being of West Virginia citizens is a priority of the state; and
     Whereas, West Virginia citizens have been deployed abroad in support of national security interests; and
     Whereas, The Senate Health Subcommittee on Bioterrorism/ Homeland Security has received requests to present information during the interim sessions from public and private agencies and other entities concerned with homeland security and emergency preparedness and response; and
     Whereas, The Legislature desires information to facilitate informed decisions about preparedness and response against the threat of emergencies, terrorist and bioterrorist attacks against the citizens of West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance study state efforts to prepare for and respond to emergencies, acts of terrorism, bioterrorism and threats to the health, safety and well- being of West Virginia citizens; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.

     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Senate Concurrent Resolution No. 58 (originating in the Committee on Education)--Requesting the Joint Committee on Government and Finance study the office of county superintendent of schools with regard to the powers and duties of the superintendent, compensation and benefits, and administration and management of the county school system.
     Whereas, Statistics from 2000, the most recent year for which data is available, show that approximately 75 percent of the county superintendents in the state will be eligible to retire by two thousand five; and
     Whereas, Several factors significantly affect the ability of a county to attract the most capable, highly motivated and well- qualified persons to serve as superintendents, including salary and benefits commensurate with the responsibilities of the position and the presence on the county board of education of members who are more effective and well-trained; and
     Whereas, County boards, educators and the citizens of the state will benefit from an investigation of various factors relating to the recruitment of county superintendents and determination of the proper remuneration and benefits for such persons, including varied innovations in compensation strategies, some of which focus on heightening degrees of accountability; and
     Whereas, Recruitment is made more difficult by the lack of significant pay differentials between the position of county superintendent and the positions of other professional administrative personnel in the county school system despite the fact that the position of superintendent is one of heightened demands, including accountability to a county board of education, various constituencies and the general public; and
     Whereas, It may create efficiencies and cost savings to allow one individual to hold the position of county superintendent in more than one county; and
     Whereas, Reliable data on all these issues, coupled with investigation of factors that affect development of an effective county board central office management team, will prove immensely valuable in planning strategies to enhance the efficiency and effectiveness of county superintendents in West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the office of county superintendent of schools with regard to the powers and duties of the superintendent, compensation and benefits and administration and management of the county school system; and, be it
     Further Resolved, That the Joint Committee on Government and Finance is requested to review, examine and study the laws, policies and practices affecting the office of county superintendent and the operations of the county school system management team; and, be it
     Further Resolved, That relevant factors affecting the issues proposed for study shall include, but are not limited to:
     (1) Projections of the supply and demand for superintendent candidates in West Virginia;
     (2) Investigation of compensation and benefits provided to county superintendents, especially innovation approaches in these matters; and
     (3) Consideration of matters relating to effective management, including, but not limited to, seniority and length of contracts for administrators accountable to the superintendent and his or her flexibility or discretion in assembling a management team; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Senate Concurrent Resolution No. 59 (originating in the Committee on Education)--Requesting the Legislative Oversight Commission on Education Accountability study the duties, roles and operations of the Office of Education Performance Audits.
     Whereas, As the constitutional body charged with providing for a thorough and efficient system of schools, the Legislature created the Office of Education Performance Audits within the state Board of Education in Enrolled Committee Substitute for House Bill No. 4306 during the regular session of the Legislature, one thousand nine hundred ninety-eight; and
     Whereas, The Legislature created the Office of Education Performance Audits to assist the State Board of Education in the operation of a system of education performance audits to enable the State Board to determine whether a thorough and efficient education is being provided and to assist the State Board in making determinations regarding the accreditation status of schools and the approval status of school systems; and
     Whereas, Federal law known as the No Child Left Behind Act, which was passed by the United States Congress in two thousand two, outlines more stringent measures of assessment and accountability for education in West Virginia and other states; and
     Whereas, The case of Tomblin, et. al. v. Gainer, et. al. has declared that the system of education in West Virginia is constitutional because of the efforts of the Legislature and the state Board of Education to be more accountable and equitable, due largely to the creation and implementation of the Office of Education Performance Audits; and
     Whereas, The Legislature finds that as the trend in education across the United States and West Virginia continues to move away from an inputs-based model of education to a system that is comprised of measurable and accountable performance, the roles and duties of the Office of Education Performance Audits change to meet the new accountability needs of education in West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislative Oversight Commission on Education Accountability is hereby requested to study the duties, roles and operations of the Office of Education Performance Audits
; and, be it
     Further Resolved, That the study shall include, but is not limited to, consideration of the following areas:
     (1) Reviewing the current operations of the Office of Education Performance Audits;
     (2) Reviewing how well the Office of Education Performance Audits works with other agencies to avoid duplicating oversight of common areas of inspection and review;
     (3) Reviewing and determining the role and duties of the Office of Education Performance Audits that were instrumental in persuading the court of its value to our system of thorough and efficient education and determining how to maintain the role and duties in light of other recommendations;
     (4) Comparing the duties and performance of the Office of Education Performance Audits to agencies across the country with similar responsibilities, especially such agencies in the member states of the Southern Regional Education Board;
     (5) Soliciting the assistance of the Education Commission of the States, the National Conference of State Legislatures and the Southern Regional Education Board in the study;
     (6) Considering the establishment of a process for appeal of alleged standards violations; and
     (7) Determining the appropriate organizational structure and operating procedures for the Office of Education Performance Audits in the future; and, be it
     Further Resolved, That the Legislative Oversight Commission on Education Accountability report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Robert H. Plymale,
                               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. 2126, Strengthening penalties relating to violations of fire laws and 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. 2126) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Kessler, the bill was rereferred to the Committee on the Judiciary.
     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. 2281, Raising the allowable earnings limit of higher education faculty who retired under the severance plan.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on Pensions; and then 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. 2281) 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 triple committee reference, was referred to the Committee on Pensions; and then to the Committee on Finance, with an amendment from the Committee on Education pending.
     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. 2363, Authorizing the tax commissioner to suspend a business registration certificate if any business neglects to pay real property taxes thirty days after the delinquent tax list is published.
     With amendments from the Committee on the Judiciary pending;
     And has also amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 5, 2003;
     And reports the same back with the recommendation that it do pass as amended by the Committee on the Judiciary to which the bill was first referred; and as last amended by the Committee on Finance.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Eng. Com. Sub. for House Bill No. 2438, Allowing teachers who withdrew from the teachers retirement system in favor of the defined contribution retirement system to return to the teachers retirement system.
     Eng. Com. Sub. for House Bill No. 2875, Eliminating a gap in employment for employees participating in the public employees insurance plan who were subject to a reduction in force and who are reemployed and reenter the plan.
     And,
     Eng. Com. Sub. for House Bill No. 3109, Bringing the provisions of the teachers defined contribution retirement system in conformity with those of the teachers retirement system.
     And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     At the request of Senator Jenkins, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2438, 2875 and 3109) contained in the preceding report from the Committee on Pensions were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. House Bill No. 2486, Continuing the public employees insurance agency.
     Eng. House Bill No. 2670, Continuing the office of judges until July 1, 2009.
     Eng. House Bill No. 2829, Continuing the division of culture and history.
     Eng. House Bill No. 2830, Continuing the division of natural resources.
     Eng. House Bill No. 2831, Continuing the records management and preservation board.
     Eng. House Bill No. 2864, Continuing the office of explosives and blasting.
     Eng. House Bill No. 2888, Continuing the board of osteopathy.
     Eng. House Bill No. 2889, Continuing the board of examiners of psychologists.
     And,
     Eng. House Bill No. 2916, Continuing the state geological and economic survey.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. H. B. Nos. 2486, 2670, 2829, 2830, 2831, 2864, 2888, 2889 and 2916) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. House Bill No. 2505, Allowing municipalities to establish a procedure for run-off elections in cases of tie votes in municipal elections.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 2505) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Eng. Com. Sub. for House Bill No. 2675, Mandating insurance coverage for certain clinical trials for ordinary costs of covered services.
     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,
                               Joseph M. Minard,
                               Chair.
     At the request of Senator Minard, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2675) 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 Finance, with amendments from the Committee on Banking and Insurance pending.
     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. 2684, Authorizing the commissioner of department of highways to set certain speed limits.
     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. 2684) 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. 2693, Providing the ability to define and draw DNA samples from convicted felons for maintaining a DNA database.
     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. 2693) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Kessler, the bill was rereferred to the Committee on the Judiciary, 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. House Bill No. 2700, Adding health maintenance organization review committee to the definition of "review organizations".
     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. 2700) 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. 2818, Authorizing the county commissions of growth counties to include the transfer of development rights as part of a zoning ordinance.
     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. 2818) 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. 2823, Modifying delinquent real and personal property collection and purchase requirements.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2823) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.
     Senator 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. 2828, Increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees.
     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. 2828) 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 Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. House Bill No. 2840, Increasing the number of members on the Greater Huntington Park and making other changes in the act.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 2840) contained in the preceding report from the Committee on Government Organization 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. 2847, Making the law-enforcement agency that places a person under arrest responsible for that person's initial transportation to a regional or county jail.
     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. 2847) 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 Sharpe, 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. 2880, Underground storage tanks registration fees.
     With amendments from the Committee on the Judiciary pending;
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 4, 2003;
     And reports the same back with the recommendation that it do pass as amended by the Committee on the Judiciary to which the bill was first referred.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Vice 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. House Bill No. 2882, Limiting requirements for stays for appeals under the surface coal mining and reclamation act for unjust hardship.
     Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 5, 2003;
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               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
     Eng. Com. Sub. for House Bill No. 2895, Requiring eight hours annually of dementia specific training for staff in nursing homes and personal care homes.
     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.
     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. 2991, Relating to the fee charged by fiduciary commissioners in settling an estate.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2991) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.
     Senator 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. 3027, Authorizing the tax commissioner to waive tax, interest and penalties in specified circumstances which are otherwise imposed on uncompensated members of the governing board or board of directors of certain tax exempt organizations.
     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. 3027) 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 Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Eng. House Bill No. 3032, Relating to setting forth purpose of the consolidated public retirement board.
     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,
                               Evan H. Jenkins,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Pensions pending.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. House Bill No. 3050, Authorizing the county commission of Jefferson County to convey parcel of county-owned land to the Jefferson County fairgrounds.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 3050) contained in the preceding report from the Committee on Government Organization 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. 3056, Providing for the regulation of intrastate driving hours of for-hire carriers.
     Eng. House Bill No. 3062, Authorizing stockholders of closely held corporations to file suit for partition of real estate owned by the corporation when the real estate is the only substantial asset of the corporation.
     And,
     Eng. House Bill No. 3093, Requiring county commissions to follow geographic physical features recognized by the United States Census Bureau when determining precinct boundaries.
     And reports the same back with the recommendation that they each do pass.
                              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. 3056, Eng. H. B. No. 3062 and Eng. H. B. No. 3093) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 3070, Providing that a mass convention of a political party, to elect delegates to the state convention, be held in the county instead of the various magisterial districts.
     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. 3070) 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. Com. Sub. for House Bill No. 3075, Providing for nonrelative visitation for health care patients.
     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.
     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. 3089, Modifying various requirements of financial institutions notifying the real estate commission in certain circumstances.
     And has amended same.
     And,
     Eng. House Bill No. 3105, Eliminating the interest payment on any untimely provider paid claims for health care services if the amount of interest is less than one dollar.
     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 the Judiciary.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     At the request of Senator Kessler, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of Engrossed House Bill No. 3089 contained in the foregoing report from the Committee on Banking and Insurance.
     At the request of Senator Minard, unanimous consent being granted, Engrossed House Bill No. 3089 contained in the preceding report from the Committee on Banking and Insurance was 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. 3105 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 amendments from the Committee on Banking and Insurance pending.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. Com. Sub. for House Bill No. 3092, Clarifying the prohibited discrimination and changing the employee's remedy for a violation of prohibited acts.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Kessler, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3092) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. House Bill No. 3141, Requiring the contractor licensing board to provide renewal notice to licensees.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 3141) contained in the preceding report from the Committee on Government Organization 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.
     Pending announcement of a meeting of a standing committee of the Senate,
     On motion of Senator Chafin, the Senate recessed for five minutes.
Night Session

     Upon expiration of the recess, the Senate reconvened and resumed business under the fourth order.
     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. 2953, Establishing a mechanism to eliminate any actuarially projected unfunded liability in the Prepaid Tuition Trust Fund.
     And reports the same back without recommendation as to passage.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 2953) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Helmick, the bill was rereferred to the Committee on Finance.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, March 7, 2003, at 11 a.m.
____________