WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

SIXTH DAY

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Charleston, W. Va., Monday, January 19, 2004

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

     Prayer was offered by the Reverend Jimmie McKnight, Sixth Street Church of God, Charleston, West Virginia, who then proceeded in the singing of "God Bless the USA".
     Pending the reading of the Journal of Friday, January 16, 2004,
     On motion of Senator Rowe, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant United States military veterans privileges of the floor for the day.
     The Clerk presented a communication from the Department of Health and Human Resources, submitting its annual report of the James "Tiger" Morton Catastrophic Illness Commission as required by chapter sixteen, article five-q, section two of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Tomblin (Mr. President) presented a communication from the Board of Registration for Professional Engineers, submitting its annual report, in accordance with chapter thirty, article thirteen, section ten of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Senate proceeded to the sixth order of business.
     At the request of Senator Hunter, and by unanimous consent, Senators Hunter, Caldwell, Bailey, Dempsey, Minard, Oliverio, Boley, Deem, Weeks, Kessler, Plymale, Helmick, Chafin, Bowman, Edgell, Prezioso, McCabe, Unger, White, Fanning, Rowe, Jenkins, Sharpe, Ross, Facemyer, Love, Harrison, Smith, McKenzie, Sprouse, Minear, Guills and Tomblin (Mr. President) offered the following resolution:
     Senate Resolution No. 3--Designating Monday, January 19, 2004, as "Veterans Visibility Day".
     Whereas, From the Revolutionary War, which gave America its identity as a free and democratic nation, to this moment, America's men and women have always risen to the call of duty in order to defend and preserve our freedom and help maintain freedom throughout the world; and
     Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they must for peace and freedom; and
     Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives and thousands more have been wounded in battle; and
     Whereas, The Senate is proud to honor those currently serving in harm's way in Iraq, Afghanistan and in other countries all over the world to protect democracy from the threat of terror; and
     Whereas, It is always important that we honor the many brave West Virginians who have faced the enemy, been wounded and even given their lives for not only our freedom, but for freedom around the world; and
     Whereas, We should remember the words of President John F. Kennedy who said, "Our goal is not the victory of might, but the vindication of right -- not peace at the expense of freedom, but both peace and freedom, here in this hemisphere, and, we hope, around the world. God willing, that goal will be achieved."; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby designates Monday, January 19, 2004, as "Veterans Visibility Day"; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Division of Veterans Affairs.
     At the request of Senator Hunter, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     At the request of Senator Hunter, and by unanimous consent, Senator Hunter addressed the Senate regarding Veterans Visibility Day.
     Thereafter, at the request of Senator Ross, and by unanimous consent, the remarks by Senator Hunter were ordered printed in the Appendix to the Journal.
     On motion of Senator Chafin, the Senate recessed for five minutes.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
     On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     
Senate Bill No. 197--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-3b; to amend said code by adding thereto a new section, designated §18B-1B-10; and to amend and reenact §29-22A-10 of said code, all relating generally to distribution of net terminal income of racetrack video lottery terminals; reducing distributions to the tourism development fund; providing for portion of saved net lottery terminal income distribution to be deposited in the development office promotion fund and in the higher education policy commission's research challenge fund; creating such funds as special revenue funds; providing for uses and expenditures of such funds; and deleting obsolete language.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Snyder:
     
Senate Bill No. 198--A Bill to amend and reenact §18-9A-15 of the code of West Virginia, 1931, as amended, relating to the public school support allowance for increased enrollment.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Bowman, Minear, Hunter, Sharpe, Caldwell and Rowe:
     
Senate Bill No. 199--A Bill to amend §5-14-4 of the code of West Virginia, 1931, as amended, relating to correcting the statutory inconsistency of appointments to the commission for the deaf and hard-of-hearing in relation to the terms and number of appointees.
     Referred to the Committee on Government Organization.
     By Senators Bowman, Unger, Jenkins, McCabe, Kessler, Plymale, White, Caldwell, Rowe, Minard, Hunter and Fanning:
     
Senate Bill No. 200--A Bill to amend and reenact §15-2-7 of the code of West Virginia, 1931, as amended, relating to requiring the superintendent of the state police to report annually to the Legislature about the effectiveness of its efforts in recruiting minorities.
     Referred to the Committee on Government Organization.
     By Senators Bowman, Kessler and McKenzie:
     
Senate Bill No. 201--A Bill to amend and reenact §31-16-2 of the code of West Virginia, 1931, as amended, relating to updating references about members of the steel advisory commission in the code from the university system board of trustees and state college system board of directors to their successor agency, the higher education policy commission.
     Referred to the Committee on Government Organization.
     By Senators Bowman, Unger, Jenkins, Weeks, Kessler, McCabe, Caldwell, White, Fanning, Rowe, Minard, Prezioso, Plymale, Sharpe, Ross, Dempsey, Love, Facemyer, McKenzie, Smith, Harrison, Boley, Minear, Sprouse, Guills, Helmick, Oliverio, Hunter, Chafin, Edgell and Tomblin (Mr. President):
     
Senate Bill No. 202--A Bill to amend and reenact §9A-1-2 and §9A-1-3 of the code of West Virginia, 1931, as amended, all relating to including Gulf War and Afghanistan conflict veterans on the veterans council.
     Referred to the Committee on Military; and then to the Committee on Government Organization.
     By Senator Bowman:
     
Senate Bill No. 203--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5D-1-5c, relating to transferring remaining bonding functions of public energy authority to state treasurer.
     Referred to the Committee on Government Organization.
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     
Senate Bill No. 204--A Bill to amend and reenact §11-13R-6, §11-13R-11 and §11-13R-12 of the code of West Virginia, 1931, as amended, all relating to the strategic research and development tax credit; and the sale of unused excess strategic research and development credits by taxpayers eligible to claim said credit.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
     By Senator Snyder:
     
Senate Bill No. 205--A Bill to amend and reenact §5-16-23 of the code of West Virginia, 1931, as amended, relating to public employees insurance generally; and providing that members of the Legislature may be covered if they pay the same share state employees pay.
     Referred to the Committee on Finance.
     By Senator Smith (By Request):
     
Senate Bill No. 206--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-15-9, relating to making it unlawful to offer for sale or sell products created, wholly or in part, by county or regional jail inmates; and providing criminal penalty.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Kessler, Jenkins, Sharpe and Rowe:
     
Senate Bill No. 207--A Bill to amend and reenact §33-3-33 of the code of West Virginia, 1931, as amended, relating to the residency restriction reporting requirement for excess lines brokers remitting the insurance policy surcharge.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Unger, Kessler, Prezioso, Sharpe, Jenkins, Caldwell, Rowe, Smith, McKenzie, Boley, White, McCabe, Fanning, Dempsey, Hunter and Facemyer:
     
Senate Bill No. 208--A Bill to amend and reenact §15-2-13 of the code of West Virginia, 1931, as amended, relating to allowing members of the West Virginia state police to participate in political activities when not on duty and not wearing a uniform.
     Referred to the Committee on the Judiciary.
     By Senators Tomblin (Mr. President), Chafin, Sharpe, Minear, Ross, Unger, McCabe, Rowe, Fanning, Facemyer, Helmick, White, Plymale, Jenkins, Sprouse and Bowman:
     
Senate Bill No. 209--A Bill to amend and reenact §5-6-4 of the code of West Virginia, 1931, as amended; and to amend and reenact §5A-3-40 of said code, all relating to state interest in real property; requiring presentation of certain information to the joint committee on government and finance; tax exemptions not affected by leasebacks; exemptions available to private entity who is a party to the leaseback; leasebacks to be considered public improvements; and personal liability of a private entity who is a party to a leaseback.
     Referred to the Committee on Government Organization.
     By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
     
Senate Bill No. 210--A Bill to repeal §11-12C-1, §11-12C-2, §11-12C-3, §11-12C-4, §11-12C-5, §11-12C-6, §11-12C-7, §11-12C-8, §11-12C-9, §11-12C-10, §11-12C-11 and §11-12C-12 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §31D-5-501a; to amend and reenact §31D-14-1420 of said code; to amend and reenact §31D-15-1530 of said code; to amend said code by adding thereto a new section, designated §31E-5-501a; to amend and reenact §31E-13-1320 of said code; to amend and reenact §31E-14-1430 of said code; to amend said code by adding thereto a new section, designated §47-9-8a; to amend and reenact §47-9A-4 of said code; and to amend and reenact §59-1-2 of said code, all relating to repealing the corporate license fee; filing of an annual report by domestic and foreign corporations; annual registration fee; administrative dissolution; revocation for failure to do so; filing of an annual report by domestic and foreign nonprofit corporations; annual registration fee; administrative dissolution or revocation for failure to do so; filing of an annual report by domestic and foreign limited partnerships; annual registration fee; application of the requirement of the filing of an annual report together; annual registration fee for corporations to voluntary associations and business trusts; preserving the attorney-in-fact fee; and preserving the dedication of half of the attorney-in-fact fee to the special revenue account used for the operation of the office of the secretary of state.
     Referred to the Committee on Finance.
     By Senators Sprouse, Minear, Guills, Weeks, Harrison, Smith and Facemyer:
     
Senate Bill No. 211--A Bill to amend and reenact §23-2-1 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-1-10 of said code, all relating to workers' compensation.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Rowe, Kessler and Caldwell:
     
Senate Bill No. 212--A Bill to amend and reenact §17C-17-6 of the code of West Virginia, 1931, as amended, relating to the requirement that certain loads of motor vehicles be covered; and making the operator and the owner of the vehicle violating this section guilty of a misdemeanor.
     Referred to the Committee on Transportation; and then to the Committee on the Judiciary.
     By Senator Rowe:
     
Senate Bill No. 213--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6-13, relating to petitions for changes of custody when a caretaker-relative has temporary parental custody of a related child or children; providing a presumption to continue custody with a caretaker-relative when a change of custody petition is sought as being in the best interest of the child or children when the caretaker-relative with temporary parental custody of a related child or children has had custody of the child or children for at least eight of the last twelve months preceding the petition filing date; and providing that a caretaker-relative continues to have temporary custody until the end of the school year when a change of custody petition has been granted during the school year unless shown to do so would not be in the best interest of the child or children.
     Referred to the Committee on the Judiciary.
     By Senator Rowe:
     
Senate Bill No. 214--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-22-5a, relating to board of landscape architects; and authorizing the board to set fees by rule.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Oliverio, Rowe, Kessler, Hunter, Unger, Jenkins, Plymale and McCabe:
     
Senate Bill No. 215--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-24-1, §17C-24-2, §17C-24-3 and §17C-24-4, all relating to requiring persons who operate all-terrain vehicles who are under the age of eighteen years to wear helmets; prohibiting persons under the age of eighteen from riding on an all-terrain vehicle that is operated by another person under the age of eighteen; providing penalties for violation; exempting commercial and farm use from application of article; and providing for local or county regulation or prohibition of all-terrain vehicles.
     Referred to the Committee on Transportation; and then to the Committee on the Judiciary.
     By Senator Unger:
     
Senate Bill No. 216--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21A-2-24, relating to the bureau of employment programs; conducting comparative cost-of-living studies within the fifty-five counties of the state; and reporting the results of the study to the joint committee on government and finance by the first day of December every year.
     Referred to the Committee on Finance.
     By Senators Unger, Kessler, Prezioso, Ross, Caldwell, McKenzie, Dempsey, Bowman and Sharpe:
     
Senate Bill No. 217--A Bill to amend and reenact §15-2A-6 of the code of West Virginia, 1931, as amended, relating to lowering the retirement age for state troopers with twenty years of service from the age of fifty-five to the age of fifty.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senators Unger, Prezioso, Ross, Fanning, Caldwell, Smith, McKenzie, Sharpe, Oliverio, Hunter, Dempsey, Sprouse, Love, Weeks, Boley, Edgell, Plymale, Kessler, Helmick, Bowman, McCabe, Rowe, Jenkins, Minard, Tomblin (Mr. President), White, Facemyer and Deem:
     
Senate Bill No. 218--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-12a, relating to authorizing municipalities to permit certain veterans to park free.
     Referred to the Committee on the Judiciary.
     By Senators Rowe, McCabe, Caldwell and Love:
     
Senate Bill No. 219--A Bill to amend and reenact §7-1-3v of the code of West Virginia, 1931, as amended, relating to authority of county commissions to create a flood plain enforcement agency.
     Referred to the Committee on the Judiciary.
     By Senators Weeks and Smith:
     
Senate Bill No. 220--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-26, relating to allowing pharmacists and other individuals involved in dispensing medicines to refuse to fill prescriptions or dispense any substance that can be used as an abortifacient or that can be used as part of an abortion-related procedure; providing employee protection; and providing criminal penalty.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senator Facemyer:
     
Senate Joint Resolution No. 3--Proposing an amendment to the Constitution of the State of West Virginia, amending section 13, article VI thereof, relating to eligibility of the citizens of the state to seat in the Legislature; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     Referred to the Committee on the Judiciary.
     Senators Minard and Caldwell offered the following resolution:
     Senate Concurrent Resolution No. 5--Requesting the Joint Committee on Government and Finance study the feasibility of requiring certain insurance carriers to provide credit counseling and other services.
     Whereas, Many West Virginia citizens suffer the consequences of having received adverse credit scores; and
     Whereas, Many West Virginia citizens have received these adverse credit scores erroneously; and
     Whereas, Some of the consequences suffered by West Virginia citizens due to policy rerating based on adverse credit scores include increased premiums for homeowners' insurance and motor vehicle liability insurance; and
     Whereas, Other consequences suffered by West Virginia citizens due to adverse credit scores include denials of coverage for homeowners' and motor vehicle insurance; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the feasibility of requiring certain insurance carriers to provide credit counseling and other services; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with any drafts of legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Plymale, Chafin, McCabe, Jenkins, Fanning, Kessler, Helmick, Ross, White, Rowe, Sharpe, Oliverio, Hunter, McKenzie, Minear, Bowman and Tomblin (Mr. President) offered the following resolution:
     Senate Concurrent Resolution No. 6--Requesting the United States Congress provide funding for the development of a double- stack-compatible rail route through West Virginia in order to improve West Virginia's access to affordable rail and truck transportation.
     Whereas, Efficient and affordable intermodal transportation has emerged as an essential element in international trade. The absence of rail and truck intermodal capacity severely restricts any region's ability to access global markets; and
     Whereas, For most of West Virginia, exiting intermodal routes are too distant to provide a competitive alternative for the state's producers. As a consequence, most West Virginia commerce is isolated from burgeoning international opportunities; and
     Whereas, West Virginia has invited its two Class I railroads, CSX Transportation and Norfolk Southern Corporation, to explore remedies that would improve West Virginia's access to affordable rail and truck intermodal transportation; and
     Whereas, The most efficient land-side form of international container movement involves stacking containers two-high on railroad cars. This specific form of intermodel transportation is known as "double-stacking"; and
     Whereas, Currently there are no rail routes in West Virginia capable of accommodating double-stacked containers, so that double- stack services cannot be offered to most of the state's producers, and has an adverse effect on out-of-state producers to travel to other states; and
     Whereas, Providing adequate clearances for double-stack movement in West Virginia would require that tunnels and other track structures be modified; and
     Whereas, Clearing a West Virginia routing for the movement of double-stacked containers would provide significant benefits to the residents of West Virginia and adjoining states and to the participating rail carriers and the businesses who use them. Providing the routing for the movement of such containers should be pursued by a partnership that includes both public and private entities; and
     Whereas, Funding for implementing doubled-stacked rail carriers in West Virginia is important to advanced infrastructure improvements; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the United States Congress provide funding for the development of a double-stack- compatible rail route through West Virginia in order to improve West Virginia's access to affordable rail and truck transportation; and, be it
     Further Resolved, That the United States Congress should consider that the implementation of this type of intermodal transportation would not only greatly benefit the citizens of West Virginia, but would also have a multistate effect on business and industry and economic development; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation.
     At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senators McCabe, Rowe, Caldwell, Unger, Kessler, Bowman, Prezioso and Edgell offered the following resolution:
     Senate Concurrent Resolution No. 7--Requesting the Joint Committee on Government and Finance study the feasibility of expanding Tamarack's appeal in the eastern United States by establishing a greater regional presence.
     Whereas, Tamarack attracted nearly three million visitors in its first five years, approximately 72 percent of whom were out-of- state residents; and
     Whereas, Tamarack purchases products from West Virginia artisans in all 55 counties and its operations have generated over two million dollars in state sales tax revenue; and
     Whereas, Expanding Tamarack's role as an ambassador of the "Best of West Virginia" to a greater percentage of the population of the eastern United States would enhance the business of Tamarack, promote the state's craft and tourism industries, continue to provide jobs and further enhance the image of 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 feasibility of expanding Tamarack's appeal in the eastern United States by establishing a greater regional presence; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Prezioso, Unger, Caldwell, Jenkins, Helmick, Plymale, Fanning, Ross, Dempsey, Hunter, Rowe, Kessler, Guills, Sprouse, Oliverio, White, Bowman, Tomblin (Mr. President) and Sharpe offered the following resolution:
     Senate Concurrent Resolution No. 8--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 paraprofessionals 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 paraprofessionals 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 paraprofessionals 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 paraprofessionals 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; the current best practices with respect to utilizing athletic trainers and other professionals and paraprofessionals at practices and athletic events; the desirability of promulgating training and certification standards for athletic trainers and other professionals and paraprofessionals; 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, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Jenkins, Plymale, Rowe, Edgell, Caldwell, Prezioso, Bowman, Kessler, Sharpe, Ross, Dempsey, Love, Hunter, McKenzie, Sprouse, Fanning, White, Facemyer, Unger and Minard offered the following resolution:
     Senate Concurrent Resolution No. 9--Requesting the Joint Committee on Government and Finance appoint an interim committee to study the feasibility of converting the Teachers Defined Contribution Retirement System to a defined benefit retirement system.
     Whereas, There is continuing interest among members of the Teachers Defined Contribution Retirement System in converting the system to a defined benefit retirement system; and
     Whereas, The financial ramifications of converting the Teachers Defined Contribution Retirement System to a defined benefit retirement system, including potential creation of additional unfunded liability of the state, bear further study to determine feasibility; and
     Whereas, Other costs and benefits of converting the Teachers Defined Contribution Retirement System also warrant further study; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study the feasibility of converting the Teachers Defined Contribution Retirement System to a defined benefit retirement system; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     The Senate proceeded to the tenth order of business.
     Senate Bill No. 196, Allowing activities on school instructional support and enhancement days to occur in any order.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senators White and Love.
     Thereafter, at the request of Senator Hunter, and by unanimous consent, the remarks by Senators White and Love were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the thirteenth order of business.
     At the request of Senator McKenzie, unanimous consent being granted, it was ordered that the Journal show had Senator McKenzie been present in the chamber on Friday, January 16, 2004, he would have voted "yea" on the passage of Engrossed Senate Bill No. 166.
     Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, January 20, 2004, at 11 a.m.
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