WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

SIXTEENTH DAY

____________

Charleston, W. Va., Thursday, January 29, 2004

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

     Prayer was offered by Dr. Joe L. Nelson, Spreading Truth Ministries, Parkersburg, West Virginia.
     Pending the reading of the Journal of Wednesday, January 28, 2004,
     On motion of Senator Bowman, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4037--A Bill to amend and reenact §49-5-17 of the code of West Virginia, 1931, as amended, relating to providing certain juvenile justice records to public school officials and limiting disclosure of certain records.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     The Senate proceeded to the fourth order of business.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 199, Relating to appointments to commission for deaf and hard-of-hearing.
     And,
     Senate Bill No. 200, Requiring state police to annually report to Legislature effectiveness of recruiting minorities.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 209, Requiring certain agreements for state office space be approved by joint committee on government and finance.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 209 (originating in the Committee on Government Organization)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-4a, relating to requiring review of certain state leases and purchases of real property by the joint committee on government and finance; and exceptions.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 231, Creating flood plain enforcement agency.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 231 (originating in the Committee on Government Organization)--A Bill to amend and reenact §7-1-3v of the code of West Virginia, 1931, as amended, relating to county commissions generally; authorizing county commissions to identify flood plain areas to protect health, safety and welfare; and permitting county commissions to establish a flood plain enforcement agency to enforce building codes necessary to comply with the requirements of the National Flood Insurance Act.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               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. 4022, Creating "The All-Terrain Vehicle Safety Regulation Act".
     With amendments from the Committee on Transportation pending;
     And has also amended same.
     And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
                              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. 4022) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: 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, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
     The nays were: Oliverio, Smith and Weeks--3.
     Absent: Bailey--1.
     The bill (Eng. Com. Sub. for H. B. No. 4022) was then read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 17F. ALL-TERRAIN VEHICLES.

ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator; penalties for violations.
(a) No all-terrain vehicle may be operated in this state:

     (1) On any interstate highway except by public safety personnel responding to emergencies;
     (2) On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street or highway, unless:
     (A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
     (B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
     (C) The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
     (D) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped;
     (3)  With no more than one passenger unless more passengers are allowed under manufacturers' recommendations or with a passenger under the age of eighteen, unless the operator has at a minimum a level two intermediate driver's license or its equivalent;
     (4) Unless riders under the age of eighteen are wearing protective helmets that meet the current performance specifications established by the American national standards institute standard, Z 90.1, the United States department of transportation federal motor vehicle safety standard no. 218 or Snell safety standards for protective headgear for vehicle users;
     (5) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;
     (6) Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system; or
     (7) Unless operating in compliance with the provisions of section two of this article.
     (b) Any person not exempted by the provisions of this article who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
     (c) Notwithstanding any provision of this chapter to the contrary, an all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder or, if no shoulder, as close as possible to the edge of any road, street or highway, other than an interstate highway, for a reasonable distance if:
     (1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
     (2) The vehicle is operated at anytime from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
     (d) For purposes of subsection (c) of this section, the reasonable distance which may be traveled for the sole purpose of getting from one trail, field or area of operation to another upon the shoulder or, if no shoulder, as close as possible to the edge of any road, street or highway, other than an interstate highway, shall not exceed ten miles.
     (e) Notwithstanding the provisions of this chapter to the contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain paved roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, or for specified purposes, or in emergencies.
§17F-1-2. Safety training.
     (a) On and after the first day of September, two thousand four, the commissioner of the division of motor vehicles shall offer a free all-terrain vehicle rider safety training course, and may approve other all-terrain vehicle rider safety training courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer free safety training course materials to authorized dealers of all-terrain vehicles for use by purchasers and potential purchasers free of charge.
     (b) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all-terrain vehicles to issue the certificates of completion.
     (c) On and after the first day of January, two thousand five, no person under the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider training course as offered or approved by the commissioner.
§17F-1-3. Local government authority to regulate.
     (a) A municipality may regulate in any manner or prohibit, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.
     (b) Homeowner associations may petition the county commission of the county in which the area regulated by the homeowner association is located for an ordinance to regulate or prohibit the operation of all-terrain vehicles upon any street, road or avenue within the area regulated by the homeowner association. County commissions are hereby authorized, upon receipt of a petition authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the operation of all-terrain vehicles.
§17F-1-4. All-terrain vehicle rental dealers required to provide safety equipment.

     Any person or entity renting or leasing all-terrain vehicles for recreational purposes must provide protective helmets as defined by the provisions of subdivision (3), subsection (a), section one of this article to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the age and identity of the users of the all-terrain vehicle must be disclosed to the person or entity providing the rented or leased vehicle.
§17F-1-5. Private property exemption.
     Except as provided by the provisions of subdivision (3), subsection (a), section one of this article, the provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned or leased by the vehicle owner or on private lands of others with the owner's permission: Provided, That riders under the age of eighteen must wear protective helmets as required by the provisions of subdivision (4), subsection (a), section one of this article whether on public or private lands.
§17F-1-6. Exemption for farm, commercial use; current regulations.
     Except as provided by the provisions of section three of this article, nothing in this article may be construed to preclude the use or operation of all-terrain vehicles for lawful nonrecreational commercial purposes, including, but not limited to, farm use, oil and gas operations, timbering, surveying and public utilities access. Nothing in this article may be construed to supersede provisions of existing code or rule regulating the operation of all-terrain vehicles.
     On motion of Senator Oliverio, the following amendment to the Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4022) was reported by the Clerk:
     On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§17F-1-1. Short title.
     This article shall be known and may be cited as "The Child Safety All-Terrain Vehicle Act".
§17F-1-2. Acts prohibited by operator.

     (a) In addition to any other provision of this code requiring measures for child safety, no all-terrain vehicle may be operated in West Virginia by a person less than eighteen years of age or with a passenger less than eighteen years of age as follows:
     (1) Unless all persons on the all-terrain vehicle who are under the age of eighteen are wearing protective helmets. Any helmet worn by such child shall meet the current performance specifications established by the American national standards institute standard, Z 90.1, the United States department of transportation federal motor vehicle safety standard no. 218 or the Snell safety standards for protective headgear for vehicle users;
     (2) With any passenger, unless the manufacturer has specified that the all-terrain vehicle is designed for and may be safely used by a rider and one or more passengers;
     (3) Anytime from sunset to sunrise unless accompanied by a parent or guardian and utilizing the vehicle's illuminated headlight or lights and taillights;
     (4) Without a manufacturer-installed or equivalent spark arrester and muffler in proper working order and properly connected to the vehicle's exhaust system;
     (5) Unless having completed safety training as required in section two of this article;
     (6) In a careless or reckless manner so as to endanger or cause injury or damage to any person or property;
     (7) When operated at a speed greater than the speed allowed for motor vehicles passing near a school while children are present.
     (b) No provision of this section may be construed to prohibit a municipal, county or state law-enforcement officer from entering upon private lands while in active pursuit of an operator of an all-terrain vehicle who is a child, or who may be operating an all- terrain vehicle with a child passenger, and who has violated a provision of this section if the violation occurred in the officer's presence.
     (c) No operator of an all-terrain vehicle who is a child or who has a child passenger may operate an all-terrain vehicle upon the fenced, enclosed or posted grounds or lands of another person without the written permission of the landowner or authorized agent of the landowner. Each operator while operating an all-terrain vehicle on such land must have the landowner's or his or her authorized agent's written permission in his or her possession.
§17F-1-3. Safety training.
     (a) On and after the first day of January, two thousand five, the commissioner of the division of motor vehicles shall offer a free all-terrain vehicle rider safety training course, and may approve other free all-terrain vehicle rider safety training courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer safety training course materials free of charge to authorized dealers of all-terrain vehicles. The materials and courses shall be provided by the authorized dealers free of charge to purchasers and potential purchasers.
     (b) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all-terrain vehicles to issue the certificates of completion so long as the dealer has provided a free rider safety training course, as authorized and approved by the division.
     (c) On and after the first day of January, two thousand five, a person under the age of eighteen years old may operate an all- terrain vehicle only after obtaining a certificate of completion of an all-terrain vehicle rider training course offered or approved by the commissioner. A person with a valid driver's license who is eighteen years of age or older may operate an all-terrain vehicle without a certificate of completion.
     (d) The certificate of completion shall specify the engine capacity of the all-terrain vehicle the certificate holder is authorized to operate. The determination of authorized engine capacity may be based upon the age, size, strength and coordination of the child and his or her proven ability to safely operate an all-terrain vehicle of a specified size. The parent or legal guardian of a child under the age of eighteen may request that the commissioner certify a larger engine capacity all-terrain vehicle for the child if the child has safely operated an all-terrain vehicle with a larger engine capacity prior to the enactment of this article. The parent or legal guardian must certify that the all-terrain vehicle is owned by the child, parent, legal guardian or grandparent of the child and that it is primarily used by the child. The child must satisfactorily complete an approved safety training course on the larger all-terrain vehicle. The provisions of this subsection that authorize the certification of children for operation of larger that the approved size for all-terrain vehicles by the commissioner of the division of motor vehicles expires twenty-four months after the enactment of this article.
§17F-1-4. All-terrain vehicle rental dealers required to provide safety equipment.

     Any person or entity renting or leasing all-terrain vehicles for recreational purposes must provide protective helmets as defined by the provisions of section forty-four, article fifteen, chapter seventeen-c of this code to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen years of age and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the users of the all-terrain vehicle must be known to the person or entity providing the rented or leased vehicle.
§17F-1-5. Criminal penalties.
     (a) Notwithstanding the provisions of subsection (b) of this section and in addition to any other legal remedy for violation of civil or criminal provisions of this code, any person who violates or who owns or has control over an all-terrain vehicle and knowingly permits it to be used by a child in violation of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
     (b) Any parent, legal guardian or person who has actual responsibility for a child under eighteen years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle without a helmet as required under the provisions of §17F-1-2(a)(1) is guilty of a misdemeanor and shall, upon conviction of a first offense, be fined not less than fifty dollars nor more than one hundred dollars or, in the discretion of the court, sentenced to perform not more than ten hours of community service, or both. Upon conviction of a second offense, he or she shall be fined not less than one hundred dollars nor more than two hundred dollars or, in the discretion of the court, sentenced to perform not more than twenty hours of community service, or both. Upon conviction of a third or subsequent offense, he or she shall be fined not less than two hundred dollars nor more than five hundred dollars or, in the discretion of the court, sentenced to perform not more than one hundred hours of community service, or both.
     Following discussion,
     At the request of Senator Ross, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4022) was laid over one day, retaining its place on the calendar, with Senator Oliverio's amendment to the Judiciary committee amendment to the bill pending.
     Thereafter, at the request of Senator Minard, and by unanimous consent, the remarks by Senator Oliverio regarding the adoption of Senator Oliverio's amendment to the Judiciary committee amendment to the bill were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Hunter, Rowe and Unger:
     Senate Bill No. 310--A Bill to amend and reenact §5-16-2, §5- 16-4, §5-16-5 and §5-16-25 of the code of West Virginia, 1931, as amended, all relating to amending the meaning of the term "employee" under provisions applicable to public employees' insurance coverage; updating reference to the statewide higher education governing body; providing one member of the public employees insurance agency finance board shall represent the interests of retired employees; reducing the number of members on the board from three to two who are selected from the public at large and requiring that they have certain experience with employee benefit programs; providing that the calculation of an employee's premium cost-share may not include any projected cost for claims of retired employees; and providing that ten percent of projected medical and prescription drug costs for employees and retirees covered by the public employees insurance agency be transferred to the established reserve fund.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Kessler, Fanning, Caldwell, Jenkins, Ross, White and Weeks:
     Senate Bill No. 311--A Bill to amend and reenact §62-1C-14 of the code of West Virginia, 1931, as amended, relating to allowing bail bondsmen to deliver offenders to county and regional jails without bailpiece; setting requirements; setting forth requirements related to medical treatment of defendant prior to authorities taking custody pursuant to a bailpiece; providing for certain immunities from liability; and providing penalties.
     Referred to the Committee on the Judiciary.
     By Senators Kessler, Fanning, Minard, Caldwell, Jenkins, Ross, White, Deem, Weeks and Oliverio:
     Senate Bill No. 312--A Bill to amend and reenact §15-2B-3 and §15-2B-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-2B- 14, all relating to DNA sample required for DNA analysis upon conviction; definitions; requiring DNA samples for certain prisoners; and providing for the standards and procedures for a right to DNA testing for certain imprisoned felons.
     Referred to the Committee on the Judiciary.
     By Senator Minard:
     Senate Bill No. 313--A Bill to amend and reenact §31-17-5, §31-17-8 and §31-17-14 of the code of West Virginia, 1931, as amended, all relating to mortgage license provisional approval; disclosure of fees in a mortgage loan; and administrative hearing, appeal and scheduling procedure.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senators Snyder and Unger:
     Senate Bill No. 314--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-5e, relating to teacher's locality pay based on the annual increase in the consumer price index as published by the United States department of labor.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Hunter, Snyder, Fanning, Kessler, Ross, Sharpe, Rowe and Tomblin (Mr. President):
     Senate Bill No. 315--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-5-11, relating to creating a mental hygiene pilot program.
     Referred to the Committee on Health and Human Resources.
     By Senators Love, Hunter, White and McKenzie:
     Senate Bill No. 316--A Bill to amend and reenact §31-20-10 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-20-10a, all relating to regional jail and correctional facility authority funds; providing statutory procedures for determining the cost per day for inmates incarcerated in facilities operated by the authority; and outlining the allocation of costs for housing inmates.
     Referred to the Committee on Government Organization.
     By Senators Love, Hunter, White, McKenzie and Rowe:
     Senate Bill No. 317--A Bill to amend and reenact §62-12-17 of the code of West Virginia, 1931, as amended, relating to allowing the commissioner of the division of corrections to increase the parolee supervision fee to forty dollars.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Love, Hunter, White and McKenzie:
     Senate Bill No. 318--A Bill to amend and reenact §28-5-27 of the code of West Virginia, 1931, as amended, relating to good time for inmates of correctional institutions; providing that good time may be credited presumptively at the beginning of an inmate?s sentence and that all of an inmate?s good time is subject to forfeiture and revocation for violation of disciplinary rules; and providing credit of good time for certain youthful offenders.
     Referred to the Committee on the Judiciary.
     By Senators Love, Hunter, White, McKenzie and Rowe:
     Senate Bill No. 319--A Bill to amend and reenact §25-4-6 of the code of West Virginia, 1931, as amended, relating to young adult offenders found unfit to remain at a center for young adult offenders; specifying entitlement to a hearing before the committing court; providing standard of review; and allowing reliance on record established at the center under specified circumstances.
     Referred to the Committee on the Judiciary.
     By Senators Hunter, Helmick and Ross:
     Senate Bill No. 320--A Bill to amend and reenact §17A-3-4 of the code of West Virginia, 1931, as amended, relating to the department of motor vehicles; application for a certificate of title and privilege tax for issuing a certificate of title; removing the requirement that a factory-built home may not be transferred, purchased or sold without a certificate of title issued by the commissioner of the division of motor vehicles; removing the requirement to pay a privilege tax on the transfer or purchase of a factory-built home; removing the criminal and civil penalties associated with failing to transfer a factory-built home by a certificate of title; and removing the cause of action provisions associated with failing to transfer title to a factory- built home by a certificate of title.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Bowman, McKenzie, Prezioso, Facemyer, Jenkins and Plymale:
     Senate Bill No. 321--A Bill to amend and reenact §11-21-12d of the code of West Virginia, 1931, as amended, relating to providing a personal income tax adjustment to the gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee.
     Referred to the Committee on Finance.
     By Senators Tomblin (Mr. President), Bailey, McCabe, Caldwell, Chafin, Fanning, Plymale, Unger and Rowe:
     Senate Bill No. 322--A Bill to amend and reenact §4-10-5 of the code of West Virginia, 1931, as amended; and to amend and reenact §5D-1-5 of said code, all relating to reconstituting the public energy authority; and authorizing bonding authority, eminent domain and long-term contracts for sale of electric power from the construction of flood mitigation dams with small electric power generator capacity.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
Petitions

     Senator Ross presented a petition from Charles S. Cline III and numerous retired school employees, requesting the Legislature provide an annual cost-of-living adjustment to the pensions of retired school employees.
     Referred to the Committee on Pensions.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 323 (originating in the Committee on Government Organization)--A Bill to amend and reenact §22-3A-11 of the code of West Virginia, 1931, as amended, relating to continuation of the office of explosives and blasting.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 324 (originating in the Committee on Government Organization)--A Bill to amend and reenact §29-6-5a of the code of West Virginia, 1931, as amended, relating to continuation of the division of personnel.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 2, Requesting Division of Highways name bridge spanning Cabin Creek and Kanawha County Route 72/3 "Mother Jones Labor Heritage Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Concurrent Resolution No. 10, Requesting Division of Highways rename East River Mountain Tunnel "H. Edward Steele Memorial Tunnel".
     On unfinished business, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was laid over one day, retaining its place on the calendar.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 138, Relating to nondisclosure of personal information maintained by state.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     The Senate proceeded to the ninth order of business.
     Senate Bill No. 111, Establishing central highlands highway authority.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 296, Continuing center for professional development board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Eng. House Bill No. 4021, Preventing the disclosure of personal information of state employees and officers, and their dependents.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 138.
     The bill (Eng. H. B. No. 4021), as amended, was then ordered to third reading.
     The Senate proceeded to the tenth order of business.
     Com. Sub. for Senate Bill No. 258, Relating to enforcement of domestic violence protective orders generally.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 286, Relating to assessment of regulated consumer lenders.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 309, Relating to medical and mental evaluations.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Smith, Bowman, McCabe, Snyder and Sprouse.
     Thereafter, at the request of Senator Sprouse, and by unanimous consent, the remarks by Senator Smith were ordered printed in the Appendix to the Journal.
     On motion of Senator Chafin, a leave of absence for the day was granted Senator Bailey.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, January 30, 2004, at 11 a.m.
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