WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

FORTY-FOURTH DAY

____________

Charleston, W. Va., Thursday, February 26, 2004

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

     Prayer was offered by the Right Reverend W. Michie Klusmeyer, Bishop, Episcopal Diocese of West Virginia, Charleston, West Virginia.
     Pending the reading of the Journal of Wednesday, February 25, 2004,
     On motion of Senator Hunter, 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 amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2004, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 209, Requiring review of certain state leases and purchases by joint committee on government and finance.
     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 6. STATE BUILDINGS.
§5-6-4a. Review of real property contracts and agreements; master plan for office space.

     (a) The secretary of administration shall provide to the joint committee on government and finance a copy of a contract or agreement for real property exceeding one million dollars and a report setting forth a detailed summary of the terms of the contract or agreement, including the name of the owner of the property and the agent involved in the sale, at least thirty days prior to any sale, exchange, transfer, purchase, lease purchase, lease or rental of real property, any refundings of lease purchases, leases or rental agreements, any construction of new buildings and any other acquisition or lease of buildings, office space or grounds by any state agency, including the higher education policy commission, but excepting the transactions of the division of highways for state road purposes pursuant to article two-a, chapter seventeen of this code: Provided, That a contract or agreement for the lease purchase, lease or rental of real property by any state agency, where the costs of real property acquisition and improvements are to be financed in whole or in part with bond proceeds, may contain a preliminary schedule of rents and leases for purposes of review by the committee.
     (b) For renewals of contracts or agreements required to be reported by the provisions of this section, the secretary of administration shall provide a report setting forth a detailed summary of the terms of the contract or agreement, including the name of the owner of the property.
     (c) Within thirty days after receipt of the contract, agreement or report, the committee shall meet and review the contract, agreement or report.
     (d) On or before the first day of July, two thousand six, the secretary of administration shall conduct an inventory of available office space and office space needs and shall develop and present a master plan for the utilization of office space for state agencies to the joint committee on government and finance.;
     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. 209--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; requiring the secretary of administration to provide copies of contracts, agreements and reports; and requiring an inventory and master plan for the utilization of office space for state agencies.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 209, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     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. 209) passed with its House of Delegates amended title.
     Senator Chafin moved that the bill take effect July 1, 2004.
     On this question, the yeas were: 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     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 S. B. No. 209) takes effect July 1, 2004.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4116--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8e, relating to veteran's honors funeral assistant community service programs; making legislative findings and stating purpose; requiring certain information and assistance from state board; requiring county board policy and specifying minimum provisions; limiting county board responsibility; and encouraging county board collaboration with organizations to assist programs.
     Referred to the Committee on Education; and then to the Committee on Finance.
     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. 4168--A Bill to amend the code of West Virginia, 1931,as amended, by adding thereto a new article, designated §46A-6K-1, §46A-6K-2, §46A-6K-3, §46A-6K-4 and §46A-6K-5, all relating to having funds available for settlement of a real estate mortgage transaction; defining applicability of the law; providing definition of terms used; providing for duty of lender; maintaining validity of loan documents; and providing a penalty for violations of the article.
     Referred to the Committee on the Judiciary.
     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. 4285--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-28-1, §48-28-2 and §48-28-3, all relating to custody of minor child or children when one spouse murders the other spouse.
     Referred to the Committee on the Judiciary.
     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. 4294--A Bill to amend and reenact §61-3-39h of the code of West Virginia, 1931, as amended, relating to removing the requirement that funds expended from the worthless check fund to pay for additional deputy clerks be proportionate to the time expended on worthless check cases.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4295--A Bill to amend and reenact §13-2G- 14 of the code of West Virginia, 1931, as amended, relating to exempting state bonds from taxation; and clarifying language in this statute.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4371--A Bill to amend and reenact §16-29F- 1 of the code of West Virginia, 1931, as amended, relating to extending the pilot program for the uninsured and underinsured from two thousand four to two thousand six.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4484--A Bill to amend and reenact §30-3- 11a of the code of West Virginia, 1931, as amended, relating to allowing the board of medicine to issue a limited license to practice medicine and surgery without examination to an individual appointed to a West Virginia medical school faculty who holds a valid license to practice medicine and surgery from another country under certain circumstances.
     At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4546--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of health and human resources - family protection services board - domestic violence legal services fund, fund 5455, fiscal year 2004, organization 0511, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4547--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the bureau of commerce - division of miners' health, safety and training, fund 8709, fiscal year 2004, organization 0314, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4548--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of transportation - division of motor vehicles - driver's license reinstatement fund, fund 8213, fiscal year 2004, organization 0802, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4549--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the bureau of commerce - division of labor - elevator safety act, fund 3188, fiscal year 2004, organization 0308, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4550--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of health and human resources - division of health - central office, fund 8802, fiscal year 2004, organization 0506, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4551--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of health and human resources - division of human services, fund 8722, fiscal year 2004, organization 0511, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4581--A Bill to amend and reenact §15-2D-6 of the code of West Virginia, 1931, as amended, relating to continuation of the division of protective services.
     Referred to the Committee on Government Organization.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 37--Requesting the Joint Committee on Government and Finance to appoint a select committee to conduct a study to determine the most appropriate mechanisms to reach the goal of providing all citizens of the State of West Virginia with comprehensive, quality and affordable health care.
     Whereas, It is a goal of the Legislature to see that all citizens of the State have comprehensive quality and affordable health care; and
     Whereas, The cost of health care is growing at a faster rate than any other area of service; and
     Whereas, It is estimated that by the year 2008 a basic family health insurance policy in West Virginia may cost at least sixteen thousand dollars making it unaffordable for a majority of the residents of the State; and
     Whereas, The current health care system encourages cost shifting to the citizens who are least able to afford the cost; and
     Whereas, Twenty percent of the residents of West Virginia between nineteen and sixty-four go without insurance at some time during the year; and
     Whereas, Those that need these services the most have the largest economic, social and educational barriers and are ultimately least able to access the health-care system; and
     Whereas, The uninsured lose their health and die prematurely; and
     Whereas, Uninsured children lose opportunity to develop normally and achieve educationally due to medical conditions going untreated; and
     Whereas, Families lose their peace of mind because they live with the uncertainty and anxiety of the medical and financial consequences of a serious illness or injury; and
     Whereas, Communities are at risk of losing health care capacity because high rates of uninsured can cause hospitals to reduce services, health providers to move out of the community and cuts in public health programs due to the burden of providing care to those who cannot pay; and
     Whereas, Because the system is flawed and does not provide basic health care services to all, the consequences include unnecessary visits to the emergency room, more serious disease outcomes due to lack of early intervention and huge financial burdens to all the citizens 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 various mechanisms for reaching the goal that the Legislature has established to provide comprehensive, quality and affordable health care to all of its citizens; and, be it
     Further Resolved, That the committee shall report to the Legislature its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, no later than the first day of January, two thousand five; and, be it
     Further Resolved, That the expenses necessary to conduct the study and to prepare appropriate reports, recommendations and proposed legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Referred to the Committee on Rules.
     The Senate proceeded to the fourth order of business.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 28, Exempting certain personal property from levy, forced sale, attachment or execution.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 28 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §38-8-1 of the code of West Virginia, 1931, as amended, relating to increasing the monetary value of exemptions from levy, forced sale, attachment or execution of certain personal property.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               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. 58, Relating to commercial prisons.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 58 (originating in the Committee on Government Organization)--A Bill to amend and reenact §25-5-1, §25-5-2, §25-5-4, §25-5-5, §25-5-8, §25-5-11, §25-5-12, §25-5-15, §25-5-19 and §25-5-20 of the code of West Virginia, 1931, as amended, all relating to commercial prisons; setting forth legislative findings; requiring the commissioner to annually make recommendations on whether to continue prison vendors' contracts; providing that the secretary of the department of military affairs and public safety may renew prison vendor contracts annually; providing for certain restrictions concerning offender characteristics relative to the kinds of offenders that may be incarcerated in commercial facilities; reducing the amount of time that a contractor has to abate a violation; prescribing the number of commissioner's representatives that may be employed at each commercial facility for monitoring purposes; increasing bonding requirements for contractors; requiring background checks for employees at commercial facilities; and requiring contractors to be responsible for certain costs.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bill (Com. Sub. for S. B. No. 58), under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 119, Enhancing criminal penalties for obtaining money, property and services by false pretenses from certain persons.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 119 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-3-24 of the code of West Virginia, 1931, as amended, relating to an enhanced criminal penalty for obtaining money, property and services by false pretenses from persons sixty-five years of age and older.
     And,
     Senate Bill No. 549, Relating to abandoned motor vehicles and parts on private property.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 549 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17-24A-1 and §17-24A-2 of the code of West Virginia, 1931, as amended, all relating to abandoned motor vehicles; definitions; exceptions; and penalties.
     With the recommendation that the two committee substitutes do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               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. 121, Expanding powers of investment management board; other provisions.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 121 (originating in the Committee on Government Organization)--A Bill to amend and reenact §12-6-9c and §12-6-12 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-6-18, all relating to the investment powers of the investment management board; removing certain requirements regarding investments in the securities of or any interest in any investment company or investment trust under the investment company act of 1940; increasing the percentage of investments that may be made in equities and international securities; clarifying the application of the prudent investor standard to limitations on certain types or amounts of investments; eliminating certain restrictions on the purchase of securities in a particular company, commercial paper and corporate debt, and eliminating the requirement that a list of approved securities be maintained by the board; authorizing investments in alternative investments, subject to certain restrictions and limitations; and specifying that the investment powers of the board are to be broadly and liberally construed to permit the board to achieve its corporate purposes, consistent at all times with the prudent investor standard.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bill (Com. Sub. for S. B. No. 121), under the original double committee reference, was then referred to the Committee on Finance.
     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. 176, Relating to investments and investment practices of insurance companies.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 176 (originating in the Committee on Finance)--A Bill to amend and reenact §33-3-6 of the code of West Virginia, 1931, as amended; to amend and reenact §33-8-1, §33-8-2, §33-8-3, §33-8-4, §33-8-5, §33-8-6, §33-8-7, §33-8-8, §33-8-9, §33-8-10, §33-8-11, §33-8-12, §33-8-13, §33-8-14, §33-8-15, §33-8-16, §33-8-17, §33-8-18, §33-8-19, §33-8-20, §33-8-21, §33-8-22, §33-8-23, §33-8-24 and §33-8-25 of said code; to amend said code by adding thereto seven new sections, designated §33-8-26, §33-8-27, §33-8-28, §33-8-29, §33-8-30, §33-8-31 and §33-8-32; to amend and reenact §33-9-3 of said code; to amend and reenact §33-22-11 of said code; to amend and reenact §33-23-31 of said code; to amend and reenact §33-24-10 of said code; to amend and reenact §33-25A-4 of said code; to amend and reenact §33-25D-5 of said code; and to amend and reenact §33-27-2a of said code, all relating to investments and investment practices of insurance companies; and correcting references to amended sections of article eight of said chapter.
     And,
     Senate Bill No. 565, Allowing game proceeds to be transferred between raffle and bingo accounts.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 565 (originating in the Committee on Finance)--A Bill to amend and reenact §47-20-16 of the code of West Virginia, 1931, as amended; and to amend and reenact §47-21-16 of said code, all relating to charitable bingo and charitable raffles; and allowing game proceeds to be transferred, by check, between raffle and bingo accounts to offset losses.
     With the recommendation that the two committee substitutes do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               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
     Senate Bill No. 197, Relating generally to distribution of net terminal income of racetrack video lottery terminals.
     And reports the same back without recommendation as to passage; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The bill, under the original double committee reference, was 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
     Senate Bill No. 229, Expanding counties covered by Route 2 and Interstate 68 authority.
     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 Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
     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. 275, Eliminating gap in employment for certain alcohol beverage control commission employees.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 275 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5-16-13 of the code of West Virginia, 1931, as amended, relating to public employees insurance generally; eliminating a gap in benefits for certain alcohol beverage control commission employees; and specifying period of time.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bill (Com. Sub. for S. B. No. 275), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 285, Allowing state-chartered banks to organize as limited liability companies in certain cases.
     With amendments from the Committee on Banking and Insurance pending;
     And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 327, Authorizing department of administration to promulgate legislative rule relating to parking.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 327 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section 1, article 1, chapter 64 of the code of West Virginia, 1931, as amended; and to amend and reenact article 2 of said chapter, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule- making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; authorizing the department of administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing the department of administration to promulgate a legislative rule relating to parking; authorizing the consolidated public retirement board to promulgate a legislative rule relating to general provisions; authorizing the consolidated public retirement board to promulgate a legislative rule relating to benefit determination and appeal; authorizing the consolidated public retirement board to promulgate a legislative rule relating to the teachers' defined benefit plan; authorizing the consolidated public retirement board to promulgate a legislative rule relating to the West Virginia state police disability determination and appeal process; authorizing the board of risk and insurance management to promulgate a legislative rule relating to the public entities insurance program; and authorizing the board of risk and insurance management to promulgate a legislative rule relating to the terms and conditions for entry and reentry into state insurance programs.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               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. 454, Relating to land-use planning.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 454 (originating in the Committee on Government Organization)--A Bill to repeal §8-24-1, §8-24-2, §8-24-3, §8-24-4, §8-24-5, §8-24-6, §8-24-7, §8-24-8, §8-24-9, §8-24-10, §8-24-11, §8-24-12, §8-24-13, §8-24-14, §8-24-15, §8-24-16, §8-24-17, §8-24-18, §8-24-19, §8-24-20, §8-24-21, §8-24- 22, §8-24-23, §8-24-24, §8-24-25, §8-24-26, §8-24-27, §8-24-28, §8- 24-29, §8-24-30, §8-24-31, §8-24-32, §8-24-33, §8-24-34, §8-24-35, §8-24-36, §8-24-37, §8-24-38, §8-24-39, §8-24-40, §8-24-41, §8-24- 42, §8-24-43, §8-24-44, §8-24-45, §8-24-46, §8-24-47, §8-24-48, §8-24-49, §8-24-50, §8-24-50a, §8-24-50b, §8-24-51, §8-24-52, §8-24-53, §8-24-54, §8-24-55, §8-24-56, §8-24-57, §8-24-58, §8-24-59, §8-24-60, §8-24-61, §8-24-62, §8-24-63, §8-24-64, §8-24-65, §8-24-66, §8-24-67, §8-24-68, §8-24-69, §8-24-70, §8-24- 71, §8-24-72, §8-24-73, §8-24-73a, §8-24-73b, §8-24-73c, §8-24-73d, §8-24-74, §8-24-74a, §8-24-74b, §8-24-74c, §8-24-75, §8-24-76, §8- 24-77, §8-24-78, §8-24-79, §8-24-80, §8-24-81, §8-24-82, §8-24-83, §8-24-84 and §8-24-85 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new chapter, designated §8A-1-1, §8A-1-2, §8A-2-1, §8A-2-2, §8A-2-3, §8A-2-4, §8A-2-5, §8A-2-6, §8A-2-7, §8A-2-8, §8A-2-9, §8A-2-10, §8A-2-11, §8A-3-1, §8A-3-2, §8A-3-3, §8A-3-4, §8A-3-5, §8A-3-6, §8A-3-7, §8A- 3-8, §8A-3-9, §8A-3-10, §8A-3-11, §8A-3-12, §8A-3-13, §8A-3-14, §8A-4-1, §8A-4-2, §8A-4-3, §8A-4-4, §8A-4-5, §8A-4-6, §8A-4-7, §8A- 5-1, §8A-5-2, §8A-5-3, §8A-5-4, §8A-5-5, §8A-5-6, §8A-5-7, §8A-5-8, §8A-5-9, §8A-5-10, §8A-5-11, §8A-5-12, §8A-6-1, §8A-6-2, §8A-6-3, §8A-7-1, §8A-7-2, §8A-7-3, §8A-7-4, §8A-7-5, §8A-7-6, §8A-7-7, §8A- 7-8, §8A-7-9, §8A-7-10, §8A-7-11, §8A-7-12, §8A-7-13, §8A-8-1, §8A-8-2, §8A-8-3, §8A-8-4, §8A-8-5, §8A-8-6, §8A-8-7, §8A-8-8, §8A-8-9, §8A-8-10, §8A-8-11, §8A-8-12, §8A-9-1, §8A-9-2, §8A-9-3, §8A-9-4, §8A-9-5, §8A-9-6, §8A-9-7, §8A-10-1, §8A-10-2, §8A-10-3, §8A-10-4, §8A-10-5, §8A-10-6, §8A-11-1, §8A-11-2, §8A-12-1, §8A-12-2, §8A-12- 3, §8A-12-4, §8A-12-5, §8A-12-6, §8A-12-7, §8A-12-8, §8A-12-9, §8A- 12-10, §8A-12-11, §8A-12-12, §8A-12-13, §8A-12-14, §8A-12-15, §8A- 12-16, §8A-12-17, §8A-12-18, §8A-12-19, §8A-12-20 and §8A-12-21, all relating to land-use planning; planning commissions; comprehensive plan; subdivision and land development ordinance; subdivision or land development plan and plat; improvement location permit; zoning; board of zoning appeals; appeal process; enforcement; penalties; special provisions; and voluntary farmland protection program.
     With the recommendation that the committee substitute 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 (Com. Sub. for S. B. No. 454) 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 Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
     Your Committee on Energy, Industry and Mining has had under consideration
     Senate Bill No. 460, Relating to regulating surveyors and underground surveyors.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 460 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §30-13A-1, §30-13A-2, §30-13A-3, §30-13A-4, §30-13A-5, §30- 13A-6, §30-13A-7, §30-13A-8, §30-13A-9, §30-13A-10, §30-13A-11, §30-13A-12, §30-13A-13, §30-13A-14, §30-13A-15, §30-13A-16, §30- 13A-17 and §30-13A-18 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto nineteen new sections, designated §30-13A-19, §30-13A-20, §30-13A-21, §30-13A- 22, §30-13A-23, §30-13A-24, §30-13A-25, §30-13A-26, §30-13A-27, §30-13A-28, §30-13A-29, §30-13A-30, §30-13A-31, §30-13A-32, §30- 13A-33, §30-13A-34, §30-13A-35, §30-13A-36 and §34-13-37, all relating to regulating surveyors and underground surveyors; definitions; establishing licensure and endorsement requirements; restructuring and renaming the board; and providing a civil cause of action and criminal penalties.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               William R. Sharpe, 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
     Senate Bill No. 480, Exempting nonprofit licensed nursing homes from registration under solicitation of charitable funds act.
     And,
     Senate Bill No. 558, Making misuse of power of attorney or fiduciary relationship crime.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 481, Relating to retirement income of conservation officers.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 481 (originating in the Committee on Pensions)--A Bill to amend and reenact §11-21-12 of the code of West Virginia, 1931, as amended, relating to adding retirement income of conservation officers received through the West Virginia public employees retirement system to modifications reducing the federal adjusted gross income.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     The bill (Com. Sub. for S. B. No. 481), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 504, Relating to sale of tax liens.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 504 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11A-3-19, §11A-3-21, §11A-3-22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-46 and §11A-3-55 of the code of West Virginia, 1931, as amended, all relating to changing various monthly dates involving the statutory redemption process for real property that has been sold as the result of delinquent taxes; changing the publication requirement for notice to persons who last owned real property sold due to delinquent taxes from Class III to Class II-0; changing the publication requirement of notice of auction from Class III to Class II-0; and changing publication requirement of notice to redeem from Class III to Class II-0.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The bill (Com. Sub. for S. B. No. 504), under the original double committee reference, was 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
     Senate Bill No. 508, Relating to commission on arts.
     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.
     The bill, under the original double committee reference, was 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
     Senate Bill No. 516, Establishing eastern panhandle highway authority.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 516 (originating in the Committee on Government Organization)--A Bill to establish the West Virginia eastern panhandle highway authority to include representatives from Berkeley, Jefferson and Morgan counties; appointment of officers; and powers of authority.
     With the recommendation that the committee substitute 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 Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 518, Relating to policemen and firemen required to work during holidays; compensation.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 518 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §8-14-2a of the code of West Virginia, 1931, as amended; and to amend and reenact §8-15-10a of said code, all relating to policemen and firemen who are required to work during holidays; and compensation.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The bill (Com. Sub. for S. B. No. 518), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 582, Relating to judges' retirement system.
     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,
                               Evan H. Jenkins,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 653, Providing that certain judges not required to contribute to retirement system.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 653 (originating in the Committee on Pensions)--A Bill to amend and reenact §51-9-4 of the code of West Virginia, 1931, as amended, relating to judges and justices generally; providing that a judge becoming eligible for retirement is not required to contribute to the retirement system; and clarifying that, for judicial retirement purposes, credited service includes certain time served as an elected or appointed prosecuting attorney, full-time assistant prosecuting attorney, municipal judge or qualified military service.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     The bill (Com. Sub. for S. B. No. 653), under the original double committee reference, was then referred to the Committee on Finance.
     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. 694, Clarifying certain procedures in awarding government construction contracts.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 694 (originating in the Committee on Finance)--A Bill to amend and reenact §5-22-1 of the code of West Virginia, 1931, as amended, relating to establishing the West Virginia fairness in competitive bidding act; requiring that competitive bids for government construction projects be awarded to the lowest qualified responsible bidder; providing clarification of the term "lowest qualified responsible bidder"; establishing procedures and requirements to be followed in awarding contracts for government construction projects; and providing criminal penalties for violation of the procedures and requirements to be followed in awarding government construction projects.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               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
     Senate Bill No. 701, Authorizing certain taxes imposed by municipalities.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 701 (originating in the Committee on the Judiciary)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5, §8-13C-6, §8-13C-7, §8-13C-8, §8-13C-9 and §8-13C-10; to amend and reenact §11-9-2, §11-9-3, §11-9-4, §11-9-5, §11-9-6, §11-9-8 and §11-9-10 of said code; and to amend and reenact §11-10-3 of said code, all relating to authorizing a qualifying municipality to impose municipal occupational tax, municipal sales and service tax and use tax; responsibilities of tax commissioner relating to municipal sales and service tax and municipal use tax; application of other state tax laws; creation of qualifying municipal sales and service tax and use tax fund; tax rate in printed catalogs; limiting use of the proceeds of the taxes to application toward the unfunded liability of certain pensions; instances where qualifying municipality loses certain taxing authority; addressing conflicts and unconstitutionality; and imposing criminal penalties for certain violations relating to municipal sales and service tax and use tax.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The bill (Com. Sub. for S. B. No. 701), under the original double committee reference, was then referred to the Committee on Finance.
     The Senate proceeded to the sixth order of business.
     Senators Tomblin (Mr. President), Bailey, Bowman, Caldwell, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Unger and White offered the following resolution:
     Senate Resolution No. 24--Designating February 26, 2004, as "West Virginia Federation of Democratic Women's Day at the Capitol".
     Whereas, The West Virginia Federation of Democratic Women has made many outstanding contributions to the Democratic Party by encouraging the involvement of women in the electoral process, urging qualified women to seek political office and advocating party policy and legislation that concerns women; and
     Whereas, The West Virginia Federation of Democratic Women provides workshops, training sessions and candidate forums designed to provide valuable information and training to its members; and
     Whereas, The dedication and commitment of the West Virginia Federation of Democratic Women are greatly appreciated by Democrats who hold elective office throughout the state; therefore, be it
     Resolved by the Senate:
     That the Senate hereby designates February 26, 2004, as "West Virginia Federation of Democratic Women's Day at the Capitol"; and, be it
     Further Resolved, That the Senate hereby recognizes the West Virginia Federation of Democratic Women for its outstanding dedication and commitment to the party it serves and to the electoral process of West Virginia; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of the West Virginia Federation of Democratic Women.
     At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
     Senators McKenzie, Bowman, Oliverio, Minard and Unger offered the following resolution:
     Senate Resolution No. 25--Acknowledging the contributions of Christopher Columbus.
     Whereas, Christopher Columbus was born in 1451 in Genoa, Italy; and
     Whereas, Columbus began his seafaring career at the age of 14 by serving in various positions on numerous ships; and
     Whereas, By 1477, Columbus had migrated to Lisbon, Portugal, which was one of the great seafaring centers of the world; and
     Whereas, In the early 1480s Columbus sailed to the west coast of Africa. In the waters off the nearby Canary Islands, he first noticed the ocean phenomenon known as the Canaries current, a fast- moving westerly current emanating from that area; and
     Whereas, Columbus also gained access to a wealth of Portugese seafaring information, including maps, charts revealing ocean currents, interviews with sailors and stories about objects that had drifted to the coast of the Madeira Islands from the west; and
     Whereas, Columbus had the great genius to synthesize the experiences and knowledge he accumulated during these years and formulate a bold plan to reach Asia by sailing west, a journey he often referred to as his "Enterprise of the Indies"; and
     Whereas, Columbus spent the next decade attempting to find financial support for his ambitious expedition before King Ferdinand and Queen Isabella of Spain finally backed his venture; and
     Whereas, On August 3, 1492, Columbus sailed from Palos, Spain, with three small ships, the Nina, the Pinta and the Santa Maria, and on October 12, 1492, his party landed on a small island in the Carribean known today as San Salvador; and
     Whereas, After his initial expedition in 1492, Columbus led three additional expeditions to the lands he had discovered, the last of which ended in 1504; therefore, be it
     Resolved by the Senate:
     That the Senate hereby acknowledges the contributions of Christopher Columbus; and, be it
     Further Resolved, That the Senate hereby honors Columbus Day, October 11, 2004, which celebrates Christopher Columbus's discovery of the Americas.
     At the request of Senator McKenzie, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Petitions

     Senator Dempsey presented a petition from Delores Burton and numerous West Virginia teachers, supporting the merger of the Teachers Defined Benefit Retirement Plan with the Teachers Defined Contribution Retirement Plan.
     Referred to the Committee on Pensions.
     At the request of Senator Jenkins, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the fourth order of business.
     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. 713 (originating in the Committee on Finance)- -A Bill expiring funds to the unappropriated balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand five, in the amount of two million five hundred thousand dollars from the board of risk and insurance management - premium tax savings fund, fund 2367, fiscal year 2005, organization 0218.
     Senate Bill No. 714 (originating in the Committee on Finance)- -A Bill expiring funds to the unappropriated balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand five, in the amount of five hundred thousand dollars from the insurance commissioner - insurance commission fund, fund 7152, fiscal year 2005, organization 0704.
     Senate Bill No. 715 (originating in the Committee on Finance)- -A Bill expiring funds to the unappropriated balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand five, in the amount of one million two hundred fifty thousand dollars from the public service commission, fund 8623, fiscal year 2005, organization 0926.
     And,
     Senate Bill No. 716 (originating in the Committee on Finance)- -A Bill to amend and reenact §47-18-19 of the code of West Virginia, 1931, as amended, relating to the antitrust enforcement fund; and raising the applicable amount of funds reappropriated from three hundred thousand dollars to four hundred thousand dollars.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               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. 717 (originating in the Committee on Government Organization)--A Bill to amend and reenact §4-10-4, §4- 10-4a, §4-10-5, §4-10-5a and §4-10-5b of the code of West Virginia, 1931, as amended, all relating to the West Virginia sunset law; terminating agencies following full performance evaluations; terminating agencies previously subject to full performance evaluations following compliance monitoring and further inquiry updates; terminating agencies following preliminary performance reviews; terminating agencies previously subject to preliminary performance reviews following compliance monitoring and further inquiry updates; and terminating boards created to regulate professions and occupations.
     And reports the same back with the recommendation that it 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
     Senate Bill No. 718 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §30-21-8 and §30-21-9 of the code of West Virginia, 1931, as amended, all relating to authorizing the board of examiners of psychologists to set fees by rule.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 56, Requesting Joint Committee on Government and Finance study current administrative structure of Division of Personnel.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study need for adult day care, congregate respite and in-home services for persons with Alzheimer's.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 58, Requesting State Building Commission rename state office complex in Fairmont "Manchin Office Complex".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization.
     Senate Concurrent Resolution No. 59, Requesting Joint Committee on Government and Finance study property tax laws.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 60, Urging Governor Bob Wise and Democrat leadership of Legislature protect jobs and strengthen economy.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 61, Requesting Joint Committee on Government and Finance study local health departments.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 62, Requesting Joint Committee on Government and Finance study epidemic of youth suicide in state.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 63, Requesting Joint Committee on Government and Finance study use of credit scoring in insurance underwriting and rate-making process.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 89, Relating to beneficial use of water treatment plant sludge.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 89) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 148, Creating Tax Amnesty Program of 2004.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 148) 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 Senate Bill No. 320, Redefining law relating to modular homes.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 320) passed.
     The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for 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 division of motor vehicles application for a certificate of title; and providing that modular homes, as defined, are not subject to the provisions of this section.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 459, Providing civil immunity to certain volunteers who build or install universal accessibility features.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
     Eng. House Bill No. 4132, Relating to the West Virginia guaranteed work force program.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4132) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4308, Providing immunity from civil damages to workers who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features in accordance with applicable state and federal laws.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: 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)--33.
     The nays were: None.
     Absent: Bailey--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4308) passed.
     On motion of Senator Kessler, the following amendment to the title of the bill 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. 4308--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-11A-3a, relating to providing immunity from civil damages to a worker, contractor, engineer or architect who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features in accordance with applicable building codes and state and federal laws.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The end of today's third reading calendar having been reached, the Senate returned to the consideration of
     Eng. Com. Sub. for Senate Bill No. 459, Providing civil immunity to certain volunteers who build or install universal accessibility features.
     On third reading, coming up in deferred order, was again reported by the Clerk.
     On motion of Senator Chafin, the bill was recommitted to the Committee on the Judiciary.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 173, Authorizing disabled commercial licensed driver to retain personal driving permit in certain cases.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 712, Relating to liquidated damages proportionally related to wages owed employee.
     On second reading, coming up in regular order, was reported by the Clerk.
     Senator Unger requested unanimous consent that the bill lie over one day, retaining its place on the calendar.
     Which consent was not granted, Senator Snyder objecting.
     On motion of Senator Unger, the bill (S. B. No. 712) was laid over one day, retaining its place on the calendar.
     The Senate proceeded to the tenth order of business.
     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for Senate Bill No. 230, Relating to definitions of casualty insurance and federal flood insurance; other provisions.
     Senate Bill No. 316, Providing procedures for determining daily cost for certain inmates.
     Com. Sub. for Senate Bill No. 447, Relating to powers and duties of municipal courts to collect certain moneys.
     Senate Bill No. 483, Relating to limited licenses to practice medicine and surgery without license.
     Senate Bill No. 499, Relating to special hunting permit for resident and nonresident disabled persons.
     Com. Sub. for Senate Bill No. 500, Relating to fees for agents selling hunting and fishing licenses.
     Com. Sub. for Senate Bill No. 533, Authorizing division of corrections charge certain adult offenders transfer application fee.
     Senate Bill No. 573, Providing procedure for economic development authority to address problems of state minorities.
     And,
     Com. Sub. for Senate Bill No. 590, Designating local community criminal justice boards as home incarceration supervisor.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Hunter and Plymale.
     Thereafter, at the request of Senator Ross, and by unanimous consent, the remarks by Senator Plymale were ordered printed in the Appendix to the Journal.
     At the request of Senator Deem, unanimous consent being granted, the remarks by Senator Hunter were ordered printed in the Appendix to the Journal.
     At the request of Senator Edgell, and by unanimous consent, the Senate returned to the eleventh order of business and the introduction of guests.
     At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Com. Sub. for Senate Bill No. 468 (originating in the Committee on Banking and Insurance), Relating to nonrenewal of automobile liability, physical damage and property insurance.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Com. Sub. for Senate Bill No. 468 (originating in the Committee on the Judiciary)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-20; to amend and reenact §33-6A-4 of said code; and to amend said code by adding thereto two new sections, designated §33-6A-4a and §33-6A-4b, all relating to insurance generally; additional reasons for nonrenewal of automobile liability, physical damage and property insurance; providing that any existing policy or any policy issued or renewed after the effective date of the bill may be nonrenewed by an insurer for any reason with proper notice to the insured; and authorizing the commissioner of insurance to act regarding withdrawal of insurers from the state.
     With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     On motion of Senator Kessler, the bill (Com. Sub. for Com. Sub. for S. B. No. 468) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Finance.
     The Senate again proceeded to the twelfth order of business.
     Remarks were made by Senators Deem, Rowe, Minard, Hunter, Love, Ross, Jenkins and Snyder.
     Thereafter, at the request of Senator Snyder, and by unanimous consent, the remarks by Senator Love were ordered printed in the Appendix to the Journal.
     At the request of Senator Love, unanimous consent being granted, the remarks by Senator Snyder were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the thirteenth order of business.
     At the request of Senator White, unanimous consent being granted, it was ordered that the Journal show had Senator White been present in the chamber on Monday, February 23, 2004, he would have voted "yea" on the passage of Engrossed Senate Bill No. 317, Engrossed House Bill No. 4012, Engrossed House Bill No. 4287, Engrossed House Bill No. 4348 and Engrossed House Bill No. 4349; on Tuesday, February 24, 2004, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 214, Engrossed Senate Bill No. 402, Engrossed Committee Substitute for Senate Bill No. 410, Engrossed Committee Substitute for Senate Bill No. 513, Engrossed Senate Bill No. 532, Engrossed Senate Bill No. 574, Engrossed Senate Bill No. 575, Engrossed Senate Bill No. 576, Engrossed Senate Bill No. 577, Engrossed Senate Bill No. 578, Engrossed Senate Bill No. 579 and Engrossed House Bill No. 4011; and on Wednesday, February 25, 2004, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 165, Engrossed Committee Substitute for Senate Bill No. 420, Engrossed Senate Bill No. 439, Engrossed Senate Bill No. 450, Engrossed Senate Bill No. 506, Engrossed Senate Bill No. 517 and Engrossed Senate Bill No. 529.
     At the request of Senator Guills, the name of Senator Guills was removed as a sponsor of Engrossed Senate Bill No. 448 (Relating to higher education advisory boards generally).
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 5 p.m. today.