WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

FORTY-EIGHTH DAY

____________

Charleston, W. Va., Monday, March 1, 2004

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

     Prayer was offered by Pastor John A. Mason, Retired United Methodist Clergy, Hurricane, West Virginia.
     Pending the reading of the Journal of Friday, February 27, 2004,
     On motion of Senator Sprouse, 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.
     Senator Tomblin (Mr. President) presented a communication from the Geological and Economic Survey, submitting its annual report as required by chapter twenty-nine, article two, section six of the code of West Virginia.
     Which report was received and filed with the Clerk.
     On motion of Senator Chafin, the Senate recessed for five minutes to permit Unbar Moghal to address the Senate on behalf of the Governor's Honors Academy and Gary Shaw to address the Senate on behalf of the Governor's School for the Arts.
     Upon expiration of the recess, the Senate reconvened and resumed business under the second order.
     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. 4031--A Bill to amend and reenact §51-1-10a of the code of West Virginia, 1931, as amended; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating to judges and justices generally; salary of justices; salary of judges of circuit courts; and salary of family court judges.
     Referred to the Committee on the Judiciary; and then 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. 4107--A Bill to amend and reenact §47-20-23 of the code of West Virginia, 1931, as amended; to amend and reenact §47-21-21 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.
     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 and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4166--A Bill to amend and reenact §36-3-5a of the code of West Virginia, 1931, as amended, relating to excepting the description requirements from deeds or instruments for easements and rights-of-way for mineral leases.
     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. 4252--A Bill to amend and reenact §18-7A- 17 of the code of West Virginia, 1931, as amended, relating to providing for the purchase of service credit in the state teachers retirement system for CETA time; and specifying purchase price.
     Referred to the Committee on Pensions; 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. House Bill No. 4280--A Bill to amend and reenact §5-16-15 of the code of West Virginia, 1931, as amended, relating to making available to retired participants in the public employees insurance system the optional dental, vision, and audiology and hearing-aid services insurance plans that are available to current public employee participants.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
     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.
     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. 4339--A Bill to amend and reenact §11-15-8 of the code of West Virginia, 1931, as amended, relating to clarifying the imposition of consumers sales and service tax on purchases made by providers of professional or personal services.
     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. 4403--A Bill to repeal §7-7-10 of the code of West Virginia, 1931, as amended, relating to the requirement of affidavits acknowledging receipt of compensation.
     Referred 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. 4456--A Bill to extend the time for the county commission of Harrison County, West Virginia, to meet as a levying body for the purpose of presenting to the voters of the county an election on the question of continuing the excess levy for vital public services in Harrison County from between the seventh and twenty-eighth days of March until the first Thursday in June, two thousand four.
Referred to the Committee on Government Organization.

     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. 4464--A Bill to extend the time for the governing body of the County Commission of Cabell County, West Virginia, to meet as a levying body for the purpose of presenting to the voters of said county an election to consider an excess levy for fire protection service, firefighter training and economic development from the third Tuesday of April until the third Tuesday in May, two thousand four.
     Referred to the Committee on Government Organization.
     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. 4500--A Bill to amend and reenact §44-5-4 of the code of West Virginia, 1931, as amended, relating to who may be accepted as surety on a fiduciary bond.
     Referred 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. 4601--A Bill to amend and reenact §18-9A-7 of the code of West Virginia, 1931, as amended; to amend and reenact §18-9D-2, §18-9D-6, §18-9D-8, §18-9D-15 and §18-9D-16 of said code; and to amend and reenact §18A-4-2 of said code, all relating to public education; suspending basic foundation allocation for bus replacement and providing allocation for academic trips for the school year beginning on the first day of July, two thousand four, only; providing for legislative appropriation or allocation of appropriation of certain revenues, funds and moneys of school building authority; redefining certain terms; correcting references; providing conditions limiting authority of school building to expend funds; providing for certain guidelines and procedures by authority for plans, plan modifications and evaluating projects; and providing for salary increase for teachers.
     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 adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 27--Requesting the Commissioner of the Division of Highways to name the bridge crossing the West Fork River at Enterprise in Harrison County the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge".
     Whereas, When this country needed its young men and women to serve in the Viet Nam War, two young men who lived only four houses apart in the town of Enterprise, Harrison County, faltered not in their duty as they saw it; and     
     Whereas, Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells brought honor to their families, their community and this state by their determination and unflinching courage in the face of terrible adversity and eventually laid down their lives in combat; and
     Whereas, While this state, Harrison County and the town of Enterprise lost a part of the future, the parents of Corporal Jerry Lee Halpenny and John and James Halpenny, his brothers, his wife Linda Halpenny Sandy and Alonzo Harvey Wells and Edith Irene Wells, the parents of PFC Michael Alonzo Wells, his brothers Charlie and James Harvey Wells lost their sons, a brother and a husband; and
     Whereas, Corporal Jerry Lee Halpenny was born on June 11, 1945, and died October 13, 1968, during his tour of duty in Viet Nam and PFC Michael Alonzo Wells was born February 7, 1949, and died June 27, 1969, during his tour of duty in Viet Nam; and
     Whereas, This country and the country of South Viet Nam awarded Corporal Jerry Lee Halpenny the Viet Nam Defense Medal, the Viet Nam Republic Medal, the Purple Heart, the Combat Infantry Medal, the United States Brass Medal, the United States Infantry Brass Medal, the Bronze Star and the American Defense Medal; and it awarded PFC Michael Alonzo Wells the Viet Nam Republic Medal, the Purple Heart, the Bronze Star, the Bronze Star with Oak Leaf Cluster, a third Bronze Star, the Army Commendation Medal and the National Defense Medal; and
     Whereas, We know these two young men live in the hearts they have left behind, but they have honored all of us by their sacrifice and it cannot go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the West Virginia Division of Highways to name the bridge crossing the West Fork River at Enterprise in Harrison County the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, the members of Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells families.
     Referred to the Committee on Transportation.
     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. 32--Requesting the Division of Highways to erect a plaque dedicating the "Bowers Bridge", located at Mannington in Marion County, to Herbert "Pete" Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter.
     Whereas, The Bowers Bridge has faithfully served the citizens of Marion County for many years; and
     Whereas, The bridge, over time, came into substantial disrepair; and
     Whereas, To effect repair or replacement of the bridge required a substantial effort on the part of people in the community; and
     Whereas, The bridge has now been constructed and it is time to recognize those persons most responsible for securing it; and
     Whereas, Herbert "Pete" Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter were those persons who came forward and led the effort by devoting many hours to the project; and
     Whereas, Those selfless men dedicated themselves to the bridge, it is only appropriate that the new "Bowers Bridge" be dedicated to them; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to erect a suitable plaque on the "Bowers Bridge" at Mannington, Marion County, dedicating the bridge to Herbert "Pete" Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter, without whose effort the bridge would never have been built; and, be it
     Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of Highways, Herbert "Pete" Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter, Mannington, West Virginia.
     Referred to the Committee on Transportation.
Executive Communications

     The Clerk then presented communications from His Excellency, the Governor, advising that on February 25, 2004, he had approved Enr. Committee Substitute for Senate Bill No. 251; and on February 27, 2004, he had approved Enr. House Bill No. 4348.
     The Senate proceeded to the fourth order of business.
     Senator Edgell, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration
     Senate Bill No. 186, Authorizing sale of venison in restaurants.
     And,
     Senate Bill No. 631, Relating to state fertilizer law.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Larry J. Edgell,
                               Chair.
     At the request of Senator Edgell, unanimous consent being granted, the bills (S. B. Nos. 186 and 631) contained in the preceding report from the Committee on Agriculture were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 554, Continuing guardianship or conservatorship of deceased protected persons.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 554 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §44A-4-5 of the code of West Virginia, 1931, as amended, relating to continuing the guardianship or conservatorship of protected persons; and continuing the authority of a guardian or conservator for limited decisionmaking regarding the body of a deceased protected person.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 554) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 569, Clarifying and preserving irrevocability of certain trusts.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 569) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 588, Relating to contributions to government employee deferred plans.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 588 (originating in the Committee on Pensions)--A Bill to amend and reenact §5-10B-4 of the code of West Virginia, 1931, as amended, relating to contributions to government employee deferred plans.
     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.
     At the request of Senator Jenkins, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 588) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     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. 616 (originating in the Committee on Natural Resources), Relating to environmental protection advisory council.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Com. Sub. for Senate Bill No. 616 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-1-9 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-3- 33, all relating to the department of environmental protection generally; increasing the membership of the environmental protection advisory council; requiring that a meeting of the advisory committee be called upon the written request of four members; requiring that the council timely receive an agenda and related materials for each meeting; allowing council members to submit rule-making suggestions to the secretary for consideration; establishing a new quality assurance and compliance advisory committee; and authorizing the committee to review coal mining permit procedures and processes.
     With the recommendation that the committee substitute for committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 616) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 633, Relating to electronic mail addresses protected in higher education institutions; penalty.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 633) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 697, Delegating motor carrier inspector duties to weight enforcement officers.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 697) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Edgell, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration
     Senate Bill No. 723 (originating in the Committee on Agriculture)--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and §19-9B-23, all relating to regulating the possession and sale of domestic and exotic animals; creating animal health safety control board and technical advisory committee; duties; rulemaking; jurisdiction of member agencies; bonding requirements; requiring pet shop registration; requiring recordkeeping; requiring possession permit to keep certain animals; permitting requirements; exemptions; establishing care and treatment requirements; requiring insurance; authorizing inspections; seizing and quarantining animals; and establishing penalties and fees.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Larry J. Edgell,
                               Chair.
     At the request of Senator Edgell, unanimous consent being granted, the bill (S. B. No. 723) contained in the preceding report from the Committee on Agriculture was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Edgell, the bill was 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. 724 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-11-7b of the code of West Virginia, 1931, as amended; to amend and reenact §22B-3-2 and §22B-3-4 of said code, all relating to water quality standards generally; transferring authority to propose rules relating to water quality standards from the environmental quality board to the department of environmental protection; providing that the current rule remains in force and effect until amended by the department of environmental protection; establishing some requirements for water protection; providing that meetings to develop water quality standards be open with certain exceptions; and continuing the authority of the environmental quality board to issue remining variances.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 724) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     The Senate proceeded to the sixth order of business.
     Senator Bowman offered the following resolution:
     Senate Concurrent Resolution No. 68--Requesting the Joint Committee on Government and Finance study the grievance boards and administrative law judge systems of the various agencies and boards of state government and determine whether they should be reformed, streamlined or consolidated.
     Whereas, There are a number of employees, public officers or contractors functioning as hearing officers, referees, trial examiners and administrative law judges, or functioning in other positions in state government, to whom the authority to conduct an administrative adjudication has been delegated by an agency or by statute and who exercise independent and impartial judgment in conducting hearings and in issuing recommended decisions or reports containing findings of fact and conclusions of law in accordance with applicable statutes or rules; and
     Whereas, Individual agencies may have different standards, criteria and procedures for resolving grievances and appeals; and
     Whereas, With the decline in revenues, the state needs to develop governmental systems and procedures that are economical, efficient and streamlined; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the grievance boards and administrative law judge systems of the various agencies and boards of state government and determine whether they should be reformed, streamlined or consolidated; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 46, Requesting Division of Highways name portion of U. S. 52 from Taylorville Road to foot of Horsepen Mountain, Mingo County, "R. A. West Highway".
     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.
     Senate Concurrent Resolution No. 50, Requesting Division of Highways name bridge connecting U. S. Route 60 East and Peyton Street, Barboursville, Cabell County, "James G. Berry Memorial 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. 53, Requesting Division of Highways name bridge located at U. S. Route 2 and Nine Mile Road, Cabell County, "David Rickey Carson Memorial 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. 64, Requesting Joint Committee on Government and Finance study transportation needs.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 65, Requesting Joint Committee on Government and Finance study commercial property and casualty insurance.
     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.
     Senate Concurrent Resolution No. 66, Requesting Joint Committee on Government and Finance study homeowners' insurance.
     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.
     Senate Concurrent Resolution No. 67, Requesting Joint Committee on Government and Finance study criminal penalties for interference with medical treatment of railroad employees.
     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. 230, Relating to definitions of casualty insurance and federal flood insurance; other provisions.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 230) 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. 316, Providing procedures for determining daily cost for certain inmates.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 316) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2004.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 316) takes effect July 1, 2004.
     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. 447, Relating to powers and duties of municipal courts to collect certain moneys.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 447) 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. 483, Relating to limited licenses to practice medicine and surgery without license.
     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. Senate Bill No. 499, Relating to special hunting permit for resident and nonresident disabled persons.
     On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Com. Sub. for Senate Bill No. 500, Relating to fees for agents selling hunting and fishing licenses.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, 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, White and Tomblin (Mr. President)--32.
     The nays were: Boley and Weeks--2.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 500) 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. 533, Authorizing division of corrections charge certain adult offenders transfer application fee.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 533) 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. 573, Providing procedure for economic development authority to address problems of state minorities.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 573) 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. 590, Designating local community criminal justice boards as home incarceration supervisor.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 590) passed.
     On motion of Senator Fanning, 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. Com. Sub. for Senate Bill 590--A Bill to amend and reenact §62-11B-7a of the code of West Virginia, 1931, as amended, relating to home incarceration supervisors; allowing a local community criminal justice board to be designated as a home incarceration supervisor; and prohibiting felons and persons that have been guilty of infamous or notoriously disgraceful conduct or who have been dismissed from public service for delinquency or misconduct from being employed as or designated a home incarceration supervisor.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4484, Allowing 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.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4484) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4484) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The end of today's third reading calendar having been reached, the Senate returned to the consideration of
     Eng. Senate Bill No. 483, Relating to limited licenses to practice medicine and surgery without license.
     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 Health and Human Resources.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 28, Exempting certain personal property from levy, forced sale, attachment or execution.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 34, Relating to fraudulent credit card transactions; annual reports.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, section forty-six, by striking out everything after the section caption and inserting in lieu thereof the following:
     (a) A banking institution that acts as an intermediary between a merchant bank and a bank issuing a credit card that is presented to a person or entity licensed to do business in West Virginia and engaged in card-not-present business activity may not charge the West Virginia merchant more than two hundred fifty dollars for each fraudulent card-not-present transaction, unless the banking institution issuing the credit card cooperates in investigation of the fraudulent credit card transaction and prosecutes criminal charges against the person or persons involved in the credit card fraud.
     (b) A banking institution that acts as an intermediary between a merchant bank and a bank issuing a credit card that is presented to a person or other entity licensed to do business in West Virginia may not charge rates for businesses engaged in credit card sales by card-not-present service charges that are more than one tenth of a percent greater than similar charges to merchants who are engaged in credit card sales by card-not-present transactions in other states.
     (c) Any banking institution that acts as an intermediary between a merchant bank and a bank issuing a credit card that is presented to a person or entity that is licensed to do business in West Virginia and is engaged in card-not-present business activity must provide the attorney general of West Virginia with an annual report prior to the next regular session of the Legislature relating to transactions involving fraudulent card-not-present credit card sales by state businesses.
     The bill (Com. Sub. for S. B. No. 34), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 67, Requiring agency, department or board to submit statement of compliance to legislative auditor within certain time.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 119, Enhancing criminal penalties for obtaining money, property and services by false pretenses from persons over certain age.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Com. Sub. for Senate Bill No. 149, Relating generally to department of tax and revenue.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 161, Creating Model Health Plan for Uninsurable Individuals Act.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 176, Relating to investments and investment practices of insurance companies.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 229, Expanding counties covered by Route 2 and Interstate 68 authority.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 260, Allowing design-build board to be reimbursed for certain expenses.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 285, Allowing state-chartered banks to organize as limited liability companies in certain cases.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Banking and Insurance, were reported by the Clerk, considered simultaneously, and adopted:
     On page fourteen, section one, line twelve, after the word "chapter" by inserting a comma and the words "when the banking institutions are chartered as limited liability companies";
     On page fourteen, section one, line thirteen, by striking out the word "shall";
     On page fourteen, section one, lines fourteen and fifteen, by striking out the words "be deemed to refer" and inserting in lieu thereof the word "refers";
     And,
     On page seventeen, section five, line forty-seven, after the word "Notwithstanding" by inserting the words "the provisions of".
     The bill (S. B. No. 285), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 327, Authorizing department of administration to promulgate legislative rules.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 415, Relating to disposition of state surplus property.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Government Organization, were reported by the Clerk and adopted:
     On page four, section forty-five, line forty-two, after the word "sale" by inserting the word "of";
     On page four, section forty-five, line forty-four, by striking out the words "described above";
     And,
     On page nine, section forty-five, line one hundred fifty-four, by striking out the words "In any case where" and inserting in lieu thereof the word "Whenever".
     The following amendments to the bill, from the Committee on Finance, were next reported by the Clerk, considered simultaneously, and adopted:
     On page three, section forty-five, line thirty-seven, by striking out the word "as" and inserting in lieu thereof the word "that";
     On page five, section forty-five, line sixty-five, by striking out the word "must" and inserting in lieu thereof the word "shall";
     On page five, section forty-five, line sixty-nine, by striking out the word "such" and inserting in lieu thereof the words "fair market";
     And,
     On page five, section forty-five, line seventy-six, by striking out the word "thereto" and inserting in lieu thereof the words "to the motor vehicle".
     The bill (S. B. No. 415), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Com. Sub. for Senate Bill No. 431, Establishing Interstate Insurance Product Regulation Compact.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 460, Relating to regulating surveyors and underground surveyors.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Ross, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     On page sixty-six, section thirty-six, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:
§30-13A-36. Exemption from licensing and regulation.;
     And,
     On page sixty-six, section thirty-six, line one, after the word "licensing" by inserting the words "and regulation".
     The bill (Com. Sub. for S. B. No. 460), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 480, Exempting nonprofit licensed nursing homes from registration under solicitation of charitable funds act.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 512, Authorizing rules of higher education policy commission.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 516, Establishing eastern panhandle highway authority.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 549, Relating to abandoned motor vehicles on private property.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 556, Exempting retailers of automobiles and trucks from definition of credit services organizations.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 558, Making misuse of power of attorney or fiduciary relationship crime.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 565, Allowing game proceeds to be transferred between raffle and bingo accounts.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 566, Establishing Unborn Victims of Violence Act.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 596, Relating to powers and duties of board of directors of state board of risk and insurance management.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 605, Relating to child fatality review teams.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 638, Authorizing special license plate for Davis & Elkins college.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Transportation, was reported by the Clerk and adopted:
     On page forty, section fourteen, after line eight hundred twenty-eight, by inserting a new subdivision, designated subdivision (38), to read as follows:
     (38) The division may issue special registration plates recognizing and honoring breast cancer survivors.
     (A) Upon appropriate application, the division may issue a special registration plate designed by the commissioner to recognize and honor breast cancer survivors, such plate to incorporate somewhere in the design the "pink ribbon emblem", for any number of vehicles titled in the name of the applicant.
     (B) The division shall charge a special initial application fee of ten dollars. This special fee is to compensate the division of motor vehicles for additional costs and services required in the division and deposited in a special revolving fund to be used for the administration of this section.
     (C) An annual fee of fifteen dollars shall be charged for each plate in addition to all other fees required by this chapter.
     The bill (S. B. No. 638), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 649, Establishing Environmental Good Samaritan Act.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Energy, Industry and Mining, were reported by the Clerk, considered simultaneously, and adopted:
     On page nine, section four, line nineteen, by striking out the word "either";
     On page nine, section four, line twenty-two, by striking out the words "or otherwise" and inserting in lieu thereof the word "and";
     And,
     On page ten, by striking out all of subdivision (1) and inserting in lieu thereof a new subdivision (1), to read as follows:
     "(1) Will result in the appropriate reclamation and regrading of the land according to all applicable laws and regulations;".
     The bill (S. B. No. 649), as amended, was then ordered to engrossment and third reading.
     Senate Bill No. 663, Prohibiting certain long-term care facilities from soliciting residents for money or assets.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 673, Providing certain reporting requirements of coal transported on public highways.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 686, Requiring certain firefighters and security guards be members of national guard.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 694, Establishing Fairness in Competitive Bidding Act.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 713, Expiring funds to unappropriated balance of general revenue from board of risk and management, premium tax savings fund.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 714, Expiring funds to unappropriated balance of general revenue from insurance commission fund.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     At the request of Senator McKenzie, unanimous consent being granted, the Senate returned to the consideration of
     Eng. Com. Sub. for Senate Bill No. 694, Establishing Fairness in Competitive Bidding Act.
     Now on third reading, having been read a second time and ordered to engrossment and third reading in earlier proceedings today.
     Senator McKenzie requested unanimous consent that the bill be returned to second reading and the amendment stage.
     Which consent was not granted, Senator Ross objecting.
     Senator McKenzie then moved that the bill be returned to second reading and the amendment stage.
     The question being on the adoption of Senator McKenzie's aforestated motion, the same was put.
     The result of the voice vote being inconclusive, Senator Ross demanded a division of the vote.
     A standing vote being taken, there were nineteen "yeas" and twelve "nays".
     Whereupon, the President declared Senator McKenzie's aforestated motion had prevailed.
     Thereafter, Engrossed Committee Substitute for Senate Bill No. 694 was returned to second reading and the amendment stage.
     Senator McKenzie moved that the bill be advanced to third reading with the right for amendments to be considered on that reading.
     The question being on the adoption of Senator McKenzie's aforestated motion, the same was put.
     The result of the voice vote being inconclusive, Senator Bowman demanded a division of the vote.
     A standing vote being taken, there were thirteen "yeas" and nineteen "nays".
     Whereupon, the President declared Senator McKenzie's aforestated motion had not prevailed.
     There being no amendments offered,
     Committee Substitute for Senate Bill No. 694 was again ordered to engrossment and third reading.
     The Senate then resumed consideration of its second reading calendar, the next bill coming up in numerical sequence being
     Senate Bill No. 715, Expiring funds to unappropriated balance of general revenue from public service commission.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 716, Allowing attorney general to retain additional funding for antitrust enforcement fund.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 717, Terminating agencies following full performance evaluations.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 718, Authorizing board of examiners of psychologists set fees by rule.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 719, Increasing tax on providers of nursing facility services.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 720, Relating to unused state private activity bond volume cap.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 722, Repealing section prohibiting giving away or selling liquor in buildings where boxing is held.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Eng. House Bill No. 4286, Repealing the section of the code relating to coverage for alcoholic treatment because it is superseded by another part of the code.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4449, Allowing both residents and nonresidents to apply for and obtain a Class Q permit for disabled persons.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     The Senate proceeded to the tenth order of business.
     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. 58, Relating to commercial prisons.
     Com. Sub. for Senate Bill No. 121, Expanding powers of investment management board; other provisions.
     Com. Sub. for Senate Bill No. 139, Creating Tourism Development Act.
     Com. Sub. for Com. Sub. for Senate Bill No. 143, Relating to small employer accident and sickness insurance policies.
     Com. Sub. for Com. Sub. for Senate Bill No. 221, Establishing Public-Private Transportation Facilities Act of 2004.
     Com. Sub. for Senate Bill No. 350, Authorizing bureau of commerce to promulgate legislative rules.
     Com. Sub. for Senate Bill No. 399, Authorizing miscellaneous boards and agencies to promulgate legislative rules.
     Com. Sub. for Com. Sub. for Senate Bill No. 408, Relating to growth county school facilities act.
     Senate Bill No. 418, Allowing certain sheriff employees to carry deadly weapons.
     Senate Bill No. 510, Relating to commission on uniform state laws.
     Com. Sub. for Com. Sub. for Senate Bill No. 551, Allowing alcohol beverage control commissioner to revoke or suspend wine licenses; other provisions.
     Senate Bill No. 636, Relating to employment of members of teachers defined benefit retirement system.
     Senate Bill No. 651, Precluding use of privately retained prosecutors or assistant prosecutors.
     Senate Bill No. 671, Clarifying appeal bond procedures relating to master tobacco settlement.
     Com. Sub. for Senate Bill No. 672, Relating to municipalities' right to collect public utility fees.
     Com. Sub. for Senate Bill No. 675, Relating to outdoor advertising revenues.
     Com. Sub. for Senate Bill No. 705, Removing personal use exception for criminal offense of manufacturing controlled substance.
     And,
     Senate Bill No. 721, Relating to centers for economic development and technology advancement.
     At the request of Senator Hunter, and by unanimous consent, the Senate returned to the sixth order of business.
Petitions

     Senator Hunter presented a petition from Larry Baxter and numerous Greenbrier County residents, supporting Engrossed Committee Substitute for Senate Bill No. 271 (Relating to racial profiling data collection), Senate Bill No. 272 (Creating state police review board), House Bill No. 4125 (Creating a state police review board to hear complaints against state police personnel) and House Bill No. 4126 (Requiring racial profiling data collection by law-enforcement officers and agencies each time a motorist is stopped for an alleged violation of the law).
     Referred to the Committee on the Judiciary.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 315, Creating mental hygiene pilot program.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 315 (originating in the Committee on Health and Human Resources)--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.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 315) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Prezioso, the bill was referred to the Committee on the Judiciary.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 708, Providing for enforcement of laws relating to manicuring and aesthetician salons.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 708) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Health and Human Resources pending.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.