WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

FIFTY-FIRST DAY

____________

Charleston, W. Va., Thursday, March 4, 2004

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

     Prayer was offered by Pastor Franklin D. Thomas, Living Faith Church, Marmet, West Virginia.
     Pending the reading of the Journal of Wednesday, March 3, 2004,
     On motion of Senator Chafin, 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), cochairman ex officio of the Joint Committee on Government and Finance on the part of the Senate, submitted the following report due the Legislature on various interim studies, which was received:
WEST VIRGINIA LEGISLATURE

JOINT COMMITTEE ON GOVERNMENT AND FINANCE

CHARLESTON

March 1, 2004

West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:
     The Joint Committee on Government and Finance submits this report on studies and other matters it authorized to be made between the 2003 and 2004 regular sessions of the Legislature.
      A.  The Joint Committee on Government and Finance authorized the following subcommittees:
      1.  Agriculture and Agri-business Committee.
      2.  Insurance Availability and Medical Malpractice Insurance Committee.
      3.  Juvenile Foster Care, Detention and Placement Task Force.
      4.  Parks and Recreation Subcommittee.
      5.  Postaudits Subcommittee.
      6.  Joint Committee on Technology.
      7.  Select Committee A - Water Issues.
      8.  Select Committee B - Minority Issues.
      9.  Select Committee C - Turnpike/Wireless Phone and 911 Services.
     10.  Select Committee D - Surface Mining.
     11.  Select Committee on State Aid to Schools.
      B.  The Joint Committee on Government and Finance received reports from the following:
      1.  Agriculture and Agri-business Committee.
      2.  Commission on Interstate Cooperation.
      3.  Joint Commission on Economic Development.
      4.  Legislative Oversight Commission on Health and Human Resources Accountability.
      5.  Insurance Availability and Medical Malpractice Insurance Committee.
      6.  Parks and Recreation Subcommittee.
      7.  Legislative Oversight Commission on Workforce Investment for Economic Development.
      8.  Joint Committee on Technology.
      9.  Select Committee B - Minority Issues.
     10.  Select Committee C - Turnpike/Wireless Phone and 911 Services.
     11.  Select Committee D - Surface Mining.
     12.  Joint Standing Committee on Finance.
      C.  The Joint Committee on Government and Finance received statutorily required reports from the following:
     1.   West Virginia Forest Management Review Commission.
     2.   Equal Pay Commission.
     D.   The Joint Committee on Government and Finance assigned studies to its subcommittees and to statutory committees/commissions as follows:
     1.   Agriculture and Agri-business Committee:
     Costs and Benefits Associated with Deer Population;
     Aquaculture;
     Deer Farming.
     2.   Joint Commission on Economic Development:
     Tax Modification;
     Workers' Compensation;
     Tamarack Missions and Objectives;
     
Double-Stacking Rail Containers through Southern West Virginia;

     
Public-Private Highway Construction Projects;

     
Hatfield-McCoy Trail Connection into Chief Logan Park;

     
Job Development Initiatives for PROMISE Scholarship Recipients;

     
Prospects of Merging Charleston and Huntington Metropolitan Statistical Areas by 2010;

     Movement Toward a Digital Economy;
     
Watershed Development Plan for Southern West Virginia;

     WV TVA for Southern West Virginia.
     3.   Legislative Oversight Commission on Health and Human Resources Accountability:
     Need for Creating Forensic Science Task Force;
     
Establishing Residential Community for Senior Citizens;

     
Medicaid Waiver Program;

     
Shortage of Qualified Nursing Personnel to be Involved in Various Studies;

     
Condition of the Mental Health Plan in Regard to Organization and Availability of Services;

     
Study Whether Working Cooperatively with Providers of HUD Housing Would Decrease the Unnecessary Institutionalization of Elderly Individuals;

     
Cost and Effectiveness of the Medicaid Program Preferred Drug List.

     4.   Insurance Availability and Medical Malpractice Insurance Committee:
     
Benefits of Captive Insurance Companies and the Most Effective Means of Regulating These Entities;

     
Availability and Affordability of Automobile Insurance in West Virginia;

     
Availability and Affordability of Commercial, Property and Casualty Insurance.

     5.   Juvenile Foster Care, Detention and Placement Task Force:
     Juvenile Foster Care System.
     6.   Parks, Recreation and Natural Resources Subcommittee:
     Single Hunting, Fishing and Trapping License.
     7.   Select Committee A - Water Issues:
     
Protection of Water Supply.

     8.   Select Committee B - Minority Issues:
     
High Unemployment Rate and Other Socioeconomic Problems Confronting African-Americans in this State.

     9.   Select Committee C - Turnpike/Wireless Phone and 911 Services:
     Traffic Control on Turnpike and Certain Highways;
     Wireless Phone and 911 Services.
     10.  Select Committee D - Surface Mining:
     
Rules and Policies of Office of Surface Mining Reclamation and Enforcement.

     11.  Joint Committee on Technology:
     
Use, Benefits and Management of Technology as it Impacts the Legislature;

     
Examining How the Legislature Might Operate More Efficiently and Effectively Through the Use of Computers and Communication Technology.

     E.   The Joint Committee on Government and Finance referred adopted study resolutions and other areas of study as listed below to the following standing committees it authorized to meet between the 2003 and 2004 regular sessions of the Legislature:
     1.   Joint Standing Committee on Education:
     
Economically Feasible Methods to Provide Access to Library Services for Citizens Living in Remote Areas;

     
Grievance Procedures for Public School Employees;

     
School Transportation;

     
Changing Role of School Counseling and Potential Impact of Counselors on Students in the Public Schools of the State.

     2.   Joint Standing Committee on Finance:
     
Subcommittee A - Reorganizing Executive Branch of Government; Newborn Health Screening;

     
Subcommittee B - Impact of Tax Base of Local Governments When Private Lands Are Converted to Parks or Forests; Legislative Budgetary Controls;

     
Subcommittee C - Governmental Purchasing System.

     3.   Joint Standing Committee on Government Organization:
     
Subcommittee A - County and Municipal Land-use Planning; Powers, Duties and Functions of the Governor's Cabinet on Children and Families;

     
Subcommittee B - Wheelchair Accessible Ramps and Covered Walkways to Wings of State Capitol; Planning Safe Evacuation of People with Disabilities from State Capitol Complex; State's Vital Statistics System;

     
Subcommittee C - Feasibility of Developing and Maintaining a Central Abuse Registry; Feasibility of Establishing a Statewide Trail Coordinator to Promote Tourism and Economic Development; Chapter 30 Licensing Board Issues.

     4.   Joint Standing Committee on the Judiciary:
     
Subcommittee A - Teenage In-vehicle Alcohol and Drug Use; Hospital Overtime Policies; All-terrain Vehicles; Regulation of Licensed Health Care Professions; Annexation Laws;

     
Subcommittee B - Improving Department of Transportation Employee Handbook; Administration of Estates; Payday Advances and Lending; Clean Elections; Sustainable Business Program;

     
Subcommittee C - Bail Bondsmen; State Response to Acts of Terrorism; Expungement of First Offender Records; Identity Conversions; Polygraph Testing for Sex Offenders.

     5.   Joint Standing Committee on Pensions and Retirement:
     
Converting Teachers Retirement System to Defined Benefit Retirement System;

     
Retirement Programs for Certain Employees;

     
Feasibility of Providing Retirement Programs for Various State Agencies.

     F.   The Joint Committee on Government and Finance authorized combined internship programs as follows:
     
Legislative Intern Committee - Frasure-Singleton Intern Program; Graduate Student Intern Program (Walter Rollins Scholars Intern Program and Robert W. Burk, Jr., Student Intern Program); Herndon Legislative Fellows Program.

     G.   The Joint Committee on Government and Finance also received monthly and quarterly status reports on the following:
     Board of Risk and Insurance Management;
     Children's Health Insurance Program;
     Lottery;
     Medicaid;
     Public Employees Insurance Agency; 
     State's General Revenue Fund;
     Unemployment Compensation Trust Fund;
     Welfare Reform;
     Workers' Compensation Trust Fund.
     Postaudit reports released by the Postaudits Subcommittee are on file in the Postaudit Division of the Legislative Auditor's Office. Other reports are on file in the Legislative Manager's Office.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               President, Senate,
                               Robert S. Kiss,
                               Speaker, House of Delegates,
                               Cochairs.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Com. Sub. for Senate Bill No. 52, Allowing motorcycle registration plates to be fastened in vertical position.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 268, Continuing division of motor vehicles.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 269, Continuing division of purchasing within department of administration.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 324, Continuing division of personnel.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Senate Bill No. 500, Relating to fees for agents selling hunting and fishing licenses.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 4477.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 500, 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 and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and White--2.
     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. 500) passed with its title.
     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 adoption by that body and requested the concurrence of the Senate in the adoption of
     Eng. House Joint Resolution No. 114--Proposing an amendment to the Constitution of the State of West Virginia, authorizing appropriations and the issuance and sale of additional state bonds in an amount not exceeding eight million dollars for the purpose of paying bonuses to certain veterans or to relatives of certain veterans; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
     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. 2692--A Bill to amend and reenact §11-6C-1 of the code of West Virginia, 1931, as amended, relating to appraising of dealer inventory and including motorboat inventory sold by motorboat retailers within the scope of the section.
     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 and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2706--A Bill to amend and reenact §18-29-5 of the code of West Virginia, 1931, as amended, relating to compensation paid to members of the education and state employee grievance board.
     Referred to the Committee on Government Organization; 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. 2912--A Bill to amend and reenact §18-7B-7 of the code of West Virginia, 1931, as amended, relating to providing the option for former state employees who were members of the West Virginia public employees retirement system prior to the first day of July, one thousand nine hundred ninety-one, who became employed with a school district after the first day of July, one thousand nine hundred ninety-one, and who were precluded from becoming members of the state teachers retirement system in favor of the defined contribution retirement system, to exercise the option to transfer to the state teachers retirement system.
     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. 2991--A Bill to amend and reenact §44-2-1 of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the fee charged by fiduciary commissioners in settling an estate.
     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 and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3004--A Bill to amend and reenact §19-20-12 of the code of West Virginia, 1931, as amended, relating to prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog without the permission of the owner.
     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. 3106--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H- 5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; powers and duties of the department of agriculture; promulgation of rules; duties and obligation of the commissioner; application process; issuance, renewal, modification, and transfer of a license certificate; inspection of facilities; transition of current facilities; noncompliance with article and providing for certain criminal penalties and remedies.
     Referred to the Committee on Natural Resources; 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. 3118--A Bill to amend and reenact §16-13A-4 of the code of West Virginia, 1931, as amended, relating to payments to public service district board members; increasing the salary of public service district board members; clarifying when salary and expense payments may be made; and adding sewer service to the salary schedule for public service districts which contract with others to provide service.
     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 July 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3189--A Bill to amend and reenact §5E-1-8 of the code of West Virginia, 1931, as amended, relating to reducing the total tax credits available under the capital company act during the fiscal year beginning on the first day of July, 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. 4003--A Bill to amend and reenact §15-2A- 2, §15-2A-6, §15-2a-9 and §15-2A-10 of the code of West Virginia, 1931, as amended, all relating to the West Virginia state police retirement system; providing definitions for month of service and years of service; lowering the normal retirement age; specifying starting date of annuity; and eliminating any reduction in the benefit of a state police officer who is disabled on the job.
     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. Com. Sub. for House Bill No. 4006--A Bill to amend and reenact §5A-3-4 of the code of West Virginia, 1931, as amended, relating to increasing vendor registration fees within the division of purchasing for the maintenance and auditing of contracts entered into by the state and including lessors of real property as vendors for the purpose of this article.
     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. 4008--A Bill to amend and reenact §5-10D- 1, §5-10D-2 and §5-10D-3 of the code of West Virginia, 1931, as amended; to amend and reenact §5-16-3 and §5-16-4 of said code; to amend said code by adding thereto a new section, designated §5-16- 4a; to amend and reenact §5A-1-2 of said code; to amend said code by adding thereto a new article, designated §5A-10-1, §5A-10-2 and §5A-10-3; and to amend and reenact §29-6-5 and §29-6-6 of said code, all relating to creating a new employee and insurance services division within the department of administration and revising the law governing its component agencies and boards; providing that the division incorporate the consolidated public retirement board, the public employees insurance agency, the board of risk and insurance management, the children's health insurance agency, the education and state employees grievance board and the personnel division; creating the office of commissioner of the division; providing for the powers and duties of the commissioner; authorizing the commissioner to consolidate or reorganize certain internal functions and operations, transfer funds within the agencies and assess agencies with costs; providing that the commissioner chair certain boards and appoint directors of component state agencies within the division; providing for sunset review of division and office of commissioner; removing requirement of nonparticipation in state retirement program for attorney hired to work with the consolidated public retirement board; authorizing compensation and expenses for board members; establishing employment requirements for director of public employees insurance agency; and adding members to public employees insurance agency finance board.
     Referred to the Committee on Government Organization; 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. 4009--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-11, relating to the creation of a position within the department of administration for the implementation and monitoring of a statewide program to assure compliance with 42 U.S.C. §12101, et seq., the federal Americans with Disabilities Act.
     Referred to the Committee on Government Organization; 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. 4018--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9A-5c, relating to public school support; making legislative findings and purpose; providing a foundation allowance safety net for low student enrollment counties; and authorizing the waiver of certain student to personnel ratios.
     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. 4019--A Bill to amend and reenact §17A-2A-4, §17A-2A-7 and §17A-2A-11 of the code of West Virginia, 1931, as amended, all relating to prohibiting the division of motor vehicles' sale of personal information for bulk distribution of surveys, marketing and solicitations.
     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. 4033--A Bill to amend and reenact §17-16A-11 of the code of West Virginia, 1931, as amended, relating to authorizing the issuance of new parkway revenue bonds; establishing a two hundred million dollar ceiling on the aggregate outstanding principal amount of such parkway revenue bonds issued under such section from time to time outstanding; setting forth method of calculation of outstanding bond indebtedness; limitations; authorized expenditures of bond proceeds; specifying condition precedent to issuance of additional bonds; and limiting effect of amendments to section.
     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. 4036--A Bill to amend and reenact §4-11A- 1, §4-11A-2 and §4-11A-3 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto sixteen new sections, designated §4-11A-6, §4-11A-7, §4-11A-8, §4-11A-9, §4- 11A-10, §4-11A-11, §4-11A-12, §4-11A-13, §4-11A-14, §4-11A-15, §4- 11A-16, §4-1A-17, §4-11A-18, §4-11A-19, §4-11A-20, §4-11A-21 and §4-11A-22, all relating to legislative appropriation of tobacco settlement funds; setting forth legislative findings and purposes; receipt of settlement funds and required deposit in West Virginia tobacco settlement medical trust fund; receipt of settlement funds and required deposit in the West Virginia tobacco settlement fund; creation of tobacco settlement finance authority and providing for general powers; establishing governing board of authority; defining staff of the authority; limitation of liability; providing certain definitions; authorizing sale of rights in a master settlement agreement; authorization of bonds of the authority; providing for the use of proceeds of bonds of the authority; creating a workers' compensation commission settlement account; providing an exemption from state purchasing provisions; providing for the delivery of an annual report by the authority to the governor; providing bankruptcy provisions; establishing the dissolution of the authority; severability of sections; and construction of article.      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. Com. Sub. for House Bill No. 4047--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13U-1, §11-13U-2, §11-13U-3, §11-13U-4, §11-13U-5, §11-13U-6, §11-13U-7, §11-13U-8, §11-13U-9 and §11-13U- 10, all relating to the high-growth business investment tax credit.
     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. 4056--A Bill to amend and reenact §59-1-14 of the code of West Virginia, 1931, as amended, relating to increasing service of process fees charged by the sheriff; and providing that two dollars of the fees charged and collected by the sheriff for service of process be placed in the deputy sheriff retirement fund and that three dollars of the increased fees be placed in the general revenue account of the county commission.
     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. Com. Sub. for House Bill No. 4077--A Bill to amend and reenact §21A-6-3 of the code of West Virginia, 1931, as amended, relating to unemployment compensation generally; and eliminating reductions in unemployment compensation for persons receiving benefits under Title II of the Social Security Act.
     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. Com. Sub. for House Bill No. 4113--A Bill to amend and reenact §30-1-12 of the code of West Virginia, 1931, as amended, relating to requiring state boards of examination and registration provided in chapter thirty of the code to have websites accessible to the public; specifying minimum content; providing that the state treasurer may assist the boards in developing the websites; and requiring the governor to ensure that links to each of the boards websites are accessible through the state's internet website.
     Referred to the Committee on Government Organization; 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. 4123--A Bill to amend and reenact §50-1-3, §50-1-8 and §50-1-9 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §50-1-9b, all relating to magistrate courts; modifying the criteria upon which magistrate, magistrate court clerk, and magistrate assistant salaries are based; authorizing the supreme court of appeals to create a panel of senior magistrate court clerks; granting authority to senior magistrate court clerks to fill certain vacancies; authorizing the supreme court of appeals to promulgate rules for senior magistrate court clerks; providing for reasonable compensation to senior clerks; providing for reimbursement of certain expenses incurred by senior clerks.
     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 July 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4130--A Bill to amend and reenact §18A-5-4 of the code of West Virginia, 1931, as amended, relating to condition precedent to required attendance by teachers at meetings or professional development functions held by or at direction of state department of education.
     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. 4167--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 and §19-9B-9, all relating to the regulating the possession and sale of domestic and exotic animals; creating the exotic and domestic animal public safety board and the exotic and domestic animal study commission; establishing duties; providing rule-making authority; requiring all sellers of animals to register; authorizing inspections; providing for testing, seizing and quarantining animals; and establishing criminal penalties.
     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. Com. Sub. for House Bill No. 4200--A Bill to amend and reenact article 6, chapter 64 of the code of West Virginia, 1931, as amended; 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 fire marshal to promulgate a legislative rule relating to the certification of electrical inspectors; authorizing the fire marshal to promulgate a legislative rule relating to fees for licenses, permits, inspections, plans review and other services rendered; and authorizing the state police to promulgate a legislative rule relating to the career progression system.
     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. Com. Sub. for House Bill No. 4205--A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended; 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 health and human resources to promulgate a legislative rule relating to eligibility standards for economic assistance from the James "Tiger" Morton catastrophic illness fund; authorizing the division of health to promulgate a legislative rule relating to assisted living residences; authorizing the division of health to promulgate a legislative rule relating to cross connection and backflow prevention; authorizing the division of health to promulgate a legislative rule relating to the certification of backflow prevention assembly testers; authorizing the division of health to promulgate a legislative rule relating to the state-wide trauma/emergency care system; authorizing the division of health to promulgate a legislative rule relating to public water systems; authorizing the division of health to promulgate a legislative rule relating to childhood lead screening; authorizing the division of health to promulgate a legislative rule relating to fees for services; authorizing the division of health to promulgate a legislative rule relating to residential board and care homes; and authorizing the division of health to promulgate a legislative rule relating to the birth defects information system.
     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. Com. Sub. for House Bill No. 4217--A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended; 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 division of banking to promulgate a legislative rule relating to residential mortgage lenders, brokers and loan originators; authorizing the insurance commissioner to promulgate a legislative rule relating to the licensing and conduct of individual insurance producers, agencies and solicitors; authorizing the insurance commissioner to promulgate a legislative rule relating to surplus lines insurance; authorizing the insurance commissioner to promulgate a legislative rule relating to Medicare supplement insurance; authorizing the insurance commissioner to promulgate a legislative rule relating to accident and sickness rate filing; authorizing the insurance commissioner to promulgate a legislative rule relating to credit for reinsurance; authorizing the insurance commissioner to promulgate a legislative rule relating to self-insurance pools for political subdivisions; authorizing the lottery commission to promulgate a legislative rule relating to the state lottery; authorizing the lottery commission to promulgate a legislative rule relating to limited video lottery; authorizing the racing commission to promulgate a legislative rule relating to thoroughbred racing; authorizing the racing commission to promulgate a legislative rule relating to greyhound racing; and authorizing the tax commissioner to promulgate a legislative rule relating the alternative resolution of tax disputes.
     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. 4283--A Bill to amend and reenact §61-7-4 of the code of West Virginia, 1931, as amended, relating to all honorably retired law-enforcement officers of the state being exempt from application fees and from bonding requirements.
     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 July 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4284--A Bill to amend and reenact §18A-2-2 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-2-14, relating to providing eligibility for an early notification of retirement for service personnel and specifying the amount.
     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. 4299--A Bill to amend and reenact §21-11-3, §21-11-4, §21-11-6, §21-11-12, §21-11-13, §21-11- 15, §21-11-17 and §21-11-20 of the code of West Virginia, 1931, as amended, all relating to modifications to the West Virginia contractor licensing act; by increasing the cost of the undertaking in the definition of a contractor; providing compensation for board members; increasing the penalty for failing to conspicuously display license; exempting certain work from licensure; decreasing the period that a lapsed license may be renewed; providing for an appeal of penalty for contracting without a license; and removal of references to the board in certain sections.
     Referred to the Committee on Energy, Industry and Mining; 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. 4303--A Bill to repeal §33- 12-26 of the code of West Virginia, 1931, as amended; to amend and reenact §33-3-33 of said code; to amend and reenact §33-12-3, §33- 12-8, §33-12-10, §33-12-11, §33-12-18, §33-12-23, §33-12-27, §33- 12-28, §33-12-30, §33-12-31 and §33-12-32 of said code; to amend and reenact §33-12C-24 of said code; to amend and reenact §33-37-1, §33-37-2, §33-37-3, §33-37-4, §33-37-6 and §33-37-7 of said code; and to amend said code by adding thereto a new section, designated §33-37-8, all relating to insurance generally; bringing provisions into compliance with Gramm-Leach-Bliley; eliminating the residency restriction reporting requirement for surplus lines licensees remitting the insurance policy surcharge; defining subjects of insurance for which a license is required; increasing continuing education requirements; allowing nonresidents to obtain a limited license for automobile rental coverage; licensing of managing general agents; providing for certain penalties for violations by managing general agents; requiring fees for licensor; eliminating renewal of service representative permits; repealing insurance vending machines; repealing and eliminating countersignature requirements, effective thirty-first day of December, two thousand; and making technical corrections.
     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 and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4318--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12f, relating to providing an increasing modification to federal adjusted gross income for determining West Virginia taxable income for personal income tax purposes in the amount of any deduction previously taken for West Virginia personal income tax purposes for amounts deposited into a prepaid tuition contract or other college savings plan administered by the board of trustees of the college prepaid tuition and savings program, pursuant to article thirty, chapter eighteen of the West Virginia code, and subsequently withdrawn from the prepaid tuition contract or other college savings plan, and used for purposes other than those qualified under section 529 of the Internal Revenue Code; and providing effective date.
     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. 4330--A Bill to repeal §16-5-12a, §16-5- 12b, §16-5-18a and §16-5-18b of the code of West Virginia, 1931, as amended; to amend and reenact §16-5-1, §16-5-2, §16-5-3, §16-5-4, §16-5-5, §16-5-6, §16-5-7, §16-5-8, §16-5-9, §16-5-10, §16-5-11, §16-5-12, §16-5-13, §16-5-14, §16-5-15, §16-5-16, §16-5-17, §16-5- 18, §16-5-19, §16-5-20, §16-5-21, §16-5-22, §16-5-23, §16-5-24, §16-5-25, §16-5-26, §16-5-27, §16-5-28, §16-5-29, §16-5-30, §16-5- 31, §16-5-32, §16-5-33, §16-5-34, and §16-5-35 of said code; and to amend said code by adding thereto three new sections, designated §16-5-36, §16-5-37 and §16-5-38, all relating to vital records; defining terms; establishing section of vital statistics within the bureau for public health; authorizing legislative rules; authorizing the appointment of a state registrar; delineating duties and powers of state registrar; authorizing registration districts; authorizing appointment and removal of local registrar and deputy local registrars; delineating duties of local registrars and deputy local registrars; authorizing state registrar to approve document forms; requiring the filing of certificates of birth; establishing criteria for paternity to be indicated on birth certificate; allowing for amendment of birth records; requiring the reporting of specified birth defects; requiring notations of missing children on birth records; requiring reporting of infants of unknown parentage; providing for delayed registration of births; providing for establishment of facts of birth through judicial procedure; requiring courts to report adoptions, annulments of adoptions or amendments of orders of adoptions; requiring courts to report paternity determinations; providing for new birth certificates following adoption, legitimation, or paternity acknowledgment or determination; requiring reporting of death and fetal death; providing for delayed registration of death; authorizing disposition, disinterment and reinterment permits; authorizing corrections and amendments to vital records; authorizing reproduction and disposal of vital records; providing for disclosure of information for research purposes; providing for issuance of certified copies of vital records; authorizing fees for copies and record searches; setting forth duties to keep records and furnish vital information; authorizing registrar to match birth and death records; limiting use of social security numbers; authorizing the establishment of system of registering records of marriage, divorce and annulment; requiring reporting of marriages, divorces and annulments; providing penalties for violations; and continuing the section of vital statistics.
     Referred to the Committee on Government Organization; then 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 and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4354--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to authorizing county commissions to adopt ordinances to reduce false alarms.
     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 July 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4357--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-5b; 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; to amend and reenact §11-10-3 of said code; and to amend said code by adding thereto a new section, designated §11-10-11b, all relating to authorizing municipalities to impose an alternative one percent municipal sales and service tax on the privilege of selling tangible personal property or custom software and for the privilege of furnishing certain select services in the municipality, and an alternative municipal use tax on the use of tangible personal property, custom software or taxable services in the municipality, in lieu of imposing a business and occupation tax; administrative provisions; collection and disposition of revenues; and criminal penalties.
     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. Com. Sub. for House Bill No. 4377--A Bill to amend and reenact §30-3-12 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-20F-4, §33-20F-5 and §33-20F-7 of said code, all relating to physicians generally; permitting a physician who allows his or her medical license to expire upon retirement to retain the original wall license issued by the board of medicine; clarifying and correcting the premium taxes that the physicians' mutual insurance company will be subject to; amending provisions relating to the one-time assessment on physicians.
     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. 4390--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-32, relating to making tongue splitting a crime unless performed by a licensed physician or osteopath; and providing for a penalty.
     Referred to the Committee on Health and Human Resources; and then 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. 4412--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16B-6c, relating to directing the children's health insurance board to study all available means to develop a plan modification to permit participation by families with income levels between two hundred percent and three hundred percent of the federal poverty level; findings; premium; and report to Legislature.
     Referred to the Committee on Health and Human Resources; 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. 4415--A Bill to amend and reenact §6-9-7 of the code of West Virginia, 1931, as amended, relating to giving the state auditor, as the chief inspector, flexibility in determining when to conduct audits on local government offices and when to conduct a review on them.
     Referred to the Committee on Government Organization; 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. 4431--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-9b, relating to establishing a lottery scratch- off game for the benefit of West Virginia firefighters; creating fund; providing for legislative rule and expenditures from the fund.
     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 and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4441--A Bill to amend and reenact §16-22-3 of the code of West Virginia, 1931, as amended, relating to the expansion of newborn testing to include sickle cell anemia and congenital adrenal hypoplasia.
     Referred to the Committee on Health and Human Resources; 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 July 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4453--A Bill to amend and reenact §7-14D- 2, §7-14D-5, §7-14D-7, §7-14D-12, §7-14D-13, §7-14D-14, §7-14D-15, §7-14D-20, §7-14D-21 and §7-14D-23 of the code of West Virginia, 1931, as amended, and to further amend said code by adding thereto a new section, designated section §7-14D-24a, all relating to benefits and responsibilities in the deputy sheriffs' retirement system generally; providing for membership of certain persons not employed as a deputy when system initiated; changing method for determining contributions to the system's fund; providing for calculation of contributions required upon reemployment as deputy sheriff; removing language providing for benefits upon reaching early retirement age; changing method for calculating retirement benefits; providing right of members to name a beneficiary in certain circumstances; providing for distribution of accumulated contributions to member's estate in certain circumstances; limiting system loans to members; and providing for determining payment of benefits prior to, during and after deputy retiree returns to work as a deputy.
     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. Com. Sub. for House Bill No. 4455--A Bill to amend and reenact §17-24-4 and §17-24-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-24-10, all relating to the waste tire remediation program; allowing balance in fund at end of fiscal year to be transferred to state road fund in certain circumstances; and continuation of the waste tire remediation program.
     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. 4468--A Bill to amend and reenact §16-15-7 and §16-15-18 of the code of West Virginia, 1931, as amended, all relating to allowing housing development authorities to pay for persons of eligible income the costs of preparation of any title instrument, deed of trust, note or security instrument, the costs of recording any title instrument, deed of trust, note or security instrument and the amount of impact fees imposed.
     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 and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4474--A Bill to amend and reenact §29-22-12 of the code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-16 of said code, all relating to video lottery offenses in general; making it a felony to steal lottery tickets and establishing the penalty therefor; and making it a felony to use, or assist another in the use of, certain electronic, electrical, or mechanical devices to obtain an advantage at playing any racetrack video lottery machine, and establishing the penalty therefor.
     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. 4489--A Bill to amend and reenact §48-1-230 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §48-18-119a and §48-18-119b, all relating to child support generally; providing for liens upon child support obligors' proceeds from worker's compensation awards, from civil settlements, judgments, or awards from arbitration or other alternative dispute resolutions.
     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. 4491--A Bill to amend and reenact §22A-1-8, §22A-1-9, §22A-1-11, §22A-1-12 and §22A-1-13 of the code of West Virginia, 1931, as amended, all relating to mine inspectors and instructors employed by the office of miners' health, safety and training; regions and districts; and qualifications, examinations, appointments, salaries, expense reimbursements, tenure and removal of mine safety instructors, electrical inspectors and mine inspectors.
     Referred to the Committee on Energy, Industry and Mining; 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. 4492--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3C-14b, relating to creating the criminal offense of soliciting a minor via computer to commit any illegal act; and providing penalties.
     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. 4495--A Bill to amend and reenact §18B-12-10 of the code of West Virginia, 1931, as amended, relating to the assignment and transfer of real property for research and development at institutions of higher education for economic development purposes; and providing that economic development includes housing projects.
     Referred to the Committee on Education.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect October 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4514--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5, §17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9, §17C-5C-10, §17C-5C-11, §17C-5C-12, §17C-5C-13, §17C-5C-14, §17C-5C-15, §17C-5C-16, §17C-5C-17, §17C-5C-18 and §17C-5C-19, all relating to creating one or more pilot programs establishing a court referral officer program to promote the screening, evaluation, education, treatment and rehabilitation of persons who are repeat offenders or serious offenders under provisions relating to driving under the influence of alcohol, controlled substances or drugs.
     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 and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4516--A Bill to amend and reenact §19-21A-4 and §19-21A-7 of the code of West Virginia, 1931, as amended, all relating to the state conservation committee and conservation districts; adding a member to the committee; designating the committee's supporting staff as the West Virginia conservation agency; and increasing the per diem rate for conservation supervisors.
     Referred to the Committee on Government Organization; 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. 4521 --A Bill to amend and reenact §22-17- 20 of the code of West Virginia, 1931, as amended, relating to the underground storage tank act; increasing the annual registration fee; requiring emergency rule; increasing cap amount for underground storage tank fund; and requiring annual report to the joint committee on government and finance.   
     Referred to the Committee on Energy, Industry and Mining; 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. 4535--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-32, relating to providing relief from property taxes when real or personal property is damaged or destroyed in a disaster.
     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 and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4536--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-10A-1, §15-10A-2, §15-10A-3, §15-10A-4, §15-10A-5 and §15-10A-6, all relating to establishing the law- enforcement re-employment act; legislative findings; authorizing the re-employment of retired county and municipality law- enforcement officers, and division of natural resource law- enforcement officers; examination requirements; coverage for illness or injury; ineligibility for contributions to pensions; and employment status, civil service and retirement benefits.
     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. 4545--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7B-7a; and to amend said code by adding thereto a new article, designated §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18- 7C-11, §18-7C-12, §18-7C-13 and 18-7C-14, all relating to the merger and consolidation of the teachers' defined contribution retirement system and the state teachers retirement system generally; closing the teachers' defined contribution retirement system to newly hired personnel; providing that certain persons rehired are to become members of the last plan contributed to; setting forth short title; providing legislative findings and purpose; providing definitions; providing for merger and consolidation of the teachers' defined contribution retirement system and the state teachers retirement system upon election; providing responsibilities of the consolidated public retirement board; setting forth dates and time periods for transition and election; requiring that increase of or new benefits to the teachers retirement system be amortized over a seven-year time period; providing for education about election and merger for members; requiring legal notice to members; providing for transfer of assets from the teachers' defined contribution retirement system to the state teachers retirement system upon favorable vote for consolidation and merger; providing that the teacher's defined contribution retirement system shall not exist upon favorable vote for consolidation and merger; setting forth terms of merger and consolidation of the teachers' defined contribution retirement system and the state teachers retirement system; providing for service credit in the state teachers retirement; requiring members of teachers' defined contribution plan to pay additional amount to receive credit upon merger; providing options and loans for members moving to the remaining plan; providing service credit for transferring member; addressing withdrawals and cash outs; providing for election on the question of merger and consolidation of the teachers' defined contribution retirement system and the state teachers retirement system; setting forth requirements of election; allowing consolidated public retirement board to contract directly for professional services for purposes of performing its responsibilities related to the merger and consolidation and conducting the election; permitting only one election; addressing qualified domestic relations orders; providing for vesting of members and minimum guarantees of benefits for them; providing for due process and right to appeal; and providing for nonseverability of the new article.
     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. Com. Sub. for House Bill No. 4561--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-5f, relating to authorizing the director of the division of natural resources to allow a nonresident to seasonally train dogs for coon hunting, if the nonresident's state reciprocates for West Virginia residents; and establishing the dog training season.
     Referred to the Committee on Natural Resources.
     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. 4562--A Bill to amend and reenact §18-7B- 7, §18-7B-9, §18-7B-11 and §18-7B-16 of the code of West Virginia, 1931; and to amend said code by adding thereto a new section, designated §18-7B-20, all relating to the rights of members of the teachers' defined contribution retirement system to make a technical correction to clarify membership; permitting periodic payment distributions; prohibiting involuntary distributions; clarifying service credit for vesting and suspense account and clarifying forfeiture money payment.
     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. Com. Sub. for House Bill No. 4566--A Bill to amend and reenact §61-10-15 of the code of West Virginia, 1931, as amended, relating to allowing continued employment of a spouse of a newly elected county commissioner with tenured service with a county agency to keep their job.
     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
     EngHouse Bill No. 4567--A Bill to amend and reenact §11-14A- 2, §11-14A-3a, §11-14A-4, §11-14A-5, §11-14A-6, §11-14A-7, §11-14A- 9, §11-14A-11, §11-14A-13, §11-14A-16, §11-14A-27 and §11-14A-28 of the code of West Virginia, 1931, as amended; and to further amend and reenact §11-14B-1, §11-14B-2, §11-14B-3, §11-14B-5, §11-14B-6, §11-14B-10 and §11-14B-14 of said code, all relating to the motor carrier road tax and international fuel tax agreement; defining certain motor carrier road tax terms; applying motor carrier road tax to household goods carriers and independent contractors; establishing liability for tax between lessors and lessees; restating method of computing tax; revising time for payment of taxes and filing reports; providing penalty for failure to maintain certain records; authorizing tax commissioner to issue assessment for erroneously calculated tax; requiring identification markers and providing for the revocation and removal thereof; prohibiting trip permits for certain motor carriers; providing civil penalty of revocation when taxpayer acts contrary to law; establishing new crimes and providing criminal penalties therefor; providing for administration of certain credits against motor carrier road tax; eliminating requirement for surety bond conditioned on compliance with law; authorizing disposition of taxes collected under article fourteen-b, chapter eleven of this code; increasing penalty for failure to file return when no tax due; authorizing interest rate on delinquent motor carrier road tax to be one percent per month; establishing effective date of amendments; defining certain international fuel tax agreement terms; establishing identification marker requirements; reserving authority of state to determine applicability of state law; establishing application of article fourteen-a, chapter eleven of this code; specifying those subject to the provisions of the article fourteen-a, chapter eleven of this code; authorizing audits by the tax commissioner; and providing that state law controls in the event of inconsistency with the international fuel tax agreement.
     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. 4582--A Bill to amend and reenact §21-3C-1, §21-3C-2, §21-3C-3, §21-3C-4, §21-3C-5 and §21-3C-6 of the code of West Virginia, 1931, as amended, all relating to elevator safety; adding and modifying definitions; adding grounds for revocation or suspension of certificate of competency; limiting division inspectors to inspections of state owned elevators; and making technical and stylistic changes.
     Referred to the Committee on Labor; 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. 4593--A Bill to amend and reenact §17C-17-6a of the code of West Virginia, 1931, as amended, relating to safe transport of compressed gas containers.
     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. 4598--A Bill to amend and reenact §49-1-5 of the code of West Virginia, 1931, as amended, all relating to restricting courts from requiring conditions on the out-of-home placement of children inconsistent with existing licensing regulations.
     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. 4605--A Bill to amend and reenact §48-5-509 and §48-5-608 of the code of West Virginia, 1931, as amended; to amend and reenact §48-27-401, §48-27-902, §48-27- 903, §48-27-1001 and §48-27-1102 of said code; to amend and reenact §61-2-9 and §61-2-28 of said code; and to amend and reenact §61-7-4 and §61-7-7 of said code, all relating to domestic violence; clarifying the interaction between temporary and final domestic violence protective orders and the provisions of protective measures reflected in temporary or final divorce orders entered in divorce proceedings or other types of domestic proceedings; making the violation of emergency or final protective orders issued by injunctive relief or protective order in a divorce proceeding a misdemeanor; clarifying provisions related to the arrest and criminal enforcement of violations of protective orders to include the same; clarifying the penalties which may be imposed for the initial and repeated violation of such protective orders; authorizing the governor's committee on crime, delinquency and correction to develop and promulgate rules regarding the procedures for the dispatch of matters involving domestic violence; and relating to prohibitions against the issuance of licenses and permits to carry concealed weapons and the possession of firearms as they pertain to persons who have been convicted of domestic violence offenses and/or are subject to domestic violence protection orders.
     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. 4607--A Bill to amend and reenact §13-2C-3a of the code of West Virginia, 1931, as amended; and to amend and reenact §31-15-5 of said code, all relating to the economic development authority board; conferring the authority and duties of the industrial revenue bond allocation review committee to the board of the West Virginia economic development authority; and adding members to the board of the economic development authority.
     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. 4625--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-12a, relating to authorizing the tourism commission the use of the tourism promotion fund to support the 2004 Pete Dye West Virginia Classic to be held in this state in the year 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. 4626--A Bill to amend and reenact §18-2-5b of the code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-4 of said code, all relating to providing a salary supplement for providers of medicaid eligible services in the public schools and the financing thereof.
     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. 4634--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-8-14, relating to requiring persons incarcerated in county or regional jails who have been convicted of a misdemeanor to pay for the costs of his or her incarceration; providing an exemption for indigent persons and requiring community service in certain circumstances.
     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 and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4641--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5 and §30-7B-6, all relating to the delegation of dialysis care; authorizing delegation under certain circumstances; providing for training and testing standards; providing for approval or disapproval of training programs and testing organizations; providing for exceptions to training and testing requirements; authorizing rulemaking and emergency rulemaking; requiring facilities to provide information to the board; and providing for the expiration of authority in absence of sunrise application.
     Referred to the Committee on Health and Human Resources.
     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. 4649--A Bill to amend and reenact §49-5D-2, §49-5D-3 and §49-5D-3a of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §49-10-1, §49-10-2, §49-10-3, §49-10-4, §49-10-5, §49-10-6 and §49-10-7, all relating to child welfare; providing for a child advocacy center participation in multidisciplinary investigative teams; providing for uniform comprehensive assessments of children; preference to instate placement; including in team, child, the juvenile's attorney, appropriate school official, court-appointed special advocate when available, and a representative from the licensed domestic violence program serving the county, when appropriate and available; requiring team preference of instate placement; requiring court preference of instate placement; establishing child welfare oversight panel; providing purpose of panel; establishing membership requirements; establishing duties of the panel; requiring annual reporting; directing department of health and human resources participation in panel; providing for confidentiality of child specific information received by the panel; and providing limited immunity to persons participating in panel activities.
     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. 4653--A Bill to amend and reenact §20-2-23a of the code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §20-2-23g, all relating to conducting a study of the upper area New River; opening the area to permit for float trips and bateau style boats; and economic development.
     Referred to the Committee on Economic Development; and then 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. 4655--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16B-10, relating to subrogation rights of the children's health insurance plan; providing that submission of an application for benefits through the children's health insurance agency constitutes an assignment of rights to the agency to recover benefits paid by the agency; requiring that a jury is not to be informed of the interest of the agency; providing for the deduction of attorney fees from the amount paid to the agency; requiring a person with notice of the interests of the agency to withhold the amount of settlement proceeds necessary to reimburse the agency; and imposing liability on persons who fail to reimburse the agency.
     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 and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4658--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-21, relating to defense of self, others and property; and providing limited immunity from civil liability.
     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. 4660--A Bill to amend and reenact §5-3-5 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-3-6, relating to providing for the disposition of funds or assets recovered in a legal action or settlement by or on behalf of the general public, the state or its officers, agencies or political subdivisions; establishing the attorney general's litigation support fund; providing for the deposit of certain money into the fund; providing for the deposit of certain money into the general revenue fund of the state and exceptions thereto; requiring certification, records and reports of certain monies recovered and prescribing the use thereof; requiring certain disposition of funds to be held in trust; limiting certain powers to administrate certain funds; requiring legislative appropriation of certain funds; requiring certain advice be given to courts; prohibiting agreements to settle contrary to law; limiting actions and expenditures of funds public funds to challenge the constitutionality of the section; and limiting respondent parties to such action.
     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. 4669--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-3f, relating to providing for establishment of special five-year demonstration professional development school project; making certain findings; providing certain powers and duties of state superintendent with respect to project; requiring reports; and excluding requirement of specific appropriations.
     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. House Bill No. 4670--A Bill to amend and reenact §11-24- 3a of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §11-24- 7c, §11-24-7d and 11-24-13c, all relating generally to corporation net income tax; requiring additional adjustments to federal taxable income by certain corporations; authorizing tax commissioner to allocate income and deductions among taxpayers when necessary to properly reflect taxable income; allowing tax commissioner to require certain additional information from members of affiliated or controlled groups; and making technical changes and corrections.
     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. 4671--A Bill to amend and reenact §15-2-43 of the code of West Virginia, 1931, as amended; and to amend and reenact §20-7-1d of said code, all relating to the disposal of law- enforcement weapons when replaced due to routine wear.
     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. 4672--A Bill to amend and reenact §31B-12- 1207 of the code of West Virginia, 1931, as amended, relating to calculation of workers' compensation premiums for members of limited liability companies; and clarifying that workers' compensation coverage is not required for a person who is a member solely as an investor.
     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. 4708--A Bill to amend and reenact §24-6-6b of the code of West Virginia, 1931, as amended, relating to the wireless enhanced 911 fee; and adjusting the formula by which the public service commission distributes wireless enhanced 911 fees to the counties.
     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 and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4709--A Bill to amend and reenact §47-1-20 of the code of West Virginia, 1931, as amended, relating to allowing the commissioner of labor to charge fees for laboratory services and calibrations by rule; establishing a special revenue account to be used by the division of labor for the enforcement of weights and measures statutes.
     Referred to the Committee on Labor; 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. 4714--A Bill to amend and reenact §18-2D-1 of the code of West Virginia, 1931, as amended, relating to community education; legislative findings and purpose; and clarifying that certain community education programs support public education.
     Referred to the Committee on Education.
     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. 4737--A Bill to amend and reenact §18-7A- 14b of the code of West Virginia, 1931, as amended, relating to providing options for members of teachers retirement to make contributions for periods of temporary total disability.
     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, to take effect July 1, 2004, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4738--A Bill to amend and reenact §18A-4-8 of the code of West Virginia, 1931, as amended, all relating to salaries, wages and other benefits of school service personnel; and adding new class title positions for administrative assistant and cook IV to be paid from county funds equivalent to certain pay grades.
     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. House Bill No. 4739--A Bill to amend and reenact §4-11A- 1, §4-11A-2 and §4-11A-3 of the code of West Virginia, 1931, as amended, all relating to legislative appropriation of tobacco settlement funds and strategic contribution funds.
     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 and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4740--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-12D-1, §29-12D-2 and §29-12D-3, all relating to the establishment, initial funding and operation of a patient injury compensation fund; creating a patient injury compensation fund; providing initial funding for the fund; specifying that the fund shall not be considered a defendant for certain actions and shall not be considered an insurer or insurance company under the code; providing that the fund shall be administered by the board of risk and insurance management; specifying certain powers and authority of the board in respect of the fund; providing that the assets of the fund shall be held in trust for their intended purposes, and managed and invested by the investment management board; requiring an annual audit of the fund by an independent actuary; providing that in no circumstance shall the state, the board, the investment board or any person or persons acting on their behalf be liable for the debts, liabilities or obligations of the fund; providing for payments from the fund to qualified claimants; providing limits on the amount on payment in respect of any occurrence; authorizing payments from the fund either in lump sums or in the form of periodic payments; authorizing the board to make payments from the fund in connection with the settlement of claims; establishing procedures for the payment of claims and settlement amounts; providing for proration of payments in a given fiscal year, in the event there are insufficient assets in the fund to make full payment of a claim or claims in such fiscal year; and authorizing the payment of reasonable attorney fees out of the fund as determined by the board of risk and insurance management.
     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. 4743--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-9, relating to establishing conditions precedent to eliminating certain National Collegiate Athletic Association eligible teams.
     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. House Bill No. 4745--A Bill to amend and reenact §17-2A- 23 of the code of West Virginia, 1931, as amended, relating to administration of repairs to vehicles and equipment by the division of highways; and providing for decertification of certified vendors in certain circumstances.
     Referred to the Committee on Transportation; 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. 4746--A Bill to amend and reenact §12-1-2, §12-1-7, §12-1-12 and §12-1-13 of the code of West Virginia, 1931, as amended; to amend and reenact §12-2-1 of said code; to amend and reenact §12-3-1 and §12-3-1a of said code; to amend and reenact §12-3A-3, §12-3A-4 and §12-3A-6 of said code; to amend and reenact §12-5-1 and §12-5-5 of said code; to amend and reenact §12-6-5 and §12-6-8 of said code; and to amend and reenact §18-30-4 of said code, all relating generally to the state treasurer's office; designating financial institutions as depositories for state funds; adding state and federal savings and loan associations as candidates for depository banks; defining spending unit for the purposes of chapter twelve of the code; allowing only the treasurer to enter into contracts for banking goods and services, except for the auditor obtaining the purchasing card; requiring financial institutions outside the state with state funds to meet the same collateral requirements for other depositories; clarifying that the treasurer may pay for banking goods and services by maintaining a compensating balance in an account other than only accounts that do not earn interest; adding electronic funds transfers to the methods the state uses to receive moneys; amending procedures for stale dated checks and requiring the treasurer to search for the payee; requiring spending units which have payments in which the checks have become stale to inform the treasurer's office when the stale dated checks contain federal funds, the amount of the federal funds and which account should receive the funds; specifying legal effect of documents and electronic signatures; adding the treasurer as additional administrator of the West Virginia check card; allowing the state treasurer to authorize spending units to assess and collect fees for electronic commerce receipts; requiring the state treasurer to issue legislative rules to authorize spending units to assess and collect fees for electronic commerce receipts; adding cash to the definition of securities; creating fund in treasury to allow for the deposit of cash into safekeeping and allowing the treasurer to invest the money and to prescribe forms and procedures for processing the moneys; amending provisions related to investment of funds of political subdivisions; requiring treasurer to contract with political subdivisions; changing the qualifications for certain members of the West Virginia college prepaid tuition and savings program and changing the appointment process of two members of the West Virginia college prepaid tuition and savings program.
     Referred to the Committee on Government Organization; 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. 4747--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-24a; and to amend and reenact §61-7-4 of said code, all relating to requiring the collection of fees by the state police for performing adult private employment fingerprinting or fingerprinting for federal firearm permits; and increasing fees to be paid to the superintendent of the state police prior to issuance of a concealed weapons permit.
     Referred 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. 3--Requesting the West Virginia Division of Highways to name that portion of highway beginning on State Route 75 at milepost 0.00 and extending to milepost 0.73, and including that portion of U.S. Route 52 extending from milepost 4.68 and terminating at milepost 16.59, the "Big Green Memorial Highway".
     Whereas, On November 14, 1970, seventy-five passengers, including the Marshall University football team, coaches, faculty, fans and flight crew perished in a tragic plane crash while returning to Tri-State Airport after a football game against East Carolina University; and
     Whereas, The tragic plane crash occurred in an area near that section of aforementioned highways and the City of Kenova in Wayne County; and
     Whereas, The City Council of Kenova conceived the idea of naming the "Big Green Memorial Highway" in honor of the plane crash victims, and the Big Green Scholarship Foundation affiliated with Marshall University wholeheartedly endorsed the proposal; and
     Whereas, The memory of the seventy-five persons who perished in the November 14, 1970, plane crash still lives in the hearts and minds of their family and friends and the entire Marshall University community, and thus it is only fitting that these highways so near the site of the tragic crash be memorialized in their name; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the West Virginia Division of Highways to name that portion of highway beginning on State Route 75 at milepost 0.00 and extending to milepost 0.73, and including that portion of U.S. Route 52 extending from milepost 4.68 and terminating at milepost 16.59, the 'Big Green Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways cause appropriate signs to be placed so designating the "Big Green Memorial Highway", and that two historical plaques recounting the tragic plane crash be placed on the northbound and southbound lanes of the "Big Green Highway" in the vicinity of the flight path of the plane; 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 the Division of Highways, the City of Kenova and the Big Green Scholarship Foundation.
     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. 4--Requesting the West Virginia Division of Highways to establish a "Robert L. Bradley, M.D., Ph.D., Brigadier General, Memorial Highway".
     Whereas, Dr. Robert L. Bradley served as Chief of Surgery at the VA Hospital in Huntington, West Virginia, for almost 25 years. During this time he performed over 20,000 major surgical procedures. Veterans from many states would travel to Huntington to have Dr. Bradley take care of them. He cared deeply about medicine and the quality of care afforded to veterans and their families; and
     Whereas, Dr. Robert L. Bradley, a native West Virginian, graduated from West Virginia University in 1939 and Northwestern University School of Medicine in 1942. He enlisted in the U. S. Army in 1942 as a Battalion Surgeon and served 30 months in the Southwestern Pacific arena in the jungles of New Guinea and on Luzon. He became one of the first general surgeons to be board certified in the State of West Virginia in 1951. In 1970, he transferred to the Veterans Hospital in Lexington, Kentucky as Chief of Surgery, a division of the University of Kentucky School of Medicine. He received his Ph.D. in Anatomy from the University of Kentucky. In 1975, he joined Marshall University's School of Medicine as a professor of anatomy and surgery. Dr. Bradley was responsible for laying the groundwork for the establishment of Marshall's medical school during the 1960s. He was Chairman of the Department of Surgery at Marshall University School of Medicine until his retirement in 1986. He retired from medicine 48 years after entering medical school at the age of 18. He has been described as "a great American of many words and wisdom whose passion, loyalty and laughter will always be present"; and
     Whereas, Dr. Bradley continued his career with the military following World War II. He was a graduate of the Command and General Staff College and the Army War College. He retired from the military with the rank of Brigadier General after 37 years of service. Over his professional career in medicine and in the military, he was the author of numerous scientific articles and papers, and is quoted in several standard medical texts. He was a Diplomat of the American Board of Surgery, a member of the American Medical Association and several other professional organizations. Dr. Robert L. Bradley passed away on January 22, 2002, and is buried in New Martinsville, West Virginia. His life centered around medicine, the military and the State of West Virginia; and
     Whereas, The life, dedication and accomplishments of Dr. Robert L. Bradley, a true mountaineer and great American, his contributions to his country, state, community and family should be recognized; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the West Virginia Division of Highways to establish and name the following portion of I-64 roadway the "Robert L. Bradley, M.D., Ph.D., Brigadier General, Memorial Highway":
     Beginning at a point on Wayne CR 3/2 being Mile Post 0.00 to Mile Post 1.25, thence on CR 3/1 from Mile Post 0.09 to Mile Post 0.00, thence CR 3 from Mile Post 2.72 to Mile Post 3.68, thence crossing the Wheeler Bridge to CR 5 Mile Post 1.15 to Mile Post 0.00, thence CR 7 from Mile Post 17.84 to Mile Post 16.70, thence CR 6 from Mile Post 0.00, thence CR 7 from Mile Post 17.84 to Mile Post 16.70, thence CR 6 from Mile Post 0.00 to Mile Post 1.26, thence CR 6/1 from Mile Post 0.00 to Mile Post 1.54 at the Wayne County, Cabell County Line, thence following a proposed new road known as "Spring Valley Connector, State Project X250-7/47-.0000" joining with I-64 at Mile Post 6.74; 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 the Division of Highways and the family of Dr. Bradley.
     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. 23--Requesting the Division of Highways to name the bridge, located approximately one mile east of the Huntington Mall on Route 60, the "George Adam Floding Bridge" in memory of the man who constructed the Blue Sulphur Springs Hotel near the same site where the bridge to be named is located.
     Whereas, George Adam Floding, was the founder of Blue Sulphur where he constructed the Blue Sulphur Springs Hotel; and
     Whereas, The Blue Sulphur Springs Hotel held its grand opening on July 4, 1885, during a time when no other development had occurred in the area; and
     Whereas, The hotel, constructed by Mr. Floding, was a grandly ornate three-story structure with a veranda on each floor where persons from as far away as Cincinnati, Ohio, (a faraway place relative to the modes and routes of travel that existed at the time) traveled for pleasure, social life and the perceived health benefits of the sulphur springs; and
     Whereas, While the old hotel constructed by Mr. Floding no longer exists, the community of Blue Sulphur has blossomed with the development of many housing developments; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Division of Highways is requested to name the bridge located approximately one mile east of the Huntington Mall on Route 60, the "George Adam Floding Bridge" in memory of the man who founded the community of Blue Sulphur and who constructed the Blue Sulphur Springs Hotel near the same site where the bridge is located; and, be it
     Further Resolved, That the Commissioner of Highways is hereby requested to erect at each entrance to the bridge a sign designating the bridge as "The George Adam Floding Bridge"; and, be it
     Further Resolved, That the Clerk is hereby directed to provide a copy of this resolution to the Commissioner of Highways and the Cabell County Commission.
     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. 47--Requesting the Joint Committee on Government and Finance to study providing for limitations on nurse overtime policies in hospitals operated by state agencies within West Virginia.
     Whereas, The Legislature has approved limitations on nurses' overtime in hospitals other than those operated by a state agency; and
     Whereas, The state has an interest in the quality of health care provided to patients in state-operated hospitals and in the health and fitness of the nurses on duty; and
     Whereas, Public hospitals strive to provide adequate care comparable to that provided in private hospitals; and
     Whereas, Public hospitals may experience a further shortage of nurses who may leave their workplace or profession because of stress related to working long hours; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study providing for limitations on nurse overtime policies in hospitals operated by state agencies within West Virginia; 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 the 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.
     Referred to the Committee on Rules.
     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. 67--Designating March 3rd, 2004 as "Disability Awareness Day.
     Whereas, There are approximately 400,000 West Virginians with disabilities; and
     Whereas, People with disabilities have the right to equal opportunity to live full productive lives in the community of their choice; and
     Whereas, People with disabilities have the right to receive the supports they need to exercise self-determination, achieve independence and become productive employees in the workplace; and
     Whereas, West Virginia's citizens with disabilities have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and
     Whereas, Such organizations as the Appalachian Center for Independent Living, Coalition for West Virginia's Children, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Advocates, West Virginia Assistive Technology System, West Virginia Developmental Disabilities Council, West Virginia Mental Health Consumers Association, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, West Virginia State Rehabilitation Council and the West Virginia Parent Information Project have all joined together to help increase public awareness of issues involving the many concerns of West Virginians' with disabilities; and
     Whereas, The purpose of Disability Awareness Day is to increase the awareness of legislators, administrations, policymakers and the public of the policy issues that are important to people with disabilities; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the West Virginia Legislature hereby designates March 3, 2004, as "Disability Awareness Day"; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.
     At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     At the request of Senator Ross, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
     The Senate proceeded to the sixth order of business.
     Senators Chafin and Caldwell offered the following resolution:
     Senate Concurrent Resolution No. 72--Requesting the Joint Committee on Government and Finance study the use of remote control locomotive technology in switching operations.
     Whereas, Helping secure a safe workplace for all West Virginia workers is a primary goal of the State of West Virginia; and
     Whereas, The State of West Virginia has Class I railroads involved in the continuous and extensive transportation of hazardous materials by rail which are subject to uncontrolled release if their containers rupture during a railroad derailment or collision; and
     Whereas, Thus far, all railroads have manned their locomotives with employees who are rigorously certified and fully qualified by standards established by the Federal Railroad Administration, which has issued guidelines to govern the day-to-day operational practices involving remote control locomotives and is studying the need to implement additional guidelines; and
     Whereas, Regulations for the use of remote control locomotives should be developed to ensure the highest level of skill and qualifications; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the use of remote control locomotive technology in switching operations; 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; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Allan Rutter, Administrator of the Federal Railroad Administration.
     Which, under the rules, lies over one day.
     Senators Chafin, Helmick, Sprouse, Facemyer, Bowman, Fanning, Deem, McKenzie, Harrison, Love, Minear, Snyder, Hunter, Dempsey, White, Oliverio, Minard, Kessler, Bailey, Ross, Jenkins, Guills, Tomblin (Mr. President), Unger, Rowe, Caldwell, Plymale, Edgell, McCabe, Prezioso, Boley, Weeks, Smith and Sharpe offered the following resolution:
     Senate Resolution No. 29--Designating March 4, 2004, as "Friends of Coal Day".
     Whereas, Since the formation of this state during the Civil War, there has been one constant, basic and essential industry that has fueled this state's economy, supported this nation through two world wars and other international conflicts and stands ready today to help this country become energy self-sufficient and that industry is coal; and
     Whereas, The extraction of coal from the hills and valleys of this state has been an integral part of the social and economic life of millions of West Virginians; and
     Whereas, Coal miners and their families represent a proud heritage of courage, strength of character and quiet confidence that has the respect and admiration of all West Virginians; and
     Whereas, The economic vitality of the coal industry is critically important to the future well-being of West Virginia and its citizens; and
     Whereas, "Friends of Coal" is a grassroots organization involving thousands of West Virginians, as well as citizens of other states, who are working diligently to ensure the future of West Virginia through a vibrant, essential and productive coal industry; therefore, be it
     Resolved by the Senate:
     That the Senate hereby designates March 4, 2004, as "Friends of Coal Day"; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor, the members of West Virginia's congressional delegation and the appropriate representatives of "Friends of Coal".
     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.
     Without objection, the Senate returned to the third order of business.
     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. 73--Designating Thursday, March 4, 2004, as "Friends of Coal Day" at the State Capitol.
     Whereas, Since the formation of this state during the Civil War, there has been one constant, basic and essential industry that has fueled this state's economy, supported this nation through two world wars and other international conflicts and stands ready today to help this country become energy self sufficient and that industry is coal; and
     Whereas, The extraction of coal from the hills, mines and valleys of this state has been an integral part of the social and economic life of millions of West Virginians; and
     Whereas, Coal miners and their families represent a proud heritage of courage, strength of character and quiet confidence that has the respect and admiration of all West Virginians; and
     Whereas, The economic vitality of the coal industry is critically important to the future well-being of West Virginia and its citizens; and
     Whereas, The "Friends of Coal" is a grassroots organization involving thousands of West Virginians, as well as citizens of other states, who are working diligently to ensure the future of West Virginia through a vibrant, essential and productive coal industry; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby declares Thursday, March 4, 2004, as "Friends of Coal Day" at the state capitol; and, be it
     Further Resolved, That all West Virginians are encouraged to celebrate March 4, 2004, as "Friends of Coal Day" at the state capitol; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor and the members of West Virginia's delegation in Congress.
     At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and again proceeded to the sixth order of business.
     Senators McCabe, Jenkins, Rowe, Caldwell and Unger offered the following resolution:
     Senate Resolution No. 30--Congratulating Marion Gail Byrd on her selection as West Virginia Mother of the Year, 2004.
     Whereas, Marion Gail Byrd is married to her beloved husband, Milton, with whom she shared the joy of having seven children who have blessed them with fourteen grandchildren and two great grandchildren; and
     Whereas, Marion Gail Byrd is a present member and former Capitol District President of the General Federation of Women's Clubs of West Virginia; and
     Whereas, Marion Gail Byrd is a member of the Kentucky-Ohio- West Virginia District Administrative Council for Pilot International Volunteer service organization; and
     Whereas, Marion Gail Byrd is a member of the St. Marks Episcopal Church of St. Albans and serves as Chair of the Altar Guild; and
     Whereas, Marion Gail Byrd has been selected by the West Virginia Organization of American Mothers, Inc., as the West Virginia Mother of the Year, 2004; and
     Whereas, Marion Gail Byrd will represent West Virginia at the American Mothers, Inc., Convention scheduled for April, 2004, in San Juan, Puerto Rico; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby congratulates Marion Gail Byrd on her selection as West Virginia Mother of the Year, 2004; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Marion Gail Byrd.
     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 Sprouse, Jenkins, Rowe, Caldwell and Unger offered the following resolution:
     Senate Resolution No. 31--Designating the month of March as "American Red Cross Month".
     Whereas, Founded in 1881 and chartered by Congress in 1905, the American Red Cross acts in times of need in this country and around the world; and
     Whereas, The American Red Cross is one of the most recognized humanitarian organizations and provides compassionate care to those who suffer disasters; and
     Whereas, American Red Cross volunteers provided food, clothing, shelter and mental health support to victims of nearly 742 disasters in recent years; and
     Whereas, Nearly 67,000 people in West Virginia have been trained by the American Red Cross in CPR, first aid, lifeguard techniques, water safety and HIV/AIDS education; and
     Whereas, Recruitment of West Virginians by the American Red Cross is continuous in seeking blood donations and blood products for critical medical treatments in our state; and
     Whereas, The generosity of contributions of time and money by the American people help the American Red Cross restore vital services to families in times of need; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby designates the month of March as "American Red Cross Month"; and, be it
     Further Resolved, That the Senate hereby recognizes the American Red Cross for its contributions to this state, the United States and the world; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the American Red Cross.
     At the request of Senator Sprouse, 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, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Concurrent Resolution No. 73 (originating in the Committee on Pensions)--Requesting the Joint Committee on Government and Finance appoint an interim committee to study establishing a separate retirement system for emergency medical services personnel suited to the unique characteristics of their employment.
     Whereas, Emergency medical services personnel must endure demanding and stressful circumstances and meet unique physical qualifications in their jobs which are different from those endured by most public employees; and
     Whereas, The work environment of emergency medical services personnel routinely exposes them to increased risk of injury and disease; and
     Whereas, The stressful work environment and demanding physical qualifications often require emergency medical services personnel to retire before reaching the usual retirement age of most public employees; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study establishing a separate retirement system for emergency medical services personnel suited to the unique characteristics of their employment; 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.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Concurrent Resolution No. 74 (originating in the Committee on Pensions)--Requesting the Joint Committee on Government and Finance study the potential cost and benefit to the state of exempting additional federal retirement benefits from federal adjusted gross income for state income tax purposes.
     Whereas, West Virginia's many positive features, such as scenic beauty, low crime rate, low housing costs, moderate climate and welcoming communities, make it an attractive residence option for retired persons; and
     Whereas, Many federal employees reside in West Virginia because of the state's proximity to the Washington, D. C., area and other nearby areas with concentrated opportunities for federal employment; and
     Whereas, Exempting additional federal retirement benefits from West Virginia income tax may attract and retain more retired persons to become citizens of the state; and
     Whereas, The growing population of retired citizens, including federal retirees, contributes to the economic vitality, cultural diversity and social progress of the communities; and
     Whereas, Some studies suggest that any loss of revenue resulting from exempting additional federal retirement benefits from state income tax may be offset by other economic contributions generated by attracting and retaining federal retirees in West Virginia; and
     Whereas, Exempting additional federal retirement benefits from state income tax would require review to ensure that all taxpayers are treated fairly and equitably and in a manner consistent with the state's constitution; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study the potential cost and benefit to the state of exempting additional federal retirement benefits from federal adjusted gross income for state income tax purposes; 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.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               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 Concurrent Resolution No. 75 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study requiring the arresting agency to pay certain costs of incarceration at regional jails.
     Whereas, Municipalities, towns and villages within a county may have arrest powers and may arrest individuals who are subsequently placed in regional jails; and
     Whereas, The cost per day for certain incarcerated inmates at regional jail facilities within the state is required to be paid by a county even when the county may not be the agency who arrested the individual subsequently placed in a regional jail; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study requiring the arresting agency to pay certain costs of incarceration at regional jails; 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.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Concurrent Resolution No. 76 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study the awarding of state contracts, loans, grants and industrial revenue bonds to companies outsourcing certain jobs.     
     Whereas, In recent years, a number of companies have replaced highly skilled workers from this state with lower-paid, foreign laborers, a practice known as outsourcing; and
     Whereas, In many cases, the impetus for the outsourcing is pressure from domestic and foreign capital venture companies that see foreign labor as a way of increasing their already significant profits; and
     Whereas, The preservation of jobs in this state is of critical importance to the economic vitality of the state and the local communities within the state; and
     Whereas, The economic dislocation caused by outsourcing jobs threatens the health, safety and welfare of the people of this state; and
     Whereas, A company that engages in outsourcing should not enjoy the benefits of a lucrative state or local procurement contract and should be prohibited from receiving any economic development assistance or subsidies from state or local government; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the awarding of state contracts, loans, grants and industrial revenue bonds to companies outsourcing certain jobs; 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.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Concurrent Resolution No. 77 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study the West Virginia Affordable Housing Trust Fund.
     Whereas, The Affordable Housing Trust Fund was created by the Legislature in 2001 to help meet housing needs in West Virginia; and
     Whereas, The Affordable Housing Trust Fund has not been able to meet its purpose due to the board's composition and lack of permanent funding; and
     Whereas, The Affordable Housing Trust Fund is a valuable tool and needs to be reviewed to determine the best way to meet housing needs in West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study the West Virginia Affordable Housing Trust Fund; and, be it
     Further Resolved, That the Joint Committee on Government and Finance consult with representatives for the Affordable Housing Trust Fund and determine the needs of assistance to not-for-profit and public housing providers, how those needs can be met and a permanent funding solution; 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.
     And reports the same back with the recommendation that it be adopted.
                              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 Concurrent Resolution No. 78 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance study the State Wage Payment and Collection Act.
     Whereas, Inconsistent terminology, confusing provisions and case law have all impacted the Act since its initial passage by the Legislature in 1891; and
     Whereas, The Wage Payment and Collection Act is in dire need of review to eliminate antiquated terms, confusing procedures and lack of consistent duties and responsibilities for employers and employees; and
     Whereas, The Wage Payment and Collection Act has not undergone a thorough review and updating in a number of years; therefore, be it
     
Resolved by the Legislature of West Virginia:

     That the Joint Committee on Government and Finance is hereby requested to study the State Wage Payment and Collection Act; and, be it
     Further Resolved, That the Joint Committee on Government and Finance's study of the Wage Payment and Collection Act include the development of consistent terminology and clear, concise and uniform procedure; 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.
     And reports the same back with the recommendation that it be
adopted.
                              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
     Eng. Com. Sub. for House Bill No. 3096, Authorizing cooperation of campus police and rangers employed by the Hatfield-McCoy regional recreation authority with other law-enforcement agencies.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              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
     Eng. Com. Sub. for House Bill No. 4031, Increasing the salaries of supreme court of justices, circuit court judges and family court judges.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4031) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Eng. House Bill No. 4040, Relating to criteria for making decisions affecting the filling of vacancies if one or more permanently employed instructional personnel apply for a classroom teaching position.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. House Bill No. 4108, Authorizing sun screening devices that exceed statutory limits to be used in law-enforcement K-9 and other emergency vehicles that haul animals.
     Eng. House Bill No. 4144, Excepting secretaries of real estate brokers who set appointments with sellers and buyers from the scope of practice.
     And,
     Eng. Com. Sub. for House Bill No. 4273, Changing the authority to appoint guardians of minors from the county commission to the family court.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bills (Eng. H. B. No. 4108, Eng. H. B. No. 4144 and Eng. Com. Sub. for H. B. No. 4273) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Eng. House Bill No. 4280, Making available to retired participants in PEIA the optional dental, vision, and audiology and hearing-aid services insurance plans that are available to current participants.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Banking and Insurance pending.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Eng. House Bill No. 4371, Extending the pilot program for the uninsured and underinsured.
     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 the Judiciary.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Banking and Insurance pending.
     The Senate again proceeded to the sixth order of business.
Petitions

     Senator Boley presented a petition from Pamela McClain 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.
     Senator Prezioso presented a petition from Lindamarie Crawford 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.
     Senator Jenkins presented a petition from Cindy Scarberry and numerous Cabell County teachers, supporting the merger of the Teachers Defined Benefit Retirement Plan with the Teachers Defined Contribution Retirement Plan.
     Referred to the Committee on Pensions.
     Senator Caldwell presented a petition from Clifford P. Burdette and numerous Greenbrier County teachers, supporting the merger of the Teachers Defined Benefit Retirement Plan with the Teachers Defined Contribution Retirement Plan.
     Referred to the Committee on Pensions.
     Senator Unger presented a petition from Patrice Mercer 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.
     Senator Hunter presented a petition from Dave Felton 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.
     Senator Facemyer presented a petition from Barbara Mallett Woodrum 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.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 70, Requesting Joint Committee on Government and Finance study financial operations of senior centers.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 71, Requesting Joint Committee on Government and Finance study increase in juvenile crime.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     The Senate proceeded to the eighth order of business.
     Eng. Senate Bill No. 135, Exempting certain purchases of back-to-school clothing and school supplies from consumers sales tax.
     On third reading, coming up in regular order, was reported by the Clerk.
      Senator Sprouse requested unanimous consent to offer a resolution from the floor.
     Which consent was not granted, Senator Chafin objecting.
     Senator Sprouse then moved that he be permitted to offer a resolution from the floor.
     The question being on the adoption of Senator Sprouse's aforestated motion, and on this question, Senator Sprouse demanded the yeas and nays.
     Following extended discussion,
     Senator Sharpe moved the previous question, which motion prevailed.
     The previous question having been ordered, that being on the adoption of Senator Sprouse's aforestated motion.
     The roll being taken, the yeas were: Boley, Deem, Facemyer, Guills, Harrison, McKenzie, Minear, Rowe, Smith, Sprouse and Weeks--11.
     The nays were: Bowman, Caldwell, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger and Tomblin (Mr. President)--21.
     Absent: Bailey and White--2.
     So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Sprouse's aforestated motion had not prevailed.
     Thereafter, on motion of Senator Chafin, Engrossed Senate Bill No. 135 was recommitted to the Committee on Finance.
     Eng. Com. Sub. for Senate Bill No. 723, Creating Animal Health Safety Control Act.
     On third reading, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the bill was recommitted to the Committee on Finance.

     Eng. House Bill No. 4107, Allowing licensees of charitable bingo and raffle games to transfer game proceeds between their bingo and raffle operations.
     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: Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger and Tomblin (Mr. President)--27.
     The nays were: Boley, Guills, Harrison, Smith and Weeks--5.
     Absent: Bailey and White--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4107) passed.
     On motion of Senator Helmick, 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. 4107--A Bill
to amend and reenact §47-20-1 1, §47-20-12a and §47-20-16 of the code of West Virginia, 1931, as amended; and to amend and reenact §47-21-12 and §47-21-16 of said code, all relating to charitable bingo and charitable raffles; allowing certain employees to operate bingo and raffle games; and allowing game proceeds to be transferred, by check, between raffle and bingo accounts to offset losses.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger and Tomblin (Mr. President)--27.
     The nays were: Boley, Guills, Harrison, Smith and Weeks--5.
     Absent: Bailey and White--2.
     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. 4107) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4560, Requiring that firefighters and security guards employed by the adjutant general of the national guard be members of the national guard.
     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 and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and White--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4560) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate proceeded to the ninth order of business.
     Senate Bill No. 733, Relating to cable television and public service commission.
     On second reading, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the bill was recommitted to the Committee on Government Organization.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Love, Plymale, Hunter and Sharpe.
     Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senator Love were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the thirteenth order of business.
     At the request of Senator Harrison, the name of Senator Harrison was removed as a sponsor of Engrossed Senate Bill No. 724 (Transferring authority to propose rules relating to water quality standards to department of environmental protection).
     On motion of Senator Chafin, leaves of absence for the day were granted Senators Bailey and White.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, March 5, 2004, at 11 a.m.
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