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 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. 2200, Creating the felony offense of destruction of property.
     And has amended same.
     Eng. Com. Sub. for House Bill No. 4168, Requiring lenders to have the funds for mortgage loans available at the appropriate time.
     And has amended same.
     And,
     Eng. Com. Sub. for House Bill No. 4649, Providing for greater efforts for instate placement of children in the custody of the Department of Health and Human Services.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2200, 4168 and 4649) 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 Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. Com. Sub. for House Bill No. 3189, 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.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3189) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. House Bill No. 4008, Abolishing the insurance and retirement division and creating a new employee and insurance services division.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 4008) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Government Organization pending.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. Com. Sub. for House Bill No. 4009, Creating a position for a state Americans with disabilities coordinator within the department of administration.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4009) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Government Organization pending.
     Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
     Your Committee on Energy, Industry and Mining has had under consideration
     Eng. Com. Sub. for House Bill No. 4027, Establishing a voluntary environmental excellence program.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Chair.
     At the request of Senator Sharpe, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4027) contained in the preceding report from the Committee on Energy, Industry and Mining was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Eng. House Bill No. 4056, Increasing service of process fees and providing that the fees collected be deposited in the West Virginia deputy sheriff retirement fund.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     At the request of Senator Jenkins, unanimous consent being granted, the bill (Eng. H. B. No. 4056) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. Com. Sub. for House Bill No. 4067, Modifying and updating auctioneer licensing requirements, fees and continuing education.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4067) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Government Organization pending.
     Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration
     Eng. House Bill No. 4068, Allowing the hunting of coyotes by use of amber colored artificial light with certain restrictions.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               John Pat Fanning,
                               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
     Eng. House Bill No. 4119, Allowing a phase-in of the transfer of hotel taxing authority when a municipality annexes a hotel to allow the retirement of any debt incurred by the county or to otherwise phase in the transfer of taxing authority to the municipality.
     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 the Judiciary.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 4119) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. Com. Sub. for House Bill No. 4143, Creating a West Virginia center for nursing to establish a statewide strategic plan to address the nursing shortage in the state and to facilitate recruitment and retention of nurses.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4143) was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. House Bill No. 4157, Continuing the rural health advisory panel.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 4157) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 4211, Authorizing the Department of Transportation to promulgate legislative rules.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              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. 4211) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. House Bill No. 4248, Continuing the office of environmental advocate.
     Eng. House Bill No. 4304, Continuing the children's health insurance board.
     Eng. House Bill No. 4350, Continuing the West Virginia state police.
     Eng. House Bill No. 4479, Continuing the department of health and human resources.
     And,
     Eng. House Bill No. 4530, Continuing the meat and poultry inspection program.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. H. B. Nos. 4248, 4304, 4350, 4479 and 4530) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 4257, Increasing the amount of prizes that may be given in the conduct of charitable raffles without a license.
     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. 4257) 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 Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. Com. Sub. for House Bill No. 4266, Requiring regulatory agencies of government, with exceptions, to study ways to expedite the issuance of licenses, permits and certificates.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4266) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Kessler, the bill was then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance 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.
     With amendments from the Committee on Banking and Insurance pending;
     And has also amended same.
     And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred; and as last amended by the Committee on Finance.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 4280) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 4294, Removing the requirement that funds expended from the worthless check fund to pay for additional deputy clerks be proportionate to the time expended on worthless check cases.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4294) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
     Your Committee on Energy, Industry and Mining has had under consideration
     Eng. Com. Sub. for House Bill No. 4299, Modifying the West Virginia contractor licensing act and updating certain terms.
     And has amended same.
     And,
     Eng. Com. Sub. for House Bill No. 4491, Relating to mine inspectors and instructors employed by the office of miners' health, safety and training.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               William R. Sharpe, Jr.,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bills contained in the foregoing report from the Committee on Energy, Industry and Mining.
     At the request of Senator Sharpe, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 4299 and 4491) were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. House Bill No. 4411, Changing certain reporting requirements in the West Virginia workforce investment act.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 4411) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. House Bill No. 4415, Giving the state auditor flexibility in determining when to conduct audits on local government offices.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 4415) was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Eng. House Bill No. 4453, Relating to the deputy sheriff's retirement system.
     And has amended same.
     Eng. House Bill No. 4603, Providing that rights of deceased retired participants to interest is to be included in the calculation of terminal benefits payable.
     And has amended same.
     And,
     Eng. House Bill No. 4737, Providing options for members of teachers retirement to make contributions for periods of temporary total disability.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     At the request of Senator Jenkins, unanimous consent being granted, the bills (Eng. H. B. Nos. 4453, 4603 and 4737) contained in the preceding report from the Committee on Pensions were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance, with amendments from the Committee on Pensions pending.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. Com. Sub for House Bill No. 4516, Relating to the state conservation committee and conservation districts.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4516) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Government Organization pending.
     Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
     Your Committee on Energy, Industry and Mining has had under
consideration
     Eng. House Bill No. 4521, Increasing the current annual registration fee for underground storage tanks and requiring the DEP to annually report on the status of the fund and the underground storage tank program.
     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,
                               William R. Sharpe, Jr.,
                               Chair.
     At the request of Senator Sharpe, unanimous consent being granted, the bill (Eng. H. B. No. 4521) contained in the preceding report from the Committee on Energy, Industry and Mining 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 Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. Com. Sub. for House Bill No. 4559, Providing urban mass transportation authorities expanded competitive procurement procedures for the purchase of supplies, equipment and materials.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4559) was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. House Bill No. 4672, Relating to calculation of workers' compensation premiums for members of limited liability companies.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 4672) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Concurrent Resolution No. 82 (originating in the Committee on the Judiciary)--Suspending Joint Rule No. 5, providing for consideration of
     Senate Bill No. 734, Relating to extending time for town council of Smithers to meet as levying body for election of additional levy.
     Resolved by the Legislature of West Virginia, two thirds of all the members present and voting in each house agreeing thereto:
     That the provisions of Rule No. 5 of the Joint Rules of the Senate and House of Delegates are hereby suspended for the express purpose of consideration of Senate Bill No. 734.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
     The question being on the adoption of the resolution, the same was put.
     On this question, the yeas were: Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Caldwell, Smith and White--4.
     So, two thirds of all the members present and voting having voted in the affirmative, the President declared the resolution (S. C. R. No. 82) adopted.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 734 (originating in the Committee on the Judiciary)--A Bill extending the time for the town council of Smithers to meet as a levying body for the purpose of presenting to the voters of the town an election to continue an additional town levy for solid waste services and retirement benefits from between the seventh and twenty-eighth days of March and the third Tuesday in April until the thirty-first day of May, two thousand four.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 734) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, the yeas were: Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Caldwell, Smith and White--4.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 734 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Caldwell, Smith and White--4.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 734) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Caldwell, Smith and White--4.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 734) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Without objection, the Senate returned to the third order of business.
     A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to the House of Delegates amendments and requested the Senate to recede therefrom, as to
     Eng. Senate Bill No. 448, Relating to higher education advisory boards generally.
     On motion of Senator Chafin, the Senate refused to recede from its amendments to the House of Delegates amendments to the bill and requested the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses.
     Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
     Senators Plymale, Edgell, Unger, Hunter and Boley.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
     Eng. House Bill No. 4084, West Virginia Pharmaceutical Availability and Affordability Act.
     On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses.
     Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
     Senators Prezioso, Unger, McCabe, Ross and Smith.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
     STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 5, 2004

Senate Executive Message No. 4
TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I respectfully submit the following nominations for your advice and consent:
      1.  For Member, Hospital Finance Authority, David L. Williams, Hurricane, Putnam County, for the term ending January 9, 2009.
      2.  For Member, State Athletic Commission, Steven A. Allred, Julian, Boone County, for the term ending June 30, 2007.
      3.  For Member, Parole Board, Brenda Stucky, Charleston, Kanawha County, for the term ending June 30, 2007.
      4.  For Member, State Athletic Commission, Samuel Minardi, Charleston, Kanawha County, for the term ending June 30, 2007.
      5.  For Member, State Athletic Commission, Lance E. Rollo, Morgantown, Monongalia County, for the term ending June 30, 2004.
      6.  For Member, Board of Directors of the Clay Center for the Arts and Sciences, Nick Fantasia, Fairmont, Marion County, for the term ending June 30, 2006.
      7.  For Member, Board of Directors of the Clay Center for the Arts and Sciences, Sharon Horton Rowe, Lewisburg, Greenbrier County, for the term ending June 30, 2006.
      8.  For Member, Consolidated Public Retirement Board, David Wyant, Charleston, Kanawha County, for the term ending June 30, 2008.
      9.  For Member, Council for Community and Technical College Education, Nelson B. Robinson, Charleston, Kanawha County, for the term ending December 20, 2007.
     10.  For Member, Council for Community and Technical College Education, Fred Oelschalger, Moundsville, Marshall County, for the term ending December 20, 2007.
     11.  For Member, Election Commission, Gary A. Collias, Charleston, Kanawha County, for the term ending June 4, 2008.
     12.  For Member, Investment Management Board, William T. Tracy, Huntington, Cabell County, for the term ending January 31, 2010.
     13.  For Member, Investment Management Board, Marie Prezioso, Charleston, Kanawha County, for the term ending January 31, 2010.
     14.  For Member, Jobs Investment Trust Board, Walter Dial, Charleston, Kanawha County, for the term ending June 30, 2007.
     15.  For Member, Jobs Investment Trust Board, Richard Adams, Parkersburg, Wood County, for the term ending June 30, 2006.
     16.  For Member, Board of Medicine, Doris M. Griffin, Martinsburg, Berkeley County, for the term ending September 30, 2008.
     17.  For Member, National Coal Heritage Area Authority, Mack Gillenwater, Huntington, Cabell County, for the term ending June 30, 2007.
     18.  For Member, National Coal Heritage Area Authority, Cleo Mathews, Hinton, Summers County, for the term ending June 30, 2007.
     19.  For Member, Nursing Home Administrators Licensing Board, Charles McCallister, Elkins, Randolph County, for the term ending June 30, 2009.
     20.  For Member, Public Employees Insurance Agency Finance Board, John Ruddick, Hurricane, Putnam County, for the term ending June 30, 2006.
     21.  For Member, Public Employees Insurance Agency Finance Board, Elaine Harris, St. Albans, Kanawha County, for the term ending June 30, 2007.
     22.  For Member, Water Development Authority, John Huddleston, Charleston, Kanawha County, for the term ending May 17, 2009.
     23.  For Member, Public Port Authority, Paul F. Wilkinson, Charleston, Kanawha County, for the term ending June 30, 2004.
     24.  For Member, Board of the PROMISE Scholarship Program, Frank D. Calabrese, Wheeling, Ohio County, for the term ending July 24, 2005.
     25.  For Member, Glenville State College Board of Governors, Donald Southall, Spencer, Roane County, for the term ending June 30, 2006.
     26.  For Member, Glenville State College Board of Governors, Ronald Blankenship, Grantsville, Calhoun County, for the term ending June 30, 2007.
     27.  For Member, Glenville State College Board of Governors, Laura Kuhns, Fairmont, Marion County, for the term ending June 30, 2006.
     28.  For Member, Glenville State College Board of Governors, Les Facemyer, Ripley, Jackson County, for the term ending June 30, 2007.
     29.  For Member, State Fire Commission, James Oldaker, Alum Creek, Kanawha County, for the term ending June 30, 2008.
     30.  For Member, Board of Directors of the Affordable Housing Trust Fund, Marlo Scruggs, Charleston, Kanawha County, for the term ending June 30, 2004.
     31.  For Member, Board of Directors of the Affordable Housing Trust Fund, Loretta Fullen, Matewan, Mingo County, for the term ending June 30, 2007.
     Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
                              Very truly yours,
                               Bob Wise,
                               Governor.
     Which communication was referred to the Committee on Confirmations and incorporated with the executive nominations received earlier this session; all to be considered as a special order of business for Saturday, March 13, 2004, at 8 p.m.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Harrison, Guills, Fanning and Bowman.
     Thereafter, at the request of Senator Weeks, and by unanimous consent, the remarks by Senator Harrison were ordered printed in the Appendix to the Journal.
     At the request of Senator Sprouse, unanimous consent being granted, the remarks by Senator Guills were ordered printed in the Appendix to the Journal.
     On motion of Senator Chafin, a leave of absence for the day was granted Senator Bailey.
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, March 9, 2004, at 11 a.m.
____________