Upon expiration of the recess, the Senate reconvened and proceeded to the fifth order of business.
Filed Conference Committee Reports

     The Clerk announced the following conference committee report had been filed at 5:30 p.m. today:
     Eng Senate Bill No. 448, Relating to higher education advisory boards generally.
     The Senate proceeded to the ninth order of business.
     Senate Bill No. 735, Supplementing, amending, reducing and increasing items of existing appropriations from state fund, general revenue, to department of military affairs and public safety, West Virginia parole board.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 736, Expiring funds to unappropriated balance in general revenue from higher education improvement fund.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Eng. House Joint Resolution No. 114, Veterans Bonus Amendment of 2004.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2801, Requiring the ethics commission to furnish copies of all advisory opinions issued by the commission to the West Virginia Legislature and the supreme court law library.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 4019, Prohibiting the division of motor vehicles' sale of personal information for bulk distribution of surveys, marketing and solicitations.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2A. UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT.
§17A-2A-4. Prohibition on disclosure and use of personal information from motor vehicles' records.

     Notwithstanding any other provision of law to the contrary, and except as provided in sections five through eight, inclusive, of this article, the division, and any officer, employee, agent or contractor thereof, may not disclose any personal information obtained by the division in connection with a motor vehicle record. Notwithstanding the provisions of this article or any other provision of law to the contrary, finger images obtained and stored by the division of motor vehicles as part of the driver's licensing process may not be disclosed to any person or used for any purpose other than the processing and issuance of driver's licenses and associated legal action unless the disclosure or other use is expressly authorized by this code. Notwithstanding the provisions of this article or any other provision of law to the contrary, an individual's photograph or image, social security number and medical or disability information shall not be disclosed pursuant to subdivisions (2),(3),(5),(7),(8),(10) and (11), section seven of this article without the express written consent of the person to whom such information applies.
§17A-2A-7. Permitted disclosures.
     The division or its designee shall disclose personal information as defined in section three of this article to any person who requests the information if the person: (a) Has proof of his or her identity; and (b) verifies that the use of the personal information will be strictly limited to one or more of the following:
     (1) For use by any governmental agency, including any court or law-enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a governmental agency in carrying out its functions;
     (2) For use in connection with matters of motor vehicle or driver safety and theft, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles, motor vehicle parts and dealers, motor vehicle market research activities including survey research and removal of nonowner records from the original owner records of motor vehicle manufacturers;
     (3) For use in the normal course of business by a legitimate business or its agents, employees or contractors:
     (A) For the purpose of verifying the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors; and
     (B) If the information as submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against or recovering on a debt or security interest against the individual;
     (4) For use in conjunction with any civil, criminal, administrative or arbitral proceeding in any court or governmental agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, the execution or enforcement of judgments and orders or pursuant to an order of any court;
     (5) For use in research and producing statistical reports, so long as the personal information is not published, redisclosed or used to contact individuals;
     (6) For use by any insurer or insurance support organization or by a self-insured entity, its agents, employees or contractors in connection with claim investigation activities, antifraud activities, rating or underwriting;
     (7) For use in providing notice to the owners of towed or impounded vehicles;
     (8) For use by any licensed private investigator agency or licensed security service for any purpose permitted under this section; (9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U. S. C. App. 2710, et seq.);
     (10) For use in connection with the operation of private toll transportation facilities; and
_____(11) For bulk distribution for surveys, marketing or solicitations after the division has implemented methods and procedures to ensure that the information will be used, rented or sold solely for bulk distribution for surveys, marketing and solicitations, and only if the person whose information will be used has authorized the use of his or her name and address for those purposes; and
     (12) (11) For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety.
§17A-2A-11. Resale or redisclosure.
     (a) An authorized recipient of personal information except a recipient under subsection (11), section seven of this article may resell or redisclose the information for any use permitted under said section seven of this article. except the use for bulk distribution for surveys, marketing or solicitations as provided in subsection (11), section seven of this article
     (b) An authorized recipient of personal information for bulk distribution for surveys, marketing or solicitations, under subsection (11), section seven of this article may resell or redisclose personal information only in accordance with the terms of said subsection allowing surveys for marketing and solicitations to be directed only to those individuals who have authorized the use of their name and address for those purposes.
     (c) (b) Any authorized recipient who resells or rediscloses personal information shall: (1) Maintain for a period of not less than five years, records as to the person or entity receiving information and the permitted use for which it was obtained; (2) make the records available for inspection by the division, upon request; and (3) only be disseminated in accordance with express consent obtained pursuant to section four of this article.
     The bill (Eng. Com. Sub. for H. B. No. 4019), as amended, was then ordered to third 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     Having been engrossed, the bill (Eng. Com. Sub for H. B. No. 4019) 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4019) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for 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 limiting disclosure of personal information from motor vehicle records; and prohibiting the division of motor vehicles' sale of personal information for bulk distribution of surveys, marketing and solicitations.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 4037, Providing for safe schools through alternative education programs and providing certain juvenile justice records to public school officials.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 5. JUVENILE PROCEEDINGS.

§49-5-17. Confidentiality of juvenile records.
     (a) Records of a juvenile proceeding conducted under this chapter are not public records and shall not be disclosed to anyone unless disclosure is otherwise authorized by this section.
     (b) Notwithstanding the provisions of subsection (a) of this section, a copy of a juvenile's records shall automatically be disclosed to certain school officials, subject to the following terms and conditions:
     (1) Only the records of certain types of juvenile records juveniles shall be disclosed. These include, and are limited to, cases in which:
     (A) The juvenile has been charged with an offense which: would be a felony if the juvenile were an adult and
     (i) The offense involves Involves violence against another person;
     (ii) The offense involves Involves possession of a dangerous or deadly weapon; or
     (iii) The offense involves Involves possession or delivery of a controlled substance as that term is defined in section one hundred one, article one, chapter sixty-a of this code; and
     (B) The juvenile juvenile's case has proceeded to a point where one or more of the following has occurred:
     (i) A judge, magistrate or referee has determined that there is probable cause to believe that the juvenile committed the offense as charged;
     (ii) A judge, magistrate or referee has placed the juvenile on probation for the offense;
     (iii) A judge, magistrate or referee has placed the juvenile into an improvement period in accordance with section nine of this article five, chapter forty-nine of this code; or
     (iv) Some other type of disposition has been made of the case other than dismissal.
     (2) The circuit court for each judicial circuit in West Virginia shall designate one person to supervise the disclosure of juvenile records to certain school officials.
     (3) If the juvenile attends a West Virginia public school, the person designated by the circuit court shall automatically disclose all records of a juvenile the juvenile's case to the county superintendent of schools in the county in which the juvenile attends school The person designated by the circuit court shall also automatically disclose all records of a juvenile case and to the principal of the school which the juvenile attends, subject to the following:
_____(A) At a minimum, the records shall disclose the following information:
_____(i) Copies of the arrest report;
_____(ii) Copies of all investigations;
_____(iii) Copies of any psychological test results and any mental health records;
_____(iv) Copies of any evaluation reports for probation or facility placement; and
_____(v) Any other material that would alert the school to potential danger that the juvenile may pose to himself, herself or others;
_____(B) The disclosure of the juvenile's psychological test results and any mental health records shall only be made in accordance with subdivision (14) of this subsection;
_____(C) If the disclosure of any record to be automatically disclosed under this section is restricted in its disclosure by the Health Insurance Portability and Accountability Act of 1996 and any amendments and regulations under the act, the person designated by the circuit court shall provide the superintendent and principal any notice of the existence of the record that is permissible under the act and, if applicable, any action that is required to obtain the record; and
_____(D) When multiple disclosures are required by this subsection, the person designated by the circuit court is required to disclose only material in the juvenile record that had not previously been disclosed to the county superintendent and the principal of the school which the juvenile attends.
     (4) If the juvenile attends a private school in West Virginia, the person designated by the circuit court shall determine the identity of the highest ranking person at that school and shall automatically disclose all records of a juvenile's case to that person.
     (5) If the juvenile does not attend school at the time the juvenile's case is pending, the person designated by the circuit court shall not transmit the juvenile's records to any school. However, the person designated by the circuit court shall transmit the juvenile's records to any school in West Virginia which the juvenile subsequently attends.
     (6) The person designated by the circuit court shall not automatically transmit juvenile records to a school which is not located in West Virginia. Instead, the person designated by the circuit court shall contact the out-of-state school, inform it that juvenile records exist and make an inquiry regarding whether the laws of that state permit the disclosure of juvenile records. If so, the person designated by the circuit court shall consult with the circuit judge who presided over the case to determine whether the juvenile records should be disclosed to the out-of-state school. The circuit judge shall have discretion in determining whether to disclose the juvenile records, and shall consider whether the other state's law regarding disclosure provides for sufficient confidentiality of juvenile records, using this section as a guide. If the circuit judge orders the juvenile records to be disclosed, they shall be disclosed in accordance with the provisions of subdivision (7) of this subsection.
     (7) The person designated by the circuit court shall transmit the juvenile's records to the appropriate school official under cover of a letter emphasizing the confidentiality of such records and directing the official to consult this section of the code. A copy of this section of the code shall be transmitted with the juvenile's records and cover letter.
     (8) Juvenile records must be treated as absolutely confidential by the school official to whom they are transmitted, and nothing contained within the juvenile's records shall be noted on the juvenile's permanent educational record. The juvenile records are to be maintained in a secure location and are not to be copied under any circumstances. However, the principal of a school to whom the records are transmitted shall have the duty to disclose the contents of those records to any teacher who teaches a class in which the subject juvenile is enrolled and to the regular driver of a school bus in which the subject juvenile is regularly transported to or from school, except that the disclosure of the juvenile's psychological test results and any mental health records shall only be made in accordance with subdivision (14) of this subsection. Furthermore, any school official to whom the juvenile's records are transmitted may disclose the contents of such records to any adult within the school system who, in the discretion of the school official, has the need to be aware of the contents of those records.
     (9) If for any reason a juvenile ceases to attend a school which possesses that juvenile's records, the appropriate official at that school shall seal the records and return them to the circuit court which sent them to that school. If the juvenile has changed schools for any reason, the former school shall inform the circuit court of the name and location of the new school which the juvenile attends or will be attending. If the new school is located within West Virginia, the person designated by the circuit court shall forward the juvenile's records to the juvenile's new school in the same manner as provided in subdivision (7) of this subsection. If the new school is not located within West Virginia, the person designated by the circuit court shall handle the juvenile records in accordance with subdivision (6) of this subsection.
     If the juvenile has been found not guilty of an offense for which records were previously forwarded to the juvenile's school on the basis of a finding of probable cause, the circuit court shall not forward those records to the juvenile's new school. However, this shall not affect records related to other prior or future offenses. If the juvenile has graduated or quit school, or will otherwise not be attending another school, the circuit court shall retain the juvenile's records and handle them as otherwise provided in this article.
     (10) Under no circumstances shall one school transmit a juvenile's records to another school.
     (11) Under no circumstances shall juvenile records be automatically transmitted to a college, university or other post- secondary school.
     (12) No one shall suffer any penalty, civil or criminal, for accidentally or negligently attributing certain juvenile records to the wrong person. However, such person shall have the affirmative duty to promptly correct any mistake that he or she has made in disclosing juvenile records when the mistake is brought to his or her attention. A person who intentionally attributes false information to a certain person shall be subjected to both criminal and civil penalties, in accordance with subsection (e) of this section.
     (13) If a judge, magistrate or referee has determined that there is probable cause to believe that a juvenile has committed an offense but there has been no final adjudication of the charge, the records which are transmitted by the circuit court shall be accompanied by a notice which clearly states in bold print that there has been no determination of delinquency and that our legal system requires a presumption of innocence.
     (14) The county superintendent shall designate the school psychologist or psychologists to receive the juvenile's psychological test results and any mental health records. The psychologist designated shall review the juvenile's psychological test results and any mental health records and, in the psychologist's professional judgment, may disclose to the principal of the school that the juvenile attends and other school employees who would have a need to know the psychological test results, mental health records and any behavior that may trigger violence or other disruptive behavior by the juvenile. Other school employees include, but are not limited to, any teacher who teaches a class in which the subject juvenile is enrolled and the regular driver of a school bus in which the subject juvenile is regularly transported to or from school.
     (c) Notwithstanding the provisions of subsection (a) of this section, juvenile records may be disclosed, subject to the following terms and conditions:
     (1) If a juvenile case is transferred to the criminal jurisdiction of the circuit court pursuant to the provisions of subsection (c) or (d), section ten of this article, the juvenile records shall be open to public inspection.
     (2) If a juvenile case is transferred to the criminal jurisdiction of the circuit court pursuant to the provisions of subsection (e), (f) or (g), section ten of this article, the juvenile records shall be open to public inspection only if the juvenile fails to file a timely appeal of the transfer order, or the supreme court of appeals refuses to hear or denies an appeal which has been timely filed.
     (3) If a juvenile is fourteen years of age or older and a court has determined there is a probable cause to believe the juvenile committed an offense set forth in subsection (g), section ten of this article, but the case is not transferred to criminal jurisdiction, the juvenile records shall be open to public inspection pending trial only if the juvenile is released on bond and no longer detained or adjudicated delinquent of the offense.
     (4) If a juvenile is younger than fourteen years of age and a court has determined there is probable cause to believe that the juvenile committed the crime of murder under section one, two or three, article two, chapter sixty-one of this code, or the crime of sexual assault in the first degree under section three, article eight-b of said chapter, but the case is not transferred to criminal jurisdiction, the juvenile records shall be open to public inspection pending trial only if the juvenile is released on bond and no longer detained or adjudicated delinquent of the offense.
     (5) Upon a written petition and pursuant to a written order, the circuit court may permit disclosure of juvenile records to:
     (A) A court which has juvenile jurisdiction and has the juvenile before it in a juvenile proceeding;
     (B) A court exercising criminal jurisdiction over the juvenile which requests such records for the purpose of a presentence report or disposition proceeding;
     (C) The juvenile, the juvenile's parents or legal guardian, or the juvenile's counsel;
     (D) The officials of a public institution to which the juvenile is committed if they require such records for transfer, parole or discharge; or
     (E) A person who is conducting research. However, juvenile records may be disclosed for research purposes only upon the condition that information which would identify the subject juvenile or the juvenile's family shall not be disclosed.
     (d) Any records open to public inspection pursuant to the provisions of this section are subject to the same requirements governing the disclosure of adult criminal records.
     (e) Any person who willfully violates this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in the county or regional jail for not more than six months, or both so fined and confined, and shall be liable for damages in the amount of three hundred dollars or actual damages, whichever is greater.
     The bill (Eng. Com. Sub. for H. B. No. 4037), as amended, was then ordered to third 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4037) 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4037) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 4047, Creating a high growth business investment tax credit to encourage investment by state citizens and businesses in certain companies started by fellow West Virginians.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4068, Allowing the hunting of coyotes by use of amber colored artificial light with certain restrictions.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. House Bill No. 4083, Continuing the veterans' council.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 4086, Including Gulf War and Afghanistan conflict veterans on the veterans' council.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 4123, Authorizing the supreme court of appeals to create a panel of senior magistrate court clerks.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4134, Substituting the governor's chief technology officer as a member of the employee suggestion award program.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4140, Requiring the ethics commission to establish a code of conduct for state administrative law judges.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.

§6B-2-5a. Code of conduct for state administrative law judges.
     (a) As used in this section, "state administrative law judge" means any public employee, public officer or contractor functioning as a hearing officer, referee, trial examiner or other position in state government to whom the authority to conduct an administrative adjudication has been delegated by an agency or by statute and who exercises independent and impartial judgment in conducting hearings and in issuing recommended decisions or reports containing findings of fact and conclusions of law in accordance with applicable statutes or rules, but does not include any person whose conduct is subject to the code of judicial conduct promulgated by the West Virginia supreme court of appeals.
     (b) In accordance with the provisions of chapter twenty-nine-a of this code, the commission, in consultation with the West Virginia state bar, shall propose rules for legislative approval establishing a code of conduct for state administrative law judges, which shall incorporate the following major provisions:
     (1) A state administrative law judge shall uphold the integrity and independence of the administrative judiciary;
     (2) A state administrative law judge shall avoid impropriety and the appearance of impropriety in all activities;
     (3) A state administrative law judge shall perform the duties of the office impartially and diligently;
     (4) A state administrative law judge shall regulate the judge's extra-judicial activities to minimize the risk of conflict with judicial duties;
     (5) A state administrative law judge shall refrain from political activity inappropriate to the office; and
     (6) Appropriate civil penalties and sanctions for violations.
     In proposing the rules, the commission shall consider the model codes of judicial conduct for state administrative law judges as drafted by the national association of administrative law judges and the American bar association.
     (c) The legislative rules shall provide that an individual agency may develop a code of conduct for its own administrative law judges, which shall supersede the general code of conduct established under this section, if the commission determines that it is in substantial compliance with the objectives of the code proposed by the commission. Upon granting a waiver to an agency, the commission shall retain a copy of the agency's code to be made available to the public.
     (d) The commission shall propose the legislative rules by the first day of October, two thousand four, so that it may be considered by the Legislature at the regular session in the year two thousand five, and the commission may not promulgate an emergency rule on this matter in the interim.
     The bill (Eng. H. B. No. 4140), as amended, was then ordered to third 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     Having been engrossed, the bill (Eng. H. B. No. 4140) 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4140) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 4148, Allowing bail bondsmen to deliver offenders to county or regional jails without bailpiece if a magistrate or circuit clerk is inaccessible.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     Eng. Com. Sub. for House Bill No. 4259, Revising the composition, powers and duties of the Governor's Cabinet on Children and Families.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
     On page eighteen, section three, by striking out all of subdivisions (5) and (6) and inserting in lieu thereof the following:
     (5) Report annually to the joint committee on government and finance on its progress in implementing the comprehensive multiyear state plan required under subdivision (2) of this section; and
     (6) Submit an annual electronic report before the first day of January to the Legislature and a written copy of the report to the legislative librarian on its financial transactions for the preceding year, minutes of its meetings, narrative descriptions of any training sessions, conferences or other events and a progress report on its implementation of the comprehensive multiyear state plan required under subdivision (2) of this section.
     The bill (Eng. Com. Sub. for H. B. No. 4259), as amended, was then ordered to third 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4259) 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4259) 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4259) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 4318, Imposing personal income tax on funds withdrawn from a prepaid college tuition contract or other college savings plans.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4330, Revising the law governing vital records.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
     On page three, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-5-36, to read as follows:
ARTICLE 5. VITAL STATISTICS.
§16-5-36. Electronic filing.
     That any certificate filed pursuant to this article may be filed electronically.
     The bill (Eng. H. B. No. 4330), as amended, was then ordered to third 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     Having been engrossed, the bill (Eng. H. B. No. 4330) 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, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Bailey, Caldwell and White--3.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4330) passed.
     The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
     On pages one through three, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 4330--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5-36, relating to vital statistics; and authorizing electronic filing of certificates.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4351, Continuing the waste tire remediation program.
     Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
     Eng. Com. Sub. for House Bill No. 4354, Authorizing county commissions to adopt ordinances to reduce false alarms.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out everything after the enacting section in inserting in lieu thereof the following:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3oo. Authority to adopt ordinances relating to false alarms.
     (a) In addition to all other powers and duties they now possess, county commissions may enact ordinances, establish a system of administration and enforcement, assess fees and penalties, issue orders and take other necessary and appropriate actions for the reduction and elimination of false alarms.
     (b) The provisions of any false alarm ordinance adopted by a county commission pursuant to this section shall take precedence over any other county ordinance pertaining to false alarms.
     (c) Any false alarm ordinance adopted by a county commission shall provide that on or before the first day of January, two thousand six, county 911 centers will only accept calls from underwriters laboratories certified central stations and be consistent with the standards relating to burglar, security, medical and fire alarms as established by the national burglar and fire alarm association, the national alarm reduction association or their successor organizations.
     (d) The county commission shall appoint an alarm administrator to administer the false alarm ordinance. In counties that have an enhanced emergency telephone system pursuant to section six, article six, chapter twenty-four of this code, the enhanced emergency telephone system director shall be the administrator. In counties without an enhanced emergency telephone system, the alarm administrator shall be knowledgeable and qualified in the areas of alarm systems and false alarm reduction efforts.
     (e) The false alarm ordinance shall provide for the appointment of a false alarm advisory board, which shall consist of the alarm administrator, the county sheriff or other law-enforcement officer, a chief from a county fire department, or his or her designee, a representative from the alarm industry and a member-at-large selected by the county commission to serve a two-year term. The advisory board shall review, assist and make recommendations concerning false alarm reduction efforts and report to the commission.
     The bill (Eng. Com. Sub. for H. B. No. 4354), as amended, was then ordered to third 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, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and Caldwell--2.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4354) 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, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and Caldwell--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4354) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 4364, Including division of forestry employees in the assault and battery statute with similar state personnel.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4403, Repealing the requirement of affidavits acknowledging receipt of compensation.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4418, Continuing the board of architects.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4419, Continuing the board of landscape architects.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4456, Extending the time for the Harrison County commission to submit a proposed levy to the Harrison County voters for approval or rejection intended to finance vital public services.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4464, Extending the time for the county commission of Cabell County to present to the voters an election to consider an excess levy for fire protection services, firefighting training and economic development.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4468, Allowing housing development authorities to pay for persons of eligible income the costs of preparation and recording of any title instrument, deed of trust, note or security instrument and the amount of impact fees imposed.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4480, Continuing West Virginia's participation in the interstate commission on the Potomac River basin.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 4501, Creating exemptions from the consumers sales and services tax for e-commerce vendors and other high technology businesses.
     On second reading, coming up in regular order, was read a second time.
     On motions of Senators Sprouse, Harrison, McKenzie, Guills, Facemyer, Deem, Minear, Weeks, Boley and Smith, the following amendment to the bill was reported by the Clerk:
     On page two, after the article heading by inserting a new section, designated section nine-g, to read as follows:
§11-15-9g. Exemption for clothing, footwear and school supplies for limited period in the year two thousand four.

     (a) The sale of an article of clothing or footwear designed to be worn on or about the human body and the sale of school supplies, such as pens, pencils, binders, notebooks, reference books, book bags, lunch boxes, computers, computer accessories and calculators, is exempted from the taxes imposed by this article if:
     (1) The sales price of the article or school supply, except for a computer or computer accessory, is less than one hundred dollars;
     (2) The sales price of a computer is less than seven hundred fifty dollars after credit for any manufacturer's rebate or computer accessory is less than one hundred dollars after credit for any manufacturer's rebate; and
     (3) The sale takes place during a period beginning at 12:01 a.m. eastern daylight time on the first Friday in August, two thousand three four, and ending at 12 midnight eastern daylight time on the following Sunday in August, two thousand three four.
     (b) This section does not apply to:
     (1) Any special clothing or footwear that is primarily designed for athletic activity or protective use and that is not normally worn except when used for the athletic activity or protective use for which it is designed;
     (2) Accessories, including jewelry, handbags, luggage, umbrellas, wallets, watches and similar items carried on or about the human body, without regard to whether worn on the body in a manner characteristic of clothing;
     (3) The rental of clothing, footwear or school supplies;
     (4) Furniture; and
     (5) Tangible personal property for use in a trade or business.
     The question being on the adoption of the amendment offered by Senators Sprouse, Harrison, McKenzie, Guills, Facemyer, Deem, Minear, Weeks, Boley and Smith to the bill (Eng. Com. Sub. for H. B. No. 4501), and on this question, Senator Sprouse demanded the yeas and nays.
     The roll being taken, 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, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and Caldwell--2.
     So, a majority of those present and voting having voted in the affirmative, the President declared the amendment offered by Senators Sprouse, Harrison, McKenzie, Guills, Facemyer, Deem, Minear, Weeks, Boley and Smith to bill (Eng. Com. Sub. for H. B. No. 4501) adopted.
     On motion of Senator Sprouse, the following amendment to the bill was next reported by the Clerk and adopted:
     On page two, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That §11-15-9g of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §11-15-9h, all to read as follows:.
     The bill (Eng. Com. Sub. for H. B. No. 4501), as amended, was then ordered to third reading.
     On motion of Senator Sprouse, 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, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Chafin--1.
     Absent: Bailey and Caldwell--2.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4501) 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, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and Caldwell--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4501) passed.
     On motion of Senator Sprouse, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 4501--A Bill to amend and reenact §11-15-9g of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15-9h, all relating to the sales tax holiday on back-to-school purchases; providing an exemption from consumers sales tax for sales of computer hardware and software directly incorporated into manufactured products; creating exemptions for payment of certain licensing fees, for sales of computer hardware and software directly used in communication, for sales of electronic data processing services, for sales of certain educational software to be used in certain educational or nonprofit institutions, for sales of internet advertising of goods and services and for certain sales of high technology business services; and providing definitions.
     Senator Chafin moved that the bill take effect July 1, 2004.
     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, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and Caldwell--2.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4501) takes effect July 1, 2004.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4531, Continuing the public employees insurance agency finance board.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4532, Continuing the state fire commission.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 4566, Allowing continued employment of a spouse of a newly elected county commissioner with tenured service with a county agency to keep their job.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page three, section fifteen, line nineteen, by striking out the words "for at least five years".
     The bill (Eng. Com. Sub. for H. B. No. 4566), as amended, was then ordered to third 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, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Harrison--1.
     Absent: Bailey and Caldwell--2.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4566) 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, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr. President)--30.
     The nays were: Harrison and Sprouse--2.
     Absent: Bailey and Caldwell--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4566) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4581, Continuing the division of protective services.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4622, Repealing the section of the code relating to the exemption of lottery prizes from taxation.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 4625, Authorizing the tourism commission the use of the tourism promotion fund to support the 2004 Pete Dye West Virginia Classic.
     On second reading, coming up in regular order, was read a second time.
     At the request of Senator Helmick, as chair of the Committee on Finance, and by unanimous consent, the unreported Finance committee amendments to the bill were withdrawn.
     The bill (Eng. H. B. No. 4625) was then ordered to third reading.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed for five minutes.
     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 Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 11th day of March, 2004, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (H. B. 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.
     And,
     (Com. Sub. for H. B. No. 4273), Changing the authority to appoint guardians of minors from the county commission to the family court.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 133, Budget bill.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 133 (originating in the Committee on Finance)--A Bill making appropriations of public money out of the treasury in accordance with section fifty-one, article VI of the constitution.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 133) 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.
     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, Smith, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Bailey, Caldwell, Snyder and White--4.
     The bill (Com. Sub. for S. B. No. 133) was then read a second time.
     On motion of Senator Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     O n page seventy-three, section one, line forty-six, by striking out "$310,808,252" and inserting in lieu thereof "$261,674,248";
     On page seventy-five, section one, after line one hundred two, by adding a new fund, to read as follows:
West Virginia Community and Technical College Council

Control Account

West Virginia Council for Community and
  Technical College Education                                $  417,080
New River Community and Technical College
  of Bluefield State College                                    6,449,364
Eastern West Virginia Community and
  Technical College                                             1,927,057
Fairmont State Community and
  Technical College                                             6,817,666
Shepherd Community and Technical College                        2,079,121
West Virginia State Community and
  Technical College                                             2,695,517
Southern West Virginia Community and
  Technical College                                             7,087,467
West Virginia Northern Community and
  Technical College                                             5,503,518
West Virginia University -
  Parkersburg                                                   7,860,740
West Virginia University Institute
  of Technology Community and
  Technical College                                                    3,146,228
Marshall University Community and
  Technical College                                                    5,150,246
  Total                                              $49,134,004;
  On page one hundred forty-one, section four, line forty-two, by striking out "$46,203,455" and inserting in lieu of thereof "$45,146,698";
  And,
  On page one hundred forty-two, section four, after line forty- nine, by adding a new fund, to read as follows:

West Virginia Community and Technical College Council

Control Account

Unclassified                                           $      650,000
Community and Technical Colleges-
  Special Projects                                              406,757
  Total                                              $  1,056,757
      The bill, as amended, was ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 133 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, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
     The nays were: Harrison--1.
     Absent: Bailey, Caldwell and White--3.
     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. 133) 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, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
     The nays were: Harrison--1.
     Absent: Bailey, Caldwell and White--3.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 133) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration
     Senate Concurrent Resolution No. 67, Requesting Joint Committee on Government and Finance study criminal penalties for interference with medical treatment of railroad employees.
     Senate Concurrent Resolution No. 75, Requesting Joint Committee on Government and Finance study requiring arresting agency pay certain costs of incarceration.
     House Concurrent Resolution No. 47, Requesting a study on providing limitations on nurse overtime policies in hospitals operated by state agencies within West Virginia.
     And,
     House Concurrent Resolution No. 55, Requesting a study whether wild ginseng and cultivated ginseng should be regulated in the same manner.
     And reports the same back with the recommendation that they each be adopted.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Chairman ex officio.
     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. 2706, Relating to compensation paid to members of the education and state employees grievance board.
     With amendments from the Committee on Government Organization pending;
     Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 10, 2004;
     And reports the same back with the recommendation that it do pass as amended by the Committee on Government Organization to which the bill was first referred; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Government Organization pending.
     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. 3097, Prescribing proper venue in civil actions involving West Virginia university and Marshall university.
     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. 3097) 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. 3150, Barring state officers, agencies or entities from requiring that surety, payment, performance or bid bonds be obtained from any particular company.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Kessler, as chair of the Committee on the Judiciary, 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. 3150) 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. Com. Sub. for House Bill No. 4009, Creating a position for a state Americans with disabilities coordinator within the department of administration.
     With amendments from the Committee on Government Organization pending;
     And has also amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 8, 2004;
     And reports the same back with the recommendation that it do pass as amended by the Committee on Government Organization to which the bill was first referred; and as last amended by the Committee on Finance.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. House Bill No. 4055, Creating a compact between states for the protection and return of juvenile offenders, runaways and other juveniles.
     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. H. B. No. 4055) 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 Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Eng. Com. Sub. for House Bill No. 4085, Clarifying certain terms related to the Ron Yost Personal Assistance Services Act.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4085) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 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 has amended same.
     Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 8, 2004;
     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. H. B. No. 4119) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
     The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
     On page five, section four, line three, by striking out the words "A majority" and inserting in lieu thereof the word "All";
     And,
     On page five, section four, line five, by striking out the words "a majority of".
     The bill (Eng. H. B. No. 4119), as amended, was then ordered to third 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. 4166, Removing the description requirements in deeds for easements and rights-of-way for mineral leases.
     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. 4166) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. House Bill No. 4247, Clarifying that the board of registration for professional engineers may assess civil penalties.
     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. H. B. No. 4247) 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 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. 4257, Increasing the amount of prizes that may be given in the conduct of charitable raffles without a license.
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 8, 2004;
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     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.
     With amendments from the Committee on Government Organization pending;
     And has also amended same.
     Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 8, 2004;
     And reports the same back with the recommendation that it do pass as amended by the Committee on Government Organization to which the bill was first referred; and as last amended by the Committee on the Judiciary.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4266) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
     The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk:
      On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That the code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5-29-1 and §5-29-2; that §22B-1-9 of said code be amended and reenacted; and that §22B- 2-3 of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,

SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD

OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,

OFFICES, PROGRAMS, ETC.

ARTICLE 29. EXPEDITIOUS ISSUANCE OF LICENSES BY REGULATORY AGENCIES.

§5-29-1. Purpose of article.
     The purpose of this article is to provide for more expeditious and efficient issuance of permits, licenses or certificates by state regulatory agencies to business entities that are in good standing in the payment of taxes and other obligations to the state. For the purposes of this article, a business entity in good standing is one that:
     (1) Has conducted commercial activities in this state for at least two years ;
     (2) Has paid any business tax, workers' compensation or unemployment compensation premiums due in the preceding two years; and
      (3) Has not engaged in activities for which any claim of a substantial violation of any statute or rule has occurred in the previous two years.
§5-29-2. Regulatory agencies to study expedited permits, licenses and certificates; reports to the Legislature.

     (a) The following regulatory agencies shall study, review and develop a plan for expediting the issuance and renewal of permits, licenses and certificates for business entities in good standing:
     (1) Division of labor;
     (2) The office of miners' health, safety and training;
     (3) The division of forestry;
     (4) The office of health facilities licensure and certification within the department of health and human resources; and
     (5) The department of environmental protection, excepting the oil and gas inspectors' examining board.
     (b) On or before the first day of December, two thousand four, each agency to which this article applies shall file a report with the joint standing committee on government organization setting forth the findings of its study, its plan to expedite the issuance and renewal of permits, licenses and certificates to business entities in good standing and its recommendations for any legislation required to meet the purposes of this article.
CHAPTER 22B. ENVIRONMENTAL BOARDS.

ARTICLE 1. GENERAL POLICY AND PURPOSE.

§22B-1-9. General provisions for judicial review.
     (a) Any person or a chief or the director, as the case may be, adversely affected by an order made and entered by a board the environmental quality board or surface mine board after an appeal hearing, held in accordance with the provisions of this chapter, is entitled to judicial review thereof. All of the provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern the review with like effect as if the provisions of said section were set forth in extenso in this section, with the modifications or exceptions set forth in this chapter.
     (b) The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the supreme court of appeals, in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code, except that notwithstanding the provisions of said section the petition seeking such review shall be filed with the supreme court of appeals within ninety days from the date of entry of the judgment of the circuit court.
     (c) Legal counsel and services for a chief or the director in all appeal proceedings in the circuit court and in the supreme court of appeals of this state shall be provided by the attorney general or his or her assistants or by the prosecuting attorney of the county in which the appeal is taken, all without additional compensation, or with the prior written approval of the attorney general, a chief or the director may employ legal counsel.
ARTICLE 2. AIR QUALITY BOARD.

§22B-2-3. Judicial review of air quality board orders.
      (a) Any person or chief or the director, as the case may be, adversely affected by an order made and entered by the air quality board after an appeal hearing held in accordance with the provisions of this chapter may appeal directly to the supreme court of appeals of this state in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code: Provided, That the petition seeking review by the supreme court of appeals shall be filed with the court within sixty days from the date of entry of the order of the air quality control board.
     (b) Legal counsel and services for a chief or the director in all appeal proceedings in the supreme court of appeals of this state shall be provided by the attorney general or his or her assistants .
     The following amendment to the Government Organization committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4266), from the Committee on the Judiciary, was reported by the Clerk and adopted:
      On page three, after section two, by striking out the remainder of the bill.
      The question now being on the adoption of the Government Organization committee amendment to the bill, as amended, the same was put and prevailed.
     The bill (Eng. Com. Sub. for H. B. No. 4266), as amended, was then ordered to third reading.
     On motion of Senator Kessler, the Senate reconsidered its action by which it immediately hereinbefore adopted the Government Organization committee amendment to the bill, as amended.
     The vote thereon having been reconsidered,
     The question again being on the adoption of the Government Organization committee amendment to the bill, as amended.
     On motion of Senator Kessler, the following amendment to the Government Organization committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4266) was next reported by the Clerk and adopted:
     On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That the code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5F-4-1 and §5F-4-2, all to read as follows:.
     The question now being on the adoption of the Government Organization committee amendment to the bill, the same was put and prevailed.
     The bill (Eng. Com. Sub. for H. B. No. 4266), as amended, was then ordered to third 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. 4295, Exempting state bonds from taxation.
     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. 4295) 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. 4303, Relating to Gramm-Leach-Bliley and reciprocity.
     With an amendment from the Committee on Banking and Insurance pending;
     And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4303) 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. Com. Sub. for House Bill No. 4374, Relating to manufactured housing construction and safety standards.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Kessler, as chair of the Committee on the Judiciary, 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. 4374) 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. Com. Sub. for House Bill No. 4516, Relating to the state conservation committee and conservation districts.
     With amendments from the Committee on Government Organization pending;
     And has also amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 8, 2004;
     And reports the same back with the recommendation that it do pass as last amended by the Committee on Finance.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     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. 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 has amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 8, 2004;
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     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. 4552, Relating to grounds for the revocation of teacher certificates.
     And reports the same back without recommendation as to passage.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. H. B. No. 4552) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Plymale, the bill was rereferred to the Committee on Education.
     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. 4553, Relating to standards for awarding certificates to teach in the public schools.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. H. B. No. 4553) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Eng. House Bill No. 4587, Including persons who are members or consultants to review organizations within the definition of health care professionals for peer review purposes.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 4587) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 4605, Clarifying certain provisions of the West Virginia Code as they relate to domestic violence offenses and related protective orders that are issued by various courts.
     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. 4605) 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 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. 4607, Conferring the duties of the industrial revenue bond allocation review committee to the board of the West Virginia economic development authority.
     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. Com. Sub. for H. B. No. 4607) 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. House Bill No. 4523, Allowing certain racing associations or licensees qualifying for an alternate tax to increase the number of races each performance.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4523) 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, with amendments from the Committee on the Judiciary pending.
     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. 4536, Establishing the law-enforcement reemployment act.
     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. 4536) 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 Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Eng. House Bill No. 4641, Establishing a credentialing program for dialysis technicians by the board of registered professional nurses.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 4641) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 4655, Giving the children's health insurance program the right of subrogation.
     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. 4655) 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 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. 4709, Allowing the commissioner of labor to charge fees for laboratory services and calibrations.
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 9, 2004;
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     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. 4740, Relating to the establishment, initial funding and operation of a patient injury compensation fund.
     With amendments from the Committee on the Judiciary pending;
     And has also amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 10, 2004;
     And reports the same back with the recommendation that it do pass 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. 4740) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
     At the request of Senator Kessler, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the bill was withdrawn.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page three, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 12D. WEST VIRGINIA PATIENT INJURY COMPENSATION FUND.
§29-12D-1. Creation of patient injury compensation fund; purpose; initial funding of patient injury compensation fund.

     (a) There is created the West Virginia patient injury compensation fund for the purpose of providing fair and reasonable compensation to claimants in medical malpractice actions for any portion of economic damages awarded that is uncollectible as a result of limitations on economic damage awards for trauma care or as a result of the operation of the joint and several liability principles and standards set forth in article seven-b, chapter fifty-five of this code. The fund shall consist of all contributions, revenues and moneys which may be paid into the fund, from time to time, by the state of West Virginia or from any other source whatsoever, together with any and all interest, earnings, dividends, distributions, moneys or revenues of any nature whatsoever accruing to the fund.
     (b) Initial funding for the fund shall be provided as follows: during fiscal year two thousand five, two million two hundred thousand dollars of the revenues that would otherwise be transferred to the tobacco account established at subsection (b), section two, article eleven-a, chapter four of this code pursuant to the provisions of section fourteen, article three, chapter thirty-three of this code shall be transferred to the fund; during fiscal year two thousand six, two million two hundred thousand dollars of the revenues that would otherwise be transferred to the tobacco account established at subsection (b), section two, article eleven-a, chapter four of this code pursuant to the provisions of section fourteen, article three, chapter thirty-three of this code shall be transferred to the fund; and during fiscal year two thousand seven, two million two hundred thousand dollars of the revenues that would otherwise be transferred to the tobacco account established at subsection (b), section two, article eleven-a, chapter four of this code pursuant to the provisions of section fourteen, article three, chapter thirty-three of this code shall be transferred to the fund. Beginning fiscal year two thousand eight, if and to the extent additional funding for the fund is required, from time to time, to maintain the actuarial soundness of the fund, the additional funding may be provided by further act of the Legislature, either from the revenue stream identified in this subsection or otherwise. Payments to the tobacco fund shall be extended until the tobacco fund is repaid in full.
     (c) The fund is not and shall not be considered a defendant in any civil action arising under article seven-b, chapter fifty-five of this code.
     (d) The fund is not and shall not be considered an insurance company or insurer for any purpose under this code.
§29-12D-2. Administration of fund; investment of fund assets; annual actuarial review and audit; fund assets and liabilities not assets and liabilities of the state.

     (a) The patient injury compensation fund shall be implemented, administered and operated by the board of risk and insurance management. In addition to any other powers and authority expressly or impliedly conferred on the board of risk and insurance management in this code, the board may:
     (1) Receive, collect and deposit all revenues and moneys due the fund;
     (2) Employ, or in accordance with the provisions of law applicable contract for personal, professional or consulting services, retain the services of a qualified competent actuary to perform the annual actuarial study of the fund required by this section and advise the board on all aspects of the fund's administration, operation and defense which require application of the actuarial science;
     (3) Contract for any services necessary or advisable to implement the authority and discharge the responsibilities conferred and imposed on the board by this article;
     (4) Employ, or contract with, legal counsel of the board's choosing to advise and represent the board and represent the fund in respect of any and all matters relating to the operation of the fund and payments out of the fund;
     (5) Employ necessary or appropriate clerical personnel to carry out the responsibilities of the board under this part; and
     (6) Promulgate rules, in accordance with article three, chapter twenty-nine-a of this code, as it considers necessary or advisable to implement the authority of and discharge the responsibilities conferred and imposed on the board by this article.
     (b) The assets of the fund, and any and all income, dividends, distributions or other income or moneys earned by or accruing to the benefit of the fund, shall be held in trust for the purposes contemplated by this article and shall not be spent for any other purpose: Provided, That the assets of the fund may be used to pay for all reasonable costs and expenses of any nature whatsoever associated with the ongoing administration and operation of the fund. All assets of the fund, from time to time, shall be deposited with, held and invested by, and accounted for separately by the investment management board. All moneys and assets of the fund shall be invested and reinvested by the investment management board in the same manner as provided by law for the investment of other trust fund assets held and invested by the investment management board.
     (c) The board shall cause an annual review of the assets and liabilities of the fund to be conducted on an annual basis by a qualified, independent actuary.
     (d) The board shall cause an audit of the fund to be conducted on an annual basis by a qualified, independent auditor.
     (e) The state of West Virginia is not liable for any liabilities of the fund. Claims or expenses against the fund are not a debt of the state of West Virginia or a charge against the general revenue fund of the state of West Virginia.
§29-12D-3. Payments from the patient injury compensation fund.
     (a) Other than payments in connection with the ongoing operation and administration of the fund, no payments may be made from the fund other than in satisfaction of claims for economic damages to qualified claimants who would have collected economic damages but for the operation of the limits on economic damages set forth in article seven-b, chapter fifty-five of this code.
     (b) For purposes of this article, a qualified claimant must be both a "patient" and a "plaintiff" as those terms are defined in article seven-b, chapter fifty-five of this code.
     (c) Any qualified claimant seeking payment from the fund must establish to the satisfaction of the board that he or she has exhausted all reasonable means to recover from all applicable liability insurance an award of economic damages following procedures prescribed by the board by legislative rule.
     (d) Upon a determination by the board that a qualified claimant to the fund for compensation has exhausted all reasonable means to recover from all applicable liability insurance an award of economic damages arising under article seven-b, chapter fifty- five of this code, the board shall make a payment or payments to the claimant for economic damages. The economic damages must have been awarded but be uncollectible after the exhaustion of all reasonable means of recovery of applicable insurance proceeds. In no event shall the amount paid by the board in respect to any one occurrence exceed one million dollars or the maximum amount of money that could have been collected from all applicable insurance prior to the creation of the patient injury compensation fund under this article, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees.
     (e) The board, in its discretion, may make payments to a qualified claimant in a lump sum amount or in the form of periodic payments. Periodic payments are to be based upon the present value of the total amount to be paid by the fund to the claimant by using federally approved qualified assignments.
     (f) In its discretion, the board may make a payment or payments out of the fund to a qualified claimant in connection with the settlement of claims arising under article seven-b, chapter fifty-five of this code, all according to rules promulgated by the board. The board shall prior to making payment determine that payment from the fund to a qualified claimant is in the best interests of the fund. When the claimant and the board agree upon a settlement amount, the following procedure shall be followed:
     (1) A petition shall be filed by the claimant with the court in which the action is pending or, if none is pending, in a court of appropriate jurisdiction, for approval of the agreement between the claimant and the board.
     (2) The court shall set the petition for hearing as soon as the court's calendar permits. Notice of the time, date and place of hearing shall be given to the claimant and to the board.
     (3) At the hearing the court shall approve the proposed settlement if the court finds it to be valid, just and equitable.
     (g) If and to the extent that any payment to one or more qualified claimants under this section would deplete the fund during any fiscal year, payments to and among qualified claimant's shall be prorated during the fiscal year according to the rules promulgated by the board. Any amounts due and unpaid to qualified claimants shall be paid in subsequent fiscal years from available funds, but only to the extent funds are available in any fiscal year, according to the board's rules.
     (h) Payments out of the fund may be used to pay reasonable attorney fees of attorneys representing qualified claimants receiving compensation in respect of economic damages as established by the board of risk and insurance management.
     (i) The claimant may appeal a final decision made by the board pursuant to the provisions of article five, chapter twenty-nine-a of this code.
     The bill (Eng. H. B. No. 4740), as amended, was then ordered to third 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, Smith, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--31.
     The nays were: Weeks--1.
     Absent: Bailey and Caldwell--2.
     Having been engrossed, the bill (Eng. H. B. No. 4740) 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, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Bailey and Caldwell--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. 4740) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
      On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     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; providing the fund is not an insurer or insurance company under the code; providing for administration by the board of risk and insurance management; specifying certain powers and authority of the board; protecting the assets of the fund; requiring an annual audit of the fund by an independent actuary; providing immunity for the state and its agents 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 periodic payments; establishing procedures; providing for proration of payments under certain circumstances; authorizing the payment of reasonable attorney fees; and providing for appeals.
      Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 4746, Relating generally to the state treasurer's office.
     With amendments from the Committee on Government Organization pending;
     And has also amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on March 10, 2004;
     And reports the same back with the recommendation that it do pass as amended by the Committee on Government Organization to which the bill was first referred; and as last amended by the Committee on Finance.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Deem, Kessler, Sprouse and Bowman.
     Thereafter, at the request of Senator Sprouse, and by unanimous consent, the remarks by Senator Deem were ordered printed in the Appendix to the Journal.
     At the request of Senator Bowman, unanimous consent being granted, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.
     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, Friday, March 12, 2004, at 11 a.m.
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