WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

FIFTY-EIGHTH DAY

____________

Charleston, W. Va., Thursday, March 11, 2004

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

     Prayer was offered by the Reverend Rick Perrine, Ripley Baptist Temple, Ripley, West Virginia.
     Pending the reading of the Journal of Wednesday, March 10, 2004,
     On motion of Senator Sharpe, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     Senator Tomblin (Mr. President) presented the following communication, comprising the annual report of the West Virginia Commission on Uniform State Laws, which was received:
WEST VIRGINIA COMMISSION ON

UNIFORM STATE LAWS

REPORT TO THE WEST VIRGINIA LEGISLATURE

REGULAR SESSION, 2004

I. PREAMBLE
     The West Virginia Commissioners on Uniform State Laws submit this annual report to the West Virginia Legislature in accordance with the provisions of West Virginia Code §29-1A-4. Since the establishment of the West Virginia Commission on Uniform State Laws, its members have regularly and actively participated in the National Conference of Commissioners on Uniform State Laws. From the model Acts promulgated by the Conference, the West Virginia Commissioners have selected those which they think would be most immediately beneficial to the State of West Virginia and have worked with the state Legislature for their passage.
II. HISTORY OF NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS

     In 1889, the New York Bar Association appointed a special committee on uniformity of laws. In the next year, the New York Legislature authorized the appointment of Commissioners "to examine certain subjects of national importance that seemed to show conflict among the laws of the several commonwealths, to ascertain the best means to effect an assimilation or uniformity in the laws of the states, and especially whether it would be advisable for the State of New York to invite the other states of the Union to send representatives to a convention to draft uniform laws to be submitted for approval and adoption by the several states." In that same year, the American Bar Association adopted a resolution recommending that each state provide for Commissioners to confer with the Commissioners of other states on the subject of uniformity of legislation on certain subjects. In August of 1892, the first National Conference of Commissioners on Uniform State Laws (ULC) convened in Saratoga, New York, three days preceding the annual meeting of the American Bar Association.
     By 1912, every state was participating in the ULC. In each year of service, the ULC has steadily increased its contribution to state law. The ULC has attracted some of the best of the profession. In 1912, Woodrow Wilson became a member. This, of course, was before his more notable political prominence and service as President of the United States. Several persons, later to become Justices of the Supreme Court of the United States, have been members. These individuals are former Justices Brandeis and Rutledge and current Chief Justice Rehnquist. Legal scholars have served in large numbers. Examples are Professors Wigmore, Williston, Pound and Bogart. This distinguished body has guaranteed that the projects of the ULC are of the highest quality and are enormously influential upon the process of the law.
     As it has developed in its 112 years, the ULC is a confederation of state interests. It arose out of the concerns of state government for the improvement of the law and for better interstate relationships. Its sole purpose has been, and remains, service to state government and improvement of state law.
III. THE OPERATION OF THE ULC
     The National Conference is convened as a body once a year. It meets for a period of eight days, usually in late July or early August. In the interim period between the annual meetings, drafting committees composed of Commissioners meet to supply the working drafts which are considered at the annual meeting. The various drafts are accessible on the Internet. The address is www.nccusl.org. At each annual meeting, the latest drafts of the drafting committees are read and debated. Normally, each Act is considered over a minimum period of two years. No Act becomes officially recognized as a Uniform Act until the National Conference is satisfied that it is ready for consideration in the state legislatures. It is then put to a vote of the state delegations, during which each state caucuses and votes as a unit.
     The governing body is the ULC Executive Committee and is composed of the officers, certain ex officio members and members appointed by the President of the ULC. Certain activities are conducted by standing committees. For example, the Committee on Scope and Program considers all new subject areas for possible Uniform Acts. The Legislative Committee superintends the relationships of the ULC to the state legislatures.
     A small staff located in Chicago operates the national office of the ULC. The national office handles meeting arrangements, publications, legislative liaison and general administration for the ULC. The total staff numbers only nine people.
     The ULC maintains relations with several sister organizations. Official liaison is maintained with the American Bar Association, which contributes an amount each year to the operation of the ULC. Liaison is also maintained with the American Law Institute, the Council of State Governments and the National Conference of State Legislatures on an ongoing basis. The Uniform Commercial Code is a continuing joint project of the ULC and the American Law Institute. Liaison and activities may be conducted with other associations as interests and activities necessitate.
IV. SCHEDULED DRAFTING COMMITTEE MEETINGS
     Subsequent to the Commission's Report to the Legislature last year and prior to the date of this report, 22 Committee meetings were held in six different cities.
February 28-March 2, 2003           Washington, DC   UECA
March 21-23, 2003                   San Antonio, TX  ENTITY, MEDIATION, WAGE WITHHOLDING
April 25-27, 2003                   Chicago, IL      JEB/UFL, JEB/UUOA, JEB/URPA, POA
April 25-27, 2003                   Chicago, IL      LIAISON w/NAT, UMIFA
May 1-4, 2003                       Atlanta, GA      ELECTRONIC, STYLE, LLC, MORTGAGE SATISFACTION
May 9-11, 2003                      Chicago, IL      UECA
May 9-11, 2003                      Chicago, IL      COT, PUBLIC RELATIONS
June 6-8, 2003                      Chicago, IL      UeNTA
September 5-7, 2003                 Chicago, IL      STYLE, JEB/URPA, UCC
September 19-21, 2003               Chicago, IL      WAGE WITHHOLDING, CERTIFICATE OF TITLE
October 3-5, 2003                   Chicago, IL      LIAISON W/NAT
November 7-9, 2003                  Chicago, IL      MORTGAGE SATISFACTION, LIMITED LIABILITY, JEB/UTEA
November 14-16, 2003                Chicago, IL      CONSUMER DEBT, UMIFA, ELECTRONIC RECORDATION, LEGISLATIVE, JEB/UUOA
November 22-23, 2003                Chicago, IL      PUBLIC RELATIONS
December 12-14, 2003                Chicago, IL      AGRICULTURAL-RELATED COOP., DURABLE POWER, MORTGAGEE ACCESS TO RENTS
January 9-12, 2004                  Wilmington, DE   MIDYEAR
January 23-25, 2004                 Washington, DC   UCOTA, MORTGAGE SATISFACTION
February 13-15, 2004                Chicago, IL      UeNTA, WAGE HARMONIZATION, DURABLE POWER
February 20-22, 2004                Chicago, IL      UMIFA, AGRICULTURAL COOP.
February 27-28, 2004                Phoenix, AZ      JEB/UTEA
February 27-29, 2004                Phoenix, AZ      LIAISON W/NAT
     Each meeting of the various drafting committees is open to the public and is routinely attended by official advisors and observers from various constituencies across the country. The future meetings of the Committees (including Joint Editorial Boards) scheduled as of this date are as follows:
March 12-14, 2004                   Washington, DC   UeNTA, CONSUMER DEBT, ELECTRONIC, MONEY SERVICES
April 16-18, 2004                   Chicago, IL      LIMITED LIABILITY, ACCESS TO RENTS, CHILD ABDUCTION
April 23-25, 2004                   Chicago, IL      STATE ADMIN. PROC., FOREIGN JUDGMENT, CHILD REPRESENTATION
April 30-May 2, 2004                Chicago, IL      STYLE, BUSINESS TRUST
May 1, 2004                         Chicago, IL      JEB/UUOA
V. ACTIVITIES OF THE WEST VIRGINIA COMMISSION ON UNIFORM STATE LAWS

     A. Committee Assignments:
     The West Virginia Commissioners are Richard E. Ford of Lewisburg; Judge Frederick P. Stamp, Jr., of Wheeling; and Vincent P. Cardi of Morgantown who succeeded John L. McClaugherty of Charleston. The Commissioners from West Virginia serve on several committees of the Conference. Richard E. Ford serves on the Committee on Review of Conferences Act, the Study Committee on Misuses of Genetic Information Act, the Study Committee on Electronic Payment Systems and the Committee on Membership and Attendance. Judge Stamp is the Chairperson of the Study Committee on Conflicts of Laws-Limitations Act and serves on the Standby Committee on Uniform Athlete Agents Act. Vincent P. Cardi is the Legislative Liaison Member.
B. ULC Offices Held by Commissioners from West Virginia:
     Judge Stamp is a trustee of the Uniform Law Foundation.
     Richard E. Ford is a member of the Legislative Council and is Regional Chairman for West Virginia, Virginia, the District of Columbia, Maryland and North Carolina. He has also served for two years on the Executive Committee and has served for two years as Secretary of the National Conference of Commissioners on Uniform State Laws.
     Former Commissioner John L. McClaugherty served two years as Chairman of the Executive Committee and served two years as President of the National Conference of Commissioners on Uniform State Laws, an honor for lawyers second only to the Presidency of the American Bar Association.
C. 2003 Annual Meeting:
     All three Commissioners from West Virginia attended the last ULC annual meeting in Washington, D. C.
VI. ULC 2003 ANNUAL MEETING HELD FROM AUGUST 1 THROUGH AUGUST 7, 2003

     At the Annual Conference, eight Acts or sets of Amendments were approved for enactment by the states. These Acts and Amendments are summarized as follows:
A. 2003 Amendments to Article 2, Uniform Commercial Code
     Article 2 of the Uniform Commercial Code governs sales of goods. It was promulgated as part of the Uniform Commercial Code in 1951. It has ancestry in the Uniform Sales Act, originally promulgated in 1906. The Amendments incorporate electronic transactions so that sale contracts can be formed and enforced though in electronic media. Other areas of Article 2 are clarified in light of the experience with this Article since 1951, the year it replaced the Uniform Sales Act and the year the Uniform Commercial Code was launched.
B. 2003 Amendments to Article 2A, Uniform Commercial Code
     Article 2A governs leases of goods in a parallel fashion to the governance of sales of goods in Article 2. Article 2A was added to the Uniform Commercial Code in 1987 and was the first new Article in the Uniform Commercial Code since its original promulgation in 1951. Article 2A was amended in 1990. The primary purpose of the 2003 Amendments is to incorporate electronic transactions so that lease contracts can be formed and enforced though in electronic media. There are other clarifications based on the experience with Article 2A since 1987.
C. Revised Article 7, Uniform Commercial Code
     Article 7 governs the transfer of bills of lading and warehouse receipts as documents of title. Generally, transfer of a document of title from one person to another transfers the rights in the goods represented by the document of title. Article 7 provides for negotiable documents of title, which transfer interests in goods represented in such documents free of any claims or defenses of the issuer or other transferor of the document. The revisions establish the rules for electronic documents of title. It authorizes them, incorporates electronic records and signatures for statute of fraud purposes, provides an analogous system for transfer of electronic documents to the system of negotiable paper documents of title, provides for conversion of electronic documents of title into tangible documents of title and vice versa and prepares for the expected reliance upon electronic documents of title into the future. A key concept to transfer of electronic documents of title is that of "control". Control occurs when it is possible to identify every transfer of an authoritative copy of an electronic document with absolute certainty and when transfer can only occur when the party in control authorizes transfer.
D. Uniform Environmental Covenants Act
     This new Uniform Act in 2003 creates an interest in real estate called an "environmental covenant" that assures a plan of rehabilitation for contaminated real property (brownfields) and control of use that may be separately conveyed to and enforced by a relevant third person called a "holder". An underlying plan between state or federal government and landowner for "remediation" of the property must be in place for an environmental covenant to be created and conveyed. The ultimate objective of this act is to allow contaminated property to be returned to those uses consistent with prescribed clean-up, essentially making them marketable. The Act provides for the creation of such a covenant, its termination when appropriate, priority over other real estate interests and enforcement over the time the covenant is in place. An environmental covenant is perpetual unless a specific term is prescribed in the instrument creating it. The interest will be recorded in the real estate records.
E. 2003 Revision of the Uniform Estate Tax Apportionment Act
     This is a revision of earlier Acts, and part of the Uniform Probate Code, that provides for apportioning the burden of federal or state estate taxes between the respective interests of heirs or legatees of an estate, or beneficiaries of a revocable trust, when the fiduciary for an estate or trust is required to pay such taxes. Generally, the tax burden is allocated to the interests of estate or trust beneficiaries in proportion to their interests in the whole of the taxable estate. There are special rules for specific sorts of interests such as qualified terminable interest property trusts (a kind of marital trust) and when certain kinds of property are insulated from inclusion in the apportionable estate, though they are taxable property. This update takes into account all changes in tax rules arising since the last time this Act was amended.
F. 2003 Amendments to Uniform Mediation Act: UNCITRAL Model Act on Commercial Conciliation

     The 2003 Amendment to the Uniform Mediation Act provides for adoption of the UNCITRAL Model Act on Commercial Conciliation by incorporating it by reference in the Uniform Mediation Act. The Model Law was adopted by UNCITRAL in 2002, and provides for the appointment of conciliators (mediators) and the conduct of a conciliation between international commercial disputants. Conciliation and mediation are virtually synonymous for the purposes of these Acts.
G. 2003 Amendments to the Uniform Trust Code
     The 2003 Amendments to the Uniform Trust Code (2000) follow a set of Amendments approved in 2001. The changes consist of several clarifications and technical corrections, mostly nonsubstantive. An Amendment to Section 105(b)(8) clarifies the mandatory rule requiring qualified beneficiaries over the age of 25 to be notified of the existence of an irrevocable trust, the identity of the trustee and of their right to request a trustee's report. An Amendment to Section 411 adds the words "modification or" to correct an inadvertent technical glitch. The section relates to the modification or termination of a noncharitable irrevocable trust by consent.   Amendments to Sections 602 and 603 deal with revocable trusts and who controls the rights of the beneficiaries while the trust is revocable. The objective is to make sure that, in cases of a trust with a joint interest, a settlor is notified if another settlor amends or revokes the trust. Since Section 603 is much broader in scope, the language has been stricken from it and added more precisely into Section 602. Another Amendment to Section 802 deals with the trustee's duty of loyalty. The Amendment to Section 802(f) clarifies the Uniform Trust Code provision on proprietary mutual funds. The Amendment provides that Section 802(f) applies to institutional trustees in many other contexts other than proprietary mutual funds. The last Amendment changes an "or" to an "and" in Section 815, relating to general powers of a trustee. While a technical typographical glitch, its impact is substantive. This Amendment clarifies the intent of the drafters that, to the extent the terms of the trust are silent, the trustee powers will be supplemented by those in the Uniform Trust Code.
H. 2003 Amendment to the Uniform Apportionment of Tort Responsibility Act

     This Act, which was promulgated originally in 2002 and which replaces the Uniform Compartive Fault Act of 1979, received some limited Amendments in 2003. Language relating to "strict liability" in Section 3 has been deleted, since the defense of contributory fault has not ordinarily been available in strict liability cases. The act applies in negligence and any other case in which a defense of contributory fault may have been a defense. Other Amendments clarify the reallocation provisions, primarily providing for a more precise statement relating to any security position or subrogation rights considered in reallocating damages. A precise time of 90 days has been provided for filing for reallocation in the event a share of a party is uncollectible.
VII. RECOMMENDATIONS BY THE WEST VIRGINIA COMMISSION ON UNIFORM STATE LAWS

     The West Virginia Commission on Uniform State Laws has recommended that the following Uniform Acts be considered during the 2004 legislative session:
1. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act

     Protection orders are meant to prevent domestic violence by putting an enforceable shield around its potential victims against those who would harm them. The order, which generally prohibits the victimizer's personal contact and proximity to potential victims, gives law enforcement and the courts a means of either warning off victimizers by weight of the law or by getting them into custody before actual harm occurs. A "tribunal" with jurisdiction has the power to enforce an out-of-state protection order without any other prior perfecting or validating procedure, but often it is difficult to convince a court that there is such an order in another state, or that the court does have the power to enforce it.
     The Uniform Act provides for registration -- a fairly simple procedure that requires a certified order and an affidavit from the protected individual that the order is current. The protected individual may receive a certified copy of the order which then may be presented for enforcement either in a tribunal or by a law- enforcement officer. The Uniform Act has an immunity provision that provides a liability shield for any agency, law-enforcement officer, prosecuting attorney, clerk of court or other official who enforces an order under the Act in good faith.
2. Revised Article 1 of the Uniform Commercial Code
     Article 1 of the Uniform Commercial Code (UCC) provides definitions and general provisions which, in the absence of conflicting provisions, apply as default rules covering transactions and matters otherwise covered under a different article of the UCC. As other parts of the UCC have been revised and amended to accommodate changing business practices and development in the law, these modifications need to be reflected in an updated Article 1. Thus, Article 1 contains many changes of a technical, nonsubstantive nature, such as reordering and renumbering sections, and adding gender-neutral terminology. In addition, over the years it has been in place, certain provisions of Article 1 have been identified as confusing or imprecise. Several changes reflect an effort to add greater clarity in light of this experience. Finally, developments in the law have led to the conclusion that certain changes of a substantive nature needed to be made.
3. Uniform Trust Code
     The Uniform Trust Code, which was approved by the National Conference of Commissioners on Uniform State Laws in 2000, is a comprehensive and modern codification of the law of trusts. The primary stimulus for developing this uniform law was the greater use of trusts in recent years, both in family estate planning and in commercial transactions, both in the United States and internationally. This greater use of the trust, and consequent rise in the number of day-to-day questions involving trusts, has led to a recognition that the trust law in many states is thin. It has also led to a recognition that the existing Uniform Acts relating to trusts, while numerous, are incomplete. The primary source of trust law in most states is, thus, the Restatement (Second) of Trusts and the multivolume treatises by Scott and Bogert, sources that fail to address numerous practical issues and which on others provide insufficient guidance. While there are numerous Uniform Acts related to trusts, none is comprehensive. The Uniform Trust Code will provide states with precise guidance on trust law questions and in an easily findable place.
VIII. DISTRIBUTION OF REPORT
     As recommended in the Performance Review Report pertaining to the Commission on Uniform State Laws, a copy of this report to the Legislature is being forwarded to the West Virginia State Bar, the West Virginia Bar Association, the Mountain State Bar Association, the West Virginia Trial Lawyers Association and the Defense Trial Counsel of West Virginia.
     Respectfully submitted this 3rd day of March, 2004.
                              Richard E. Ford,
                               Chair,
                              Frederick P. Stamp, Jr.,
                               Secretary,
                              Vincent P. Cardi,
                               Legislative Liaison.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Senate Bill No. 100, Prohibiting state and political subdivisions from contracting with vendors owing debt.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page two, section ten-a, line six, after the word "assessment," by inserting the word "defaulted.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Senate Bill No. 100, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 100) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Senate Bill No. 181, Permitting retired state police to carry concealed weapon for life.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-25. Rules generally; carrying of weapons upon retirement or medical discharge.

     Subject to the written approval of the governor and the provisions of this article, the superintendent may make and promulgate proper rules and regulations for the government, discipline and control of the division of public safety West Virginia state police and shall also cause to be established proper rules and regulations for the examinations of all applicants for appointment thereto. The members of the division of public safety West Virginia state police shall be permitted to carry arms and weapons and no license shall may be required for such the privilege.
     Upon retirement or medical discharge from the division of public safety West Virginia state police and with the written consent of the superintendent, any retired or medically discharged member may carry a handgun for a period of five years the life of the member following retirement or medical discharge notwithstanding the provisions of article seven, chapter sixty-one of this code: Provided, That the superintendent's written letter of consent to carry a handgun may not last for more than five years at a time, and a retired or medically discharged member who wishes to continue to carry a handgun beyond five years of the date of his or her initial retirement or medical discharge must request and obtain a renewal of the superintendent's written permission to carry a handgun at least once every five years. A retired or medically discharged member desiring to carry a handgun after retirement or medical discharge must provide his or her own handgun. If, upon retirement or medical discharge, a member elects to carry a handgun as provided herein, the division of public safety shall maintain and pay for the bond required under the provisions of section five of this article for five years following such member's retirement or medical discharge. Upon request, each member shall be presented with a letter of authorization signed by the superintendent authorizing the retired or medically discharged member to carry a handgun. and the The written authorization shall be carried by the retired or medically discharged member at all times that he or she has a handgun on his or her person. The superintendent may not issue a letter of authorization to any retired or medically discharged member who is no longer employed by the state police due to a mental disability or who the superintendent has reason to believe is mentally incapacitated to the extent it would present a threat of physical harm to one or more persons for the member to carry a concealed weapon. The superintendent may revoke the authority at any time without cause and without recourse. Conviction of the retired or medically discharged member for the commission of any felony or for a misdemeanor involving the improper or illegal use of a firearm shall cause this authority to terminate immediately without a hearing or other recourse and without any action on the part of the superintendent. The superintendent shall promulgate a legislative rule in accordance with the provisions of chapter twenty-nine-a of this code, which rule shall prescribe requirements necessary for the issuance and continuance of the authority herein granted. The authority granted herein shall be for a period of five years immediately following retirement or medical discharge and shall not be renewed or extended for a longer term.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 181, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 181) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 469, Continuing interstate commission on uniform state laws.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 470, Continuing real estate appraiser licensing and certification board.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 506, Permitting use of "bank" in name of licensed insurance company.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to the House of Delegates amendments to, and the passage as amended, of
     Eng. Senate Bill No. 563, Relating to public employees retirement act.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
      Eng. Senate Bill No. 576, Continuing state rail authority .
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page two, section twenty-four, line four, by striking out the word "six" and inserting in lieu thereof the word "ten".
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Senate Bill No. 576, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 576) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
     Senate Concurrent Resolution No. 48, Requesting Joint Committee on Government and Finance study training and educational needs related to Alzheimer's disease and related dementias.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
     Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study need for adult day care, congregate respite and in-home services for persons with Alzheimer's.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
     Eng. Com. Sub. for House Bill No. 3096, Authorizing cooperation of campus police and rangers employed by the Hatfield-McCoy regional recreation authority with other law-enforcement agencies.
     A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, to take effect from passage, and requested the concurrence of the Senate in the changed effective date, as to
     Eng. House Bill No. 4040, Relating to criteria for making decisions affecting the filling of vacancies if one or more permanently employed instructional personnel apply for a classroom teaching position.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     On further motion of Senator Chafin, the Senate concurred in the changed effective date of the bill, that being to take effect from passage, instead of ninety days from passage.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. No. 4040) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
     Eng. House Bill No. 4107, Allowing licensees of charitable bingo and raffle games to transfer game proceeds between their bingo and raffle operations.
     The message further announced the appointment of the following conferees on the part of the House of Delegates:
     Delegates Kominar, Stemple and Schadler.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
     Eng. Com. Sub. for House Bill No. 4168, Requiring lenders to have the funds for mortgage loans available at the appropriate time.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4282--A Bill to amend and reenact §20-2-5 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20- 2-46n, all relating to authorizing crossbow hunting for disabled persons.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
     Eng. Com. Sub. for House Bill No. 4373, Making it a crime to alter a traffic-control device with an infrared or electronic device.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
     Eng. Com. Sub. for House Bill No. 4491, Relating to mine inspectors and instructors employed by the office of miners' health, safety and training.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect from passage, of
     Eng. House Bill No. 4554, Relating to the rights, privileges and benefits of substitute service personnel employed to fill vacancies created by leaves of absence.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
     Eng. House Bill No. 4598, Restricting courts from requiring conditions on the out of home placement of children inconsistent with existing licensing regulations.
     A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
     Eng. House Bill No. 4601, Relating to public education generally.
     On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
     Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
     Senators Plymale, Edgell and Boley.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4748--A Bill making a supplementary appropriation in the state excess lottery revenue fund, to the lottery commission - refundable credit, fund 7207, fiscal year 2004, organization 0705, supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4749--A Bill supplementing, amending and increasing items of the existing appropriations from the state road fund to the department of transportation, division of highways, fund 9017, fiscal year 2004, organization 0803, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand four.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4750--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of education - state department of education, fund 8712, fiscal year 2004, organization 0402, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4751--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of military affairs and public safety - adjutant general - state militia, fund 8726, fiscal year 2004, organization 0603, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 53--Requesting the Joint Committee on Government and Finance to conduct a study on fraudulent sales of durable medical equipment to West Virginia's seniors.
     Whereas, Durable Medical Equipment (DME) is reusable medical equipment ordered by a physician, i.e., power wheelchairs, walkers, hospital beds; and
     Whereas, While the majority of DME providers are reputable, some providers use unethical sales tactics thus committing fraud on seniors; and
     Whereas, These unscrupulous providers use a variety of high- pressure techniques in obtaining medicare health insurance claim numbers and purchase agreements; and
     Whereas, Currently, power wheelchair providers are examples of providers who may use tactics and advertising to create a need for these products--often advertising "free to the patient" or "medicare may provide for you"; and
     Whereas, These providers also prey on seniors by coming into their homes and making them endure hours of high-pressure sales techniques often not leaving until a purchase is made; and
     Whereas, Seniors who succumb to these techniques purchase these products without realizing the exact costs and services provided; and
     Whereas, The West Virginia Legislature should look into enacting legislation that would prevent DME providers from committing consumer fraud and manipulating the market of durable medical equipment in an effort to protect the seniors in West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to make a study on deceptive sales techniques of durable medical equipment to West Virginia's seniors; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Referred to the Committee on Rules.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 74--Requesting the Division of Highways name the bridge on Route 54, milepost 1.00 in Wyoming County the "Charles S. 'Charlie Boy' Stump, Jr., Memorial Bridge".
     Whereas, Charles S. "Charlie Boy" Stump, Jr., was a lifelong resident of Wyoming County who was well-known and loved in the county and the state and who raised four daughters while contributing his time, efforts and money to many worthwhile work, church and community projects; and
     Whereas, Charles S. Stump, Jr., was a 1961 graduate of Mullens High School, who was active in academics and sports, playing football, baseball and basketball and who was voted "most popular" in his graduating class. Upon graduating from high school, Charles S. Stump, Jr., attended West Virginia University, where he was a member of the fraternity Delta Tau Delta and from which he graduated in 1966 with a degree from the West Virginia School of Pharmacy; and
     Whereas, Charles S. Stump, Jr., was a dedicated health care professional who began his career by practicing with his father at Stump Drug Company and who opened his own pharmacy, Charlie's Pharmacy, in 1983 and a second pharmacy in Pineville in 1994. Charles S. Stump, Jr., dedicated his life to serving his community by running a truly hometown pharmacy, providing after-hours service and personal delivery of medication to patients in need. Charles S. Stump, Jr., demonstrated his outstanding commitment to both his community and health care when, in the aftermath of the flood of 2001, he delivered medication door-to-door in Mullens; and
     Whereas, Charles S. Stump, Jr., was a devoted Baptist and a member of Highland Avenue Baptist Church in Mullens. Affectionately known as "Papa Charlie" by his grandchildren, Charles S. Stump, Jr., was always present at his grandchildren's games and was always first to call on birthday mornings; and
     Whereas, It is fitting that this bridge, as requested by his family, friends, coworkers and neighbors, be named for this true West Virginia gentleman, businessman, community leader and health care professional who touched so many lives and left his mark on the hearts of all who knew him; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the bridge on Route 54, milepost 1.00 in Wyoming County the "Charles S. 'Charlie Boy' Stump, Jr., Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Charles S. 'Charlie Boy' Stump, Jr., Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Charles S. Stump, Jr.
     Referred to the Committee on Transportation.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 75--Requesting the Governor to take suitable public notice each year of the month of June as "Mountain Bike Month".
     Whereas, Cycling is a popular and health-benefiting activity throughout the year for thousands of West Virginia citizens; and
     Whereas, Cycling by mountain bike on West Virginia's mountain trails throughout the warm weather season is not only a healthful experience but also one of exhilaration from the vast beauty of the thick foliage and expansive vistas of the mountains and valleys of this state; and
     Whereas, The state itself benefits greatly from the many visitors who travel and linger here to join in the thrill of experiencing the wonder and beauty of West Virginia; and
     Whereas, It is appropriate that the Governor comment upon the significance of mountain biking and call upon the citizens of the state to participate in this singular experience; and
     Whereas, It serves the public interest for the Governor to emphasize the benefits of mountain biking, both from an aspect of health and from the aspect of being rewarded for living in this wondrous place; and
     Whereas, It is appropriate for the Governor to remind the citizens of the state of policies with respect to improving and extending our many biking trails and increase awareness that this process also serves to influence and enhance the state's attractiveness to the touring public; and
     Whereas, It is requested that the Governor will ensure that sufficient funds are provided in his budget to advertise the month of June as "Mountain Bike Month" through public service media announcements and through promotion through the Division of Motor Vehicles and private not-for-profit organizations and state supported activities across the state; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Governor take suitable public notice of the month of June as "Mountain Bike Month"; and, be it
     Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Governor of the state and to the Capitol Press Corps.
     Referred to the Committee on Government Organization.

     The Senate proceeded to the sixth order of business.
     Senators
Tomblin (Mr. President), Kessler, Minard, Bailey, Prezioso, Jenkins, Hunter, Chafin, Sharpe, Snyder, Unger, Ross, Oliverio, Helmick, McCabe, Bowman, Plymale, Fanning, Caldwell, Rowe and McKenzie offered the following resolution:
     Senate Concurrent Resolution No. 90--
Requesting the Joint Committee on Government and Finance study the solvency of the West Virginia unemployment compensation fund.
     Whereas, The West Virginia Bureau of Employment Programs was created to promote the social and economic security of unemployed West Virginians so as to guard against the menace to health, morals and welfare arising from unemployment; and
     Whereas, The Commissioner of the West Virginia Bureau of Employment Programs is charged with overseeing the fiscal affairs of the Bureau; and
     Whereas, The Commissioner has ascertained that it is necessary to adjust the current manner of operation within the Bureau of Employment Programs to meet the expected demand on benefits and to retain the current solvency of the unemployment trust fund account; and
     Whereas, If the current trend continues as projected, the benefits paid will continue to increase and the funds available through contributions to the fund will not be sufficient to address the demands for benefits upon them and the unemployment trust fund account will become insolvent; and
     Whereas, The West Virginia Bureau of Employment Programs is in dire need of review of the wage base and the maximum weekly wage in West Virginia to correlate to continued solvency of the unemployment trust fund account; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study the solvency of the West Virginia unemployment compensation fund; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Hunter, Caldwell, Minard and Unger offered the following resolution:
     Senate Concurrent Resolution No. 91--
Requesting the Joint Committee on Government and Finance study fraudulent credit card transactions and the impact those fraudulent transactions have on West Virginia residents, businesses and banking institutions.
     Whereas, Credit card fraud is a growing problem for citizens, banks and merchants in this state; and
     Whereas, It is essential for a healthy business climate that perpetrators of credit card fraud be prosecuted and held accountable in court for their crimes so that businesses will not be overcharged for card-not-present transactions; and
     Whereas, It is necessary to determine the incidence of credit card fraud in this state and its impact on citizens, banks and businesses in order to ensure a healthy commercial environment in this state; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study
fraudulent credit card transactions and the impact those fraudulent transactions have on West Virginia residents, businesses and banking institutions ; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Harrison, Rowe, White, Caldwell, Jenkins, Weeks, Smith, Sprouse, McKenzie, Minear, Facemyer, Boley, Guills, Deem, Oliverio, Hunter and Unger offered the following resolution:
     Senate Concurrent Resolution No. 92--Requesting the Joint Committee on Government and Finance study ways to reduce and eliminate the sales tax on food sold for off-premises consumption.
     Whereas, West Virginia's sales tax on food sold for off- premises consumption is the second highest in the United States at 6 percent; and
     Whereas, Four of the states that surround West Virginia have no sales tax on food sold for off-premises consumption and the only state that borders West Virginia with a sales tax on food sold for off-premises consumption has a rate of 3 1/2 percent; and
     Whereas, This disparity in tax rates places West Virginia businesses at a competitive disadvantage with those in neighboring states; and
     Whereas, The sales tax on food sold for off-premises consumption is a regressive tax which is a burden on working families in West Virginia; and
     Whereas, It would benefit West Virginia families and businesses if the tax on food sold for off-premises consumption was reduced and eliminated; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study ways to reduce and eliminate the sales tax on food sold for off-premises consumption; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senator Oliverio offered the following resolution:
     Senate Concurrent Resolution No. 93--
Requesting the United State Congress examine the stringent rules and regulations regarding America's beef industry.
     Whereas, While America has stringent rules and regulations in place to regulate the beef industry, it has become evident that there are areas that should be addressed to ensure that the industry is processing safe supplies for consumers in this country and around the world; and
     Whereas, A test for Bovine Spongiform Encephalopathy (BSE), also known as Mad Cow disease, would reassure the public and America's trading partners that the industry is BSE safe; and
     Whereas, Presently, crippled animals are removed from commercial harvest facilities which also removes them from potential testing of diseases, including BSE; and
     Whereas, Other issues involve the age of cattle entering the harvest facility and the presorting methods used in the industry which have a direct impact on U. S. producers; and
     Whereas, A national identification system, combined with production records, could assist the industry until a test for BSE is initiated; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the United States Congress examine the stringent rules and regulations regarding America's beef industry; and, be it
     Further Resolved, That the United States Congress should seek to initiate and invest in programs which could lead to a quick testing of the beef industry for BSE and positive identification of individual animals for tracing herd of origin; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation.
     Which, under the rules, lies over one day.
     Senators Love, Ross, Dempsey, Sharpe, Hunter, Facemyer, Boley, Weeks, Deem and Rowe offered the following resolution:
     Senate Concurrent Resolution No. 94--Urging the Forest Service Division of the United States Department of Agriculture plan and develop recreational trails for off-highway vehicles in the Monongahela National Forest.
     Whereas, One of the primary missions of our national forests is to provide recreational opportunities to our citizens; and
     Whereas, Off-highway vehicle trails are among the many recreational opportunities commonly provided in many national forests throughout the United States; and
     Whereas, The national forests in all the states surrounding West Virginia have established recreational trails for off-highway vehicles; and
     Whereas, The Monongahela National Forest comprises over 909,000 acres in federal ownership in 10 counties in West Virginia, making it the fourth largest national forest in the northeast; and
     Whereas, West Virginia has among the highest per capita ownership of off-highway vehicles, primarily all-terrain vehicles, in the United States and a high demand exists for recreational opportunities for owners of all-terrain vehicles; and
     Whereas, The establishment of properly designed and managed public trails and recreational opportunities for off-highway vehicles has proven to enhance the safety of the recreation, while also enhancing tourism and economic development in local communities where these recreational opportunities are provided; and
     Whereas, The Forest Service Division of the United States Department of Agriculture has demonstrated the capability and resources necessary to properly design and manage off-highway vehicle recreational opportunities throughout the United States; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby urges the Forest Service Division of the United States Department of Agriculture plan and develop recreational trails for off-highway vehicles in the Monongahela National Forest; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the United States Department of Agriculture and the Supervisor of the Monongahela National Forest.
     At the request of Senator Love, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senators
Plymale, Jenkins, Tomblin (Mr. President), Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and White offered the following resolution:
     Senate Resolution No. 39--
Memorializing the life of the Honorable H. Darrel Darby, former podiatric surgeon, businessman, member of the Senate, dedicated public servant and distinguished West Virginian.
     Whereas, H. Darrel Darby was born January 8, 1928, in Qwinwood, Greenbrier County, the son of Robert B. and Loraine (Richards) Darby; and
     Whereas, H. Darrel Darby received his education in public schools, Marshall University, Anderson College and Ohio College of Podiatric Medicine; and
     Whereas, He served his nation with pride and distinction in the United States Coast Guard from 1945 to 1947; and
     Whereas, H. Darrel Darby was married to Laura (Boggs) Darby and was the proud father of six children, Michael Darby of Beckley, Ann (Darby) Getty of Cumberland, Maryland, Beth (Darby) Upton of Huntington, Sandra (Darby) Smith of Nicholasville, Kentucky, Darrel Darby II of Huntington and Linette (Darby) Heydinger of Duluth, Georgia. He was the proud grandfather of 16 grandchildren and two great-grandchildren; and
     Whereas, H. Darrel Darby was elected to the West Virginia Senate from the fifth Senatorial District in 1972 and served until 1976; and
     Whereas, During his tenure in the Senate, the Honorable H. Darrel Darby served on numerous committees, including the committees on Finance, Labor and Confirmations. He served as Chairman of the Committee on Health from 1973 to 1976 and Chairman of the Committee on Enrolled Bills in 1976. He also served on the Senate and House Subcommittee on Health from 1973 to 1976; and
     Whereas, Upon leaving the Legislature, the Honorable H. Darrel Darby continued his community service through his active participation in a number of civic-minded organizations; and
     Whereas, The Honorable H. Darrel Darby was also a prominent businessman and served as Chairman of the Board, Laurel Lodge Enterprises, Inc.; Chairman of the Board, Darco International, Inc.; Chairman of the Board, Shanghai Darco Medical Products Ltd., Shanghai, China; and Chairman of the Board, Darco Europe, Diessen, Germany; and
     Whereas, The Honorable H. Darrel Darby was recognized for his outstanding success in business and was named Regional Entrepreneur of the Year in 1996 by Merrell Lynch. He was awarded the Distinguished Service Award by the West Virginia Podiatric Medical Association and was inducted into the Marshall University Business Hall of Fame. The International Foundation for Foot Surgery, headquartered in Germany, established the Darrel Darby Annual Award for Foot Surgery. He was named one of America's Most Influential Podiatrists by Podiatry Management Magazine in 2001 and was awarded the Distinguished Service Citation for 2004, the highest award given by the American Podiatric Medical Association; and
     Whereas, Sadly, the long and productive life of the Honorable H. Darrel Darby came to an end when he passed away on Tuesday, November 18, 2003. With his passing, he left behind a host of family and friends who have a wealth of memories to share about his life, legacy and public service; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby memorializes the life of the Honorable H. Darrel Darby, former podiatric surgeon, prominent businessman, member of the West Virginia Senate, dedicated public servant and distinguished West Virginian; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Laura Darby, Michael Darby, Ann Getty, Beth Upton, Sandra Smith, Darrel Darby II and Linette Heydinger.
     At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
     Senators Unger and McKenzie offered the following resolution:
     Senate Resolution No. 40--
Recognizing the achievements of the Governor's Workforce Investment Division by enhancing job opportunities for our citizens.
     Whereas, Over the past several years, significant inroads have been made which have brought positive change to the workforce development landscape; and
     Whereas, The establishment of the Governor's Workforce Investment Division within the West Virginia Development Office is the cornerstone of creating a combined effort between the two entities in order to build a better workforce; and
     Whereas, The new WORKFORCE West Virginia Management Information System is now in operation. West Virginia is the first state to have not only the Workforce Investment Act but also the Wagner-Peyser Job Service systems operational in the framework of a statewide management information system; and
     Whereas, The advancement of a modern on-line system for workforce development has influenced the U. S. Department of Labor to set aside a $3 million incentive grant to West Virginia in order to gain greater technology to improve the access and use of the integrated One-Stop system; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby recognizes the achievements of the Governor's Workforce Investment Division by enhancing job opportunities for our citizens; and, be it
     Further Resolved, That the advancement of the modern, on-line system being used to assist the advancement of West Virginia's workforce is recognized as a first and can be used as a model for other states to utilize as they strive to enhance their workforce development systems; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of West Virginia's Workforce Development Office.
     At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
     Senator 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:
     (Com. Sub. for S. B. No. 52), Allowing motorcycle registration plates to be fastened in vertical position.
     (S. B. No. 268), Continuing division of motor vehicles.
     (S. B. No. 269), Continuing division of purchasing within department of administration.
     (S. B. No. 324), Continuing division of personnel.
     And,
     (Com. Sub. for S. B. No. 500), Relating to fees for agents selling hunting and fishing licenses.
                              Respectfully submitted,
                               Larry L. Rowe,
                               Chair, Senate Committee.
                               Sharon Spencer,
                               Chair, House Committee.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Concurrent Resolution No. 95 (originating in the Committee on Transportation)--Suspending Joint Rule No. 5, providing for consideration of
     Senate Bill No. 737, Authorizing use of flashing white lights as auxiliary lights on emergency vehicles.
     Resolved by the Legislature of West Virginia, two thirds of all the members present and voting in each house agreeing thereto:
     That the provisions of Rule No. 5 of the Joint Rules of the Senate and House of Delegates are hereby suspended for the express purpose of consideration of Senate Bill No. 737.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     At the request of Senator Ross, unanimous consent being granted, the resolution was taken up for immediate consideration.
     The question being on the adoption of the resolution, the same was put.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Plymale--1.
     So, two thirds of all the members present and voting having voted in the affirmative, the President declared the resolution (S. C. R. No. 95) adopted.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     Senate Bill No. 737 (originating in the Committee on Transportation)--A Bill to amend and reenact §17C-15-26 of the code of West Virginia, 1931, as amended, relating to authorizing the use of flashing white lights as auxiliary lights on emergency vehicles.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     At the request of Senator Ross, unanimous consent being granted, the bill (S. B. No. 737) contained in the preceding report from the Committee on Transportation 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: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Plymale--1.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 737 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 737) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Ross, from the Committee on Transportation, submitted the following report, which was received:
     Your Committee on Transportation has had under consideration
     House Concurrent Resolution No. 6, Naming the bridge located at Howell's Mill near Ona, WV, the Rimmer-White Bridge.
     House Concurrent Resolution No. 58, Naming the new Watson Bridge, over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Jim Costello Memorial Bridge".
     And,
     House Concurrent Resolution No. 60, Designating Route 19/25 near Sutton, Braxton County, as "Tiffany Jackson Drive" in memory and honor of Tiffany Elaine Jackson.
     And reports the same back with the recommendation that they each be adopted.
                              Respectfully submitted,
                               Mike Ross,
                               Chair.
     Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration
     House Concurrent Resolution No. 8, Requesting a study on the childhood obesity epidemic in West Virginia in regards to chronic disease, poor nutrition and inadequate exercise.
     And has amended same.
     And reports the same back with the recommendation that it be adopted, as amended.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Chairman ex officio.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     House Concurrent Resolution No. 25, Requesting the three branches of state government to cooperate and encourage leaders of the state, county and municipal governments to identify and affirmatively address the racial disparities in various areas of civil rights.
     And has amended same.
     And reports the same back with the recommendation that it be adopted, as amended.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     House Concurrent Resolution No. 28, Requesting that September 12th of every year be declared as West Virginia Monarch Butterfly Day.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Hunter, from the Committee on Military, submitted the following report, which was received:
     Your Committee on Military has had under consideration
     House Concurrent Resolution No. 30, Requesting the United States Congress to broaden the eligibility categories of membership in veterans' organizations.
     And has amended same.
     And reports the same back with the recommendation that it be adopted, as amended.
                              Respectfully submitted,
                               Jon Blair Hunter,
                               Chair.
     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. 54, Requesting Joint Committee on Government and Finance study liability of Division of Forestry and others as to forest fires.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Chairman ex officio.
     Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate second reading calendar, Engrossed House Bill No. 4351.
     Senator Chafin also announced that in the same meeting, the Committee on Rules had returned to the Senate calendar, on unfinished business, House Concurrent Resolution No. 24; on third reading, Engrossed Committee Substitute for House Bill No. 4294, Engrossed House Bill No. 4304, Engrossed House Bill No. 4350, Engrossed House Bill No. 4415, Engrossed House Bill No. 4479, Engrossed Committee Substitute for House Bill No. 4517, Engrossed House Bill No. 4530 and Engrossed Committee Substitute for House Bill No. 4559; and on second reading, Engrossed Committee Substitute for House Bill No. 2801, Engrossed House Bill No. 4068, Engrossed Committee Substitute for House Bill No. 4148 and Engrossed Committee Substitute for House Bill No. 4566, under rule number seventeen of the Rules of the Senate.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 87, Requesting Joint Committee on Government and Finance study establishing one-dollar contribution toward phone cards for military personnel.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 88, Requesting Joint Committee on Government and Finance study effects of legislative acts amending laws governing workers' compensation.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
     Senate Concurrent Resolution No. 89, Requesting Joint Committee on Government and Finance study nonprofit entities that receive state and federal funds.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
     House Concurrent Resolution No. 24, Requesting the prohibition of remote control locomotive technology in switching operations until such time as a thorough, risk assessment study of remote control locomotive operations can be completed.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the eighth order of business.

     Eng. Com. Sub. for House Bill No. 2200, Creating the felony offense of destruction of property.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2200) 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. 2268, Teachers and substitute teachers as professional educators and addressing the critical need and shortage thereof.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2268) passed.
     The following amendment to the title of the bill, from the Committee on Education, 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. 2268--A Bill
to amend and reenact §18-7A-38 of the code of West Virginia, 1931, as amended; to amend and reenact §18A-2-3 of said code; and to amend and reenact §18C-4-2 of said code, all relating to the maximum number of days a retired teacher may accept employment; the employment of retired teachers in areas of critical need and shortage; defining area of critical need and shortage; adding conditions for expanding use of retired teachers to provide service as substitute teachers in areas of critical need and shortage; requiring certain vacancies to continue to be posted; providing for future expiration of provisions; providing priority for certain applicants for the Underwood-Smith scholarships; and technical amendments.
     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. 2755, Creating a criminal penalty for persons receiving stolen property that was obtained by means other than through the commission of a theft.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2755) passed.
     On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 2755--A Bill to amend and reenact §16-1-4 of the code of West Virginia, 1931, as amended, relating to authorizing the secretary of the department of health and human resources to promulgate emergency rules to regulate opioid treatment centers; establishing a moritorium on licensure of new opioid treatment facilities without certificates of need until emergency rule filed; and establishing time period for compliance.
     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. 2914, Relating to the rehabilitation and liquidation of insurers subject to the regulatory authority of the West Virginia insurance commissioner.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2914) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 2991, Relating to the fee charged by fiduciary commissioners in settling an estate.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     Prior to the call of the roll, Senator Guills moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: None.
     Excused from voting: Guills--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2991) 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. House Bill No. 2991--A Bill to repeal §44-2-2 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §41-5-1a; to amend and reenact §44-1-1, §44-1-6 and §44-1-14a of said code; to amend said code by adding thereto a new section, designated §44-1-4a; and to amend and reenact §44-2-1 of said code, all relating to decedents and their estates generally; creating the "Small Estate Probate Relief Act of 2004"; providing record notice of death; permitting personal representatives to qualify without appearing personally; eliminating administration of small uncontested estates of one hundred thousand dollars or less in assets exclusive of real estate assets; modifying the time of publication of notice of the filing of an appraisement; modifying the contents of notice of probate of estates; allowing estates having a value of one hundred thousand dollars to be probated without reference to a fiduciary commissioner; permitting county commissions to promulgate fees for fiduciary commissioners; and standardizing certain provisions governing probate which relate to fiduciary supervisors and county clerks.
     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. 4033, Authorizing the issuance of new parkway revenue bonds.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Boley, Harrison and Smith--3.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4033) 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. 4043, Establishing the priority for early childhood education in the basic skills of reading, mathematics and English language arts.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--31.
     The nays were: Minear, Smith and Weeks--3.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4043) passed.
     The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 4043--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §2-1-3 and §18-2E-3f, all relating to designating English as the official language of the state; establishing the priority for early childhood education in the basic skills of reading, mathematics and English language arts; making certain findings; stating intent and purpose; limiting scope of statewide assessments in early childhood; and requiring state board rule.
     On motion of Senator Sprouse, the Senate reconsidered the vote as to the title amendment and passage of
     Eng. Com. Sub. for House Bill No. 4043, Establishing the priority for early childhood education in the basic skills of reading, mathematics and English language arts.
     The vote thereon having been reconsidered,
     The question again being on the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: McCabe, Minear and Rowe--3.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4043) passed.
     The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 4043--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §2-1-3 and §18-2E-3f, all relating to designating English as the official language of the state; establishing the priority for early childhood education in the basic skills of reading, mathematics and English language arts; making certain findings; stating intent and purpose; limiting scope of statewide assessments in early childhood; and requiring state board rule.
     Senator Chafin moved that the bill take effect July 1, 2004.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: McCabe, Minear and Rowe--3.
     Absent: None.
     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. 4043) takes effect July 1, 2004.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 4217, Authorizing the department of tax and revenue to promulgate legislative rules.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
     The nays were: Harrison, Rowe, Smith and Weeks--4.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4217) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
     The nays were: Harrison, Rowe, Smith and Weeks--4.
     Absent: None.
     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. 4217) 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. 4250, Providing good faith protection for licensed psychologists and psychiatrists acting upon appointment by a court in child custody cases.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4250) 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. 4250--A Bill to amend the code of West Virginia, 1931, as amended by adding thereto a new section, designated §55-7-21, relating to legal actions against psychologists and psychiatrists appointed by a court to provide expert testimony for child custody evaluations; providing standard for good faith; barring of anonymous administrative complaints; providing method for assigning costs of proceedings; and awarding of attorneys fees.
     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. 4271, Requiring all schools to permit students to self-administer asthma medication.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4271) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2004.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4271) 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. 4280, Making available to retired participants in PEIA the optional dental, vision, and audiology and hearing-aid services insurance plans that are available to current participants.
     Having been read a third time on yesterday, Wednesday, March 10, 2004, and now coming up in regular order, was reported by the Clerk.
     The question being "Shall Engrossed House Bill No. 4280 pass?"
     Pending discussion,
     Senator Hunter moved that the bill be rereferred to the Committee on Finance.
     The question being on the adoption of Senator Hunter's aforestated motion, the same was put.
     The result of the voice vote being inconclusive, Senator Sharpe demanded a division of the vote.
     A standing vote being taken, there were twenty-one "yeas" and eleven "nays".
     Whereupon, the President declared Senator Hunter's aforestated motion had prevailed.
     Thereafter, Engrossed House Bill No. 4280 was rereferred to the Committee on Finance.
     At the request of Senator Plymale, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
     The Senate again proceeded to the ninth order of business.
     Eng. Com. Sub. for House Bill No. 4291, Continuing education requirements for licensed healthcare professionals on the subject of end-of-life care training.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4291) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 4294, Removing the requirement that funds expended from the worthless check fund to pay for additional deputy clerks be proportionate to the time expended on worthless check cases
.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4294) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 4297, Clarifying that the county board of education and its superintendent may designate the places where competency testing for service personnel will be held.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Smith--1.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4297) 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. 4304, Continuing the children's health insurance board.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4304) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 4338, Providing for the issuance of special registration plates promoting education and using the special fee for the registration plates to fund transportation for school trips for academic purposes.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4338) passed.
     The following amendment to the title of the bill, from the Committee on Transportation, 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. 4338--A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to registration plates; providing registration plates for promoting education; Fairmont state college; West Virginia farmers; native Americans; member of the 82nd airborne association; survivors of wounds received in the line of duty as law-enforcement members; Knights of Pythias or Pythian sisters; whitewater rafting; setting fees; exemptions from fees; extending the time period for certain organizations to achieve the minimum number of applicants for a registration plate; and expanding the number of registration plates certain persons may obtain.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4350, Continuing the West Virginia state police.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4350) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 4357, Permitting municipalities to impose an alternative one percent municipal sales and service tax in the municipality in lieu of imposing the business and occupation tax currently permitted by law.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--28.
     The nays were: Boley, Guills, Harrison, Oliverio, Smith and Weeks--6.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4357) passed.
     The following amendment to the title of the bill, from the Committee on Finance, 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. 4357--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5, §8-13C-5a, §8-13C-6, §8-13C-7, §8-13C-8, §8-13C-9, §8-13C-10, §8-13C-11, §8-13C-12 and §8-13C-13; to amend and reenact §11-9-2, §11-9-3, §11-9-4, §11-9-5, §11-9-6, §11-9-8 and §11-9-10 of said code; and to amend and reenact §11-10-3 of said code, all relating to authorizing a qualifying municipality to impose municipal occupational tax, an alternative municipal sales and service tax and use tax and a pension relief municipal sales and service tax and use tax; establishing responsibilities of tax commissioner relating to the tax; clarifying application of other state tax laws; creating qualifying municipal sales and service tax and use tax fund; providing that tax rate applies to purchases from printed catalogs; limiting use of certain proceeds of the taxes to application toward the unfunded liability of certain pensions; citing instances where qualifying municipalities lose certain taxing authority; addressing conflicts and unconstitutionality; requiring a study by the chief technology officer on the cost of implementing municipal taxes; imposing criminal penalties for certain violations relating to municipal tax; and applying tax procedure and administration act to municipal taxes.
     Senator Chafin moved that the bill take effect July 1, 2004.
     On this question, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--28.
     The nays were: Boley, Guills, Harrison, Oliverio, Smith and Weeks--6.
     Absent: None.
     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. 4357) 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. 4371, Extending the pilot program for the uninsured and underinsured.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4371) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4371) 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. 4412, Requiring the children's health insurance board to submit a modification of its benefit plan.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4412) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4415, Giving the state auditor flexibility in determining when to conduct audits on local government offices.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4415) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 4433, Creating the crime of abuse and neglect of an elderly person and the crime of misuse or misappropriation of the funds or assets of an elderly person.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4433) 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. 4433--A Bill to amend and reenact §61-2-29 of the code of West Virginia, 1931, as amended, relating to abuse or neglect of an incapacitated adult; adding the crimes of abuse and neglect of an elder person age sixty-five years or older and the crime of misuse and misappropriation of the funds or assets of an elder person; and creating the crime of misuse or misappropriation of the funds or assets of an elder person through deception, intimidation, coercion, the infliction of bodily injury or the threat of bodily injury; and penalties.
     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. 4450, Permitting the sale of timber severed in a state park incidental to construction activities.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4450) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 4455, Extending the term of the waste tire remediation funds.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.

     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4455) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4478, Lengthening the time period which county boards are required to publish a year-end financial statement.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4478) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2004.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4478) takes effect July 1, 2004.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4479, Continuing the department of health and human resources.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--32.
     The nays were: Smith and Weeks--2.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4479) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 4492, Creating the criminal offense of soliciting a minor via computer.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4492) 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. 4492--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3C-14b, relating to creating the criminal offense of soliciting certain minors or one believed to be a minor via computer to commit violations of certain criminal laws; and providing penalties.
     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. 4517, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4517) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4517) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4530, Continuing the meat and poultry inspection program.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4530) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4546, Supplemental appropriation to the department of health and human resources, family protection services board, domestic violence legal services fund.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4546) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4546) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4547, Supplemental appropriation to the bureau of commerce, division of miners' health, safety and training.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4547) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4547) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4548, Supplemental appropriation to the department of transportation, division of motor vehicles, driver's license reinstatement fund.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4548) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4548) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4549, Supplemental appropriation to the bureau of commerce, division of labor, elevator safety act.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4549) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4549) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4550, Supplemental appropriation to the department of health and human resources, division of health, central office.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--32.
     The nays were: Smith and Weeks--2.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4550) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--32.
     The nays were: Smith and Weeks--2.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4550) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4551, Supplemental appropriation to the department of health and human resources, division of human services.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--32.
     The nays were: Smith and Weeks--2.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4551) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--32.
     The nays were: Smith and Weeks--2.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4551) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4559, Providing urban mass transportation authorities expanded competitive procurement procedures for the purchase of supplies, equipment and materials.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4559) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 4582, Limiting the division of labor elevator inspectors to inspection of elevators in state owned buildings.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4582) 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. 4624, Relating generally to tax increment financing.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Harrison--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4624) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Harrison--1.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4624) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4658, Relating to defense of self, others and property and providing limited immunity from civil liability.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4658) 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. House Bill No. 4658--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-21, relating to defense of property; providing limited immunity from civil liability; and exceptions.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4669, Providing for establishment of special five-year demonstration professional development school project.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Boley--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4669) passed.
     On motion of Senator Chafin, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. House Bill No. 4669--A Bill
to amend and reenact §18-2-35 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-2E-3f, all relating to providing quality education in public schools; requiring school uniforms for students; requiring establishment of special five-year demonstration professional development school project; making certain findings; providing certain powers and duties of state superintendent with respect to project; requiring reports; and excluding requirement of specific appropriations.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Boley--1.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4669) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 4737, Providing options for members of teachers retirement to make contributions for periods of temporary total disability.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4737) 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. 4745, Relating to administration of repairs to vehicles and equipment by the division of highways.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4745) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     At the request of Senator Jenkins, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 5 p.m. today.