Upon the expiration of the recess, the Senate reconvened and
proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 5:50 p.m. today:
Eng. Com. Sub. for House Bill No. 2122, Relating to medical
professional liability generally.
Without objection, the Senate returned to the third order of
business.
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. 2866--A Bill to amend and reenact sections
one and two, article seventeen-a, chapter seventeen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to construction financing for surface transportation
improvements through federal grant anticipation notes.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 83--Extending the Committee of
Conference relating to consideration of Com. Sub. for H. B. 2120,
relating to workers' compensation generally.
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of the Senate
and House of Delegates, the Committee of Conference is hereby
extended for a period of three days, until March 7, 2003, for the
express purpose of consideration of matters of disagreement between
the two houses as to Com. Sub. for H. B. 2120.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate again proceeded 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 4th day of March, 2003, 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:
(S. B. No. 165), Continuing commission for national and
community service.
(S. B. No. 182),
Meeting federal standards for certain child
passenger seats and safety devices.
(S. B. No. 416), Continuing massage therapy licensure board.
And,
(S. B. No. 418), Continuing investment management board.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 661 (originating in the Committee on Finance)-
-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 three, to the department of health and human
resources - division of health - maternal and child health, fund
8750, fiscal year 2003, organization 0506, all supplementing and
amending the appropriation for the fiscal year ending the thirtieth
day of June, two thousand three.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 661) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator 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. 10, Requesting Joint
Committee on Government and Finance continue study on county and
municipal land-use planning.
Senate Concurrent Resolution No. 32, Requesting Joint
Committee on Government and Finance study Medicaid Waiver Program.
Senate Concurrent Resolution No. 37, Requesting Joint
Committee on Government and Finance study single hunting, fishing
and trapping license.
Senate Concurrent Resolution No. 38, Requesting Joint
Committee on Government and Finance study annexation laws.
Senate Concurrent Resolution No. 42, Requesting Joint
Committee on Government and Finance study retirement programs for certain employees.
Senate Concurrent Resolution No. 46, Requesting Joint
Committee on Government and Finance study various rules and
policies of Office of Surface Mining Reclamation and Enforcement.
Senate Concurrent Resolution No. 50, Requesting Joint
Committee on Government and Finance study hospital overtime
policies.
House Concurrent Resolution No. 37, Requesting a study of
planning for the safe evacuation from the state capitol complex of
people with disabilities.
House Concurrent Resolution No. 47, Requesting a study on the
powers, duties and functions of the governor's cabinet on children
and families.
And,
House Concurrent Resolution No. 49, Requesting a study on the
costs and benefits associated with West Virginia's deer population.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
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. 44, Requesting Division of
Highways name Harper Road Bridge at Beckley "Lewis N. McManus,
statesman and Speaker of the House of Delegates, Memorial Bridge".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 44 (originating
in the Committee on Transportation)--
Requesting the Division of
Highways name the Harper Road Bridge spanning I-64/I-77 at Beckley
the "Lewis N. McManus - Statesman and Speaker of the House of
Delegates - Memorial Bridge" and the adjoining interchange at
Milepost 44, I-77, commonly known as the Harper Road Interchange,
as the "Lewis N. McManus - Statesman and Speaker of the House of
Delegates - Memorial Interchange"
.
Whereas, Lewis N. McManus, former Speaker of the House of
Delegates, was an exemplary public servant, outstanding citizen,
gentleman and statesman of the highest caliber; and
Whereas, Lewis N. McManus, who passed away December 18, 2002,
at the age of seventy-three, was a positive and compassionate voice
in state politics, not only as Speaker of the House of Delegates,
where he served with honor and distinction for nearly six years
during the 1970s, but in all endeavors that he undertook, whether
in public or private life; and
Whereas, Lewis N. McManus, a native of Raleigh County, also
served as President of the University of Charleston, as Associate Vice President at Charles Ryan and Associates, as an assistant to
the President of West Virginia University and as a commentator for
West Virginia Public Radio; and
Whereas, Lewis N. McManus was a rare political figure who had
the unique ability to transcend politics in order to promote the
best interests of the citizens of this state. He was truly a
statesman of the highest character and intellect; and
Whereas, Lewis N. McManus left a proud legacy to the citizens
of this state as a statesman, public servant and private citizen;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the Harper Road Bridge spanning I-64/I-77 at Beckley the
"Lewis N. McManus - Statesman and Speaker of the House of Delegates
- Memorial Bridge" and the adjoining interchange at Milepost 44, I-
77, commonly known as the Harper Road Interchange, the "Lewis N.
McManus - Statesman and Speaker of the House of Delegates -
Memorial Interchange"
; and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at the entry way of each end
of the bridge with a prominent and legible inscription stating the
following: "Lewis N. McManus - Statesman and Speaker of the House
of Delegates - Memorial Bridge"; and the Division of Highways is
requested
to erect appropriate signage at the entry ways of the adjoining interchange at Milepost 44, Interstate 77, commonly known
as the Harper Road Interchange, with a prominent and legible
inscription stating the following:
"Lewis N. McManus - Statesman
and Speaker of the House of Delegates - Memorial Interchange"
;
and,
be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the University of
Charleston, Charles Ryan and Associates, West Virginia University,
the West Virginia Public Broadcasting Corporation, the Raleigh
County Commission and the family of Lewis N. McManus.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2051, Expanding the
eligibility of part-time students for higher education adult
part-time student grants.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2051) contained in
the preceding report from the Committee on Education was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Education pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 2480, Increasing the amount
of penalties the commissioner of banking may obtain and allowing
the commissioner to expend funds to promote consumer awareness of
issues related to residential mortgage lending.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2480) contained in
the preceding report from the Committee on Banking and Insurance
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2534, Eliminating the property value limit
on the application of the tax.
And,
Eng. House Bill No. 2771, Repealing exemptions from gasoline
and special fuels excise tax for bulk sales to interstate motor
carriers.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bills (Eng. H. B. Nos. 2534 and 2771) contained in the
preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2556, Requiring the
insurance commissioner to issue an annual communication to increase
awareness of certain flood insurance issues.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2003;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2556) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a second time and ordered to third
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2599, Authorizing the department of education and the arts to promulgate legislative
rules.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2599) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2648, Authorizing the
department of transportation to promulgate legislative rules.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2648) contained in the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2694, Protecting the
beekeeping industry.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2694) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 2714, Relating to the
donation of firefighting and fire rescue equipment and insurance policies dealing with immunity coverage provisions.
And,
Eng. House Bill No. 3088, Authorizing the insurance
commissioner to require nonresident excess line brokers to remit
the surcharge on fire and casualty insurance policies.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bills (Eng. Com. Sub. for H. B.
No. 2714 and Eng. H. B. No. 3088) contained in the foregoing report
from the Committee on Banking and Insurance.
At the request of Senator Minard, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 2714 and Eng. H.
B. No. 3088) contained in the preceding report from the Committee
on Banking and Insurance were each taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 2715, Modernizing the
regulation of surplus lines insurers by enactment of the NAIC
nonadmitted insurance model act.
And has amended same.
Eng. House Bill No. 2765, Relating generally to insurance
vending machines.
And has amended same.
Eng. House Bill No. 2921, Providing an exemption for sales and
services provided by licensed mortgage brokers from the consumer
sales and service tax.
And has amended same.
And,
Eng. House Bill No. 3194, Relating to updating fee structure
provisions.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the second committee references of Engrossed Committee Substitute for
House Bill No. 2715 and Engrossed House Bill No. 2765 contained in
the foregoing report from the Committee on Banking and Insurance.
At the request of Senator Minard, and by unanimous consent,
Engrossed Committee Substitute for House Bill No. 2715 and
Engrossed House Bill No. 2765 contained in the preceding report
from the Committee on Banking and Insurance were each taken up for
immediate consideration, read a first time and ordered to second
reading.
At the request of Senator Minard, unanimous consent being
granted, Engrossed House Bill No. 2921 and Engrossed House Bill No.
3194 contained in the preceding report from the Committee on
Banking and Insurance were each taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee references, were then referred
to the Committee on Finance, with amendments from the Committee
on Banking and Insurance pending.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. House Bill No. 2748, Preventing mail order or internet
sales of tobacco products to persons under eighteen years of age.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. H. B. No. 2748) contained in the preceding
report from the Committee on Health and Human Resources was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on the Judiciary, with
amendments from the Committee on Health and Human Resources
pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. House Bill No. 2764, Defining the content of subpoenas
that may be issued by the insurance commissioner.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Eng. H. B. No. 2764) contained in the preceding
report from the Committee on Banking and Insurance was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Banking and Insurance pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2794, Increasing the service fee for
worthless checks.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2794) contained in the preceding
report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2880, Underground storage
tanks registration fees.
And has amended same.
And,
Eng. House Bill No. 3083, Providing that magistrate court may
be temporarily held in various locations throughout the county.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 2880 and Eng. H.
B. No. 3083) contained in the preceding report from the Committee
on the Judiciary were each taken up for immediate consideration,
read a first time, ordered to second reading and, under the
original double committee references, were then referred to the Committee on Finance, with amendments from the Committee on the
Judiciary pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2948, Giving consumers
greater opportunity to successfully obtain discontinuation of
foreclosure sales and other efforts to repossess property.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2948) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3077, Authorizing the tax commissioner to
enter into agreements with the internal revenue service for
offsetting tax refunds against tax liabilities.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 3077) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3117, Requiring contractors
bidding on public works construction projects to submit valid bid
bonds in their proposals and to direct how public bids are
received.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3117) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. House Bill No. 3199, Relating to reduced telephone
service rates for qualified low-income residential consumers.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. H. B. No. 3199) contained in the preceding
report from the Committee on Health and Human Resources was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator 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. 2, Naming the bridge located
at the Huntington Business and Industrial Park in Huntington,
Cabell County, the "James Vincent Owens Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
House Concurrent Resolution 25, Designating November as
"Alzheimer's Awareness Month".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 5, 2003, at 11 a.m.
____________