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Thursday, June 12, 2003
The House of Delegates met at 5:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The roll being called (Roll No. 750), and 95 members having answered to their names, the
Speaker declared the presence of a quorum.
The Clerk proceeded to read the Journal of Wednesday, June 11, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title as follows:
S. C. R. 201 - "Memorializing the life of Specialist George A. Mitchell, Jr., an American
hero who was killed in action on April 7, 2003, while serving in Operation Iraqi Freedom."
Whereas, George A. Mitchell, Jr., of Antioch, Mineral County, was born May 20, 1967, in
Lebanon, Pennsylvania, the son of George A. Mitchell, Sr., and Cynthia F. (Kriser) Mitchell; and
Whereas, George A. Mitchell, Jr., graduated from Lebanon High School in 1985; and
Whereas, As a member of the United States Army Reserve Command, George A. Mitchell,
Jr., served his nation with pride and distinction in Operation Desert Storm in 1991; and
Whereas, George A. Mitchell, Jr., reenlisted in May, 2002, as part of the 3rd Infantry
Division, 2nd Brigade Combat Team which is based at Fort Stewart, Georgia, and subsequently was
sent to Kuwait; and
Whereas, During his distinguished military career, SPC George A. Mitchell, Jr., received
numerous awards and citations. The Bronze Star and Purple Heart were awarded posthumously for
his service in Iraq; and
Whereas, SPC George A. Mitchell, Jr., paid the ultimate price when he was killed in action
on April 7, 2003, during Operation Iraqi Freedom. His dedication and commitment to serving his
nation should not be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby memorializes the life of Specialist George A. Mitchell, Jr., an
American hero who was killed in action on April 7, 2003, during Operation Iraqi Freedom; and, be
it
Further Resolved, That the Legislature hereby expresses its heartfelt sympathy to the family
of SPC George A. Mitchell, Jr., which includes his parents; wife Brenda Sue (Purinton) Mitchell;
children Bailee, Josh and Christopher Mitchell and stepson Jeff Greco; brother David Mitchell; half-
brother Gabriel Mitchell; stepbrother Joe Mitchell; and father-in-law and mother-in-law Edward and
Levonna Purinton; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of SPC George A. Mitchell, Jr.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (S.
C. R. 201) to a committee was dispensed with.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title as follows:
S. C. R. 202 - "Recognizing the courage and endurance of Private First Class Jessica Lynch
as an American prisoner of war during Operation Iraqi Freedom."
Whereas, Jessica Lynch of Palestine, West Virginia, the daughter of Gregory and Deadra
Lynch, is a graduate of Wirt County High School; and
Whereas, Jessica Lynch, who has dreams of becoming a teacher, joined the United States
Army soon after graduation; and
Whereas, PFC Jessica Lynch is based at Fort Bliss, Texas, the home of the 507th Ordnance
Maintenance Company; and
Whereas, In February, 2003, the 507th Ordnance Maintenance Company was deployed with
the 11th Air Defense Artillery Brigade to serve in Operation Iraqi Freedom; and
Whereas, On March 23, 2003, PFC Jessica Lynch and other members of the 507th
Ordnance Maintenance Company were ambushed after taking a wrong turn while traveling in a
convoy near Nasiriyah, Iraq; and
Whereas, While five of the members of the missing 507th Ordnance Maintenance Company
were displayed on television by the Iraqi government, the status of PFC Jessica Lynch and nine others was unknown. Listed as missing in action, the Lynch family, her community and the entire
State of West Virginia shared agonizing concern for her safety and well-being; and
Whereas, On April 1, 2003, news of the rescue of PFC Jessica Lynch by coalition special
operations forces from an Iraqi hospital spread around the world and into the hearts of millions; and
Whereas, The town of Palestine, Wirt County and all of West Virginia celebrated at the
news of the recuse of one of their own; and
Whereas, Sadly, it was learned that the nine missing members of the 507th Ordnance
Maintenance Company did not survive the ambush and paid the ultimate price for freedom with their
lives; and
Whereas, On April 13, 2003, the five members of the 507th Ordnance Maintenance
Company who were displayed on television as prisoners of war by the Iraqi government, along with
two other American POWs, were found by U. S. forces and safely returned to coalition-controlled
territory; and
Whereas, As PFC Jessica Lynch recovers from wounds received in Iraq, all of West
Virginia follows her recuperation and prays for her continued recovery and subsequent return to
West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes the courage and endurance of Private First Class
Jessica Lynch as an American prisoner of war during Operation Iraqi Freedom; and, be it
Further Resolved, That the Legislature, along with a grateful nation, celebrates the safe return
of PFC Jessica Lynch from those who held her captive in Iraq; and, be it
Further Resolved, That the Legislature expresses its heartfelt best wishes for the speedy recovery of PFC Jessica Lynch, a dedicated American who has distinguished herself in service to her
nation; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to PFC Jessica Lynch and her proud parents, Gregory and Deadra Lynch of Palestine,
West Virginia.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (S.
C. R. 202) to a committee was dispensed with.
House Calendar
Second Reading
S. B. 2001, Providing for executive appointment of members of pension bond review
committee; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Staton, the bill was amended on page three, section four, line
nineteen, following the word "four", by striking out the word "six" and inserting in lieu thereof the
word "four".
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 747), and there were--yeas 87, nays
8, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Ashley, Blair, Caruth, Duke, Frich, Louisos, Overington and Schoen.
Absent And Not Voting: Hatfield, Iaquinta, Schadler, Shelton and Walters.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 748),
and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Armstead, Ashley, Carmichael, Frich and Schoen.
Absent And Not Voting: Hatfield, Iaquinta, Schadler, Shelton and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 2001) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 749), and there were--yeas 91, nays
4, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Frich and Webb.
Absent And Not Voting: Hatfield, Iaquinta, Schadler, Shelton and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 2001) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 201, Providing for executive appointment of members of the pension bond review
committee; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid
upon the table.
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 206, Continuing the equal pay commission,
H. B. 207, Updating fee structure provisions for certain broker-dealers and agents,
And,
H. B. 209, Continuing the funding of the Hatfield-McCoy recreation authority projects.
The following bills on second reading, coming up in regular order, were each read a second
time, advanced to third reading and the rule was suspended to permit the offering and consideration
of amendments on that reading:
H. B. 210, Supplemental appropriation to various departments in the governor's office,
H. B. 211, Supplementary appropriation in the state fund, general revenue, to the department
of military affairs and public safety,
H. B. 212, Expiring funds to the unappropriated surplus balance in the state fund, general
revenue,
H. B. 213, Supplementary appropriation of public moneys out of moneys remaining as an
unappropriated balance in the state fund, general revenue, to the department of education,
H. B. 214, Expiring funds from the division of banking - assessment and examination fund
to the department of tax and revenue - tax division,
H. B. 215, Supplementary appropriation to the higher education policy commission,
H. B. 216, Supplementary appropriation to the department of military affairs and public
safety - division of veterans affairs - veterans' home,
H. B. 217, Supplementary appropriation to a new item of appropriation designated to the
board of pharmacy,
H. B. 218, Supplementary appropriation to a new item of appropriation designated to the
department of military affairs and public safety - division of veterans affairs,
And,
H. B. 219, Supplementary appropriation to a new item of appropriation designated to the
governor's office - jobs and growth tax relief reconciliation act of 2003.
H. B. 220, Relating generally to creation and administration of economic opportunity districts
by county commissions and Class I and II municipalities; on second reading, coming up in regular
order, was read a second time.
Delegate Michael offered the following amendment:
On page three, section two, line twenty-two, following the word "Delegates", by inserting
a colon and the words "Provided, That on and after the effective date of the amendments to this
section in the year two thousand three, this subdivision shall be of no force or effect and the term of
the member previously appointed pursuant to this subdivision shall expire" followed by a semicolon.
On page four, section two, line six, following the word "council" and the colon, by striking
out the proviso.
And,
On page eighty-one, section thirty-five, line thirteen, following the word "in", by striking out
the rest of the sentence and inserting in lieu thereof the words "subdivision (3) of this subsection".
At the request of Delegate Staton, and by unanimous consent, the bill was advanced to third
reading with the amendment pending, and the rule was suspended to permit the offering and
consideration of amendments on that reading.
H. B. 221, Increasing certain fees and dedicating those increases to the Courthouse Facilities
Improvement Fund and to provide legal services for domestic violence victims; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
And,
H. B. 222, Creating processes and procedures allowing agencies, counties and their
instrumentalities to enter into performance-based contracts with qualified providers of energy
conservation measures; on second reading, coming up in regular order, was read a second time,
advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates
Hatfield, Iaquinta, Schadler, Shelton and Walters.
At 6:16 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m.,
Friday, June 13, 2003.