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Monday, January 27, 2003


     The House of Delegates met at 1:00 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 Clerk proceeded to read the Journal of Friday, January 24, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive

     Mr. Speaker, Mr. Kiss, presented the annual report of the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority, in accordance with section twenty-six, article twenty, chapter thirty-one of the code; which was filed in the Clerk's Office.
     Mr. Speaker, Mr. Kiss, presented the annual report of the State Board of Registration for Professional Engineers of West Virginia, in accordance with section twelve, article one, chapter thirty of the code; which was filed in the Clerk's Office.
     Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Examiners for Speech-Language Pathology and Audiology, in accordance with article thirty-two, chapter thirty of the code; which was filed in the Clerk's Office.
Resolutions Introduced

     Delegates Beane, Kuhn, Brown, Ellem and Leggett offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R 12 - "Requesting the Joint Committee on Government and Finance continue a study of current laws and regulations concerning surveyors in West Virginia and the adequacy of current laws in relation to the powers, duties, techniques and limitations of surveyors."
     Whereas, The techniques, technology and terminology of the surveying industry are constantly evolving; and
     Whereas, Additional methods of attaining education and training in the field of surveying are now being utilized; and
     Whereas, Minimum standards for certain surveys are needed to provide consistency for the protection of consumers of the state; and
     Whereas, Educational requirements for the licensing of surveyors do not reflect the requirements of surrounding states; and
     Whereas, The laws currently regulating surveyors do not provide an adequate framework to allow continued evolution and growth of the industry in West Virginia; and
     Whereas, As a result of the above, there currently exists a need to examine, update, and amend the laws governing the practice of surveying generally; and
     Whereas, Pursuant to HCR 69, adopted during the two thousand two regular session of the Legislature, Interim Subcommittee C of the Joint Standing Committee on Government Organization has studied this topic during the 2002-2003 interim session and has recommended that this subject receive further study during the 2003-2004 interim session; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government Operations is hereby requested to study the laws and regulations concerning surveyors in West Virginia, with specific emphasis on the following areas of inquiry:
     (a) Updating or replacing antiquated language found in laws concerning surveyors in West Virginia;
     (b) Clarifying the specific powers, duties, and limitations of surveyors in West Virginia; and
     (c) Developing minimum standards for certain surveys in order to protect the interests of consumers; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature during the regular session of the Legislature, 2004, 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.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
     By Mr. Speaker, Mr. Kiss, and Delegate Trump
     [By Request of the Executive]:
     
H. B. 2671 - "A Bill to amend article twenty-two, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto three new sections, designated sections nine hundred one, nine hundred two and nine hundred three, all relating to recognizing the adoption of a child from a foreign country; the requirements for filing a petition for recognition of foreign adoption decree in circuit court and setting forth the procedures taken by the court in recognizing the adoption"; to the Committee on the Judiciary.
     By Mr. Speaker, Mr. Kiss (By Request):
     
H. B. 2672 - "A Bill to amend and reenact section one, article ten-d, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend chapter sixteen of said code by adding thereto a new article, designated article five-e, all relating to the consolidated public retirement board; providing that the board administer the emergency medical services retirement system; reflecting the long standing fiduciary obligation of consolidated public retirement board members to the plans they administer; clarifying the personal liability of board members to the retirement plans they administer; clarifying that board members shall discharge their duties in accordance with the law; establishing the emergency medical services retirement system; setting forth definitions; providing effective dates; establishing federal qualification requirements; providing for liberal construction; plan not a substitute for social security; providing for and setting membership standards; setting forth required contributions from members and employers; creating fund and providing for investments; providing for transfer from public employees retirement; setting time limits; setting forth notice requirements and requiring a test case; commencement of benefits; federal law maximum benefit limitations and minimum required distributions; direct rollovers; providing for retirement credited through member's use of accrued annual or sick leave; providing for retirement benefits; setting forth annuity options; providing for refunds in certain circumstances; deferred retirement; forfeitures; awards and benefits for duty related disability and from other causes; physical examinations; termination of disability; prior disability; awards and benefits to surviving spouse; additional death benefits and scholarships for dependent children; burial benefit; prohibiting double death benefits; loans to members; exemption from taxation, garnishment and other process; qualified domestic relation orders; fraud; criminal penalties; repayment; treatment of prior military service; pro rata reduction of annuities; effective date; starting date for benefits; limitation of county liability; and providing for no forfeiture of benefits if system terminates"; to the Committee on Pensions and Retirement then Finance.
     By Mr. Speaker, Mr. Kiss, and Delegates Browning and Staton:
     
H. B. 2673 - "A Bill to amend and reenact section five, article twelve, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section ten-a, article two, chapter eleven-a of said code; and to amend and reenact sections one and six, article one, chapter twenty-two of said code, all relating to required compliance with tax laws of the state; directing the sheriff to send a copy of the published delinquent tax list to the tax commissioner; authorizing the tax commissioner to suspend a business registration certificate for any business that fails to pay real property taxes thirty days after the taxes are published; stating legislative findings regarding environmental protection laws; authorizing secretary of the department of environmental protection to promulgate rules whereby permits may not be granted without a showing that the applicant is in good standing with regard to the state's tax laws"; to the Committee on the Judiciary then Finance.
     By Delegates Amores, Brown, Mahan, Craig and Spencer:
     
H. B. 2674 - "A Bill to amend article twenty-six, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto three new sections, designated sections ten, eleven and twelve, all relating to family resource centers; requiring the governor's cabinet on children and families to develop and implement a pilot plan establishing a system of family resource centers; providing for grants to local centers; and requiring oversight and monitoring"; to the Committee on Government Organization then Finance.
By Delegates Beane, Amores, Campbell, Craig, Mahan, Michael and Webster:

     H. B. 2675 - "A Bill to amend chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-five-f, relating to mandating insurance coverage for certain clinical trials for ordinary costs of covered services"; to the Committee on Banking and Insurance then Finance.
     By Delegates Boggs, Manuel and Poling:
     
H. B. 2676 - "A Bill to amend and reenact section eighteen-b, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article four, chapter eighteen-a of said code by adding thereto a new section, designated section two- b, all relating to requiring rules by the state board regarding the activities of school counselors; providing that the rules set minimum standards for the supervision of counseling services in order to insure uniform quality of counseling services; requiring the rules set minimum annual staff development standards for counselors; and, establishing a state minimum salary supplement for school counselors who hold certification by the national board of certified counselors or who are licensed counselors"; to the Committee on Education then Finance.
By Delegates Browning, Manchin, Paxton, Stemple, R. M. Thompson, Azinger and Smirl:

     
H. B. 2677 - "A Bill to amend the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new chapter, designated chapter twenty-four-f, relating to authorizing the public service commission to regulate transactions between cemeteries and veterans or their survivors concerning fees for setting United States department of veterans' affairs grave markers at the graves of deceased veterans; legislative findings; exemptions; enforcement of orders; judicial review; and designation of the affected cemeteries as outside the purview of utility regulation"; to the Committee on Veterans Affairs and Homeland Security then the Judiciary.
By Delegates Caputo, Coleman, Mahan, Manuel, Webster, Faircloth and Schadler:

     
H. B. 2678 - "A Bill to amend and reenact section ten, article five, and section three, article six of chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing ballot publishing dates before primary and general elections"; to the Committee on the Judiciary.
By Delegates Caputo, Coleman, Mahan, Manuel, Webster, Faircloth and Schadler:

     
H. B. 2679 - "A Bill to amend and reenact section eight, article three, and section six, article six, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing certain counties to count absentee ballots during election period"; to the Committee on the Judiciary.
By Delegates Caputo, Coleman, Mahan, Manuel, Webster, Faircloth and Schadler:

     
H. B. 2680 - "A Bill to amend and reenact section eleven, article three of chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to altering absentee ballot signature requirements"; to the Committee on the Judiciary.
By Delegates Caputo, Coleman, Mahan, Manuel, Webster, Faircloth and Schadler:

     
H. B. 2681 - "A Bill to amend and reenact sections one and three, article three of chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to absentee voting; changing voting dates for early in person voting; providing for emergency early person voting the Monday prior to a Tuesday election; and requiring notice to certain voters of law change"; to the Committee on the Judiciary.
By Delegates Caputo, Coleman, Mahan, Manuel, Webster, Faircloth and Schadler:

     
H. B. 2682 - "A Bill to amend and reenact section twenty-one, article four-a, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to processing certain absentee ballots prior to closure of the polls"; to the Committee on the Judiciary.
By Delegates Caputo, Coleman, Mahan, Manuel, Webster, Faircloth and Schadler:

     
H. B. 2683 - "A Bill to amend and reenact sections one and three, article three of chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to early in person voting of absentee ballots"; to the Committee on the Judiciary.
By Delegates Ennis, Yost, Long, Swartzmiller, Canterbury, Kominar and Tucker:

     
H. B. 2684 - "A Bill to amend and reenact section one, article six, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to speed limits on the roads and highways; and authorizing the commissioner of the department of highways to establish speed limits lower than twenty-five miles per hour"; to the Committee on Roads and Transportation then the Judiciary.
     By Delegate Iaquinta:
     
H. B. 2685 - "A Bill to amend article five-s, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve, relating to establishing a program for reprogramming cellular telephones and distributing to seniors without a cellular phone for making emergency calls"; to the Committee on Government Organization then Finance.
     By Delegate Louisos:
     
H. B. 2686 - "A Bill to amend and reenact section fourteen, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the department of motor vehicles; authorizing the issuance of a free vehicle 'Military Retired' license plate to military retirees; and indicating on the plate the name of the service from which they retired"; to the Committee on Roads and Transportation then Finance.
     By Delegates Mezzatesta, Williams, Stemple and Hrutkay:
     
H. B. 2687 - "A Bill to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-nine- c, relating to the 'prescription drug price reduction act'; providing a short title and designating the purpose of the act; setting forth findings, intent and purpose for the legislation; requirements related to appointments to the prescription drug advisory commission; the calling of the first meeting of the commission; creation of the 'prescription drug price reduction fund'; setting forth purposes of the fund; setting forth sources for the fund to be funded; providing the secretary of health and human resources may transfer moneys from the fund to elderly low-cost drug programs established or maintained in this state; the establishment of and appointment mechanism for, the prescription drug price reduction advisory commission; requiring the department of health and human resources to propose legislative rules designed to establish procedures for determining maximum retail pricing for prescription drugs; requiring determinations by health and human resources regarding prescription drug prices; requiring secretary of health and human resources with advice of commission to establish maximum pricing for prescription drugs; providing for an appeal procedure for retailers of prescription drugs; providing that violations of article constitute violations under West Virginia Unfair Trade Practices Act; establishment of West Virginia Rx program; indicating that program is designed to utilize manufacturer rebates and pharmacy discounts and providing that the state serves as a pharmacy benefit manager under the program and that department of health and human resources administers the program; setting forth program goals; providing for certain definitions; requiring certain drug manufacturers to enter rebate agreements with the state; providing for how rebate amounts are negotiated; requiring participating retail pharmacies to offer discount prices on prescriptions to qualified residents; requiring secretary of health and human resources to establish discounted prices for drugs covered by rebate agreements; requiring board of pharmacy to propose legislative rules requiring disclosure of savings under Rx program; prohibiting department of health and human resources from imposing transaction charges under Rx program; requiring retail pharmacy to submit claims to department to verify amount charged; requiring department to reimburse pharmacies for discounted prices provided to qualified residents; requiring prescription by legislative rules of professional fees; requiring department to collect utilization data; requiring department to protect confidentiality of certain information; providing that the names of nonparticipating manufacturers and labelers are public information and that the department shall impose prior authorization requirements on such nonparticipating entities; providing for a mechanism to resolve rebate amount discrepancies; requiring the department to make an annual summary report; prescribing obligations of the department under the Rx program; authorizing the department to contract with third parties; requiring the department to administer the program and related programs within perimeters designed to reduce costs and enhance efficiency; requiring department to propose rules; authorizing the department to seek waivers; providing that profiteering in prescription drugs is unlawful; providing for a right of action for injuries caused by a violation of this article; providing for civil violations; providing that a violation of this article is an unfair trade violation; authorizing the attorney general to investigate suspected violations; setting forth provisions for entering into agreements with third parties; prohibiting payment to manufacturers that do not enter rebate agreements; setting forth a schedule for rebate agreements; setting forth a participation requirement; and requiring secretary of health and human resources to propose rules for medicaid program requiring additional prior authorization for dispensing drugs from manufacturers and labelers who do not enter into rebate agreements"; to the Committee on Health and Human Resources then Finance.
By Delegates Overington, Carmichael, Hamilton, Louisos, Calvert, Frich and Border:

     H. B. 2688 - "A Bill to amend and reenact section nine, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the consumers sales tax generally and providing for the graduated elimination of the consumer sales tax on food purchased for consumption off the premises"; to the Committee on Finance.
     By Delegates Perry, Shaver, Williams and Stalnaker:
     
H. B. 2689 - "A Bill to amend and reenact section six, article nine-d, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the school building authority and fund; and providing for school building on a cash basis"; to the Committee on Education then Finance.
By Delegates Perry, Shaver, Stemple, Williams, Howard and Pino:

     
H. B. 2690 - "A Bill to amend and reenact section nine-a, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to creating the misdemeanor crime of stalking correctional officers by former inmates; and criminal penalty"; to the Committee on the Judiciary.
     By Delegates Schadler and Pino:
     
H. B. 2691 - "A Bill to amend and reenact section two, article five-o, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing medication administration by unlicenced personnel of nursing homes"; to the Committee on Health and Human Resources then the Judiciary.
     By Delegates Stalnaker, Varner and Beane:
     
H. B. 2692 - "A Bill to amend and reenact section one, article six-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to include boat retailers in the special method for appraising dealer vehicle inventory"; to the Committee on the Judiciary then Finance.
     By Delegates Stemple, Smirl, Faircloth and Amores:
     
H. B. 2693 - "A Bill to amend and reenact sections three and six, article two-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; all relating to DNA sample required for DNA analysis upon conviction; definitions; and requiring DNA samples for certain prisoners"; to the Committee on the Judiciary.
By Delegates Stemple, Boggs, Crosier, Williams, Anderson, Evans and Schoen:

     
H. B. 2694 - "A Bill to repeal sections eight and ten, article thirteen, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections one, two, three, four, five, six, seven and eleven of said article, all relating to apiaries; removing pesticide poisoning and certain violations; adding, deleting and clarifying definitions; authorizing commissioner to seize infected bees and bee equipment; establishing expiration date for certificates of registration; strengthening commissioner's inspection and quarantine powers; clarifying manner of dealing with abandoned apiaries and interstate movement of bees; and modifying penalties"; to the Committee on Agriculture and Natural Resources then the Judiciary.
     By Delegates Stemple, Boggs, Yeager and Williams:
     
H. B. 2695 - "A Bill to amend and reenact sections two, three, four, five, seven, eight, eight- a, thirteen, fifteen, sixteen and eighteen, article fourteen-d, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article fourteen-e of said chapter, all relating to including conservation officers into the deputy sheriff retirement system act"; to the Committee on Pensions and Retirement then Finance.
By Delegates Stemple, Michael, Varner, Stalnaker, Mezzatesta, Shaver and Williams:

     
H. B. 2696 - "A Bill to amend and reenact section four-b, article one, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the authority of the commissioner of agriculture to increase certain fees to cover the costs of certain services and removing certain limitations"; to the Committee on Government Organization then Finance.
     By Delegate R. M. Thompson:
     
H. B. 2697 - "A Bill to amend article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-h, relating to creating an exemption to the consumer sales and service tax for heating fuel and propane gas purchased by small churches"; to the Committee on Finance.
     By Delegates Warner, Border, Boggs and Stalnaker:
     
H. B. 2698 - "A Bill to amend and reenact section five, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to an increase in the annual base salary of all sworn state police personnel by eighteen percent effective on the first day of July, two thousand three"; to the Committee on Finance.
By Delegates Warner, R. M. Thompson, Stalnaker, Border and Boggs:

     
H. B. 2699 - "A Bill to amend and reenact section seven, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing a salary increase for civilian employees of the state police"; to the Committee on Finance.
     By Delegates H. White, Hrutkay and R. M. Thompson:
     
H. B. 2700 - "A Bill to amend and reenact section one, article three-c, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to peer review organization protection and adding to the definition of 'review organization' a health maintenance organization review committee"; to the Committee on Government Organization then the Judiciary.
     By Delegates H. White, Hrutkay and R. M. Thompson:
     
H. B. 2701 - "A Bill to amend article forty-three, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-a, relating to the authority of the commissioner to enter into agreements and compromises"; to the Committee on Banking and Insurance then the Judiciary.
     By Delegates H. White, Hrutkay and R. M. Thompson:
     
H. B. 2702 - "A Bill to amend and reenact section five, article thirty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to tax on premiums collected from risk retention groups"; to the Committee on Banking and Insurance then Finance.
     By Delegates H. White, Hrutkay and R. M. Thompson:
     
H. B. 2703 - "A Bill to amend and reenact sections ten and twelve, article twenty-two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the contingent liability of members of farmers' mutual fire insurance companies; and limiting the amount of risk such companies may undertake"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Staton, Amores, Armstead, Fleischauer, R. Thompson, Webb and Webster:

     
H. B. 2704 - "A Bill to amend chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article eight-a, relating to the supervision and return of juvenile offenders, juvenile runaways and other juveniles; and authorizing and directing the governor to execute a compact for the supervision and return of juvenile offenders, juvenile runaways and other juveniles"; to the Committee on the Judiciary.
By Delegates Staton, Amores, Armstead, Fleischauer, R. Thompson, Webb and Webster:

     
H. B. 2705 - "A Bill to amend chapter twenty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article seven, relating to the supervision of adult offenders; and authorizing and directing the governor to execute a compact for the supervision of adult offenders"; to the Committee on the Judiciary.
Consent Calendar

First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     H. B. 2554, Continuing the marketing and development division of the department of agriculture,
     H. B. 2555, Continuing the West Virginia's membership in the southern regional education compact,
     And,
     H. B. 2670, Continuing the office of judges until July 1, 2009.
House Calendar

First Reading

     
Com. Sub. for H. B. 2203, Relating generally to the requirement of wearing seat belts in automobiles; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     At 1:17 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Tuesday, January 28, 2003.