__________*__________
Wednesday, February 5, 2003
The House of Delegates met at 11:00 a.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 Tuesday, February 4, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to grant privileges
of the floor to students of the West Virginia School for the Deaf and Blind of Romney, present for
the purpose of making a musical presentation to the House.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. R. 12, Amending the rules of the House of Delegates, relating to compelling a standing
committee to take up and report out a bill,
And reports the same back with the recommendation that it be rejected.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. C. R. 15, Naming the bridge located between Lillyhaven and Lillydale in Wyoming
County, West Virginia, the "Roger Gene Craig Bridge",
H. C. R. 16, Renaming the entire portion of the West Virginia King Coal Highway, the
intersection of I-73/74 and the Coalfield Expressway and the intersection of I-73/74 and Route 123,
And,
H. C. R. 23, Naming the new bridge on Moran Avenue approaching downtown Mullens,
Wyoming County, the "Ray Toler Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2056, Creating the Great Family Literacy Act and establishing voluntary checkoff on
state income tax returns to help fund the program,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2056) was referred to
the Committee on Finance.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B 2083, Expanding personnel covered by job sharing in the public school system,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2083) was referred to
the Committee on Finance.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2268, Teachers and substitute teachers as professional educators and addressing the
critical need and shortage thereof,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2597, Contractor licensing board, West Virginia Contractor Licensing Act,
H. B. 2659, Real estate licensing and certification board, requirements for licensure and
certification,
And,
H. B. 2582, Real estate appraiser licensing and certification board, renewal of licensure or
certification,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2597, H. B. 2659, and
H. B. 2582) were each referred to the Committee on the Judiciary.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2008, Providing good-faith background checks for law-enforcement personnel,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2008 - "A Bill to amend article twenty-nine, chapter thirty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new
section, designated section eleven, relating to providing law-enforcement employers civil immunity
for disclosure of information regarding former law-enforcement officers; providing that information
provided is presumed to be in good faith; and providing criteria for overcoming presumption,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2008) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 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 it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2771) was referred to
the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2802, Providing for a legal description in deeds creating an easement of right-of-way,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2802) will be placed on the Consent
Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 100 - "A Bill to amend and reenact section four, article twenty-seven, chapter thirty of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to renewal
of licenses of barbers, beauticians and manicurists; reinstatement of inactive licenses; and providing that continuing education is not a requirement for renewal of a license for barbers, beauticians or
manicurists"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 415 - "A Bill to amend and reenact section five, article three, chapter twenty-two-b of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
continuation of the environmental quality board"; which was referred to the Committee on
Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 416 - "A Bill to amend and reenact section twelve, article thirty-seven, chapter thirty
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
continuation of the massage therapy licensure board"; which was referred to the Committee on
Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 417 - "A Bill to amend and reenact section twelve, article fourteen, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation
of the West Virginia commission for the deaf and hard-of-hearing"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 418 - "A Bill to amend and reenact section twenty, article six, chapter twelve of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation
of the West Virginia investment management board"; which was referred to the Committee on
Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 419 - "A Bill to amend and reenact section eleven, article one-d, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation
of the governor's office of fiscal risk analysis and management"; which was referred to the
Committee on Government Organization.
Resolutions Introduced
Delegates Shaver, Perry, Stemple, Swartzmiller, Varner, Beach and Williams offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 27 - "Requesting the Joint Committee on Government and Finance study the impact
of the diminishing tax base and loss of revenue that occurs when federal and state parks and forests
located within the state geographically expand and also explore alternative sources of revenue that
local governments may look toward when private lands are converted to public lands within the boundaries of parks and forests."
Whereas, When federal and state parks and forests expand their boundaries to include
former private lands within their boundaries, counties and local governments lose tax revenue
associated with property taxes and other taxes previously imposed while the property was held
privately; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
impact of the diminishing tax base and loss of revenue that occurs when federal and state parks and
forests located within the state geographically expand and to also explore alternative sources of
revenue that local governments may look toward when private lands are converted to public lands
within the boundaries of parks and forests; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to 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. 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"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2867 - "A Bill to amend article twenty-two, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section eighteen-c, relating to transfers of unappropriated net profit between state lottery
fund and state excess lottery fund"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2868 - "A Bill to amend article two, chapter sixty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
twenty-two, relating generally to powers of alcohol beverage control commissioner; and allowing
commissioner to enter into contracts for sale and promotion of certain proprietary scanner
technology"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2869 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-c,
relating to creation and development of an automated tax administration system, and funding thereof, setting forth legislative finding, specifying short title and purpose, authorizing benefits funded
automated tax administration system purchasing program, authorizing benefits funding of the
automated tax administration system and payment of costs and compensation on the basis of a
percentage of the increase in the amount of taxes, interest and penalties collected which is
attributable to implementation of the automated tax administration system, as may be described in
detail by contract or on a fixed fee contract basis, such fees to be paid from the increase in the
amount of taxes, interest and penalties collected which is attributable to implementation of the
automated tax administration system, as may be described in detail by contract , requiring the tax
commissioner to make an annual determination of increased revenue attributable to implementation
of the automated tax administration system, specifying deposit of monies and treatment of local and
municipal monies, creating automated tax administration system development fund, specifying uses
of monies in the automated tax administration system development fund and operation of automated
tax administration system development fund, specifying an annual report and specifying other
contracts and purchases are not prohibited or hindered by the article"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2870 - "A Bill to amend and reenact section one, article two, chapter twenty-four of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend
said article by adding thereto a new section, designated section eleven-c, all relating to specifying
the jurisdiction of the public service commission over, and the application of said chapter twenty-
four to, owners or operators of, and persons, corporations or other entities that intend to construct
or construct and operate, certain described electric generating facilities, the output of which is not sold directly to retail customers in West Virginia; and requiring persons, corporations and other
entities that intend to construct or construct and operate such electric generating facilities, or that
intend to make or construct a material modification thereof, to obtain from the public service
commission a siting certificate, in lieu of a certificate of public convenience and necessity, for each
such facility or material modification thereof pursuant and subject to certain new provisions and
requirements which, among other things, allow the public service commission, under specified
circumstances, to seek the imposition of civil or criminal penalties, or both such civil and criminal
penalties"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Varner, Cann, Kominar, Stemple and
Michael:
H. B. 2871 - "A Bill to amend and reenact sections four, five and seven, article five-a,
chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to clarifying the members of the state emergency response commission and the local
emergency planning committees and increasing the cap on the inventory form fee"; to the Committee
on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Kominar, Amores, Trump and
Armstead:
H. B. 2872 - "A Bill to repeal section thirteen, article seven, chapter fifty-five of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend said article seven
by adding thereto three new sections, designated sections thirteen-a, thirteen-b and thirteen-c, all
relating to comparative fault, abolishing joint liability, providing that damages be allocated to any
defendant held liable in direct proportion to that defendant's percentage of fault, and providing for method of assessing fault of the parties"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates
Browning, Staton, Kominar, Amores, Beane
and Walters:
H. B. 2873 - "A Bill to amend chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-d,
relating to establishment of the public-private transportation act of two thousand three; setting forth
legislative findings and purposes; setting forth definitions; providing prerequisites for development
of a transportation facility; providing for the creation of a public-private transportation oversight
committee and its membership; setting forth the powers and duties of the committee; providing for
the submission of proposals and for approval by the committee; providing for service contracts;
providing for the dedication of public property; setting forth the powers and duties of a developer;
requiring a comprehensive agreement; providing for federal, state and local assistance; addressing
material default and remedies; prohibiting governmental entities from pledging full faith and credit;
providing for the exercise of condemnation; addressing utility crossings; addressing dedication of
assets; providing for an exemption from purchasing rules; addressing severability; qualifying
transportation facilities as public improvements; setting forth a termination date; and addressing
construction"; to the Committee on Government Organization then Finance.
By Delegates Beane (By Request) and Azinger:
H. B. 2874 - "A Bill to amend and reenact section thirteen, article two, chapter eleven-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing
the amount the sheriff may charge for the costs of preparing, publishing and posting the delinquent
tax lists to twenty dollars from ten dollars plus the actual cost of the Class I-O legal advertisement"; to the Committee on Political Subdivisions then Finance.
By Delegates Manuel, Caputo, R. Thompson, Webster, Hrutkay, Kuhn and Marin:
H. B. 2875 - "A Bill to amend and reenact section thirteen, article sixteen, chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public
employees insurance generally; and eliminating a certain gap in employment for employees subject
to a reduction in force and who are re-employed"; to the Committee on Pensions and Retirement then
Finance.
By Delegates Overington, Carmichael, Walters, Calvert, Louisos, Azinger and Sumner:
H. B. 2876 - "A Bill to amend and reenact section twenty-one, article six, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing that all persons have the right to be free from violence without regard to the motivation
behind the violence"; to the Committee on the Judiciary.
By Delegates Perdue, R. Thompson, Carmichael and Kominar:
H. B. 2877 - "A Bill to amend article three, chapter twenty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section nine, relating to prohibiting termination or refusal of reinstatement of electric or
gas service during certain months"; to the Committee on the Judiciary then Finance.
By Delegates Webster, Brown, Walters, Amores, Caputo and Smirl:
H. B. 2878 - "A Bill to amend article fifteen, chapter eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated twenty-a,
relating to civil service for municipal firefighters generally; allowing certain municipalities providing
advanced life support ambulance services to examine, train and employ fire medics; and requiring fire medics to maintain a paramedic license and complete all required fire service training as
necessary to qualify as both a certified firefighter and a licensed paramedic"; to the Committee on
Political Subdivisions then the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Government
Organization and reported by unanimous consent of the Committee, with the recommendation that
it do pass), which was read by its title, as follows:
By Delegates Beane, Kuhn, Manuel, Martin, Yost, Leggett and Frich:
H. B. 2879 - "A Bill to amend and reenact section four, article twenty-eight, chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
continuation of the West Virginia commission on holocaust education."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2879) will be placed on the Consent
Calendar.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2704, Relating to the supervision and return of juvenile offenders,
runaways and other juveniles,
Com. Sub. for H. B. 2781, Relating to the transfer, retirement or disposal of state police
canines,
H. B. 2829, Continuing the division of culture and history,
And,
H. B. 2830, Continuing the division of natural resources.
On the passage of the bills, the yeas and nays were taken (Roll No. 32), and there were--yeas
97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Faircloth and Shelton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for H. B. 2704, Com. Sub. for H. B. 2781, H. B. 2829 and H. B. 2830)
passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2705, Relating to the supervision of adult offenders and authorizing
a compact for the supervision of adult offenders,
And,
H. B. 2864, Continuing the office of explosives and blasting.
The Clerk announced that, pursuant to House Rule 70a, Delegate Michael had requested
Com. Sub. for H. B. 2705 be removed from the Consent Calendar and be placed upon the House
Calendar.
House Calendar
Third Reading
H. B. 2831, Continuing the records management and preservation board; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 33),
and there were - yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Walters.
Absent And Not Voting: Coleman, Faircloth and Shelton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2831) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 12:08 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Thursday, February 6, 2003.