__________*__________
Wednesday, February 12, 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 11, 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 extend privileges
of the floor to invited guests for a presentation by 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. C. R. 33, Expressing the ideal of the addition of a woman to the State Seal of West
Virginia in recognition of the achievements and endeavors of West Virginia's women,
And reports the same back with the recommendation that it be adopted.
At the request of Delegate Staton, and by unanimous consent, the resolution (H. C. R. 33) was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 2203, Relating generally to the requirement of wearing seat belts in automobiles,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2433, Relating to vocational-technical facility and equipment improvements through
the school building authority,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2433 - "A Bill to amend and reenact sections three, fifteen, sixteen and
nineteen, article nine-d, chapter eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section six, article ten-h of said chapter, all relating
school facilities and related programs for vocational-technical education; authorizing school building
authority to require flood insurance for any facility within the one hundred year flood plain at which
authority funds are expended; authorizing authority to encourage work-based learning opportunities for students on funded projects; authorizing authority to accept any gift, grant, contribution, bequest
or endowment of equipment for benefit of authority or its projects; requiring the authority to reserve
no more than twenty-five percent of funds available for priority use for multi-use vocational-
technical educational facilities which may include post-secondary programs; authorizing use of
reserved funds for equipment and equipment updates; including administrative council or joint
administrative board as a bodies which may propose projects; requiring ten-year major improvement
plan as prior condition for distribution of funds; prohibiting distribution of funds to county not
prepared to commence expenditure during fiscal year; requiring up-to-date enrollment projections
in facilities plans and updates; authorizing inclusion of facilities for community and technical college
education in plans to construct comprehensive vocational facilities at existing high schools;
providing exception from requirement for comprehensive vocational facilities in counties served by
multi-county center or existing county center; establishing planning process if such county elects to
construct comprehensive center; limiting effect on existing programs; and including introductory
vocational-technical courses in middle school grades as part of effective schools for vocational-
technical education,"
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. 2433) will be placed on the
Consent Calendar.
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. 2613, Family protection services board, monitored visitation and exchange program
certification,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2613) was referred to
the Committee on the Judiciary.
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. 2610, Authorizing the Family Protection Services Board to promulgate legislative rule
relating to the operation of the board,
H. B. 2611, Family protection services board, licensure of domestic violence and perpetrator
intervention programs,
And,
H. B. 2612, Family protection services board, perpetrator intervention program licensure,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended, 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. 2610, H. B. 2611 and
H. B. 2612) were each referred to the Committee on the Judiciary.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2953, Establishing a mechanism to eliminate any actuarially projected unfunded
liability in the Prepaid Tuition Trust Fund,
And reports the same back, by unanimous vote of the Committee, with a title amendment,
with the recommendation that it do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2953) will be placed on the Consent
Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2667, Board of pharmacy, fees for pharmacist recovery networks,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2667) was referred to
the Committee on the Judiciary.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2578, Motor vehicles, examination and issuance of driver's licenses,
H. B. 2624, Health, medical examiner rule for postmortem inquiries,
H. B. 2591, Administration, rules and regulations for qualifications for participation,
H. B. 2606, DEP, water pollution control permit fee schedules,
And,
H. B. 2656, Board of pharmacy, controlled substance monitoring,
And reports the same back, with amendments, with the recommendation that they each do
pass, as amended, but that they first be referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2578, H. B. 2624, H.
B. 2591, H. B. 2606 and H. B. 2656) were each referred to the Committee on the Judiciary.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H.B. 2599, Culture and History, facilities and capital resources grant program,
H. B. 2614, Fire commission, state building code,
H. B. 2560, Department of Agriculture, inspection of meat and poultry,
H. B. 2570, Ethics commission, lobbying,
H. B. 2577, Manufactured Housing Construction and Safety Standards Board,
H. B. 2663, Tax commissioner, payment of taxes by electronic funds transfer,
H. B. 2595, Consolidated public retirement board, teachers defined benefit plan,
H. B. 2594, Consolidated public retirement board, benefit determination and appeal,
H. B. 2596, Consolidated public retirement board, state police disability determination and
appeal process,
H. B. 2587, Administration, records management and preservation,
H. B. 2588, Administration, records retention and disposal scheduling,
H. B. 2589, Administration, management of records maintained by records center,
H. B. 2605, DEP, waste management, rule concerning fee assessment,
H. B. 2657, Board of pharmacy, rule for pharmacy recovery networks,
H. B. 2574, Insurance commissioner, covering certain medical and allied health are
providers,
H. B. 2640, Insurance commissioner, mental health parity,
H. B. 2575, Insurance commissioner, quality assurance,
H. B. 2576, Insurance commissioner, medical malpractice insurance consent,
H. B. 2664, Tax commissioner, tax credit for medical malpractice insurance premiums,
H. B. 2621, Health care authority, benchmarking and discount contract rule,
And,
H. B. 2652, Nursing home administrators licensing board, nursing home administrators,
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. 2599, H. B. 2614, H.
B. 2560, H. B. 2570, H. B. 2577, H. B. 2663, H. B. 2595, H. B. 2594, H. B. 2596, H. B. 2587, H.
B. 2588, H. B. 2589, H. B. 2605, H. B. 2657, H. B. 2574, H. B. 2640, H. B. 2575, H. B. 2576, H.
B. 2664, H. B. 2621 and H. B. 2652) 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. 2678, Changing ballot publishing dates before primary and general elections,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2678 - "A Bill to amend and reenact sections one, three, eight and
eleven, article three, chapter three of the code of West Virginia, one thousand nine hundred thirty-
one, as amended; to amend and reenact section twenty-one, article four-a of said chapter; to amend
and reenact section ten, article five of said chapter; and to amend and reenact sections three and six,
article six of said chapter, all relating to election reforms generally; authorizing the changing of
ballot publishing dates before primary and general elections; authorizing certain counties to count
absentee ballots during election period and placing limitations thereto; altering absentee ballot
signature requirements; changing voting dates for early in person voting; providing for emergency
early person voting the Monday prior to a Tuesday election; requiring notice to certain voters of law
change; providing for the processing of certain absentee ballots prior to closure of the polls; and
authorizing certain changes in the early in person voting of absentee ballots,"
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. 2678) 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. 2443, Relating to the assessment of banking institutions,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2443 - "A Bill to amend and reenact section eight, article two, chapter
thirty-one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to the assessment of banking institutions,"
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. 2443) 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. 2748, Preventing mail order or internet sales of tobacco products to persons under
eighteen years of age,
And reports the same back with the recommendation that it do pass.
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. 2870, Specifying the jurisdiction of the PSC over, and the application of public utility
laws to, certain described electric generating facilities,
And reports the same back, by unanimous vote of the Committee, with a title amendment,
with the recommendation that it do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2870) will be placed on the Consent Calendar.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the annual report of the State Treasurer's Office of West
Virginia, in accordance with section twenty-three, article one, chapter four of the code; which was
filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, laid before the House a communication from His Excellency, the
Governor, which was read by the Clerk and referred to the Committee on Finance, as follows:
State of West Virginia
OFFICE OF THE GOVERNOR
Charleston 25305
February 11, 2003
EXECUTIVE MESSAGE NO. 3
2003 REGULAR SESSION
The Honorable Robert Kiss
West Virginia House of Delegates
Building 1, Room M-228
Charleston, WV 25305-0470
Dear Speaker Kiss:
The following amends and replaces the "Lottery Fund - Statement of Revenues, Expenditures and Changes in
Cash Balance" which I submitted to you on January 8, 2003 as part of my Executive Budget Document for the fiscal year
ending June 30, 2004:
Lottery Fund
Statement of Revenues, Expenditures
and Changes in Cash Balance
(Expressed in Thousands)
Surplus Balance July 1, 2002 $ 76,776
Plus: Revenue Estimate FY 2003 __169,000
Estimated Balance $ 245,776
Less: Regular Appropriations FY 2003 $ 182,082
Supplemental Appropriation (SB 3006) FY 2003 18,628
Reserve for Cash Flow/Contingencies _43,500___________________________________________________________(244,210)
Estimated Balance - June 30, 2003 $ 1,566
Plus: Revenue Estimate FY 2004 __170,100
Estimated Balance $ 171,666
Less: Recommended Appropriations FY 2004
Development Office - Division of Tourism $ 11,720
Division of Natural Resources 3,125
Department of Education 36,368
School Building Authority 18,000
Education and the Arts - Office of the Secretary 3,469
Education and the Arts - Division of Culture and History 4,628
Education and the Arts - Educational Broadcasting Authority 423
Education and the Arts - Library Commission 9,374
Higher Education Policy Commission 37,222
Bureau of Senior Services 37,271
Education, Arts, Sciences, and Tourism Debt Service Fund ________10,000____(171,600)
Estimated Balance - June 30, 2004 $________66
Please amend the Budget Bill submitted by me on January 8, 2003 for Fiscal Year 2004 to read as follows:
TITLE II - APPROPRIATIONS.
Sec. 4. Appropriations from lottery net profits.
Page 130
228-Bureau of Senior Services-
Lottery Senior Citizens Fund
(WV Code Chapter 29)
Fund 5405 FY 2004 Org 0508
1 Local Programs Service Delivery Costs 200 $ 2,475,250
2 In-Home Services for Senior Citizens 224 700,000
3 Nutrition Services for the Elderly 337 700,000
4 Senior Citizen Centers and Programs (R) 462 4,500,000
5 Direct Services 481 2,800,000
6 Transfer to Division of Human Services
7 for Health Care and Title XIX Waiver
8 for Senior Citizens 539 13,000,000
9 Senior Services Medicaid Transfer 871 10,300,000
10 Legislative Initiatives
11 for the Elderly 904 2,700,000
12 Long Term Care Ombudsmen 905 ________96,000
13 Total $ 37,271,250
The purpose of this Executive Message is to adjust the recommendation for the Bureau of Senior
Services-Lottery Senior Citizens Fund-Senior Citizens Centers and Programs by increasing the recommended appropriation by $1,500,000.
Thank you for your cooperation in this matter.
Sincerely,
Bob Wise
Governor.
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. 375 - "A Bill to amend and reenact sections seven and nine, article eleven, chapter
twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to contractor licensing generally; and allowing the transfer of a license to a new business
entity in which the license holder is the principal owner, partner or officer"; 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. 469 - "A Bill to amend and reenact section nineteen, article eleven, chapter twenty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
continuation of the West Virginia contractor licensing 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. 470 - "A Bill to amend and reenact section thirteen, article nine, chapter twenty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
continuation of the West Virginia board of manufactured housing construction and safety"; 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. 471 - "A Bill to amend article five, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
twenty-five, relating to continuation of the West Virginia board of pharmacy"; which was referred
to the Committee on Government Organization.
Resolutions Introduced
Delegates Fleischauer, Amores, Beach, Beane, Brown, Browning, Calvert, Canterbury,
Caputo, Craig, Doyle, Ellem, Foster, Fragale, Frederick, Frich, Houston, Hrutkay, Kominar, Kuhn,
Louisos, Mahan, Manchin, Manuel, Martin, Morgan, Overington, Palumbo, Paxton, Perry, Pethtel,
Pino, Poling, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Staton, Stemple, Susman,
Swartzmiller, Tabb, R. Thompson, Varner, Wakim, Webb, Webster, Williams, Wright, Yeager and
Yost offered the following resolution, which was read by its title and referred to the Committee on
Rules:
H. C. R. 38 - "Requesting the Joint Committee on Government and Finance to study the
impact of the state medicaid agency furnishing all recipients of services or assistance under the medicaid program a detailed periodic statement itemizing all billing for services or assistance
claimed by any provider of services or assistance approved by the medicaid program."
Whereas, The West Virginia Department of Health and Human Resources is concerned with
the appropriateness of medicaid billing; and
Whereas, The Office of Surveillance and Utilization Review within the Bureau for Medical
Services (BMS) audits providers to ensure that payment policies are adhered to; and
Whereas, Several million dollars are returned to BMS each year through these efforts; and
Whereas, By cutting fraud, waste and abuse, the state of West Virginia could delay or
eliminate the need for program cuts; and
Whereas, By cutting fraud, waste and abuse, the state of West Virginia can assist in
controlling the cost of medicaid by reducing inappropriate payments made to providers; 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 state medicaid agency furnishing all recipients of services or assistance under the
medicaid program a detailed periodic statement itemizing all billing for services or assistance
claimed by any provider of services or assistance approved by the medicaid program; 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.
Delegates R. Thompson and Perdue offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 39 - "Urging the United States Department of Veterans Affairs to rename the
Huntington VA Hospital the Dr. Robert L. Bradley VA Medical Center."
Whereas, Dr. Robert L. Bradley served as Chief of Surgery at the VA Hospital in
Huntington, West Virginia, for almost 25 years. During this time he performed over 20,000 major
surgical procedures. Veterans from many states would travel to Huntington to have Dr. Bradley take
care of them. He cared deeply about medicine and the quality of care afforded to veterans and their
families; and
Whereas, Dr. Robert L. Bradley, a native West Virginian, graduated from West Virginia
University in 1939 and Northwestern University School of Medicine in 1942. He enlisted in the U.S.
Army in 1942 as a Battalion Surgeon and served 30 months in the Southwestern Pacific arena in the
jungles of New Guinea and on Luzon. He became one of the first general surgeons to be board
certified in the state of West Virginia, in 1951. In 1970 he transferred to the Veterans Hospital in
Lexington, Kentucky as Chief of Surgery, a division of the University of Kentucky School of
Medicine. He received his Ph.D. in Anatomy from the University of Kentucky. In 1975 he joined
Marshall University's School of Medicine as a professor of anatomy and surgery. Dr. Bradley was
responsible for laying the groundwork for the establishment of Marshall's medical school during the
1960's. He was Chairman of the Department of Surgery at Marshall University School of Medicine
until his retirement in 1986. He retired from medicine 48 years after entering medical school at the
age of 18. He has been described as "a great American of many words and wisdom whose passion,
loyalty and laughter will always be present"; and
Whereas, Dr. Bradley continued his career with the military following World War II. He
was a graduate of the Command and General Staff College and the Army War College. He retired from the military with the rank of Brigadier General after 37 years of service. Over his professional
career in medicine and in the military, he was the author of numerous scientific articles and papers,
and is quoted in several standard medical texts. He was a Diplomat of the American Board of
Surgery, a member of the American Medical Association and several other professional
organizations.
Dr. Robert L. Bradley passed away on January 22, 2002, and is buried in New Martinsville,
West Virginia. His life centered around medicine, the military, and the State of West Virginia; and
Whereas, The life, dedication and accomplishments of Dr. Robert L. Bradley, a true
mountaineer and great American, his contributions to his country, state, community and family
should be recognized; therefore, be it
Resolved by the Legislature of West Virginia:
That the United States Department of Veterans Affairs is urged to rename the Huntington VA
Hospital the Dr. Robert L. Bradley VA Medical Center; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the United States Department of Veterans Affairs, the West Virginia delegation in
Congress and to the family of Dr. Bradley.
Delegates R. Thompson and Perdue offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 40 - "Requesting the Joint Committee on Government and Finance to make a study
to determine the most desirable, efficacious and efficient ways to administer the programs
encompassed under the Governor's Cabinet on Children and Families, so that adequate funding may
be maintained to provide for their continued functioning."
Whereas, The Governor's Cabinet on Children and Families programs have helped identify
and serve the needs of the citizens of this State; and
Whereas, In this era of severe budgetary constraints, limited funding sources, and significant
fiscal cut-backs throughout State government, a significant risk exists that these important and
beneficial programs may be greatly reduced in their financial abilities to serve those who most
greatly need their assistance, or that they may even be discontinued altogether; and
Whereas, Due to this risk, a need exists to study and examine models from other states for
supporting these programs, including, but not limited to, those states where highly successful private,
nonprofit entities have provided services or funding to support community-based planning,
coordination and delivery of important services intended to benefit children and preserve families;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby directed to review, examine
and study ways to administer the programs encompassed under the Governor's Cabinet on Children
and Families, so that adequate funding may be maintained to provide for their continued functioning;
and, be it
Further Resolved, That the said 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.
Petitions
Delegates Pino, Perry and Stemple presented a petition, signed by one hundred eighty-one
residents of the 29th district, in support of H. B. 2438, allowing teachers who withdrew from the
teachers retirement system in favor of the defined contribution retirement system to return to the
teachers retirement system; which was referred to the Committee on Pensions and Retirement.
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. 2971 - "A Bill to amend and reenact section two, article nine, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
sections three and fourteen, article ten of said chapter; to amend article fourteen of said chapter by
adding thereto a new section, designated section thirty-one; to amend and reenact sections two, three,
five, nine and eleven, article fourteen-a of said chapter; to amend and reenact section two, article
fourteen-b of said chapter; to further amend said chapter by adding thereto a new article, designated
article fourteen-c; to amend and reenact section eighteen, article fifteen of said chapter; to further
amend said article fifteen by adding thereto a new section, designated section eighteen-b; to amend
and reenact section thirteen, article fifteen-a of said chapter; and to further amend said article fifteen-
a by adding thereto a new section, designated thirteen-a, all relating generally to the levy, collection
and administration of West Virginia motor fuels excise tax; making tax crimes and penalties act
applicable to West Virginia motor fuels excise tax as of specified date; making West Virginia tax procedure and administration act applicable to West Virginia motor fuels excise tax effective as of
specified date; applying overpayments, credits and refunds to West Virginia motor fuels excise tax
effective as of effective date; replacing gasoline and special fuel excise tax with motor fuel excise
tax as of specified date, after which gasoline and special fuel excise tax is repealed; defining certain
motor carrier road tax terms; requiring motor carrier road tax to be equal to the motor fuel excise tax;
changing frequency for filing motor carrier road tax reports; providing credit against motor carrier
road tax for payment of motor fuels excise tax; authorizing refunds of the motor fuels tax; defining
certain terms in interstate fuel tax agreement; enacting motor fuels excise tax and as to such tax;
defining terms; authorizing promulgation of rules and forms; authorizing exchange of information;
levying motor fuels excise tax; establishing rate of motor fuels excise tax; establishing points at
which the tax is imposed; imposing tax on unaccounted for motor fuel losses; imposing back-up tax
on taxable use of untaxed fuel; establishing exemptions from tax; designating persons to be licensed;
establishing license application procedure; authorizing permissive supplier to collect tax;
establishing bond requirements; grounds for issuance and for denial of license; requiring notice of
discontinuance of business; permitting license cancellation under certain circumstances; records of
license applicants and licensees; specifying when tax returns and tax payments are due; requiring
remittance of tax by suppliers and permissive suppliers; notice of cancellation and reissuance of
license; information required on tax return; specifying deductions and discounts allowed to suppliers
and permissive suppliers; specifying duties of suppliers and permissive suppliers as trustee; requiring
returns and allowing discounts to importers; requiring information returns by terminal operators;
requiring information returns by motor fuel transporters; requiring return by exporters; identifying
information required on returns; authorizing refund of taxes erroneously collected or for gallonage exported or lost through casualty or evaporation; providing method for claiming and paying refunds;
incorporating provisions of tax crimes and penalties act and West Virginia tax procedure and
administration act into motor fuels excise tax; specifying information required on shipping
documents; requiring import confirmation number; prohibiting improper sale or use of untaxed
motor fuels; providing remedy for refusal to allow inspection or taking of fuel sample; prohibiting
engaging in business without a license; prohibiting certain persons from obtaining license; providing
civil remedy for filing false returns, for failure to file returns; providing criminal penalties for willful
commission of prohibited acts; imposing penalties for unlawful importing, transportation, delivery,
storage or sale of motor fuel; providing for enforcement of assessment; imposing record-keeping
requirements; providing for inspection of records; providing for authority to inspect; specifying
marking requirements for dyed diesel fuel storage facilities; providing for disposition of tax
collected; specifying that sections pertaining to sales and use taxes on gasoline and special fuel are,
after a specified date, repealed and replaced by new sections continuing sales and use taxes on motor
fuel and harmonizing these taxes with new motor fuel excise tax; and directing house clerk to
remove repealed code sections from his or her books after a specified date"; to the Committee on
Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Browning and Hall:
H. B. 2972 - "A Bill to amend sections twenty and twenty-six-a, article twenty-two, chapter
eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating
to municipal policemen's and firemen's pension and relief funds; funding options; providing that
a municipality may elect normal cost funding following election to fund at one hundred seven
percent of prior years funding; conditions; and providing that where a municipal policemen's and firemen's pension and relief fund is funded less than twenty-five percent the fund's board of trustees
shall mandate an increase in member's contribution not to exceed eight and one-half percent"; to
the Committee on Pensions and Retirement then Finance.
By Delegates Azinger and Long:
H. B. 2973 - "A Bill to amend article six, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
fourteen-a, relating to requiring grab bars to be installed in all hotel and motel tubs and showers";
to the Committee on the Judiciary.
By Delegates Iaquinta and Palumbo:
H. B. 2974 - "A Bill to amend and reenact section seven, article twelve, chapter seventeen-c
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring
school buses to display the school bus number on the front and rear of the school bus in numbers not
less than eight inches in height"; to the Committee on Roads and Transportation then Finance.
By Delegate Kominar:
H. B. 2975 - "A Bill to amend and reenact section eighteen, article ten, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing a
time period a member of the public employees retirement system has to repurchase service credit
previously forfeited"; to the Committee on Pensions and Retirement then Finance.
By Delegates Leach, Morgan, Brown, Caputo, Michael, Manchin and Beane:
H. B. 2976 - "A Bill to amend and reenact section thirty-seven, article one, chapter three of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to restrictions
on presence and conduct at the polls; authorizing voter verification persons or 'checkers' to be appointed by the recognized political parties to verify voters' identities and party affiliations during
general elections; and providing criminal offense and penalties"; to the Committee on the Judiciary.
By Delegates Manchin and Caputo:
H. B. 2977 - "A Bill to amend and reenact section eight hundred two, article thirteen, chapter
forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to compelling the investment of excess child support for the benefit of the child"; to the Committee
on the Judiciary.
By Delegates Manchin and Caputo:
H. B. 2978 - "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
authorizing the issuance of a special motor vehicle license plate for 'Knights of Columbus'
members"; to the Committee on Roads and Transportation then Finance.
By Delegates Stemple, Mezzatesta, Pethtel, Williams and Kominar:
H. B. 2979 - "A Bill to amend and reenact section twenty-four, article three, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
farm use or managed timber valuations to be reviewed by the county commission when the subject
property has had its classification changed"; to the Committee on the Judiciary then Finance.
By Delegate Walters:
H. B. 2980 - "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
fifteen-d, relating to the 'Mandated Benefits Review Act'; and requiring the insurance commissioner
to review and report to the Legislature in an actuarially-based fashion the financial and other related impacts of any proposed legislation to mandate medical or health-related benefits"; to the Committee
on Banking and Insurance then Finance.
By Delegate H. White:
H. B. 2981 - "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 twenty-
five-f, relating to preferred provider organizations and authorizing health care insurers to enter into
preferred provider arrangements giving enrollees the option of choosing in-network or out-of-
network health care services; establishing standards for approval of preferred provider benefit plans;
requiring that certain provisions be included in preferred provider benefit plan policies or
certificates; setting forth the circumstances under which coverage of an enrollee in a preferred
provider benefit plan may be canceled or nonrenewed; requiring coverage for certain health care
services related to mammography and pap smear testing, rehabilitation, child immunization,
emergency treatment, colorectal cancer examination and laboratory testing, reconstructive surgery
following mastectomy, and mental health treatment; setting forth required provisions for contracts
with preferred providers; setting forth required provisions for contracts between health care insurers
and third party administrators when third party administrators are providing the preferred provider
organization; requiring all rates for preferred provider benefit plans to not be excessive, inadequate
or unfairly discriminatory and requiring that all rates and forms for preferred provider benefit plans
to be filed and approved by the insurance commissioner; requiring that enrollees receive from the
health care insurer issuing the preferred provider benefit plan a provider roster and requiring that all
advertising materials comply with article eleven, chapter thirty-three of the West Virginia code;
allowing health care insurers offering preferred provider benefit plans prior to the effective date of the article to file all rates and forms within ninety days of the effective date and to continue operating
the plans pending approval or denial of the rates and forms; authorizing the insurance commissioner
to promulgate rules as necessary to administer the article; and authorizing the insurance
commissioner to hold hearings on alleged violations of the article and to assess penalties or suspend
or revoke the health care insurer's license for determined violations"; to the Committee on Banking
and Insurance then Finance.
By Delegate H. White:
H. B. 2982 - "A Bill to amend and reenact article eight, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section
six, article three; section three, article nine; section eleven, article twenty-two; section thirty-one,
article twenty-three; section ten, article twenty-four; section four, article twenty-five-a; section five,
article twenty-five-d; section two-a, article twenty-seven of said chapter, all relating to investments
and investment practices of insurance companies; and to correct references to amended sections of
article eight, chapter thirty-three of said code"; to the Committee on Banking and Insurance then the
Judiciary.
By Delegates Campbell and Craig:
H. B. 2983 - "A Bill to amend and reenact sections seventeen and thirty-four, article seven-a,
chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to the teachers' retirement system; providing technical corrections for conflicting
language created when federal compliance provisions were previously added; and placing loan
procedures within federal standards"; to the Committee on Pensions and Retirement then Finance.
By Delegate H. White:
H. B. 2984 - "A Bill to amend and reenact section fourteen-b, article seven-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to state teachers retirement system; increasing the amount of service credit a teacher off work on
workers' compensation may purchase; setting forth a window for the purchase and providing that
a teacher receive increment credit for each year purchased"; to the Committee on Pensions and
Retirement then Finance.
By Delegates Campbell and Craig:
H. B. 2985 - "A Bill to amend and reenact sections two, five, seven, twelve, thirteen, twenty,
twenty-one and twenty-three, article fourteen-d, chapter seven 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 twenty-four-a, all relating to the deputy sheriff retirement system
generally; making technical corrections; making grammatical corrections; clarifying that redeposits
are submitted on salary earned while a deputy sheriff; increasing the employer contribution;
providing for payment of accumulated contributions in the event of death of a member; clarifying
burial benefit by removal of conflicting language; setting forth limitations regarding return to
covered employment; conforming loan provisions with federal law; and clarifying members' rights
regarding additional beneficiary nomination"; to the Committee on Pensions and Retirement then
Finance.
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. 2190, Permitting certain farm vehicles to use the highways between sunset and sunrise,
Com. Sub. for H. B. 2239, Requiring foreign collection agencies to obtain a certificate of
authority from the secretary of state,
H. B. 2669, Hazardous waste management,
And,
H. B. 2916, Continuing the state geological and economic survey.
On the passage of the bills, the yeas and nays were taken (Roll No. 44), 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: Beach, Coleman and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for H. B. 2190, Com. Sub. for H. B. 2239, H. B. 2669 and H. B. 2916)
passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on 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:
S. B. 215, Making supplementary appropriation to department of health and human resources,
health care authority,
Com. Sub. for H. B. 2843, Enacting the federally required provisions of the "Help America
Vote Act of 2002",
H. B. 2933, Relating to qualifications, duties and obligations of executors or administrators,
And,
H. B. 2970, Increasing the ratios of professional and service personnel to students in net
enrollment.
The Clerk announced that, pursuant to House Rule 70a, Delegate Williams had requested H.
B. 2970 be removed from the Consent Calendar and be placed upon the House Calendar.
Special Calendar
First Reading
H. B. 2794, Increasing the service fee for worthless checks; on first reading, coming up in
regular order, was read a first time and ordered to second reading.
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Beach, Coleman and Houston.
At 12:02 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Thursday, February 13,2003.