__________*__________
Wednesday, February 19, 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 18, 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 presentations 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. 21, Naming the bridge that crosses from Cabell County to Wayne County over Four
Pole Creek on Route 60, the "Colonel Justice M. Chambers Memorial Bridge".
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. 21) was taken up for immediate consideration, read by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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. 6, Requesting the Joint Committee on Government and Finance to continue a study
of the current methods of approving and managing renovation and restoration projects for areas of
the state capitol complex that are of great value and historical significance to the citizenry of West
Virginia,
And,
S. C. R. 13, Requesting the Division of Highways name the bridge crossing from Kermit,
West Virginia, to Martin County, Kentucky, the "Herbert 'Hub' Cline Bridge",
And reports the same back with the recommendation that they each be adopted.
Vice Chairman Doyle, from the Committee on Finance, submitted the following report,
which was received:
Your Committee on Finance has had under consideration:
H. B. 2835, Creating a special revenue fund for receipt of gifts, donations, etc. to support the
operation of veterans' facilities created by statute,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2835 - "A Bill to amend article one, chapter nine-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven; and to amend and reenact section nine-a, article twenty-two, chapter
twenty-nine of said code, all relating to establishing a special revenue fund to receive gifts and
donations for the support of veterans' facilities; authorized expenditures; renaming a special
revenue fund and clarifying its purpose; and removing a statement implying restraints on funds to
repay bonds,"
H. B. 2712, Including mental health parity applicability to non-employer groups,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2712 - "A Bill to repeal section three-c, article sixteen, chapter
thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact section three-a of said article; and to amend and reenact section twenty-four,
article twenty-five-a of said chapter, all relating to the inclusion of mental health parity applicability
to non-employer groups; and to the applicability of mental health parity to health maintenance
organizations,"
And,
H. B. 2359, Allowing the state fire marshal to retain all of the special revenue fees collected
by his office,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2359 - "A Bill to amend and reenact sections twelve-b and twenty-two,
article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, all relating to the fire marshal fees fund; eliminating the transfer of ten percent of
the fees collected by the state fire marshal to general revenue; and transferring a portion of the insurance company tax to the fund,"
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 2835, Com. Sub. for H. B.
2712 and Com. Sub. for H. B. 2359) will be placed on the Consent Calendar.
Vice Chairman Doyle, from the Committee on Finance, submitted the following report,
which was received:
Your Committee on Finance has had under consideration:
H. B. 2891, Repealing the requirement that the tax commissioner annually report the amount
of gasoline and special fuel tax collected in each county,
And,
H. B. 2282, Relating to payment to magistrates who serve temporarily outside their elected
counties,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 2891 and H. B. 2282) will be placed on the
Consent Calendar.
Vice Chairman Doyle, from the Committee on Finance, submitted the following report,
which was received:
Your Committee on Finance has had under consideration:
H. B. 2586, Administration, parking,
And reports the same back, with amendment, 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. 2586) 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:
S. B. 165, Continuing commission for national and community service,
S. B. 416, Continuing massage therapy licensure board,
And,
S. B. 418, Continuing investment management board,
And reports the same back with the recommendation that they each do pass.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 282, Continuing division of motor vehicles,
And,
S. B. 163, Continuing driver's licensing advisory board,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (S. B. 282 and S. B. 163) 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. 2873, Establishing the Public Private Transportation Act of 2003,
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. 2873) was referred
to the Committee on Finance.
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. 2607, Board of dental examiners, rule of the board,
And,
H. B. 2608, Board of dental examiners, formation and approval of dental corporations,
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. 2607 and H. B. 2608)
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:
S. B. 170, Requiring informed consent for abortion; other provisions,
And reports the same back without recommendation as to its passage.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 170) was taken up for immediate consideration, read a first time, ordered to second reading and then, on
motion of Delegate Staton, recommitted 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. 2505, Allowing municipalities to establish a procedure for run-off elections in cases
of tie votes in municipal elections,
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. 2505) 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:
S. B. 205, Modifying criminal intent for animal cruelty crimes; fines,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub for H. B. 2077, Removing the requirement that the Joint Committee on Government and Finance be given reports on the Colin Anderson closure and relocation of patients.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2778, Continuing the West Virginia state police.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2803, Continuing the board of barbers and cosmetologists.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, the
concurrent resolutions of the House of Delegates as follows:
H. C. R. 43, Expressing the best wishes along with a desire for a speedy recovery to the
Honorable Cecil Underwood, that past Governor of this State,
And,
H. C. R. 44, Extending the Committee of Conference relating to consideration of Com. Sub.
for H. B. 2122, relating to medical professional liability generally.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:
S. C. R. 16 - "Requesting the Federal Emergency Management Agency expedite the process
of updating West Virginia's flood insurance rate maps."
Whereas, As flood insurance rate maps age, they may not accurately reflect flood hazard
conditions, potentially creating a false sense of security for the citizens of West Virginia; and
Whereas, Outdated flood insurance rate maps may result in the construction of buildings,
infrastructure and individual homes within the active floodplain; and
Whereas, Flood hazards are dynamic and may change rapidly due to community
development as well as natural processes in the watershed, exacerbating the need for up-to-date,
comprehensive flood maps; and
Whereas, The Federal Emergency Management Agency is the governmental entity
responsible for revising and updating flood insurance rate maps; and
Whereas, Eighty-eight percent of flood insurance rate maps in the State of West Virginia
are 10 years old or older and 17 percent of West Virginia flood insurance rate maps are 20 years old
or older; and
Whereas, The Legislature of the State of West Virginia does desire that the Federal
Emergency Management Agency expedite its review and revision of the flood insurance rate maps;
and
Whereas, Utilization of updated flood insurance rate maps will allow governmental officials
to better protect the state's citizens from the ravages of flooding; and
Whereas, The severity of West Virginia's flood events in the last decade, particularly in the
southern part of the state, indicates the urgency of the need for revision of flood insurance rate maps
in West Virginia relative to the needs of other states; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Federal Emergency Management Agency expedite
the process of updating West Virginia's flood insurance rate maps; and, be it
Further Resolved, That the Federal Emergency Management Agency should give priority
to the mapping needs of the communities of West Virginia relative to those of other states.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:
S. C. R. 30 - "Requesting the Division of Highways name the replacement bridge on Sellers
Run Road in Tyler County the 'E. Glenn Moore Memorial Bridge'."
Whereas, E. Glenn Moore was a lifelong resident of Tyler County who was well-known
and loved in the county and the state and who, with his wife, Ruth, raised three children while
contributing his time, efforts and money to many worthwhile work, church and community projects;
and
Whereas, E. Glenn Moore was President of Local #698 of Union Carbide for many years
and worked tirelessly for his union members and their families to better working conditions, wages
and benefits; and
Whereas, E. Glenn Moore helped to organize the Long Reach Employees Federal Credit
Union and served as its board president for many years; and
Whereas, E. Glenn Moore attended Archer's Chapel, served for 25 years as superintendent
of Little Church and was instrumental in the construction of new Sunday school rooms and
bathrooms for these churches; and
Whereas, E. Glenn Moore supported the youth of his county and state by organizing the
building of a gymnasium in Friendly where kids could play ball, by serving as project leader for the
4-H Club for many years and by encouraging his children, nieces and nephews to obtain their college educations; and
Whereas, E. Glenn Moore and his wife, Ruth, petitioned AT&T to extend toll-free calling
in Tyler County to New Martinsville, thus saving money for their neighbors; and
Whereas, E. Glenn Moore and his wife, Ruth, organized the first Heritage and Historical
Society in Tyler County and helped negotiate the events which turned the former Tyler County High
School into what is now the Tyler County Museum; and
Whereas, It is fitting that this bridge, as requested by his family, friends, coworkers,
neighbors and the Tyler County Commission, which is located on a portion of his widow's property
be named for this true West Virginia gentleman who touched so many lives and left his mark on the
hearts of all who knew him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the replacement bridge
on Sellers Run Road in Tyler County the "E. Glenn Moore Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the
bridge displaying the name "E. Glenn Moore Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to the family of E. Glenn Moore.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:
S. C. R. 31 - "Requesting the Division of Highways name the bridge spanning the
Blackwater River at milepost 5.7 as the 'E. F. "Buck" and Nell Jane West Memorial Bridge'."
Whereas, E. F. "Buck" and Nell Jane West lived their lives in West Virginia and instilled
a love of the state and its natural beauty in their five children; and
Whereas, E. F. "Buck" West worked for the Division of Highways from the 1920s through
the late 1980s, retiring when he was in his seventies, and contributed his labor and expertise to many
state road projects, including the WPA road construction over difficult terrain in Randolph County;
and
Whereas, Nell Jane West was a middle school teacher in Upshur County and is remembered
fondly by generations of students; and
Whereas, E. F. "Buck" and Nell Jane West sent their five children, grandchildren and great-
grandchildren into the world with an abiding love for their home state of West Virginia; and
Whereas, It is fitting that this bridge near Canaan Valley that they so loved be named in the
memory of these hardworking public servants whose descendants still call West Virginia home;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge spanning the
Blackwater River at milepost 5.7 as the "E. F. 'Buck' and Nell Jane West Memorial Bridge"; and,
be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the
bridge displaying the name "E. F. 'Buck' and Nell Jane West Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and the family of E. F. "Buck" and
Nell Jane West, including their surviving daughters, Jane West Ralston, Linda West Pertz, Pam
Schneeman and Jenny Lynne West.
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
Com. Sub. for S. B. 340 - "A Bill to amend and reenact section three-v, article one, chapter
seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
permitting county commissions to establish different building requirements in a flood plain so
property owners can receive lower rates for federal flood insurance"; 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. 384 - "A Bill to amend and reenact section ten, article two, chapter sixty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the current location
of offices of the alcohol beverage control administration"; which was referred to the Committee on
Finance.
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
Com. Sub. for S. B. 395 - "A Bill to amend and reenact section five hundred one, article
five, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend and reenact sections three hundred one, four hundred one, four hundred two,
five hundred one, five hundred two, six hundred one, eight hundred one, eight hundred two, nine
hundred one, one thousand one, one thousand two and one thousand one hundred one, article ten of said chapter, all relating to granting of temporary grandparent visitation; and making technical
corrections"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 461 - "A Bill to amend and reenact section three, article twenty-four, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to updating
the meaning of certain terms used in West Virginia corporation net income tax act by bringing them
into conformity with their meanings for federal income tax purposes; and specifying effective date";
which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 462 - "A Bill to amend and reenact section nine, article twenty-one, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to updating
the meaning of certain terms used in the West Virginia personal income tax act by bringing them
into conformity with their meanings for federal income tax purposes; and updating effective date";
which was referred to the Committee on Finance.
Resolutions Introduced
Delegates Canterbury, Carmichael, Evans, Hamilton, Armstead, Leggett, Webb, Walters,
Blair, Duke, Hall, Wakim, Calvert, Caruth, Sobonya, Schoen and Schadler offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 45 - "Requesting the State Tax Commissioner to study alternative economic development strategies that attract wealthier consumer bases, such as senior citizens by directly
providing these consumers with incentives and quality of life improvements."
Whereas, Conventional economic strategies for stimulating the economy are directed
towards providing businesses with incentives to transact business in West Virginia, alternative
strategies exist that stimulate economies by providing income incentives for attracting wealthier
consumer bases which increase state revenue through consumer spending; and
Whereas, There exists a growing population of senior citizens in West Virginia, as well as
in the United States, that provides one possible alternative economic strategy for expanding
wealthier consumer bases; and
Whereas, Senior citizens are generally more economically stable than other demographic
groups, the State should study whether providing senior citizens with income incentives and quality
of life improvements would retain senior citizens that currently live in West Virginia, as well as
attract new senior citizens to relocate to West Virginia; and
Whereas, New businesses may be disinclined to transact business in West Virginia because
of higher taxes, workers' compensation rates and the regulatory climate, which senior citizens are
generally not affected by; and
Whereas, An economically stable consumer base, such as senior citizens, provides
increased revenue to businesses which naturally attract businesses and outweigh any concerns
businesses may have with transacting business in West Virginia; and
Whereas, Specific areas to study include, but are not limited to: (1) Eliminating personal
income taxes for senior citizens; (2) eliminating taxes that may discourage senior citizens from
relocating to West Virginia, such as the automobile transfer taxes; (3) estimating how much revenue
would be lost by eliminating these taxes; (4) projecting the potential increase in revenue to the state by retaining and attracting senior citizens; and (5) projecting the economic growth impact from
implementation of this strategy; therefore, be it
Resolved by the Legislature of West Virginia:
That the Tax Commissioner of the State of West Virginia be requested to study alternative
economic development strategies for stimulating West Virginia's economy, such as providing senior
citizens with incentives and quality of life improvements; and, be it
Further Resolved, That the State Tax Commissioner report to the regular session of the
Legislature, 2004, as to the commissioner's findings and any recommendations the commissioner
may have; and, be it
Further Resolved, That the Clerk of the House is directed to send a copy of this resolution
to the State Tax Commissioner.
Delegate Staton and Browning offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 46 - "Requesting the West Virginia Division of Highways to name Mullens
Overhead Bridge located on State Route 16 in Mullens, Wyoming County, West Virginia, the
'Sergeant Jack W. Staton Memorial Bridge'."
Whereas, Jack W. Staton was born on December 25, 1924, in West Columbia, Mason
County, West Virginia, the son of Bertha and Russell Cunningham Staton. He graduated from
Mullens High School in 1942 and enlisted in the U. S. Air Force. He married Anna June Robertson
on October 19, 1943; and
Whereas, Jack W. Staton attained the rank of Sergeant and was assigned to a B-24 Bomber
crew as nose turret gunner at Davis-Monthan Air Base, Tucson, Arizona in May or June 1944. The
crew was later assigned to the 446th Bomb Group, 706th Bomb Squadron (APO) at Bungay, North East of London near the English Channel. The other crew members were 1st Lt. Ralph V. Shaffer,
Pilot, 2nd Lt. George Lesko, Co-Pilot, 2nd Lt. Herbert Rubin, Bombardier, Flight Officer Norman
H. Phillips, Navigator, Tech Sgt. Charles E. Wyatt, Engineer, Staff Sgt. Frank W. Loichinger, Radio
Operator, Sgt. Albert H. Lang, Ball T Gunner, Sgt. Ted Zomonek, Waist Gunner (also from West
Virginia) Sgt. Willard R. Fetterhoff, Tail Gunner and Private Jack Maxwell, Waist Gunner. This
crew flew nine missions, with their last being on August 26, 1944. Their mission and target on this
date was the Farber Chemical Factory at Mannhien/Ludigshafen, Germany. The crew (except Herb
Rubin who was training with another crew) was flying a plane named "Ginger" when they
encountered flak at their target. The B-24 was severely damaged with 3 of the 4 engines out. The
entire crew parachuted out and the plane crashed at Schoeneck, France several kilometers from
Saarbrucken, Germany. Jack Staton's body was recovered from the Saar River in Saarbrucken and,
while the cause of his death was never verified except for German documentation stating drowning,
surviving crew member George Lesko has indicated that he was sure Jack Staton would have been
wearing his "Mae West" floatation device in the water and doubts the German records. German
treatment of other members plus eye-witness accounts support the conclusion that he was murdered.
Other members of this crew who died on that ill-fated day were Charles E. Wyatt, Ted Zemonek,
Willard R. Fetterhoff and Jack Maxwell, who were all captured by the German SS and after they
surrendered were marched into a forest and shot in the back of their heads. These executioners were
found guilty at the War Crimes Trial and were executed by hanging. Vince Shaffer was also lost
on that date, but it is still unknown what happened to him. The only crew members to survive were
George Lesko, Albert H. Lang and Norman H. Phillips; and
Whereas, Jack W. Staton and the brave men who flew with his crew gave their lives in the
service of their country, making the supreme sacrifice in a time of great worldwide conflict to protect our freedoms and to assist others from the threats of tyranny against that freedom; and
Whereas, Jack W. Staton received two Silver Stars, Purple Heart, Air Medal, European
Theater Medal, Good Conduct and Distinguished Flying Cross; and
Whereas, The life and sacrifice of Jack W. Staton (and his fellow crew members) should
not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia Division of Highways to
name the Mullens Overhead Bridge located on State Route 16 in Mullens, Wyoming County, West
Virginia the "Sergeant Jack W. Staton Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at
either end of the bridge displaying the name of the bridge; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the Commissioner of the Division of Highways, and to the surviving family of Jack W. Staton, along
with the surviving crew of the B-24 "Ginger" togther with the heartfelt thanks and gratitude from
this Legislature to the other young crewmen who also lost their lives on August 26, 1944, and to the
survivors of that mission who have served their country so well, all heroes to their country, and
whose deeds should also not go unnoticed.
On motion for leave, a resolution was introduced (Originating in the Committee on
Government Organization and reported with the recommendation that it be adopted), which was read
by its title, as follows:
By Delegates Beane, Kuhn, Ennis, Hatfield, Iaquinta, Manchin, Manuel, Martin,
Perdue, Talbott, Tucker, Wright, Yeager, Yost, Leggett, Azinger, Blair, Caruth, Frich,
Romine and Schoen:
H. C. R. 47 - "Requesting the Joint Committee on Government and Finance to study the
powers, duties and functions of the Governor's cabinet on children and families."
Whereas, The Governor's cabinet on children and families coordinates programs and
services that provide family centered and community based solutions independent from any state
agency; and
Whereas, Local family resource networks and the starting points family resource centers
that operate under the umbrella of the Governor's cabinet on children and families serve vital
community needs by coordinating services that focus on early childhood development; and
Whereas, The independence of the Governor's cabinet allows for the impartial coordination
of a variety of services to meet the needs of the citizens of this state; and
Whereas, Funding patterns in other states indicate that entities independent of state service-
providing agencies are more likely to receive private funding for coordination and integration
purposes than are state agencies; and
Whereas, Due to budgetary constraints, it is necessary to consider all reasonable and
effective programs that serve and coordinate services for families and children, therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
functions of the Governor's cabinet on children and families, and examine methods of administering
and funding the services and programs it coordinates, and make recommendations to the Legislature
regarding the coordination and funding of services that meet the needs of the children and families
in West Virginia; 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.
The Speaker then referred the resolution (H. C. R. 47) to the Committee on Rules.
Petitions
Delegate Louisos presented a petition, signed by five thousand and thirty-eight residents of
the 29th District, requesting that prayer be reinstated in public schools; which was referred to the
Committee on the Judiciary.
Delegates Kominar and H. White presented a petition, signed by nine hundred and thirty-one
residents of the State, in opposition to S. B. 79 and H. B. 2116, terminating the governor's cabinet
on children and families and incorporating certain of its powers and the children's fund to the
department of health and human resources; which was referred to the Committee on Government
Organization.
Delegate Renner presented a petition, signed by five thousand six hundred and thirty-six
residents of the State, requesting a share of lottery proceeds to be distributed to senior programs;
which was referred to the Committee on Finance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss:
H. B. 3053 - "A Bill to amend and reenact section two, article fifteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the consumers sales and services tax and clarifying that payments received by a vendor of tangible personal
property as an incentive to sell a greater volume of such tangible personal property under a
manufacturer, distributor or other third-party marketing support program, sales incentive program,
cooperative advertising agreement or similar type of program or agreement"; to the Committee on
Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Beane, Kuhn, Long, Mahan and G. White:
H. B. 3054 - "A Bill to amend and reenact section eighteen, article sixteen, chapter thirty
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
properly qualified chiropractors to engage in rehabilitative therapy"; to the Committee on Health
and Human Resources then Government Organization.
By Delegates Blair, Trump, Sumner, Schadler and Perdue:
H. B. 3055 - "A Bill to amend and reenact section thirteen-h, article two, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
authorizing the department of health and human resources and the department of education to
provide adequate and appropriate education opportunities to school-age juveniles who have been
placed in listed residential facilities; and making technical revisions"; to the Committee on
Education then Finance.
By Delegate Boggs:
H. B. 3056 - "A Bill to amend article two, chapter twenty-four-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section six, relating to carriers for hire and providing for the regulation of intrastate
driving hours of 'for-hire' carriers"; to the Committee on Roads and Transportation then Finance.
By Delegates Brown, Webster, Amores, Smirl, Fleischauer and Hrutkay:
H. B. 3057 - "A Bill to amend and reenact section nine, article three, chapter fifty-seven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing
the privilege of confidentiality in communications to clergy when the communications involve
matters involving child abuse or child neglect"; to the Committee on the Judiciary.
By Delegates Browning and Susman:
H. B. 3058 - "A Bill to amend chapter nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article four-d, relating
to exempting certain physicians from obtaining preauthorization before being able to dispense
psychotrophic medications to mentally ill medicaid recipient patients in order to avoid catastrophic
results from inadequate and untimely treatment; and, providing findings by the Legislature"; to the
Committee on Health and Human Resources then Finance.
By Delegates Duke, Manuel, Doyle, Hall, Trump, Blair and Faircloth:
H. B. 3059 - "A Bill to amend and reenact section eleven, article nine-a, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school
funding for growth counties; providing that when counties have net enrollment increases for students
K through 12 and the net increases are not fully funded, then the charge-back in local share is
reduced to offset the amount that the state board underfunded the counties' allocations for net
enrollment increases"; to the Committee on Education then Finance.
By Delegate Fragale (By Request):
H. B. 3060 - "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
providing that motor boats and trailers have registration plates the same size and configuration as
motorcycle registration plates"; to the Committee on Roads and Transportation then Finance.
By Delegate Fragale:
H. B. 3061 - "A Bill to amend and reenact section seven, article five, chapter eight of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that
at the filing deadline for candidacy for mayor, recorder or city council, a candidate is unopposed,
the municipality will allow an extended period beyond the filing deadline for write-in candidates
to be submitted and, that in the event, five days prior to the election, no write-in candidates names
are submitted for consideration, the election shall be canceled and the unopposed candidate shall be
declared the winner"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Michael:
H. B. 3062 - "A Bill to amend and reenact section one, article four, chapter thirty-seven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to partition
of real estate; and authorizing partition of real estate owned by certain close corporations"; to the
Committee on the Judiciary.
By Delegates Overington, Trump, Caruth, Blair, Schadler, Faircloth and Evans:
H. B. 3063 - "A Bill to amend article five-a, chapter twenty-one 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 exempting construction performed on behalf of educational
authorities from prevailing wage requirements"; to the Committee on the Judiciary then Finance.
By Delegates Poling, Perry, Hrutkay, Hamilton, Brown, Caputo and Manchin:
H. B. 3064 - "A Bill to amend article seven-a, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twenty-six-t, relating to increasing supplemental benefits to certain teacher retirement
annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegates Smirl, Sobonya, Howard, Hamilton and Sumner:
H. B. 3065 - "A Bill to amend and reenact section seven-a, article ten, chapter eighteen-b
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to tuition
and fee waivers for residents at least sixty-five years old; providing that the term 'course or class'
includes courses offered on-line via the internet"; to the Committee on Education.
By Delegate Staton:
H. B. 3066 - "A Bill to amend and reenact section five, article two, chapter eighteen-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to giving
priority to teacher's aide applicants with college credits"; to the Committee on Education.
By Delegates Staton and Browning:
H. B. 3067 - "A Bill to amend and reenact sections ten and ten-c, article four, chapter
eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to mandating that county boards of education establish personal leave banks which allow
board employees to donate personal leave to be used by fellow board employees who are absent
from work because of accident or illness, or who are absent while acting as care givers"; to the
Committee on Education.
By Delegates Staton, R. Thompson and Perdue:
H. B. 3068 - "A Bill to amend and reenact section twenty-five, article thirteen-a, chapter
sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to contracts for the provision of engineering, design or feasibility studies by public service districts";
to the Committee on Political Subdivisions then the Judiciary.
By Delegates Stemple and Varner:
H. B. 3069 - "A Bill to amend and reenact section one, article two, chapter five-f of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
section four, article four-c, chapter sixteen of said code, all relating to transferring the office of
emergency medical services from the department of health and human resources to the department
of military affairs and public safety"; to the Committee on Government Organization then Finance.
By Delegates Trump and Staton:
H. B. 3070 - "A Bill to amend and reenact section twenty-one, article five, chapter three of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to elections
generally; and providing that a mass convention of a political party, to elect delegates to the state
convention, be held in the county instead of the various magisterial districts"; to the Committee on
the Judiciary.
By Delegates Webster and Amores (By Request):
H. B. 3071 - "A Bill to amend and reenact article six-b, chapter forty-six-a of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, relating to the certified
aftermarket parts act; modifying the previous statute; replacement parts made by an independent,
non-car manufacturer; what parts are included; certifying entity required; manufacturer to warrant
parts; and notification"; to the Committee on the Judiciary then Finance.
By Delegates G. White and Wakim (By Request):
H. B. 3072 - "A Bill to amend and reenact section four, article three, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing an
exemption from mandatory immunizations for good cause or due to religious prohibition"; to the
Committee on Health and Human Resources then Education.
By Delegate Warner:
H. B. 3073 - "A Bill to amend and reenact sections five and seven, article fourteen-d, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the deputy sheriffs retirement plan; allowing certain law-enforcement employees of the
division of protective services to become members of the deputy sheriffs' retirement system; setting
forth contribution dates; transfer between retirement systems; repurchase of withdrawn time; and
specifying effective date"; to the Committee on Pensions and Retirement then Finance.
By Delegates Browning and Staton:
H. B. 3074 - "A Bill to amend and reenact section thirteen-a, article seven-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to the state teachers retirement system; providing that retired members may accept contract
employment for up to one hundred forty days with a county board of education and still receive their
retirement benefits"; 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:
S. B. 281, Continuing department of environmental protection,
Com. Sub. for H. B. 2511, Authorizing the issuance of a special motor vehicle license plate
for Nemesis Shrine members,
H. B. 2668, Credentialing of health care practitioners,
H. B. 2729, Clarifying the members of professional licensing boards may be compensated
only for days which they attend official meetings and not for travel days,
And,
H. B. 3011, Relating to authority of the state fire commission to promulgate legislative and
emergency rules.
On the passage of the bills, the yeas and nays were taken (Roll No. 61), and there were--yeas
95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Carmichael.
Absent And Not Voting: Coleman, DeLong, Michael and Paxton.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bills (S. B. 281, Com. Sub. for H. B. 2511, H. B. 2668, H. B. 2729 and H. B.
3011) passed.
Delegate Staton moved that H. B. 3011 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 62), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, DeLong, Michael and Paxton.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3011) takes effect from its passage.
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.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 2441, Increasing the minimum subscribed capital stock and capital surplus for new
bank charter applications,
Com. Sub. for H. B. 2477, Permitting residents of nursing homes and similar facilities to
retain the homestead exemption and Class II property designation,
H. B. 2514, Authorizing the board of banking and financial institutions to prohibit individuals removed from one financial institution from participating in the affairs of other financial
institutions,
Com. Sub. for H. B. 2529, Relating to the licensure and regulation of psychophysiological
detection of deception examiners,
H. B. 2534, Eliminating the property value limit on the application of the tax,
Com. Sub. for H. B. 2556, Requiring the insurance commissioner to issue an annual
communication to increase awareness of certain flood insurance issues,
Com. Sub. for H. B. 2702, Eliminating the examination assessment fee on risk retention
groups,
H. B. 2771, Repealing exemptions from gasoline and special fuels excise tax for bulk sales
to interstate motor carriers,
H. B. 2793, Relating to the West Virginia real estate commission and limiting certain
reciprocity provisions,
Com. Sub. for H. B. 2799, Relating to the West Virginia state police and the re-employment
of recently retired troopers,
Com. Sub. for H. B. 2814, Increasing the misdemeanor penalties for failure to yield the
right-of-way,
H. B. 2846, Adding professional surveyors to the list of professionals who may organize
professional limited liability companies,
Com. Sub. for H. B. 2865, Upgrading the criminal offense of damaging or destroying real
or personal property owned by a railroad company or public utility,
Com. Sub. for H. B. 2881, Striking the provision requiring that post mining water
discharges have to be better to or equal to pre-mining water discharge,
H. B. 2882, Limiting requirements for stays for appeals under the surface coal mining and
reclamation act for unjust hardship,
H. B. 2920, Increasing certain benefits to dependents of a state trooper killed in the line of
duty,
H. B. 2975, Providing a window for persons who were members of PERS and who left state
employment withdrawing their PERS moneys to buy back their time with interest,
H. B. 2983, Relating to the teachers' retirement system,
And,
H. B. 2984, Increasing the amount of service credit a teacher off work due to a compensable
injury may purchase.
The Clerk announced that, pursuant to House Rule 70a, Delegate Frich had requested H. B.
2514 be removed from the Consent Calendar and be placed upon the House 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:
Com. Sub. for H. B. 2603, DEP, standards for beneficial use of materials similar to sewage
sludge,
And,
H. B. 2823, Modifying delinquent real and personal property collection and purchase
requirements.
Special Calendar
Second Reading
Com. Sub. for H. B. 2114, Limiting the public education allowances provided as part of the total basic foundation program for the 2003 fiscal year; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2749, Allowing for reciprocal licensing of physical therapists from
other states and countries; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
H. B. 3031, Relating to participation in public school courses and activities by a child
receiving home instruction; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Williams, Shaver, Perry, Stemple, Howard and Sobonya, the bill
was amended on page eleven, section one, line one hundred seventy-four, by following the words
"enrolled for at least" striking out the word "three" and inserting in lieu thereof the word "two".
There being no further amendments, the bill was then ordered to engrossment and third
reading.
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Coleman, DeLong, Michael and Paxton.
Delegate Butcher announced that he was absent on Tuesday, February 18, 2003, when the
votes were taken on Roll Nos.56 and 57, and that had he been present, he would have voted "Nay"
thereon; and on Roll Nos. 58 and 59, had he been present, he would have voted "Yea" thereon.
At 11:54 a. m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Thursday, February 20, 2003.