__________*__________
Tuesday, March 4, 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 Monday, March 3, 2003, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
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:
S. C. R. 27, Requesting the Joint Committee on Government and Finance study a statewide
plan for protection of the state's water supply and access to clean and safe drinking water,
H. C. R. 48, Requesting the Joint Committee on Government and Finance to conduct a study
on the condition of the mental health plan in West Virginia,
And,
H. C. R. 71, Requesting the West Virginia Division of Highways to name the bridge
connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, West Virginia, "Specialist/4 James G. Berry Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
On motion for leave, resolutions were introduced (Originating in the Committee on
Government Organization and reported with the recommendation that they each be adopted), which
were read by their titles, as follows:
By Delegates Beane, Kuhn, Butcher, Ennis, Hatfield, Iaquinta, Manchin, Manuel,
Martin, Perdue, Talbott, Wright, Yeager, Yost, Leggett, Azinger, Blair, Caruth, Frich,
Romine, Schoen and Walters:
H. C. R. 80 - "Requesting the Joint Committee on Government and Finance to study the use,
benefits and management of technology as it impacts the Legislature."
Whereas, The growth of the Internet, electronic commerce and digital government have
prompted the introduction of numerous bills regarding technology and communication each
legislative session; and
Whereas, In addition to emerging policy issues such as electronic commerce and Internet
taxes, technology issues are interwoven into traditional areas such as education, human services and
criminal justice; and
Whereas, At least thirty-one states and two territories have established legislative
committees that specifically include information technology issues in their jurisdiction; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to examine and
study the efficiency and feasibility of creating a Joint Committee on Finance Subcommittee on
Technology and Communication with emphasis on the role of state government in sharing information among the branches of government and with its political subdivisions; the feasibility
and advisability of developing a uniform technology and communication policy throughout the state;
the structure and function of similar subcommittees in other states; and the composition and role of
the subcommittee during the legislative session; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
regular session of the Legislature, 2004, 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.
And,
By Delegates Beane, Kuhn, Butcher, Ennis, Hatfield, Iaquinta, Manchin, Manuel,
Martin, Perdue, Talbott, Wright, Yeager, Yost, Leggett, Azinger, Blair, Caruth, Frich,
Romine, Schoen and Walters:
H. C. R. 81 - "Requesting the joint committee on government and finance to make a study
of the cost and effectiveness of the medicaid program preferred drug list."
Whereas, The West Virginia department of health and human resources and the bureau of
medical services have developed, implemented and use a preferred drug list for the West Virginia
medicaid program that requires the use of preferred drugs; and
Whereas, The West Virginia department of health and human resources and the bureau of
medical services now require physicians and other health care providers to obtain prior authorization
before prescribing any drug or pharmaceutical that is not included on the preferred drug list; and
Whereas, There are concerns among the citizens of West Virginia, doctors and other health care professionals and the Legislature about whether the utilization of the preferred drug list results
in increased costs to the state through additional administrative costs for health care providers and
increased costs to patients through additional office visits, consultations, or hospitalizations resulting
from adverse reactions caused by changing medications or taking a drug other than the one
originally prescribed or desired by the treating physician, many of which costs are ultimately borne
by the state medicaid program; and
Whereas, The Legislature desires information regarding the efficacy and cost of
maintaining the preferred drug list and the prior authorization program; 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 the overall effects of the preferred drug list and the prior authorization program as they
relate to cost of implementing and maintaining the program to the department of health and human
resources or for other agencies of state government; and, be it
Further Resolved, That the study include an analysis of the administrative and other costs
related to the use of the preferred drug list and the prior authorization program; an analysis of any
additional costs that have been incurred by the department of health and human resources, patients
and health care providers resulting from the preferred drug list and the prior authorization program;
and the overall cost effectiveness of the program, all with input from the affected constituencies,
including but not limited to the department of health and human resources, individual patients,
patient advocates, health care providers, pharmacists, pharmaceutical manufacturers and others; and,
be it
Further Resolved, That joint committee on government and finance shall report to the
Legislature on or before the first day of December 2003, on its findings, conclusions and recommendations, and shall submit drafts of any legislation deemed 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 resolutions (H. C. R. 80 and H. C. R. 81) to the Committee on
Rules.
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. 336, Relating to uniform application forms for credentialing, recredentialing and
updating information for health care practitioners,
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 (S. B. 336) 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:
S. B. 510, Permitting holocaust commission to accept gifts, donations and appropriations
from Legislature; reimbursement,
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 (S. B. 510) 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:
S. B. 428, Directing auditor issue warrants for payment of certain claims against state,
And,
S. B. 107, Creating sales tax holiday for back-to-school purchases,
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. 428 and S. B. 107) 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:
Com. Sub. for S. B. 496, Creating Motor Fuels Excise Tax Act,
And reports the same back, by unanimous vote of the Committee, with amendment, 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 (S. B. 496) will be placed on the Consent Calendar.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
Com. Sub. for S. B. 180, Providing for school construction on a cash basis,
And reports the same back, by unanimous vote of the Committee, with amendment, with
the recommendation that it do pass, as amended, and with the recommendation that second reference
of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 180) to the Committee
on Finance was abrogated.
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 S. B. 180) will be placed on the
Consent Calendar.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
Com. Sub. for S. B. 181, Relating to compulsory school attendance and home instruction,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 191, Relating to state-chartered credit union converting to federal or
another state charter,
S. B. 192, Relating to notice from certain bank holding companies,
Com. Sub. for S. B. 204, Relating to involuntary commitment generally,
Com. Sub. for S. B. 287, Authorizing various agencies within department of tax and revenue
to promulgate legislative rules,
Com. Sub. for S. B. 316, Authorizing various agencies within bureau of commerce to
promulgate legislative rules,
And,
S. B. 648, Relating to election laws generally,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that they each do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the bills (Com. Sub. for S. B. 191, S. B. 192, Com. Sub. for S. B. 204,
Com. Sub. for S. B. 287, Com. Sub. for S. B. 316 and S. B. 648) will be placed on the Consent
Calendar.
At the respective requests of Delegate Staton, and by unanimous consent, Com. Sub. for S.
B. 287, Com. Sub. for S. B. 316 and S. B. 648 were each taken up for immediate consideration,
read a first time and then ordered to second reading.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested S.
B. 648 be removed from the Consent Calendar and be placed upon the House 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. 189, Relating to approval of out-of-state bank applications to establish bank branches,
S. B. 190, Requiring more examinations for certain banks to track current practice with
federal regulators,
S. B. 337, Simplifying process for adoption of children from foreign countries,
And,
S. B. 381, Adding professional surveyors to professional limited liability companies,
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. 189, S. B. 190, S. B. 337 and S. B. 381) will
be placed on the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, Delegate Staton had requested S. B.
381 be removed from the Consent Calendar and be placed upon the House 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:
Com. Sub. for S. B. 39, Making false alarm felony in certain cases,
S. B. 342, Limiting time driver's license may be issued to certain non-citizens,
And,
S. B. 430, Providing additional restrictions on outdoor advertising,
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 (Com. Sub. for S. B. 39, S. B. 342 and S. B. 430)
will be placed on the Consent Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:
S. C. R. 45 - "Urging Congress provide additional funding from the Abandoned Mine
Reclamation Fund to finance future water projects in West Virginia."
Whereas, In 1977 the Surface Mining Control and Reclamation Act was enacted,
establishing an Abandoned Mine Reclamation Fund financed by a fee assessed on every ton of coal
mined for the purpose of restoring previously mined but unreclaimed lands; and
Whereas, To date over $6 billion has been collected from the coal industry to mitigate the
hazards associated with abandoned coal mine lands, such as dangerous highwalls, impoundments,
open mine portals and contaminated water supplies; and
Whereas, West Virginia has received almost $200 million from the Abandoned Mine
Reclamation Fund to finance the reclamation of abandoned coal mine land sites in the state, but the
Legislature is of the firm conviction that additional funding is vital to the success of future
reclamation and water projects within this state; and
Whereas, The discrepancy between fee collections and expenditures is widening, with
approximately $285 million collected in fiscal year 2001 but only $172 million appropriated; and
Whereas, A balance of $1.5 billion currently exists in the Federal Abandoned Mine
Reclamation Fund; and
Whereas, The threat to the health, safety and general welfare of coalfield citizens from the
hazards associated with abandoned coal mine sites is unacceptable and must be mitigated; and
Whereas, The expenditure of funds for abandoned mine reclamation projects not only enhances the coalfield environment but creates jobs in the construction of such projects; therefore,
be it
Resolved by the Legislature of West Virginia:
That Congress is hereby urged to provide additional funding from the Abandoned Mine
Reclamation Fund to finance future water projects in West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the United States House of Representatives, the United States Senate and each member
of the West Virginia congressional delegation.
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. 47 - "Requesting the Secretary of the Department of Transportation, the members
of the West Virginia congressional delegation, the President of the Senate and the Speaker of the
House of Delegates expedite the construction of an access road to the Beckley Veterans
Administration Medical Center."
Whereas, Thousands of veterans utilize the services of the Beckley Veterans Administration
Medical Center; and
Whereas, The patients, visitors and staff to the Beckley Veterans Administration Medical
Center currently must travel through two school zones and several residential areas to enter or exit
this facility; and
Whereas, Officials of the City of Beckley and local emergency service departments have
voiced concerns about the lone access and egress from this vital medical center; and
Whereas, An access road of approximately seven hundred feet, running from Robert C.
Byrd Drive (Route 16) to the Beckley Veterans Administration Medical Center, would provide
patients, staff and visitors a vitally needed, safe and easy access to the Medical Center; and
Whereas, The Secretary of the Department of Transportation has indicated to the Senate
Committee on Military that he agrees that such an access road is both needed and feasible; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Secretary of the Department of Transportation, the members of the West Virginia
congressional delegation, the President of the Senate and the Speaker of the House of Delegates
expedite the construction of an access road to the Beckley Veterans Administration Medical Center;
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, the members of the West Virginia
congressional delegation, the President of the Senate, the Speaker of the House of Delegates and the
West Virginia Veterans Coalition.
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. 48 - "Requesting the Governor, the Commissioner of the Division of Culture and
History, the Executive Coordinator of the Department of Administration and the Capitol Building
Commission work together to facilitate the construction of covered walkways and access ramps for
the purpose of providing easier access to the Capitol for handicapped persons."
Whereas, Access for handicapped persons to the Capitol, especially during the legislative
session, has become of increasing concern; and
Whereas, Since many legislators have offices in the east and west wings of the capitol
building, walking from the main capitol building to the east or west wing in inclement weather
exposes all persons to the elements; and
Whereas, These routes from the main capitol building to the east and west wings on the
second floor are without ramps for the access of wheelchair-bound, handicapped and elderly
persons; and
Whereas, Alternate routes for the handicapped from the main capitol building to legislative
offices on the second floors of the east and west wings are difficult, circuitous and long; and
Whereas, The existing routes on the second floor of the main capitol building to the east
and west wings should be made accessible for all citizens who visit their legislative representatives
or participate in the legislative process; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor, the Commissioner of the Division of Culture and History, the Executive
Coordinator of the Department of Administration and the Capitol Building Commission work
together to facilitate the construction of covered walkways and access ramps for the purpose of
providing easier access to the Capitol for handicapped persons; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Governor, the Commissioner of the Division of Culture and History, the Executive
Coordinator of the Department of Administration, the members of the Capitol Building Commission
and the West Virginia Veterans Coalition.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 79, Extending the Committee of Conference until March 6 for consideration of
Com. Sub. for H. B. 2122, relating to medical professional liability generally.
Resolutions Introduced
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. 82 - "Requesting the West Virginia Division of Highways to establish a 'Robert
L. Bradley, M.D., Ph.D., Brigadier General Memorial Highway'."
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 Legislature hereby requests the West Virginia Division of Highways to establish
and name the following portion of I-64 roadway the "Robert L. Bradley, M.D., Ph.D., Brigadier
General Memorial Highway":
Beginning at a point on Wayne CR 3/2 being Mile Post 0.00 to Mile Post 1.25, thence on CR
3/1 from Mile Post 0.09 to Mile Post 0.00, thence CR 3 from Mile Post 2.72 to Mile Post 3.68,
thence crossing the Wheeler Bridge to CR 5 Mile Post 1.15 to Mile Post 0.00, thence CR 7 from Mile Post 17.84 to Mile Post 16.70, thence CR 6 from Mile Post 0.00, thence CR 7 from Mile Post
17.84 to Mile Post 16.70, thence CR 6 from Mile Post 0.00 to Mile Post 1.26, thence CR 6/1 from
Mile Post 0.00 to Mile Post 1.54 at the Wayne County, Cabell County Line, thence following a
proposed new road known as "Spring Valley Connector, State Project X250-7/47-.0000" joining
with I-64 at Mile Post 6.74; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the Commissioner of the Division of Highways and the family of Dr.
Bradley.
Mr Speaker, Mr. Kiss, offered a concurrent resolution, which was read by its title as follows:
H. C. R. 83 - "Extending the Committee of Conference relating to consideration of Com.
Sub. for H. B. 2120, relating to workers' compensation generally."
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the
Committee of Conference is hereby extended for a period of three days, until March 7, 2003, for the
express purpose of consideration of matters of disagreement between the two houses as to Com.
Sub. for H. B. 2120.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H.
C. R. 83) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were taken (Roll
No. 347), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not
voting being as follows:
Absent And Not Voting: Coleman and Thompson, R. M..
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 83) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Petitions
Delegate Fragale presented a petition signed by two hundred thirty-seven residents of the
41st district, in opposition to S. B. 583, creating coal resource transportation road system; which was
referred to the Committee on the Judiciary.
Consent Calendar
Third Reading
S. B. 390, Removing requirement social security number appear on commercial driver's
license; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 348-349), 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: Caputo, Coleman and R. M. Thompson.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 390) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bill.
Special Calendar
Third Reading
Com. Sub. for S. B. 450, Creating automated tax administration system; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 350), 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: Caputo, Coleman and Thompson, R. M..
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 450) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows
Com. Sub. for S. B. 450 - "A Bill to amend chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated
article ten-c, relating to creation, development and funding of an automated tax administration
system; setting forth legislative findings and purpose; authorizing contracts to finance and acquire
automated tax administration system and associated products and services; requiring reports to joint
committee on government and finance; expiring authority to enter into certain contracts; specifying
methods of payment for system; requiring determination of increase in the amount of taxes, interest
and penalties collected which is attributable to successful implementation of the automated tax
administration system and reports; creating special revenue fund and providing amounts to be
deposited into fund; providing purposes for which moneys of the fund are to be expended; excluding
from deposit moneys derived for local or municipal subdivisions; requiring annual report; and repeal
of article."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Coleman and R. M. Thompson.
Conference Committee Report Availability
At 12:25 p.m., the Clerk announced the availability in his office of the report of the
Committee of Conference on Com. Sub. for H. B. 2122.
At 12:29 p.m., on motion of Delegate Staton, the House of Delegates recessed until 5:30 p.m.,
and reconvened at that time.
* * * * * * * * * *
Evening Session
* * * * * * * * * *
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
S. B. 646, Authorizing centers for economic development and technology advancement,
And reports the same back, by unanimous vote of the Committee, with 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 (S. B. 646) will be placed on the Consent Calendar.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
Com. Sub. for S. B. 522, Authorizing county boards of education to lease school property no longer needed,
And reports the same back, by unanimous vote of the Committee, with 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 (Com. Sub. for S. B. 522) will be placed on the
Consent Calendar.
On motion for leave, a resolution was introduced (Originating in the Committee on
Education and reported with the recommendation that it be adopted), which was read by its title, as
follows:
By Delegates Mezzatesta, Williams, Beach, Crosier, Fragale, Hartman, Long, Louisos,
Paxton, Perry, Poling, Renner, Shaver, Shelton, Stemple, Tabb, Swartzmiller, Duke,
Hamilton, Howard, Romine, Sobonya, Sumner, Wakim and Canterbury
:
H. C. R. 85 - "A Resolution directing the joint committee on government and finance to
make a study on the changing role of school counseling and the potential impact of counselors on
students in the public schools of the state."
Whereas, High quality school counseling programs impact student skills and facilitate
learning opportunities in an active and preventive manner that ensures all students can achieve
school success through academic, career and personal/social development experiences; and
Whereas, Counselors are specialists in child and adolescent development, school counselors
coordinate the objectives, strategies and activities of a comprehensive and developmental school
counseling program to meet the personal, social, educational and career development needs of all
students; and
Whereas, School counselors advocate for all students as they strive to meet the challenges and demands of the school system and prepare for the transition to options after high school; and
Whereas, School counselors call attention to situations in schools that are defeating or
frustrating students and thereby hindering their success; and
Whereas, School counseling programs empower students to overcome obstacles to school
achievement and ensure access to appropriate services for students with varying degrees of needs;
and, therefore, high quality school counseling services are essential for a thorough and efficient
system of schools wherein all students achieve optimal personal growth, acquire positive social
skills and values, set appropriate career goals and realize their full academic potential to become
productive, contributing members of the world community; and
Whereas, The counselor's role in the school is very complex and must address the student
needs through direct student contact, as well as through indirect services including developing and
implementing counseling-related events such as orientation and transition programs, financial aid
workshops, career and college planning processes, developmental guidance activities, preventive-
focused programs, and other student-centered activities, including, but not limited to, writing letters
of recommendation containing discriminate information, supervising the maintenance of student
records and maintaining accurate counseling case notes; and
Whereas, Today's student personal and social issues are continually changing and more
complex than ever before, the counselor must continually upgrade skills and knowledge to
successfully assist students with these needs that otherwise prohibit them from achieving academic
success and being prepared for the world of work, therefore, provisions must be made to encourage
counselors to continually seek advanced training to keep up with the ever-changing student
population; and
Whereas, A counselor must also serve as a parent, teacher, staff, and community support resource, a multi-task approach which calls for a serious look at counselor case loads and
certification requirements; and
Whereas, Parents, teachers and society expect school counselors to work directly with
students in a variety of ways to help them cope with complex student issues, the school counselor
cannot provide such services at appropriate levels unless student/counselor ratios are small enough
to allow counselors to address the needs of each individual student, leaving no child behind;
therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby directed to make a study on
the changing role of school counseling and the potential impact of counselors on students in the
public schools of the state; and be it
Further Resolved, That the study shall include, but is not limited to, consideration of the
following issues:
(1) Appropriate student/counselor ratios;
(2) Appropriate and inappropriate duties of the counselor;
(3) Advanced certification and the impact on student services;
(4) Comparison of the requirements for the national board for professional teaching
standards, national board for certified counselors, and licensed professional counselors, including
consideration of the Master's degree program requirements which is not a requirement of the
national board for professional teaching standards;
(5) The need for an evaluation tool of the school counselor and school counseling program
that awards schools for exemplary school counseling programs;
(6) The need for a coordinator at the state department of education, and appropriate supervision of counselors at the county level; and be it
Further Resolved, That said joint committee on government and finance shall conduct the
study and prepare a report of its findings, conclusions and recommendations together with drafts of
any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the joint committee on government and finance report to the regular
session of the Legislature, two thousand four, 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
draft necessary legislation be paid from legislative appropriations to the joint committee on
government and finance.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 213, Restricting actions brought by nonresidents in state courts,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 198, Creating presumption that assessed value of property is correct;
exception,
And,
Com. Sub. for S. B. 387, Increasing time to perfect liens for certain debts,
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 (Com. Sub. for S. B. 198 and Com. Sub. for S. B.
387) 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:
Com. Sub. for S. B. 329, Authorizing miscellaneous agencies and boards to promulgate
legislative rules,
And,
Com. Sub. for S. B. 354, Relating to operating or attempting to operate clandestine drug
laboratory; penalty,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that they each 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 bills (Com. Sub. for S. B. 329 and Com. Sub. for S. B.
354) will be placed on the Consent Calendar.
At the respective requests of Delegate Staton, and by unanimous consent, Com. Sub. for S.
B. 329 was taken up for immediate consideration, read a first time and then ordered to second
reading.
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. 388, Modifying requirements for titling and registration of imported vehicles,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 388) to the Committee on Finance was
abrogated.
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. 433, Relating to public employees insurance agency's cost-sharing and coverage plan,
And reports the same back, without recommendation as to its passage, but that it first be
referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 433)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
On motion for leave, bills were introduced (Originating in the Committee on Finance and
reported with the recommendation that they each do pass), which were read by their titles, as
follows:
By Delegates Michael, Anderson, Proudfoot, H. K. White, Boggs and Warner:
H. B. 3204 - "A Bill expiring funds to the unappropriated balance in the state fund, general
revenue, for the fiscal year ending the thirtieth day of June, two thousand four, in the amount of one million two hundred fifty thousand dollars from the insurance commissioner-insurance
commission fund, fund 7152, fiscal year 2004, organization 0704,"
And,
By Delegates Boggs, Frederick, Michael, Cann, Stalnaker and Doyle:
H. B. 3205 - "A Bill expiring funds to the unappropriated balance in the state fund, general
revenue, for the fiscal year ending the thirtieth day of June, two thousand four, in the amount of one
million two hundred fifty thousand dollars from the public service commission, fund 8623, fiscal
year 2004, organization 0926."
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 529, Creating institute for health care professionals and center for
nursing,
And reports the same back, with amendment, with the recommendation that the committee
substitute do pass, as amended.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2050, Budget Bill, making appropriations of public money out of the treasury in
accordance with section fifty-one, article six of the Constitution,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2050 - "A Bill making appropriations of public money out of the
treasury in accordance with section fifty-one, article VI of the constitution,"
With the recommendation that the committee substitute do pass.
Chairman Spencer, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 4th
day of March, 2003, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S.B. 165), Continuing commission for national and community service,
(S.B. 182), Meeting federal standards for certain child passenger seats and safety devices,
(S.B. 416), Continuing massage therapy licensure board,
And,
(S.B. 418), Continuing investment management board.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of
concurrent resolutions of the House of Delegates, as follows:
H. C. R. 22, Naming I-64 from the Virginia state line to the Kentucky state line, the "Purple
Heart Trail",
H. C. R. 28, Renaming the Barrackville Bridge on Route 21, in Marion County, the "Oce
Smith Bridge",
H. C. R. 29, Renaming the Mannington Bridge in Marion County, on Route 11, the "Regillo
Brothers Bridge",
And,
H. C. R. 31, Dedicating the Hough Street Bridge in Mannington, Marion County, in memory of Sammie W. Hunter.
At 5:53 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Wednesday, March 4, 2003.