__________*__________

Wednesday, February 26, 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 25, 2003, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing and considering a resolution.
Resolutions Introduced

Delegates Campbell, Canterbury and Manchin offered the following resolution, which was read by the Clerk as follows:
H. R. 18 - "Memorializing and honoring the life and work of Brack Campbell, father, grandfather, friend and former member of the House of Delegates."
Whereas, Brack Campbell was born on March 26, 1912, in Dawson, West Virginia, to the late John L. and Lillie Woollard Campbell and was the brother of James Richard Campbell of Keyser; and
Whereas, He worked for the West Virginia Department of Tax and Revenue before retiring as an auditor; and
Whereas, As a life-long resident and devotee of both Greenbrier County and West Virginia, he attended Smoot School, Alderson Junior College and Marshall College; and
Whereas, He aided his beloved community as a charter member of the Lewisburg Lions Club, a member of the Lewisburg Elks Lodge, and a charter member of the Rupert Rotary Club; and
Whereas, Brack Campbell was an adept scholar of history, particularly Greenbrier County history, and utilized this knowledge as a member of the Greenbrier County Historical Society; and
Whereas, Mr. Campbell loved West Virginia due to its rich history, natural beauty and colorful people. Because of this affection, he supported and bettered his state by serving in the West Virginia House of Delegates for two successive terms (1948 to 1949 and 1950 to 1951); and
Whereas, A strong supporter of the Democratic Party, he relished both politics and political discussion; and
Whereas, Brack Campbell is remembered with love and affection by his surviving family members: his two daughters - Marilyn Carney of Greenbrier County and Sue Moss of St. Albans; his brother, James Richard Campbell, who also served in the House; his nine grandchildren and ten great-grandchildren; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby expresses its collective sadness and regret at the passing of Brack Campbell, family man, former member of the House and ardent supporter of West Virginia.; and, be it
Further Resolved, That the Clerk of the House of Delegates be hereby directed to prepare a copy of this resolution for Mr. Campbell's surviving family members.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 18) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, Delegate Manchin demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 130), 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: Cann, Coleman and Mezzatesta.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 18) adopted.
Delegate Campbell asked and obtained unanimous consent that the remarks of Delegate Manchin regarding H. R. 18 be printed in the Appendix to the Journal.
Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. R. 16, Commemorating the passing of James W. Simonton, public servant, gentleman, lawyer and family man,
And reports the same back with the recommendation that it be adopted.
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation it do pass), which was read by its title, as follows:
H. B. 3196 - "A Bill to amend and reenact section four, article two-e, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, two and ten, article four of said chapter; to amend and reenact sections one-a, four and fourteen article five of said chapter; to further amend said article by adding thereto a new section, designated section one-d; and to amend and reenact section two, article five-a of said chapter, all relating to improving the administration and management of the public schools; providing for information on school report cards and flexibility in method of delivery to parents; clarifying appointment of county superintendent and changing latest date for appointment; clarifying status as teacher following term; permitting residence in contiguous county; replacing requirements for physical exam with tuberculin skin test; requiring certain reporting to board by superintendent on certain matters; providing for certain advisory opinions by ethic commission and specifying effect of reliance upon them by board members, members elect and persons seeking office; specifying additional training for board members and options for crediting time; requiring certain studies by county boards and providing for reports; authorizing boards to compensate members for service on certain boards within certain limits; clarify authority to meet in locations in county subject to proper notice; providing for alternate requirements for annual meeting with members of local school improvement councils and providing for structure and agenda providing for report forms; providing for information requests, additional meetings and consultations; allowing additional time for county report to state board; providing for annual review of certain county policies; limiting parent members of local school improvement councils who may by employed at the school; providing limit on time for filling council vacancies; providing for certain information to be provided to council at organizational meeting; providing for annual council meetings with county and submission of written information; and authorizing state board to solicit and contract for orientation training for council members."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3196) was taken up for immediate consideration, read a first time and ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3077, Authorizing the tax commissioner to enter into agreements with the internal revenue service for offsetting tax refunds against tax liabilities,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3077) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a was placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2869, Relating to the creation, development and operation of an automated tax administration system,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2869 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten-c, relating to creation, 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 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 monies of the fund to be expended; excluding from deposit moneys derived for local or municipal subdivisions; requiring annual report; and repeal of article,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2869) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a was placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2237, Adding a magistrate in Wood County,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2237 - "A Bill to amend and reenact section two, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to adding one magistrate each to those serving in Monongalia and Wood Counties,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2237) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a was placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2436, Making the state's criminal and penalty laws applying to the use and display of beer and alcoholic beverages in motor vehicles to conform to federal law,
And reports back a committee substitute therefor, by unanimous consent of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2436 - "A Bill to amend chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article five-c; all relating to conforming the motor vehicle law of this state to the requirements of section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century (23 U.S.C. 154), as amended, which requires states to enact and enforce a law that prohibits the consumption of an alcoholic beverage or the possession of an open alcoholic beverage container in the passenger area of a motor vehicle that is located on a public highway or the right-of-way adjacent to a public highway,"
H. B. 2753, Prohibiting participation in animal fighting ventures and making violations a felony,
And reports back a committee substitute therefor, by unanimous consent of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2753 - "A Bill to amend and reenact section nineteen-a, article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto one new section, designated section nineteen-b, all relating to animal fighting; making it a felony to be involved in specifically defined animal fighting ventures; providing a penalty for violations; making it a misdemeanor to attend an animal fight and providing a penalty therefor,"
And,
H. B. 2760, Authorizing motor carrier inspectors designated by the PSC to enforce all traffic laws and rules of the road with respect to commercial motor vehicles,
And reports back a committee substitute therefor, by unanimous consent of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2760 - "A Bill to amend article seven, 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 seven, relating to authorizing employees of the public service commission designated as motor carrier inspectors to enforce the provisions of chapter seventeen-c of the code; requiring training; and authorizing those inspectors to use radar to measure and indicate or record the speed of motor vehicles for use as prima facie evidence,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2436, Com. Sub. for H. B. 2753 and Com. Sub. for H. B. 2760) were each taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a was placed on the Consent Calendar.
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 25'th day of February, 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:
(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,
(H. B. 2778), Continuing the West Virginia state police,
And,
(H. B. 2803), Continuing the board of barbers and cosmetologists.
Resolutions Introduced

Mr. Speaker, Mr. Kiss, and Delegates Campbell, Michael, Mezzatesta, Warner, Varner, Williams, Beane, Ennis, R. M. Thompson, Pino, Kominar, Staton, Tucker and Hall offered the following resolution, which was read by its title and referred to the Committee on Finance:
H. C. R. 58 - "Providing for the issuance of bonds pursuant to article eight, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, in an amount not to exceed three billion nine hundred million dollars."
Resolved by the Legislature of West Virginia:
That bonds authorized by article eight, chapter twelve of the code of West Virginia in the principal amount not to exceed three billion nine hundred million dollars are authorized to be sold by the Governor during the fiscal year ending the thirtieth day of June, two thousand three and during each fiscal year thereafter, but no bonds, other than refunding bonds issued pursuant to section nine, article eight, chapter twelve thereof may be sold after the fourteenth day of February, two thousand eight.
The terms of the bonds shall be those set forth by the Governor, either in the executive order authorizing the issuance of the bonds or by the execution and delivery by the governor of a trust indenture or agreement authorized in such executive order, and within that executive order or trust indenture or agreement the Governor shall stipulate the form of the bonds, whether the bonds are to be issued in one or more series, the date or dates of issue, the time or times of maturity, which shall not exceed the longest remaining term of the current amortization schedules for the unfunded actuarial accrued liability, the rate or rates of interest payable on the bonds, which may be at fixed rates and which interest may be current interest or may accrue, the denomination or denominations in which the bonds are issued, the conversion or registration privileges applicable to some or all of the bonds, the sources and medium of payment and place or places of payment, the terms of redemption, any privileges of exchangeability or interchangeability applicable to the bonds, and the entitlement of obligation holders to priorities of payment or security in the amounts deposited in the pension liability redemption fund. The terms of the bonds shall require that for a period of no less than five years from the date of issuance of the bonds, the aggregate of each year's annual pension liability redemption payments as defined in section three, article eight, chapter twelve of the code of West Virginia shall be no less than the aggregate of that year's projected annual contribution to each of the affected systems as set forth in the amortization schedules stated in the actuarial valuations of the affected systems as of the first day of July, two thousand two, that were prepared at the request of and delivered to the West Virginia Consolidated Public Retirement Board in December, two thousand two, by its actuarial consultants. Bonds shall be signed by the Governor and attested by the Secretary of State, by either manual or facsimile signatures.
The Governor shall sell these bonds at such time or times, in such amounts, not exceeding the aggregate principal sum of three billion nine hundred million dollars, at such prices as he may determine necessary to provide funds for the purpose of redeeming a previous liability of the state by funding all or a portion of the aggregate of the unfunded actuarial accrued liabilities of the Judges' Retirement System, the Death, Disability and Retirement Fund of the Department of Public Safety, and the Teachers Retirement System of the state and funds for the issuance costs of the bonds, which bonds shall be payable from and secured by moneys deposited in the pension liability redemption fund.
Before the sale of any bonds authorized herein and before signing any bonds, the Governor shall first make a written finding and deliver a copy in writing of that finding to the State Treasurer, the Secretary of State, the Speaker of the House of Delegates, and the President of the Senate that: (i) The true interest cost of the bonds is at least thirty basis points less than the assumed actuarial interest rate used to calculate the unfunded actuarial accrued liability; and (ii) that the issuance of the bonds will not in any manner cause a down grade or reduction in the state's general obligation credit rating by standard bond rating agencies. Before the sale of any bonds authorized herein and before the Governor may sign the bonds, the investment management board shall prepare and provide to the Governor, the State Treasurer, the Secretary of State, the President of the Senate, and the Speaker of the House of Delegates a report detailing the board's plan of investment for the proceeds of bonds that are sold.
The maximum costs associated with the issuance of bonds, excluding fees for bond insurance, credit enhancement and liquidity facilities, plus underwriter's discount and any other costs associated with the issuance may not exceed, in the aggregate, the sum of one percent of the aggregate principal amount of bonds issued, the payment of such costs to be subject to final approval by the review committee established pursuant to section four, article eight, chapter twelve of the code of West Virginia.
The issuance of the bonds shall comply with the provisions of the Code of West Virginia. The proceeds from the sale of bonds, other than refunding bonds, issued pursuant to article eight, chapter twelve of the Code of West Virginia, after payment of any costs payable at time of issuance of such bonds, shall be paid to the Consolidated Public Retirement Board to redeem the unfunded actuarial accrued liability described herein, which is a previous liability of the state, by funding the amount of the unfunded actuarial accrued liability provided for by such bonds, and allocated on a pro rata basis among the affected systems in accordance with the percentage each system's unfunded actuarial accrued liability to bears to the aggregate of the affected systems' unfunded actuarial accrued liability as set forth in the amortization schedules stated in the actuarial valuations of the affected systems as of the first day of July, two thousand two, that were prepared at the request of and delivered to the West Virginia Consolidated Public Retirement Board in December, two thousand two, by its actuarial consultants.
Petitions

Delegates Pino and Perry presented a petition, signed by two hundred sixty residents of Fayette County, in support of S. B. 56 and H. B. 2142, prohibiting insurers from requiring persons covered under a contract to obtain prescription drugs from a mail-order pharmacy under certain circumstances; which was referred to the Committee on Banking and Insurance.
Delegate Susman presented a petition, signed by one hundred forty-five residents of the 27th District, in support of H. B. 2884, empowering family members and residents in nursing homes by requiring a nursing home to publicly post staffing information and granting rights to family councils; which was referred to the Committee on Health and Human Resources.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
S. B. 164, Continuing office of coalfield community development,
S. B. 166, Continuing oil and gas inspectors' examining board,
S. B. 414, Authorizing real estate commission to enter into license reciprocity agreements with other states,
S. B. 415, Continuing environmental quality board,
S. B. 417, Continuing commission for deaf and hard-of-hearing,
S. B. 461, Updating section of corporation net income tax act for federal income tax purposes,
S. B. 462, Updating certain terms in personal income tax act for federal income tax purposes,
S. B. 469, Continuing contractor licensing board,
S. B. 471, Continuing board of pharmacy,
Com. Sub. for H. B. 2003, Allowing municipalities to self-insure together and promulgation of rules by the Commissioner of Insurance,
Com. Sub. for H. B. 2126, Strengthening penalties relating to violations of fire laws and rules,
Com. Sub. for H. B. 2357, Authorizing the aeronautics commissioner to expense funds,
Com. Sub. for H. B. 2500, Clarifying the authority of the courts to continue protective orders during certain proceedings,
Com. Sub. for H. B. 2733, Increasing funds in the special revenue accounts for the criminal investigation division and the special audits division,
Com. Sub. for H. B. 2868, Allowing alcohol beverage control commissioner to enter into contracts for sale and promotion of certain proprietary scanner technology,
And,
H. B. 3188, Conditions for obtaining driver's license, denial, revocation and limitation on reinstatement of the same.
On the passage of the bills, the yeas and nays were taken (Roll No. 131-147), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (S. B. 164, S. B. 166, S. B. 414, S. B. 415, S. B. 417, S. B. 461, S. B. 462, S. B. 469, S. B. 471, Com. Sub. for H. B. 2003, Com. Sub. for H. B. 2126, Com. Sub. for H. B. 2357, Com. Sub. for H. B. 2500, Com. Sub. for H. B. 2733, Com. Sub. for H. B. 2868 and H. B. 3188) passed.
Delegate Staton moved that S. B. 461 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 148), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 461) takes effect from its passage.
Delegate Staton then moved that S. B. 462 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 149), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 462) takes effect from its passage.
Delegate Staton moved that Com. Sub. for H. B. 2733 take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 150), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2733) takes effect July 1, 2003.
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 on those bills requiring the same.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to third reading:
S. B. 284, Continuing division of purchasing within department of administration,
And,
S. B. 470, Continuing board of manufactured housing construction and safety.
H. B. 2118, Adjusting the retirement benefits for all members of the West Virginia state police retirement system; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Pensions and Retirement, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything following the enacting clause and inserting in lieu thereof the following:
"That twelve, article two-a, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-12. Awards and benefits to dependents of member - When member dies in performance of duty, etc.; dependent child scholarship and amount.

The surviving spouse, the dependent child or children or dependent parent or parents of any member who has lost or shall lose his or her life by reason of injury, illness or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of members while the member was or shall be engaged in the performance of his or her duties as a member of the division, or the survivor of a member who dies from any cause after having been retired pursuant to the provisions of section nine of this article, shall be entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime, one or the other of two amounts, which shall become immediately available and which shall be the greater of:
(1) An amount equal to seven eight tenths of the base salary received in the preceding twelve-month employment period by the deceased member: Provided, That if the member had not been employed with the division for twelve months prior to his or her death, the amount of monthly salary shall be annualized for the purpose of determining the benefit; or
(2) The sum of six ten thousand dollars.
In addition thereto, the surviving spouse shall be entitled to receive and there shall be paid to such person one hundred fifty dollars monthly for each dependent child or children. If the surviving spouse dies or if there is no surviving spouse, there shall be paid monthly to each dependent child or children from the fund a sum equal to one fourth third of the surviving spouse's entitlement. If there is no surviving spouse and no dependent child or children, there shall be paid annually in equal monthly installments from the fund to the dependent parents of the deceased member during their joint lifetimes a sum equal to the amount which a surviving spouse, without children, would have received: Provided, That when there is but one dependent parent surviving, that parent is entitled to receive during his or her lifetime one half the amount which both parents, if living, would have been entitled to receive.
Any person qualifying as a surviving dependent child under this section shall, in addition to any other benefits due under this or other sections of this article, be entitled to receive a scholarship to be applied to the career development education of that person. This sum, up to but not exceeding seven thousand five hundred dollars, shall be paid from the fund to any university or college in this state or to any trade or vocational school or other entity in this state approved by the board, to offset the expenses of tuition, room and board, books, fees or other costs incurred in a course of study at any of these institutions so long as the recipient makes application to the board on an approved form and under such rules as the board may provide and maintains scholastic eligibility as defined by the institution or the board. The board may by appropriate rules define age requirements, physical and mental requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary and not inconsistent with this section.
Awards and benefits for a surviving spouse or dependents of a member received under any section or any of the provisions of this retirement system shall be in lieu of receipt of any benefits for these persons under the provisions of any other state retirement system. Receipt of benefits under any other state retirement system shall be in lieu of any right to receive any benefits under this retirement system, so that only a single receipt of state retirement benefits shall occur."
The bill was then ordered to engrossment and third 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. 2194, Reimbursement to police agencies for training and certification costs
Com. Sub. for H. B. 2438, Allowing teachers who withdrew from the teachers retirement system in favor of the defined contribution retirement system to return to the teachers retirement system,
Com. Sub. for H. B. 2592, Authorizing the department of administration to promulgate legislative rules,
Com. Sub. for H. B. 2599, Authorizing the department of education and the arts to promulgate legislative rules,
Com. Sub. for H. B. 2615, Authorizing the department of military affairs and public safety to promulgate legislative rules,
Com. Sub. for H. B. 2648, Authorizing the department of transportation to promulgate legislative rules,
Com. Sub. for H. B. 2713, Authorizing corporations incorporated under the laws of states other than West Virginia to apply for, obtain and maintain a certificate of authority to operate a health maintenance organization,
H. B. 2731, Providing dedication of a portion of pari-mutuel proceeds be utilized to fund employee retirement plans at certain racing facilities,
Com. Sub. for H. B. 2910, Establishing an "Amber Alert" system to be utilized to rapidly disseminate information with regard to abducted and missing children,
H. B. 2991, Relating to the fee charged by fiduciary commissioners in settling an estate
H. B. 3019, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state,
H. B. 3045, Implementing the Master Tobacco Settlement Agreement,
Com. Sub. for H. B. 3074, Allowing a retired member of the teachers retirement system to be re-employed on a contract basis,
And,
H. B. 3150, Barring state officers, agencies or entities from requiring that surety, payment, performance or bid bonds be obtained from any particular company.
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. 2358, Allowing farm wineries to manufacture, serve and sell dessert, port, sherry and Madeira wines as well as table wines,
Com. Sub. for H. B. 2625, Authorizing the department of health and human resources to promulgate legislative rules,
H. B. 2866, Relating to construction financing for surface transportation improvements through federal grant anticipation notes,
H. B. 3027, Authorizing the tax commissioner to waive tax, interest and penalties in specified circumstances which are otherwise imposed on uncompensated members of the governing board or board of directors of certain tax exempt organizations,
H. B. 3062, Authorizing stockholders of closely held corporations to file suit for partition of real estate owned by the corporation when the real estate is the only substantial asset of the corporation,
H. B. 3084, Restructuring the support enforcement commission in the areas of membership, duties and powers,
H. B. 3190, Relating to the titling and ownership of property for area vocational education programs,
H. B. 3191, Repealing the code relating to the governor's office of fiscal risk analysis and management,
H. B. 3192, Abolishing the existing science and technology council and establishing a new academy of science and technology,
H. B. 3193, Relating to reports on school attendance for purposes of accountability and excluding certain absences,
H. B. 3194, Relating to updating fee structure provisions,
And,
H. B. 3195, Changing agency termination dates pursuant to West Virginia sunset law.
The Clerk announced that, pursuant to House Rule 70a, Delegate Staton had requested Com. Sub. for H. B. 2358 be removed from the Consent Calendar and be placed upon the House Calendar.
Special Calendar

Unfinished Business

H. C. R. 13, Continuing the study on the current foster care system in West Virginia; coming up in regular order, as unfinished business, was reported 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.
H. C. R. 42, Requesting the United State Congress to enact and fully fund navigation needs on our Nation's rivers; coming up in regular order, as unfinished business, was reported 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.
H. C. R. 56, Requesting a study on the grievance procedures for public school employees; coming up in regular order, as unfinished business, was reported 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.
H. C. R. 57, Requesting a study on school transportation; coming up in regular order, as unfinished business, was reported 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.

Third Reading

H. B. 2528, Establishing a flood prevention task force by law; on third reading, coming up in regular order, was reported by the Clerk.
Delegate Beane asked and obtained unanimous consent that the rule be suspended to permit the offering and consideration of an amendment on third reading.
On motion of Delegates Beane and Kuhn, the bill was then amended on page three, section fifteen, line fourteen, by striking out the words "division of environmental protection" and inserting in lieu thereof the words "department of environmental protection".
On page five, section fifteen, line seventy-two, by striking out the words "The county, municipal and citizen members shall be entitled to reimbursement for expenses, including traveling expenses necessarily incurred in the discharge of their duties as members of the task force."
And,
On page six, section fifteen, line eighty-four, following the word "Request" by inserting the word "federal".
There being no further amendments, and having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 151), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2528) passed.
An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2528 - "A Bill to amend article twenty-one-a, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifteen, relating to creating the West Virginia flood protection task force to help coordinate federal, state and local governmental response to flooding; membership; powers and duties; creating an advisory panel; membership; powers and duties; meetings; and sunset provision."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2765, Relating generally to insurance vending machines; 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. 152), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2765) passed.
An amendment to the title of the bill, recommended by the Committee on Banking and Insurance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2765 - "A Bill to repeal section twenty-six, article twelve, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections three, eight, ten, twenty-eight and thirty-two, of said article; to amend and reenact section thirteen, article three of said chapter; to amend and reenact section eighteen, article four of said chapter; to amend and reenact section two, article twenty-one of said chapter; to amend and reenact sections two and thirty-three, article twenty-three of said chapter; to amend and reenact section four, article twenty-four of said chapter; to amend and reenact section twenty-six, article twenty-five-d of said chapter; and to amend and reenact section twenty-one, article thirty-two of said chapter, all relating to insurance agents, brokers, solicitors, insurers and certain health service businesses; vending machines; clarifying license requirement for insurance producers; increasing continuing education requirements; clarifying fees charged; limiting the issuance of service representative licenses and defining who is a limited licensee for rental companies; and correcting certain references in the chapter to article twelve and excess line brokers."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2965, Authorizing the division of corrections and the state fire marshal to retire, transfer or dispose of canines used within these departments; 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. 153), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for 2965) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3014, Relating generally to "Main Street Fairness Act of 2003"; 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. 154), and there were--yeas 91, nays 8, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Armstead, Hall, Leggett, Louisos, Overington, Schoen, Walters and Webb.
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for 3014) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

S. B. 283, Continuing public service commission; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2056, Creating the Great Family Literacy Act and establishing a voluntary checkoff on income tax returns to help fund the program; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Michael, the bill was amended on page two, section nine-b, line ten, following the word "a" by striking out the word "non-appropriated";
And,
On page three, section nine-b, line fifteen, following the word "and" by inserting the word "public".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2083, Expanding personnel covered by job sharing in the school system; 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. 2679, Authorizing certain counties to count absentee ballots during election period; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Trump, the bill was amended on page twelve, section nine, line sixteen, following the word "committee" by changing the period to a colon and inserting in lieu thereof the following: "Provided, however, That if it chooses to do so, the committee may by motion or resolution authorize the chairpersons of the fifty-five county executive committees to be full voting members of the state executive committee as well."
The bill was then ordered to engrossment and third 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:
Com. Sub. for H. B. 2715, Modernizing the regulation of surplus lines insurers by enactment of the NAIC non-admitted insurance model act,
Com. Sub. for H. B. 2744, Eliminating the exemption for government employees performing electrical work on governmental property from having to possess an electrician's license,
And,
H. B. 2797, Authorizing the DMV to reimburse members of the motor vehicle dealer advisory board and the motorcycle safety awareness board for necessary expenses.
Com. Sub. for H. B. 2818, Authorizing the county commissions of growth counties to include the transfer of development rights as part of a zoning ordinance; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Staton, and by unanimous consent, the bill was advanced to third reading, and the rule was suspended to permit the offering and consideration of an amendment by Delegate Overington on that 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. 2961, Limiting idling of school bus engines for more than five minutes except for certain reasons,
Com. Sub. for H. B. 3046, Facilitating compliance with and enforcement of provisions of the Tobacco Master Settlement Agreement,
And,
H. B. 3189, Reducing the total tax credits available under the capital company act during the fiscal year beginning on the first day of July, two thousand three.
First Reading

The following bills and joint resolution on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. J. R. 6, Increase of Terms of Members of the Legislature Amendment,
S. B. 112, Allowing farm wineries to manufacture, serve and sell certain wines,
Com. Sub. for H. B. 2456, Allowing persons to defend their family, other persons, dwellings and valuable property with deadly force without being exposed to civil liability,
Com. Sub. for H. B. 2828, Increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees,
Com. Sub. for H. B. 2863, Formulating a process in which to project the net enrollment in growth counties,
Com. Sub. for H. B. 2967, Prohibiting discrimination in providing access to public accommodations because of means of a person's transportation or insignia on clothing,
Com. Sub. for H. B. 3035, Excluding PROMISE scholarship applicants if they receive ten thousand dollars or more from family contributions,
And,
Com. Sub. for H. B. 3115, Instituting a "Celebrate Freedom Week" and requiring the instruction in the study of the Declaration of the Independence and other founding American historical documents.
Conference Committee Report

Delegate Beane, from the Committee of Conference on matters of disagreement between the two houses, as to
Com. Sub. for H. B. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons therefor,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to Com. Sub. for H. B. 2121 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the Senate, striking out everything following the enacting clause, and agree to the same as follows:
That the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new chapter, designated chapter seventeen-f, to read as follows:

CHAPTER 17F. ALL-TERRAIN VEHICLES.

ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator.
(a) No all-terrain vehicle may be operated in this state:

(1) On any interstate highway except by public safety personnel responding to emergencies;
(2) On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street or highway, if:
(A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(C) The operator yields his or her right of way to all oncoming traffic that constitutes an immediate potential hazard; and,
(D) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped.
(3) Unless riders under the age of eighteen are wearing protective helmets that meet the current performance specifications established by the American National Standards Institute Standard, Z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell Safety Standards for Protective Headgear for Vehicle Users;
(4) Anytime from sunset to sunrise without an illuminated headlight or lights and tail lights;
(5) Without a manufacturer-installed or equivalent spark arrester and a manufacturer- installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system; or
(6) Unless operating in compliance with the provisions of section two of this article.
(b) Any person not exempted by the provisions of this article who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
(c) Notwithstanding any provision of this chapter to the contrary, an all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder or as close as possible to the edge of any road, street or highway, other than an interstate highway for a reasonable distance, if:
(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(2) If operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.
(d) For purposes of subsection (c) of this section, the reasonable distance which may be traveled for the sole purpose of getting from one trail, field or area of operation to another upon the shoulder or as close as possible to the edge of any road, street or highway, other than an interstate highway, shall not exceed that distance as established for farm use vehicles.
(e) Notwithstanding the provisions of this chapter to the contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain paved roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, or for specified purposes, or in emergencies.
§17F-1-2. Safety training.
(a) On and after the first day of July, two thousand three, the commissioner of motor vehicles shall offer a free all-terrain vehicle rider safety training course, and may approve other free all- terrain vehicle rider safety training courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer free safety training course materials to authorized dealers of all-terrain vehicles, for use by purchasers and potential purchasers free of charge.
(b) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all- terrain vehicles to issue the certificates of completion.
(c) On and after the first day of July, two thousand three, no person under the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider training course as offered or approved by the commissioner.
§17F-1-3. Local government authority to regulate.
(a) A municipality may regulate in any manner, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.
(b) Homeowner associations may petition the county commission of the county in which the area regulated by the homeowner association is located for an ordinance to regulate or prohibit the operation of all-terrain vehicles upon any street, road or avenue within the area regulated by the homeowner association. County commissions are hereby authorized, upon receipt of a petition authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the operation of all-terrain vehicles.
§17F-1-4. All-terrain vehicle rental dealers required to provide safety equipment.

Any person or entity renting or leasing all-terrain vehicles for recreational purposes must provide protective helmets as defined by the provisions of subdivision three, subsection a, section one of this article, to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the age and identity of the users of the all- terrain vehicle must be disclosed to the person or entity providing the rented or leased vehicle.
§17F-1-5. Private property exemption.
The provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned or leased by the vehicle owner or on private lands of others with the owner's permission.
§17F-1-6. Exemption for farm and commercial use.

Nothing in this article may be construed to preclude the use or operation of all-terrain vehicles for lawful nonrecreational commercial purposes, including but not limited to farm use, oil and gas operations, timbering, surveying and public utilities access.
And,
That both houses recede from their respective positions as to the title of the bill and agree to the same as follows:
Com. Sub. for H. B. 2121 - "A Bill to amend the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new chapter, designated chapter seventeen-f, relating to the regulation of all-terrain vehicles; prohibiting operation on interstate highways; prohibiting operation on center-lined roads or roads with more than two lanes; exceptions to prohibition; prohibiting riders under the age of eighteen without a helmet; providing for penalties for violations; requiring safety training; providing for regulation by local government authority; requiring rental dealers to provide safety equipment; providing exemption for private property; and providing exemption for farm and commercial use."
Respectfully submitted,
J. D. Beane,
Mike Ross,

Earnie Kuhn,
Anita Caldwell,

Otis Leggett,
Karen Facemyer

Conferees on the part
Conferees on the part

of the House of Delegates.
of the Senate.

Delegate Beane moved that the report of the Committee of Conference be adopted.
Delegate Trump arose to a point of order concerning the report of the Committee of Conference, stating his belief that the report was not proper under Joint Rule 3 of the House and Senate, inasmuch as it went beyond issues which were in disagreement between the two houses, specifically the omission of language not in disagreement between the two houses which gave municipalities, counties and political subdivisions the authority to regulate the operation of All- Terrain Vehicles upon roads, streets and highways within their jurisdictions.
To the point of order the Speaker replied, stating that the substantive language between the two houses in the area of jurisdiction was different in the House and Senate versions, that this difference was an item subject to disagreement between the two houses, and that, as a result, the Conference Committee could decide to adopt neither the concept of jurisdiction nor either house's specific language relating thereto.
The Speaker ruled the point of order by Delegate Trump not well taken, and further stated that in his opinion the provision of Joint Rule 3 concerning matters in disagreement had been appropriately complied with by the Committee of Conference.
On this motion, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 155), and there were--yeas 74, nays 25, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Blair, Brown, Calvert, Carmichael, Caruth, Duke, Evans, Faircloth, Frich, Hall, Hartman, Hatfield, Howard, Overington, Schadler, Smirl, Sobonya, Sumner, Talbott, Trump, Wakim, Walters and Webb.
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the report of the Committee of Conference was adopted.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 156), and there were--yeas 92, nays 7, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Blair, Calvert, Evans, Schadler, Sumner, Trump and Wakim.
Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2121) passed.
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, leave of absence was granted Delegate Coleman.
Miscellaneous Business

Delegate Carmichael asked and obtained unanimous consent that the remarks of Delegate Trump regarding the passage of Com. Sub. for H. B. 2121 be printed in the Appendix to the Journal.
At 1:02 p. m., on motion of Delegate Staton, the House of Delegates recessed until 5:00 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 Ennis, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 3049, Waiving the requirement that a training course in handling and firing handguns must be completed prior to the issuance of a concealed weapons permit for veterans who served during a period of armed conflict,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3049) 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 the Judiciary.
On motion for leave, a resolution was introduced (Originating in the Committee on Finance and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Michael, Doyle, Leach, Campbell, Proudfoot, Ashley, R. M. Thompson, Anderson, H. White, Carmichael, Mezzatesta, Stalnaker, Frederick, Houston, Evans, Hall, Susman, G. White, Browning, Border, Warner, Boggs and Varner:

H. C. R. 59 - "Requesting the Joint Committee on Government and Finance conduct a study of newborn screenings related to the detection and control of hemoglobinopathies and other diseases that are usually associated with mental retardation and other severe health problems."
Whereas, A number of serious inherited disorders can be identified in the first few days after birth; and
Whereas, Early treatment will prevent physical disability, mental retardation and, in some cases, death; and
Whereas, Inborn errors of body chemistry can be detected in newborns through screening tests requiring a small amount of blood; and
Whereas, West Virginia currently provides screening for PKU, Congenital Hypothyroidism, Galactosemia and hearing for all newborns; and
Whereas, A minimum of ten core newborn screens are recommended for all newborns; and
Whereas, West Virginia is committed to make every effort to provide appropriate testing to newborns; therefore, be it
Resolved by the House of Delegates:
That the Legislature hereby requests the Joint Committee on Government and Finance conduct a study on this issue with consideration of recommended infant screening tests, the costs and the sources of payment with participation by representatives from the state laboratory, the Office of Maternal Child Health, the Medicaid agency and community advocates; 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 the legislative appropriations to the Joint Committee on Government and Finance.
Chairman R. M. Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 3089, Modifying various requirements of financial institutions notifying the real estate commission in certain circumstances,
And reports the same back, by unanimous vote of the Committee, with a title amendment, with the recommendation that it do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 3089) to the Committee on the Judiciary was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3089) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman R. M. Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 3120, Excluding mortgage brokers from the credit services organization act and establishing additional consumer protections in the mortgage brokers licensing act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3120) 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 the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 3088, Authorizing the insurance commissioner to require nonresident excess line brokers to remit the surcharge on fire and casualty insurance policies,
And reports the same back, by unanimous vote of the Committee, with a title amendment, with the recommendation that it do pass, and with the recommendation that second reference to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 3088) to the Committee on Finance was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3088) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 3047, Relating to insurance policies generally,
And reports the same back, by unanimous vote of the committee, with a title amendment, with the recommendation that it do pass, as amended, but that is first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3047) 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.

Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 3105, Eliminating the interest payment on any untimely provider paid claims for health care services if the amount of interest is less than one dollar,
S. B. 358, Relating to re-domestication of domestic insurance companies,
S. B. 400, Allowing insurance commissioner to disclose confidential information in certain cases,
And,
S. B. 486
, Requiring certified public accountant to notify insurer's board or audit committee of adverse financial condition,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, H. B. 3105 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 the Judiciary.
In accordance with the former direction of the Speaker, S. B. 358, S. B. 400, and S. B. 486 were each referred to the Committee on the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and **reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Leach, Michael, Mezzatesta, Varner, Anderson, G. White and Browning:

H. B. 3197 - "A Bill to amend article five-e, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section designated section nine-e, relating to the use of federal funds for youth in the custody of the division of juvenile services; requiring state plans and memoranda of understanding; and exempting the division of juvenile services from the review process required when obtaining a certificate of need."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3197) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates G. White, Mezzatesta, Leach, Varner, Stalnaker and Proudfoot:
H. B. 3198 - "A Bill to amend and reenact article twenty-two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eighteen-d, relating to certification and contingent certification of certain economic development, capital improvement and infrastructure projects as eligible for public financial support; revocation of certification; civil action bond; conflicts of law; and circumstances under which bonds may not be sold."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3198) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2115, Increasing the amount available from the consolidated fund as a revolving loan to the West Virginia economic development authority,
H. B. 2117, Creating a "sales tax holiday" for purchase of back-to-school clothing and supplies during a three day period in the beginning of August, 2003,
H. B. 2119, Increasing the rate of the tax on cigarettes,
H. B. 2363, Authorizing the tax commissioner to suspend a business registration certificate if any business neglects to pay real property taxes thirty days after the delinquent tax list is published,
H. B. 2521, Establishing a school psychologist internship program,
H. B. 2692, Including boat retailers in the special method for appraising dealer vehicle inventory,
H. B. 2867, Relating to transfers of unappropriated net profit between state lottery fund and state excess lottery fund,
H. B. 2921, Providing an exemption for sales and services provided by licensed mortgage brokers from the consumer sales and service tax,
H. B. 2971, Changing the point at which gasoline and special fuel is taxed,
H. B. 2985, Requiring eight hours annually of dementia specific training for staff in nursing homes and personal care homes,
H. B. 3032, Relating to setting forth purpose of the consolidated public retirement board,
H. B. 3044, Relating to sales tax increment financing,
H. B. 3135, Providing that the reduction in the tax rate provided in this section applies to mines operating before the effective date of the applicable provision,
H. B. 3182, Requiring proposals from attorneys to collect workers' compensation premiums to be on both an hourly and a contingent fee basis,
And,
H. B. 3186, Imposing a tax on railroads on fees collected from public and quasi-public utilities,
And reports the same back without recommendation.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 2115, H. B. 2117, H. B. 2119, H. B. 2363, H. B. 2521, H. B. 2692, H. B. 2867, H. B. 2921, H. B. 2971, H. B. 2985, H. B. 3032, H. B. 3044, H. B. 3135, H. B. 3182 and H. B. 3186) were taken up for immediate consideration, read a first time, ordered to second reading and then, in the absence of objection, recommitted to the Committee on Finance.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 3068, Empowering public service districts to enter into agreements for engineering, design or feasibility studies without the prior approval of the public service commission,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for 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,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 3068) to the Committee on the Judiciary was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 3068) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 3099, Relating to the compensation of sheriffs, county clerks and circuit clerks,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3099) 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 the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 3037, Mandating that an apprentice fireman be terminated from employment following three unsuccessful attempts at passing an apprentice examination,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 3037) to the Committee on the Judiciary was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3037) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2795, Authorizing process servers under the authority of a county sheriff to carry a firearm provided they have firearm training approved by the sheriff,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 2795) 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 the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2768, Enacting a standardized false alarm ordinance,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2768 - "A Bill to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-mm, relating to enacting a standardized false alarm ordinance; establishing a system of administration and enforcement; assess fees and penalties; issue orders; and the appointment of an administrator and an advisory board,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2768) to the Committee on the Judiciary was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2768) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Yeager, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
S. B. 447, Allowing reciprocal agreements with Ohio regarding hunting and fishing,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 447) to the Committee on the Judiciary was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 447) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Yeager, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B.2094, Regulating the release of fish, water animals and other aquatic organisms into the waters of this state,
And reports back, by unanimous vote of the Committee, a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2094 - "A bill to amend article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixty-four, relating to regulating the release of fish, water animals and other aquatic organism into the waters of this state,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2094) to the Committee on the Judiciary was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2094) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2675, Mandating insurance coverage for certain clinical trials for ordinary costs of covered services,
And reports back a committee substitute therefor, with the new title, as follows:
Com. Sub. for H. B. 2675 - "A Bill to amend article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-h; to amend article sixteen of said chapter by adding thereto a new section, designated section three-q; to amend and reenact section four, article twenty-four of said chapter; to amend and reenact section six, article twenty-five of said chapter; to amend and reenact section twenty-four, article twenty-five-a of said chapter; and to further amend said chapter by adding thereto a new article, designated article twenty-five-f, all relating to mandating insurance coverage for certain clinical trials for ordinary costs of covered services including definitions and applicable coverage,"
H. B. 2880, Underground storage tanks registration fees,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2880 - "A Bill to amend and reenact section twenty, article seventeen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating the underground storage tank program; increasing maximum amount authorized for underground storage tank annual registration fees; requiring the increase be implemented by emergency rule; increasing cap amount for the fund; and altering requirements for disposal of excess funds,"
And,
H. B. 2092, Creating a sentencing commission and providing for the appointment, terms and qualifications of members,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2092 - "A Bill to amend chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen, relating to the creation of a sentencing commission; providing for the appointment, terms and qualifications of members; establishing objectives for the commission; setting forth certain powers and duties of the commission; and providing for a termination date of the commission under the West Virginia sunset provisions,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 2675, Com. Sub. for H. B. 2880 and Com. Sub. for H. B. 2092) were each taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2875, Eliminating a gap in employment for employees participating in the public employees insurance plan who were subject to a reduction in force and who are re-employed and reenter the plan,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2875 - "A Bill to amend and reenact section thirteen, article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public employees insurance generally; eliminating a certain gap in employment for certain alcoholic beverage control commission employees subject to a reduction in force and who are re-employed; and specifying applicable periods of time,"
And,

H. B. 2972, Improving the actuarial soundness of municipal police and fire pensions,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2972 - "A Bill to amend section twenty, article twenty-two, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to municipal policemen's and firemen's pension and relief funds; funding options; providing that a municipality may elect normal cost funding following election to fund at one hundred seven percent of prior years funding; and conditions upon the election,"
And,

H. B. 3109, Bringing the provisions of the teachers defined contribution retirement system in conformity with those of the teachers retirement system,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 3109-"A Bill to amend and reenact section eleven, article seven-b, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the teachers' defined contribution retirement system; providing for service credit for members while serving in the Legislature; member contributions; employer contributions; effective dates; and option of member,"
With the recommendation that the committee substitutes each do pass, and with the recommendation that second reference to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (Com. Sub. for H. B. 2875, Com. Sub. for H. B. 2972 and Com. Sub. for H. B. 3109) to the Committee on Finance was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 2875, Com. Sub. for H. B. 2972 and Com. Sub. for H. B. 3109) were each taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2386, Providing for a panel of senior magistrate court clerks to serve in substitution for magistrate court clerks who are on authorized leave,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2386 - "A Bill to amend article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-b, relating to authorizing the supreme court of appeals to create a panel of senior magistrate court clerks; granting authority to senior magistrate court clerks to fill certain vacancies; authorizing the supreme court of appeals to promulgate rules for senior magistrate court clerks; providing for reasonable compensation to senior clerks; providing for reimbursement of certain expenses incurred by senior clerks,"
And,
H. B. 2523, Providing financing for the construction of capital improvements to, and renovation of, the state capitol complex and its appurtenant facilities,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2523 - "A Bill to amend and reenact section eighteen, article twenty- two, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article fifteen, chapter thirty-one of said code by adding thereto a new section, designated section six-c, all relating to the creation of a capitol renovation and improvement debt service fund; providing for the construction and financing of renovations to and improvement of the existing capitol complex and its appurtenant facilities; authorizing the issuance of bonds by the West Virginia economic development authority to finance the construction of capital improvements and renovations to the existing capitol complex and its appurtenant facilities; requiring department of administration to certify a list of projects to the joint committee on government and finance prior to expenditure from fund,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 2386 and Com. Sub. for H. B. 2523) were each taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.
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. 4, Urging President Bush to reconsider newly issued VA regulations that will change veterans' access to health care services,
And,
H. C. R. 46, Naming Mullens Overhead Bridge located on State Route 16 in Mullens, Wyoming County, West Virginia, the "Sergeant Jack W. Staton Memorial Bridge".
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
Com. Sub. for S. B. 51 - "A Bill to amend and reenact sections eleven and twenty-three, article twenty, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty- one, as amended; and to amend and reenact sections four and twenty-one, article twenty-one of said chapter, all relating to charitable bingo and charitable raffles; allowing game proceeds to be transferred, by check, between raffle and bingo accounts to offset losses; and permitting that members of licensee organization who live in a county of another state, under certain circumstances, may be eligible to conduct bingo and raffle games"; which was referred to the Committee on the Judiciary and then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the concurrence by the Senate as to the effective date, to take effect July 1, 2003, of
S. B. 182, Meeting federal standards for certain child passenger seats and safety devices.**
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
Com. Sub. for S. B. 364 - "A Bill to amend and reenact sections seven and twenty-one, article five, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article by adding thereto a new section, designated section sixteen-b; to amend and reenact section three, article five-d of said chapter; and to further amend said article by adding thereto two new sections, designated sections three-a and eight, all relating to child welfare and juvenile justice generally; requiring notice of certain proceedings to the department of health and human resources and the division of juvenile services for purposes of multi-disciplinary hearings; providing for greater involvement of multi-disciplinary teams in juvenile and abuse and neglect proceedings; providing that quarterly judicial reviews be continued while child remains in custody; exceptions to meeting requirement; providing for when offenses are committed while in custody; providing for recommended court orders; requiring that recommended service plans be considered; requiring written findings when order deviates from treatment team's recommended plan; and affording multi-disciplinary treatment team notice and opportunity to present evidence"; which was referred to the Committee on the Judiciary and then 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
Com. Sub. for S. B. 383 - "A Bill to amend and reenact section eleven, article two, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the powers and duties of the alcohol beverage control commissioner; and allowing the commissioner, upon approval of the governor and the board of public works, to sell a warehouse located in Nitro, Putnam County, and purchase a replacement warehouse"; 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
Com. Sub. for S. B. 387 - "A Bill to amend and reenact sections eleven and thirteen, article two, chapter thirty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to mechanics' liens; altering the periods for perfecting certain liens; and removing archaic language"; 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
Com. Sub. for S. B. 405 - "A Bill to repeal article five-h, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact articles five-d and five-t of said chapter, all relating to the changing of personal care homes and residential board and care homes to assisted living residences; defining assisted living; defining limited and intermittent nursing care; establishing limitations and exceptions to definitions; clarifying licensure requirements; specifying duties of licensees; providing for residents to contract for additional services; clarifying responsibilities of property owners; providing for emergency rules; extending the care home advisory board for an additional six months; and making technical changes throughout"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 428 - "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof"; 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
S. B. 608 - "A Bill to amend and reenact section nineteen, article five, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing the continuance of summary certificate of need reviews for proposed behavioral health services necessary to maintain federal approval of the medicaid mentally retarded/developmentally disabled waiver program"; which was referred to the Committee on Health and Human Resources and then Government Organization.
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. 646 - "A Bill to amend chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twelve-a, relating to centers for economic development and technology advancement generally; findings and purpose; definitions; authorizing doctoral institutions to enter into agreements with centers; setting forth requirements for governing bodies; powers and duties of governing bodies; providing for appointment of president; qualifications; powers and duties of president; authorizing agreements; terms and conditions; authorizing audit of center operations; clarifying issues of conflicts of interest; prohibiting waiver of sovereign immunity; and clarifying that obligations of centers are not debts or obligations of a doctoral institution, its governing board or the state"; which was referred to the Committee on Education.
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. 647 - "A Bill to amend and reenact section four, article six, chapter twelve of the code of West Virginia, one thousand nine hundred thirty-one, as amended, related to modifying the type and amount of bond required to be obtained and maintained by the investment management board; and authorizing the establishment and maintenance of a self-insurance account in connection with the procurement and maintenance of insurance coverage by the investment management board"; which was referred to the Committee on Finance.
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. 6 - "Requesting the Joint Committee on Government and Finance study traffic control procedures on the West Virginia Turnpike and other controlled-access highways in the state to better provide for traveler safety, comfort and convenience during periods of traffic interruption."
Whereas, The West Virginia Turnpike and other controlled-access highways are vital highways through the state; and
Whereas, These controlled-access highways are crucial to tourism and travel in the state; and
Whereas, As a result of traffic interruptions, travelers are now frequently confined to their cars for long periods of time on highways without the ability to safely exit the highway, without information as to the expected length of the traffic interruption, without means of communication and without means to meet immediate health or other personal needs; and
Whereas, The increased potential for acts of domestic or foreign terrorism adds to the existing threat of traffic interruptions now resulting from wrecks, chemical spills, bridge or road repairs, environmental disasters or other causes; and
Whereas, It is imperative that travelers on these controlled-access highways be assured that the state will take all reasonable measures to provide for their safety, comfort and convenience during periods of traffic interruption; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study traffic control procedures on the West Virginia Turnpike and other controlled-access highways in the state to better provide for traveler safety, comfort and convenience during periods of traffic interruption; 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.
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. 9 - "Requesting the Joint Committee on Government and Finance study the feasibility of establishing a special residential community for senior citizens."
Whereas, The establishment of a special residential community for senior citizens would enhance West Virginia's opportunity to display its natural beauty and attract senior citizens to our state; and
Whereas, A residential community of senior citizens could be located where it would be accessible to activities designed for senior citizens and to skilled medical care; and
Whereas, The establishment of a senior community in West Virginia would generate revenue, enhance business and provide jobs; and
Whereas, The Legislature has studied this topic during the 2002-2003 interim session and has recommended that this subject receive further study during the 2003-2004 interim session; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance study the feasibility of establishing a special residential community for senior citizens 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.
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. 12 - "Requesting the Joint Committee on Government and Finance study the role of bail bondsmen in West Virginia's criminal justice system."
Whereas, The role of bail bondsmen in West Virginia's criminal justice system is fundamental; and
Whereas, It is in the best interest of the state to provide a strong bail bondsmen structure to effectuate the goal of a democratic justice system in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the role of bail bondsmen in West Virginia's criminal justice system; and, be it
Further Resolved, That the Joint Committee on Government and Finance should consider the following: (1) The access of bail bondsmen to regional jails; (2) their ability to compel their clients to meet the terms of their contractual agreements and arrive at court appearances on the scheduled dates; (3) the effect of judicial rules regarding counties handling their own bonds through a ten percent collection system; and (4) the possible procedures for collection of bail at regional jails; 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.
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. 15 - "Requesting the Joint Committee on Government and Finance continue its study of the current foster care system in West Virginia in regard to adequacy of funding, revenue maximization, in-state retention, private and therapeutic foster care programs and per diem reimbursement rates."
Whereas, It is in the best interests of the state to provide for a strong foster care system to fulfill the treatment and permanency needs of our most vulnerable children; and
Whereas, Currently, West Virginia's foster care system is facing a crisis because of forced reductions in spending and increases in out-of-state placements; and
Whereas, The number of youth in out-of-state placements has increased substantially during the past year; and
Whereas, The therapeutic foster care reimbursement rate has not been increased for four years and is inadequate to assure the quantity or quality of foster care homes to meet the needs of West Virginia's youth and children, particularly older youth with more challenging behaviors; and
Whereas, As a result of inadequate funding of foster care and a decrease in both in-state bed capacity and utilization, youth have "trickled up" in the system of care to higher levels and more costly types of care, including group residential care and out-of-state placements; and
Whereas, Increasing the overall funding of foster care programs and increasing the per diem rate for reimbursement could help prevent a severe crisis in the programs that provide needed out-of-home placements; and
Whereas, Increasing the per diem rate for reimbursement should also result in an increased bed capacity in the foster care arena and an enhanced ability to recruit foster parents for youth with more challenging behaviors and older adolescents in the juvenile justice system; and
Whereas, An increased in-state bed capacity in therapeutic foster care would allow children to be diverted from more expensive group residential care, thus decreasing the need for many out-of-state placements and providing for a source of revenue from savings as an out-of-home care option; and
Whereas, A productive foster care system is not only an effective treatment for children at risk, it could save the state millions of dollars while also providing the option for permanency or adoption; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to continue its study of the current foster care system in West Virginia in regard to adequacy of funding, revenue maximization, in-state retention, private and therapeutic foster care programs and per diem reimbursement rates; 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.
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. 19 - "Requesting the Department of Health and Human Resources, in cooperation with the Department of Education, the Attorney General, the Department of Military Affairs and Public Safety and the Department of Transportation, study the problem of teenage in-vehicle drinking and related drug use."
Whereas, Teenagers, with ready access to motor vehicles, have become increasingly mobile which adds a fluid dynamic to the manner in which they consume alcohol and illicit drugs. Alcohol and drug abuse by teenagers has not significantly declined in the past several years and it remains unacceptably high; and
Whereas, In 1998,** 1,695 15- to 19-year-olds were killed in alcohol-related traffic accidents across America; and
Whereas, The Aluminum Anonymous Project surveyed 775 miles of West Virginia roadsides for the discard rate of alcoholic beverage containers in September, 1997, November, 1998, and April, 2000, and determined an average of 800 beer cans-bottles were discarded per mile of road annually. Professionals working with teens and adults in alcohol and drug settings estimated that 50 percent of the discarded alcohol containers were coming from teenagers; and
Whereas, A report from the National Center on Substance Abuse and Addiction in January, 2001, states that only 2 percent of the $339 million total that West Virginia spends annually on substance abuse problems goes to prevention and treatment, while the remaining 98 percent goes to cleaning up the effects of substance abuse and addiction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Health and Human Resources, in cooperation with the Department of Education, the Attorney General, the Department of Military Affairs and Public Safety and the Department of Transportation, study the problem of teenage in- vehicle drinking and related drug use by: (a) Assembling what is known and not known about this behavior and its dynamics, prevalence and incidence; and (b) assessing the effectiveness of policies and programs, including development, implementation and evaluation, and gauging the adequacy of interagency cooperation, including data-sharing and program reporting; and, be it
Further Resolved, That the Department of Health and Human Resources report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effect its recommendations.
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. 20 - "Requesting the Joint Committee on Government and Finance study the impact of the diminishing tax base and loss of revenue that occurs when federal and state parks and forests located within the state geographically expand and also explore alternative sources of revenue that local governments may look toward when private lands are converted to public lands within the boundaries of parks and forests."
Whereas, When federal and state parks and forests expand their boundaries to include former private lands within their boundaries, counties and local governments lose tax revenue associated with property taxes and other taxes previously imposed while the property was held privately; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impact of the diminishing tax base and loss of revenue that occurs when federal and state parks and forests located within the state geographically expand and to also explore alternative sources of revenue that local governments may look toward when private lands are converted to public lands within the boundaries of parks and forests; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
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:
Com. Sub. for S. C. R. 27 - "Requesting the Joint Committee on Government and Finance study a state water plan for protection of the state's water supply."
Whereas, Water is a vital economic resource of equal or greater importance than any other mineral or natural resource; and
Whereas, The state has a compelling interest in assuring that the consumptive uses of its water resources are managed in a manner that both protects the state's natural resources and assures an adequate water supply for agricultural, domestic, commercial and industrial purposes; and
Whereas, Competition over water resources and allocations among the states is a long- standing and growing issue both regionally and nationally; and
Whereas, Water resources must be managed to meet the water needs of people while maintaining, protecting and improving the state's natural systems; and
Whereas, This state contains the headwaters of several major river systems and downstream metropolitan regions in other states increasingly rely upon waters originating in this state for their water supply, thereby increasing the potential for interstate water use conflicts between this state and downstream states and other public and private entities; and
Whereas, There are concerns about intrastate water use between competing consumptive users withdrawing from the same watercourses and the effects of such consumptive uses on the conservation of those watercourses; and
Whereas, The role of the state should be to ensure water resources are adequately managed and protected and to develop a water policy and comprehensive state water plan that establishes guidelines and a framework for the development of regional water supply plans which should integrate water supply, water quality, water use and environmental issues and should be used to guide decisions that affect water resources in the state. Further, the state water plan should help integrate and coordinate the water planning and management of local, state and federal agencies; and
Whereas, The management and control of our substantial water resources are integral to West Virginia's success in a variety of economic arenas, including, but not limited to, energy production, agriculture and tourism; and
Whereas, West Virginia is in an unique position geographically and demographically with regard to recreational water uses and can take steps to further enhance this ecotourism image; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance study a state water plan for protection of the state's water supply; and, be it
Further Resolved, That the Joint Committee on Government and Finance establish a joint water policy commission, in coordination with a water policy technical advisory task force, that will create a comprehensive state water plan for the protection of the quantity and quality of the state's water resources, including, but not limited to:
1. Water supply allocation and inter-basin transfers;
2. Natural systems and in-stream flow protection;
3. Agricultural use, development and efficiency;
4. Local government water use, development and assistance with water and wastewater systems;
5. Water conservation, reuse and drought;
6. Water rights management;
7. Water-based recreation;
8. Data collection, management and research in water information;
9. Interstate water issues, including diversion and exportation;
10. Water storage, aquifer storage and recovery;
11. Watershed planning and management;
12. Reservoir operations;
13. Water marketing and transfers;
14. Problem mediation and arbitration;
15. Other general issues relating to consumptive and non-consumptive water uses; and, be it
Further Resolved,
That the joint water policy commission be dedicated to comprehensively address West Virginia water policy and law by implementing, in cooperation with the water policy technical advisory task force, the state water plan. The commission shall consist of six members each from the House of Delegates and the Senate, including the chairs of the Judiciary, Finance and Natural Resources committees, to be appointed by the Speaker of the House of Delegates and the President of the Senate, with the co-chairs appointed from the three appointees who do not chair the standing committees; and, be it
Further Resolved, That a water policy technical advisory task force be established by the joint water policy commission for the purposes of providing technical information, feedback and assistance implementing the state water plan; that the task force meet twice a month and report monthly to the joint water policy commission during interim meetings; and that the advisory task force be comprised of members of relevant governmental agencies, including, but not limited to, the Department of Environmental Protection, the Department of Natural Resources, the Attorney General's Office, the Department of Agriculture and the Public Service Commission Consumer Advocate Division, together with representatives of business, industry and the public, including, but not limited to, representatives of water and wastewater utilities, agriculture interests, environmental interests, recreational and other public interests; 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.
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. 34 - "Requesting the Joint Committee on Government and Finance study the administration and management of estates of decedents and minors and the powers, duties and qualifications of fiduciaries charged with administering and managing those estates."
Whereas, The methods of governing the administration and management of estates of decedents and minors are outdated and should be reviewed and revised; and
Whereas, The procedures required for the administration and management of estates of decedents and minors are complex and cumbersome for people appointed as fiduciaries; and
Whereas, The powers, duties and qualifications of fiduciaries conflict at times; and
Whereas, An efficient, easily understood method of administering and managing estates of decedents and minors serves the best interests of the citizens of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the administration and management of estates of decedents and minors and the powers, duties and qualifications of fiduciaries charged with administering and managing those estates; 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.
Miscellaneous Business

Delegate Blair submitted a written vote explanation to the Clerk on the passage of Com. Sub. for H. B. 2121, which was as follows:
Delegate Blair : When Committee Substitute for H. B. 2121 was passed by the House of Delegates on January 16, 2003, I voted "Yea." However, I could not, in good conscience, vote in the affirmative for the bill as rewritten by the Joint Conference Committee. As a member of the Committee on Government Organization, I supported and voted for this bill as it was reported by the committee on January 14'th. The bill, as originally passed by the House and Senate, would have authorized municipalities and county commissions to regulate the operation of all-terrain vehicles on roads, streets or highways within their respective jurisdictions. The Joint Conference Committee, on the advice of legal counsel, determined that county commissions have no jurisdiction over roads and the language relating to county commissions was removed from the conference committee report. I question why this was not brought to the attention of the members prior to passage of the bill by the House and Senate, and for this and other reasons I voted "Nay" on the passage of Joint Committee Substitute for H. B. 2121. The authority for counties to regulate the operation of all-terrain vehicles in their jurisdiction is imperative for this bill to be effective.
At 6:09 p. m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Thursday, February 27, 2003.