________*__________
Tuesday, November 16, 2004
The House of Delegates met at 12:00 o'clock Meridian, 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 November 15, 2004, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive
Mr. Speaker, Mr. Kiss, laid before the House of Delegates a letter of resignation by Delegate
Earnest Kuhn, a Delegate from the 19th District, which was read by the Clerk as follows:
October 15, 2004
Robert S. Kiss, Speaker
West Virginia House of Delegates
1900 Kanawha Blvd., E.
Charleston, West Virginia 25305
Dear Mr. Speaker,
It is with deep regret that I resign my position as a member of the West Virginia House of
Delegates effective 12:01 a.m., October 18, 2004.
One of the greatest achievements during my early tenure in the House was co-sponsoring the
bill that created the Hatfield-McCoy Trail. Another highlight was enacting the Crane Operators'
Certification Bill while I was Vice Chair of the Committee on Industry and Labor.
I am grateful to you, Mr. Speaker, for my appointment as Vice Chair of the Committee on
Government Organization, the highest leadership position ever attained by a delegate from Boone
County.
The most satisfying endeavor undertaken was the creation of the Division of Juvenile
Services as it offers the young people of our state a second change. Additionally, state and local
governments benefit by lower transportation and court costs while allowing our young people the
opportunity to stay close to their homes. The accomplishments of this division are many. It recently
opened the much needed diagnostic center for youths, the Donald R. Kuhn Juvenile Center in Julian,
West Virginia.
The importance of tourism to this state continues to increase and has been enhanced by the
Coal Heritage Area Authority. This has proven to be a vital addition to southern West Virginia, as
its brings back the heritage of coal mining which is the main stay of the economy of West Virginia.
Mr. Speaker, I am grateful to have represented the citizens of the 18th District and the entire
state. It has also been a pleasure to sponsor over 700 students from Boone County who served as
pages during the sessions, giving them a thorough education in the legislative process.
Tall Hutchins, a former delegate from Ohio County said, "I've made a lot of acquaintances
during my years in the House." I say, "I've made a lot of friends during my years in the House." The
friendships and closeness of all the members of the House will never be forgotten and I'll forever
be indebted to all. If ever I may be of service to you and the members of the West Virginia House
of Delegates, please call upon me.
To quote my great friend and "Big Buddy", A. James Manchin, "God bless the great State
of West Virginia."
Sincerely,
Earnest H. Kuhn.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title as follows:
S. C. R. 301 - "Authorizing the use or reference of the Federal Supply Schedule in
establishing a benchmark for prescription drug prices for the negotiation and purchase of brand name
drugs by the State of West Virginia; authorizing the Pharmaceutical Cost Management Council to
implement the strategic plan established in the Reference Pricing Report submitted on September
10, 2004, to the Joint Committee on Government and Finance in accordance with the provisions of
article three-c, chapter five-a of the code of West Virginia, 1931, as amended; and requesting the
Pharmaceutical Cost Management Council recommend legislative enactments as necessary, from
time to time, to implement the same."
Whereas, In accordance with the provisions of section six-d, article three-c, chapter five-a
of the code, the Pharmaceutical Cost Management Council has recommended the establishment of
a pricing schedule using or referencing the Federal Supply Schedule as a benchmark for prescription
drug prices for the negotiation and purchase of brand name drugs; and
Whereas, In accordance with the provisions of section six-e, article three-c, chapter five-a of the code, the adoption of a concurrent resolution by the Legislature is required to authorize the
use or reference of the Federal Supply Schedule as a benchmark for prescription drug prices for the
negotiation and purchase of brand name drugs and the implementation of the strategic plan
established in the Reference Pricing Report; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the use or reference of the Federal Supply Schedule
in establishing a benchmark for prescription drug prices for the negotiation and purchase of brand
name drugs by the State of West Virginia; and, be it
Further Resolved, That the Legislature hereby authorizes the Pharmaceutical Cost
Management Council to implement the strategic plan established in the Reference Pricing Report;
and, be it
Further Resolved, That the Legislature hereby requests the Pharmaceutical Cost Management
Council to recommend legislative enactments as necessary, from time to time, to implement the
same.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (S.
C. R. 301) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 883), and there were--yeas
93, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Manchin, Mezzatesta, Renner and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (S. C. R. 301) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegates Hrutkay announced that she was absent on yesterday when the votes were taken
on Roll Call Nos. 686 through 882, and had she been present, she would have voted "Yea" thereon.
Delegates Ennis announced that he was absent on yesterday when the votes were taken on
Roll Call Nos. 868 through 872, and had he been present, he would have voted "Yea" thereon.
At 12:27 p.m., on motion of Delegate Staton, the House of Delegates recessed until 3:00 p.m.,
and reconvened at that time.
Messages from the Executive
Mr. Speaker, Mr. Kiss, laid before the House of Delegates a Proclamation of His Excellency,
the Governor, amending his original Proclamation issued on the 15th day of November, which
supplemental Proclamation was read by the Clerk as follows:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
I, BOB WISE, GOVERNOR of the State of West Virginia, by virtue of the authority vested
in me by Section 7, Article VII of the Constitution of West Virginia, do hereby amend my
proclamation dated the fifteenth day of November, two thousand four, calling the Legislature of
West Virginia to convene in Extraordinary Session at twelve o'clock noon, on the fifteenth day of
November, 2004, in its chambers in the State Capitol, City of Charleston, by adding thereto the additional purpose of considering and acting upon the following matter:
TWENTY-THIRD: Legislation relating to tax credits available under the Capital Company
Act for the purpose of economic development for the chemical industry and high technology
research.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State of
West Virginia, this the Sixteenth day of
November, in the year of our Lord, Two
Thousand Four, and in the One Hundred Forty-
second year of the State.
BOB WISE,
Governor.
By the Governor:
JOE MANCHIN III,
Secretary of State.
Messages from the Senate
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. 3001 - "A Bill to amend and reenact §11B-2-15 of the code of West Virginia, 1931, as
amended, relating to appropriation in certain fiscal years of moneys to the bureau for medical services of the department of health and human resources from funds held in reserve for the public
employees insurance agency."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill
(S. B. 3001) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 884), and there were--yeas 89, nays
none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker, Webb and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 885),
and there were--yeas 89, nays none, absent and not voting 10, with the absent and not voting being
as follows:
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker, Webb and Wright.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 3001) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 886), and there were--yeas 89, nays
none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker, Webb and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3001) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
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. 3002 - "A Bill to amend and reenact §3-1-48 of the code of West Virginia, 1931, as
amended, relating to facilitating implementation of the 'Help America Vote Act of 2002';
implementing electronic voting systems; providing legislative findings; continuing the state election
fund; specifying requirements for funding county voting system; allowing loans to counties;
establishing special revenue account; specifying criteria for obtaining a loan; providing for
investment of fund moneys; allowing loans to counties for electronic voting systems; specifying
eligibility requirements for loans; giving authority to state election commission to waive matching
moneys; limiting availability of loans; specifying duties of secretary of state; and authorizing
methods for compelling repayment of loans."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 3002) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 887), and there were--yeas 89, nays
none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker, Webb and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time.
Delegate Staton moved to amend the bill on page two, section forty-eight, line twenty-two,
following the period, by inserting the words "It is not the intent of the Legislature to mandate any
technology for voting systems to be utilized in this state and this section is intended only to establish
terms and conditions for providing loan assistance to counties in accordance with the provision of
this section."
At the request of Delegate Staton, further consideration of the bill was then postponed.
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. 3003 - "A Bill to amend and reenact §30-3-10 of the code of West
Virginia, 1931, as amended, relating to granting the board of medicine flexibility under special circumstances to issue a license to applicants who otherwise do not meet the requirement of the
article; allowing granting of licensure where there are purely technical, nonmaterial errors or
omissions in the application process; setting forth criteria for issuance of licenses in extraordinary
circumstances; requiring that those issued licenses under extraordinary circumstances have
substantially equivalent credentials; requiring a three-fourths vote for issuance of an extraordinary
circumstances license; requiring reporting to president of the Senate and speaker of the House of
Delegates of board's decision; application for extraordinary circumstances applications; and
establishing first day of July, two thousand five, as the cut-off date for applying for extraordinary
circumstances licensure."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill
(Com. Sub. for S. B. 3003) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 888), and there were--yeas 89, nays
none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker, Webb and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 889),
and there were--yeas 89, nays none, absent and not voting 10, with the absent and not voting being
as follows:
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker, Webb and Wright.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 3003) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 890), and there were--yeas 87, nays
1, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Louisos.
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker, Webb, Williams and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3003) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
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. 3006 - "A Bill making a supplementary appropriation of public moneys out of the
treasury from the balance of moneys remaining as an unappropriated surplus balance in the state fund, general revenue, to the department of education, state department of education, fund 0313,
fiscal year 2005, organization 0402, the department of education and the arts, division of culture and
history, fund 0293, fiscal year 2005, organization 0432, the department of military affairs and public
safety, division of criminal justice services, fund 0546, fiscal year 2005, organization 0620, and the
bureau of commerce, West Virginia development office, fund 0256, fiscal year 2005, organization
0307, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day
of June, two thousand five."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill
(S. B. 3006) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 891), and there were--yeas 89, nays
none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker, Webb and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time.
On motion of Delegate Michael, the bill was amended on page three, line eighteen, by striking
out the words "That the" and inserting in lieu thereof the words "And, that the".
And,
On page four, line eight, following the number "$800,000", by striking out lines nine through
twenty-three in their entirety.
The bill was then ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 892), and there were--yeas
90, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker and Wright.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3006) passed.
On motion of Delegate Michael, the title of the bill was amended to read as follows:
S. B. 3006 - "A Bill making a supplementary appropriation of public moneys out of the
treasury from the balance of moneys remaining as an unappropriated surplus balance in the state
fund, general revenue, to the department of education, state department of education, fund 0313,
fiscal year 2005, organization 0402, the department of education and the arts, division of culture and
history, fund 0293, fiscal year 2005, organization 0432, and the department of military affairs and
public safety, division of criminal justice services, fund 0546, fiscal year 2005, organization 0620,
by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June,
two thousand five."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 893), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3006) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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. 3007 - "A Bill making a supplementary appropriation of public moneys out of the
treasury from the balance of moneys remaining as an unappropriated balance in the state excess
lottery revenue fund to a new item of appropriation designated to the West Virginia state police, fund
6394, fiscal year 2005, organization 0612, by supplementing and amending chapter thirteen, acts of
the Legislature, regular session, two thousand four, known as the budget bill."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill
(S. B. 3007) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 894), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling, Renner, Tucker and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 895), and there were--yeas
89, nays 1, absent and not voting 9, with the absent and not voting being as follows:
Nays: Duke.
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker and Wright.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3007) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 896), and there were--yeas 89, nays
1, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Duke.
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3007) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
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. 3008 -"A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to
the department of military affairs and public safety - West Virginia state police - surplus transfer
account, fund 6519, fiscal year 2005, organization 0612, by supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June, two thousand five."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill
(S. B. 3008) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 897), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 898), and there were--yeas 89, nays 1, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Duke.
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker and Wright.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3008) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 899), and there were--yeas 89, nays
1, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Duke.
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3008) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 304, Bringing the West Virginia Sex Offender Registration Act into minimum federal
standards,
And,
H. B. 305, Providing the West Virginia State Police the ability to define and draw DNA
samples from convicted felons for the purpose of maintaining a DNA database.
House Calendar
Unfinished Business
H. C. R. 3001, Authorizing the implementation of the FSS reference pricing schedule as a
benchmark for prescription drug prices; coming up in regular order, as unfinished business, was, on
motion of Delegate Staton, laid upon the table.
Second Reading
H. B. 306, Technical corrections, West Virginia Health Insurance Plan and West Virginia
Health Insurance Plan Fund and the ability to receive and expend moneys therefrom; on second
reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
H. B. 307, Appropriation of moneys to the Bureau for Medical Services of the Department
of Health and Human Resources; on second reading, coming up in regular order, was, on motion of
Delegate Staton, laid upon the table.
H. B. 308, Ensuring safer schools and empowering teachers; on second reading, coming up
in regular order, was read a second time.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 900), and there were--yeas 90, nays
0, absent and not voting 9, with the absent and not voting being as follows:
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Tucker and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 901),
and there were--yeas 89, nays none, absent and not voting 10, with the absent and not voting being
as follows:
Absent and Not Voting: Armstead, Canterbury, Coleman, Frederick, Manchin, Mezzatesta,
Poling, Renner, Tucker and Wright.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 308) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 902), and there were--yeas 89, nays
none, absent and not voting 10, with the absent and not voting being as follows:
Absent and Not Voting: Armstead, Canterbury, Coleman, Frederick, Manchin, Mezzatesta,
Poling, Renner, Tucker and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 308) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 309, Audit requirements of corporations, etc., which receive state funds or grants over
$15,000; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid
upon the table.
H. B. 310, Permitting the Secretary of Administration to promulgate rules concerning trespass
upon state property; on second reading, coming up in regular order, was, on motion of Delegate
Staton, laid upon the table.
H. B. 311, Enabling the Board of Medicine to license doctors under special circumstances;
on second reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the
table.
At 3:58 p.m., on motion of Delegate Staton, the House of Delegates recessed until 4:45 p.m.,
and reconvened at that time.
S. B. 3002, Implementing "Help America Vote Act of 2002"; having been reported in earlier
proceedings, with an amendment pending, was taken up for further consideration.
On motion of Delegate Staton, the bill was then amended on page two, section forty-eight, line
twenty-two, following the period, by inserting the words "It is not the intent of the Legislature to
mandate any technology for voting systems to be utilized in this state and this section is intended
only to establish terms and conditions for providing loan assistance to counties in accordance with
the provisions of this section."
The bill was then ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 903),
and there were--yeas 84, nays none, absent and not voting 15, with the absent and not voting being
as follows:
Absent and Not Voting: Cann, Canterbury, Carmichael, Coleman, Frederick, Manchin,
Mezzatesta, Perry, Poling, Renner, Shelton, Tucker, White, G., Wright and Yeager.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3002) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 904), and there were--yeas 84, nays
none, absent and not voting 15, with the absent and not voting being as follows:
Absent and Not Voting: Cann, Canterbury, Carmichael, Coleman, Frederick, Manchin,
Mezzatesta, Perry, Poling, Renner, Schoen, Shelton, Tucker, White, G. and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3002) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Messages from the Senate
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. 3005 - "A Bill to amend and reenact §33-48-2, §33-48-4, §33-48-6 and §33-48-7 of the
code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §33-48-7a, all relating to the West Virginia health insurance plan; placing the plan within
the office of the insurance commissioner; exempting the plan from certain state purchasing
requirements; authorizing the hiring of an executive director and exempting such director from the
classified service; changing eligibility criteria for the plan; limiting the eligibility of recipients of the
West Virginia children's health insurance program; prohibiting balance billing of plan members by health care providers for covered services provided under the plan; authorizing the insurance
commissioner to utilize department staff and resources in administering the plan; and creating a
special revenue account known as the 'West Virginia health insurance plan fund' for the purpose of
receiving and expending moneys to be used in connection with the West Virginia health insurance
plan."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill
(S. B. 3005) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 905), and there were--yeas 87, nays
none, absent and not voting 12, with the absent and not voting being as follows:
Absent and Not Voting: Canterbury, Carmichael, Coleman, Frederick, Manchin,
Mezzatesta, Poling, Renner, Shelton, Tucker, White, G. and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 906),
and there were--yeas 87, nays none, absent and not voting 12, with the absent and not voting being
as follows:
Absent and Not Voting: Canterbury, Carmichael, Coleman, Frederick, Manchin, Mezzatesta, Poling, Renner, Shelton, Tucker, White, G. and Wright.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 3005) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 907), and there were--yeas 87, nays
none, absent and not voting 12, with the absent and not voting being as follows:
Absent and Not Voting: Canterbury, Carmichael, Coleman, Frederick, Manchin,
Mezzatesta, Poling, Renner, Shelton, Tucker, White, G. and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3005) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
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. 3012 - "A Bill to amend and reenact §12-4-14 of the code of West Virginia, 1931, as
amended, relating to auditing corporations, associations or other organizations which receive state
funds or grants."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill
(S. B. 3012) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 908), and there were--yeas 60, nays
28, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Azinger, Blair, Border, Calvert, Carmichael, Caruth, Duke,
Ellem, Evans, Frich, Hall, Hamilton, Howard, Leggett, Louisos, Overington, Romine, Schadler,
Schoen, Smirl, Sobonya, Sumner, Trump, Wakim, Walters and Webb.
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Shelton, Tucker, White, G. and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was not dispensed with.
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. 3013 - "A Bill expiring funds to the unappropriated surplus balance in the state fund,
general revenue, for the fiscal year ending the thirtieth day of June, two thousand five, in the amount
of six million dollars from the revenue shortfall reserve fund, fund 7005, organization 0701, and
making a supplementary appropriation of public moneys out of the treasury from the unappropriated
surplus balance for the fiscal year ending the thirtieth day of June, two thousand five, to the
governor's office - civil contingent fund, fund 0105, fiscal year 2005, organization 0100."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill
(S. B. 3013) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 909), and there were--yeas 88, nays
none, absent and not voting 11, with the absent and not voting being as follows:
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Shelton, Tucker, White, G. and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 910),
and there were--yeas 88, nays none, absent and not voting 11, with the absent and not voting being
as follows:
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Shelton, Tucker, White, G. and Wright.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 3013) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 911), and there were--yeas 88, nays
none, absent and not voting 11, with the absent and not voting being as follows:
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Shelton, Tucker, White, G. and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3013) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
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. 3014 - "A Bill to amend and reenact §5E-1-8 of the code of West Virginia, 1931, as
amended, relating to modifying the total tax credits available under the capital company act during
the fiscal year beginning on the first day of July, two thousand four; limiting the availability of
certain tax credits to qualified economic development and technology advancement centers; and
authorizing the economic development authority to establish criteria for the determination of the
allocation of certain tax credits by vote of the majority of the authority."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill
(S. B. 3014) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 912), and there were--yeas 88, nays
none, absent and not voting 11, with the absent and not voting being as follows:
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Shelton, Tucker, White, G. and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 913),
and there were--yeas 88, nays none, absent and not voting 11, with the absent and not voting being
as follows:
Absent and Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Shelton, Tucker, White, G. and Wright.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 3014) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 914), and there were--yeas 88, nays
none, absent and not voting 11, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Frederick, Manchin, Mezzatesta, Poling,
Renner, Shelton, Tucker, White, G. and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 3014) takes effect from its passage .
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
At 5:20 p.m., on motion of Delegate Staton, the House of Delegates recessed until 5:30 p.m.,
and reconvened at that time.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 301, Supplementary appropriation of excess lottery revenue funds to the workers
compensation commission,
H. B. 302, Supplementary appropriation to the department of revenue insurance commission,
H. B. 303, Supplementary appropriation to the department of military affairs and public safety,
And,
H. B. 308, Ensuring safer schools and empowering teachers.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, to take effect from passage, of
S. B. 3002, Implementing "Help America Vote Act of 2002",
And,
S. B. 3006, Making supplementary appropriations to various agencies.
S. B. 3012, Relating to auditing corporations, associations or other organizations receiving
state funds or grants; having been read a first time in earlier proceedings, was taken up for further
consideration.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 915), and there were--yeas 55, nays 28, absent and not voting 16, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Azinger, Blair, Border, Calvert, Carmichael, Caruth,
Duke, Ellem, Evans, Frich, Hall, Hamilton, Howard, Leggett, Overington, Romine, Schadler,
Schoen, Smirl, Sobonya, Sumner, Trump, Wakim, Walters and Webb.
Absent and Not Voting: Canterbury, Coleman, Faircloth, Ferrell, Fleischauer, Frederick,
Manchin, Mezzatesta, Poling, Renner, Shelton, Thompson, R., Tucker, Warner, White, G. and
Wright.
So, four fifths of the members present not having voted in the affirmative, the constitutional
rule was not dispensed with.
At the request of Delegate Spencer, and by unanimous consent, permission was granted to the
Joint Committee on Enrolled Bills, after it had examined, found truly enrolled and presented to His
Excellency, the Governor, for his action, bills passed but not presented to him prior to adjournment
of this session of the Legislature, to file its report with the Clerk and that such reports be included
in the final Journal of this session, and that communications from His Excellency, the Governor, as
to his final action on bills after adjournment of the session, also be included in the Journal.
In accordance with the foregoing unanimous consent request, Delegate Spencer filed a report
of the Committee as follows:
November 19, 2004
H. B. 301, Supplementary appropriation of excess lottery revenue funds to the workers
compensation commission,
H. B. 302, Supplementary appropriation to the department of revenue insurance commission,
H. B. 303, Supplementary appropriation to the department of military affairs and public safety,
H. B. 304, Bringing the West Virginia Sex Offender Registration Act into minimum federal
standards,
H. B. 308, Ensuring safer schools and empowering teachers,
S. B. 3001, Extending time moneys in public employees insurance reserve fund can be
appropriated to bureau for medical services,
S. B. 3002, Implementing "Help America Vote Act of 2002",
Com. Sub. for S. B. 3003, Granting board of medicine flexibility to issue license to certain
applicants,
S. B. 3005, Relating to health insurance plan board's authority; clarifying certain language,
S. B. 3006, Making supplementary appropriations to various agencies,
S. B. 3007, Making supplementary appropriation to state police from excess lottery revenue
surplus,
S. B. 3008, Making supplementary appropriation to department of military affairs and public
safety, transfer of funds,
S. B. 3013, Making supplementary appropriation from revenue shortfall reserve fund to
governor's office, civil contingent fund,
And,
S. B. 3014, Modifying total tax credits available under capital company act for certain
economic development.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had completed the business of this extraordinary
session of the Legislature and was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee the following:
Delegates Foster, Craig and Smirl.
On motion of Delegate Staton, the Speaker was then authorized to appoint a committee of
three on the part of the House of Delegates, to join with a similar committee on the part of the
Senate, to inform His Excellency, the Governor, that the Legislature was ready to adjourn sine die.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Foster, Craig and Smirl.
Messages from the Senate
A message from the Senate, by
Senators Dempsey, Facemyer and Weeks, announced that the Senate had completed the
business of this extraordinary session and was ready to adjourn sine die.
Delegate Foster, from the Committee to notify the Senate of impending sine die adjournment,
announced that the Committee had performed that duty.
Delegate Foster, from the Committee to inform His Excellency, the Governor, that the
Legislature had completed the business of this extraordinary session and was ready to adjourn sine
die, announced the performance of that duty.
Message from the Executive
Subsequent to the adjournment of the session, communication were received from His
Excellency, the Governor, advising that on November 22, 2004, he approved H. B. 301, H. B. 302,
H. B. 303, S. B. 3006, S. B. 3007, S. B. 3008 and S. B. 3013; and on December 2, 2004, he approved H. B. 304, H. B. 305, H. B. 308, S. B. 3001, S. B. 3002, Com. Sub. for S. B. 3003, S. B. 3005 and
S. B. 3014.
There being no further business to come before the House of Delegates, at 6:30 p.m., on
motion of Delegate Staton, the House of Delegates adjourned sine die.
There being no further business to come before the House, at 6:45 p.m., on motion of Delegate
Staton, the House adjourned sine die.
_______________*_______________
We hereby certify that the foregoing record of the proceedings of the House of Delegates,
Third Extraordinary Session, 2004, is the Official Journal of the House of Delegates for said
session.
_______________________________
Robert S. Kiss
Speaker of the House of Delegates
____________________________________
Gregory M. Gray
Clerk of the House of Delegates