__________*__________
Friday, March 5, 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 Thursday, March 4, 2004, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 100, Prohibiting state and political subdivisions from contracting with vendors owing
debt,
And,
S. B. 576, Continuing state rail authority,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that they each do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (S. B. 100 and S. B. 576) will be placed on the
Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 469, Continuing interstate commission on uniform state laws,
And,
S. B. 470, Continuing real estate appraiser licensing and certification board,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (S. B. 469 and S. B. 470) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 181, Permitting retired state police to carry concealed weapon for life,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for S. B. 181) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub for S. B. 208, Allowing state police to engage in certain political activities while
off duty and out of uniform,
And,
S. B. 506, Permitting use of "bank" in name of licensed insurance company,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (Com. Sub. for S. B. 208 and S. B. 506) will be
placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S. B. 717, Terminating agencies following full performance evaluations,
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 Government Organization.
In accordance with the former direction of the Speaker, the bill (S. B. 717) was referred to
the Committee on Government Organization.
On motions for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as
follows:
By Delegates Michael, Doyle, Leach, Campbell, Stalnaker, Warner and Proudfoot:
H. B. 4748 - "A Bill making a supplementary appropriation in the state excess lottery
revenue fund, to the lottery commission - refundable credit, fund 7207, fiscal year 2004, organization
0705, supplementing and amending the appropriation for the fiscal year ending the thirtieth day of
June, two thousand four,"
By Delegates Michael, Anderson, Boggs, Cann, Frederick, Ashley and Warner:
H. B. 4749 - "A Bill supplementing, amending and increasing items of the existing
appropriations from the state road fund to the department of transportation, division of highways,
fund 9017, fiscal year 2004, organization 0803, all supplementing and amending the appropriations
for the fiscal year ending the thirtieth day of June, two thousand four,"
By Delegates Anderson, Ashley, Border, Carmichael, Evans, Hall and G. White:
H. B. 4750 - "A Bill making a supplementary appropriation of federal funds out of the
treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth
day of June, two thousand four, to the department of education - state department of education, fund
8712, fiscal year 2004, organization 0402, all supplementing and amending the appropriation for the
fiscal year ending the thirtieth day of June, two thousand four,"
And,
By Delegates Michael, Doyle, Leach, Boggs, Browning, Cann and Houston:
H. B. 4751 - "A Bill making a supplementary appropriation of federal funds out of the
treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of military affairs and public safety -
adjutant general - state militia, fund 8726, fiscal year 2004, organization 0603, all supplementing and
amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four."
Chairman Stemple, 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. 631, Relating to state fertilizer law,
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 of the bill to the Committee on
the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 631) to the Committee on the Judiciary
was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (S. B. 631) will be placed on the Consent Calendar.
Chairman Pethtel, from the Committee on Industry and Labor, Economic Development and
Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had
under consideration:
S. B. 71, Relating to verifying legal employment status of workers employed in state,
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.
In accordance with the former direction of the Speaker, the bill (S. B. 71) was referred to the Committee on the Judiciary.
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:
S. B. 501, Relating to disqualification for public retirement plan benefits; other provisions,
And,
S. B. 502, Relating to rights of members of teachers defined contribution retirement system,
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 Finance.
In accordance with the former direction of the Speaker, the bills (S. B. 501 and S. B. 502)
were each referred to the Committee on Finance.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a report from the Joint Committee on Government and
Finance, which was read by the Clerk as follows:
Joint Committee on Government and Finance
West Virginia Legislature
State Capitol
Charleston, WV
March 1, 2004
West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:
The Joint Committee on Government and Finance submits this report on studies and other
matters it authorized to be made between the 2003 and 2004 regular sessions of the Legislature.
A. The Joint Committee on Government and Finance authorized the following
subcommittees:
- Agriculture and Agri-business Committee
- Insurance Availability and Medical Malpractice Insurance Committee
- Juvenile Foster Care, Detention and Placement Task Force
- Parks and Recreation Subcommittee
5. Post Audits Subcommittee
- Joint Committee on Technology
7. Select Committee A - Water Issues
8. Select Committee B - Minority Issues
- Select Committee C - Turnpike/Wireless Phone and 911 Services
- Select Committee D - Surface Mining
- Select Committee on State Aid to Schools
B. The Joint Committee on Government and Finance received reports from the following:
- Agriculture and Agri-business Committee
- Commission on Interstate Cooperation
- Joint Commission on Economic Development
- Legislative Oversight Commission on Health and Human Resources
Accountability
- Insurance Availability and Medical Malpractice Insurance Committee
- Parks and Recreation Subcommittee
- Legislative Oversight Commission on Workforce Investment for Economic
Development
- Joint Committee on Technology
- Select Committee B - Minority Issues
- Select Committee C - Turnpike/Wireless Phone and 911 Services
- Select Committee D - Surface Mining
- Joint Standing Committee on Finance
C. The Joint Committee on Government and Finance received statutorily required reports
from the following:
1. West Virginia Forest Management Review Commission
2. Equal Pay Commission
D. The Joint Committee on Government and Finance assigned studies to its subcommittees
and to statutory committees/commissions as follows:
- Agriculture and Agri-business Committee
Costs and benefits associated with deer population
Aquaculture
Deer Farming
- Joint Commission on Economic Development
Tax modification
Workers' Compensation
Tamarack missions and objectives
Double stacking rail containers through Southern West Virginia
Public private highway construction projects
Hatfield-McCoy Trail connection into Chief Logan Park
Job development initiatives for Promise Scholarship recipients
Prospects of merging Charleston and Huntington metropolitan statistical areas by
2010
Movement toward a digital economy
Watershed development plan for Southern West Virginia
WV TVA for Southern West Virginia
- Legislative Oversight Commission on Health and Human Resources
Accountability
Need for creating forensic science task force
Establishing residential community for senior citizens
Medicaid Waiver Program
Shortage of qualified nursing personnel to be involved in various studies
Condition of the mental health plan in regard to organization and availability of
services
Study whether working cooperatively with providers of HUD housing would
decrease the unnecessary institutionalization of elderly individuals
Cost and effectiveness of the Medicaid Program preferred drug list
- Insurance Availability and Medical Malpractice Insurance Committee
Benefits of captive insurance companies and the most effective means of
regulating these entities
Availability and affordability of automobile insurance in West Virginia
Availability and affordability of commercial, property and casualty insurance
- Juvenile Foster Care, Detention and Placement Task Force
Juvenile Foster Care System
- Parks, Recreation and Natural Resources Subcommittee
Single hunting, fishing and trapping license
- Select Committee A - Water Issues
Protection of water supply
- Select Committee B - Minority Issues
High unemployment rate and other socioeconomic problems confronting African
Americans in this state
- Select Committee C - Turnpike/Wireless Phone and 911 Services
Traffic control on turnpike and certain highways
Wireless Phone and 911 Services
- Select Committee D - Surface Mining
Rules and policies of Office of Surface Mining Reclamation and Enforcement
- Joint Committee on Technology
Use, benefits and management of technology as it impacts the Legislature
Examining how the Legislature might operate more efficiently and effectively
through the use of computers and communication technology
E. The Joint Committee on Government and Finance referred adopted study resolutions
and other areas of study as listed below to the following standing committees it
authorized to meet between the 2003 and 2004 regular sessions of the Legislature:
1. Joint Standing Committee on Education
Economically feasible methods to provide access to library services for citizens
living in remote areas
Grievance procedures for public school employees
School transportation
Changing role of school counseling and potential impact of counselors on students
in the public schools of the state
2. Joint Standing Committee on Finance
Subcommittee A - Reorganizing executive branch of government; newborn health
screening
Subcommittee B - Impact of tax base of local governments when private lands are
converted to parks or forests; legislative budgetary controls
Subcommittee C - Governmental purchasing system
3. Joint Standing Committee on Government Organization
Subcommittee A - County and municipal and-use planning; powers, duties and
functions of the governor's cabinet on children and families
Subcommittee B - Wheelchair accessible ramps and covered walkways to wings
of State Capitol; planning safe evacuation of people with disabilities from State
Capitol Complex; state's vital statistics system
Subcommittee C - Feasibility of developing and maintaining a central abuse
registry; feasibility of establishing a statewide trail coordinator to promote
tourism and economic development; Chapter 30 Licensing Board issues
4. Joint Standing Committee on the Judiciary
Subcommittee A - Teenage in-vehicle alcohol and drug use; hospital overtime
policies; all-terrain vehicles; regulation of licensed health care professions;
annexation laws
Subcommittee B - Improving Department of Transportation employee handbook;
administration of estates; payday advances and lending; clean elections;
sustainable business program
Subcommittee C - Bail bondsmen; state response to acts of terrorism;
expungement of first offender records; identity conversions; polygraph testing
for sex offenders
5. Joint Standing Committee on Pensions and Retirement
Converting teachers' retirement system to defined benefit retirement system
Retirement programs for certain employees
Feasibility of providing retirement programs for various state agencies
F. The Joint Committee on Government and Finance authorized combined internship
programs as follows:
Legislative Intern Committee - Frasure-Singleton Intern Program; Graduate Student Intern Program
(Walter Rollins Scholars Intern Program and Robert W. Burk, Jr. Student Intern
Program)
; Herndon Legislative Fellows Program
G. The Joint Committee on Government and Finance also received monthly and quarterly
status reports on the following:
Board of Risk and Insurance Management
Children's Health Insurance Program
Lottery
Medicaid
Public Employees Insurance Agency
State's General Revenue Fund
Unemployment Compensation Trust Fund
Welfare Reform
Workers' Compensation Trust Fund
Post audit reports released by the Post Audits Subcommittee are on file in the Post Audit
Division of the Legislative Auditor's Office. Other reports are on file in the Legislative Manager's
Office.
Respectfully submitted,
Earl Ray Tomblin,
President of the Senate
Robert S. Kiss,
Speaker of the House of Delegates
Cochairs, Joint Committee on
Government and Finance.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 4560, Requiring that firefighters and security guards employed by the adjutant general
of the national guard be members of the national guard.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 67, Designating March 3rd, 2004 as "Disability Awareness Day".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 73, Designating Thursday, March 4, 2004, as "Friends of Coal Day" at the State Capitol.
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, of
Com. Sub. for S. B. 500, Relating to fees for agents selling hunting and fishing licenses.
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. 563 - "A Bill to amend and reenact §5-10-2, §5-10-17, §5-10-21, §5-10-23, §5-10-26,
§5-10-27 and §5-10-44 of the code of West Virginia, 1931, as amended, all relating to the rights of
members to select a plan beneficiary; requiring certification of disability and copy of tax return from
those persons receiving disability retirement payments; providing that interest is to be included in
the calculation of terminal benefits payable as the result of death of retired participants; alphabetizing
definitions; defining service credit for certain employees; adding definition of 'employer error'; and
providing guidance on correcting employer errors."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 563) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
S. B. 199, Relating to appointments to commission for deaf and hard-of-hearing,
S. B. 296
, Continuing center for professional development board,
And,
S. B. 471
, Continuing state board of risk and insurance management.
On the passage of the bills, the yeas and nays were taken (Roll No. 455), and there were--yeas
95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Coleman, Fragale, Iaquinta and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (S. B. 199, S. B. 296 and S. B. 471) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Cann, Coleman, Fragale, Iaquinta and Swartzmiller.
At 12:52 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Monday, March 8, 2004.