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Thursday, February 12, 2004



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 Wednesday, February 11, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration:

H. C. R. 19, Naming the replacement bridge on Sellers Run Road in Tyler County the "E. Glenn Moore Memorial Bridge",

And,

H. C. R. 20, Naming an existing bridge situate approximately one and four-tenths miles up Elk Creek in Delbarton, Mingo County, West Virginia, to John Hunt,

And reports the same back with the recommendation that they each be adopted.

Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

H. B. 4211, Highways, use of state road rights-of-way and adjacent areas,

And,

H. B. 4212, Highways, transportation of hazardous wastes upon roads and highways,

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.
In accordance with the former direction of the Speaker, the bills (H. B. 4211 and H. B. 4212) were each 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. 4219, Insurance Commissioner, self-insurance pools for political subdivisions,

And,

H. B. 4244, Statewide Addressing and Mapping Board, addressing and mapping standard and participation by public agencies,

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.

In accordance with the former direction of the Speaker, the bills (H. B. 4219 and H. B. 4244) were each referred to the Committee on the Judiciary.

Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 4141, Authorizing patients or residents of certain health care facilities or homes to designate nonrelatives to receive the same visitation privileges as immediate family members, 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.

In accordance with the former direction of the Speaker, the bill (H. B. 4141) was referred to the Committee on the Judiciary.

Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 4076, Requiring the secretary of the department of health and human resources to consider a method to obtain medicaid reimbursement to retail pharmacies to the cost of certain prescriptions,

And,

H. B. 4309, Providing for a program intended to divert low-income residents from early institutionalization in nursing homes by providing personal home care in their communities,

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 (H. B. 4076 and H. B. 4309) were each referred to the Committee on Finance.

Chairman Kuhn, 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. 4372, Establishing a voluntary veterans transportation income tax refund check-off program to help fund transportation services for the state's veterans,

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 Finance.

In accordance with the former direction of the Speaker, the bill (H. B. 4372) was 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. 4326, Modernize the long-term care insurance act within the insurance code,

And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bill (H. B. 4326) was 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. 4303, Relating to Gramm-Leach-Bliley and reciprocity,

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.

In accordance with the former direction of the Speaker, the bill (H. B. 4303) was 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. 4218, Insurance Commissioner, credit for reinsurance,

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 (H. B. 4218) was referred to the Committee on the Judiciary.

Chairman Cann, 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:

H. B. 4195, Economic Development Authority, Venture Capital Act,

And,

H. B. 4196, Economic Development Authority, economic development and technology advancement centers,

And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4195 and H. B. 4196) were each referred to the Committee on the Judiciary.

On motion for leave, a bill was introduced (Originating in the Committee on Industry and Labor, Economic Development and Small Business 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 Cann, Pethtel, Perry, Palumbo, Browning, Poling and Walters:

H. B. 4451 - "A Bill to amend and reenact §5E-1-16 and §5E-1-17 of the code of West Virginia, 1931, as amended, relating to the West Virginia capital company act; and clarifying that the economic development authority and tax commissioner are authorized to require certain examination and compliance actions."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4451) will be placed on the Consent Calendar.

On motion for leave, a bill was introduced (Originating in the Committee on Pensions and Retirement and reported by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on Finance), which was read by its title, as follows:

By Delegates Campbell, Craig, Browning, Frederick, Hall and Duke:

H. B. 4452 - "A Bill to amend and reenact §15-2A-2 and §15-2A-6 of the code of West Virginia, 1931, as amended, all relating to the West Virginia state police retirement system; providing definitions for month of service and years of service; and specifying starting date of annuity."

In the absence of objection, the Speaker referred the bill (H. B. 4452) to the Committee on Finance.

On motion for leave, a bill was introduced (Originating in the Committee on Pensions and Retirement and reported by unanimous vote of the Committee, without recommendation as to its passage, but that it first be referred to the Committee on Finance), which was read by its title, as follows:

By Delegates Campbell, Craig, Frederick and Hall:

H. B. 4453 - "A Bill to amend and reenact §7-14D-2, §7-14D-5, §7-14D-7, §7-14D-12, §7- 14D-13, §7-14D-14, §7-14D-15, §7-14D-20, §7-14D-21 and §7-14D-23 of the code of West Virginia, 1931, as amended, and to further amend said chapter by adding thereto a new section, designated section §7-14D-24, all relating to the deputy sheriffs' retirement system; rights of members to provide additional beneficiary nomination clarification; correcting conflicting language regarding burial benefits; setting forth return to covered employment limitations for retired members; placing loan provisions within federal standards; allowing board option to increase the employer contribution up to a maximum of ten and one-half percent and making technical corrections."

In the absence of objection, the Speaker referred the bill (H. B. 4453) to the Committee on Finance.

Chairman Fleischauer, from the Committee on Constitutional Revision, submitted the following report, which was received:

Your Committee on Constitutional Revision has had under consideration:
H. J. R. 105, Veterans Bonus Amendment of 2004,

And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it be adopted, as amended, but that it first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the resolution (H. J. R. 105) was referred to the Committee on Finance.

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:

H. B. 4173, Agriculture, frozen and imitation frozen desserts,


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 (H. B. 4173) was referred to the Committee on the Judiciary.

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:

H. B. 4174, Agriculture, dairy, and imitation dairy products,


And,

H. B. 4175, Agriculture, West Virginia seed law,

And reports the same back, with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4174 and H. B. 4175) were each referred to the Committee on the Judiciary.

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. 4233, Natural Resources, special motorboating regulations,

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 (H. B. 4233) was referred to the Committee on the Judiciary.

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. 4232, Natural Resources, revocation of hunting and fishing licenses,

And,

H. B. 4234, Natural Resources, special fishing rule,

And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4232 and H. B. 4234) were each referred to the Committee on the Judiciary.


Messages from the Senate


A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of the House of Delegates as follows:

H. B. 4020, Protecting personal information maintained by the state from inappropriate disclosure.

On motion of Delegate Staton, the bill was taken up for immediate consideration.

The following Senate amendments were reported by the Clerk:

On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

"That the code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §5A-8-21 and §5A-8-22, all to read as follows:
ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION.
§5A-8-21. Limitation on release of certain personal information maintained by state agencies and entities regarding state employees.


(a) The following personal information maintained by executive, legislative or judicial branch agencies of the state of West Virginia regarding persons in their capacity as state officers, employees, retirees or the legal dependents thereof is hereby deemed to be confidential and exempt from disclosure to non-governmental entities in documents otherwise subject to disclosure under the provisions of chapter twenty-nine-b of this code:

(1) An individual's home address;

(2) An individual's social security number;

(3) An individual's credit or debit card numbers;

(4) An individual's driver's license identification number; and

(5) An individual's marital status or maiden name.

(b) It is the policy of the state of West Virginia that the information enumerated in subsection (a) of this section is personal and confidential and should only be released to non-governmental entities for such purposes as are authorized by federal law or regulation, a provision of this code or a legislative rule promulgated pursuant to the provisions of chapter twenty-nine-a of this code.
§5A-8-22. Personal information maintained by state entities.

(a) The following information maintained by state executive branch agencies with respect to individuals and their dependents, is personal information, exempted from disclosure under the provisions of article one, chapter twenty nine-b of this code, and may not be released to non- governmental entities:

(1) An individual's social security number; or

(2) An individual's credit or debit card number.

(b) Notwithstanding the provisions of subsection (a) of this section, the information enumerated in said subsection may be released for such purposes as are authorized by federal law or regulation, a provision of this code or a legislative rule promulgated pursuant to the provisions of chapter twenty-nine-a of this code."

And,

By amending the title of the bill to read as follows:

H. B. 4020 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5A-8-21 and §5A-8-22, all relating to limiting disclosure of personal information maintained by the legislative, judicial or executive agencies of the state of West Virginia relating to state employees due to their state employment and creating lesser restrictions on information maintained by executive branch agencies on citizens generally."

On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.

The bill, as amended by the Senate, was then put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 110), 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: Brown, Coleman and Manchin.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4020) passed.

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, a bill of the House of Delegates as follows:

H. B. 4131, Requiring certain reporting to the legislative oversight commission on workforce investment for economic development.

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. 428 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-1-4, relating to defining 'transacting insurance' "; which was referred to the Committee on Banking and Insurance then the Judiciary.

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. 18 - "Requesting the Division of Highways name the bridge on U. S. Route 60 spanning Kelly Creek in Cedar Grove, Kanawha County, the 'Dr. Otis K. Rice Bridge'."

Whereas, Dr. Otis K. Rice, a native of Hugheston, Kanawha County, was the son of the late Charles Orion and Mary Catherine Belcher Rice; and

Whereas, Dr. Rice rose from humble beginnings to become one of West Virginia's most distinguished teachers and scholars by reaching countless West Virginians through his teachings and textbooks; and

Whereas, Dr. Rice began teaching history at West Virginia Institute of Technology in 1957 and retired in 1997 as Dean of the School of Humanities and Sciences, with the title of Professor Emeritus of History; and

Whereas, Dr. Rice, known as one the fathers of West Virginia history, is credited with writing many of the definitive books on West Virginia, including The Allegheny Frontier; West Virginia: The State and Its People; Frontier Kentucky; The Hatfields and the McCoys; Charleston and the Kanawha Valley; West Virginia, A History; History of Greenbrier County; History of Lewisburg Methodist Church; A History of West Virginia Banking, which he coauthored with Steve Brown; and A History of the Sheltering Arms Hospital, which he coauthored with Wayne Williams; and

Whereas, Dr. Rice was the recipient of many awards, including Associate of the Danforth Foundation in 1968, which recognizes outstanding teaching and concern for students; the first annual Award of the West Virginia Humanities Council; the first Virgil A. Lewis Award of the West Virginia Historical Society; Centennial Alumnus of the Year from Morris Harvey College in 1988; Vice Chairman of the Kanawha Bicentennial Commission of 1988; Alumnus of the Year from West Virginia Institute of Technology in 1991; Honorary Doctor of Humane Letters degree from West Virginia University; and the first Governor's Award for Contributions to Culture, History and the Arts; and

Whereas, Dr. Rice was named West Virginia's first Historian Laureate by Governor Bob Wise on July 22, 2003; and

Whereas, The lifetime contributions of Dr. Rice, who passed away September 22, 2003, at the age of 84, will extend long into the future, if not forever; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the bridge on U. S. Route 60 spanning Kelly Creek in Cedar Grove, Kanawha County, the "Dr. Otis K. Rice Bridge"; and, be it

Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge with a prominent and legible inscription; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to Alma Rice, Rosalie Rice and Sarah Lee Skaggs, sisters of the late Dr. Otis K. Rice.

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 Division of Highways name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the 'Dewey Russell Crowder Bridge'."

Whereas, Dewey Russell Crowder lived on Douglas Branch off Frame Road near Elkview at the time he entered the Army; and

Whereas, Dewey Russell Crowder was killed in action on November 22, 1944, near the Elbe River in Germany while serving with General George S. Patton's 3rd Army in World War II; and

Whereas, Dewey Russell Crowder was only 19 years old when he paid the ultimate price in defense of his country; and

Whereas, Dewey Russell Crowder and others like him who made the supreme sacrifice to preserve our country's freedoms are worthy of our deepest gratitude and remembrance; and

Whereas, It is only fitting that the new bridge on Frame Road near Dewey Russell Crowder's childhood home be named in his honor; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the "Dewey Russell Crowder Bridge"; and, be it

Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge as the "Dewey Russell Crowder Bridge"; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Dewey Russell Crowder.

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. 22 - "Requesting the Division of Highways name the bridge south of toll barrier C on the West Virginia Turnpike at Sharon, Kanawha County, the 'Tony DeRaimo Memorial Bridge'."

Whereas, The Honorable Tony DeRaimo, a former coal miner, served the Senate of West Virginia with dedication and pride for 23 years and served nine years as the Sergeant at Arms; and

Whereas, The Honorable Tony DeRaimo also served the citizens of eastern Kanawha County through his participation in many civic activities, especially the establishment of the Cabin Creek Health Clinic in Dawes, West Virginia. He was extremely proud to have served as a member of the board and as treasurer for this worthwhile service to the citizens of the Cabin Creek community; and

Whereas, The Honorable Tony DeRaimo passed away on January 10, 2004. His memory and dedicated service to the Senate will long be remembered; and

Whereas, It is fitting that a lasting tribute be paid to such an outstanding gentleman as Tony DeRaimo, former coal miner, public servant and Senate Sergeant at Arms; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the bridge south of toll barrier C on the West Virginia Turnpike at Sharon, Kanawha County, the "Tony DeRaimo Memorial Bridge"; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Tony DeRaimo Memorial Bridge"; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.

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. 35 - "Requesting the Division of Highways name Route 24 from Interstate 79 to the Smith Chapel Church as 'Warner Road' in honor of Barbara Ann Warner, a delegate from the forty- first delegate district."

Whereas, The Honorable Barbara Warner, a democrat from Bridgeport, Harrison County, was elected to the House of Delegates in 1988 and reelected in 1992, 1994, 1996, 1998, 2000 and 2002; and

Whereas, The Honorable Barbara Warner has served as Chair of the House Committee on Roads and Transportation; and

Whereas, The Honorable Barbara Warner is the proud mother of two children; and

Whereas, Delegate Warner is a member in good standing of Rotary, West Virginia Mining and Reclamation, USCO, NFIB, LOOM, Harrison County Homemakers, West Virginia Chamber of Commerce, Governor's Office of Community and Industrial Development Advisory Board and West Virginia High Technology Consortium. She was a recipient of the Harley O. Staggers National Transportation Center Award and a 1986 White House Conference on Small Business Delegate; and

Whereas, Barbara Warner, both publicly and privately, has contributed greatly to the quality of life in Harrison County and the State of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name Route 24 from Interstate 79 to the Smith Chapel Church as "Warner Road" in honor of Barbara Ann Warner, a delegate from the forty-first delegate district; and, be it

Further Resolved, That the Division of Highways provide and erect a sign at either end of that portion of Route 24 from Interstate 79 to the Smith Chapel Church designating it as "Warner Road"; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the Honorable Barbara Warner.

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. 36 - "Requesting the Division of Highways name the bridge on Interstate 68 spanning Route 7 at the Sabraton Exit the 'James and Virginia Herring Memorial Bridge'."

Whereas, James and Virginia Herring were lifelong residents of Preston County; and

Whereas, James and Virginia Herring were active in the community, both in the counties of Preston and Monongalia, and in the city of Morgantown; and

Whereas, James Herring retired from Rockwell International (also known as the Sterling Manufacturing Company) after 22 years of service, then served another seven years part-time for West Virginia University; and Virginia Herring retired after 20 years of active service in higher education for West Virginia University; and

Whereas, James and Virginia Herring were proud of their West Virginia heritage, contributing greatly to the quality of life in West Virginia, raising their family and celebrating their sixty-ninth wedding anniversary in 2003; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the bridge on Interstate 68 spanning Route 7 at the Sabraton Exit the "James and Virginia Herring Memorial Bridge"; and, be it

Further Resolved, That the Division of Highways provide and erect a sign at either end of the bridge on Interstate 68 spanning Route 7 designating it as "James and Virginia Herring Memorial Bridge"; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of the late James and Virginia Herring.
Resolutions Introduced


Delegates Amores, Brown, Calvert, Caputo, DeLong, Ellem, Faircloth, Fleischauer, Hrutkay, Kominar, Mahan, Morgan, Overington, Palumbo, Pethtel, Pino, Schadler, Smirl, Staton, R. Thompson, Webb and Webster offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 31 - "Requesting the Joint Committee on Government and Finance to study the use of credit scoring to be used as a factor in determining the amount of a premium charged for issuance of an insurance policy."

Whereas, Insurance companies currently use credit scoring as a factor in determining the amount of a premium charged for issuance of an insurance policy; and

Whereas, The credit information obtained for use may be incorrect or incomplete and an unnecessary invasion of privacy; and

Whereas, Use of this information may unfairly discriminate against low income and young people, or others with no established credit history; and

Whereas, This information may be detrimental to an insureds status, insofar as insurance could be inappropriately denied, canceled or non-renewed due to use of this information; and

Whereas, An insureds premiums may be affected due to use of this information; and

Whereas, Factual income information is indicative of an insureds ability to pay a premium, credit information in no way reflects the insureds actual risk to the insurer; and

Whereas, Sound public policy requires that premium rates charged for insurance shall not be excessive, inadequate or unfairly discriminatory; and

Whereas, The Legislature should be encouraged to specify premium rate development and review in accordance with insurance actuarial best practices and procedures; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study credit scoring to be used as a factor in determining the amount of a premium charged for issuance of an insurance policy; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with the 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.

Delegates Caputo, Manchin and Renner offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 32 - "Requesting the Division of Highways to erect a plaque dedicating the 'Bowers Bridge,' located at Mannington in Marion County, to Herbert 'Pete' Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter."

Whereas, The Bowers Bridge has faithfully served the citizens of Marion County for many years; and

Whereas, The bridge, over time, came into substantial disrepair; and

Whereas, To effect repair or replacement of the bridge required a substantial effort on the part of people in the community; and

Whereas, The bridge has now been constructed and it is time to recognize those persons most responsible for securing it; and

Whereas, Herbert "Pete" Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter were those persons who came forward and led the effort by devoting many hours to the project; and

Whereas, Those selfless men dedicated themselves to the bridge, it is only appropriate that the new "Bowers Bridge" be dedicated to them; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways to erect a suitable plaque on the "Bowers Bridge" at Mannington, Marion County, dedicating the bridge to Herbert "Pete" Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter, without whose effort the bridge would never have been built; and, be it

Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of Highways, Herbert "Pete" Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter, Mannington, West Virginia.

Delegate Campbell (By Request) offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 33 - "Requesting the Joint Committee on Government and Finance to conduct a study of grandparent visitation rights to determine if more effective mechanisms can be developed to better protect grandparents' right of access to their grandchildren in cases of divorce or legal separation."

W HEREAS , Grandparents often develop strong bonds with their grandchildren, only to have that relationship severed when the children's parents divorce or legally separate; and

W HEREAS , Often it is not only in the best interest of grandparents to continue that relationship, but more importantly, it is in the best interest of the children to continue the grandparent relationship; and

W HEREAS , In this age of declining traditional family units and growing single family households, it is more important than ever to provide our children with access to the loving support and wisdom of their grandparents; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to conduct a study of grandparents visitation rights to determine if more effective mechanisms can be developed to better protect grandparents' right of access to their grandchildren in cases of divorce or legal separation; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, 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.

On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Delegates Armstead, Sobonya, Howard and Louisos:

H. J. R. 106 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof by adding thereto a new section, designated section fifty-seven, relating to providing that the Constitution of West Virginia does not grant, offer, confer, bestow, or imply a right of a woman to an abortion"; to the Committee on Constitutional Revision then the Judiciary.


Bills Introduced


On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates Amores, Brown, Foster, Frich, Hrutkay, Schadler and Fleischauer:

H. B. 4420 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16E-1, §33-16E-2, §33-16E-3, §33-16E-4 and §33-16E-5, all relating to requiring health insurance plans to cover the cost of contraceptives for their participating members; and providing penalties for noncompliance"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Calvert, Amores and Webb:

H. B. 4421 - "A Bill to amend and reenact §35-1-8 of the code of West Virginia, 1931, as amended, relating to increasing the quantity of real estate that may be held by a trustee for a branch of any religious sect"; to the Committee on the Judiciary.

By Delegates Frich and Romine:

H. B. 4422 - "A Bill to amend and reenact §16-2F-6 of the code of West Virginia, 1931, as amended, relating to requiring physicians who perform abortions to report to the department of health whether the male who impregnated the minor female receiving the abortion was eighteen years or older at the time of the impregnation"; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Schoen:

H. B. 4423 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-26, relating to allowing pharmacists and other individuals involved in dispensing medicines to refuse to fill prescriptions or dispense any substance that can be used as an abortifacient or that can be used as part of an abortion-related procedure; providing employee protection; and providing criminal penalty"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Swartzmiller, Beach, Pethtel, Stemple, Williams, Shaver and Ennis:

H. B. 4424 - "A Bill to amend and reenact §7-14D-2, §7-14D-5 and §7-14D-13 of the code of West Virginia, 1931, as amended, all relating to technical corrections, grammatical corrections, clarifying that redeposits are submitted on salary earned (prior to the creation of the Deputy Sheriff Retirement System Act), regardless if such prior service in the public employee retirement system was earned as a deputy sheriff, also extending the time a member has to repay redeposit for prior service"; to the Committee on Pensions and Retirement then Finance.

By Delegate R. M. Thompson (By Request):

H. B. 4425 - "A Bill to amend and reenact §32A-3-1 and §32A-3-3 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §32A-4-1, §32A-4-2, §32A-4-3, §32A-4-4, §32A-4-5, §32A-4-6, §32A-4-7, §32A-4-8, §32A-4-9, §32A-4-10, §32A-4-11, §32A-4-12, §32A-4-13, §32A-4-14, §32A-4-15, §32A-4-16, §32A-4-17, §32A-4-18, §32A-4-19, §32A-4-20, §32A-4-21, §32A-4-22, §32A-4-23, §32A-4-24, §32A-4-25, §32A-4-26, §32A-4-27, §32A-4-28, §32A-4-29, §32A-4-30 and §32A-4-31, all relating to the deferred deposit loan act"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates R. M. Thompson, Perry and H. White:

H. B. 4426 - "A Bill to amend and reenact §7-6-1 of the code of West Virginia, 1931, as amended; to amend and reenact §8-13-22a of said code; to amend and reenact §18-9-6 of said code, all relating to the requirement of banking institutions to post bond or other security for the deposit of county, municipal or county board of education funds"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Trump, Crosier, Beach, Pethtel, Long and Yeager:

H. B. 4427 - "A Bill to amend and reenact §18-5-45 of the code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-3, all relating to funding salaries of principals for 220 days"; to the Committee on Education then Finance.

By Delegate Walters:

H. B. 4428 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-5A-1, §22-5A-2 and §22-5A-3, all relating to establishing the West Virginia protection of air quality related values act"; to the Committee on the Judiciary.

By Delegates Warner and Renner:

H. B. 4429 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5, §17C- 5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9, §17C-5C-10 and §17C-5C-11, 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"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Warner and Renner:

H. B. 4430 - "A Bill to amend and reenact §17B-2-1, §17B-2-1a, §17B-2-2, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-7, §17B-2-7a, §17B-2-7b, §17B-2-7c, §17B-2-8 and §17B-2-12 of the code of West Virginia, 1931, as amended; all relating to the qualifications, eligibility, issuance, expiration and disposition of driver's licenses and nondriver identification cards; fees and funding and providing immunity for official actions of members of the driver's license advisory board"; to the Committee on Roads and Transportation then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Butcher, Michael, Stemple, Mezzatesta, Varner and Kuhn:


H. B. 4431 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-9b, relating to establishing a lottery scratch-off game for the benefit of West Virginia firefighters; creating fund; providing for legislative rule and expenditures from the fund"; to the Committee on the Judiciary then Finance.

By Mr. Speaker, Mr. Kiss, and Delegates Cann, Michael, Kominar and Fragale:

H. B. 4432 - "A Bill to amend and reenact §12-3-10a, §12-3-10b and §12-3-10e of the code of West Virginia, 1931, as amended, all relating to the clarification of duties, responsibilities and rights regarding administration of the purchase card program; raising the transaction limit; providing the auditor authority to select vendors; providing for attachment of pension benefits in the event of fraud; and adding members to the purchasing card advisory committee"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Pino, Webb, Stemple, Schadler, Craig and Amores:


H. B. 4433 - "A Bill to amend and reenact §61-2-29 of the code of West Virginia, 1931, as amended, relating to abuse or neglect of an incapacitated adult; adding the crimes of abuse and neglect of an elderly person age sixty-five years or older and the crime of misuse and misappropriation of the funds or assets of an elderly person; and creating the crime of misuse or misappropriation of the funds or assets of an elderly person through deception, intimidation, coercion, the infliction of bodily injury or the threat of bodily injury"; to the Committee on the Judiciary.

By Delegates Amores, Mahan, Craig, Faircloth, Pino and Schadler:

H. B. 4434 - "A Bill to amend and reenact §49-6-1 of the code of West Virginia, 1931, as amended, relating to expanding the possible venues where a child neglect or abuse petition may be filed"; to the Committee on the Judiciary.

By Delegates Armstead, Amores, Webb, Brown and Walters:

H. B. 4435 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-29-11, relating to requiring any law-enforcement agency hiring a person within three years of his or her training at the West Virginia law-enforcement training academy to pay a fraction of the cost of such training to the law-enforcement agency sponsoring and funding the graduate's training"; to the Committee on Political Subdivision then the Judiciary.

By Delegates Armstead, Sumner, Sobonya, Carmichael, Blair, Calvert and Webb:

H. B. 4436 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9h, relating to creating a new exemption for purchases of certain items by consumers during one weekend each quarter"; to the Committee on Finance.

By Delegates Border, Warner, Shelton, Anderson, Azinger, Ellem and Beane:

H. B. 4437 - "A Bill to amend and reenact §17-24A-1 and §17-24A-2 of the code of West Virginia,1931, as amended, all relating to abandoned motor vehicles; definitions; exceptions; and penalties"; to the Committee on the Judiciary.

By Delegates Caputo, Butcher, Kuhn, Manchin, Mahan, Tucker and Perdue:

H. B. 4438 - "A Bill to amend and reenact §22-3-15 of the code of West Virginia, 1931, as amended, relating to inspections of surface-mining operations by the director or the division of environmental protection or his or her designee and requiring that an authorized representative of the miners at the mine be allowed to accompany the person performing the inspection"; to the Committee on the Judiciary.

By Delegates Caputo, Manchin, Mahan, Tucker, Perdue, Kuhn and Butcher:

H. B. 4439 - "A Bill to amend and reenact §22-3-9 of the code of West Virginia, 1931, as amended, relating to mining extension permits; and requiring an applicant for a mining extension to provide a copy of the permit application to a representative of the miners at that mine"; to the Committee on the Judiciary then Finance.

By Delegate Evans:

H. B. 4440 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §6-7-1a, relating to permitting certain officers and state employees to waive their salaries; setting forth methodology of waiver; and other provisions as to waiver of salary"; to the Committee on Government Organization then Finance.

By Delegates Leach, R. M. Thompson, Houston, Foster and Boggs:

H. B. 4441 - "A Bill to amend and reenact §16-22-3 of the code of West Virginia, 1931, as amended, relating to the expansion of newborn testing to include sickle cell anemia and congenital adrenal hypoplasia"; to the Committee on Health and Human Resources then Finance.

By Delegates Overington, Trump and Hall:

H. B. 4442 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to justification to use deadly force by a pregnant woman when she reasonably believes that her unborn child's life is threatened"; to the Committee on the Judiciary.
By Delegates Stalnaker, Warner, Fragale, Browning, R. M. Thompson, Proudfoot and Perdue:


H. B. 4443 - "A Bill to amend and reenact §12-4-14 of the code of West Virginia, 1931, as amended, relating to providing flexibility to organizations receiving less than one hundred thousand dollars of state funds in obtaining audits and reviews"; to the Committee on Government Organization then Finance.

By Delegates Trump, Wakim, Romine, Walters, Hall, Overington and Schadler:

H. B. 4444 - "A Bill to repeal §18-5-44 of the code of West Virginia, 1931, as amended; to amend and reenact §18-5-18 of said code; and to amend and reenact §18A-4-2 of said code, all relating to secondary education; discontinuing early childhood education programs except for children with certain disabilities; removing the requirement that all county school boards provide early childhood education programs no later than the school year two thousand twelve-two thousand thirteen and thereafter; increasing the state minimum salaries for teachers effective the first day of July, two thousand four"; to the Committee on Education then Finance.

By Delegates Varner, Kominar, G. White, Williams, Stemple, Browning and Ennis:

H. B. 4445 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §2-2A-l, §2-2A-2 and §2-2A-3, all relating to the establishment of the English language as the official language of the state of West Virginia"; to the Committee on the Judiciary.

By Delegate Warner:

H. B. 4446 - "A Bill to repeal §17D-4-15 and §17D-4-16 of the code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3 of said code; to amend and reenact §17D-2A-3, §17D-2A-6, §17D-2A-7, and §17D-2A-8 of said code; to amend and reenact §17D-5-3 of said code; and to amend and reenact 17D-6-2 of said code, all relating to mandatory security upon motor vehicles, repealing the option of substituting the posting of a bond or other security with the state treasurer or commissioner of motor vehicles in lieu of a motor vehicle liability policy, changing the method of random sampling for determining compliance with the requirement to maintain security, changing the period of suspension of a driver's license for failure to maintain security, requiring the court to forward evidence of compliance to the division of motor vehicles, providing for a criminal penalty for providing false or fraudulent information related to mandatory security, requiring the division to suspend the driver's license of any person upon a showing of forging or filing any false evidence or proof of mandatory security or information and changing the requirements of obtaining a certificate of self insurance"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Warner, Michael, Houston, Stemple, Renner, Hall and Smirl:

H. B. 4447 - "A Bill to amend and reenact §16-2F-3 of the code of West Virginia, 1931, as amended, relating to parental notification requirements for abortions performed on unemancipated minors; waiver; notice to minor of right of petition to circuit court; minor to be referred for counseling; and specifying where notice not required"; to the Committee on the Judiciary.

By Delegates H. White, R. M. Thompson, G. White, Perry and Hrutkay:

H. B. 4448 - "A Bill to amend and reenact §33-13-30a of the code of West Virginia, 1931, as amended, relating to standard nonforfeiture law for individual deferred annuities"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Yeager, Stemple, Beach, Poling, Crosier, Boggs and R. Thompson:

H. B. 4449 - "A Bill to amend and reenact §20-2-46e of the code of West Virginia, 1931, as amended, relating to special hunting permit for disabled persons"; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Yeager, Stemple, Beach, Poling, Crosier, Boggs and R. Thompson:

H. B. 4450 - "A Bill to amend and reenact §20-5-2 of the code of West Virginia, 1931, as amended, relating to permitting the sale of timber severed in a state park incidental to construction activities"; to the Committee on Agriculture and Natural Resources then Finance.


Consent Calendar

Third Reading


The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2200, Creating the felony offense of destruction of property,

And,
Com. Sub. for H. B. 4143, Creating a West Virginia center for nursing to establish a statewide strategic plan to address the nursing shortage in the state and to facilitate recruitment and retention of nurses.

On the passage of the bills, the yeas and nays were taken (Roll No. 111), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman, Doyle and Manchin.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2200 and Com. Sub. for H. B. 4143) passed.

Delegate Staton moved that Com. Sub. for H. B. 4143 take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 114), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman, Doyle and Manchin.

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. 4143) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence therein.


Second Reading


The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 4160, Investigating and interviewing alleged adult victims of abuse or neglect,

And,
H. B. 4286, Repealing the section of the code relating to coverage for alcoholic treatment because it is superseded by another part of the code.


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 S. B. 251, Providing requirements and limitations for mandatory nurse overtime in hospitals; other provisions,
Com. Sub. for H. B. 4373, Making it a crime to alter a traffic-control device with an infrared or electronic device,
H. B. 4418, Continuing the board of architects,

And,
H. B. 4419, Continuing the board of landscape architects.


Special Calendar

Third Reading

H. B. 4134, Substituting the governor's chief technology officer as a member of the employee suggestion award program; 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. 115), 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: Brown, Coleman and Manchin.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4134) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.


First Reading

S. B. 448, Relating to higher education advisory boards generally; on first reading, coming up in regular order, was read a first time and ordered to second reading.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Coleman and Manchin.


Miscellaneous Business


Delegate Doyle announced that he was absent when the votes were taken on Roll Nos. 111 and 114, and that had he been present, he would have voted "Yea" thereon.

Delegate Frich asked and obtained unanimous consent that the remarks of Delegate Trump regarding President Lincoln's birthday be printed in the Appendix to the Journal.

At 12:14 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00 a.m., Friday, February 13, 2004.