__________*__________

Monday, February 16, 2004



The House of Delegates met at 1:00 p.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 Friday, February 13, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


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. 258, Relating to enforcement of domestic violence protective orders generally,

And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for S. B. 258) 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:
H. B. 4364, Including division of forestry employees in the assault and battery statute with similar state personnel,

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 4364 - "A Bill to amend and reenact §61-2-10b of the code of West Virginia, 1931, as amended, relating to including division of forestry employees in the assault and battery statute with similar state personnel,"

With the recommendation that the committee substitute do pass.

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:
H. B. 4156, Providing the West Virginia state police with the ability to define and draw DNA samples from convicted felons for the purpose of maintaining a DNA database,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:

Com. Sub. for H. B. 4156 - "A Bill to amend and reenact §15-2B-3 and §15-2B-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-2B-14, all relating to DNA testing for convicts under certain circumstances,"

With the recommendation that the committee substitute do pass.

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 H. B. 4156) 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:
H. B. 4434, Expanding the possible venues where a child neglect or abuse petition may be filed,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:

Com. Sub. for 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,"

With the recommendation that the committee substitute do pass.

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 H. B. 4434) will be placed on the Consent Calendar.


Messages from the Executive


Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Parole Board, in accordance with section twenty, article one, chapter five of the code; which was filed in the Clerk's Office.


Messages from the Senate


A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of

Com. Sub. for S. B. 125 - "A Bill to amend and reenact §3-8-12 of the code of West Virginia, 1931, as amended, relating to permitting solicitation of certain state employees for contributions to campaigns for or against ballot issues in county or local elections"; which was referred to the Committee on the Judiciary.

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of

Com. Sub. for S. B. 261 - "A Bill to amend and reenact §11-3-5 of the code of West Virginia, 1931, as amended, relating to allowing a supplemental assessment on all personal property when personal property has been omitted from the record books"; which was referred to the Committee on the Judiciary.

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of

S. B. 501 - "A Bill to amend and reenact §5-10A-2 and §5-10A-3 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5- 10A-11, all relating to the disqualification of members for benefits for less than honorable service; adding the West Virginia state police retirement system, the teachers' defined contribution retirement system and the deputy sheriff retirement system to the definition of 'retirement plan'; increasing time to issue notice to terminate benefits; and requiring prosecuting attorneys to notify retirement board of convictions or other disqualifying event"; which was referred to the Committee on Pensions and Retirement then Finance.

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of

S. B. 524 - "A Bill to amend and reenact §18B-2B-4 of the code of West Virginia, 1931, as amended; and to amend and reenact §18C-7-4 of said code, all relating to changing the appointment process for certain members of the council for community and technical college education and the PROMISE scholarship board of control"; which was referred to the Committee on Education.


Resolutions Introduced


Mr. Speaker, Mr. Kiss, and Delegates Amores, Leach, Morgan, Fleischauer, Caruth and Calvert offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 35 - "Requesting the Governor to proclaim the fourth Friday of April, 2004, as 'Children's Memorial Flag Day' in the State of West Virginia."

Whereas, Tragic acts of violence against children are occurring with increasing frequency throughout the United States and the State of West Virginia. These acts of senselessness are destroying innocent lives and devastating families and communities; and

Whereas, Too many of West Virginia's children have been lost in violent, preventable deaths through guns, fire, automobile accidents, physical violence and suicide; and

Whereas, In celebration of life, diversity and hope for the future, the citizens of West Virginia should condemn acts of violence committed against our children and our communities; and

Whereas, A Children's Memorial Flag has been obtained by the State of West Virginia and should be flown on the fourth Friday of April, in remembrance of young lives taken by senseless criminal acts of violence; therefore, be it

Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor to proclaim the fourth Friday of April, 2004, as "Children's Memorial Flag Day" in the State of West Virginia; and, be it

Further Resolved, That the Children's Memorial Flag be flown on the fourth Friday of April, in remembrance of those young lives that have been lost in senseless acts of violence; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor of the State of West Virginia.


Bills Introduced


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

By Mr. Speaker, Mr. Kiss:

H. B. 4481
- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3-1d, relating to allowing teachers holding K-8 endorsements to teach seventh and eighth grade classes"; to the Committee on Education.
By Mr. Speaker, Mr. Kiss:

H. B. 4482 - "A Bill to amend and reenact §30-3-12 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-20F-7 of said code, all relating to physician licensing; permitting a physician who allows his or her medical license to expire upon retirement to retain the original wall license issued by the board of medicine; and exempting a physician holding an inactive license from the one thousand dollar assessment for the physicians' mutual insurance company"; to the Committee on Government Organization then Finance.

By Mr. Speaker, Mr. Kiss (By Request):

H. B. 4483 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3-1d, relating to providing legislative findings that support the loosening of certification requirements on teachers from out-of-state otherwise certified to teach special education and which further support creating an in-state generic special education teaching certification; and, directing the state board of education, in consultation with the secretary of education, to propose legislative rules designed to create a generic special education certification and, additionally, to loosen certification requirements on teachers coming from out of state who hold out-of-state certificates to teach special education"; to the Committee on Education.
By Mr. Speaker, Mr. Kiss, and Delegates Cann, Varner, Stemple and Beach:


H. B. 4484 - "A Bill to amend and reenact §30-3-11a of the code of West Virginia, 1931, as amended, relating to allowing the board of medicine to issue a limited license to practice medicine and surgery without examination to an individual appointed to a West Virginia medical school faculty who holds a valid license to practice medicine and surgery from another country under certain circumstances"; to the Committee on Government Organization.

By Delegates Anderson, Border and Warner:

H. B. 4485 - "A Bill to amend and reenact §17B-3-3a, §17B-3-3c and §17B-3-4 of the code of West Virginia, 1931, as amended, all relating to providing that accessible parking violations will be considered motor vehicle violations and criminal offenses for certain penalty and record keeping purposes"; to the Committee on the Judiciary.

By Delegates Anderson, Border and Warner:

H. B. 4486 - "A Bill to amend and reenact §17C-13-6 of the code of West Virginia, 1931, as amended, relating to allowing parking fees to be charged for accessible (handicapped) parking spaces under certain circumstances; and requiring the commissioner of the division of motor vehicles to provide certain informational documents to accessible parking recipients and to the general public"; to the Committee on Roads and Transportation then Finance.

By Delegates Ashley, Wakim and Webb:

H. B. 4487 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-9, relating to prohibiting cloning human embryos in state medical schools, colleges or universities; and providing for dismissal from employment"; to the Committee on the Judiciary.

By Delegate Caputo:

H. B. 4488 - "A Bill to amend and reenact §33-20-5 of the code of West Virginia, 1931, as amended, relating to insurance generally; and prohibiting the use of a credit score in casualty insurance rate filings"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates DeLong, Amores, Varner, Caputo, Stemple, Perry and Trump:


H. B. 4489 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-11-108, relating to child support; lien upon proceeds of child support debtor's proceeds from a civil judgment, arbitration or workers' compensation case; determination of whether the prevailing party in the judgment, arbitration or workers' compensation case is a child support debtor; and the method of proceeds disbursement"; to the Committee on the Judiciary.
By Delegates Fleischauer, Mahan, Webster, R. Thompson, Ellem, DeLong and Caputo:


H. B. 4490 - "A Bill to amend and reenact §33-2-17 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-20-3 of said code, all relating to establishing the authority of the office of consumer advocacy involving insurance matters over premium rate increases as well as other consumer-related insurance matters; and, prohibiting premium rate setting on the basis of an individual credit report"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Frederick, Caputo, Kuhn, Varner, Pethtel, Stemple and Kominar:


H. B. 4491 - "A Bill to amend and reenact §22A-1-8, §22A-1-9, §22A-1-11, §22A-1-12 and §22A-1-13 of the code of West Virginia, 1931, as amended, all relating to mine inspectors; districts and regions; employment; tenure; oath; bond; mine safety instructors; qualifications; employment; compensation; employment of electrical inspectors; qualifications; salary and expenses; eligibility for appointment as an underground mine inspector; qualifications salary and expenses; removal; eligibility for appointment as surface mine inspector; qualifications; salary and expenses; and removal"; to the Committee on Government Organization then the Judiciary.
By Delegates Howard, Caruth, Sobonya and Armstead:

H. B. 4492 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3C-14b, relating to creating the criminal offense of soliciting a minor via computer and providing for punishment of same"; to the Committee on the Judiciary.

By Delegates Howard and Sobonya:

H. B. 4493 - "A Bill to amend the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-7A-26t, relating to providing a cost-of-living provision for certain persons retired under the teachers retirement system"; to the Committee on Pensions and Retirement then Finance.

By Delegates Manuel, Warner, Pino and Michael:

H. B. 4494 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-2b; and to amend said code by adding thereto a new section, designated §20-7-18e, all relating to driving vehicles, motorboats, jet skis or other motorized vessels; and providing certain first-time offenders convicted of driving while under the influence of alcohol, controlled substances, other drugs or any combination of alcohol, controlled substances or other drugs the option of participating in litter control programs instead of serving time in jail"; to the Committee on the Judiciary then Finance.

By Delegates Pino, Foster, Calvert, Perry and Amores:

H. B. 4495 - "A Bill to amend and reenact §18B-12-10 of the code of West Virginia, 1931, as amended, relating to the assignment and transfer of real property for research and development at institutions of higher education for economic development purposes; and providing that economic development includes housing projects"; to the Committee on Education then the Judiciary.

By Delegate Trump:

H. B. 4496 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring a woman, prior to an abortion, to have a pregnancy test administered at the facility where the abortion is to be performed, and the pregnancy test results must be confirmed prior to the abortion; and penalty"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Yeager, R. Thompson, Stemple, Poling, Williams and Ashley:


H. B. 4497 - "A Bill to amend and reenact §20-7-4 of the code of West Virginia, 1931, as amended, all relating to law enforcement powers and duties of conservation officers; procuring and executing arrest and search warrants on certain lands and waters; serving and executing arrest and search warrants generally; empowering conservation officers to conduct safety checks on boats and make arrests incident to safety check; and making technical corrections"; to the Committee on Agriculture and Natural Resources then the Judiciary.


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. 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.

On the passage of the bills, the yeas and nays were taken (Roll No. 120), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman, Faircloth, Kuhn, Leach, Long, Manchin, Walters and G. White.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 4373, H. B. 4418 and H. B. 4419) passed.

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

H. B. 4451, Clarifying that the economic development authority and tax commissioner are authorized to require certain examination and compliance actions; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.


First Reading


The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2914, Relating to the rehabilitation and liquidation of insurers subject to the regulatory authority of the West Virginia insurance commissioner,
Com. Sub. for H. B. 4001, Ensuring safer schools and empowering teachers by automating student suspension and expulsion data,
Com. Sub. for H. B. 4168, Requiring lenders to have the funds for mortgage loans available at the appropriate time,
Com. Sub. for H. B. 4250, Providing good faith protection for licensed psychologists and psychiatrists acting upon appointment by a court in child custody cases,
Com. Sub. for H. B. 4266, Requiring regulatory agencies of government, with exceptions, to study ways to expedite the issuance of licenses, permits and certificates,
Com. Sub. for H. B. 4273, Changing the authority to appoint guardians of minors from the county commission to the family court,
Com. Sub. for H. B. 4338, Providing for the issuance of special registration plates promoting education and using the special fee for the registration plates to fund transportation for school trips for academic purposes ,

And,
H. B. 4478, Lengthening the time period which county boards are required to publish a year-end financial statement.


Special Calendar

Third Reading

Com. Sub. for S. B. 251, Providing requirements and limitations for mandatory nurse overtime in hospitals; other provisions; on third reading, coming up in regular order, with the restricted right to amend, was reported by the Clerk.

On motion of Delegates Leach and Michael, the bill was amended on page eight, section four, after line twenty-eight, by striking out subsection (g) in its entirety and inserting in lieu thereof the following:

"(g)(1) All moneys paid as administrative penalties pursuant to this section shall be deposited into the health care cost review fund provided by section eight, article twenty-nine-b, chapter sixteen of this code.

(2) In addition to other purposes for which funds may be expended from the health care cost review fund, the West Virginia health care authority shall expend moneys from the fund, in amounts up to but not exceeding amounts received pursuant to subdivision (1) of this subsection, for the following activities in the State of West Virginia:

(A) Establishment of scholarships in medical schools;

(B) Establishment of scholarships for nurses training;

(C) Establishment of scholarships in the public health field;

(D) Grants to finance research in the field of drug addiction and development of cures therefor;

(E) Grants to public institutions devoted to the care and treatment of narcotic addicts; and

(F) Grants for public health research, education and care."

Delegate Hatfield asked and obtained unanimous consent that the rule be suspended to permit the offering and consideration of two amendments to the bill on third reading.

Delegate Hatfield then moved to amend the bill on page three, section two, line nine, by striking out the comma and the words "but does not include certified nurse anesthetists".

The Speaker put the question on the amendment, which did not prevail.

Delegate Caputo requested that the Journal record him as voting "Yea" on the foregoing amendment.

Delegate Hatfield moved to amend the bill on page five, section three, line twenty, by striking out the words "to complete a single patient care procedure already in progress" and inserting in lieu thereof the words "until a single patient care procedure already in progress is completed or until he or she is relieved" followed by a comma.

On the adoption of the amendment, Delegate Hatfield demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 124), and there were--yeas 34, nays 58, absent and not voting 8, with the yeas and absent and not voting being as follows:

Yeas: Anderson, Blair, Butcher, Calvert, Canterbury, Caputo, Caruth, DeLong, Duke, Evans, Frich, Hall, Hatfield, Houston, Howard, Hrutkay, Louisos, Manuel, Martin, Paxton, Perdue, Romine, Schoen, Smirl, Sobonya, Spencer, Sumner, Susman, R. M. Thompson, Trump, Wakim, Webb, Wright and Yeager.

Absent And Not Voting: Brown, Coleman, Faircloth, Kuhn, Leach, Manchin, Walters and G. White.

So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.

The bill was then read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 125), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman, Faircloth, Kuhn, Leach, Manchin, Walters and G. White.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 251) passed.

Unanimous consent having been obtained, the title amendment to Com. Sub for S. B. 251, recommended by the Committee on the Judiciary, was withdrawn.

On motion of Delegates Leach and Michael, the title of the bill was then amended to read as follows:

Com. Sub. for S. B. 251 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5F-1, §21-5F-2, §21-5F-3, §21-5F-4 and §21-5F-5, all relating to providing requirements and limitations for mandatory nurse overtime in certain hospitals; providing legislative findings and purposes; defining terms; providing for certain requirements and limitations for hospital overtime; limiting number of hours worked in a day; providing exceptions to overtime limitations; providing that the division of labor enforce article; authorizing division of labor to propose rules providing administrative procedures; providing requirements for filing complaints; establishing administrative penalties; directing disposition of penalty proceeds; establishing additional purposes for expenditures from health care cost review fund; and providing that new article does not amend other law."

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
(Speaker Pro Tempore Pino in Chair)

S. B. 448, Relating to higher education advisory boards generally; on third reading, coming up in regular order, with amendments pending and the further right to amend, was reported by the Clerk.

An amendment, recommended by the Committee on Education, was reported by the Clerk on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
**MIKE - PUT IN THE COMMITTEE AMENDMENT FOR S. B. 448 HERE . FILE IS IN
P DRIVE FILE AS "SB448 FOR MIKE".


On motion of Mr. Speaker, Mr. Kiss, and Delegate Mezzatesta, the Committee amendment was amended on page six, section one-a, lines nine and ten, by striking out the words "West Virginia needs an accountability system that defines accountability in terms of institutional procedures. It" and inserting in lieu thereof the words "The accountability system in West Virginia".

On page eighteen, section two, line eight, following the word "Parkersburg" and the semi- colon, by inserting the words "the community and technical college at".

On page eighteen, section two, line nine, by striking out the words "community and technical college".

On page twenty, section two, line two, by striking out the words "a governing board which results" and inserting in lieu thereof the words "the council including: those which result".

On page twenty, section two, line three, preceding the semicolon, by inserting the words "including an associate of arts, an associate of science, and an associate of applied science; certificate programs and skill sets; developmental education; continuing education; collegiate credit and noncredit work force development programs; and transfer and baccalaureate parallel programs".

On page thirty, section six, lines seven and eight, by striking out the words "Effective the first day of July, two thousand four," and inserting in lieu thereof the words "On the effective date of this section".

On page forty-three, section five, lines two and three, by striking out the words "previous resource allocation model did not move" and inserting in lieu thereof the words "current funding model has not moved".

On page forty-three, section five, line five, by striking out the words "The formula" and inserting in lieu thereof the words "The model has".

On page one hundred seven, section three, line one hundred eleven, by striking out the words "thirtieth day of June, two thousand four," and inserting in lieu thereof the words "day preceding the effective date of this section".

On page one hundred seven, section three, lines nineteen and twenty, by striking out the words "thirtieth day of June, two thousand four," and inserting in lieu thereof the words "day preceding the effective date of this section".

On page one hundred thirty-six, section seven, line twenty-four, by striking out the words "On the first day of July, two thousand four," and inserting in lieu thereof the words "On the effective date of this section".

On page one hundred thirty-seven, section seven, line twenty, following the period, by striking out the remainder of line twenty through and including line twenty-four.

On page one hundred thirty-eight, section seven, line one, by striking out the words "council. Such employees" and inserting in lieu thereof the words "Employees transferred to the jurisdiction of the council pursuant to subdivision (3) of this subsection".

On page one hundred fifty-two, section three, line twenty, following the period, by inserting the following sentence: "An institution meets this requirement if on such date the council determines that the institution is on target to meet independent accreditation status" and a period.

On page one hundred sixty, section four, line fifteen, following the word "college" and the semi-colon, by inserting the words "community and technical college at".

On page one hundred sixty, section four, line sixteen, by striking out the words "community and technical college".

On page one hundred sixty-one, section four, line eighteen, following the word "college" and the semi-colon, by inserting the words "community and technical college at".

On page one hundred sixty-one, section four, line nineteen, by striking out the words "community and technical college".

On page one hundred sixty-nine, section eight, lines seven through eleven, following the words "and technical college" and the period, by striking out the remainder of line seven and striking out all of lines eight through and including eleven.

On page one hundred seventy, section eight, line twenty-four, following the words "education center" and the period, by striking out the remainder of line twenty-four.

On page one hundred seventy-one, section eight, by striking out all of lines one through and including twenty.

On page one hundred seventy-one, section eight, line twenty-one, preceding the word "Nothing", by striking out the words "providers in the Beckley region" and the period.

On page one hundred seventy-eight, section eight, line eleven, following the word "council" and the comma, by inserting the words "community and technical college at".

On page one hundred seventy-eight, section eight, line twelve, by striking out the words "community and technical college".

On page one hundred ninety-four, section two, line five, by striking out the words "Effective on the first day of July, two thousand four," and inserting in lieu thereof the words "On the effective date of this section".

On page one hundred ninety-four, section two, lines eight and nine, by striking out the words "thirtieth day of June, two thousand four," and inserting in lieu thereof the words "day preceding the effective date of this section".

On page one hundred ninety-four, section two, lines nineteen and twenty, by striking out the words "policy reorganization that becomes effective on the first day of July, two thousand four," and inserting in lieu thereof the words "higher education reorganization that occurs on the effective date of this section"

On page two hundred ten, section one, line nineteen, following the word "college" and the comma, by inserting the words "community and technical college at".

On page two hundred ten, section one, line twenty, by striking out the words "community and technical".

On page two hundred ten, section one, line twenty-one, by striking out the word "college".

On page two hundred eleven, section one, line nineteen, following the word "technology" and the comma, by inserting the words "community and technical college at".

On page two hundred eleven, section one, line twenty, by striking out the words "community and technical college".

On page two hundred thirteen, section two, line twenty-one, following the word "commission", by inserting the words "and council".

On page two hundred thirteen, section two, line twenty-three, preceding the word "commission", by inserting the words "council or".

On page two hundred seventeen, section four, line thirteen, following the word "commission", by inserting the words "and council".

On page two hundred seventeen, section four, line sixteen, preceding the word "commission", by inserting the words "council or".

On page two hundred twenty, section five, line one, following the word "commission", by inserting the words "and council".

On page two hundred twenty, section five, line four, preceding the word "commission", by inserting the words "council or".

On page two hundred twenty-seven, section one, line four, after the period, by inserting a new subdivision (3) to read as follows: "For the purpose of this subsection, an employee performing a dual service for a sponsoring institution and an administratively linked community and technical college is an employee at an institution under the jurisdiction of the commission if the sponsoring institution receives a fee from the administratively linked community and technical college for the service performed by that employee" and the period.

On page two hundred twenty-seven, section twelve, line six, by striking out the words "employee of" and inserting in lieu thereof the words "individual employed on the day preceding the effective date of this section by".

On page two hundred twenty-seven, section twelve, line sixteen, by striking out the words "thirtieth day of June, two thousand four" and inserting in lieu thereof the words "day preceding the effective date of this section".

On page two hundred twenty-seven, section twelve, line twenty-one, by striking out the words "thirtieth day of June, two thousand four" and inserting in lieu thereof the words "day preceding the effective date of this section".

On page two hundred twenty-seven, section twelve, line twenty-four, by striking out the words "thirtieth day of June, two" and inserting in lieu thereof the words "day preceding the effective date of this section" and the period.

On page two hundred twenty-eight, section twelve, line one, by striking out the words "thousand four" and the period.

On page two hundred twenty-eight, section twelve, line four, by striking out the word "sole".

On page two hundred twenty-eight, section twelve, line four, by striking out the word "governance" and inserting in lieu thereof the words "higher education".

On page two hundred twenty-eight, section one, line ten, following the word "council", by inserting the word "jointly".

On page two hundred twenty-eight, section two, line twenty-three, following the word "commission", by inserting the words "and council".

On page two hundred thirty, section two, line five, preceding the word "council", by striking out the word "or" and inserting in lieu thereof the word "and".

On page two hundred thirty, section two, line nine, by striking out the words "or council" and inserting in lieu thereof the words "and council jointly".

And,

On page two hundred thirty-one, section two, line one, by striking out the words "both the commission and council" and inserting in lieu thereof the words "the commission and council jointly".

Delegate Frich moved to amend the Committee amendment on page forty, section four, line twenty, by striking out the word "desire", and inserting in lieu thereof the word "intent".

On the adoption of the amendment to the Committee amendment, Delegate Beach demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 126), and there were--yeas 19, nays 69, absent and not voting 12, with the yeas and absent and not voting being as follows:

Yeas: Anderson, Blair, Calvert, Carmichael, Caruth, Duke, Frederick, Frich, Hall, Hamilton, Leggett, Louisos, Romine, Schadler, Schoen, Smirl, Sobonya, Trump and Webb.

Absent And Not Voting: Border, Brown, Coleman, Faircloth, Kuhn, Leach, Manchin, Wakim, Walters, Warner, G. White and Mr. Speaker, Mr. Kiss.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the Committee amendment was not adopted.

Delegate Frich then moved to amend the Committee amendment on page two hundred thirty- five, section one, line thirteen, by inserting a new subsection "(h)" to read as follows:

"(h) In addition to the other fees provided in this section, the governing board of West Virginia University may propose, collect, and distribute a fee to be used to finance the West Virginia University rifle team if the students at the institution demonstrate support for the increased fee in a manner and method established by that institution's elected student government."

And by re-lettering the remaining subsections.

Delegate Staton arose to a point of order as to the germaneness of the amendment.

To the point of order the Speaker Pro Tempore replied, stating that the main amendment offered by the Committee on Education addressed the restructuring of higher education and the amendment to that amendment addressed extracurricular activities and the imposition of an extra fee therefor, which did not comply with the original intention of the main amendment, and ruled the fundamental purpose of the amendment to the amendment was not germane to the fundamental purpose of the main amendment.

Delegate Frich then moved to amend the Committee amendment on page one hundred thirty- nine, section seven, line eleven, after the word "chancellor", by striking out the following words: "is the primary advocate for community and technical college education and" and the comma.

On the adoption of the amendment to the Committee amendment, Delegate Beach demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 127), and there were--yeas 12, nays 76, absent and not voting 12, with the yeas and absent and not voting being as follows:

Yeas: Armstead, Blair, Calvert, Frederick, Frich, Hamilton, Leggett, Schadler, Smirl, Sobonya, Trump and Webb.

Absent And Not Voting: Brown, Coleman, Faircloth, Kuhn, Leach, Manchin, Morgan, Renner, Wakim, Walters, G. White and Mr. Speaker, Mr. Kiss.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the Committee amendment was not adopted.

Delegate Frich next offered an amendment to the Committee amendment on page one hundred thirty-seven, section seven, line sixteen, after "(4)", by striking out the following:

"The chancellor shall determine the organization and staffing positions within the office that are necessary to fulfill the powers and duties of the council, and may employ necessary staff. Such staff are employees of the council, and not employees of the chancellor."

On the adoption of the amendment to the Committee amendment, Delegate Ferrell demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 128), and there were--yeas 4, nays 86, absent and not voting 10, with the yeas and absent and not voting being as follows:

Yeas: Frederick, Frich, Hamilton and Smirl.

Absent And Not Voting: Mr. Speaker, Mr. Kiss, Brown, Coleman, Faircloth, Kuhn, Leach, Manchin, Wakim, Walters and G. White.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the Committee amendment was not adopted.

Delegates Palumbo, Armstead, Amores, Calvert, Foster, Hatfield and Webster moved to amend the Committee amendment on page one hundred sixty, section four, line fourteen, preceding the word "Participating", by inserting the following:

"Every two years the council shall:

(i) Evaluate the progress of the Advantage Valley consortia toward achieving the goals and benchmarks of its compact;

(ii) Evaluate the progress of each community and technical college in the district toward achieving the goals and benchmarks of its institutional compact;

(iii) Determine which community and technical college in the district would best serve the needs of the district for the following two-year period if serving as the facilitating institution; and

(iv) Designate the community and technical college selected pursuant to subparagraph (iii) of this paragraph to serve as the facilitating institution for the following two-year period.

(C)".

And,

On page one hundred twenty-seven, section six, line twenty, preceding the semicolon, by inserting a comma, followed by the words "subject to the provisions of paragraph (B), subdivision (6), subsection (c), section four, article three-c of this chapter".

On the adoption of the amendment to the Committee amendment, Delegate Smirl demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 129), and there were--yeas 83, nays 7, absent and not voting 10, with the nays and absent and not voting being as follows:

Nays: Carmichael, Howard, Perdue, Romine, Smirl, Sobonya and R. Thompson.

Absent And Not Voting: Mr. Speaker, Mr. Kiss, Brown, Coleman, Faircloth, Kuhn, Leach, Manchin, Wakim, Walters and G. White.
So, a majority of the members present and voting having voted in the affirmative, the amendment to the Committee amendment was adopted.

Delegates Renner, Caputo, Manchin, Fragale, Iaquinta and Frich offered an amendment to the Committee amendment on page eighty-one, section one, line five, by striking out the word "college" and inserting in lieu thereof a comma, followed by the words "consisting of Fairmont state college and Fairmont state community and technical college".

And,

On page eighty-one, section one, line eighteen, after the word "college", by inserting a comma, followed by the words "with the exception of Fairmont state community and technical college" followed by a comma.

The question being on the adoption of the amendment to the Committee amendment, the same was put and did not prevail.

Delegates Caputo and Poling requested that the Journal record them as voting "Yea" on the foregoing amendment.

At the request of Delegate Staton, and by unanimous consent, the bill was again laid over one day, with the Committee amendment pending, and with the restricted right to amend.


First Reading


The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

Com. Sub. for H. B. 4282, Authorizing crossbow hunting for disabled persons,
H. B. 4479, Continuing the department of health and human resources,

And,
H. B. 4480, Continuing West Virginia's participation in the interstate commission on the Potomac River basin.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Coleman, Faircloth, Leach, Kuhn, Manchin, Walters and G. White.

Delegates Yeager and H. White announced that they were absent on Friday, February 13, 2004 when the vote was taken on Roll No. 117, and that had they been present, they would have voted "Yea" thereon.

At 3:06 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Tuesday, February 17, 2004.