__________*__________

Tuesday, February 17, 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 Monday, February 16, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.


Resolutions Introduced


Mr. Speaker, Mr. Kiss, and Delegate Staton offered the following resolution:
H. C. R. 38 - "Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 4022, Creating 'The All-Terrain Vehicle Safety Regulation Act'."

Resolved by the Legislature of West Virginia:

That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the Committee of Conference is hereby extended for a period of three additional days, expiring at the conclusion of business on February 20, 2004, for the express purpose of consideration of matters of disagreement between the two houses as to Com. Sub. for H. B. 4022.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 38) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

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


Committee Reports


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

Your Committee on Rules has had under consideration:

H. R. 8, Amending the rules of the House of Delegates, relating to requiring consideration of fiscal impact of proposed crime legislation,

And reports the same back with the recommendation that it be rejected.

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

Your Committee on Rules has had under consideration:

S. C. R. 11, Requesting Division of Highways name bridge crossing Ohio River on Route 35, "The Silver Memorial Bridge",

And,

S. C. R. 15, Requesting Division of Highways name bridge on Route 33 East in Ripley, "McGinley Memorial Bridge",

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

Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4271, Requiring all schools to permit students to self-administer asthma medication,

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

Com. Sub. for H. B. 4271 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-22b, relating to permitting public and private school students to self-administer asthma medication when certain conditions are met; providing for revocation of permission; limiting liability for injury; providing certain definitions; and providing for state board rule.

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. 4271) will be placed on the Consent Calendar.

Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4297, Clarifying that the county board of education and its superintendent designate the places where competency testing for service personnel will be held,

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

Com. Sub. for H. B. 4297 - "A Bill to amend and reenact §18A-4-8e of the code of West Virginia, 1931, as amended, relating to competency testing of service personnel; and clarifying that county board of education and superintendent may designate places for testing,"

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. 4297) will be placed on the Consent Calendar.

Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4044, Establishing the maximum salary amounts of certain education officials,

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

Com. Sub. for H. B. 4044 - "A Bill to amend and reenact §18-3-1 of the code of West Virginia, 1931, as amended, relating to increasing the salary limit for the state superintendent's position,"

With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4044) to the Committee on Finance was abrogated.

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. 4044) will be placed on the Consent Calendar.

Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4053, Changing the rate of compensation of members of the state board of education,

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

Com. Sub. for H. B. 4053 - "A Bill to amend and reenact §18-2-3 of the code of West Virginia, 1931, as amended, relating to the compensation of members of the West Virginia board of education,"

With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4053) to the Committee on Finance was abrogated.

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. 4053) 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. 4257, Increasing the amount of prizes that may be given in the conduct of charitable raffles without a license,

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

Com. Sub. for H. B. 4257 - "A Bill to amend and reenact §47-21-3 of the code of West Virginia, 1931, as amended, relating to increasing the amount of prizes that may given and the total annual gross proceeds that may be generated in the conduct of raffles by charitable and public service organizations without a license,"

With the recommendation that the committee substitute do pass, and with the recommendation that the second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4257) to the Committee on Finance was abrogated.

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. 4467, Relating to the payment of expert fees in child abuse and neglect cases,

And,
S. B. 449, Relating to elections generally,

And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4467 and S. B. 449) will be placed on the Consent Calendar.


Messages from the Executive


Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on February 16, 2004, he approved S. B. 166.


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. 71 - "A Bill to amend and reenact §21-1B-1, §21-1B-2 and §21-1B-3 of the code of West Virginia, 1931, as amended, all relating to verifying legal employment status of workers employed in West Virginia; defining 'unauthorized workers'; and permitting division of labor permits as proof of employment"; which was referred to the Committee on Industry and Labor, Economic Development and Small Business then 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. 479 - "A Bill to amend and reenact §33-3-7 of the code of West Virginia, 1931, as amended, relating to licensing foreign insurers; and exemption from certain other statutory provisions"; 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. 41 - "Affirming that religious tolerance is the official policy of the State of West Virginia."

Whereas, The right to freedom of religion undergirds the very origin and existence of the United States and the State of West Virginia; and

Whereas, Freedom of religious belief and practice is a universal human right and fundamental freedom articulated in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Helsinki Accords, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, the Charter of the United Nations and the European Convention for the Protection of Human Rights and Fundamental Freedoms; and

Whereas, Governments have the responsibility to protect the fundamental rights of their citizens and to pursue justice for all. Religious freedom is a fundamental right of every individual regardless of race, sex, country, creed or nationality and should never be arbitrarily abridged by any government; and

Whereas, The right to freedom of religion is under renewed and, in some cases, increasing assault in many countries around the world; and

Whereas, Religious believers in many countries face such severe and violent forms of religious persecution as detention, torture, beatings, forced marriage, rape, imprisonment, enslavement, mass resettlement and death merely for the peaceful belief in, change of or practice of their faith; and

Whereas, The Legislature denounces acts of religious persecution; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby affirms that religious tolerance is the official policy of the State of West Virginia; and, be it

Further Resolved, That it is the policy of the State of West Virginia:

(1) To condemn violations of religious freedom and to promote and assist other governments in the promotion of the fundamental right to freedom of religion; and

(2) To be vigorous and flexible, reflecting both the unwavering commitment of the United States to religious freedom and the desire of the United States for the most effective and principled response, in light of the range of violations of religious freedom by a variety of persecuting regimes and the status of the relations of the United States with different nations; and

(3) To affirm and protect religious freedom in order to develop multilateral documents and initiatives to combat violations of religious freedom and promote the right to religious freedom abroad; and

(4) To stand for liberty and to stand with the persecuted, to use and implement appropriate tools, including diplomatic, political, commercial, charitable, educational and cultural channels, to promote respect for religious freedom by all governments and peoples.

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. 42 - "Requesting the Governor 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 State of West Virginia and the United States. These violent acts 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

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, 2004, in remembrance of young lives lost in senseless acts of violence; therefore, be it

Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor 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, 2004, in remembrance of those young lives lost in senseless acts of violence; and, be it

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


Resolutions Introduced


Mr. Speaker, Mr. Kiss, and Delegates Beach, Staton, Varner, Pino, Amores, Kominar, Michael, Mahan, Mezzatesta, Beane and Warner offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 36 - "Requesting the Division of Highways to name the newly constructed bridge over Dunkard Creek on Route 39 in the western end of Monongalia County the 'Robert C. "Bob" Beach Memorial Bridge'."

Whereas, Robert C. "Bob" Beach came to West Virginia from a small mountain community in Boone, North Carolina, at the age of five; and

Whereas, Robert C. "Bob" Beach, spending much of his youth in the rural community of Fort Martin, just north of Morgantown, West Virginia, attending local public schools, and both Potomac State and West Virginia University, where he graduated in 1962 with a bachelor of science degree in agricultural sciences; and

Whereas, After obtaining his degree, he found a teaching position in the small community of Blacksville, West Virginia at Clay-Battlle High School where he taught for 35 years. He acquired considerable recognition as a teacher, receiving the "Outstanding Contribution to Education" award and "Who's Who Among American Teachers," to name a few; and

Whereas, Robert C. "Bob" Beach, as a function of his teaching role, also acted as advisor to his much cherished Future Farmers of America chapter at Clay-Battlle, receiving both the state Honorary Star FFA and honorary American FFA degrees, as well as the National Vocational Agriculture Teacher of Teacher's silver star award; and

Whereas, In 1979, Robert C. "Bob" Beach settled in the community of Core, West Virginia, along with his wife , Nancy Kay, and their six children, thus fulfilling a life-long dream to own his own farm; and

Whereas, In 1990, Robert C. "Bob" Beach, desiring to enter political life and further serve the residents of West Virginia, sought out and was appointed to the West Virginia House of Delegates by then Governor Gaston Caperton, thereafter winning eight consecutive races for his 44th delegate district seat; and

Whereas, Having been appointed to chair the House Committee on Agriculture, he assumed that office while also serving as a member of the House Committee on Education and the Legislature Oversight Commission on Education Accountability; and

Whereas, Delegate Robert C. "Bob" Beach served as a member of the West Virginia House of Delegates until his death in April, 1998; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways to name the newly constructed bridge over Dunkard Creek on Route 39 in the western end of Monongalia County the "Robert C. 'Bob' Beach Memorial Bridge" in tribute to a legislator, educator and farmer; and, be it

Further Resolved, That the Division of Highways is requested to have made and placed on the bridge signs identifying it as the "Robert C. 'Bob' Beach Memorial Bridge;" and, be it

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

Mr. Speaker, Mr. Kiss and Delegates Foster, Long, Perdue and Leach offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 37 - "Requesting the Joint Committee on Government and Finance to appoint a select committee to conduct a study to determine the most appropriate mechanisms to reach the goal of providing all citizens of the State of West Virginia with comprehensive, quality and affordable health care."

Whereas, It is a goal of the Legislature to see that all citizens of the State have comprehensive quality and affordable health care; and

Whereas, The cost of health care is growing at a faster rate than any other area of service; and

Whereas, It is estimated that by the year 2008 a basic family health insurance policy in West Virginia may cost at least sixteen thousand dollars making it unaffordable for a majority of the residents of the State; and

Whereas, The current health care system encourages cost shifting to the citizens who are least able to afford the cost; and

Whereas, Twenty percent of the residents of West Virginia between nineteen and sixty-four go without insurance at some time during the year; and

Whereas, Those that need these services the most have the largest economic, social and educational barriers and are ultimately least able to access the health-care system; and

Whereas, The uninsured lose their health and die prematurely; and

Whereas, Uninsured children lose opportunity to develop normally and achieve educationally due to medical conditions going untreated; and

Whereas, Families lose their peace of mind because they live with the uncertainty and anxiety of the medical and financial consequences of a serious illness or injury; and

Whereas, Communities are at risk of losing health care capacity because high rates of uninsured can cause hospitals to reduce services, health providers to move out of the community and cuts in public health programs due to the burden of providing care to those who cannot pay; and

Whereas, Because the system is flawed and does not provide basic health care services to all, the consequences include unnecessary visits to the emergency room, more serious disease outcomes due to lack of early intervention and huge financial burdens to all the citizens of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the various mechanisms for reaching the goal that the Legislature has established to provide comprehensive, quality and affordable health care to all of its citizens; and, be it

Further Resolved, That the committee shall report to the Legislature its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, no later than the first day of January, two thousand five; and, be it

Further Resolved, That the expenses necessary to conduct the study and to prepare appropriate reports, recommendations and proposed legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.


Petitions


Delegate Renner presented a resolution adopted by Fairmont City Council, supporting the passage of a statewide container recycling legislation; which was referred to the Committee on the Judiciary.

Delegate Webster presented a resolution adopted by Charleston City Council, supporting the passage of a statewide container recycling legislation; which was referred to the Committee on the Judiciary.

Delegate Talbott presented resolutions adopted by Webster Springs Main Street, Inc., Webster County Economic Development Authority, Webster County Association of Retired School Employees, Holly River State Park Foundation, Inc., Northern Webster County Improvement Council, Inc., Webster County Commission, and the Town of Addison, supporting the passage of a statewide container recycling legislation; which was referred to the Committee on the Judiciary.

Delegate Warner presented a petition, signed by numerous residents of the State, supporting the passage of a statewide container recycling legislation; which was referred to the Committee on the Judiciary.

Delegate Swartzmiller presented a petition, signed by three thousand residents of the State, requesting a local option election to have racetrack table gaming in Hancock County; which was referred to the Committee on the Judiciary.


Bills Introduced


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

By Mr. Speaker, Mr. Kiss, and Delegate Trump

[By Request of the Executive]:

H. B. 4498 - "A Bill to amend and reenact §18-9D-3, §18-9D-15 and §18-9D-16 of the code of West Virginia, 1931, as amended, all relating to the distribution of moneys by the school building authority"; to the Committee on Education then Finance.

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

H. B. 4499 - "A Bill to amend and reenact §61-5-29 of the code of West Virginia, 1931, as amended, relating to failure to meet child support obligations; and penalties"; to the Committee on the Judiciary.

By Delegates Beane, Webb, Trump and Staton:

H. B. 4500 - "A Bill to amend and reenact §44-5-4 of the code of West Virginia, 1931, as amended, relating to who may be accepted as surety on a fiduciary bond"; to the Committee on the Judiciary.

By Delegates Campbell, Boggs, Staton, Cann and Canterbury:

H. B. 4501 - "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 exemptions from the consumers sales and services tax for e-commerce vendors, computer hardware and software developers, internet service companies, educational software, internet advertising and other e-commerce and high technology companies"; to the Committee on Finance.

By Delegates Campbell, Staton, Boggs, Cann and Canterbury:

H. B. 4502 - "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 exemptions from the consumers sales and services tax for sales of computer hardware and software directly incorporated into manufactured products, sales of electronic data processing services, sales of computer hardware and software directly used in communication, sales of certain educational software to certain educational and nonprofit institutions, and sales of internet advertising services, providing definitions"; to the Committee on Finance

By Delegates Ellem, Anderson and Azinger:

H. B. 4503 - "A Bill to amend and reenact §49-7-1 of the code of West Virginia, 1931, as amended, relating to releasing the name and identification of any juvenile adjudicated or convicted of a crime to the victims towards whom said crime was committed"; to the Committee on the Judiciary.

By Delegates Fleischauer, Perdue, Hrutkay, Amores, Caputo, Fragale and Iaquinta:

H. B. 4504 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-21, relating to providing that all employees have the right to review and copy the contents of their personnel file"; to the Committee on the Judiciary.

By Delegates Foster, Perdue and Palumbo:

H. B. 4505 - "A Bill to amend and reenact §18-2-6a of the code of West Virginia, 1931, as amended, relating to the sale of healthy beverages and soft drinks in schools; limiting the sale of soft drinks; requiring that schools offer healthy beverages at a lower price than the price of soft drinks and defining certain terms; and, requiring competitive bidding for contracts for the sale of healthy beverages and soft drinks"; to the Committee on Education then Finance.

By Delegates Howard and Carmichael:

H. B. 4506 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to providing that neither the state nor any county may reimburse any person or entity for transporting any person to schedule, arrange or procure an abortion"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Howard, Sobonya and Sumner:

H. B. 4507 - "A Bill to amend and reenact §18-7B-8 of the code of West Virginia, 1931, as amended, relating to providing the option for teachers who withdrew from the state teachers retirement system in favor of the defined contribution retirement system, to exercise the option to return to the state teachers retirement system"; to the Committee on Pensions and Retirement then Finance.

By Delegates Long, Frederick and Caruth:

H. B. 4508 - "A Bill to amend and reenact §18B-1A-6 of the code of West Virginia, 1931, as amended, relating to adding Glenville state college and Bluefield state college to those colleges which may meet the need for graduate education in its region"; to the Committee on Education.

By Delegates Perdue, Border and Michael:

H. B. 4509 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-26, relating generally to prescriptions; prohibiting anyone except a dispensing physician or a licensed pharmacy from acting as a pick-up or drop-off point or intermediary for filling or delivering prescriptions; limiting prescription transmissions to only the prescribing practitioner or the patient's relative or caretaker; and providing for a penalty"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Perdue, Paxton, Mahan, Boggs, Ashley and Hall:

H. B. 4510 - "A Bill to amend and reenact §11-5-1 of the code of West Virginia, 1931, as amended, relating to personal property taxes; and exempting from personal property taxation the equipment, inventory and raw materials of crafts people who have had their work evaluated and accepted or juried and accepted by the West Virginia arts and crafts guild or by a similar organization"; to the Committee on the Judiciary then Finance.

By Delegates Smirl, Caputo, Sobonya, Craig and Morgan:

H. B. 4511 - "A Bill to amend and reenact §62-11B-7a of the code of West Virginia, 1931, as amended, relating to the supervisory authority of county sheriffs in the operation of home incarceration programs within the various counties throughout the state"; to the Committee on the Judiciary.

By Delegates Webb, Armstead and Walters:

H. B. 4512 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-27b; and to amend said code by adding thereto three new sections, designated §29-22A-20, §29-22A-21 and §29-22A-22, all relating to requiring the lottery commission to display or reference the 1-800-GAMBLER help-line in all advertising; creating a gambling prevention fund to be used to educate youth and others about the dangers of gambling addiction; requiring the lottery commission to produce television advertising concerning the dangers of gambling; requiring racetracks to display posters and provide brochures addressing the dangers of obsessive gambling and gambling addiction; and requiring racetracks to provide orientation materials to new employees concerning the dangers associated with obsessive gambling and gambling addiction"; to the Committee on the Judiciary then Finance.

By Delegates Yeager, Talbott, Hrutkay and R. Thompson:

H. B. 4513 - "A Bill to amend and reenact §20-2-7 of the code of West Virginia, 1931, as amended, relating to providing that persons may not be guilty of trespassing or hunting without permission because the person unintentionally permits his or her dog to pursue an animal or wild bird onto another person's land"; to the Committee on Agriculture and Natural Resources then the Judiciary.


Consent Calendar

Third Reading

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

On the passage of the bill, the yeas and nays were taken (Roll No. 130), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman, Ennis, Faircloth, Kuhn, Perry and Staton.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4451) passed.

Delegate Varner moved that the bill (H. B. 4451) take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 132), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman, Faircloth, Kuhn, Perry and Staton.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4451) 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 bill 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:
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.
The Clerk announced that, pursuant to House Rule 70a, Delegate Williams had requested Com. Sub. for H. B. 4001 be removed from the Consent Calendar and be placed upon the House Calendar, and at the further request of the same gentleman, and by unanimous consent, the rule was suspended to permit the offering and consideration of an amendment on third reading.

The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested Com. Sub. for H. B. 4168 and Com. Sub. for H. B. 4478 be removed from the Consent Calendar and be placed upon the House Calendar.
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. 258, Relating to enforcement of domestic violence protective orders generally,
Com. Sub. for 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,
Com. Sub. for H. B. 4434, Expanding the possible venues where a child neglect or abuse petition may be filed.


Special Calendar

Third Reading

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

Delegates Caruth, Browning, Frederick, Long and Yeager moved to amend the Committee amendment on page forty-five, section five, line twenty, by striking out the word "five" and inserting in lieu thereof the word "seven".

On page sixty-six, section four, line two, by striking out subdivision "(36)" and inserting in lieu thereof the following:

"(36) Jointly with the council, implement a policy whereby course credit earned at a community and technical college may transfer for program credit at any other state institution of higher education in accordance with regional and program accreditation guidelines; and".

On page one hundred twenty, section six, line nineteen, following the word "policy", by inserting the words "and accreditation guidelines".

On page one hundred thirty-two, section six, line thirteen, by striking out all of subdivision "(69)" and renumbering the remaining subdivisions accordingly.

On page one hundred thirty-three, section six, line five, by striking out all of subdivision "(71)" and inserting in lieu thereof the following:

"(71) Jointly with the commission, implement a policy whereby any course credit earned at a community and technical college transfers for credit at any other state institution of higher education" followed by a period.

On page one hundred sixty-seven, section eight, line two, by striking out the word "five" and inserting in lieu thereof the word "seven".

On page one hundred sixty-eight, section eight, line fourteen, by striking out all of subdivision "(1)" and inserting in lieu thereof the following:

"(1) New River community and technical college. - Bluefield state college shall continue all existing nationally accredited associate degree programs in areas of particular institutional strength which are closely articulated to their baccalaureate programs and missions or which are of a high-cost nature and can best be provided through direct administration by Bluefield state college. Except for the programs administered by Bluefield state college, any such program shall be delivered under the authority of the council and through contract with the community and technical college. The terms of the contract shall be approved by the council. Such a program shall be evaluated according to the benchmarks and indicators for community and technical college education developed by the council. If the council determines that the program is making insufficient progress toward accomplishing the benchmarks, the program shall thereafter be delivered by the community and technical college.

(A) There is created a multi-campus entity known as New River community and technical college, administratively linked to Bluefield state college. The multi-campus community and technical college is headquartered in the Beckley higher education center, and includes, but is not limited to, Greenbrier community college center of New River community and technical college, and Nicholas community college center of New River community and technical college. New River community and technical college shall be an independently accredited community and technical college. The council shall accept the institutional board of governors of Bluefield state college as the institutional board of governors for New River community and technical college.

(B) By the first day of July, two thousand five, New River community and technical college and all sites within its revised service district shall be independently accredited. The president and the board of governors of Bluefield state college are responsible for obtaining independent accreditation of the community and technical college. If the multi-campus entity known as New River community and technical college has not obtained independent accreditation by this date, the council shall choose one of the following options:

(i) Create New River as a freestanding community and technical college; or

(ii) Assign the responsibility for obtaining independent accreditation to another state institution of higher education.

(C) The president and the board of governors of Bluefield state college also are accountable to the council for ensuring that the full range of community and technical college services is available throughout the region and that New River community and technical college adheres to the essential conditions pursuant to section three of this article.

(D) As an independently accredited community and technical college, New River also shall serve as a higher education center for its region by brokering with other colleges, universities and other providers, in-state and out-of-state, both public and private, to ensure the coordinated access of students, employers, and other clients to needed programs and services.

(E) New River community and technical college shall participate in the planning and development of a unified effort involving multiple providers to meet the documented education and work force development needs in the region."

On page one hundred eighty-five, section twelve, line twelve, by striking out the words "a schedule approved by the commission council" and inserting in lieu thereof the words "actual operating costs of the sponsoring institution".

And,

On page one hundred eighty-five, section twelve, line fourteen, by striking out all of paragraph "(A)" and inserting in lieu thereof the following:

"(A) By the first day of July, two thousand five, the sponsoring institution shall develop a schedule of fees for services to be provided to administratively-linked community and technical colleges. The fee schedule shall be based upon the actual operating costs for any service."

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

The yeas and nays having been ordered, they were taken (Roll No. 133), and there were--yeas 36, nays 58, absent and not voting 6, with the yeas and absent and not voting being as follows:

Yeas: Armstead, Ashley, Azinger, Blair, Browning, Calvert, Carmichael, Caruth, Duke, Ellem, Evans, Frederick, Frich, Hall, Hamilton, Howard, Leggett, Long, Louisos, Mahan, Overington, Poling, Romine, Schadler, Schoen, Smirl, Sobonya, Spencer, Sumner, Susman, Trump, Wakim, Walters, Webb, G. White and Yeager.

Absent And Not Voting: Brown, Coleman, Faircloth, Kuhn, Perry and Staton.
So, a majority of the members present and voting not having voted in the affirmative, the amendment to the Committee amendment was not adopted.

At the request of Delegate Mezzatesta, and by unanimous consent, the bill was again laid over one day, with the Committee amendment pending.

Delegate Iaquinta noted to the Clerk that he would have voted "Yea" on the Renner, Caputo, Manchin, Fragale, Iaquinta and Frich amendment to the Committee amendment to S. B. 448 on yesterday.


Second Reading

Com. Sub. for H. B. 4282, Authorizing crossbow hunting for disabled persons; on second reading, coming up in regular order was read a second time.

On motion of Delegate Yeager, the bill was amended on page fifteen, section forty-six-n, line eight, following the word "compound", by inserting the word "or".

On line twenty-three, following the word "in", by striking out the word "the" and inserting in lieu thereof the word "this".

And,

On line twenty-seven, following the word "pounds", by inserting the phrase "and a maximum draw weight of two hundred pounds".

The bill was then ordered to engrossment and third reading.

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 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.


First Reading

Com. Sub. for H. B. 4364, Including division of forestry employees in the assault and battery statute with similar state personnel; 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 Varner, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Coleman, Faircloth, Kuhn, Perry and Staton.


Miscellaneous Business


Delegate Frich asked and obtained unanimous consent that the remarks of today by Delegate Caruth as to his amendment to the Committee amendment to S. B. 448 and Bluefield State College be printed in the Appendix to the Journal.

At 12:17 p.m., on motion of Delegate Varner, the House of Delegates adjourned until 11:00 a.m., Wednesday, February 18, 2004.