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Monday, February 2, 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, January 30, 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:
H. B. 3097, Prescribing proper venue in civil actions involving West Virginia university and Marshall university,

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

Com. Sub. for H. B. 3097 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-2-2a, relating to prescribing proper venue in suits involving West Virginia University or Marshall University,"

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. 4138, Prohibiting persons from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle,
H. B. 4142, Requiring the clerk of the county commission to execute, record and post a disclaimer relating to certain unlawful covenants,

And,
H. B. 4144, Excepting secretaries of real estate brokers who set appointments with sellers and buyers from the scope of practice,

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. 4138, H. B. 4142 and H. B. 4144) 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 January 29, 2004, he approved H. B. 4111.


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

S. B. 296 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3A-4, relating to continuation of the center for professional development board"; which was referred to the Committee on Government Organization.



Petitions


Delegates Mezzatesta and Michael presented a petition, signed by two thousand one hundred residents of the Eastern Panhandle, requesting the Legislature to provide automatic, annual cost of living adjustments (COLA) to the pensions of retired school employees; which was referred to the Committee on Finance.


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. 4249 - "A Bill to amend and reenact §12-3-10a, §12-3-10b, §12-3-10c, §12-3-10d and §12-3-10e of the code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §12-3-10g, all relating to the purchasing card program; changing the name to payment card program and providing for additional internal controls and procedures"; to the Committee on Government Organization then Finance.

By Delegates Brown, Amores, Palumbo and Mahan:

H. B. 4250 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-21, relating to limiting liability of court appointed licensed psychologists when conducting child custody evaluations"; to the Committee on the Judiciary.

By Delegates Manuel, Hatfield, Brown, Doyle, Tabb and Webster:

H. B. 4251 - "A Bill to amend and reenact §48-11-105 of the code of West Virginia, 1931, as amended, relating to providing that the attendance of college by a noncustodial parent may not be used as grounds to modify a child support order"; to the Committee on the Judiciary.

By Delegate Mezzatesta:

H. B. 4252 - "A Bill to amend and reenact §18-7A-17 of the code of West Virginia, 1931, as amended, relating to providing for the purchase of service credit in the state teachers retirement system for CETA time; and specifying purchase price"; to the Committee on Pensions and Retirement then Finance.

By Delegates Swartzmiller, Ennis, Renner and Shaver:

H. B. 4253 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-23a, relating to insurance; and requiring agents of automobile and health insurers to disclose to their insureds the amount of the commission he or she receives from each premium payment remitted by each insured"; to the Committee on Banking and Insurance then the Judiciary.

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

H. B. 4254 - "A Bill to amend and reenact §31-17-5, §31-17-8 and §31-17-14 of the code of West Virginia, 1931, as amended, all relating to mortgage license provisional approval, disclosure of fees in a mortgage loan, and administrative hearing, appeal and scheduling procedure"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Warner and Ennis:

H. B. 4255 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-15-9, relating to mandating paid fire departments of Class I and Class II municipalities be in full compliance with NFPA 1710 by the thirtieth day of June, two thousand five"; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Warner and Ennis:

H. B. 4256 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-22A-1, §8-22A-2, §8-22A-3, §8-22A-4, §8-22A-5, §8-22A-6, §8-22A-7, §8-22A-8, §8-22A-9, §8-22A-10, §8-22A-11, §8-22A-12, §8-22A-13 and §8-22A-14, relating to the West Virginia municipal pension plan funding standard and recovery act; providing for declaration of policy, legislative findings and legislative intent; providing for definitions; providing for the issuance of bonds to fund the payment of annual benefits of certain policemen's pension and relief funds and certain firemen's pension and relief funds; providing for the issuance of bonds to amortize the unfunded actuarial accrued liability of certain policemen's pension and relief funds and certain firemen's pension and relief funds; providing for the method of bond issuance and the manner of sale of bonds; providing authority to enter into contracts with bondholders; providing for the terms and provisions of bonds, trust indentures and other agreements; providing for refunding bonds; providing for pledges and covenants relating to bonds; providing for legal remedies of bondholders; providing that bonds are negotiable instruments; providing that bonds are legal investments in the state; providing that bonds and the income therefrom are exempt from taxation in the state; providing that prior to the issuance of the first series of bonds by any municipality, such municipality shall request a resolution of the Legislature affirming the ability of the municipality to issue the proposed bonds; and providing for severability of provisions of this article"; to the Committee on Pensions and Retirement then Finance.

By Delegates Warner and Mezzatesta:

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 in the conduct of charitable raffles without a license"; to the Committee on the Judiciary then Finance.

By Delegates H. White, G. White, Frich and Hrutkay:

H. B. 4258 - "A Bill to amend and reenact §33-6-8 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-16B-1, §33-16B-2 and §33-16B-3 of said code, all relating to rate and form filing for group accident and sickness policies"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Ennis, Hatfield, Iaquinta, Perdue, Talbott, Yost and Leggett:

H. B. 4259 - "A Bill to repeal §5-26-7 and §5-26-9 of the code of West Virginia, 1931, as amended; and to amend and reenact §5-26-1, §5-26-2, §5-26-3, §5-26-4 and §5-26-8 of said code; and to amend said code by adding thereto two new sections, designated §5-26-2a and §5-26-2b, all relating generally to the governor's cabinet on children and families; clarifying statement of purpose; revising membership of cabinet; establishing citizen advisory council; defining family resource networks; revising duties and powers of cabinet; requiring state plan; requiring annual reports; and providing for continuation of cabinet and council"; to the Committee on Government Organization then Finance.

By Delegates Fleischauer, Pino, Schadler and Webb:

H. B. 4260 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, and §3-12-18, relating generally to providing public funding of election campaigns for certain offices; setting forth as short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the offices of governor, supreme court justice, circuit court judge, and candidates for seats in the Legislature; establishing a public campaign financing fund and sources of revenue for the fund; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the state election commission to certify eligible candidates and setting forth the procedure for certification; providing that qualified candidates shall receive funding for election campaigns from the public campaign financing fund; specifying the amount of funds available for each office and when such funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; requiring certain disclosures; requiring candidates to keep records and report to the state election commission; providing for matching public campaign funds when an opponent spends in excess of the participating candidate's spending limits; setting forth certain duties of the state election commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date"; to the Committee on the Judiciary.

By Delegates Fleischauer, Pino, Schadler and Webb:

H. B. 4261 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-2-140, relating to the use of checks or share drafts as security for loans or cash advances made for personal, family or household purposes"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Craig, Fleischauer, Hrutkay, Pino, Schadler and Webb:

H. B. 4262 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article designated §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25-5, §22-25-6, §22- 25-7, §22-25-8, §22-25-9, §22-25-10, §22-25-11, §22-25-12 and §22-25-13, all relating to establishing a voluntary environmental excellence program creating certain incentives for businesses that exceed certain state and federal environmental laws and permit requirements; establishing legislative findings and purpose; defining certain terms; directing the secretary of the department of environmental protection to develop and implement the environmental excellence program; authorizing the secretary of the department of environmental protection to propose certain legislative rules regarding the environmental excellence program; establishing eligibility and application requirements for entities to participate in the environmental excellence program; authorizing the department of environmental protection to enter into environmental performance agreements with qualified entities and timely review applications; providing for certain program elements; providing for appeal of certain adverse application decisions by the department of environmental protection; providing for the withdrawal, enforcement and termination of participation under certain circumstances; providing for certain incentives to be established for participating in the program; providing certain guidelines for the content of environmental performance agreements; establishing the environmental excellence administrative fund; allowing for gifts and donations to be received by the fund; providing for public participation in the environmental excellence program; providing for a performance review of the program; and providing for expiration of the program in two thousand nine"; to the Committee on the Judiciary then Finance.

By Delegates H. White, G. White and Hrutkay:

H. B. 4263 - "A Bill to amend and reenact §33-20F-4, §33-20F-5 and §33-20F-7 of the code of West Virginia, 1931, as amended, all relating to the authorization for the creation of and governance and organization of the physicians' mutual insurance company; clarifying and correcting the premium taxes that the physicians' mutual insurance company will be subject to; and amending provisions relating to the one-time assessment on physicians"; to the Committee on 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. 4101, Creating an affirmative defense for certain civil and criminal actions arising from the sale of certain alcoholic drinks and nonintoxicating beer by licensed private clubs to persons under the age of twenty-one whose age is verified by use of scanner technology,
Com. Sub. for H. B. 4104, Creating the felony crime of scanning device or reencoder fraud,

And,
H. B. 4157, Continuing the rural health advisory panel.

On the passage of the bills, the yeas and nays were taken (Roll No. 62), 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: Blair, Faircloth, Kuhn, Poling, Shelton, Talbott and R. M. Thompson.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 4101, Com. Sub. for H. B. 4104 and H. B. 4157) 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. 4132, Relating to the West Virginia guaranteed work force program; 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. 4085, Clarifying certain terms related to the Ron Yost Personal Assistance Services Act,
Com. Sub. for H. B. 4110, Making the state's criminal and penalty laws applying to the use and display of beer and alcoholic beverages in motor vehicles conform to federal law,

And,
H. B. 4248, Continuing the office of environmental advocate.


House Calendar

Third Reading


H. B. 4119, Allowing a phase-in of the transfer of hotel taxing authority when a municipality annexes a hotel to allow the retirement of any debt incurred by the county or to otherwise phase in the transfer of taxing authority to the municipality; 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. 66), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent And Not Voting: Kuhn, Poling, Shelton, Talbott and R. M. Thompson.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4119) passed.

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


Second Reading

H. B. 4131, Requiring certain reporting to the legislative oversight commission on workforce investment for economic development; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Kuhn, Poling, Shelton, Talbott and R. M. Thompson.

At 1:29 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Tuesday, February 3, 2004.