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Friday, February 20, 2004



The House of Delegates met at 10:00 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 Thursday, February 19, 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. 42 - "Suspending a provision of Joint Rule 3, relating to the limitation on the period permitted for extending the Committee of Conference as to Com. Sub. for H. B. 4022, Creating 'The All-Terrain Vehicle Safety Regulation Act'."
Resolved by the Legislature of West Virginia, two thirds of the Members of each house agreeing thereto:

That the three-day time limitation imposed by Joint Rule 3 be hereby suspended and that the same be hereby extended for a period of six additional days, expiring on Thursday, February 26, 2004, for the express purpose of consideration of matters in 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. 42) to a committee was dispensed with, and it was taken up for immediate consideration.

The question now being on the adoption of the resolution, the yeas and nays were taken (Roll No. 154), 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, Fleischauer, Frederick, Hrutkay, Perdue, Renner, Schadler and Smirl.
So, two thirds of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 42) 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. C. R. 28, Requesting that September 12th of every year be declared as West Virginia Monarch Butterfly Day,

And,

S. C. R. 17, Requesting Division of Highways name bridge near Rowlesburg, Preston County, "Charles B. Felton, Jr., Bridge",

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

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
H. B. 4172, Administration, parking,

H. B. 4183, Consolidated Public Retirement Board, state police disability determination and appeal process,

H. B. 4203, Health, cross connection and backflow prevention regulations,

H. B. 4177, Auditor, transaction fee and rate structure,

H. B. 4182, Consolidated Public Retirement Board, benefit determination and appeal,

H. B. 4225, Lottery, state lottery rules,

H. B. 4237, Public Service Commission, transportation of coal by commercial motor vehicles,

H. B. 4238, Racing Commission, thoroughbred racing,

And,

H. B. 4245, Tax Commissioner, alternative resolution of tax disputes,

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

In accordance with the former direction of the Speaker, the bills (H. B. 4172, H. B. 4183, H. B. 4203, H. B. 4177, H. B. 4182, H. B. 4225, H. B. 4237, H. B. 4238 and H. B. 4245 ) were each referred to the Committee on the Judiciary.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
H. B. 4171, Administration, leasing space on behalf of state spending units,

H. B. 4204, Health, certification of backflow prevention assembly testers,

H. B. 4213, Infrastructure and Jobs Development Council,

H. B. 4240, Records Management and Preservation, rules for general management and preservation of county records,

And,

H. B. 4178, Auditor, state purchasing card program,

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

In accordance with the former direction of the Speaker, the bills (H. B. 4171, H. B. 4204, H. B. 4213, H. B. 4240 and H. B. 4178) were each referred to the Committee on the Judiciary.

Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:

Your Committee on Political Subdivisions has had under consideration:

H. B. 4298, Providing that retiring municipal police officers may keep their service revolver,

And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, 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 (H. B. 4298) 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 (H. B. 4298) will be placed on the Consent Calendar.

Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:

Your Committee on Political Subdivisions has had under consideration:

H. B. 4396, Reforming, altering and modifying the county commission of Hampshire County,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4396) was referred to the Committee on the Judiciary.

Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:

Your Committee on Political Subdivisions has had under consideration:

H. B. 4456, Extending the time for the Harrison County commission to submit a proposed levy to the Harrison County voters for approval or rejection intended to finance vital public services,

And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

In the absence of objection, reference of the bill (H. B. 4456) to the Committee on the Judiciary was abrogated.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
H. B. 4295, Exempting state bonds from taxation,

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 (H. B. 4295) will be placed on the Consent Calendar.

At 10:21 a.m., on motion of Delegate Staton, the House of Delegates recessed until 10:26 a.m., and reconvened at that time.
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Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

S. B. 524, Relating to council for community and technical college education and PROMISE scholarship board of control,

And reports the same back with the recommendation that it do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 524) was taken up for immediate consideration, read a first time and then ordered to second reading.

On motion for leave, a bill was introduced (Originating in the Committee on Education and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Tabb, Williams, Renner, Shelton, Crosier, Long and Canterbury:

H. B. 4552 - "A Bill to amend and reenact §18A-3-6 of the code of West Virginia, 1931, as amended, relating to grounds for the revocation of teacher certificates; providing additional specification of grounds; and limitations."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4552) will be placed on the Consent Calendar.

On motion for leave, a bill was introduced (Originating in the Committee on Education and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Tabb, Swartzmiller, Crosier, Hartman, Poling, Renner and Long:


H. B. 4553 - "A Bill to amended and reenact §18A-3-1 of the code of West Virginia, 1931, as amended, relating to standards for awarding certificates to teach in the public schools; establishing condition on award of certificates to teachers certified by another state; and providing dismissal grounds for failure of certain responsible officials to comply."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4553) will be placed on the Consent Calendar.

On motion for leave, a bill was introduced (Originating in the Committee on Education and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Shaver, Beach, Howard, Paxton, Long, Canterbury and Mezzatesta:

H. B. 4554 - "A Bill to amend and reenact §18A-4-15 of the code of West Virginia, 1931, as amended, relating to the rights, privileges and benefits of substitute service personnel employed to fill vacancies created by leaves of absence, workers' compensation and suspensions for more than thirty working days."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4554) will be placed on the Consent Calendar.

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

Com. Sub. for S. B. 209, Requiring review of certain state leases and purchases by joint committee on government and finance,

And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for S. B. 209) will be placed on the Consent Calendar.

On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Beane, Ennis, Hatfield, Manchin and Frich:

H. B. 4581 - "A Bill to amend and reenact §15-2D-6 of the code of West Virginia, 1931, as amended, relating to continuation of the division of protective services."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4581) will be placed on the Consent Calendar.

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 4484, Allowing 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,

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 (H. B. 4484) will be placed on the Consent Calendar.

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 4009, Creating a position for a state Americans with disabilities coordinator within the department of administration,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4009) was referred to the Committee on Finance.

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 4222, Land surveyors, mandatory continuing education,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4222) was referred to the Committee on the Judiciary.

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 4221, Land surveyors, rules and minimum standards for practice,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4221) was referred to the Committee on the Judiciary.

On motion for leave, a joint resolution was introduced (Originating in the Committee on Constitutional Revision and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Fleischauer, Staton, Varner, Pino, Talbott, Manuel and Calvert:

H. J. R. 108 - "Proposing an amendment to the Constitution of the state of West Virginia, amending article VI thereof by adding thereto a new section, designated section 57, relating to revenues accruing from the sales of specialized motor vehicle registration plates to honor the memory of West Virginians who have served and given their lives as members of the military, military reserves, national guard, law enforcement officers, firefighters and emergency medical service personnel; providing that such additional revenues collected from the issuance of such plates shall be used solely for the continuing education of surviving dependents of West Virginians who have died as a result of injuries they sustained in the line of duty while serving as or emergency response personnel or as members of law enforcement or the military; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such amendment."

In the absence of objection, the Speaker referred the resolution (H. J. R. 108) to the Committee on the Judiciary.

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

Your Committee on Constitutional Revision has had under consideration:

H. J. R. 2, Pet Animal Neutering and Spaying Amendment,

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

In accordance with the former direction of the Speaker, the resolution (H. J. R. 2) was referred to the Committee on the Judiciary.

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. 4285, Providing that custody of children of a parent murdered by his or her spouse shall be placed with the most suitable member of the victim's family,

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

Com. Sub. for H. B. 4285 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-28-1, §48-28-2 and §48-28-3, all relating to custody of minor child or children when one spouse murders the other spouse,"

And,

H. B. 4294, Removing the requirement that funds expended from the worthless check fund to pay for additional deputy clerks be proportionate to the time expended on worthless check cases,

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

Com. Sub. for H. B. 4294 - "A Bill to amend and reenact §61-3-39h of the code of West Virginia, 1931, as amended, relating to removing the requirement that funds expended from the worthless check fund to pay for additional deputy clerks be proportionate to the time expended on worthless check cases,"

With the recommendation that the committee substitutes each do pass.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 4285 and Com. Sub. for H. B. 4294) will each 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. 4116, Providing tuition and fee vouchers for students who sound Taps during a military honors funeral,

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

Com. Sub. for H. B. 4116 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8e, relating to veteran's honors funeral assistant community service programs; making legislative findings and stating purpose; requiring certain information and assistance from state board; requiring county board policy and specifying minimum provisions; limiting county board responsibility; and encouraging county board collaboration with organizations to assist programs,"

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. 4116) 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. 4116) will be placed on the Consent Calendar.

On motions for leave, bills were introduced (Originating in the Committee on Finance and reported by unanimous vote of the Committee, with the recommendation that they each do pass), which were read by their titles, as follows:

By Delegates Michael, Doyle, Leach, Campbell, Susman, Stalnaker and Proudfoot:

H. B. 4546 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of health and human resources - family protection services board - domestic violence legal services fund, fund 5455, fiscal year 2004, organization 0511, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"
By Delegates Michael, Browning, Proudfoot, Houston, Carmichael, Susman and Frederick:


H. B. 4547 - "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the bureau of commerce - division of miners' health, safety and training, fund 8709, fiscal year 2004, organization 0314, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"

By Delegates Michael, Warner, Ashley, Proudfoot, Browning, Cann and Carmichael:

H. B. 4548
- "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of transportation - division of motor vehicles, fund 8787, fiscal year 2004, organization 0802, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"

By Delegates Michael, Leach, Campbell, Foster, Susman, Anderson and Hall:

H. B. 4549
- "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the bureau of commerce - division of labor - elevator safety act, fund 3188, fiscal year 2004, organization 0308, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"

By Delegates Michael, Leach, Campbell, Hall, Proudfoot, Evans and Stalnaker:

H. B. 4550
- "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of health and human resources - division of health - central office, fund 8802, fiscal year 2004, organization 0506, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"

And,

By Delegates Michael, Doyle, Leach, Stalnaker, Campbell, Cann and Ashley:

H. B. 4551
- "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of health and human resources - division of human services, fund 8722, fiscal year 2004, organization 0511, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4546, H. B. 4547, H. B. 4548, H. B. 4549, H. B. 4550 and H. B. 4551) will each be placed on the Consent Calendar.

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

Your Committee on Roads and Transportation has had under consideration:

H. B. 4099, Requiring registered sex offenders to be issued special driver's licenses and motor vehicle registration plates that identifies the person as a registered sex offender, And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bill (H. B. 4099) was referred to the Committee on the Judiciary.

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

Your Committee on Roads and Transportation has had under consideration:

H. B. 4019, Prohibiting the division of motor vehicles' sale of personal information for bulk distribution of surveys, marketing and solicitations,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4019) was referred to the Committee on the Judiciary.

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

Your Committee on Roads and Transportation has had under consideration:

H. B. 4430, Relating to the qualifications, eligibility, issuance, expiration and disposition of driver's licenses and nondriver identification cards,

And,

H. B. 4446, Modifying various procedures related to motor vehicle mandatory insurance,

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

In accordance with the former direction of the Speaker, the bills (H. B. 4430 and H. B. 4446) were each referred to the Committee on the Judiciary.

Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4371, Extending the pilot program for the uninsured and underinsured,

And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

In the absence of objection, reference of the bill (H. B. 4371) to the Committee on the Judiciary was abrogated.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4371) will be placed on the Consent Calendar.

Chairman Spencer, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 19th day of February, 2004, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

(Com. Sub. for S. B. 251), Establishing Nurse Overtime and Patient Safety Act.


Resolutions Introduced


Delegate Shelton offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 41 - "Requesting the Division of Highways to name the bridge spanning the Gauley River on Route 39 near Summersville, Nicholas County, the 'Brock's Ferry Bridge'."

Whereas, The bridge over the Gauley River at Brock's Ferry was first built in 1904 at a cost of approximately $10,000; and

Whereas, For years this bridge was known by locals as the Brock's Ferry Bridge; and

Whereas, After the Gauley River was dammed and Summersville Lake was completed in the 1960's, a new bridge was constructed at Brock's Ferry; and

Whereas, Since the bridge over the Gauley River in this location has been historically known as the "Brock's Ferry Bridge", it is only fitting that the bridge be formally so named; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways to name the bridge spanning the Gauley River on Route 39 near Summersville, Nicholas County, the "Brock's Ferry Bridge"; and, be it

Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entry way of each end of the bridge; and, be it

Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of Highways and to the Nicholas County Commission.


Petitions


Delegates Poling, Warner and Fleischauer presented a petition signed by one thousand three hundred thirty-one residents of the state, requesting that TRACS Mobile Spay/Neuter Clinic travel throughout the entire state in order to provide low-cost spay/neuter service for companion animals; which was referred to the Committee on Agriculture and Natural Resources.


Bills Introduced


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

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

H. B. 4555 - "A Bill to amend and reenact §15-5A-4, §15-5A-5 and §15-5A-7 of the code of West Virginia, 1931, as amended, all relating to the state emergency response commission generally; changing the membership of the commission; increasing the inventory form fee from one hundred dollars to four hundred dollars to recover the expenses incurred by the office of emergency services; and reconstituting the composition of local emergency planning committees"; to the Committee on Government Organization then Finance.

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

H. B. 4556 - "A Bill to amend and reenact §22A-1-14 of the code of West Virginia, 1931, as amended, relating to requiring all inspectors inspecting the work premises of any mining concern or operation for mine safety, to sign in, when requested to do so by security personnel, in order to acknowledge their presence on the premises"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Caputo, Webster, Brown, Fleischauer, Mahan and Sumner:


H. B. 4557 - "A Bill to amend and reenact §5-5-5 of the code of West Virginia, 1931, as amended, relating to deleting the specified year of the funding appropriated to provide the pay equity adjustment"; to the Committee on Finance.

By Delegates Armstead, Blair, Sumner, Sobonya, Duke, Walters and Webb:

H. B. 4558 - "A Bill to amend and reenact §11-21-16 of the code of West Virginia, 1931, as amended, relating to personal exemptions for personal income tax for resident individuals; allowing an additional exemption of five hundred dollars per dependant child for individuals or for a husband and wife whose aggregate federal adjusted gross income is not more than twenty-five thousand dollars"; to the Committee on Finance.

By Delegates Beane, Walters and Webster:

H. B. 4559 - "A Bill to amend and reenact §8-27-23 of the code of West Virginia, 1931, as amended, relating to the procurement of supplies, equipment, materials and contracts for the construction of facilities by urban mass transportation systems"; to the Committee on Finance

By Delegates Browning and Kuhn:

H. B. 4560 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §15-1B-26, relating to the West Virginia national guard generally; and requiring that guards and firefighters employed by the adjutant general be members of the national guard"; to the Committee on Veterans Affairs and Homeland Security then the Judiciary.

By Delegates Butcher, Ferrell, Hrutkay, Stemple, Wright and Boggs:

H. B. 4561 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-5f, relating to authorizing the director of the division of natural resources to allow nonresidents to train dogs for coon hunting, if the nonresidents' state reciprocates for West Virginia residents"; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegate Campbell:

H. B. 4562 - "A Bill to amend and reenact §18-7B-7, §18-7B-9, §18-7B-11 and §18-7B-16 of the code of West Virginia, 1931; and to amend said code by adding thereto a new section, designated §18-7B-20, all relating to the rights of members of the teachers' defined contribution retirement system to make a technical correction to clarify membership; permitting periodic payment distributions; prohibiting involuntary distributions; clarifying service credit for vesting and suspense account and clarifying forfeiture money payment"; to the Committee on Pensions and Retirement then Finance.

By Delegate Campbell:

H. B. 4563 - "A Bill to amend and reenact §5-10-2, §5-10-17, §5-10-21, §5-10-23, §5-10-26, §5-10-27 and §5-10-44 of the code of West Virginia, 1931, as amended, all relating to the public employees retirement system; rights of members to select a plan beneficiary; requiring annual physician review and annual statement of earnings from those persons receiving disability retirement payments; providing that interest is to be included in the calculation of terminal benefits payable as the result of death of retired participants; alphabetizing definitions; defining service credit for certain employees; adding definitions of 'accumulated net benefit' and 'employer error'; providing guidance on correcting employer errors and making technical corrections"; to the Committee on Pensions and Retirement then Finance.

By Delegate Campbell:

H. B. 4564 - "A Bill to amend and reenact §15-2A-2, §15-2A-5, §15-2A-6, §15-2A-7, §15- 2A-8, §15-2A-9, §15-2A-10, §15-2A-11, §15-2A-12, §15-2A-13, §15-2A-14 and §15-2A-19 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §15-2A-11a and §15-2A-11b, all relating generally to the West Virginia state police retirement system; adding definitions of 'law-enforcement officer,' 'partially disabled,' 'totally disabled,' 'physical or mental impairment,' 'month of service,' and 'years of service'; making technical changes; clarifying beginning date of annuity; providing that member receiving annuity for partial disability incurred in performance of duty may be employed as an elected sheriff or appointed chief of police if it is shown to the board that such employment is not inconsistent with the partial disability; setting forth limitation on compensation to be paid to health care providers; requiring that board receive a copy of employment physical; allowing application for disability to be made by person acting on member's behalf; allowing superintendent to petition board for member's disability when he or she deems the member disabled; authorizing rules; notification requirements; judicial review; allowing board to withhold payment pending judicial review; requiring disability recipient to file annual statement of earnings and setting forth penalty for refusal or failure to do so; and annual report of employer's disability retirement experience"; to the Committee on Pensions and Retirement then Finance.

By Delegate Campbell:

H. B. 4565 - "A Bill to amend and reenact §15-2-26, §15-2-27, §15-2-27a, §15-2-28, §15-2- 29, §15-2-30, §15-2-31, §15-2-32, §15-2-33, §15-2-34 and §15-2-37 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §15-2- 25b, §15-2-31a and §15-2-31b, all relating to the West Virginia state police death, disability and retirement fund generally; adding general definitions; adding definitions of 'law-enforcement officer,' 'partially disabled,' 'totally disabled,' and 'physical or mental impairment'; making technical changes; providing for probable permanent disability status; specifying that total disability now is inability to perform any substantial gainful employment and that partial disability is inability to perform law enforcement duties; specifying limitation on compensation rendered to health care providers; providing that member receiving annuity for partial disability incurred in performance of duty may be employed as an elected sheriff or appointed chief of police if it is shown to the board that such employment is not inconsistent with the partial disability; allowing application for disability to be made by person acting on member's behalf; allowing superintendent to petition board for member's disability when he or she deems the member disabled; authorizing rules; judicial review; allowing board to withhold payment pending judicial review; requiring disability recipient to file annual statement of earnings and setting forth penalty for refusal or failure to do so; and annual report of employer's disability retirement experience"; to the Committee on Pensions and Retirement then Finance.

By Delegates Craig, Fragale, Stalnaker, Hrutkay, Caputo and Morgan:

H. B. 4566 - "A Bill to amend and reenact §61-10-15 of the code of West Virginia, 1931, as amended, relating to allowing continued employment of a spouse of a newly elected county commissioner with tenured service with a county agency to keep their job"; to the Committee on Political Subdivisions than the Judiciary.

By Delegates Craig, Morgan, Leach, Kominar, Amores, H. White and R. M. Thompson:

H. B. 4567 - "A Bill to amend and reenact §11-14A-2, §11-14A-3a, §11-14A-4, §11-14A-5, §11-14A-6, §11-14A-7, §11-14A-9, §11-14A-11, §11-14A-13, §11-14A-16, §11-14A-27 and §11- 14A-28 of the code of West Virginia, 1931, as amended; and to further amend and reenact §11-14B- 1, §11-14B-2, §11-14B-3, §11-14B-5, §11-14B-6, §11-14B-10 and §11-14B-14 of said code, all relating to the motor carrier road tax and international fuel tax agreement; defining certain motor carrier road tax terms; applying motor carrier road tax to household goods carriers and independent carriers; stating method of computing tax; stating time for payment of tax; requiring identification markers and providing penalties when carrier acts contrary to law; use of credit against motor carrier road tax; repealing requirement for surety bond; authorizing disposition of taxes under article fourteen-b, chapter eleven of this code; limiting penalty for failure to file; authorizing interest rate on delinquent motor carrier road tax to be one percent per month; establishing effective date of amendments; conforming article fourteen-b of chapter eleven of this code to federal law; defining certain international fuel tax agreement terms; establishing identification marker requirements; establishing application of article fourteen-b, chapter eleven of this code; authorizing audits by the tax commissioner; and providing that state law controls in the event of inconsistency with the international fuel tax agreement"; to the Committee on Finance

By Delegates Doyle, Hatfield, Amores, Trump, Manuel, Tabb and DeLong:

H. B. 4568 - "A Bill to amend and reenact §60-8-3 of the code of West Virginia, 1931, as amended, relating to imposing a one hundred dollar per year fee for licenses allowing wine sampling events by wine retailers; and imposing a fifty-dollar fee for a special license to allow the sale or serving of wine by nonprofit charitable organizations and associations for one-day events"; to the Committee on the Judiciary then Finance.

By Delegates Fleischauer, Beach, Houston, Beane, Ennis, Susman and Hatfield:

H. B. 4569 - "A Bill to amend and reenact §2-2-1 of the code of West Virginia, 1931, as amended, relating to permitting county commissions to alter, in a certain manner, the observance of legal holidays for county employees"; to the Committee on Political Subdivisions then Finance.

By Delegates Fleischauer, Beach, Susman, Amores, Houston, Hrutkay and Mahan:

H. B. 4570 - "A Bill to amend and reenact §7-1-3ff of the code of West Virginia, 1931, as amended, relating to authorizing county litter control officers to issue citations for violations of county litter control ordinances"; to the Committee on Political Subdivision then the Judiciary.

By Delegates Hamilton, Beach, Fragale, Howard, Carmichael and Ellem:

H. B. 4571 - "A Bill to amend the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17-19-13a, relating to prohibiting charitable organizations from soliciting contributions on public highways; and penalties"; to the Committee on the Judiciary.

By Delegate Howard (By Request):

H. B. 4572 - "A Bill to amend and reenact §49-1-3 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §49-2-18, all relating to child abuse or neglect placement; automatically awarding permanent custody to the person or persons that provide the necessary food, shelter, supervision, medical service or education of a child, when the parent, guardian or custodian does not provide at least sixty percent of these necessities for a continuous six-month period; and amending definition of a neglected child"; to the Committee on the Judiciary.

By Delegates Howard and Hamilton:

H. B. 4573 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-8G-1, §61-8G-2, §61-8G-3, §61-8G-4, §61-8G-5, §61-8G-6 and §61-8G-7, all relating to the operation and activities of sexually oriented businesses; criminal penalties"; to the Committee on the Judiciary.

By Delegates Mezzatesta and Williams:

H. B. 4574 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7c, relating to the state board of education prescribing instruction on personal finance in secondary schools"; to the Committee on Education.

By Delegates Perdue, Caputo, Manuel, Walters, Hamilton, Paxton and Foster:

H. B. 4575 - "A Bill to amend and reenact §29-22A-10 of the code of West Virginia, 1931, as amended, relating to increasing the allocation of racetrack video lottery net terminal income to be used for payment into the pension plan for employees of the licensed racing association"; to the Committee on Finance.

By Delegates Tabb, Beach, Crosier, Armstead, Hartman, Michael and Williams:

H. B. 4576 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-37, relating to creating a voluntary checkoff on state income tax returns to donate refunds to family literacy program; specifying purposes; providing for administration; and providing for state board rule to implement program"; to the Committee on Education then Finance.

By Delegates R. M. Thompson, Pino and Caruth:

H. B. 4577 - "A Bill to amend and reenact §16-2I-7 and §16-2I-9 of the code of West Virginia, 1931, as amended, all relating to requiring physicians and medical institutions to report instances where abortions have been performed due to perceived congenital defects of fetuses; providing a civil penalty for failing to report an abortion"; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Webb:

H. B. 4578 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-9-6a, relating to requiring a person seeking clothing voucher assistance under the West Virginia Works Act to have five thousand dollars or less in total assets"; to the Committee on Finance.

By Delegates H. White, Kominar, Perdue, R. M. Thompson, Hrutkay and Amores:

H. B. 4579 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated º33-47-1, º33-47-2, º33-47-3, º33-47-4, º33-47-5, º33-47-6, º33-47-7 and º33-47-8, all relating to insurance generally; and providing a new procedure for rolling back insurance rates"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Hall and Schoen:

H. B. 4580 - "A Bill to amend and reenact §44-10-2, §44-10-3, §44-10-4, §44-10-6, §44-10-8 and §44-10-9 of the code of West Virginia, 1931, as amended, all relating to the appointment of guardians for minors generally and providing for the appointment of guardians for minors by the circuit court in certain circumstances"; to the Committee on 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. 4271, Requiring all schools to permit students to self-administer asthma medication,
Com. Sub. for H. B. 4297, Clarifying that the county board of education and its superintendent may designate the places where competency testing for service personnel will be held,

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

On the passage of the bills, the yeas and nays were taken (Roll No. 155), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Browning, Coleman, Doyle, Faircloth, Frederick, Howard, Hrutkay, Palumbo, Renner and Talbott.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 4271, Com. Sub. for H. B. 4297 and H. B. 4467) passed.

Delegate Staton moved that Com. Sub. for H. B. 4271 take effect July 1, 2004.

On this question, the yeas and nays were taken (Roll No. 159), 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: Brown, Coleman, Hrutkay, Renner and Talbott.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4271) takes effect July 1, 2004.

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

H. B. 4247, Clarifying that the board of registration for professional engineers may assess civil penalties; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.

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. 4308, Providing immunity from civil damages to workers who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features in accordance with applicable state and federal laws,

And,
Com. Sub. for H. B. 4433, Creating the crime of abuse and neglect of an elderly person and the crime of misuse or misappropriation of the funds or assets of an elderly person.
H. B. 4514, Mandatory treatment program for repeat or serious DUI offenders; on second reading, coming up in regular order, was reported by the Clerk.

The Clerk announced that, pursuant to House Rule 70a, Delegates Trump and Michael had requested H. B. 4514 be removed from the Consent Calendar and be placed upon the House Calendar.


First Reading

H. B. 4411, Changing certain reporting requirements in the West Virginia workforce investment act; on first reading, coming up in regular order, was read a first time and ordered to second reading.
H. B. 4449, Allowing both residents and nonresidents to apply for and obtain a Class Q permit for disabled persons; on first reading coming up in regular order, was reported by the Clerk.

The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested H. B. 4449 be removed from the Consent Calendar and be placed upon the House Calendar.
Com. Sub. for H. B. 4450, Permitting the sale of timber severed in a state park incidental to construction activities; on first reading, coming up in regular order, was read a first time and ordered to second reading.


Special Calendar

Unfinished Business

H. C. R. 34, Renaming the connection of Route 73 from Route 119 between Fountain Place Mall and Mt. Gay, Logan County, the "West Virginia POW-MIA Highway"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 36, Naming the newly constructed bridge over Dunkard Creek on Route 39 in the western end of Monongalia County the "Robert C. 'Bob' Beach Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk.

The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 160), 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, Hrutkay, Renner, Talbott and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 36) adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 40, Naming the bridge on Route 28 near Romney, Hampshire County, the "John Blue Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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


Third Reading

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; 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. 161), and there were--yeas 96, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman, Hrutkay, Renner and Talbott.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4156) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4257, Increasing the amount of prizes that may be given in the conduct of charitable raffles without a license; 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. 162), and there were--yeas 80, nays 15, absent and not voting 5, with the nays and absent and not voting being as follows:

Nays: Armstead, Azinger, Border, Carmichael, Ellem, Frich, Hall, Hamilton, Leggett, Louisos, Overington, Schoen, Sumner, Walters and Webb.

Absent And Not Voting: Brown, Coleman, Hrutkay, Renner and Talbott.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4257) 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

S. B. 449, Relating to elections generally; on second reading, coming up in regular order, was read a second time and ordered to 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:
Com. Sub. for H. B. 2384, Providing criminal penalties for negligently or carelessly shooting and wounding or killing a human being while hunting under the influence of alcohol or drugs,
Com. Sub. for H. B. 4044, Increasing the salary limit for the state superintendent's position,
Com. Sub. for H. B. 4053, Changing the rate of compensation of members of the state board of education,

Com. Sub. for H. B. 4141, Authorizing patients or residents of certain health care facilities or homes to designate nonrelatives to receive the same visitation privileges as immediate family members,
Com. Sub. for H. B. 4374, Relating to manufactured housing construction and safety standards,
H. B. 4530, Continuing the meat and poultry inspection program,
H. B. 4531, Continuing the public employees insurance agency finance board,

And,
H. B. 4532, Continuing the state fire commission.


Leaves of Absence

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


Miscellaneous Business


Delegates Warner and Boggs announced that they were absent on yesterday when the votes were taken on Roll Nos. 150 through 153, and that had they been present, they would have voted "Yea" thereon.

Delegates Frederick, Perdue and Schadler announced that they were absent when the votes were taken on Roll No. 154, and that had they been present, they would have voted "Yea" thereon.

Mr. Speaker, Mr. Kiss, asked and obtained unanimous consent that the remarks of Delegate Boggs regarding the late Robert C. Beach, former member of the House of Delegates, be printed in the Appendix to the Journal.

Delegate Tabb also asked and obtained unanimous consent that the remarks of Delegates Mezzatesta and Stemple regarding the late Robert C. Beach, former member of the House of Delegates, be printed in the Appendix to the Journal.

At 10:52 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, February 23, 2004.