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Wednesday, February 25, 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 Tuesday, February 24, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


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

Your Committee on Rules has had under consideration:

H. C. R. 24, Requesting the prohibition of remote control locomotive technology in switching operations until such time as a thorough, risk assessment study of remote control locomotive operations can be completed,

And,

H. C. R. 39, Requesting a study of the economic feasibility and beneficial effect of establishing a state-wide thoroughbred racing breeders program at the state's two horse racing facilities,

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. 2366, Requiring health benefit plans to issue uniform prescription drug information cards or technology,

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

Com. Sub. for H. B. 2366 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-28; and to amend said code by adding thereto a new section, designated §33-4-21; to amend said code by adding thereto a new section, designated §33-24-45; and to amend said code by adding thereto a new section, designated §33-25-22; and to amend said code by adding thereto a new section, designated §33-25A-36, all relating to requiring health benefit plans to issue uniform prescription drug cards or technology; providing exemptions for the medicaid program; establishing format guidelines and coordination with federal laws; defining terms; providing enforcement authority to the insurance commissioner; requiring the insurance commissioner to propose rules for legislative approval and establishing an effective date,"

And,

H. B. 4027, Establishing a voluntary environmental excellence program,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4027 - "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 the requirements of certain state and federal environmental laws and regulations and increase the quantity and quality of public participation; 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 participation; 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; 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,"

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. 2366 and Com. Sub. for H. B. 4027) will be placed on the Consent Calendar.

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

Your Committee on Finance has had under consideration:

H. B. 4342, Exempting prescription drugs and insulin from the consumers sales tax when sold to patients,

And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4342 - "A Bill to amend and reenact §11-15-9 of the code of West Virginia, 1931, as amended, relating to exemptions from consumers sales and service tax; and clarifying that sales to providers of professional or personal services of drugs, insulin, durable medical goods, mobility enhancing equipment and prosthetic devices that are sold pursuant to a preexisting prescription for an identified individual at the time of the sale is not subject to the tax,"With the recommendation that the committee substitute do pass.

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

By Delegates Paxton, Long, Perry, Fragale, Shaver, Hamilton and Canterbury:

H. B. 4626
- "A Bill to amend and reenact §18-2-5b of the code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-4 of said code, all relating to providing a salary supplement for providers of medicaid eligible services in the public schools and the financing thereof."

The Speaker then referred the bill to the Committee on Finance.

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

Your Committee on Education has had under consideration:

H. B. 4576, Creating a voluntary checkoff on state income tax returns to donate refunds to family literacy program,

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 Finance be dispensed with.

In the absence of objection, reference of the bill (H. B. 4576) 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. 4576) 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. 4495, Providing that the assignment and transfer of real property for research and development at institutions of higher education for economic development purposes includes housing projects,

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. 4495) was referred to the Committee on the Judiciary.

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

Your Committee on Education has had under consideration:

H. B. 4574, Providing a funding in personal finance for secondary school students,

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

Com. Sub. for 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,"

With the recommendation that the committee substitute do pass.

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

Your Committee on Finance has had under consideration:
H. B. 4243, State Police, career progression system,

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. 4243) was 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. 4557, Deleting the specified year of the funding appropriated to provide the pay equity adjustment,

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. 4557) will be placed on the Consent Calendar.

On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title and referred to the Committee on Rules, as follows:
By Delegates Williams, Swartzmiller, Romine, Hamilton, Howard, Sumner, Paxton, Long, Stemple, Crosier, Poling, Perry, Wakim, Shaver, Renner, Sobonya, Tabb, Beach, Canterbury, Duke, Kuhn, Hartman, Shelton, Fragale and Mezzatesta:


H. C. R. 50 - "Directing the joint committee on government and finance to make a study on the transportation of students to and from the public schools."

Whereas, State statute and policy provide numerous requirements and guidelines for transporting students to and from the public schools and for the financing thereof; and

Whereas, State policy includes recommended guidelines for the maximum lengths of time that students of various grade levels should be on the bus for transportation to and from the public schools; and

Whereas, Proposals have been made to change the recommended guidelines into required maximum lengths of time that students of various grade levels should be on the bus for transportation to and from the public schools for all new bus routes; and

Whereas, The transportation of students to and from the public schools is a major category of expenditure of public funds for the state and for county boards of education; therefore, be it

Resolved by the Legislature of West Virginia:

That the joint committee on government and finance is hereby directed to make a study on the transportation of students to and from the public schools; and,be it

Further Resolved, That the said joint committee on government and finance shall conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the joint committee on government and finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation be paid from legislative appropriations to the joint committee on government and finance.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title and referred to the Committee on Rules, as follows:
By Delegates Williams, Swartzmiller, Romine, Hamilton, Howard, Sumner, Paxton, Long, Stemple, Crosier, Poling, Perry, Wakim, Shaver, Renner, Sobonya, Tabb, Beach, Canterbury, Duke, Kuhn, Hartman, Shelton, Fragale and Mezzatesta:


H. C. R. 51 - "Directing the joint committee on government and finance to make a study on the regulation of athletic and other extracurricular activities by the Secondary School Activities Commission."

Whereas, County boards of education are granted and are require to exercise control, supervision and regulation of all interscholastic athletic events and other extracurricular activities for the students of their respective counties; and

Whereas, County boards are also authorized to delegate and do delegate such control, supervision and regulation to the Secondary School Activities Commission in accordance with §18-2-25 of the Code of West Virginia, 1931, as amended; and

Whereas, Questions have been asked about the affect of this delegation on: (1) Providing equal opportunities for students to have appropriate access to participation in regulated activities; (2) Achieving parity among schools in the activities available for students; (3) The amount of paperwork and reporting required of the schools and counties; (4) The amount of time consumed by principals, teachers and other school personnel officials on administration, appeals, clinics and other meetings required for participation; (5) Appropriate financial management and fiscal accounting; (6) The review and approval of administrative rules; and (7) The procedures for appeals of decisions; therefore, be it

Resolved by the Legislature of West Virginia:

That the joint committee on government and finance is hereby directed to make a study on the regulation of athletic and other extracurricular activities by the Secondary School Activities Commission that addresses these questions and any others that may arise in the course of the study; and, be it

Further Resolved, That the said joint committee on government and finance shall conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the joint committee on government and finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation be paid from legislative appropriations to the joint committee on government and finance.

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

Your Committee on Finance has had under consideration:

H. B. 4005, Creating a special revenue fund for the operation of the education and state employees grievance board,

And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4005 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6A-13, relating to creating a special revenue fund for the operation of the education and state employees grievance board,"

With the recommendation that the committee substitute do pass.

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, Campbell and Boggs:

H. B. 4622 - "A Bill to repeal §29-22-22 of the code of West Virginia, 1931, as amended, relating to exemption of lottery prizes from taxation,"

By Delegates Michael, Boggs, Anderson and Ashley:

H. B. 4623
- "A Bill to repeal §5A-2-18 of the code of West Virginia, 1931, as amended, relating to expenditure of excess in collections upon approval of governor,"

By Delegates Michael, Doyle, H. White, Campbell, Browning, Proudfoot and Ashley:

H. B. 4624
- "A Bill to amend and reenact §7-11B-2, §7-11B-3, §7-11B-4, §7-11B-6, §7- 11B-7, §7-11B-8, §7-11B-9, §7-11B-10, §7-11B-11, §7-11B-12, §7-11B-13, §7-11B-15, §7-11B-16, §7-11B-17, §7-11B-18, §7-11B-19, §7-11B-20, §7-11B-21, §7-11B-22, §7-11B-23, §7-11B-24, §7- 11B-26 of the code of West Virginia, 1931, as amended, all relating generally to tax increment financing; defining certain terms and phrases; providing additional requirements for development or redevelopment project plans; providing for class II legal advertisements for public hearings; providing mechanism for more than development or redevelopment project plan per development or redevelopment district; revising conflict of interest provisions; providing for issuance of parity and subordinate bonds; making technical corrections,"

And,

By Delegates Cann, Warner, Stalnaker, Boggs, Houston, Varner and Hall:

H. B. 4625
- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-12a, relating to authorizing the tourism commission the use of the tourism promotion fund to support the 2004 Pete Dye West Virginia Classic to be held in this state in the year 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. 4622, H. B. 4623, H. B. 4624 and H. B. 4625) 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. 4158, Providing a procedure for removing property from the state's inventory of removable property,

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. 4158) 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. 4491, Relating to mine inspectors,

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. 4491) 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. 4067, Modifying and updating auctioneer licensing requirements, fees and continuing education,

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

Com. Sub. for H. B. 4067 - "A Bill to amend and reenact §19-2C-1, §19-2C-2, §19-2C-3, §19-2C-4, §19-2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-6c, §19-2C-7, §19-2C-8, §19-2C-8a and §19-2C-9 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §19-2C-5b, §19-2C-6d and §19-2C-9a, all relating to auctioneers; adding and amending definitions; clarifying application and renewal procedures; establishing and modifying fees; bonding requirements for apprentice license; licensing requirements; requiring photo identification for examination; requiring notice of change of address; limiting number of apprentices auctioneer may sponsor; clarifying licensing by reciprocity; requiring continuing education; modifying criminal and civil penalties; requiring escrow account; establishing settlement procedures; and making technical corrections,"

With the recommendation that the committee substitute do pass.

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. 4334, Creating the joint commission on technology and advanced communications,

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

Com. Sub. for H. B. 4334 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-6-1, §4-6-2 and §4-6-3, all relating to creating the joint commission on technology and advanced communications; providing for appointment of members of the senate and house of delegates to the commission; providing for the appointment of citizen members; meetings, periods of function, powers and duties of the commission, recommendation of guidelines; and continuation of the commission,"

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. 4334) 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. 4291, Continuing education requirements for licensed healthcare professionals on the subject of end-of-life care training,

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

Com. Sub. for H. B. 4291 - "A Bill to amend and reenact §30-1-7a of the code of West Virginia, 1931, as amended, relating to continuing education requirements for licensed healthcare professionals on the subject of end-of-life care training, including pain management coursework,"

And,

H. B. 4379, Changing the representation of the board of registered professional nurses,

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

Com. Sub. for H. B. 4379 - "A Bill to amend and reenact §30-7-3 of the code of West Virginia, 1931, as amended, relating to changing the representation of the board of registered professional nurses,"

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. 4291 and Com. Sub. for H. B. 4379) will be placed on the Consent Calendar.

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

Your Committee on Finance has had under consideration:

H. B. 4018, Authorizing the issuance of grant waivers to sparsely populated counties for relief from the ratio limitations on state funding of professional educators,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4018 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9A-5c, relating to public school support; making legislative findings and purpose; providing a foundation allowance safety net for low student enrollment counties; and authorizing the waiver of certain student to personnel ratios,"

H. B. 4501, Creating exemptions from the consumers sales and services tax for e-commerce vendors and other high technology businesses,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for 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 sales of computer hardware and software directly incorporated into manufactured products; creating exemptions for payment of certain licensing fees, for sales of computer hardware and software directly used in communication, for sales of electronic data processing services, for sales of certain educational software to be used in certain educational or nonprofit institutions, for sales of internet advertising of goods and services, and for certain sales of high technology business services; and providing definitions,"

H. B. 4517, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4517 - "A Bill to finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof,"

H. B. 4559, Providing urban mass transportation authorities expanded competitive procurement procedures for the purchase of supplies, equipment and materials,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4559 - "A Bill to amend and reenact §8-27-23 of the code of West Virginia, 1931, as amended, relating generally to the procurement of supplies, equipment, materials and contracts for the construction of facilities by urban mass transportation systems,"

And,

H. B. 3118, Increasing the salary of public service district board members,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 3118-"A Bill to amend and reenact §16-13A-4 of the code of West Virginia, 1931, as amended, relating to payments to public service district board members; increasing the salary of public service district board members; clarifying when salary and expense payments may be made; and adding sewer service to the salary schedule for public service districts which contract with others to provide service,"

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. 4018, Com. Sub. for H. B. 4501, Com. Sub. for H. B. 4517, Com. Sub. for H. B. 4559 and Com. Sub. for H. B. 3118) 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.'s 4185, 4186, 4187, 4188, 4189, 4190, 4191, 4192, 4193, 4194 and 4198, Authorizing the Department of Environmental Protection to promulgate legislative rules,

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

Com. Sub. for H. B. 4193 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; disapproving certain legislative rules presented to the legislature for authorization; authorizing the division of environmental protection to promulgate a legislative rule relating to the Nox budget trading program as a means of control and reduction of nitrogen oxides from non-electric generating units; authorizing the division of environmental protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 61; authorizing the division of environmental protection to promulgate a legislative rule relating to standards of performance for new stationary sources pursuant to 40 CFR Part 60; authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities; authorizing the division of environmental protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63; authorizing the division of environmental protection to promulgate a legislative rule relating to requirements for determining conformity of transportation plans, programs and projects developed, funded or approved under Title 23 U.S.C. or the federal transit laws applicable air quality implementation plans (transportation conformity); authorizing the division of environmental protection to promulgate a legislative rule relating to surface mining reclamation; authorizing the division of environmental protection to promulgate a legislative rule relating to solid waste management; authorizing the division of environmental protection to promulgate a legislative rule relating to hazardous waste management; authorizing the division of environmental protection to promulgate a legislative rule relating to the West Virginia NPDES rule for coal mining facilities; and authorizing the environmental quality board to promulgate a legislative rule relating to requirements governing water quality standards,"
And,
H. B.'s 4211, 4212 and 4230, Authorizing the Department of Transportation to promulgate legislative rules,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4211 - "A Bill to amend and reenact article 8, chapter 64 of the code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the division of highways to promulgate a legislative rule relating to the use of state road rights of way and adjacent areas; authorizing the division of highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways; and authorizing the division of motor vehicles to promulgate a legislative rule relating to administrative due process,"
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. 4193 and Com. Sub. for H. B. 4211) 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. 4024, Establishing the "Public-Private Transportation Facilities Act",
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 Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4024) was referred to the Committee on Finance.
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. 4388, Creating new misdemeanor and felony offenses and associated penalties related to the possession, creation and use of original, duplicated, altered or counterfeit retail sales receipts and universal product code labels with the intent to defraud,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4388 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-56, relating to the creation, possession and use of original, altered, counterfeit or reproduced retail sales receipts or universal product codes with the intent to cheat or defraud a retailer; making such activities illegal; creating new misdemeanor and felony offenses for such illegal activities; and establishing penalties,"
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. 4388) will be placed on the Consent Calendar.
On motion for leave, a resolution was introduced (Originating in the Committee on the Judiciary and reported with the recommendation that it be adopted), which was read by its title and referred to the Committee on Rules, as follows:
By Delegates Amores, Kominar, Caputo, Craig, Brown, DeLong, Fleischauer, Foster, Hrutkay, Mahan, Morgan, Palumbo, Pethtel, Pino, Stemple, R. Thompson, Webster, Armstead, Calvert, Ellem, Faircloth, Overington, Schadler, Smirl and Webb:

H. C. R. 52 - "Requesting the Joint Committee on Government and Finance study the State's water quality standards."
Whereas, Water is a vital economic resource of equal or greater importance than any other mineral or natural resource; and
Whereas, The State has a compelling interest in assuring that the quality of its water resources are maintained in a manner that both protects the State's natural resources and assures an adequate supply of safe usable water for domestic, agricultural, commercial and industrial purposes; and
Whereas, Water resources must be protected to meet the water needs of people while maintaining and improving the State's natural systems; and
Whereas, The policy of the State is to maintain reasonable standards of purity and quality of water in this State consistent with (1) public health and public enjoyment of the water resource; (2) the propagation and protection of animal, bird, fish, aquatic and plant life; and (3) the expansion of employment opportunities, maintenance and expansion of agriculture and the provision of a permanent foundation for health industrial development; and
Whereas, The management and protection of our substantial water resources are carried out under federally delegated authority through the "Federal Water Pollution Control Act" and the "National Pollutant Discharge Elimination System" which require the State to establish and implement water quality standards consistent with the federal requirements; and
Whereas, The environmental quality board is charged with the responsibility of developing the water quality standards for the State; and
Whereas, The water quality standards are complex and scientific in nature and generate much debate and controversy whenever they are amended or brought before the Legislature; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance study the State's water quality standards; and, be it
Further Resolved, That the Joint Committee on Government and Finance establish a joint water quality standards committee that will under take a comprehensive review of the State's water quality standards, including, but not limited to:
1. Proposals to change the water quality standards as they relate to specific parameters or constituents for which water must be tested under a National Pollutant Discharge Elimination System permit;
2. Determination of which waters are trout streams for purposes of inclusion or removal from a list of trout streams contained in the water quality standards;
3. The application of Category A, drinking water standard, to specific water resources; and
4. The impact of the recent federal court cases on the development, amendment and passage by the Legislature of the State's water quality standards through the Legislative Rulemaking process; and, be it
Further Resolved, That the joint water quality standards committee be dedicated to comprehensively addressing West Virginia water quality. The committee shall consist of five members each from the House of Delegates and the Senate, including the chairs of the Judiciary, Finance and Natural Resources committees, to be appointed by the Speaker of the House of Delegates and the President of the Senate, with the cochairs appointed from the three appointees who do not chair the standing committees; and, be it
Further Resolved, That joint water quality standards committee shall have the following advisory members for the purposes of providing technical information: a chemist or chemical engineer, a biologist, a geologist, a hydrologist and a botanist. The advisory members shall be selected from relevant governmental agencies, including, but not limited to, the Department of Environmental Protection, the Division of Natural Resources and the Department of Agriculture, together with representatives of industry and the environmental community meeting the qualifications set forth above. The advisory appointment shall be made by the President of the Senate and the Speaker of the House of Delegates; and, be it
Further Resolved, That the joint committee on water quality standards report to the Joint Committee on Government and Finance on or before the thirty-first day of January, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.


Conference Committee Report Availability

At 11:51 a.m., the Clerk announced the availability in his office of the report of the Committee of Conference on H. B. 4022, Creating "The All-Terrain Vehicle Safety Regulation Act".


Messages from the Executive

Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on February 23, 2004, he approved H. B. 4020 and H. B. 4131.


Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 4011, Bringing the West Virginia personal income tax act into conformity with the federal income tax.
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. 214 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-22-5a, relating to board of landscape architects; and authorizing the board to set fees by rule"; which was referred to the Committee on Government Organization.
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. 402 - "A Bill to amend and reenact §29-12-14 of the code of West Virginia, 1931, as amended, relating to the authority of the board of risk and insurance management to promulgate legislative rules setting minimum contract terms for entities participating in insurance programs and mandatory waiting periods for reentry into insurance programs for entities which have terminated coverage through the board"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2004, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 410 - "A Bill to amend and reenact §18-19-1 of the code of West Virginia, 1931, as amended, relating to including children of deceased members of the armed forces or members of the reserve components called to active duty by the president of the United States for the purpose of entering into armed combat in the educational opportunities appropriation; and removing requirement that the children attend a state education or training institution"; which was referred to the Committee on Veterans Affairs and Homeland Security then Finance.
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. 513 - "A Bill to amend and reenact §12-7-4, §12-7-6, §12-7-8a and §12-7-11 of the code of West Virginia, 1931, as amended, all relating to the jobs investment trust board; removing legislators from the board; expanding board powers; sale or transfer of nonincentive tax credits; and providing that certain documents be available for public inspection"; which was referred to the Committee on Finance.
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. 532 - "A Bill to repeal §7-8-3 of the code of West Virginia, 1931, as amended, relating to inspection of jails"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 574 - "A Bill to amend and reenact §60-2-11 of the code of West Virginia, 1931, as amended, relating generally to powers and duties of the alcohol beverage control commissioner; allowing commissioner to sell liquor warehouse, upon approval of governor and board of public works, when sale is in best interest of state; and making technical corrections"; which was referred to the Committee on Government Organization.
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. 575 - "A Bill to amend and reenact §17A-6-18b of the code of West Virginia, 1931, as amended, relating to continuation of the motor vehicle dealers advisory board"; which was referred to the Committee on Government Organization.
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. 576 - "A Bill to amend and reenact §29-18-24 of the code of West Virginia, 1931, as amended, relating to continuation of the West Virginia state rail authority"; which was referred to the Committee on Government Organization.
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. 577 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-19-11, relating to continuation of the board of registration for foresters"; which was referred to the Committee on Government Organization.
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. 578 - "A Bill to amend and reenact §5-22A-15 of the code of West Virginia, 1931, as amended, relating to continuation of the design-build board"; which was referred to the Committee on Government Organization.
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. 579 - "A Bill to amend and reenact §15-12-2, §15-12-2a, §15-12-3, §15-12-5, §15-12-6 and §15-12-8 of the code of West Virginia, 1931, as amended, all relating to sex offender registration; adding information related to motor vehicles owned or operated by a registrant to the registry; requiring registration upon conviction or release from custody; providing that sexually violent predators may petition for removal from the registry only if an underlying conviction is reversed, vacated or set aside; clarifying permissible disclosure of information on the registry; clarifying duties of institution officials and persons required to register and provide information of changes; and providing penalties"; which was referred to the Committee on the Judiciary.


Resolutions Introduced

Mr. Speaker, Mr. Kiss, and Delegates Campbell, Amores, Anderson, Armstead, Ashley, Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Cann, Canterbury, Caputo, Carmichael, Caruth, Coleman, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White, Williams, Wright, Yeager and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 44 - "Requesting the West Virginia Legislature to review, examine and study the feasibility and benefits of conducting classes for grades seven through twelve in the constitutions of the State of West Virginia and the United States."
Whereas, The basic rights of all citizens of this country are embodied in the constitutions of their states of residence and of the United States; and
Whereas, There exists in the history of the creation of the United States constitution an abundance of information regarding the development of our system of laws and civil liberties; and
Whereas, We are also citizens of the world and as such are constantly reminded of the freedoms we enjoy in comparing our lives to those millions of people in other countries where they must live in poverty and subjugation; and
Whereas, A well-rounded knowledge and understanding of our constitutions operates to protect our liberties and be mindful of the need for democratic systems in other parts of the world; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature is hereby requested to conduct a study of the needs, benefits and economic feasibility of providing courses about our State and national constitutions in grades seven through twelve; therefore, be it
Further Resolved, That the Joint Committee on Government and Finance, or such other committee as the house finds appropriate, report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to prepare a report and to draft necessary legislation be paid from legislative appropriations to the proper committee.
Delegates Fleischauer, Amores, Anderson, Armstead, Ashley, Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Ferrell, Foster, Fragale, Frederick, Hamilton, Hartman, Hatfield, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Long, Louisos, Mahan, Manchin, Manuel, Martin, Mezzatesta, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Renner, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker, Staton, Stemple, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, Tucker, Walters, Warner, Webb, Webster, G. White, Williams, Wright and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 45 - "Requesting the Joint Committee on Government and Finance, in partnership with the Legislative Oversight Committee on Health and Human Resources Accountability, to conduct a study of the Aged and Disabled Waiver program administered by the Bureau of Senior Services under contract with the Bureau for Medical Services, looking into the manner in which the program is operated, potential cost savings that could occur by avoiding or reducing nursing home placements, and the potential benefits to citizens with disabilities and those with long-term care needs by providing increased access home and community based services and supports to enable them to remain in the community and live as independently as possible."
Whereas, The decision of the United States Supreme Court in Olmstead vs. L.C. requires that states serve persons with disabilities in the most integrated settings appropriate to their needs; and
Whereas, Executive Order 13217 signed by President George W. Bush makes certain federal assistance available to assist states in implementing the Olmstead decision. Federal assistance available to states includes the Money Follows the Person Rebalancing Initiative available through the Centers for Medicare and Medicaid Services allowing moneys currently spent for nursing home services to be redirected towards less costly home and community based services. The Aged and Disabled Waiver program represents a significant and considerable resource available to enable West Virginians with disabilities and those with long-term care needs to live in their communities; and
Whereas, According to the 2000 census West Virginia has the highest median age in the nation (38.9) and the highest percentage of persons with disabilities per capita in the nation (22.7%). The number of persons needing and eligible for home and community based services under the Aged and Disabled Waiver program has increased steadily in recent years and is expected to continue to further increase with the aging of the baby boom generation. West Virginia is, as are other states, currently experiencing a critical shortage of direct support workers and this shortage is projected to increase due to changing demographics. This and the limited availability of service providers results in individuals being unable to receive services for which they have been determined eligible; and
Whereas, West Virginia has a large and growing waiting list of individuals determined to be medically eligible for services of the Aged and Disabled Waiver and the Bureau for Medical Services has taken steps to reduce this waiting list for services through redetermination of eligibility by West Virginia Medical Institute utilizing the Independent Preadmission Screening (PAS 2000). This process of redetermination of eligibility for services has the potential to adversely affect some persons with significant long-term care needs by finding them ineligible for the services of the Aged and Disabled Waiver program; and
Whereas, West Virginia has a proud history of collaboration between and among state agencies, consumers, providers and advocates; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is directed to conduct a study of the projected growth in eligibility for, and cost of, home and community-based services available through the Aged and Disabled Waiver Program; conduct a study of the human and economic impact of the direct support workforce crisis on the access, availability and quality of services provided through the Aged and Disabled Waiver Program; conduct a study of the human and economic impact of the waiting list for services of the Aged and Disabled Waiver Program; conduct a study of the human and economic impact of the Independent Preadmissions Screening (Pas 2000) being conducted by West Virginia Medical Institute; conduct a study of the feasibility and potential cost savings associated with implementing a Money Follows the Person Rebalancing Initiative; conduct a study of the efforts made by other states to enable citizens to live as independently as possible, including legislation allowing the money to follow one person; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Fleischauer, Amores, Anderson, Azinger, Beach, Beane, Border, Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael, Caruth, Craig, Crosier, DeLong, Duke, Ellem, Evans, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hatfield, Houston, Hrutkay, Kominar, Kuhn, Leach, Long, Louisos, Manchin, Manuel, Martin, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Poling, Renner, Schadler, Schoen, Shaver, Shelton, Spencer, Sumner, Susman, Tabb, Tucker, Warner, Webb, Webster, G. White, Williams and Wright offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 46 - "Memorializing the United States Congress to authorize and fund a demonstration project on the upper Monongahela River in West Virginia for removal and disposal of river trash and debris."
Whereas, Flowing river trash and debris, consisting of man-made rubbish and naturally- occurring wood wastes, deposits on river banks and at riverside facilities, and accumulates behind locks and dams on our nation?s navigable rivers, creates many problems, including: (1) Visual and odor pollution; (2) water pollution, hazardous to humans and aquatic life, from chemicals and hazardous materials in man-made rubbish; (3) health and safety hazards, for community and industrial water intakes, swimmers, water skiers, marinas, public and private docks and launching ramps and recreational boaters and river commerce; (4) navigation hazards, for commercial tows and recreational and long-range tourist boaters; and (5) interference with and damage to locks and dams; and
Whereas, No workable and cost-effective methodology exists today to deal with the problem of river trash and debris; and
Whereas, The U.S. Army Corps of Engineers is charged with the responsibility for our nation?s navigable rivers; and
Whereas, State and local governments with navigable rivers within their purview cannot solve the river trash and debris problem on their own, but, are willing to partner with the federal government in addressing the river trash and debris problem; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States Congress to authorize and fund a demonstration project on the upper Monongahela River in West Virginia for removal and disposal of river trash and debris; and, be it
Further Resolved, That the Legislature also requests that the Congress of the United States authorize and fund a demonstration program to be conducted on the upper Monongahela River in West Virginia, by the Pittsburgh District of the U.S. Army Corps of Engineers, to develop the methods and technology needed to solve the problem of river trash and debris removal and disposal and to develop a national technology base for addressing the river trash and debris problem on all our nation?s navigable rivers; and, be it
Further Resolved, That the Legislature stands ready to partner with the federal government in this endeavor and suggests: (a) That the federal role focus on the technology for removing flowing river-borne debris and debris accumulating at the locks and dams and that state and local government entities focus on the means for removing trash from riverbanks, providing transportation and disposal sites for collected river trash and debris, educating the public not to dump trash, illegally, that subsequently gets into streams leading to the river, and, programs that clean up illegal dump sites before they contribute to river-borne debris; (b) a three-phase approach to solve the river trash and debris problem be as follows: (1) Phase 1 would be for the Corps to prepare a report on historical approaches for dealing with river trash and debris removal and disposal, in the United States and worldwide. The report would also address the economic costs to our nation?s economy resulting from the river trash and debris problem, and a cast-benefit analysis rationale for evaluating solutions to the river trash and debris problem. A first draft of the report would be due six months after congressional authorization for the river trash and debris project. The final report would be due six months later. This phase would also include the development of partnering agreements with state and local government entities, and business, recreational and environmental entities, within the West Virginia demonstration region. Further, the Corps would establish a steering committee with representation from appropriate entities within the West Virginia demonstration region, to advise on project implementation. The steering committee might also include other organizations within the United States that have an interest in the river trash and debris problem or who have expertise that bears upon the problem; (2) Phase 2, lasting perhaps one year following the completion of Phase 1, would develop one or more method and technology approaches for dealing with the river trash and debris problem, with recommendations as to the feasibility of each approach, and a recommendation for the best and first approach to be tried; (3) Phase 3, lasting perhaps five years, would implement and test the favored approach for dealing with river trash and debris removal and disposal; (4) Phase 4, a one-year effort, would evaluate results to date, and propose any further efforts needed to continue to improve on methods and technology for solving the river trash and debris problem; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Clerk of the United States House of Representatives, the Clerk of the United States Senate and to West Virginia's representatives in the Congress of the United States.
Delegates Foster, Palumbo, Craig, R. Thompson, Leach, Smirl, Perdue, Howard and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 47 - "Requesting the Joint Committee on Government and Finance to study providing for limitations on nurse overtime policies in hospitals operated by state agencies within West Virginia."
Whereas, The Legislature has approved limitations on nurses' overtime in hospitals other than those operated by a state agency; and
Whereas, The state has an interest in the quality of health care provided to patients in state- operated hospitals and in the health and fitness of the nurses on duty; and
Whereas, Public hospitals strive to provide adequate care comparable to that provided in private hospitals; and
Whereas, public hospitals may experience a further shortage of nurses who may leave their workplace or profession because of stress related to working long hours; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study providing for limitations on nurse overtime policies in hospitals operated by state agencies within West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with the drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Howard, Morgan, Leach, Craig, Sobonya and Smirl offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 48 - "Requesting the West Virginia Division of Highways to name the bridge connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, West Virginia, the 'James G. Berry Memorial Bridge'."
Whereas, James Grayson Berry was born on August 6, 1945, in Huntington, Cabell County, West Virginia and attended school in Barboursville; and
Whereas, James "Jimmy" Grayson Berry was killed October 10, 1965, in action in Vietnam while on a search and destroy operation when the vehicle in which he was riding was destroyed by an electrically detonated mine south of Ben Cat, Republic of Vietnam. Two other members of his unit were also killed in this incident; and
Whereas, James "Jimmy" Grayson Berry was serving his second tour of duty in Vietnam, having enlisted in the Army on August 16, 1963. He had been on Okinawa since February, 1964, and was in the 173rd Airborne Division. He was a Specialist/4 who was awarded the Purple Heart, posthumously; and
Whereas, James "Jimmy" Grayson Berry gave his young life in the service of his country on a battlefield in a country far away, the supreme sacrifice for the cause of freedom; and
Whereas, The life of James "Jimmy" Grayson Berry should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia Division of Highways to name the bridge connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, West Virginia, the "James G. Berry Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, and to the surviving family of James "Jimmy" Grayson Berry.
Delegates Morgan, Leach and Craig offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 49 - "Requesting the West Virginia Division of Highways to name the bridge located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia the 'David Rickey Carson Memorial Bridge'."
Whereas, David Rickey Carson, the son of Mr. and Mrs. Raymond Carson, was born on September 8, 1947, at Lesage, Cabell County, West Virginia; and
Whereas, Specialist/4 David Rickey Carson was killed in action on January 31, 1968, at Gia Dinh, Vietnam while serving in the U.S. Army, 1st Log Command; and
Whereas, Specialist/4 David Rickey Carson was awarded the Purple Heart, posthumously; and
Whereas, David Rickey Carson gave his young life in the service of his country on a battlefield in a country far away, the supreme sacrifice for the cause of freedom; and
Whereas, The life of David Rickey Carson should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia Division of Highways to name the bridge located at U.S. Route 2 and Nine Mile Road in Cabell County, West Virginia the "David Rickey Carson Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, and to the surviving family of David Rickey Carson.


Petitions

Delegate Stalnaker presented a petition, signed by two thousand three hundred fifty-seven residents of Lewis, Upshur, Barbour, Doddridge, Preston and Webster counties, urging 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.


Motions

Pursuant to House Rule 82, Delegate Trump moved that the Committee on the Judiciary be discharged from further consideration of H. B. 2809, Barring third-party claims against insurers for violation of the Unfair Trade Practices Act.
Debate ensued on the motion offered by Delegate Trump, and at the conclusion thereof, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 190), and there were--yeas 32, nays 67, absent and not voting 1, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Blair, Border, Calvert, Canterbury, Carmichael, Caruth, Duke, Ellem, Evans, Faircloth, Frederick, Frich, Hall, Hamilton, Howard, Leggett, Long, Louisos, Overington, Romine, Schadler, Schoen, Smirl, Sobonya, Sumner, Trump, Wakim and G. White.
Absent And Not Voting: Coleman.
So, a majority of the members present and voting not having voted in the affirmative, the motion to discharge the committee did not prevail.


Miscellaneous Business

Delegate Blair asked and obtained unanimous consent that the remarks of Delegate Faircloth regarding third-party claims against insurers be printed in the Appendix to the Journal.
The Speaker announced that Master Richard Bailey was born at 8:39 a.m., Wednesday, February 25, 2004, to Senator Billy Wayne and Bobbi Bailey. He weighed in at eight pounds.
At 12:30 p.m., on motion of Delegate Staton, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * * * * *



Evening Session

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Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss, and Delegates Caputo, Staton, Mahan, Amores, Varner and Fleischauer:

H. B. 4602 - "A Bill to amend and reenact §15-2-13 of the code of West Virginia, 1931, as amended, relating to allowing members of the state police to engage in certain political activities while out of uniform and off duty"; to the Committee on the Judiciary.
By Delegate Campbell:
H. B. 4603 - "A Bill to amend and reenact §18-7A-3, §18-7a-14, §18-7A-23a, §18-7A-25, §18-7A-26 and §18-7A-34 of the code of West Virginia, 1931, as amended, all relating to providing that rights of deceased retired participants to interest is to be included in the calculation of terminal benefits payable; making technical modifications; deleting the definition of earnable compensation; adding the definition of gross salary; clarifying maximum loan amount and making technical corrections"; to the Committee on Pensions and Retirement then Finance.
By Delegates Amores, Fleischauer, Perdue, Armstead, Webster and Brown:
H. B. 4604 - "A Bill to amend and reenact §9-2-6 of the code of West Virginia, 1931, as amended, relating to the establishment of subpoena power for the secretary and the board of review"; to the Committee on the Judiciary.
By Delegates Amores, Fleischauer, Mahan, Brown, Webster and Faircloth:
H. B. 4605 - "A Bill to amend and reenact §48-5-509 and §48-5-608 of the code of West Virginia, 1931, as amended; to amend and reenact §48-27-401, §48-27-902, §48-27-903 and §48-27- 1001 of said code; to amend and reenact §61-2-9 and §61-2-28 of said code; and to amend and reenact §61-7-4 and §61-7-7 of said code; all relating to domestic violence; clarifying the interaction between temporary and final domestic violence protective orders and the provisions of protective measures reflected in temporary or final divorce orders entered in divorce proceedings or other types of domestic proceedings; making the violation of emergency or final protective orders issued by injunctive relief or protective order in a divorce proceeding a misdemeanor; clarifying provisions related to the arrest and criminal enforcement of violations of protective orders to include the same; clarifying the penalties which may be imposed for the initial and repeated violation of such protective orders; authorizing the governor's committee on crime, delinquency and correction to develop and promulgate rules regarding the procedures for the dispatch of matters involving domestic violence; and relating to prohibitions against the issuance of licenses and permits to carry concealed weapons and the possession of firearms as they pertain to persons who have been convicted of domestic violence offenses and/or are subject to domestic violence protection orders"; to the Committee on the Judiciary.
By Delegates Cann, Kominar, H. White, Foster and Stalnaker:
H. B. 4606 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-37, relating to creation of a health care providers lien, the effect of the lien, the records of the health care provider, priority of liens and the exclusion of health insurance benefits"; to the Committee on the Judiciary.
By Delegates Cann, Pethtel, Frederick, Palumbo and Caruth:
H. B. 4607 - "A Bill to amend and reenact §13-2C-3a of the code of West Virginia, 1931, as amended, relating to the industrial revenue bond allocation review committee by conferring the authority and duties of said committee to the board of the West Virginia economic development authority"; to the Committee on Finance.
By Delegates Caruth, Trump, Howard, Frich, Sumner, Sobonya and Canterbury:
H. B. 4608 - "A Bill to amend and reenact §61-7-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-6a, all relating to dangerous weapons; exceptions to prohibition; and modifying the method of establishing reciprocity between states regarding handgun permits"; to the Committee on the Judiciary.
By Delegates Fleischauer, Caputo, Fragale, Susman, Manchin, G. White and Craig:
H. B. 4609 - "A Bill to amend and reenact §5-5-1 of the code of West Virginia, 1931, as amended, relating to including faculty employees at state institutions of higher education as state employees who receive increment pay"; to the Committee on Education then Finance.
By Delegates Fleischauer, Hrutkay, Long, Mezzatesta, Staton, Talbott and Overington:
H. B. 4610 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-6F-6 and §49-6F-7, all relating to the establishment of the citizen review panel to review the procedures of child protective services; providing for the composition and duties of membership; providing for confidentiality requirements; providing for expense reimbursement; providing for civil penalties; and providing for immunity from liability"; to the Committee on Government Organization then Finance.
By Delegates Hamilton, Louisos and Romine:
H. B. 4611 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to the department of health and human resources; requiring the department to enforce specific abortion clinic regulations; and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hatfield, Fleischauer and Caputo:
H. B. 4612 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6, §30-7B-7, §30-7B-8, §30-7B-9, §30-7B-10, §30-7B-11 and §30-7B-12, all relating to establishing a credentialing program for dialysis technicians by the board of registered professional nurses; and providing criminal penalties for violations"; to the Committee on Government Organization then Finance.
By Delegates Kominar and Faircloth:
H. B. 4613 - "A Bill to amend and reenact §62-11B-7a of the code of West Virginia, 1931, as amended, relating to the employment of home incarceration supervisors; determining persons hired as home incarceration supervisors may be subject to supervision of the local community criminal justice board by agreement with the sheriff"; to the Committee on the Judiciary.
By Delegates Kominar, Faircloth and Craig:
H. B. 4614 - "A Bill to repeal §27-6A-9 of the code of West Virginia, 1931, as amended; to amend and reenact §27-6A-1, §27-6A-2, §27-6A-3, §27-6A-4 and §27-6A-5; and to amend said code by adding thereto three new sections, designated §27-6A-10, §27-6A-11 and §27-6A-12, all relating to repealing the development of conditional release plans; amending provisions for the determination of competency of defendant to stand trial and of criminal responsibility; examination; commitment; hearing on competency to stand trial; findings; court jurisdiction over persons found not guilty by reason of mental illness, mental retardation or addiction; release from jurisdiction of the court; discharge; periodic review of person found incompetent to stand trial; and adding provisions for forensic evaluations and evaluators; payment to forensic evaluators; uniform forensic court orders; and promulgation of rules"; to the Committee on the Judiciary.
By Delegate Michael:
H. B. 4615 - "A Bill to amend and reenact §29-22-9 of the code of West Virginia, 1931, as amended, relating generally to on-line lottery games allowed under state lottery act; allowing licensed lottery sales agents to sell on-line lottery games that do not utilize an interactive electronic terminal device; and allowing use of player operated ticket dispensers for play of on-line lottery games in private clubs and class A beer taverns"; to the Committee on the Judiciary then Finance.
By Delegates Staton, Amores and Caruth:
H. B. 4616 - "A Bill to amend and reenact §8-18-22, §8-19-12a, §8-20-10 and §16-13-16 of the code of West Virginia, 1931, as amended, all relating to municipalities; public utility services; modifying deposit; providing refund of deposit with interest; and requiring owners of property abutting municipal sewer to pay municipal sewer fees regardless of connection"; to the Committee on the Judiciary then Finance.
By Delegate Swartzmiller:
H. B. 4617 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11A-3-6a, relating to providing that Class I, II and III municipalities may purchase real estate at tax sales"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Webb:
H. B. 4618 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-62a, relating to exempting from state income taxes income received by members of the armed forces while on active military duty"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegate Webb:
H. B. 4619 - "A Bill to repeal §48-1-219, §48-1-223, §48-1-242 and §48-1-243 of the code of West Virginia, 1931, as amended; to amend and reenact §48-1-218, §48-1-222, §48-1-246 and §48-1-303 of said code; to amend and reenact §48-6-301 of said code; to amend and reenact §48-9- 204, §48-9-301 and §48-9-303 of said code; to amend and reenact §48-12-102 of said code; to amend and reenact §48-13-801 of said code; and to amend said code by adding thereto two new sections, designated §48-13-901 and §48-13-902 of said code, all relating to domestic relations; child custody and support; spousal support; and technical and nomenclature changes"; to the Committee on the Judiciary.
By Delegate Yost:
H. B. 4620 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-37, relating to limiting an insured with a household member considered at fault in an automobile accident from being held personally liable over and above the insurance policy for the actions of the household member"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Yost:
H. B. 4621 - "A Bill to amend and reenact §44-10-3 of the code of West Virginia, 1931, as amended; and to amend and reenact §51-2A-2 of said code, all relating to transferring jurisdiction from the county commission to the family court for appointment and revocation of guardianships of minors"; to the Committee on the Judiciary.


Senate Messages

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 12, Naming the newly constructed concrete bridge on County Road 13 in Saxon, Raleigh County, West Virginia, the "PFC John Michael Davis Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 20, Naming an existing bridge situate approximately one and four-tenths miles up Elk Creek in Delbarton, Mingo County, West Virginia, to John Hunt.
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. 165 - "A Bill to repeal §18B-10-3, §18B-10-4a and §18B-10-10 of the code of West Virginia, 1931, as amended; to amend and reenact §18B-10-1, §18B-10-2, §18B-10-4, §18B-10-4b, §18B-10-5, §18B-10-6, §18B-10-7a, §18B-10-8, §18B-10-9, §18B-10-11, §18B-10-12, §18B-10-13, §18B-10-14 and §18B-10-15 of said code; to amend said code by adding thereto a new section, designated §18B-10-1b; and to amend and reenact §18C-3-1 of said code, all relating to tuition and fee simplification for public higher education; repealing obsolete language; creating classifications of fees; authorizing user fee for library services under certain circumstances; authorizing deferred payment plans for students; requiring maintenance of support for certain instructional and student activities; clarifying authority of commission to enter into trust agreements; clarifying purposes for which fees may be used; deleting certain restrictions on bookstore sales; and clarifying terms and conditions for the health education student loan program"; which was referred to the Committee on Education then Finance.
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. 420 - "A Bill to amend and reenact §11-14C-6, §11-14C-7, §11-14C-9, §11-14C-13, §11-14C-20, §11-14C-22, §11-14C-24, §11-14C-25, §11-14C-26, §11-14C-29, §11-14C-30, §11-14C-31, §11-14C-34, §11-14C-37 and §11-14C-47 of the code of West Virginia, 1931, as amended, all relating generally to motor fuels excise tax; requiring tax on unaccounted-for motor fuel losses be calculated using invoiced gallons; changing aircraft fuel to aviation fuel to be consistent with definitions; repealing five hundred gallon-minimum purchase by government entities to qualify for exemption; clarifying bond requirements; specifying election by supplier for motor fuel exported to another state; requiring that all reports and returns, except those filed by terminal operators, specify invoiced gallons; requiring all reports and returns filed by terminal operators specify gross and net gallons; requiring use of machine-generated shipping documents and authorizing commissioner to allow use of manually prepared shipping documents; requiring use of diversion procedure if destination state changes prior to transport leaving rack; correcting reference to section requiring return information; authorizing refunds for motor fuel used for agricultural purposes and clarifying time for claiming refunds; correcting reference authorizing inspections; and establishing a revolving fund for general administration of taxes"; which was referred to the Committee on Finance.
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. 439 - "A Bill to amend and reenact §16-3-4 and §16-3-5 of the code of West Virginia, 1931, as amended, all relating to compulsory immunization of school children; medical exemption; religious belief(s) exemption and requirements; requiring additional vaccinations; creating standard certificate of immunization; mandating use of certificate; promulgation of rules to define the schedule and procedures for immunization; increased penalties for offenses; exemption from penalties; distribution of free vaccine to public and private providers; and revision of the immunization advisory committee and addition of new members"; which was referred to the Committee on Health and Human Resources 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. 450 - "A Bill to amend and reenact §33-15A-4, §33-15A-5, §33-15A-6 and §33-15A-7 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §33-15A-8, §33-15A-9, §33-15A-10 and §33-15A-11, all relating to the regulation of long-term care insurance policies; defining terms; establishing extraterritorial jurisdiction; summarizing disclosure and performance standards for long-term care insurance; instituting and regulating an incontestability period; disclosing nonforfeiture benefits; providing the commissioner authority to promulgate regulations; defining severability; providing penalties; and establishing an effective date"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 506 - "A Bill to amend and reenact §31A-4-2 of the code of West Virginia, 1931, as amended, relating to the use of 'bank' in its name by a licensed insurance company"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 517 - "A Bill to amend and reenact §33-13-30a of the code of West Virginia, 1931, as amended, relating to standard nonforfeiture law for individual deferred annuities"; 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 passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 529 - "A Bill to repeal §17-15-3 of the code of West Virginia, 1931, as amended, relating to working prisoners by county courts"; which was referred to the Committee on the Judiciary.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.


Committee Reports

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. 4592, Reserving liabilities for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurance company doing business in this state,
And,
S. B. 428, Defining "transacting 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. 4592 and S. B. 428) 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. 4354, Authorizing county commissions to adopt ordinances to reduce false alarms,
And,
H. B. 4600, Limiting the annexation authority of municipalities,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4354 and H. B. 4600) 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. 4464, Extending the time for the county commission of Cabell County to present to the voters an election to consider an excess levy for fire protection services, firefighting training and economic development,
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. 4464) 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. 4464) 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. 4118, Increasing circuit clerks' salaries,
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. 4118) was referred to the Committee on Finance.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4579, Establishing a new procedure for rolling back insurance rates,
And reports the same back, 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. 4579) 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. 4357, Permitting municipalities to impose an alternative one percent municipal sales and service tax in the municipality in lieu of imposing the business and occupation tax currently permitted by law,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4357) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Browning, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 4560, Requiring that firefighters and security guards employed by the adjutant general of the national guard be members of the national guard,
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. 4560) 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. 4560) will be placed on the Consent Calendar.
On motion for leave, a bill was introduced (Originating in the Committee on Veterans Affairs and Homeland Security 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 Iaquinta, Kuhn, Swartzmiller, Paxton, Poling, Tucker and Smirl:
H. B. 4627 - "A Bill to amend and reenact §9A-1-4 of the code of West Virginia, 1931, as amended, relating to duties and functions of veterans' council; honoring academic achievement of West Virginians at military academies."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4627) will be placed on the Consent Calendar.
Chairman Kuhn, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 2423, Awarding high school diplomas to certain veterans,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2423 - "A Bill to amend and reenact §18-2-34 of the code of West Virginia, 1931, as amended, relating to authorizing awarding of high school diplomas to certain surviving veterans,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Education be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2423) to the Committee on Education 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. 2423) will be placed on the Consent Calendar.


Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for S. B. 209
, Requiring review of certain state leases and purchases by joint committee on government and finance,
Com. Sub. for H. B. 4116, Providing tuition and fee vouchers for students who sound Taps during a military honors funeral,
Com. Sub. for 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,
Com. Sub. for 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,
H. B. 4295, Exempting state bonds from taxation,
H. B. 4371, Extending the pilot program for the uninsured and underinsured,
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,
H. B. 4546, Supplemental appropriation to the department of health and human resources - family protection services board - domestic violence legal services fund,
H. B. 4547, Supplemental appropriation to the bureau of commerce - division of miners' health, safety and training,
H. B. 4548, Supplemental appropriation to the department of transportation - division of motor vehicles - driver's license reinstatement fund,
H. B. 4549, Supplemental appropriation to the bureau of commerce - division of labor - elevator safety act,
H. B. 4550, Supplemental appropriation to the department of health and human resources - division of health - central office,
H. B. 4551, Supplemental appropriation to the department of health and human resources - division of human services,
And,
H. B. 4581, Continuing the division of protective services.
On the passage of the bills, the yeas and nays were taken (Roll No. 191), 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: Coleman, Ennis, Ferrell, Perdue and Shaver.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bills (Com. Sub. for S. B. 209, Com. Sub. for H. B. 4116, Com. Sub. for H. B. 4285, Com. Sub. for H. B. 4294, H. B. 4295, H. B. 4371, H. B. 4484, H. B. 4546, H. B. 4547, H. B. 4548, H. B. 4549, H. B. 4550, H. B. 4551 and H. B. 4581) passed.
An amendment to the title of Com. Sub. for S. B. 209, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 209 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-4a, relating to requiring review of certain state leases and purchases of real property by the joint committee on government and finance; requiring the secretary of administration to provide copies of contracts, agreements and reports; and requiring an inventory and master plan for the utilization of office space for state agencies."
Delegate Staton moved that Com. Sub. for S. B. 209 take effect July 1, 2004.
On this question, the yeas and nays were taken (Roll No. 206), 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: Coleman, Ennis, Ferrell, Perdue and Shaver.
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 S. B. 209) takes July 1, 2004.
Delegate Staton moved that H. B. 4484 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 207), 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: Coleman, Ennis, Ferrell, Leggett, Perdue and Shaver.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4484) takes effect from its passage.
Delegate Staton moved that H. B. 4546 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 208), 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: Coleman, Ennis, Ferrell, Perdue and Shaver.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4546) takes effect from its passage.
Delegate Staton moved that H. B. 4547 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 209), 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: Coleman, Ennis, Ferrell, Perdue and Shaver.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4547) takes effect from its passage.
Delegate Staton moved that H. B. 4548 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 210), 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: Coleman, Ennis, Ferrell, Perdue and Shaver.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4548) takes effect from its passage.
Delegate Staton moved that H. B. 4549 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 211), 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: Coleman, Ennis, Ferrell, Perdue and Shaver.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4549) takes effect from its passage.
Delegate Staton moved that H. B. 4550 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 212), 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: Coleman, Ennis, Ferrell, Perdue and Shaver.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4550) takes effect from its passage.
Delegate Staton moved that H. B. 4551 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 213), 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: Coleman, Ennis, Ferrell, Perdue and Shaver.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4551) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence on those bills requiring the same.


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. 4031
, Increasing the salaries of supreme court of justices, circuit court judges and family court judges,
H. B. 4252, Allowing the purchase of up to four years of CETA time in the teachers retirement system,
H. B. 4280, Making available to retired participants in PEIA the optional dental, vision, and audiology and hearing-aid services insurance plans that are available to current participants,
H. B. 4339, Clarifying the imposition of consumers sales and service tax on purchases made by providers of professional or personal services,
H. B. 4403, Repealing the requirement of affidavits acknowledging receipt of compensation,
And,
H. B. 4500, Permitting attorneys to act as surety on a fiduciary bond if they are not representing a participant in the estate or trust.
The Clerk announced that, pursuant to House Rule 70a, Mr. Speaker, Mr. Kiss, had requested Com. Sub. for H. B. 4031 be removed from the Consent Calendar and be placed upon the House Calendar.


Special Calendar

Unfinished Business

H. C. R. 37, Requesting 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; on unfinished business, coming up in regular order, 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. 4168, Requiring lenders to have the funds for mortgage loans available at the appropriate time; on third reading, coming up in regular order, was reported by the Clerk.
Delegate Amores asked and obtained unanimous consent that the rule be suspended to permit the offering and consideration of an amendment to the bill on third reading.
On motion of Delegates Trump and Amores, the bill was amended on page one, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That the code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §46A-6K-1, §46A-6K-2, §46A-6K-3, §46A-6K-4 and §46A-6K-5, all to read as follows:
ARTICLE 6K. GOOD FUNDS SETTLEMENT ACT.
§46A-6K-1. Applicability.
This article applies to the settlement of loans secured by deeds of trust on owner-occupied residential dwellings with accommodations for not more than four families. This article does not apply to construction loans or any other loans which, by agreement of the parties, provide for the disbursement of the proceeds in stages.
§46A-6K-2. Definitions.
(a) 'Collected funds' means monies used to fund the disbursement of settlement proceeds deposited and irrevocably credited to a settlement agent's account.
(b) 'Disbursement of loan funds' means the delivery of the loan funds by the lender to the settlement agent in the form of:
(1) Cash;
(2) Wired funds;
(3) Certified check;
(4) Checks issued by the United States Treasury, the state of West Virginia or an instrumentality of the United States or state of West Virginia;
(5) Cashier's check or teller's check or other similar draft or obligation of a federally insured bank, savings bank, savings and loan association or credit union or of any holding company or wholly owned subsidiary of the foregoing;
(6) Checks issued by a licensed lender qualified to do business in West Virginia which has posted the surety bond required by subsection (b), section four, article seventeen, chapter thirty-one of the code;
(7) Checks issued by an insurance company licensed and regulated by the West Virginia insurance commission, which checks are drawn on a federally insured financial institution;
(8) Checks drawn on the escrow account of an attorney licensed to practice law in West Virginia or on the escrow account of a real estate broker licensed in West Virginia; or
(9) Personal check or checks in an aggregate amount not exceeding five thousand dollars per loan closing.
(c) 'Disbursement of settlement proceeds' means the payment of all proceeds of the transaction by the settlement agent to the persons entitled thereto.
(d) 'Lender' means any person regularly engaged in making loans secured by deeds of trust to secure debt on West Virginia real estate. A person is considered to be regularly engaged in making loans if he or she makes more than five such loans in any one calendar year.
(e) 'Loan closing' means that time agreed upon by the borrower, lender, seller, if applicable, and settlement agent when the execution by the borrower and delivery of the loan documents to the settlement agent occur.
(f) 'Loan documents' means the note evidencing the debt due the lender, the deed of trust, or mortgage securing the debt due to the lender, and any other documents required by the lender to be executed by the borrower as a part of the transaction.
(g) 'Loan funds' means the gross or net proceeds of the loan to be disbursed by or on behalf of the lender at loan closing.
(h) 'Parties' as used in this subsection means the seller, purchaser, borrower, lender and the settlement agent, as applicable.
(i) 'Settlement' means the time when the settlement agent has received the duly executed deed, loan funds, loan documents and other documents and funds required to carry out the terms of the contract between the parties.
(j) 'Settlement agent' means the person authorized by law to be responsible for conducting the settlement and disbursement of the settlement proceeds.
§46A-6K-3. Duty of lender.
The lender shall, at or before loan closing, cause disbursement of loan funds to the settlement agent; however, in the case of a refinancing, or any other loan where a right of rescission applies, the lender shall, within one business day after the expiration of the rescission period required under the federal Truth-in-Lending Act (15 U.S.C. §1601 et seq.), cause disbursement of loan funds to the settlement agent, unless the loan is rescinded by the customer. All funds disbursed by the lender to the settlement agent must be collected funds. The lender is not entitled to receive or charge any interest on the loan until disbursement of loan funds and loan closing has occurred.
§46A-6K-4. Validity of loan documents.
Failure to comply with the provisions of this article does not affect the validity or enforceability of any loan documents executed.
§46A-6K-5. Penalty.
Any persons suffering losses due to the failure of the lender or the settlement agent to disburse settlement proceeds as required by this chapter, shall be entitled to recover, in addition to other actual damages, double the amount of any interest collected in violation of section three of this article plus reasonable attorneys' fees incurred in the collection thereof."
The bill was then read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 214), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Ennis, Ferrell and Perdue.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4168) passed.
On motion of Delegates Trump and Amores, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 4168 - "A Bill to amend the code of West Virginia, 1931,as amended, by adding thereto a new article, designated §46A-6K-1, §46A-6K-2, §46A-6K-3, §46A-6K-4 and §46A-6K-5, all relating to having funds available for settlement of a real estate mortgage transaction; defining applicability of the law; providing definition of terms used; providing for duty of lender; maintaining validity of loan documents; and providing a penalty for violations of the article."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.


Second Reading

Com. Sub. for H. B. 4117, Requiring medical providers to furnish patients copies of medical reports without prepayment and to furnish copies of bills without cost; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4298, Providing that retiring municipal police officers may keep their service revolver; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Political Subdivisions, was reported by the Clerk and adopted, amending the bill on page one, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §8-14-24 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS, AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.

§8-14-24. Right to receive complete standard uniform; right to acquire badge; and right to keep service revolver.

(a) A police officer, upon honorable retirement, shall be authorized to maintain at his or her own cost a complete standard uniform from the law-enforcement agency of which he or she was a member, and shall be issued an identification card indicating his or her honorable retirement from the law-enforcement agency. The uniform may be worn by the officer in retirement only on the following occasions: Police Officer's Memorial Day, Law Enforcement Appreciation Day, at the funeral of a law-enforcement officer or during any other police ceremony. The honorably retired officer is authorized to acquire a badge of the law-enforcement agency from which he or she is retired with the word 'retired' placed on it.

(b) Upon retirement, a police officer may, at the discretion of the municipality, be entitled to keep, without charge, his or her service revolver, after a determination by the chief of police:

(1) That the police officer is retiring honorably with at least twenty years of recognized law- enforcement service; or

(2) That the police officer is retiring with less than twenty years of service and that he or she is totally physically disabled as a result of service as a police officer.

(c) Notwithstanding the provisions of subsection (b) of this section, the chief of police may not award a service revolver to any police officer who has been declared mentally incompetent by a licensed physician or a court of law, or who, in the opinion of the chief of police, constitutes a danger to any person or the community.
"

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. 4449, Allowing both residents and nonresidents to apply for and obtain a Class Q permit for disabled persons,
H. B. 4552, Relating to grounds for the revocation of teacher certificates,
H. B. 4553, Relating to standards for awarding certificates to teach in the public schools,

And,
H. B. 4554, Relating to the rights, privileges and benefits of substitute service personnel employed to fill vacancies created by leaves of absence.


First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4107, Allowing licensees of charitable bingo and raffle games to transfer game proceeds between their bingo and raffle operations,
Com. Sub. for H. B. 4166, Removing the description requirements in deeds for easements and rights-of-way for mineral leases,

And,
H. B. 4601, Relating to public education generally.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day was granted Delegate Coleman.


Miscellaneous Business


Delegate DeLong asked and obtained unanimous consent that the remarks of Delegate Mezzatesta regarding bipartisan politics be printed in the Appendix to the Journal.

Delegate Shaver announced that he was absent when the votes were taken on Roll Nos. 191 through 213, and that had he been present, he would have voted "Yea" thereon.

At 5:35 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Friday, February 26, 2004.