__________*__________

Thursday, February 26, 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 Wednesday, February 25, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Conference Committee Report


Delegate Beane, from the Committee of Conference on matters of disagreement between the two houses, as to

Com. Sub. for H. B. 4022, Creating "The All-Terrain Vehicle Safety Regulation Act",

Submitted the following report, which was received:

Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the Senate to Com. Sub. for H. B. 4022 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

That the code of West Virginia, 1931, as amended, be amended by adding thereto a new chapter, designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-1-4, §17F-1-5, §17F-1-6, §17F-1-7, §17F- 1-8 and §17F-1-9, all to read as follows:



CHAPTER 17F. ALL-TERRAIN VEHICLES.

ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator; penalties for violations.
(a) No all-terrain vehicle may be operated in this state:


(1) On any interstate highway except by public safety personnel responding to emergencies;

(2) On any road or highway with a center line or more than two lanes except for the purpose of crossing the road, street or highway, if:

(A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

(B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

(C) The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and

(D) Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped;

(3) With more than one passenger unless more passengers are allowed under manufacturers' recommendations;

(4) With a passenger under the age of eighteen, unless the operator has at a minimum a level two intermediate driver's license or its equivalent or is eighteen years of age or older;

(5) Unless riders under the age of eighteen are wearing size appropriate protective helmets that meet the current performance specifications established by the American national standards institute standard, z 90.1, the United States department of transportation federal motor vehicle safety standard no. 218 or Snell safety standards for protective headgear for vehicle users;

(6) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;

(7) Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle's exhaust system; or

(8) Unless operating in compliance with the provisions of section two of this article.

(b) An all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder of any road, street or highway referred to in subdivision (2), subsection (a) of this section, other than an interstate highway, for a distance not to exceed ten miles, if:

(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and

(2) The vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights which must be illuminated.

(c) Operation of an all-terrain vehicle in accordance with subsection (b) shall not constitute operation of a motor vehicle on a road or highway of this state as contemplated by the provisions of section seven of this article.

(d) Notwithstanding any provision of this chapter to the contrary, a municipality, county or other political subdivision of the state may authorize the operation of all-terrain vehicles on certain specified roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, in emergencies or for specified purposes.
§17F-1-2. Safety awareness courses.

(a) On and after the first day of September, two thousand four, the commissioner of motor vehicles shall offer a free all-terrain vehicle rider safety awareness course, and may approve other all-terrain vehicle rider safety awareness courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer free safety awareness course materials to authorized dealers of all-terrain vehicles for use by purchasers and potential purchasers free of charge.

(b) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all- terrain vehicles and other approved providers to issue the certificates of completion.

(c) On and after the first day of January, two thousand five, no person under the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider awareness course as offered or approved by the commissioner.

(d) The provisions of subsection (c) of this section do not apply to the operation of an all- terrain vehicle on any private or public recreational trail or area or affiliated trail or area operated by an person or entity which has in place a safety program.
§17F-1-3. Local government authority to regulate.

Notwithstanding any provision of this article to the contrary:

(1) The governing body of a municipality may regulate in any manner or prohibit, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.

(2) Homeowner associations may petition the county commission of the county in which the area regulated by the homeowner association is located for an ordinance to regulate or prohibit the operation of all-terrain vehicles upon any street, road or avenue within the area regulated by the homeowner association. County commissions are hereby authorized, upon receipt of a petition authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the operation of all-terrain vehicles.

(3) The county commission of any county which has in effect and is operating under a countywide comprehensive plan may by lawfully enacted ordinance regulate or prohibit the operation of all-terrain vehicles on any road in the county, except interstate highways: Provided, That any county which enacts any such ordinance shall notify the West Virginia state police and all law- enforcement agencies in the county of its action in writing, together with a copy of the ordinance.
§17F-1-4. All-terrain vehicle rental dealers required to provide safety equipment.


Any person or entity renting or leasing all-terrain vehicles for recreational purposes must provide protective helmets as defined by the provisions of subdivision (5), subsection (a), section one of this article, to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the age and identity of the users of the all- terrain vehicle must be disclosed to the person or entity providing the rented or leased vehicle.
§17F-1-5. Private property exemption.

Except as provided by the provisions of subdivisions (3), (4) and (5), subsection (a), section one of this article, and except as provided by the provisions of section two of this article, the provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned or leased by the vehicle owner or on private lands of others with the owner's permission.
§17F-1-6. Exemption for farm, commercial use; current regulations.


(a) Except as provided by the provisions of subdivisions (4) and (5), subsection (a), section one, nothing in this article may be construed to preclude or limit the use or operation of all-terrain vehicles for lawful nonrecreational commercial purposes, including, but not limited to, farm use, oil and gas operations, timbering, surveying and public utilities access.

(b) Nothing in this chapter may be construed to supersede or contravene the provisions of any agreement between the state of West Virginia and any private or governmental entity entered into prior to the effective date of this chapter, or any lawfully promulgated legislative rule, including any emergency legislative rule, regulating the operation of all-terrain vehicles.
§17F-1-7. Applicability of rules of operation.


(a) Every person operating an all-terrain vehicle upon a public road or highway of this state shall be subject to all of the duties applicable to the driver of a vehicle by the provisions of chapter seventeen-c of this code except where inconsistent with the provisions of this article and except as to those provisions of chapter seventeen-c of this code which by their nature can have no application.

(b) Notwithstanding the provisions of subsection (a) of this section, a motor vehicle operator's license is not required of an operator of an all-terrain vehicle when he or she is operating said vehicle in conformity with the provisions of subdivision (2), subsection (a) or subsection (b), section one of this chapter except when the operator is under the age of eighteen and is transporting a passenger under the age of eighteen.
§17F-1-8. Criminal penalties.

(a) Except as provided in the provisions of subsection (b) of this section and in addition to any other legal remedy for violation of civil or criminal provisions of this code, any person who violates the provisions of this article or municipal or county ordinance enacted pursuant to the provisions of section three of this article or who owns or has control over an all-terrain vehicle and knowingly permits it to be used in violation of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.

(b) Any parent, legal guardian or person who has actual responsibility for a child under eighteen years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle without a helmet as required by the provisions of section one of this article is guilty of a misdemeanor and shall, upon conviction, be subject to the following penalties:

(1) For a first offense, a fine of not less than fifty dollars nor more than one hundred dollars or not more than ten hours of community service, or both;

(2) For a second offense, a fine of not less than one hundred dollars nor more than two hundred dollars or not more than twenty hours of community service, or both;

(3) For a third or subsequent offense, a fine of not less than two hundred dollars nor more than five hundred dollars or not more than one hundred hours of community service, or both.
§17F-1-9. Definition of all-terrain vehicle.

As used in this chapter, "all-terrain vehicle" or "ATV" shall mean any motor vehicle, fifty- two inches or less in width, having an unladen weight of eight hundred pounds or less, traveling on three or more low pressure tires with a seat designed to be straddled by the rider, designed for or capable of travel over unimproved terrain.

And,

That both houses recede from their respective positions as to the title of the bill and agree to a new title, to read as follows:
Com. Sub. for H. B. 4022 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-1-4, §17F-1-5, §17F-1-6, §17F-1-7, §17F-1-8 and §17F-1-9, all relating to the regulation of all-terrain vehicles generally; prohibiting operation on interstate highways and on center-lined roads or roads with more than two lanes; exceptions to prohibition; prohibiting operation with more than one passenger unless allowed under manufacturers' specifications; prohibiting child passengers unless operator is an adult or has a level two intermediate driver's license; requiring certain equipment; prohibiting riders under the age of eighteen without a helmet; providing for criminal penalties for violations; requiring safety awareness courses; creating exceptions; providing for regulation by local government authority; requiring rental dealers to provide safety equipment; providing certain exemptions for use on private property; providing exemption for farm and commercial use; and clarifying application of rules of operation."

Respectfully submitted,
J. D. Beane, Chair
Jeffrey V. Kessler, Chair

Joe Talbott,
Mike Ross,

Timothy R. Ennis,
Michael A. Oliverio, II,

Dale Manuel,
C. Randy White,

Donald T. Caruth,
J. Frank Deem,

Conferees on the part of
Conferees on the part

the House of Delegates.
of the Senate.

On motion of Delegate Beane, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 215), and there were--yeas 85, nays 12, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Boggs, Butcher, Ferrell, Hall, Hrutkay, Kuhn, Perdue, Stemple, Sumner, R. Thompson, Tucker and Wright.
Absent And Not Voting: Brown, Coleman and Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4022) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.


Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 26, Urging the County Commission of Jefferson County to take all reasonable steps to save and preserve the historic Jefferson County Jail,
H. C. R. 32, Erecting a plaque dedicating the "Bowers Bridge", located at Mannington in Marion County, to Herbert "Pete" Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter,
H. C. R. 25, Requesting the three branches of state government to cooperate and encourage leaders of the state, county and municipal governments to identify and affirmatively address the racial disparities in various areas of civil rights,
H. C. R. 27, Requesting the Division of Highways to name the bridge crossing the West Fork River at Enterprise, the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge",
H. R. 5, Acknowledging the establishment of a Civilian Conservation Corps Museum located in Harrison County, West Virginia and honoring their contributions,
And,
S. C. R. 28, Requesting Division of Highways rename connection of Route 73 between Fountain Place Mall and Mt. Gay "West Virginia POW-MIA Highway",
And reports the same back with the recommendation that they each be adopted.
At the request of Delegate Staton, and by unanimous consent, H. C. R. 25 was taken up for immediate consideration.
The question now being on the adoption of the resolution, Delegate Webster demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 216), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Coleman and Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 25) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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. 2717, Transferring the rule-making authority from the environmental quality board to the water quality board,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 2717) 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 the Judiciary.
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, but that it first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegates Hrutkay, Poling, Yeager, Butcher, Shaver, Tucker and Ashley:
H. B. 4628 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §24G-1-1, §24G-1-2, §24G-1-3, §24G-1-4, §24G-1-5, §24G-1-6, §24G-1-7, §24G-1-8, §24G-1-9 and §24G-1-10, all relating to expanding wireless infrastructure within this state; legislative findings and purpose; definitions; wireless infrastructure council created; council powers and duties; long term leases of state owned property authorized for construction, placement and operation of wireless infrastructure; exemption from purchasing division requirements; lease requirements; revolving fund created; deposits; fund use; and disbursements."
The Speaker then referred the bill to the Committee on Finance.
On motion for leave, a resolution was introduced (Originating in the Committee on Agriculture and Natural Resources and reported with the recommendation that it be adopted, but that it first be referred to the Committee on Rules), which was read by its title, as follows:
By Delegates Stemple, Boggs, Yeager, Beach, Crosier, DeLong, Long, Louisos, Manuel, Paxton, Pethtel, Poling, Shaver, Swartzmiller, Tabb, R. Thompson, Williams, Evans, Anderson, Border, Duke, Leggett, Overington, Romine and Schoen:

H. C. R. 55 - "Requesting the Joint Committee on Government and Finance to study whether wild ginseng and cultivated ginseng should be regulated in the same manner."
Whereas, Native ginseng is an important wild plant in West Virginia harvested by over fifteen thousand individuals; and
Whereas, The harvested wild ginseng generates several millions of dollars of income; and
Whereas, Wild ginseng is a threatened species subject to regulation by the U.S. Fish and Wildlife Service and the West Virginia Division of Forestry; and
Whereas, Over the past few years, several landowners have begun cultivating ginseng in the woods as a crop; and
Whereas, Cultivated ginseng is regulated in the same manner as wild ginseng; therefore, be it,
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to study whether wild ginseng and cultivated ginseng should be regulated in the same manner; 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 to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4149, Providing for the continuance of medical coverage for the spouse of a deceased retired public employee for any period previously purchased with accumulated leave,
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 Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4149) was referred to the Committee on Finance.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2725, Preventing a reduction in the annuity of a person who retires with disability retirement at age sixty-five,
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. 2725) was referred to the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Pensions and Retirement and reported by unanimous vote of the Committee, 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 Campbell, Craig, Williams, Browning, Frederick, Hall and Duke:
H. B. 4668 - "A Bill to amend the code of West Virginia, 1932, as amended, by adding thereto a new section, designated §5-10-22h; and to further amend said code by adding thereto a new section, designated §18-7A-26t, all relating to providing a supplemental pension benefit to certain retired members of the public employees retirement system and the teachers retirement system; specifying mandatory condition precedent required for supplement; and eligibility to receive supplement."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 4668) to the Committee on Finance was dispensed with.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4668) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4003, Adjusting the age for members of the West Virginia state police retirement system,
And,
H. B. 4596, Allowing municipal police and fire pension plans to use the actuarial examination by the State in lieu of obtaining its own actuary,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that they each do pass, as amended, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (H. B. 4003 and H. B. 4596) to the Committee on Finance was abrogated.
Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4441, Expanding newborn screening by adding sickle cell anemia and adrenal hypoplasia,
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 Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4441) was referred to the Committee on Finance.
On motions for leave, concurrent resolutions were introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that they each be adopted, but that they first be referred to the Committee on Rules), which were read by their titles and referred to the Committee on Rules, as follows:
By Delegates Perdue, Hatfield, Brown, DeLong, Fleischauer, Foster, Iaquinta, Leach, Mahan, Paxton, Spencer, Susman, Webster, Hrutkay, Yost, Ashley, Carmichael, Hall, Howard, Schadler, Sobonya, Sumner and Wakim:

H. C. R. 53 - "Requesting the Joint Committee on Government and Finance to conduct a study on fraudulent sales of durable medical equipment to West Virginia Seniors."
Whereas, Durable Medical Equipment (DME) is reusable medical equipment ordered by a physician - i.e. power wheelchairs, walkers, hospital beds; and
Whereas, While the majority of DME providers are reputable, some providers use unethical sales tactics thus committing fraud on seniors; and
Whereas, These unscrupulous providers use a variety of high pressure techniques in obtaining medicare health insurance claim numbers and purchase agreements; and
Whereas, Currently, power wheelchair providers are examples of providers who may use tactics and advertizing to create a need for these products - often advertising "free to the patient" or "medicare may provide for you"; and
Whereas, These providers also prey on seniors by coming into their homes and making them endure hours of high pressure sales techniques often not leaving until a purchase is made; and
Whereas, Seniors who succumb to these techniques purchase these products without realizing the exact costs and services provided; and
Whereas, The West Virginia Legislature should look into enacting legislation that would prevent DME providers from committing consumer fraud and manipulating the market of durable medical equipment in an effort to protect the seniors in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to make a study on deceptive sales techniques of durable medical equipment to West Virginia's senior; 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.
And,
By Delegates Perdue, Hatfield, Brown, DeLong, Fleischauer, Foster, Iaquinta, Leach, Mahan, Paxton, Spencer, Susman, Webster, Hrutkay, Yost, Ashley, Carmichael, Hall, Howard, Schadler, Sobonya, Sumner and Wakim:

H. C. R. 54 - "Requesting the Joint Committee on Government and Finance to conduct a study of the efficacy of collaborative pharmacy practice agreements between pharmacists and physicians and whether patient safety and welfare would be promoted or enhanced by such agreements."
Whereas, Many residents of West Virginia have limited access to health care, especially in rural areas of the State; and
Whereas, There is a limited supply of health care professionals practicing in West Virginia, thus facing an increased demand on the time and service of these practicing professionals; and
W HEREAS , Many West Virginians cannot afford health care; and
W HEREAS , The cost of health care, especially the cost of prescription drugs, continues to increase; and
W HEREAS , The growth of available medications has led to a rapid expansion of drug related problems; and
W HEREAS , Adverse drug reactions and treatment failures in the United States cost $121.5 billion in hospital admissions, $13.8 billion in physician office visits and over 200,000 deaths in 2000; and
Whereas, For every $1 spent on prescription drugs, $1.60 is spent resolving problems associated with the use of prescription drugs; and
W HEREAS , Proper and appropriate use of prescription drugs can prevent unnecessary health care services, reduce the cost of health care and improve patient outcomes; and
W HEREAS , Collaborative drug therapy management allows pharmacists and physicians to work together to improve patient care and reduce health care expenditures; and
Whereas, Forty states currently permit pharmacists and physicians to enter into collaborative agreements to improve patient care and reduce cost; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study of the feasibility of allowing pharmacists and physicians to enter into collaborative agreements; 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 to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4387, Requiring reporting by methadone clinics to the controlled substance monitoring program and requiring the promulgation of emergency rules for methadone treatment centers, And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4387) was referred to the Committee on the Judiciary.
Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4412, Requiring the children's health insurance board to submit a modification of its benefit plan,
And reports the same back, by unanimous vote of the Committee, with a title amendment, with the recommendation that it do pass, as amended, but first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4412) was referred to the Committee on Finance.
Chairman Cann, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2272, Exempting certain start-up businesses from various state, county and municipal taxes,
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. 2272) was referred to the Committee on Finance.
Chairman Cann, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 4381, Requiring payment of personal property taxes as a condition precedent to receiving or maintaining a business registration certificate,
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. 4381) was referred to the Committee on the Judiciary.
Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4587, Including persons who are members or consultants to review organizations within the definition of health care professionals for peer review purposes,
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. 4587) 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. 4587) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4103, Eliminating any reduction in the benefit of a state police officer who is disabled on the job when the officer attains the age of fifty-five,
And,
H. B. 4603, Providing that rights of deceased retired participants to interest is to be included in the calculation of terminal benefits payable,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (H. B. 4103 and H. B. 4603) 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 bills (H. B. 4103 and H. B. 4603) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2132, Providing retirement service credit to teachers at private colleges and universities,
And reports the same back, by unanimous vote of the Committee, with a title amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2132) 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. 2132) 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. 4566, Allowing continued employment of a spouse of a newly elected county commissioner with tenured service with a county agency to keep their job,
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. 4566) was referred to the Committee on the Judiciary.


Resolutions Introduced

Mr. Speaker, Mr. Kiss, and Delegates Michael, Amores, Anderson, Ashley, Azinger, Beach, Beane, Blair, Border, Brown, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Caruth, Crosier, DeLong, Duke, Evans, Faircloth, Ferrell, Fleischauer, Fragale, Frederick, Frich, Hamilton, Hartman, Hatfield, Houston, Hrutkay, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manchin, Manuel, Mezzatesta, Michael, Morgan, Palumbo, Paxton, Perry, Pethtel, Pino, Proudfoot, Romine, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Staton, Stemple, Susman, Swartzmiller, Tabb, Talbott, Tucker, Varner, Wakim, Walters, Warner, Webb, 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. 56 - "Requesting the Public Service Commission to study the current problems associated with the delivery of water and sewer service, and to study the feasibility of delivering water and sewer services by customer owned cooperatives."
Whereas, A significant number of West Virginia citizens remain without adequate water or sewage facilities; and
Whereas, Water and sewer services are presently provided by public service districts, municipalities and privately owned companies; and
Whereas, The availability of public funding operated entities, namely municipalities and public service districts, are limited and the demand exceeds available funds; and
Whereas, The rates of private water systems have risen significantly in West Virginia where a significant portion of our citizens are on fixed or limited income; and
Whereas, The creation of privately owned water and sewer cooperatives may provide the public with safe, high quality drinking water at affordable costs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests that the Public Service Commission study the current problems associated with the delivery of water and sewer service, and to study the feasibility of delivering water and sewer services by customer owned cooperatives; and, be it
Further Resolved, That the Legislature hereby requests the Public Service Commission to study this issue in a manner it considers appropriate; and, be it
Further Resolved, That the Public Service Commission shall report back to the Legislature no later than the first day of the regular session in 2005 as to the findings of the Public Service Commission together with any recommendations that it may have concerning legislation.
Mr. Speaker, Mr. Kiss, and Delegates G. White, H. White and Stalnaker offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 57 - "Expressing the full support of the West Virginia Legislature for the Republic of China on Taiwan to be permitted to appropriate and meaningful participation in activities of the World Health Organization."
Whereas, The Republic of China on Taiwan's achievements in the field of health are substantial, including one of the highest life expectancy levels in Asia, maternal and infant mortality rates comparable to those of western countries, the eradication of the infectious diseases of cholera, smallpox and the plague, and being the first Asian nation to eradicate polio and the first country in the world to provide children with free hepatitis B vaccinations; and
Whereas, The United States Centers for Disease Control and Prevention and its Taiwanese counterpart have enjoyed close collaboration on a wide range of public health issues; and
Whereas, In recent years Taiwan has expressed a willingness to financially and technically assist the international aid and health activities supported by the World Health Organization; and
Whereas, Taiwan's population of 23 million people is larger than that of 75% of the World Health Organization member states; and
Whereas, The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan's participation in appropriate international organizations; and
Whereas, Taiwan's participation in the activities of the World Health Organization could bring many benefits to the state of health not only in Taiwan but also regionally and globally; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia strongly urges that the Republic of China in Taiwan be permitted to appropriate and meaningful participation in the activities of the World Health Organization; and, be it
Further Resolved, That suitably prepared copies of this Resolution be sent to the President of the United States, the West Virginia Congressional Delegation, the Representative of the Taipei Economic and Cultural Office in Washington, D.C. and the World Health Organization.
Delegates Caputo, Manchin and Renner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 58 - "Requesting the Division of Highways to name the new Watson Bridge, over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the 'Jim Costello Memorial Bridge'."
Whereas, Jim Costello was born in Monongah, Marion County, June 26, 1923, one of seven children, the son of John Costello, a coal miner and Amanda Dee Swisher Costello, a midwife, and he passed away on June 7, 2002, leaving a wife, Evelyn Muto Costello, a daughter and son-in-law, Diane and Marc Cervo, son and daughter-in-law, Pat and Jenni Costello, a sister, Margaret Biafore, four grandchildren, Cara Hose and her husband, Steve Hose, Ryan, Brett and Jessica Costello; and
Whereas, Jim Costello served in the United States Navy during World War II and saw action in the South Pacific Theater on a PT boat. He also worked as a coal miner and completed 35 years of service at the Owen-Illinois Glass Plant serving as president of Local Union No. 109; and
Whereas, Jim Costello served as a supervisor for the West Virginia Department of Highways and during that time, he was instrumental in overseeing many projects for Marion County. He oversaw the removal of the dangerous curve at Dakota and the replacement of the current Watson Bridge structure in addition to many other highway projects; and
Whereas, Jim Costello was a strong Democrat and was involved with the Democratic Party serving on the executive committee and as precinct captain. He was the Marion County coordinator of several gubernatorial campaigns and was honored in 1997 as the Democrat of the year in Marion County; and
Whereas, It is fitting that the Watson Bridge be named for this true West Virginian who dedicated his life to improving Marion County and this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new Watson Bridge over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Jim Costello Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Jim Costello Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Jim Costello.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Manuel, Warner, Pino, Michael and Faircloth:
H. J. R. 110 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 5, article III thereof, relating to deleting language to allow the division of corrections to send convicted inmates out-of-state to serve their sentences; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegates Overington, Sumner, Anderson, Armstead, Ashley, Azinger, Blair, Border, Calvert, Canterbury, Carmichael, Caruth, Duke, Ellem, Evans, Faircloth, Frich, Hall, Hamilton, Howard, Louisos, Schadler, Schoen, Sobonya, Trump, Wakim, Walters and Webb offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 12 - "Amending the rules of the House of Delegates, relating to compelling a standing committee to take up and report out a bill."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by adding thereto a new rule as follows:
Compelling Action on a Bill
82a. Upon delivery to a standing committee of a petition signed by ten delegates which requests immediate action on a bill then before the committee, that committee and any standing committee to which the bill may be referred to as a second or subsequent reference shall within a total of no more than seven calendar days after the date of the petition take up the bill and report it out with: (1) No recommendation; (2) a recommendation that it do pass; or (3) a recommendation that it do not pass. No delegate may sign more than one compelling action petition during each year. Within five calendar days after a bill is reported out of last referred standing committee under the provisions of this rule, the committee on rules shall place the bill on the regular house calendar if the special house calendar is not in effect and on the special calendar if it is in effect for consideration by the house on the next legislative day. For the purpose of this rule, a legislative day is a day in which the House of Delegates is in session.
Delegates Renner, Caputo and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 13 - "Commending and congratulating Ron Batson of Marion County, West Virginia's Outstanding Tree Farmer for 2004."
Whereas, Ron Batson owns and manages a 425-acre tree farm in Marion County, West Virginia; and
Whereas, Ron Batson was selected as West Virginia's Outstanding Tree Farmer for 2004 by West Virginia Tree Farm Committee and its state sponsor, the West Virginia Forestry Association; and
Whereas, This outstanding tree farmer began his active campaign nine-years ago to improve his property by using sound forest management practices and enrolling in the Tree Farm Program; and
Whereas, Ron Batson performs forestry conservation practices such as timber harvesting, cull tree removal and establishing wildlife food plots; and
Whereas, The Batson Tree Farm was reinspected and shown to be following specific forest management objectives prepared and outlined by West Virginia Division of Forestery, service forester, Juergen Wildman; and
Whereas, It is the policy of this Legislature to recognize and commend outstanding West Virginians; therefore, be it
Resolved by the House of Delegates:
That we do hereby commend and congratulate Ron Batson of Marion County, West Virginia, upon being selected as winner of West Virginia's "Outstanding Tree Farmer Award for 2004" by the West Virginia Tree Farm Committee and the West Virginia Forestry Association and we extend to Ron Batson our best wishes as he represents the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House is hereby directed to send a copy of this resolution to Ron Batson.


Petitions

Delegates Manuel and Doyle presented a petition, signed by three hundred seventy-two residents of Jefferson County, requesting that the right of way off Mission Road be improved to allow for two way traffic from Mission Road to Route 643 in Virginia; which was referred to the Committee on Roads and Transportation.


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 Michael, Fleischauer, Beach, Williams, Mezzatesta and Poling:

H. B. 4629 - "A Bill to amend and reenact §18B-10-7 of the code of West Virginia, 1931, as amended, relating generally to higher education; extension of tuition and fee waivers to include spouses and children of national guard members, certified emergency attendants and emergency medical service personnel killed while serving the state"; to the Committee on Education then Finance.
By Delegate Beane:
H. B. 4630 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-11-1, relating to a bail bond forfeiture code, generally; issuing an arrest warrant for nonappearing defendant; time period allowed surety to produce the defendant; additional period for cause; when bail bond exonerated; penalties to fleeing defendant; and refunds following forfeiture"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 4631 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-2A-30, relating to allowing awards under the crime victims compensation program to be made to victims of identity theft"; to the Committee on the Judiciary then Finance.
By Delegates Boggs, Swartzmiller and Hrutkay:
H. B. 4632 - "A Bill to amend and reenact §8-10-2 of the code of West Virginia, 1931, as amended, relating to prescribing minimum standards for municipal judges; requiring criminal background checks of persons applying for municipal judgeships; and requiring municipal judges receive continuing legal training"; to the Committee on the Judiciary.
By Delegate Campbell:
H. B. 4633 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22h; and to amend said code by adding thereto a new section, designated §18-7A-26t, all relating to the public employees retirement system and the teachers retirement system; and providing a one-time supplement for certain annuitants under the age of sixty-five years"; to the Committee on Finance
By Delegates Cann, Ennis, Swartzmiller, Stalnaker, Stemple, Craig and Kominar:
H. B. 4634 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-8-14, relating to requiring persons incarcerated in county or regional jails who have been convicted of a misdemeanor to pay for the costs of his or her incarceration; providing an exemption for indigent persons and requiring community service in certain circumstances"; to the Committee on the Judiciary then Finance.
By Delegates Caruth, Ellem, Frich, Frederick and Long:
H. B. 4635 - "A Bill to amend the code of West Virginia, 1931, as amended by adding thereto a new section, designated §33-11-4a, relating to limiting third party actions in unfair trade practices suits against insurers, their employees, representatives and agents"; to the Committee on the Judiciary.
By Delegate Ellem:
H. B. 4636 - "
A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-24, relating to prohibiting the distribution of RU-486 by any administrator, employee or other official of the college or university; and providing a penalty for violations"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Fleischauer, Hatfield, Mahan, Hrutkay, Fragale, Susman and Brown:

H. B. 4637 - "A Bill to amend the code of West Virginia, 1931, as amended by adding thereto a new article, designated §16-42-1, §16-42-2, §16-42-3 and §16-42-4, all relating to establishing the 'West Virginia Prescription Drug Ethical Marketing Act' "; to the Committee on the Judiciary.

By Delegate Frich:

H. B. 4638 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting abortions in cases when a fetus is capable of survival outside the mother's womb; prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Howard, Craig and Sobonya:

H. B. 4639 - "A Bill to amend and reenact §10-1-12 of the code of West Virginia, 1931, as amended, relating to increasing the size of the library commission to ten members; and requiring that one member of the library commission be a blind person"; to the Committee on Government Organization.

By Delegate Mahan:

H. B. 4640 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-2D-1, §20-2D-2, §20-2D-3, §20-2D-4, §20-2D-5, §20-2D-6 and §20-2D-7, all relating to wildlife rehabilitation; definitions; qualifications for wildlife rehabilitators; duties of rehabilitators; and revocation of licenses"; to the Committee on Government Organization.
By Delegates Michael, Leach, Long, Kominar, Foster, Beane and Perdue:

H. B. 4641 - "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 the certification of dialysis technicians by the board of professional nursing, including all qualifications, the application process, fees, board responsibilities, training program approval, authorized activities, disciplinary grounds and criminal penalties for prohibited acts"; to the Committee on Government Organization then Finance.

By Delegates Stalnaker, Mezzatesta and Michael:

H. B. 4642 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-5e, relating to restricting political subdivisions of the state from conducting businesses selling tangible personal property in competition with private enterprises"; to the Committee on the Judiciary.

By Delegate Talbott:

H. B. 4643 - "A Bill to amend and reenact §17C-15-26 of the code of West Virginia, 1931, as amended, relating to authorizing the use of flashing white lights as auxiliary lights on emergency vehicles"; to the Committee on the Judiciary.

By Delegates R. Thompson, G. White, Swartzmiller, Ennis, Fleischauer and Caputo:

H. B. 4644 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5A-3-37b and §5A-3-37c, all relating to prohibiting foreign professional service contracts with the state; creating the 'Keep Jobs In West Virginia Act'; declaring that state officials do not have authority to bind the state under the government procurement rules of an international trade agreement; providing the state is not bound by the government procurement rules of any international trade agreement; requiring the state attorney general to notify the United States Trade Representative as well as the Congress of this state's position not to be bound by the government procurement rules of any international trade agreements; prohibiting the state to enter into foreign procurement contracts; and setting forth an effective date for the proposed legislation"; to the Committee on the Judiciary then Finance.
By Delegates R. Thompson, G. White, Swartzmiller, Ennis, Fleischauer, Webb and Caputo:


H. B. 4645 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5A-3-37b and §5A-3-37c, all relating to creating the 'Job Preservation Act of 2004'; providing companies that lose one hundred or more employees due to outsourcing of jobs are ineligible to enter procurement contracts with the state or local governments or receive government grants; requiring certain companies that lose one hundred or more employees to notify the department of labor about the loss; requiring the department to send a survey to companies that report the loss of one hundred or more employees in order to determine the number of employees lost because of outsourcing jobs outside of the United States; and requiring the department to provide written notice to state agencies and local governments"; to the Committee on Industry and Labor, Economic Development and Small Business then Government Organization.

By Delegates Trump, Border and Blair:

H. B. 4646 - "A Bill to amend and reenact §23-5-9 of the code of West Virginia, 1931, as amended, relating to payment of mediators appointed by the office of judges of the workers' compensation commission and providing that in certain cases one-half the expenses and fees of the mediator shall be withheld from the claimants benefits"; to the Committee on the Judiciary.

By Delegates Webster, Spencer, Foster, Palumbo, Hatfield, Amores and Brown:

H. B. 4647 - "A Bill to amend and reenact §31-15-2 and §31-15-3 of the code of West Virginia, 1931, as amended, relating to providing a procedure for the economic development authority to address employment and economic development problems of minority populations of this state"; to the Committee on Government Organization then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Frederick, Staton, Kominar, Caruth, Browning and Yeager:


H. B. 4648 - "A Bill to amend and reenact §11-13A-3 of the code of West Virginia, 1931, as amended, relating to severance taxes generally; and providing that the reduced tax rate applies to underground mines producing coal from seams of less than thirty-two inches"; to the Committee on Finance.

By Delegates Amores, Fleischauer, Craig and Schadler:

H. B. 4649 - "A Bill to amend and reenact §49-5D-2,§49-5D-3 and §49-5D-3a of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §49-10-1, §49-10-2, §49-10-3, §49-10-4, §49-10-5, §49-10-6 and §49-10-7, all relating to child welfare; providing for a child advocacy center participation in multidisciplinary investigative teams; providing for uniform comprehensive assessments of children; preference to instate placement; including in team, court-appointed special advocate when available; requiring team preference of instate placement; requiring court preference of instate placement; establishing child welfare oversight panel; providing purpose of panel; establishing membership requirements; establishing duties of the panel; requiring annual reporting; directing department of health and human resources participation in panel; providing for confidentiality of panel proceedings and recordings and exceptions and limitations thereon; and providing limited immunity to persons participating in panel activities"; to the Committee on the Judiciary.

By Delegates Border, Long, Foster, Perdue, Leach and Hatfield:

H. B. 4650 - "A Bill to amend and reenact §20-2-46e of the code of West Virginia, 1931, as amended, relating to including persons diagnosed with disability of a major body system with an accompanying degree of severity as rated under social security disability guidelines, in conjunction with other statutory criteria that must be met by these persons, for the purpose of determining eligibility to obtain a Class Q special resident hunting permit for disabled persons"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Caruth, R. M. Thompson, Frederick, Trump, Kominar, H. White and Armstead:


H. B. 4651 - "A Bill to amend and reenact §21A-6-3 of the code of West Virginia, 1931, as amended, relating to providing that an individual who provides notice of future voluntary resignation, but is required to leave his or her employment prior to the prospective resignation date, remains qualified for unemployment benefits from the time the notice is given to the employer until the end of the notice period, or thirty days, whichever period is shorter"; to the Committee on the Judiciary.

By Delegates Fleischauer, Hatfield, Hrutkay, Beach, Houston, Foster and Perdue:

H. B. 4652 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-4A-5a, relating to requiring dentists that administer general anesthesia to pediatric patients to comply with certain requirements regarding personnel, operating facilities, equipment, monitoring procedures, recovery and discharge"; to the Committee on the Judiciary.

By Delegate Mahan:

H. B. 4653 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-23g, relating to conducting a study of the upper area New River; opening the area to permit for float trips and bateau style boats; and economic development"; to the Committee on the Judiciary.

By Delegates Manuel and Tabb:

H. B. 4654 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-3-8, relating to authorizing the sheriff and any deputy sheriff of a county to enforce traffic laws within homeowners' association or subdivision property, upon receipt of a petition by the homeowners' association or subdivision; to authorize a civil penalty only with no points assessed against a persons driver's license; and directing the proceeds from enforcement to the county's parks and recreation commission"; to the Committee on the Judiciary.

By Delegates Michael, Cann, Foster, Leach, Stalnaker, Boggs and Proudfoot:

H. B. 4655 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16B-10, relating to subrogation rights of the children's health insurance plan"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Morgan, Craig, Leach, Smirl, Sobonya and Howard:

H. B. 4656 - "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 tangible personal property, parts, materials, apparatus and equipment to be directly incorporated into the initial construction or installation of a qualified amusement ride that is directly sold or leased to a qualified operator of a qualified amusement park located in this state; for leases of qualified amusement rides that are directly leased to a qualified operator of a qualified amusement park located in this state; and for sales of qualified amusement ride design and engineering services that are directly sold to a qualified operator of a qualified amusement park located in this state; and providing definitions"; to the Committee on Finance.

By Delegates Palumbo, Houston, Kominar, Foster, Amores and Howard:

H. B. 4657 - "A Bill to amend and reenact §23-2-1 of the code of West Virginia, 1931, as amended, relating to providing that certain persons who are members of a limited liability company solely as an investors in the company are not employees for whom workers' compensation premiums are paid"; to the Committee on the Judiciary then Finance.

By Delegates Stemple and Faircloth:

H. B. 4658 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-21, relating to defense of self, others and property; and providing limited immunity from civil liability"; to the Committee on the Judiciary.

By Delegates Walters, Morgan and Armstead:

H. B. 4659 - "A Bill to amend and reenact §5A-3-37 of the code of West Virginia, 1931, as amended, relating to creating a vendor preference for state purchasing and purchases by political subdivisions of the state in corporations that maintain their principle places of business in West Virginia and receive over fifty percent of their revenues in this state"; to the Committee on Government Organization then Finance.

By Mr. Speaker, Mr. Kiss, and Delegates Michael, Staton and Frederick:

H. B. 4660 - "A Bill to amend and reenact §5-3-5 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-3-6, providing for the disposition of funds or assets recovered in a legal action or settlement by or on behalf of the general public, the state or its officers, agencies or political subdivisions"; to the Committee on Finance.

By Mr. Speaker, Mr. Kiss, and Delegates Michael, Staton, and Frederick:

H. B. 4661 - "A Bill to amend and reenact §5-3-1 and §5-3-2 of the code of West Virginia, 1931, as amended, all relating to the attorney general and others providing legal services upon request of officers, agencies or political subdivisions"; to the Committee on Finance.

By Delegates Armstead, Walters, Webb and Calvert:

H. B. 4662 - "A Bill to amend and reenact §17-3-6 of the code of West Virginia, 1931, as amended, relating to requiring the division of highways to grant priority to roadway construction, reconstruction and maintenance for roadways prone to recurring floods that hinder ingress and egress to and from residential areas, schools and downtown districts, and that hinder access by emergency response vehicles"; to the Committee on Finance.

By Delegate Azinger:

H. B. 4663 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-14, relating to requiring abortion facilities to have certain written policies and procedures"; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Evans:

H. B. 4664 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-13a, relating to hospitals and similar institutions; and requiring any facility that performs abortions to maintain a quality assurance program"; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Webb:

H. B. 4665 - "A Bill to amend and reenact §51-2A-6 of the code of West Virginia, 1931, as amended, relating to increasing the secretary-clerk annual salary from twenty-five thousand three hundred thirty-two dollars to thirty thousand three hundred thirty-two dollars"; to the Committee on the Judiciary then Finance.

By Delegate Webb:

H. B. 4666 - "A Bill to amend and reenact §51-2A-2 of the code of West Virginia, 1931, as amended, relating to providing visitations between half-siblings and step-siblings"; to the Committee on the Judiciary.

By Delegates Webster, Spencer, Foster, Palumbo, Hatfield, Amores and Brown:

H. B. 4667 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15-23a, relating to providing a special fund for the economic development authority to address employment and economic development problems of minority populations of this state"; to the Committee on Government Organization then Finance.


Consent Calendar

Second Reading


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


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

And,
Com. Sub. for H. B. 2423, Awarding high school diplomas to certain veterans.
Com. Sub. for H. B. 3118, Increasing the salary of public service district board members; on first reading, coming up in regular order, was reported by the Clerk.

The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested Com. Sub. for H. B. 3118 be removed from the Consent Calendar and be placed upon the House Calendar.
Com. Sub. for 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; on first reading, coming up in regular order, was reported by the Clerk.

The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested Com. Sub. for H. B. 4018 be removed from the Consent Calendar and be placed upon the House Calendar.

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. 4027, Establishing a voluntary environmental excellence program,
H. B. 4158, Providing a procedure for removing property from the state's inventory of removable property,
Com. Sub. for H. B. 4193, DEP - Waste Management, hazardous waste management rule,
Com. Sub. for H. B. 4211, Highways, use of state road rights-of-way and adjacent areas,
Com. Sub. for H. B. 4291, Continuing education requirements for licensed healthcare professionals on the subject of end-of-life care training,
Com. Sub. for H. B. 4334, Creating the joint commission on technology and advanced communications,
Com. Sub. for H. B. 4379, Changing the representation of the board of registered professional nurses,
Com. Sub. for 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,
Com. Sub. for H. B. 4501, Creating exemptions from the consumers sales and services tax for e-commerce vendors and other high technology businesses,
Com. Sub. for 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,
H. B. 4557, Deleting the specified year of the funding appropriated to provide the pay equity adjustment,
Com. Sub. for H. B. 4559, Providing urban mass transportation authorities expanded competitive procurement procedures for the purchase of supplies, equipment and materials,
H. B. 4560, Requiring that firefighters and security guards employed by the adjutant general of the national guard be members of the national guard,
H. B. 4576, Creating a voluntary checkoff on state income tax returns to donate refunds to family literacy program,
H. B. 4622, Repealing the section of the code relating to the exemption of lottery prizes from taxation,
H. B. 4623, Repealing the section of the code relating to expenditure of excess in collections upon approval of governor,

And,
H. B. 4624, Relating generally to tax increment financing.
H. B. 4625, Authorizing the tourism commission the use of the tourism promotion fund to support the 2004 Pete Dye West Virginia Classic; on first reading, coming up in regular order, was reported by the Clerk.

The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested H. B. 4625 be removed from the Consent Calendar and be placed upon the House Calendar.
H. B. 4627, Honoring academic performance of West Virginians graduating from U.S. military academies; on first reading, coming up in regular order, was read a first time and ordered to second reading.


Special Calendar

Unfinished Business

Com. Sub. for 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; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 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; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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


Third Reading

Com. Sub. for H. B. 4117, Requiring medical providers to furnish patients copies of medical reports without prepayment and to furnish copies of bills without cost; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 217), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman and Ennis.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4117) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4298, Providing that retiring municipal police officers may keep their service revolver; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 218), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman and Ennis.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4298) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4449, Allowing both residents and nonresidents to apply for and obtain a Class Q permit for disabled persons; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 219), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman and Ennis.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4449) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4552, Relating to grounds for the revocation of teacher certificates; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 220), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman and Ennis.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4552) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4553, Relating to standards for awarding certificates to teach in the public schools; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 221), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman and Ennis.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4553) passed.

Delegate Staton moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 222), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman and Ennis.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4553) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4554, Relating to the rights, privileges and benefits of substitute service personnel employed to fill vacancies created by leaves of absence; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 223), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman and Ennis.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4554) passed.

Delegate Staton moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 224), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman and Ennis.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4554) takes effect from its passage.

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


Second Reading


The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 4031, Increasing the salaries of supreme court of justices, circuit court judges and family court judges,
H. B. 4107, Allowing licensees of charitable bingo and raffle games to transfer game proceeds between their bingo and raffle operations,

And,
Com. Sub. for H. B. 4166, Removing the description requirements in deeds for easements and rights-of-way for mineral leases.
H. B. 4601, Relating to public education generally; on second reading, coming up in regular order, was read a second time.

At the request of Delegate Staton, and by unanimous consent, the bill (H. B. 4601) was advanced to third reading, and the rule was suspended to permit the offering and consideration of amendments to the bill on that reading.


First Reading

Com. Sub. for H. J. R. 2, Pet Animal Neutering and Spaying Amendment; on first reading, coming up in regular order, was read a first time and ordered to second reading.
H. J. R. 108, Survivors' Education Amendment; on first reading, coming up in regular order, was read a first time and ordered to second 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. 4005, Creating a special revenue fund for the operation of the education and state employees grievance board,
Com. Sub. for H. B. 4067, Modifying and updating auctioneer licensing requirements, fees and continuing education,
Com. Sub. for H. B. 4342, Exempting prescription drugs and insulin from the consumers sales tax when sold to patients,

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


Leaves of Absence

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


Miscellaneous Business


Delegate Armstead asked and obtained unanimous consent that the remarks of Delegate Calvert be printed in the Appendix to the Journal.

Delegates Perdue and Ferrell announced that they were absent on Wednesday, February 25, 2004 when the votes were taken on Roll Nos. 191 through 214, and that had they been present, they would have voted "Yea" thereon.

At 12:51 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00 a.m., Friday, February 27, 2004.