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Tuesday, February 3, 2004



The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.

Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

The Clerk proceeded to read the Journal of Monday, February 2, 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. 7, Naming Saturday, April 24, 2004, and on the last Saturday of April of each succeeding year thereafter, "Local Firefighter Day," in honor, recognition and appreciation of all local firefighters of West Virginia and their families,

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

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

By Delegates Paxton, Williams, Renner, Fragale, Crosier, Romine and Hamilton:

H. B. 4290 - "A Bill to amend and reenact §18-2E-8b of the code of West Virginia, 1931, as amended, relating a framework to avoid imposition of policies and practices on the public schools that distract from a thorough and efficient education; making findings and expressing legislative intent; requiring fiscal notes on policies, rules and programs affecting public schools and outlining applicable costs; providing alternative conditions under which policies, rules and programs may be adopted and the consequences of such; and providing for audit of capacity to implement certain past policies, rules and programs and report of recommendations."

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

Your Committee on Education 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 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. 4018) 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. 4140, Requiring the ethics commission to establish a code of conduct for state administrative law judges,

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. 4140) 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. 4148, Allowing bail bondsmen to deliver offenders to county or regional jails without bailpiece if a magistrate or circuit clerk is inaccessible,

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

Com. Sub. for H. B. 4148 - "A Bill to amend and reenact §62-1C-14 of the code of West Virginia, 1931, as amended, relating to allowing bail bondsperson to deliver offenders to county and regional jails without bailpiece; setting requirements; setting forth requirements related to medical treatment of defendant prior to authorities taking custody pursuant to a bailpiece; providing for certain immunities from liability; and providing 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. 4148) will be placed on the Consent Calendar.




Messages from the Executive


Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Division of Forestry, in accordance with the provisions of the code; which was filed in the Clerk's Office.


Messages from the Senate


A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of

S. B. 111 - "A Bill to establish the central West Virginia highlands highway authority to include representatives from Braxton, Nicholas, Webster, Randolph and Pocahontas counties; appointment of officers; and powers of authority"; which was referred to the Committee on Government Organization 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. 258 - "A Bill to amend and reenact §48-27-310, §48-27-802 and §48- 27-903 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §48-28-1, §48-28-2, §48-28-3, §48-28-4, §48-28-5, §48-28-6, §48-28-7, §48-28-8, §48-28-9 and §48-28-10, all relating to the enforcement of domestic violence protective orders generally; granting full faith and credit to out-of-state protection orders; expanding the West Virginia state police registry of in-state protective orders to include registration of out-of-state protection orders; expanding offenses and penalties for violations of in-state protective orders to include violations of conditions of bail, probation or parole which are intended to protect the personal safety of another; adopting the uniform interstate enforcement of domestic violence protection orders act; setting forth definitions; providing for enforcement of out-of-state protection orders even if the relief sought would not be available in West Virginia; setting forth criteria for enforcement of out-of-state protection orders, including protection provisions of valid out-of-state orders governing custody and visitation and mutual protection orders; providing that an out-of-state protection order which appears authentic on its face is presumed to be valid; providing for nonjudicial enforcement of out-of-state protection orders by law-enforcement officers with probable cause to believe that a valid protection order exists and has been violated; providing for registration of an out-of-state protection order with the West Virginia state police; providing that registration is not a prerequisite to enforcement of an out-of-state protection order; providing immunity from civil or criminal liability for law-enforcement or other government officers or agencies for good faith acts or omissions undertaken in the course of enforcing an out-of-state protection order; providing criminal penalties for violation of out-of-state protection orders or conditions of bail, probation or parole; specifying that a protected individual may pursue other remedies; urging a construction of the act that encompasses uniformity of application and construction with other states that adopt it; and specifying the orders and actions to which the act is applicable"; 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. 286 - "A Bill to amend and reenact §31A-2-8 of the code of West Virginia, 1931, as amended, relating to the assessment of regulated consumer lenders"; which was referred to the Committee on Banking and Insurance 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

S. B. 309 - "A Bill to amend and reenact §49-6-4 of the code of West Virginia, 1931, as amended, relating to medical and mental evaluations"; which was referred to the Committee on the Judiciary.


Resolutions Introduced


On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Delegate Warner:

H. J. R. 102 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty-seven, relating to the issuance of specialized motor vehicle license plates to promote a pet neutering and spaying program in the State of West Virginia and to require that revenue funds accruing from the sales of all specialized pet neutering and spaying motor vehicle license plates which are in excess of revenues otherwise dedicated to the road fund shall be expended solely for the management, educational benefit and use of neutering and spaying programs in the state and in the counties of the state and for no other purposes"; to the Committee on Constitutional Revision then the Judiciary.


Bills Introduced


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

By Mr. Speaker, Mr. Kiss, and Delegate Beane:

H. B. 4264 - "A Bill to amend and reenact §5A-3-45 of the code of West Virginia, 1931, as amended, relating to the disposition of state surplus property; allowing cannibalization of commodities under some circumstances; and allowing the disposing of commodities as waste under some circumstances"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Varner, Kominar, Stemple, Shaver, Campbell and Renner:


H. B. 4265 - "A Bill to amend and reenact §20-1-2 of the code of West Virginia, 1931, as amended, relating to amending the definition of 'resident' for purposes of obtaining Class A hunting and trapping licenses to include persons who own real property in West Virginia"; to the Committee on Agriculture and Natural Resources then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Walters, Trump, Webb, Beane, Cann and Browning:


H. B. 4266 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5F-4-1 and §5F-4-2, all relating to requiring regulatory agencies of government, with the exception of the division of motor vehicles and professional licensing boards, to study ways to expedite the issuance of licenses, permits and certificates and to file a report with the Legislature with recommendations on how to achieve greater expediency"; to the Committee on Government Organization.

By Delegates Amores, Palumbo, Kominar and Staton:

H. B. 4267 - "A Bill to amend and reenact §24C-1-3 of the code of West Virginia, 1931, as amended, relating to underground facility safety generally and including public and privately owned water utilities in the one-call system"; to the Committee on the Judiciary.

By Delegate Blair:

H. B. 4268 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-29-11, relating to prohibiting law-enforcement officers from asking crime victims if they have insurance coverage to cover losses caused occasioned by the criminal activity being investigated; and, excluding the provisions of the section in the event reasonable suspicion exists that a crime has been staged or falsely reported"; to the Committee on the Judiciary.

By Delegates Fleischauer, Amores, Kominar, Caputo, Palumbo, Brown and Faircloth:

H. B. 4269 - "A Bill to amend the code of West Virginia, 1931, as amended by adding thereto a new section, designated §61-3-5a, relating to establishing the offense of setting fires in a public right of way as arson in the fifth degree; providing a criminal penalty for violations; and, providing for enhanced penalties for subsequent violations"; to the Committee on the Judiciary.

By Delegates Fleischauer, Manchin, Caputo, Williams, Houston, Beach and Shaver:

H. B. 4270 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated article §20-15-1, §20-15-2, §20-15-3, §20-15-4, §20-15-5, §20-15-6, §20-15-7, §20-15-8, §20-15-9 and §20-15-10, all relating to creating the north central West Virginia regional trails and recreation authority; setting forth legislative findings; defining certain terms; creating and appointing the north central West Virginia regional trails and recreation authority board; setting forth the powers and duties of the board; providing for the appointment of rangers; providing bonding authority; establishing criminal penalties; limiting liability exposure for landowners who allow easements, leases or other access to their property for the north central West Virginia regional trails and recreation authority recreation area or trail; allowing rangers on duty on the north central West Virginia regional trails and recreation authority recreation area or trail to carry firearms; allowing the north central West Virginia regional trails and recreation authority to promulgate emergency rules under certain circumstances; and allowing the authority to set user fees for the north central West Virginia regional trails and recreation authority recreation area and trail at its discretion"; to the Committee on Government Organization then Finance.

By Delegates Foster, Palumbo, Hatfield and Iaquinta:

H. B. 4271 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-12, relating to requiring all schools in the state to permit students to self-administer asthma medication; requiring written authorization from parents or guardians; written statement from attending physician or advance practice registered nurse; limiting liability for injury; and providing certain definitions"; to the Committee on Education.

By Delegates Foster, Palumbo, Long and Frich:

H. B. 4272 - "A Bill to amend and reenact §17A-3-2 of the code of West Virginia, 1931, as amended; and to amend and reenact §17A-10-1 and §17A-10-3 of said code, all relating to motor vehicle registration of all-terrain vehicles used off of private property; removing the exemption for all-terrain vehicles used off of private property from requirements of annual motor vehicle registration; classifying all-terrain vehicles used off of private property for purposes of motor vehicle registration; and providing an annual motor vehicle registration fee for all-terrain vehicles used off of private property"; to the Committee on the Judiciary then Finance.

By Delegates Foster, Webster, Amores and Palumbo:

H. B. 4273 - "A Bill to amend and reenact §44-10-3 of the code of West Virginia, 1931, as amended, relating to the guardianship of minors generally and providing that family courts appoint guardians of minors"; to the Committee on the Judiciary.

By Delegate Howard:

H. B. 4274 - "A Bill to amend and reenact §17C-15-34 of the code of West Virginia, 1931, as amended, relating to requiring all motor vehicle mufflers, including replacement mufflers, to conform to the original manufacturers specifications for the muffler"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Howard, Armstead and Carmichael:

H. B. 4275 - "A Bill to amend and reenact §38-3-18 of the code of West Virginia, 1931, as amended, relating to extending the period to execute upon child support judgments from 10 years to 25 years"; to the Committee on the Judiciary.

By Delegates Howard and Sobonya:

H. B. 4276 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-8-1a, relating to exempting individual retirement accounts, pension and profit-sharing plans from executions"; to the Committee on the Judiciary.

By Delegate Leach:

H. B. 4277 - "A Bill to amend and reenact §31-18D-5, §31-18D-6, §31-18D-7 and §31-18D-9 of the code of West Virginia, 1931, as amended, all relating to reducing the number of directors of the affordable housing trust fund from eleven to nine members; deleting certain members appointed from nonprofit organizations and the executive director of a public housing authority from board membership; adding members appointed to the board from the real estate and manufactured housing sectors; reducing the quorum and majority vote requirements; providing for the appointment of an advisory board; providing start-up funds for initial operational expenses of local government programs; and, eliminating certain restrictions on application procedures"; to the Committee on Government Organization then Finance.

By Delegates Perry, Pino, Stalnaker, Shaver and Renner:

H. B. 4278 - "A Bill to amend and reenact §17C-8-5 of the code of West Virginia, 1931, as amended, relating to requiring property owners to keep property adjacent to intersections clear of obstacles for line of sight of operators of motor vehicles"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Perry, Shaver, Ennis, Swartzmiller and Williams:

H. B. 4279 - "A Bill to amend and reenact §18A-4-8a of the code of West Virginia, 1931, as amended, relating to salary increases for school service personnel"; to the Committee on Education then Finance.

By Delegates Perry, Stalnaker, Shaver and Renner:

H. B. 4280 - "A Bill to amend and reenact §5-16-15 of the code of West Virginia, 1931, as amended, relating to making available to retired participants in the public employees insurance system the optional dental, vision, and audiology and hearing-aid services insurance plans that are available to current public employee participants"; to the Committee on Finance.

By Delegates Perry, Stemple, Shaver, Crosier and Williams:

H. B. 4281 - "A Bill to amend and reenact §17B-4-3 of the code of West Virginia, 1931, as amended, relating to criminal penalties for driving while license is suspended or revoked"; to the Committee on the Judiciary.

By Delegates Smirl, Leggett, Faircloth, Paxton, Williams, Trump and Martin:

H. B. 4282 - "A Bill to amend and reenact §20-2-5 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-46n, all relating to authorizing crossbow hunting for disabled persons"; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Stemple, Swartzmiller, Kominar, Varner, Staton and Perry:

H. B. 4283 - "A Bill to amend and reenact §61-7-4 of the code of West Virginia, 1931, as amended, relating to all honorably retired law-enforcement officers of the state, United States military and the federal government being exempt from application fees and from supplying certain evidentiary proofs"; to the Committee on Finance.

By Delegates Swartzmiller, Shaver, Perry, Kominar, Williams, Beach and Ennis:

H. B. 4284 - "A Bill to amend and reenact §18A-2-2 of the code of West Virginia, 1931, as amended, relating to including all persons who meet the criteria to be categorized, as 'school personnel,' 'professional educators,' or 'other professional employees,' under the definitions set forth in §18A-1-1, for eligibility to receive the five hundred dollar early retirement bonus currently only offered to 'classroom teachers' "; to the Committee on Education then Finance.

By Delegates Webb (By Request), Walters and Armstead:

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

By Delegates H. White and Hrutkay:

H. B. 4286 - "A Bill to repeal §33-16-3c of the code of West Virginia, 1931, as amended, relating to mental health parity"; to the Committee on the Judiciary.

By Delegates Leach, Morgan, Craig, Beach, Long, Renner and Houston:

H. B. 4287 - "A Bill to amend and reenact §18B-9-5 of the code of West Virginia, 1931, as amended, relating to higher education; classified employee salary; and modifying provisions relating to funding the salary increment"; to the Committee on Education.

By Delegates Doyle, Manuel, Tabb, Trump, Duke, Faircloth and Overington:

H. B. 4288 - "A Bill to amend and reenact §18-12-1 of the code of West Virginia, 1931, as amended, relating to changing the name of Shepherd College to Shepherd University"; to the Committee on Education then Finance.

By Delegates Webster, Armstead, Doyle, Duke, Frederick, Caputo and Caruth:

H. B. 4289 - "A Bill to repeal §18-13-1 of the code of West Virginia, 1931, as amended; to amend and reenact §18B-1-2 of said code, all relating to renaming Concord College as Concord University, Fairmont State College as Fairmont State University, Shepherd College as Shepherd University and West Virginia State College as West Virginia State University"; to the Committee on Education then Finance.


Consent Calendar

Third Reading

H. B. 4132, Relating to the West Virginia guaranteed work force program; 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. 67), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:

Absent And Not Voting: Anderson, Butcher, Coleman, Ellem, Ferrell, Fleischauer, Poling and Shelton.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4132) passed.

An amendment to the title of the bill, recommended by the Committee on Industry and Labor, Economic Development and Small Business, was reported by the Clerk and adopted, amending the title to read as follows:

H. B. 4132 - "A Bill to amend and reenact §5B-2D-2, §5B-2D-3, §5B-2D-4, §5B-2D-5, §5B-2D-6 and §5B-2D-7 of the code of West Virginia, 1931, as amended, all relating to the West Virginia guaranteed work force program; updating terms; establishing that funds may be provided by the Legislature; requiring certain reporting and increasing the maximum amount that may be spent on certain training."

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. 4085, Clarifying certain terms related to the Ron Yost Personal Assistance Services Act,
Com. Sub. for H. B. 4110, Making the state's criminal and penalty laws applying to the use and display of beer and alcoholic beverages in motor vehicles conform to federal law,

And,

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


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

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


House Calendar

Third Reading

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

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 69), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

Absent And Not Voting: Anderson, Butcher, Coleman, Ellem, Ferrell, Fleischauer, Foster, Poling and Shelton.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4131) passed.

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


First Reading

Com. Sub. for H. B. 3097, Prescribing proper venue in civil actions involving West Virginia university and Marshall university; on first reading, coming up in regular order, was read a first time and ordered to second reading.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Anderson, Butcher, Coleman, Ellem, Ferrell, Fleischauer, Poling and Shelton.


Miscellaneous Business


Delegate R. M. Thompson announced that he was absent on yesterday when the votes were taken on Roll Nos. 62 and 66, and that had he been present, he would have voted "Yea" thereon.

Delegate Ferrell noted to the Clerk that he was absent when the votes were taken on Roll Nos. 67 and 69, and that had he been present, he would have voted "Yea" thereon.

Delegate Foster announced that he was absent when the vote was taken on Roll No. 69, and that had he been present, he would have voted "Yea" thereon.

At 11:37 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Wednesday, February 4, 2004.