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Wednesday, February 4, 2004



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

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

The Clerk proceeded to read the Journal of Tuesday, February 3, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Conference Committee Report Availability


At 11:28 a.m., the Clerk announced the availability in his office of the report of the Committee of Conference on S. B. 166, Reducing allowable blood alcohol content for DUI.


Committee Reports

On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Beach, Hartman, Kuhn, Fragale, Tabb, Renner, Shaver, Crosier, Perry, Williams, Swartzmiller, Paxton, Long and Stemple:


H. R. 6 - "Urging the President and Congress of the United States to amend the No Child Left Behind Act immediately to include a mechanism for a waiver from its provisions for school accountability that shall automatically be granted to states such as West Virginia that have successfully increased student achievement through their own standards and accountability reforms."

Whereas, West Virginia began standards based accountability as early as 1988 with the adoption of a performance-based accreditation system, has continually improved and refined its system to the present Process for Improving Education that incorporates high quality standards, assessment, accountability and capacity building and has held schools and school systems accountable for student performance on test scores, attendance and graduation rates for at least fifteen years; and

Whereas, Performance-based accountability in West Virginia has led the state to take control of four of its lowest performing school systems, make the improvements necessary to improve student, school and school system performance and return the first two of these take-over systems to independent and fully accredited status with the remaining two recent take-over systems steadily improving under state control; and

Whereas, West Virginia has improved and strengthened its content standards for the curriculum in the public schools and has developed a new criterion-referenced West Virginia Educational Standards Test (WESTEST) aligned with the content standards that will provide the basis for assessing student, school and school system performance and progress, including an informal assessment of students in grades kindergarten through grade two, annual testing of students in grades three through eight in mathematics, English language arts, science and social studies, end of course exams in English language arts and mathematics in high school and a comprehensive 10th grade math exam covering subject matter through algebra; and

Whereas, West Virginia has participated in the National Assessment of Educational Progress tests since their inception and has shown steady improvement in the scores of its students on these tests notwithstanding a high incidence of economically disadvantaged students and students with disabilities; and

Whereas, In 2001 Congress enacted and the President signed into law the No Child Left Behind Act which has as its announced purpose bringing to the public schools the high academic standards in reading and mathematics, the test-based accountability for the achievement of these standards and the high quality teaching needed for all students to perform at proficient levels, a purpose which may be appropriate to prompt some states to implement standards based accountability reform, but which was already well established in West Virginia; and

Whereas, The No Child Left Behind Act further has the laudable purpose of bringing more attention and accountability in the public schools for ensuring that all students graduate with the requisite proficiency in the basic skills, the appropriations for achieving this purpose are well below the levels that were anticipated to be needed and authorized by the Act for schools eligible to receive Title I funds, a shortfall compounded by the Act's requirement for a single accountability system that imposes the same mandates on all other public schools without any additional funding; and

Whereas, The imposition of a uniform mandate on all public schools with funding restricted to only an eligible subset of schools will result in an inequity of educational opportunity for students at schools not in the eligible subset, thus compounding the fiscal burden on the states and exposing their entire public school finance systems to challenges in the Courts; and

Whereas, The imposition of any mandate upon the public schools for which there is insufficient capacity or additional resources to meet its requirements, particularly a mandate which includes serious penalties for failure, will divert resources away from other laudable objectives of the public schools such as the advanced electives, vocational offerings and enrichment courses that enable the most academically capable students to excel; and

Whereas, Even though the educational improvements occurring in West Virginia over the past decade are proving successful with steady improvements in student, school and school system performance, the mandates of the No Child Left behind Act will cost West Virginia literally millions of dollars that it does not have and threaten to undermine its progress toward achieving the education goals of the state; and

Whereas, It is clear that the No Child Left Behind Act represents the most sweeping federal intrusion into state and local control of education in the history of the United States, which egregiously violates the time-honored American principles of balanced federalism and respect for state and local prerogatives, especially in the crucial area of education; therefore, be it

Resolved by the House of Delegates:

That the Congress of the United States be urged to amend the No Child Left Behind Act immediately to include a mechanism for a waiver from its provisions for school accountability that shall automatically be granted to states such as West Virginia that have successfully increased student achievement through their own standards and accountability reforms; and, be it

Further Resolved, That such waiver be available to these states so long as they maintain their proven standards and accountability programs and do not retreat from or weaken them; and, be it

Further Resolved, That the Clerk is hereby directed to transmit copies of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the West Virginia Congressional Delegation so that they may be apprized of the sense of the West Virginia House of Delegates in this matter.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. R. 6) to the Committee on Rules was dispensed with, and it was taken up for immediate consideration.

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

The yeas and nays having been ordered, they were taken (Roll No. 70), and there were--yeas 79, nays 18, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Armstead, Azinger, Blair, Carmichael, Caruth, Ellem, Faircloth, Frederick, Frich, Hall, Leggett, Overington, Schoen, Trump, Wakim, Walters, Webb and G. White.

Absent And Not Voting: Butcher, Coleman and Shelton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 6) adopted.

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

Your Committee on Education has had under consideration:

H. B. 4287, Eliminating the provision of law limiting seniority rights for classified employees when funding the annual salary increment results in employee layoffs,

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. 4287) will be placed on the Consent Calendar.

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


H. B. 4304 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16B-4a; and to amend and reenact §5-16B-8 of said code, all relating to continuation of the children's health insurance board."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4304) 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. 3083, Providing that magistrate court may be temporarily held in various locations throughout the county,

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

Com. Sub. for H. B. 3083 - "A Bill to amend and reenact §50-1-11 of the code of West Virginia, 1931, as amended, relating to the location of magistrate courts generally; and providing that magistrate court may be temporarily held in various locations throughout the county,"

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. 3083) will be placed on the Consent Calendar.

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

Your Committee on Government Organization has had under consideration:

H. B. 4259, Revising the composition, powers and duties of the Governor's Cabinet on Children and Families,

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

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

With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4259) to the Committee on Finance was abrogated.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4259) will be placed on the Consent Calendar.


Messages from the Senate


A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

H. C. R. 2, Renaming the East River Mountain Tunnel the "H. Edward Steele Memorial Tunnel".

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. 199 - "A Bill to amend §5-14-4 of the code of West Virginia, 1931, as amended, relating to correcting the statutory inconsistency of appointments to the commission for the deaf and hard-of-hearing in relation to the terms and number of appointees"; which was referred to the Committee on Government Organization.

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

S. B. 200 - "A Bill to amend and reenact §15-2-7 of the code of West Virginia, 1931, as amended, relating to requiring the superintendent of the state police to report annually to the Legislature about the effectiveness of its efforts in recruiting minorities"; which was referred to the Committee on Government Organization.

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

Com. Sub. for S. B. 209 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-4a, relating to requiring review of certain state leases and purchases of real property by the joint committee on government and finance; and exceptions"; which was referred to the Committee on Government Organization.

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

S. B. 323 - "A Bill to amend and reenact §22-3A-11 of the code of West Virginia, 1931, as amended, relating to continuation of the office of explosives and blasting"; which was referred to the Committee on Government Organization.

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

S. B. 324 - "A Bill to amend and reenact §29-6-5a of the code of West Virginia, 1931, as amended, relating to continuation of the division of personnel"; which was referred to the Committee on Government Organization.


Resolutions Introduced


Delegates Leach, Michael, Perdue and Susman offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 13 - "Requesting the Joint Committee on Government and Finance to conduct a study on the condition of the Mental Health Plan in West Virginia in regards to the organization and availability of services offered, and the types of services needed."

W HEREAS , The Mental Health Plan, the State Health Plan, the (Behavioral) Health Criteria for Performance Excellence, Healthy People 2010, as well as other goal-setting recommendation plans, each contains some discussion of the topic of mental health, the degree of which depends on the particular document; and

Whereas, The State Mental Health Plan is still in process under the review of the West Virginia Bureau of Behavioral Health, which process is being monitored by the Legislative Oversight Commission on Health and Human Resources Accountability; and

W HEREAS , According to the Department of Health and Human Resources, over four hundred juveniles are in out-of-state care facilities at any given time, for a total cost of more than $22,000,000 per year in out-of-state expenditures, due to a lack of adequate care systems within the state; and

W HEREAS , In over one hundred of the aforementioned instances, parents must sign custody of their children over to the State in order for the child to qualify for funding to cover the cost of treatment; and

W HEREAS , The appropriate treatment of juveniles with serious emotional disturbances and their families requires a collaborative State effort from multiple agencies, including but not limited to: the West Virginia Department of Health and Human Resources, the Bureau of Behavioral Health and Health Facilities, the Bureau of Children and Families, the Department of Education and the Division of Juvenile Services; and

W HEREAS , Community-based mental health care creates an environment of stability for those afflicted with mental health problems who receive family-based treatment in their communities of residence; and

W HEREAS, Federal Comprehensive Community Mental Health Services grants are available to develop comprehensive, community-based systems of care for youth with serious emotional disturbances and their families, but may only be applied to in-state treatment; and

W HEREAS , The Legislature should explore the possibilities of developing a comprehensive multi-agency mental health plan in the State of West Virginia, identify the core services needed in West Virginia communities to provide adequate care to its residents, and address the development of community-based treatment options and financial assistance opportunities available to avoid out- of-state placements; and

Whereas, The Legislature has studied this topic during the 2003-2004 interim session and has recommended that this subject receive further study during the 2004-2005 interim session; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the condition of the mental health plan of the State of West Virginia in regards to the organization and availability of services offered, and the types of services needed; 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.


Bills Introduced


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

By Delegates Amores, Perdue, Long, Foster and Trump:

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

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

H. B. 4292 - "A Bill to amend and reenact §5-10D-1 of the code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new article, designated §16-5U-1, §16-5U-2, §16-5U-3, §16-5U-4, §16-5U-5, §16-5U-6, §16-5U-7, §16-5U-8, §16-5U-9, §16-5U-10, §16-5U-11, §16-5U-12, §16-5U-13, §16-5U-14, §16-5U-15, §16-5U-16, §16-5U-17, §16-5U-18, §16-5U-19, §16-5U-20, §16-5U-21, §16-5U-22, §16-5U-23, §16-5U-24, §16-5U-25, §16-5U-26, §16-5U-27, §16-5U-28, §16-5U-29, §16-5U-30, §16-5U-31, §16-5U-32, §16-5U-33 and §16-5U-34, all relating to the consolidated public retirement board; providing that the board administer the emergency medical services retirement system; reflecting the long standing fiduciary obligation of consolidated public retirement board members to the plans they administer; clarifying the personal liability of board members to the retirement plans they administer; clarifying that board members shall discharge their duties in accordance with the law; establishing the emergency medical services retirement system; setting forth definitions; providing effective dates; establishing federal qualification requirements; providing for liberal construction; providing that plan is not a substitute for social security; providing for and setting membership standards; setting forth required contributions from members and employers; creating fund and providing for investments; providing for transfer from public employees retirement; setting time limits; setting forth notice requirements and requiring a test case; commencement of benefits; federal law maximum benefit limitations and minimum required distributions; direct rollovers; providing for retirement credited through member's use of accrued annual or sick leave; providing for retirement benefits; setting forth annuity options; providing for refunds in certain circumstances; deferred retirement; forfeitures; awards and benefits for duty related disability and from other causes; physical examinations; termination of disability; prior disability; awards and benefits to surviving spouse; additional death benefits and scholarships for dependent children; burial benefit; prohibiting double death benefits; loans to members; exemption from taxation, garnishment and other process; qualified domestic relation orders; fraud; criminal penalties; repayment; treatment of prior military service; pro rata reduction of annuities; effective date; starting date for benefits; limitation of county liability; and providing for no forfeiture of benefits if system terminates"; to the Committee on Pensions and Retirement then Finance.

By Delegate Cann (By Request):

H. B. 4293 - "A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to authorizing a special license plate for members of the Knights of Pythias and Pythian sisters"; to the Committee on Roads and Transportation then Finance.

By Delegates Cann, Fragale, Iaquinta, Stalnaker, Perry and Varner:

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

By Delegates Cann, Varner, Stalnaker and Perry:

H. B. 4295 - "A Bill to amend and reenact §13-2G-14 of the code of West Virginia, 1931, as amended, relating to exempting state bonds from taxation; and clarifying language in this statute"; to the Committee on Finance.

By Delegate Louisos:

H. B. 4296 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-21, relating to prohibiting the payment for the abortion-inducing drug RU-486 as a benefit under any health care insurance plan offered by the state to public employees"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Perry, Ennis and Cann:

H. B. 4297 - "A Bill to amend and reenact §18A-4-8e of the code of West Virginia, 1931, as amended, relating to competency testing of service personnel; and clarifying that county board of education and superintendent may designate places for testing"; to the Committee on Education.

By Delegates Perry, Stemple, Shaver and Cann:

H. B. 4298 - "A Bill to amend and reenact §8-14-24 of the code of West Virginia, 1931, as amended, relating to providing that retiring municipal police officers may keep their service revolver; and exceptions"; to the Committee on Political Subdivisions then Finance.

By Delegates Stemple and Kominar:

H. B. 4299 - "A Bill to amend and reenact §21-11-3, §21-11-4, §21-11-6, §21-11-12, §21- 11-13, §21-11-15, §21-11-17 and §21-11-20 of the code of West Virginia, 1931, as amended, all relating to modifications to the West Virginia Contractor Licensing Act; by increasing the cost of the undertaking in the definition of a contractor; providing compensation for board members; increasing the penalty for failing to conspicuously display license; exempting certain work from licensure; decreasing the period that a lapsed license may be renewed; providing for an appeal of penalty for contracting without a license; and removal of references to the board in certain sections"; to the Committee on Government Organization then Finance.

By Delegates Swartzmiller, Boggs, Pethtel, Stemple, Ennis, Varner and Beach:

H. B. 4300 - "A Bill to amend and reenact §7-14D-2 of the code of West Virginia, 1931, as amended, relating to changing the multiplier from two and one-quarter percent to two and one-half percent of final average salary for purposes of calculating the accrued retirement benefit of a deputy sheriff retirement system member"; to the Committee on Pensions and Retirement then Finance.

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

H. B. 4301 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-1-4, relating to the definition of transacting insurance"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates H. White, Hrutkay and Iaquinta:

H. B. 4302 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-47-1, §33-47-2, §33-47-3, §33-47-4, §33-47-5, §33-47-6, §33- 47-7, §33-47-8, §33-47-9, §33-47-10, §33-47-11, §33-47-12, §33-47-13, §33-47-14, §33-47-15 and §33-47-16, relating to the establishment and operation of an interstate compact for the review and approval of certain lines of insurance products; setting forth the purposes for establishing the compact, protecting the interests of consumers and promoting uniform standards for insurance products; setting forth definitions; establishing the interstate insurance product regulation commission, with the power to develop uniform standards for product lines, receive and approve those product filings and to be an instrumentality of the compacting states; setting forth the powers of the interstate insurance product regulation commission to promulgate rules, establish reasonable uniform standards for product filings, review products filed with the commission, review advertisement relating to long-term care insurance, exercise its rule-making authority, bring legal actions, issue subpoenas, undertake activities relating to the administration of the commission, and to appoint committees; setting forth provisions relating to organization of the commission relating to memberships and voting rights of states and participation in the governance of the commission, and creation of and content of bylaws of the commission; setting forth provisions relating to meetings and acts of the commission establishing rule-making authority of the commission and exempting rules promulgated by the commission from the provisions of chapter twenty-nine-a of this code, and allowing states to opt out of rules promulgated by the commission; setting forth provisions relating to the maintenance and disclosure of commission records, and relating to the commission's power to monitor states' compliance with the compact but preserving to states the ability to regulate the market conduct of insurers; setting forth provisions relating to resolution of disputes between compacting states and noncompacting states; setting forth requirements for filing products with the commission; setting forth appeal rights of insurers following disapproval of filings; setting forth provisions relating to the mechanism for funding the operations of the commission including the collection of filing fees; setting forth the circumstances under which the compact will become effective and requiring twenty-six states or states representing forty percent of premium volume for the effected insurance lines to adopt the compact before the commission may adopt uniform standards and approve filings; setting forth the procedures for states to withdraw from the compact and circumstances under which a state will be determined to be in default of the compact; provisions relating to severability; and provisions relating to the binding effect of the compact"; to the Committee on Banking and Insurance then the Judiciary.

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

H. B. 4303 - "A Bill to repeal §33-12-26 of the code of West Virginia, 1931, as amended; to amend and reenact §33-3-33 of said code; to amend and reenact §33-12-3, §33-12-8, §33-12-10, §33-12-18, §33-12-23, §33-12-27, §33-12-28, §33-12-30, §33-12-31 and §33-12-32 of said code; to amend and reenact §33-37-1, §33-37-2, §33-37-3, §33-37-4, §33-37-6 and §33-37-7 of said code; and to amend said code by adding thereto a new section, designated §33-37-8, all relating to Gramm- Leach-Bliley and reciprocity: eliminating the residency restriction reporting requirement for surplus lines licensees remitting the insurance policy surcharge, licensing of managing general agents, providing for certain penalties for violation by managing general agents, license requirement for insurance producers, continuing education required, fees charged, insurance producer appointments, service representatives, and repealing insurance vending machines"; to the Committee on Banking and Insurance then the Judiciary.


Consent Calendar

Third Reading


The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 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.

On the passage of the bills, the yeas and nays were taken (Roll No. 71), 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: Butcher, Coleman and Shelton.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 4085, Com. Sub. for H. B. 4110 and H. B. 4248) passed.

Delegate Staton moved that Com. Sub. for H. B. 4085 take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 75), 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: Browning, Butcher, Caruth, Coleman, Doyle, Hall, Hartman, Hatfield and Shelton.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4085) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence 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:
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.


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. 4140, Requiring the ethics commission to establish a code of conduct for state administrative law judges,

And,
Com. Sub. for H. B. 4148, Allowing bail bondsmen to deliver offenders to county or regional jails without bailpiece if a magistrate or circuit clerk is inaccessible.


House Calendar

Unfinished Business

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; coming up in regular order, as unfinished business, was reported by the Clerk.

On motion of Delegate Staton, the resolution was amended on page two, after line seven, by striking out the remainder of the resolution and inserting in lieu thereof the following:

"Further Resolved, That the Clerk of the House of Delegates is directed to send copies of this resolution to Gary Bonnett, President of the West Virginia State Fire Chief's Association, Tom Wolford, President of the West Virginia State Firemen's Association, Kessler Cole, President of the West Virginia Professional Fire Chief's Association and Chuck Walsh, President of the West Virginia Professional Firefighters Association."

The question now before the House being on the adoption of the resolution, as amended, the same was put and prevailed.

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


Second Reading

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


First Reading

H. B. 4290, Creating a framework to avoid imposition of policies and practices on the public schools that distract from a thorough and efficient education; 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 Butcher, Coleman and Shelton.


Miscellaneous Business


Delegates Doyle and Browning announced that they were absent when the vote was taken on Roll No. 75, and that had they been present, they would have voted "Yea" thereon.

Delegate Poling announced that she was absent on February 2 and February 3, 2004 when the votes were taken on Roll Nos. 62, 66, 67 and 69, and that had she been present, she would have voted "Yea" thereon.

Delegate Williams asked and obtained unanimous consent that the remarks of Delegate Mezzatesta regarding H. R. 6 be printed in the Appendix to the Journal.

Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate DeLong regarding the horse racing industry be printed in the Appendix to the Journal.

At 12:35 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Thursday, February 5, 2004.