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This being the day fixed by Section 18, Article VI of the Constitution of the State of West Virginia for the annual assembly of the Legislature, the members of the House of Delegates met in their Chamber in the Capitol Building in the City of Charleston, and at 12 o'clock meridian were called to order for the Second Regular Session of the Seventy-sixth Legislature by the Speaker, the Honorable Robert S. Kiss. Prayer was offered and the House was led in recitation of the Pledge of Allegiance. The roll was then called (Roll No. 1), and 96 Delegates having answered to their names, the Speaker declared the presence of a quorum. On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three to notify the Senate that the House of Delegates had assembled for the Second Regular Session of the 76th Legislature, as provided by Section 18, Article VI of the Constitution of the State, with a quorum present, and was ready to proceed to the business of the session. Whereupon, The Speaker appointed as members of such committee: Delegates Stemple, Manchin and G. White. On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three to join with a similar committee of the Senate to inform His Excellency, the Governor, that the Legislature had assembled in Regular Session as provided by Section 18, Article VI of the Constitution of the State, with a quorum of each house present, was ready to enter into the business of the session and to convey to him that it would be pleased to receive any communication he may desire to present. Whereupon, The Speaker appointed as members of such committee the following: Delegates Houston, Martin and Smirl. A message from the Senate, by Senators White, Jenkins and Facemyer, announced that the Senate had assembled for the Second Regular Session of the 76th Legislature, with a quorum present, and was ready to proceed to the business of the session. Subsequently, Delegate Stemple, from the Committee to notify the Senate that the House of Delegates had assembled and was ready to proceed to the business of the session, reported the performance of that duty. Delegate Houston, from the Committee to inform His Excellency, the Governor, that the Legislature had assembled for the Second Regular Session of the 76th Legislature, reported that the Committee had completed its assigned task. Secretary of State State Capitol Charleston, West Virginia Dear Mr. Secretary: Pursuant to the provisions of WV Code §3-10-5, I have this day appointed Manchin, 1543 Fairmont Avenue, Fairmont, Marion County, West Virginia, 26554, as Delegate of the 43rd Delegate District to fill the vacancy created by the death of the Honorable A. James Manchin. Tim Manchin will serve from November 20, 2003, until a permanent successor is chosen and certified at the general election in November 2004. The appropriate commission is being issued accordingly. Very truly yours, Bob Wise, Governor. The Speaker announced that Delegate Tim Manchin had previously qualified by taking and subscribing to the several oaths of office as required by Section 16, Article VI of the Constitution of the State and welcomed him as a member of the House of Delegates. (Applause, the members rising) Mr. Speaker, Mr. Kiss, announced that he had appointed Delegate Manchin to the committees on Political Subdivisions, Roads and Transportation and Government Organization. The Speaker announced the reintroduction and references to the various standing committees of the following House Joint Resolutions from the First Regular Session of the 76th Legislature: House Joint Resolutions 1, 2, 3, 5, 7, 8, 10, 11, 12, 13, 14 and 16. Delegate Staton offered the following resolution: H. C. R. 1 - "Raising a Joint Assembly to hear an address by His Excellency, the Governor." Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it Resolved by the Legislature of West Virginia: That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o'clock postmeridian this day; and, be it Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address. At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and adopted. Whereupon, In accordance with the provisions of the resolution, the Speaker appointed as members of the committee to wait upon His Excellency, the Governor, the following: Delegates Houston, Martin and Smirl. Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein. At 12:33 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:45 p.m., and reconvened at that time. 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. 1, Raising a Joint Assembly to hear an address by His Excellency, the Governor. The Speaker invited the President to be seated to his right and the other members to be seated in the places reserved for them in the Well of the House. The Doorkeeper next announced the Honorable Elliot E. Maynard, Chief Justice of the Supreme Court of Appeals, and the Associate Justices, who entered the Hall of the House of Delegates and took the seats reserved for them. The Doorkeeper then announced the Board of Public Works, who were escorted to the seats reserved for them. The Doorkeeper announced the Honorable John D. Rockerfeller, the Junior Senator from the State of West Virginia, who took the seat reserved for him. The Doorkeeper then announced the Honorable Allan Mollohan, the Congressman from the First Congressional District, who was escorted to the seat reserved for him. The Speaker then recognized the Doorkeeper, who announced the special committee to wait upon His Excellency, the Governor, and escort him into the Chamber. Delegate Houston, from such committee, announced that, pursuant to the invitation of the Legislature, His Excellency, the Governor, was present for the purpose of addressing the Joint Assembly. The Committee then escorted His Excellency, the Governor, to the Clerk's Desk. (Applause, the members rising) The Speaker then presented the Honorable Robert E. Wise, who addressed the Joint Assembly as follows: Before we begin the important work of the state, we must remember the thousands of West Virginia men and women in uniform. They are deployed across the world in freedom's cause. On behalf of every citizen, I thank the men and women who have placed themselves in harm's way on behalf of the United States. Several of those soldiers are with us tonight. Let us recognize a soldier who has made a great sacrifice. I present to you former Private First Class Jessica Lynch of Palestine, Wirt County. (Applause, the members rising in ovation) Two other soldiers with us tonight represent thousands of West Virginians in our armed forces. They are Staff Sergeant Marlon Leftwich with the West Virginia Air National Guard who served in Iraq (Applause, the members rising) and Sergeant First Class Benjamin Gentry III with the Army National Guard who served in Iraq and Afghanistan. (Applause, the members rising) Join me in honoring our soldiers like Marlon, Benjamin and Jessica by submitting to the voters this year a constitutional amendment to provide each member of the military who has served or is serving as a result of conflicts in Iraq, Kosovo and Afghanistan with a cash bonus. Our state has done the same in past wars. We must do the same in this one. (Applause) We cannot forget the veterans of World War II, Korea and Vietnam. In October, we broke ground on a state-of-the-art nursing home facility, the first of its kind in the State, for West Virginia veterans. (Applause) We have lost several dedicated public servants in the past year. Delegate A. James Manchin, who brought humor, heart and hope with him everywhere he went; from our administration, Tom Keeley, a long-time state and community leader who worked every day to create positive changes; and someone who was beloved by all of us, Senate Sergeant of Arms Tony DeRamio. Please join me in a moment of silence as we remember them. Every West Virginia citizen knows these are difficult times. People are working harder and longer to make ends meet. Jobs are precious. There is less money available for things we want, and we have to dig deeper for things we must have. State government is not immune from the national economy. Across the country, states have been in crisis. Many have reduced important education programs. In twenty-one states, public employees have been subject to furloughs, layoffs and early retirement. In West Virginia, we have avoided financial disaster. We took a hard look at each year's spending and made difficult choices early. Since 2001, we have reduced spending time and time again, taking hundreds of millions of dollars out of state budgets. We are showing that taking on tough issues pays off. We have seen the results. That is why we can never go back to status quo. But this is the hardest year yet. We face a gap of $120 million between what we expect to collect and what we are projected to spend. Several months ago, I asked each state agency - with no exceptions - to prepare a budget for 2004-2005 with a nine percent budget cut. West Virginia's state employees have been at the forefront of our savings efforts. Our suggestion-box website has been filled with helpful ideas, like that of Andrew Jensen from Workers' Compensation. His office is saving taxpayers $40,000 in postage annually, and is providing our customers better service. Andrew, please stand and be recognized for your contribution. (Applause) Thanks to his work and the hundreds of others across state government, we will not have to make across-the-board cuts in every program. This year, we will have a budget of 3.2 billion dollars, a figure almost exactly the same as last year. But we can't use yesterday's priorities to allocate future spending. We are balancing our budget mostly by reducing costs. More than two-thirds of the shortfall has been wiped out by targeted spending cuts and only one-third by revenue enhancements. This budget does not propose any disruptive action like pay cuts, layoffs or furloughs. ·As we did last year, we will again exempt state troopers and corrections. And, like last year, I have exempted senior citizens programs from cuts. ·Our school budget increases by $39 million, but we must demand sacrifice from the school bureaucracy. ·We have protected children's health and our scholarship programs. As I speak, my office has e-mailed to the House and Senate, a budget that is balanced, that is reasonable and that prepares us well for the future. With this budget, you can not only reduce spending, but also invest in health care, jobs and education. In the past three years, we have made major strides in improving the health of all West Virginians. ·We kept doctors in West Virginia. ·We pioneered the drug discount card for seniors. ·We won the Patients' Bill of Rights. ·We revamped our trauma system. ·We returned an additional $32 million to public schools through Medicaid. ·We built the first-ever multi-state prescription drug purchasing pool. ·We guaranteed coverage for uninsured women with breast or cervical cancer. In West Virginia, we take care of our children. We've gone to schools, to swimming pools and to neighborhoods to find uninsured children and sign them up for the Children's Health Insurance Program. More than ninety-four percent of our kids are covered. (Applause) We're now the model for other state outreach programs. Because of our success, we now have been awarded nearly nineteen million extra federal dollars this year. (Applause) A diagnosis of cancer is one of the great fears any family faces. I'd like to welcome a cancer survivor who is with us tonight. David Zimmerman is one of thousands of West Virginians who understands what fighting cancer really means. In 2000, David was diagnosed with colon cancer. After two years of treatment, he remains cancer-free. David, please stand to be recognized for all you do with the American Cancer Society and to protect all of us. (Applause) West Virginia is taking a national role in preventing and curing cancer. We're one of two states that are full partners with C-Change, an organization that brings together researchers, providers, patients and national leaders to conquer cancer. Former President Bush co-chairs the group. With us tonight, is nationally renowned cancer specialist Dr. Marty Murphy, editor of The Oncologist, the world's largest cancer periodical. He and I will host a national meeting of C- Change's business roundtable this year where CEOs of some of this nation's largest companies will develop a gold standard for cancer care. (Applause) Helping citizens and businesses obtain health insurance has been a priority of this administration. Small businesses and others are increasingly unable to find affordable coverage. Tens of thousands of hardworking West Virginians are one illness away from bankruptcy. We now lead the nation in covering our children; unfortunately, we are among the last in the nation for insuring adults. Within five years, our goal and commitment must be to reduce the number of working uninsured by fifty percent. Tonight, I am announcing a partnership between providers, private sector, insurers and government for a small business insurance program for those who are uninsured. I am seeking legislation to authorize PEIA to coordinate this partnership. We provide the insurance with no additional cost to the State. (Applause) Put it into effect, and we will make health history in West Virginia. In thirty-one other states, people who cannot obtain health coverage because of a pre-existing medical condition can join a high-risk pool. Tonight, I am submitting a bill to make this happen. (Applause) Tobacco use remains the greatest threat to the health of West Virginians. Last year, we passed the first cigarette tax increase in twenty-five years. This was the most important health measure passed in a generation. We've seen tough action can get results, but more must be done. This year, I ask you to add another one cent per cigarette - just a penny - and also move the smokeless tobacco tax to twenty percent. These modest increases will continue to discourage smoking and raise $30 million vitally needed to fund the Medicaid program and $6.5 million to double our programs to help smokers quit and teach young people never to start. Some say they don't want to pass another cigarette tax this year, but there is another price to pay if we don't take this action. Our Medicaid program must be cut at least ten percent if this increase fails to pass. That means senior citizen programs; that means prescription drugs; that means nursing homes; that means children's care programs; and that means additional costs for other crucial health programs. I ask you - don't let this happen. (Applause) It is finally time. We must lower the legal limit for drunk driving to .08 percent, (Applause, all the members standing in ovation) a standard known to save lives. We cannot afford to lose more lives on our roadways, nor the $10 million in federal highway funds we will lose if this bill is not passed. West Virginia is one of only five states without this law. Act now, and we can still regain the $2.6 million we lost last year. A leader in the fight against drunk driving in West Virginia is with us tonight. Mark Cheeseman and his wife, Barbara, came to this issue through tragedy, the loss of their son, Steven, in 2002. He was killed by a drunk driver. Mark now leads Berkeley County Mothers Against Drunk Driving. They'll be in the Capitol this session, working with other parents to remind us of the importance of this legislation. Mark, I ask you to stand so we can recognize you for taking your anguish and converting it into action. (Applause, the members rising) There is another subject causing anguish. All terrain vehicles are vital tools for rural landowners and can provide an exciting ride through scenic parts of our State. But because of the lack of safety measures, the number of ATV-related fatalities in West Virginia continues to climb. Last year, twenty-seven people were killed, including eight children. At the very least, ATV riders under the age of eighteen must wear a helmet; single seat vehicles must have only one occupant; and all riders under the age of sixteen must take a state approved safety-training course. (Applause) In just the first few days of this year, another child has been killed on an ATV. Pass this bill so you know you have done everything you can to keep our children safe. (Applause) One of the most difficult challenges we have faced in the past three years has been in building West Virginia's economy during a national and international downturn. There's a profound difference between this economic slowdown and the ones we have experienced in the previous decade. Our economy is more diversified; our people are better educated; and our efforts at economic development are working better. The national slowdown has cost West Virginians thousands of jobs, but, make no mistake, we weathered the past three years better than many states. During this time, working with new and existing companies, we created almost 11,000 new jobs. With the assistance of Senator Robert C. Byrd and our congressional delegation, we have helped endangered companies retain 5,500 existing jobs, including many of the state's highest- paying manufacturing jobs in the steel industry. And, while we're talking about steel, let me say directly to my friends in the steel industry - we're not going to stop fighting for your jobs! (Applause) Tonight, I am pleased to announce that the largest job creation package in West Virginia history is now a reality. Just a few hours ago, the economic development grant committee's work was finalized. Here is the document making that happen. More than $235 million in grants will now be released. This money, combined with more than $500 million in private investment, will be flowing into communities all across our State. The forty-seven projects that have been on hold for a year and a half will not have to wait another day. We get started tomorrow. (Applause, the members rising) Working together, we have put more tools in the job creation toolbox. ·We've also secured $100 million in federal venture capital funds; provided West Virginia's first tax increment financing; changed our tax incentives; established the Sunny Day Fund; and offered companies a 100 percent tax credit for innovation. If you've got a book about West Virginia, throw it out. It's obsolete. ·We've also reformed the bankrupt Workers' Compensation system. Injured workers will get their checks, and we're controlling costs to make West Virginia more attractive to businesses. Let me be clear. We now are able to create jobs that could not have been created three years ago. (Applause) The legislation you and I worked on is making a difference. Companies like American Woodmark in Hardy County, PWP Industries in Wood County, Butterfly.net in Berkeley County, Comprosystems in Kanawha County, and Threewide in Monongalia County are investing and creating jobs every day. We're ready to step forward as the recession ends and investment and jobs begin to pick up around the country. But there are several things we need to do. We must continue the progress we've made with the Vision Shared initiatives - a massive undertaking bringing together business, labor and government to find real solutions to our economic problems. There are three Vision Shared proposals this year: an improved research and development tax credit; better access to borrowing for companies with innovative ideas; and elimination of the Civil War-era paperwork requirements on corporations. We've tried it for one hundred forty years - it doesn't work. We must address the problem of West Virginia's Baby Boom Generation. Workers aged fifty to sixty-four face special challenges when they find themselves without a job, without health care and without a pension. We are going to help our older workers get back on their feet. They have mortgages to pay; they have kids to put through college; and they have health care needs. We'll tap the skills of this generation to meet the real needs of West Virginia in the 21st century and provide accelerated retraining to move them into careers where we have shortages, including nursing, technology and aviation. There are thousands of West Virginians between the ages of fifty and sixty-four who suddenly find the security they have been working for is threatened. We are preparing a report to be a blueprint for assisting this important part of our population. I also am presenting a bill to allow public-private partnerships in financing transportation and infrastructure projects that are needed across the State. (Applause) This will allow the greatest flexibility in developing the infrastructure needed to attract jobs and industries. Included in this budget are two measures that will increase state revenues without increasing tax rates. We must collect unpaid taxes, because each dollar we don't collect is a dollar other taxpayers have to make up. I'm proposing a one-time, sixty-day tax amnesty period. If unpaid taxes are submitted during this period, all penalties will be waived and the taxpayer will be charged only half the amount of interest owed. The six to ten million dollars we will collect will be used to pay for repairs to the State Capitol - the people's house - and one of our most treasured tourist attractions. (Applause) We also are going to join several other states that will break from the federal government by continuing to collect the tax on estates that are worth more than $1 million. (Applause) Andrea Ramezan Jackson, a student at the West Virginia University College of Law, made this suggestion, and it's a good one. It will affect only the top one percent of all estates and will keep us from having to put $60 million in additional taxes on working families over the next five years. (Applause) Every West Virginian should have the opportunity to participate in jobs, in education and in community life. For the past several years, our State disabilities liaison, Penney Hall, has been working every day to ensure access for all West Virginians. Penney, thank you for all you are doing. We want to strengthen your efforts. (Applause, the members rising) Tonight, to continue our commitment to the Americans with Disabilities Act, I am proposing legislation to create a permanent position in state government for an ADA Coordinator. We continue our commitment to worker safety and, despite the budget shortfall, we will not cut funding that could help save lives in our coal mines. We will continue efforts to strengthen our state Office of Miners' Health, Safety and Training to investigate accidents and enforce safety regulation. We will not step back in this area. We owe it to the thousands of mineworkers who died in the past century and the far too many who died this past year. The past three years have seen a revolution in education in West Virginia. We're doing more than ever before to give our children a quality education. Last week, Education Week Magazine ranked West Virginia as one of the top performers in the country for accountability and standards for our schools, teacher quality and school safety. Earlier today, I was honored - along with other state leaders - to meet with Melinda Gates of the Bill and Melinda Gates Foundation. She was here to award West Virginia libraries a grant to assist with technology access. In 1997, only half of West Virginia libraries had internet access. Today, all of our libraries give citizens access. (Applause) I look forward to working with Mrs. Gates and the Gates Foundation in the future. We're making other gains too: ·Our students are in school - a real one hundred eighty days. ·Safe Schools Helpline is now staffed twenty-four hours a day. ·This administration has improved teacher salaries despite the ongoing budget crisis. ·We've rewarded our veteran teachers by lifting the cap on increment pay for teachers with more than twenty-nine years of service. I'd like you to meet one of West Virginia's finest teachers. A role model for our students, he is a computer science teacher from John Marshall High School. He believes teaching is the greatest job in the world. He said when you see students teaching other students something you taught them, you realize the ripple effect your lessons will have and the number of people you can reach. On behalf of the entire state and all parents, I want to thank our West Virginia Teacher of the Year for what he is doing every day. Once again, the Toyota Motor Corporation, with the help of David Copenhaver, is presenting a new Toyota Sienna. Both the engine and transmission were made just thirty minutes away in Putnam County by West Virginia workers. (Applause, the members rising) Also tonight, Fred Early of Blue Cross and Blue Shield will present our teacher with a $5,000 check. Ladies and gentlemen, I present West Virginia's Teacher of the Year, David Soltesz, of Beech Bottom, West Virginia. (Applause, the members rising) Teachers like David are the key to West Virginia's future. And we must make it easier for them to do their jobs; we must recognize them for outstanding performance; and we must protect their safety. Therefore, I am asking the Legislature to pass the Teacher Empowerment Act. It will reduce the paperwork required of teachers, guidance counselors and school administrators. And we will create a statewide system of tracking dangerous students so they can't simply enroll in another school after they have been expelled. Teachers who achieve the much-coveted national certification will now receive a bonus of $3,500 - a $1,000 increase. We'll be awarding this bonus to a record number of teachers this year - one hundred fifty-one of them - six times as many as there were in 2000. (Applause) The State of West Virginia has reached out to parents in the past several years by offering a break on sales tax. Last year, these parents saved close to $2 million on back-to-school purchases. Once again, I will ask the Legislature to approve a Sales Tax Holiday for one of the most expensive times of the year. We've doubled the amount of funding to build more 21st century schools; but, as we build new schools, we must preserve rural and small-town schools and sustain the contributions they make to their communities. We also must ensure that every student receives a high-quality education. I am introducing a bill making school construction funds more accessible to small schools and rural districts. (Applause, the members rising) Additional legislation also will set new, lower limits on the time students must travel on buses going to and from school. (Applause) You and I both know that no elementary student should ride a bus more than thirty minutes one-way to school. (Applause) We must continue to invest in higher education. I worked with our college and university presidents in developing this year's budget. With a combination of one-time payments and reallocations, we were able to find the resources to fund ongoing programs. Instead of having a nine percent cut, higher education will only have a 2.5 percent cut. We are going to support the higher education bond issue to create classrooms and other facilities needed for the next generation of students. Our higher education institutions are great reservoirs of talent. They know how to get things done but often are bound by outdated regulations and restrictions. If we expect them to do more with less, and we do, we must cut some of these chains. I have introduced legislation to give colleges and universities the freedom to find their own solutions to problems. Higher education institutions cannot look the same in five years. We'll judge them on their success - not on how well they follow bureaucratic guidelines. (Applause) Our state colleges are changing, too, in their efforts to better serve West Virginia students. The Higher Education Policy Commission has determined that West Virginia State, Concord, Fairmont State and Shepherd qualify to be state universities. As part of my legislative package, I am requesting that you recognize these institutions' achievements by bestowing university status on them. (Applause) In the past three years, our state's universities have vastly expanded their capabilities to do research. Because of their new strength, they have received hundreds of millions of dollars in federal research funding. In biometrics, in cancer research and in energy research, West Virginia is leading the way. In neurosciences, with the help of Senator Jay Rockefeller, we soon will be the world leader in developing new strategies and treatments for memory disorders. But that is not enough. We must create a landmark research program to allow West Virginia to compete for jobs in industries in the future. Our universities need a steady dependable revenue stream of research funds, and it needs to be more than one year. (Applause) We have to show we are serious about research. Tonight, I am urging you to establish such a fund. We will start with an additional $10 million; expand the Research Challenge Grant Program; hire top-quality faculty and researchers; purchase cutting-edge equipment; and create research opportunities for students. We will support research that is directly tied to West Virginia's economic development. At least twenty-five percent of it will be earmarked for energy research. (Applause) I also am proposing legislation to create a Distinguished Graduate Student Fellowship Program to keep more of our outstanding undergraduates in state and attract more graduate students from other states. We have steadily increased our investment in student financial aid for postsecondary education. This budget continues that investment. In 2001, our state awarded $16.5 million in student aid. By next year, that total will climb to $50 million. (Applause) The PROMISE Scholarship has been a major part of this investment, but we also have made substantial increases to the Higher Education Grant Program and the Higher Education Adult Part- time Student Program. Working together, these programs represent a combination of financial aid strategies with one common goal: to increase access to college for West Virginians. Please join me in greeting two PROMISE scholars in the Chamber tonight who represent the 6,300 students in college - thanks to the PROMISE Scholarship and their hard-work, good grades and positive attitudes. Amber Bishop from Fayette County, a student at West Virginia University; and Corey Isner from Jackson County, a student at the University of Charleston. They are making a difference. Please stand to be recognized. (Applause, the members rising) Corey's mother, Bea Isner, is a guidance counselor in Jackson County. She's seen the changes PROMISE has made in her school and in Corey's classmates. More than ninety percent of those who earned a PROMISE Scholarship have accepted it and entered a West Virginia college. For the first time in a long time, the number of students going out of state has declined and our state colleges and universities have record-high enrollments. (Applause) One of the guiding principles of this administration is that energy and economic development are not the enemies of the environment. I have made environmental protection a priority. ·We are adding thousands of acres of recreational land for hunters, fishermen, hikers and bikers to enjoy, including Blackwater Falls State Park, Cheat Canyon, Snake Hill and Nathaniel Mountain Wildlife Management areas. ·We reclaimed almost 10,000 acres of abandoned mine sites. ·We restored nearly 300 miles of acid-damaged streams to support native trout fisheries. ·We worked with the industry and found ways to expedite the permit process for mining without relaxing environmental protections. We must not lower our expectations of the coal industry - we can mine coal cleanly, without harming our water and land. West Virginia's stronger protections should not be lowered to the minimum federal standard. (Applause) We're not done yet. In the past, we have recognized coal, gas and timber as valuable natural resources; now, we also must count West Virginia's clear pure water as equally precious. (Applause) Currently, West Virginia does not have the tools or information to properly manage its water resources. Tonight, I am introducing legislation to establish a water usage program giving us information on our supply of clean water and on the industries that use it. We also must continue to protect the quality of water in our streams and rivers to preserve them for future generations. We must reject any attempt to weaken our water quality rules. (Applause) We can no longer bury our head in the sand on the issue of greenhouse gases. To protect the vitality of West Virginia's energy-based economy, we must continue to take a leadership role on climate change issues. We are taking the first step to understand the effects of greenhouse gases by introducing legislation to require facilities to register their emissions of greenhouse gases. This soon will be required from the federal government. West Virginia needs to be a leader and act now. (Applause) We also are going to reward industries that do more than the law requires to keep our air and water clean. Tourism continues to contribute more each year to jobs and economic development. I propose to strengthen the bond between tourism promotions and economic development promotions. We will continue our successful efforts to attract tourists from across the country and around the world to West Virginia. And we'll do more. I'm seeking authorization to reorganize the Tourism Promotion Fund to target customers who not only will vacation here, but also will do business here. I also will introduce the West Virginia Tourism Development Act expanding the successful tax increment financing program to promote the development of destination resorts and other world-class tourist facilities. And West Virginia has just scored another hole-in-one. With us tonight is Tim Benton of the PGA Tour, who is bringing a national golf tournament to the beautiful Pete Dye Course this year. (Applause) We all have come to understand the increased need for protection in every community whether it's from crime, terrorism or fraud. In the past year, we have increased the number of state troopers by sixteen percent - the largest increase in any single year in the history of the West Virginia State Police. (Applause) Two cadet classes graduated in July and are completing their field probationary period. Another class is in training and scheduled to join the force in April. I have directed another class to begin this month. Retirements, military call-ups and the loss of troopers to higher-paying jurisdictions are putting a strain on all police agencies in West Virginia. Tonight, I am introducing legislation to reduce the retirement age of state troopers from fifty-five to fifty. (Applause) We have some of the best law enforcement officers in the country. We need to keep them here. (Applause) I want to report to you that our Emergency Operations Center was activated seven times, either for disaster or because of a threat to homeland security, and managed $94 million in federal and state recovery funds. We've established six regional response teams and created an emergency supply warehouse stocked with essential supplies and ready for immediate distribution. Working together with this Legislature, we put an end to the illegal video poker business in convenience stores and gas stations. We provided a means to fund hundreds of millions of dollars in infrastructure and new school construction, and we are sending thousands of high school students on to college. (Applause) But in the past year, our roadways and communities have been bombarded by gambling signs. By executive order, I have removed those signs and now, tonight, I am introducing legislation to make it clear that these signs are never going back up. (Applause) The rising costs of home and auto insurance have an impact on all West Virginians. Insurance fraud is a key factor in rising costs. West Virginia is one of only ten states without an insurance fraud bureau. I am asking you to give West Virginia the authority to catch those who cheat the system and pass along the cost to all of us. It's also time to protect our citizens from identity theft and other privacy violations. I will present legislation forbidding state agencies from selling or giving away your home telephone number, your address and, most important, your Social Security Number. (Applause) Our focus, rightly, is on the immediate future. But we have two important measures on our agenda that will have an impact on future years. Local government in West Virginia is organized pretty much the way it was founded in 1863. By executive order, I am establishing today a commission to explore what local government should look like in this century. We shouldn't assume the government that met our needs in the 19th century will meet our needs in the 21st century. We also need to take a bold step on long-term debt. Over the past decades, West Virginia has pushed some of its financial obligations on to future generations by creating substantial unfunded liabilities in three of our pension funds. It's time to stop. Thanks to the Attorney General's work in the national tobacco settlement, our state receives funds each year from the tobacco industry. However, we are seeing a steady decline in the amount coming in each year. We depend on it heavily; yet, it is one court decision away from drying up. I am asking that we take the opportunity to secure this money in a lump sum and place $137 million to more than double the Medical Trust Fund; to use $348 million to wipe out the unfunded liability within the Trooper A Pension Fund; to use $45 million to eliminate the unfunded liability in the Judges Retirement System, and to use $90 million to significantly reduce the unfunded liability in Workers' Compensation. Think of it - in one act, we remove two of our three major unfunded pension liabilities. We double the amount in the Medical Trust Fund, and we make another major contribution to Workers' Compensation. (Applause) Budgets and laws are not just words on paper. They are about people. They are about Mark Cheeseman who lost his son to a drunk driver; they are about Corey Isner, with dreams of pursuing a career in business or law and Amber Bishop who wants to be a doctor; they are about David Zimmerman enjoying life after cancer; and they are about Jessica Lynch, a future kindergarten teacher. I started three years ago a tradition to submit all my legislation on the first night of the session. Tonight, I continue this tradition. All my bills are being transmitted to you by e-mail. We can begin work tomorrow. (Applause) Tonight, to the people of West Virginia, I thank you for allowing me to serve as your governor - it is the highest honor. For the past three years, I have committed myself and my administration to improving the lives of every West Virginian. In the next year, I pledge to work every day to continue to provide affordable health care, protect and increase the number of good- paying jobs, and to provide every child the opportunity to get a quality education. During the past three years, we have taken on many tough issues together. They haven't been easy. But we took them on. Already, our State is better because of it. This year, we can take on more tough issues. Some say, "Take it easy. It's an election year," but neither you nor I want this - and the public demands more action. We've seen what working hard can do - and we like it. Some say, "Let's have business as usual." I say, "The usual business has changed." We act based on the next generation - not the next election. We set a new standard, and we're never going back. This will be a year of action. I ask for your help. I ask God's blessing on this Legislature, on its work and the State of West Virginia. (Applause, the members rising in ovation) At the conclusion of the address, His Excellency, the Governor, accompanied by the Committee of Escort, retired from the Hall of the House of Delegates. The Doorkeeper escorted the invited guests from the Chamber. The members of the Senate retired to their Chamber, and the Speaker declared the Joint Assembly dissolved. The Speaker then called the House of Delegates to order and laid the following communication from His Excellency, the Governor, before the House: Speaker West Virginia House of Delegates Charleston, West Virginia Dear Speaker Kiss: I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2004. Sincerely, Bob Wise, Governor. Whereupon, In compliance with Subdivision (4), Subsection B, Section 51, Article VI of the Constitution, the Speaker introduced the following bill, which was read by its title and referred to the Committee on Finance: By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4000 - "A Bill making appropriations of public money out of the Treasury in accordance with Section 51, Article VI of the Constitution." Accompanying the Budget Bill was a document showing estimates of revenue, expenditures, etc., as required by Section 51, Article VI of the Constitution. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4001 - "A Bill to amend and reenact §18-5-15f of the code of West Virginia, 1931, as amended; to amend and reenact §18-5A-5 of said code; to amend said code by adding thereto a new section, designated §18-5A-7; to amend and reenact §18-29-5 of said code; to amend and reenact §18A-2-3 of said code; to amend and reenact §18A-3-2b of said code; to amend said code by adding thereto a new section, designated §18A-3-11; to amend and reenact §18A-4-2a of said code; to amend said code by adding thereto a new section, designated §18A-4-21; to amend and reenact §18A-5-1 and §18A-5-1a of said code; to amend said code by adding thereto a new article, designated §18A-8-1, §18A-8-2, §18A-8-3 and §18A-8-4, all relating to automation of suspension and expulsion data; selection of mentors for beginning teachers; creation of county faculty senates; addition of classified employees to the education and state employees grievance board; preferences related to substitute teacher assignments; selection of professional support team of the beginning teacher internship program; designation of county coordinators of national board certification; increase to the salary bonus for classroom teachers with national board certification; free admission to athletic events for school personnel; appeals of principals' disciplinary decisions; compilation of student disciplinary history; and creation of the paperwork reduction advisory council"; to the Committee on Education then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4002 - "A Bill to amend and reenact §5A-2-14a of the code of West Virginia, 1931, as amended, relating to appropriation in certain fiscal years of moneys to the bureau of medical services of the department of health and human resources from funds held in reserve for the public employees insurance agency"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4003 - "A Bill to amend and reenact §15-2A-6, §15-2A-9 and §15-2A-10 of the code of West Virginia, 1931, as amended, all relating to the rights of members of the West Virginia state police retirement system; and lowering the normal retirement age"; to the Committee on Pensions and Retirement then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4004 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-22-2a; to amend said code by adding thereto a new section, designated §33-23-2a; to amend said code by adding thereto a new section, designated §33-24-4b; to amend said code by adding thereto a new section, designated §33-25-6a; to amend said code by adding thereto a new section, designated §33-25A-24b; to amend and reenact §33-41-1, §33-41-2 and §33-41-3 of said code; and to amend said code by adding thereto twelve new sections, designated §33-41-4, §33-41-5, §33-41-6, §33-41-7, §33-41-8, §33-41-9, §33-41-10, §33-41-11, §33-41-12, §33-41-13, §33-41-14 and §33-41-15, all relating to insurance fraud; subjecting farmers' mutual insurance companies, fraternal benefit societies, certain hospital, medical, dental and health services corporations, health care corporations, and health maintenance organizations to insurance fraud provisions; defining terms; establishing an insurance fraud unit within agency of insurance commissioner; authorizing promulgation of rules and requiring filing of annual reports; establishing powers and duties of the unit; outlining investigative powers and procedures; providing confidentiality and immunity of fraud unit operations; prohibiting insurance fraud; establishing criminal penalties and fines; authorizing prosecution for fraudulent acts; authorizing special prosecutors; specifying duties of insurers; authorizing funding by assessment of insurers; establishing the West Virginia insurance fraud prevention act; defining legislative intent and terms; creating misdemeanor and felony offenses for the commission of fraudulent acts; and creating penalties, exceptions and immunities"; to the Committee on the Judiciary. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4005 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6A-13, relating to creating a special revenue fund for the operation of the education and state employees grievance board"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4006 - "A Bill to amend and reenact §5A-3-4 of the code of West Virginia, 1931, as amended, relating to vendor registration fees within the division of purchasing for the maintenance and auditing of contracts entered into by the state"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4007 - "A Bill to repeal §5-16A-1, §5-16A-2, §5-16A-3, §5-16A-4, §5-16A-5, §5- 16A-6, §5-16A-7, §5-16A-8, §5-16A-9, §5-16A-10 and §5-16A-11 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-16D-16, relating to small employer group health benefit plans for uninsured groups"; to the Committee on Banking and Insurance then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4008 - "A Bill to amend and reenact §5-10D-1, §5-10D-2 and §5-10-3 of the code of West Virginia, 1931, as amended; to amend and reenact §5-16-3 and §5-16-4 of said code; to amend and reenact §5A-1-2 of said code; to amend said code by adding thereto a new article, designated §5A-10-1, §5A-10-2 and §5A-10-3; and to amend and reenact §29-6-5 and §29-6-6 of said code, all relating to abolishing the insurance and retirement division of the department of administration and creating a new employee and insurance services division within the department of administration; creating the office of commissioner of the division, to be appointed by the governor; providing that the division shall be comprised of the consolidated public retirement board, the public employees insurance agency, the board of risk and insurance management, the children's health insurance agency, the education and state employees grievance board, and the personnel division; providing for the powers, duties and authority of the commissioner of the employee and insurance services division; providing that the commissioner shall have the power and duty to chair certain boards and appoint the directors of the component state agencies within the division, consolidate or reorganize certain internal functions and operations, transfer funds, and supervise internal management"; to the Committee on Government Organization then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4009 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-11, relating to the creation of a position within the department of administration for the implementation and monitoring of a statewide program to assure compliance with 42 U.S.C. §12101, et seq., the federal Americans with Disabilities Act"; to the Committee on Government Organization then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4010 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-18c, relating to transfers of unappropriated net profit between state lottery fund and state excess lottery fund and between state excess lottery fund and state lottery fund"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4011 - "A Bill to amend and reenact §11-21-9 of the code of West Virginia, 1931, as amended, relating to updating the meaning of certain terms used in the West Virginia personal income tax act by bringing them into conformity with their meanings for federal income tax purposes; and updating effective date"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4012 - "A Bill to amend and reenact §11-24-3 of the code of West Virginia, 1931, as amended, relating to updating meaning of federal taxable income and certain other terms used in West Virginia corporation net income tax act by bringing them into conformity with their meanings for federal income tax purposes; and specifying effective date"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4013 - "A Bill to amend and reenact §11-15-9g of the code of West Virginia, 1931, as amended, relating to consumers sales and service tax; and creating exemption for purchases of back-to-school clothing and school supplies by consumers during three-day period in August, two thousand four"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4014 - "A Bill to repeal §11-11-39 of the code of West Virginia, 1931, as amended; and to amend and reenact §11-11-2, §11-11-3, §11-11-8 and §11-11-43 of said code, all relating to preserving West Virginia's estate tax by decoupling from the changes in federal estate tax law as a result of federal Economic Growth and Tax Relief Reconciliation Act of 2001; and specifying effective date"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4015 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-10D-1, §11-10D-2, §11-10D-3, §11-10D-4, §11-10D-5, §11-10D-6, §11-10D-7, §11-10D-8, §11-10D-9, §11-10D-10, §11-10D-11, §11-10D-12 and §11- 10D-13, all relating generally to granting persons who owe but have not paid one or more taxes administered under West Virginia tax procedure and administration act an amnesty period during which past due taxes may be paid or payment agreements acceptable to tax commissioner executed; providing for waiver of additions to tax, money penalties and fifty percent of accrued interest on past due taxes when taxes for which amnesty is granted are paid within one month after tax amnesty period closes or paid pursuant to payment agreements executed during amnesty period; prohibiting criminal prosecution for default for which tax amnesty is granted; providing for a penalty of twenty- five percent when person fails to take advantage of this amnesty program; setting forth legislative findings and declarations; establishing requirements of and exceptions and limitations to tax amnesty program; defining certain terms; authorizing tax commissioner to do all things necessary to implement two-month tax amnesty program during current calendar year, including, but not limited to, issuance of emergency legislative rules; suspending language of code that is inconsistent or conflicts with language creating tax amnesty program; and requiring tax commissioner to report certain information to Legislature and governor after conclusion of tax amnesty program"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4016 - "A Bill to repeal §5A-2-2, §5A-2-3, §5A-2-4, §5A-2-5, §5A-2-6, §5A-2-7, §5A-2-8, §5A-2-9, §5A-2-10, §5A-2-11, §5A-2-12, §5A-2-13, §5A-2-14, §5A-2-14a, §5A-2-15, §5A-2-16, §5A-2-17, §5A-2-18, §5A-2-19, §5A-2-19a, §5A-2-20, §5A-2-21, §5A-2-22, §5A-2-23, §5A-2-24, §5A-2-25, §5A-2-26, §5A-2-27, §5A-2-28, §5A-2-29, §5A-2-30, §5A-2-31 and §5A-2-32 of the code of West Virginia, 1931, as amended; to amend and reenact §5A-1-2, §5A-1-4 and §5A-1- 5 of said code; to amend and reenact §5A-2-1 and §5A-2-24 of said code; to amend said code by adding thereto a new chapter, designated as §11B-1-1, §11B-1-2, §11B-1-3, §11B-1-4, §11B-1-5, §11B-1-6 and §11B-1-7; §11B-2-1, §11B-2-2, §11B-2-3, §11B-2-4, §11B-2-5, §11B-2-6, §11B-2-7, §11B-2-8, §11B-2-9, §11B-2-10, §11B-2-11, §11B-2-12, §11B-2-13, §11B-2-14, §11B-2-15, §11B- 2-16, §11B-2-17, §11B-2-18, §11B-2-19, §11B-2-20, §11B-2-21, §11B-2-22, §11B-2-23, §11B-2- 24, §11B-2-25, §11B-2-26, §11B-2-27, §11B-2-28, §11B-2-29, §11B-2-30, §11B-2-31, §11B-2-32 and §11B-2-33, all relating generally to department of tax and revenue and office of secretary of tax and revenue and their powers, duties and responsibilities; changing the name of department of tax and revenue to department of revenue; changing name of office of secretary of tax and revenue to office of secretary of revenue; transferring budget section of finance division of department of administration to department of revenue and making secretary of revenue state budget director; increasing membership of council of finance and administration by making secretary of revenue an ex officio member; providing rules to effectuate transfer of budget section and transition; moving language pertaining to work of budget section and preparation of budget to new chapter of the code; continuing misdemeanor penalties for noncompliance by secretaries and spending officers with requirements to provide certain budget and budget related information; identifying agencies, boards, commissions, division and offices comprising department of revenue; specifying powers and duties of secretary; requiring periodic reports; authorizing delegations of authority; providing rules for safeguarding confidential information; providing right of appeal from interference with functioning of an agency; and making other technical or conforming changes to implement or effectuate these various changes"; to the Committee on Government Organization then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4017 - "A Bill to amend and reenact º29-22B-702 of the code of West Virginia, 1931, as amended, relating to prohibition against retailer licensees using gambling names and symbols in advertising, signage and directions to retail establishments offering limited video lottery games"; to the Committee on the Judiciary. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4018 - "A Bill to amend and reenact §18-9A-4 of the code of West Virginia, 1931, as amended, relating to public school support; and amending the foundation allowance for professional educators to allow an exemption to the cap on professional educators for counties with small population density"; to the Committee on Education then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4019 - "A Bill to amend and reenact §17A-2A-7 and §17A-2A-11 of the code of West Virginia, 1931, as amended, all relating to prohibiting the division of motor vehicles' sale of personal information for bulk distribution of surveys, marketing and solicitations"; to the Committee on Roads and Transportation then the Judiciary. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4020 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-8-22, relating to nondisclosure of personal information maintained by the state of West Virginia"; to the Committee on the Judiciary. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4021 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-8-21, relating to nondisclosure of personal information of state employees and officers, and their dependants"; to the Committee on the Judiciary. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4022 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-24-1, §17C-24-2, §17C-24-3, §17C-24-4, §17C-24-5, §17C- 24-6 and §17C-24-7, all relating to establishing the 'All-Terrain Vehicle Safety Regulation Act' and the reasons therefore; providing definitions; requiring wearing of helmets on all-terrain vehicles by persons under the age of eighteen; prohibiting passengers by a person under the age of eighteen; prohibiting the use of all-terrain vehicles by a person under eighteen without a valid operator's license or completion of an all-terrain vehicle training course; prohibiting operation of all-terrain vehicles while under the influence of drugs or alcohol; requiring accident reports; requiring an annual report of accidents and injuries to the governor and the Legislature; and providing criminal penalties"; to the Committee on Government Organization. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4023 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-46, relating to establishing bus transportation schedules"; to the Committee on Education then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4024 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6, §17- 27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11, §17-27-12, §17-27-13, §17-27-14, §17-27-15, §17- 27-16, §17-27-17, §17-27-18, §17-27-19, §17-27-20 and §17-27-21, all relating to establishment of the public-private transportation facilities act of two thousand four; setting forth legislative findings and purposes; defining terms; providing prerequisites for development of a transportation facility; setting forth additional powers and duties of the West Virginia public port authority; providing for the submission of proposals and approval by the authority; providing for service contracts; providing for the dedication of public property; setting forth the powers and duties of a developer; requiring a comprehensive agreement; providing for federal, state and local assistance; addressing material default and remedies; prohibiting governmental entities from pledging full faith and credit; providing for the exercise of condemnation; addressing utility crossings and relocations; addressing dedication of assets; providing for an exemption from purchasing rules; qualifying transportation facilities as public improvements; providing for an exemption of qualifying transportation facilities from taxation; setting forth a termination date; and addressing construction and severability"; to the Committee on the Judiciary then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4025 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-14-12; and to amend said code by adding thereto a new article, designated §18C-9-1, §18C-9-2, §18C-9-3, §18C-9-4, §18C-9-5, §18C-9-6, §18C-9-7, §18C-9-8 and §18C-9-9, all relating to the creation of a distinguished graduate student fellowship program at West Virginia University and Marshall University; establish an endowment trust fund; receive public and private funding; invest or reinvest funds; administered by the board of governors of the universities; funds shall be used as stipends for graduate student fellows; creation of standards and review by the higher education policy commission; creation and submission of an annual report to the governor; criteria to be considered when evaluating an applicant; permission to solicit private funding; and creation of a statewide task force on graduate studies"; to the Committee on Education then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4026 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §20A-1-1, §20A-1-2, §20A-1-3, §20A-1-4, §20A-1-5, §20A-1-6, and §20A-1-7; and to amend said code by adding thereto a new section, designated §29-2-5a, all relating to establishing the water resources management act; providing a short title; creating legislative findings and legislative policies of the act; providing that a survey of state waters be undertaken; defining terms; providing that the state reserves a sovereign interest in the waters of the state as a valuable public resource; declaring the state should manage state waters for the use and benefit of its citizens; directing that a water use survey be conducted; defining types of activities to be surveyed; establishing that the purpose of survey is to inventory state waters and assess need for a state plan; providing for preservation of common law rights and water as a natural resource; authorizing the state director of office of economic and geologic survey to undertake study; requiring the director to coordinate study with state agencies and a legislative oversight commission; requiring persons making large withdrawals to participate; creating exceptions; establishing reporting requirements; requiring the director to use reasonable alternatives for estimating usage; requiring the director to report to the Legislature; specifying contents of the report; requiring persons participating in survey to submit accurate information; requiring the director to consult with state agencies that have or collect water use data to determine the appropriate form and format of the data submitted pursuant to the survey; authorizing the director to coordinate with the United States geological survey; establishing confidentiality of submitted information; providing criteria for requesting and receiving confidentiality designation; providing for types of records, reports or information eligible for being designated confidential; exempting certain information from being deemed confidential; providing methods for preserving and maintaining confidential status; establishing a process for requesting documents including notice and hearings; establishing a legislative oversight committee to monitor, study and report development; requiring certain persons to participate in survey; providing civil penalties for noncompliance; providing for survey compliance mechanisms; requiring certain agencies to promulgate legislative rule; and providing that the director of geological and economic survey use existing authority to undertake survey"; to the Committee on the Judiciary. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4027 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25-5, §22-25-6, §22- 25-7, §22-25-8, §22-25-9, §22-25-10, §22-25-11, §22-25-12 and §22-25-13, all relating to establishing a voluntary environmental excellence program; creating certain incentives for businesses that exceed the requirements of certain state and federal environmental laws and regulations and increase the quantity and quality of public participation; establishing legislative findings and purpose; defining certain terms; directing the secretary of the department of environmental protection to develop and implement the environmental excellence program; authorizing the secretary of the department of environmental protection to propose certain legislative rules regarding the environmental excellence program; establishing eligibility and application requirements for participation; authorizing the department of environmental protection to enter into environmental performance agreements with qualified entities and timely review applications; providing for certain program elements; providing for appeal of certain adverse application decisions; providing for the withdrawal, enforcement and termination of participation under certain circumstances; providing for certain incentives to be established for participating in the program; providing certain guidelines for the content of environmental performance agreements; establishing the environmental excellence administrative fund; allowing for gifts and donations to be received by the fund; providing for public participation in the environmental excellence program; providing for a performance review of the program; and providing for expiration of the program in two thousand nine"; to the Committee on the Judiciary then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4028 - "A Bill to amend the code of West Virginia,1931, as amended, by adding thereto a new article, designated §5B-2E-1, §5B-2E-2, §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-6, §5B-2E-7, §5B-2E-8, §5B-2E-9 and §5B-2E-10; and to amend said code by adding thereto a new section, designated §11-15-34, all relating to the West Virginia tourism development act; establishing a tourism development project tax credit; specifying short titles; specifying legislative findings and purpose; defining terms; specifying additional powers and duties of the development office; specifying activity that qualifies for the credit; requiring filing of application for tax credit as condition precedent to claiming tax credit; specifying procedures for evaluation and approval of project; providing for hiring of consultants; specifying criteria for evaluating projects; specifying determination of amount of allowable tax credits; specifying application of tax credits against sales tax collected; providing for forfeiture of unused tax credits; and specifying information required to be annually submitted to the state development office"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4029 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-19, relating to establishing a program to report emissions of greenhouse gases; creating a voluntary registry for the reporting of voluntary reductions of greenhouse gas emissions if the reductions are made before they are required by law; establishing a banking and trading program for greenhouse gas emission reductions; providing public recognition of voluntary reduction or avoidance of greenhouse gases; and providing consideration of such reductions under future mandatory federal or state greenhouse gas emission reduction programs"; to the Committee on the Judiciary. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4030 - "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 and §33-47-11, all relating to creating a West Virginia insurance plan; defining terms; creating a body corporate and politic to be known as the West Virginia health insurance plan; providing for its supervision and control by a board of directors to be appointed by the governor; providing the board of directors administrative requirements; requiring a plan of operation to be approved by the insurance commissioner; requiring the plan to be operated so as to qualify as an acceptable alternative mechanism under the federal Health Insurance Portability and Accountability Act and as an option to provide health insurance coverage for individuals eligible for the federal Health Care Tax Credit; describing procedural requirements for the plan; describing powers of the plan; requiring the board to annually report to the governor summarizing preceding year activities; shielding the board and its employees from any liability resulting from obligations of the plan; authorizing the board of directors to promulgate rules to implement the act; defining eligibility for persons seeking coverage from the plan and when such coverage shall cease; making it an unfair trade practice to arrange for an employee to apply for coverage with the plan for the purpose of separating that employee from group health insurance coverage provided in connection with the employee's employment; providing for the selection of a plan administrator; providing for funding for the plan; defining the benefits to be offered; providing that participation in the plan by an insurer is not the basis of any legal action against the participating insurer; providing that the plan is exempt from taxes and providing an effective date"; to the Committee on Government Organization then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4031 - "A Bill to amend and reenact §51-1-10a of the code of West Virginia, 1931, as amended; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating to judges and justices generally; salary of justices; salary of judges of circuit courts; and salary of family court judges"; to the Committee on the Judiciary then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4032 - "A Bill to amend and reenact §17B-4-3 of the code of West Virginia, 1931, as amended; to amend and reenact §17C-5-2, §17C-5-6a and §17C-5-8 of said code; to amend and reenact §17C-5A-1, §17C-5A-1a, §17C-5A-2 and §17C-5A-3a of said code; to amend and reenact §20-7-18 and §20-7-18b of said code; and to amend and reenact §33-6A-1 of said code, all relating to driving under the influence of alcohol, controlled substances or drugs and reducing the allowable blood alcohol content for driving under the influence from ten hundredths to eight hundredths of one percent of body weight"; to the Committee on the Judiciary. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4033 - "A Bill to amend and reenact §17-16A-11 of the code of West Virginia, 1931, as amended, relating to authorizing the issuance of new parkway revenue bonds; establish a ceiling on the aggregate outstanding principal amount of such parkway revenue bonds issued under such section from time to time outstanding, which shall not exceed one hundred eighty-three million dollars from time to time"; to the Committee on Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4034 - "A Bill to repeal §18B-10-3, §18B-10-4a, and §18B-10-10 of the code of West Virginia, 1931, as amended; and to amend and reenact §18B-10-1, §18B-10-2, §18B-10-4, §18B-10-4b, §18B-10-5, §18B-10-6, §18B-10-7a, §18B-10-8, §18B-10-9, §18B-10-11, §18B-10-12, §18B-10-13, §18B-10-14 and §18B-10-15 of said code, all relating to tuition and fee simplification for higher education"; to the Committee on Education then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4035 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-11; to amend and reenact §18B-1-2 of said code, to amend and reenact §18B-4-5 of said code; to amend and reenact §18B-5-4 and §18B-5-9 of said code; to amend said code by adding thereto two new sections, designated §18B-5-10 and §18B-5-11; to amend and reenact §18B-7-1 of said code; to amend and reenact §18B-9-2 and §18B-9-4 of said code; to amend said code by adding thereto a new section, designated §18B-10-1b; and to amend and reenact §18B-14-11 of said code, all relating to increased flexibility in management, finance, purchasing and personnel practices for higher education and creating a research challenge fund for research and development initiatives at institutions of higher education"; to the Committee on Education then Finance. By Mr. Speaker, Mr. Kiss, and Delegate Trump [By Request of the Executive]: H. B. 4036 - "A Bill to amend and reenact §4-11A-1, §4-11A-2 and §4-11A-3 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto sixteen new sections, designated §4-11A-6, §4-11A-7, §4-11A-8, §4-11A-9, §4-11A-10, §4-11A-11, §4-11A-12, §4-11A- 13, §4-11A-14, §4-11A-15, §4-11A-16, §4-1A-17, §4-11A-18, §4-11A-19, §4-11A-20, §4-11A-21 and §4-11A-22, all relating to legislative appropriation of tobacco settlement funds; setting forth legislative findings and purposes; receipt of settlement funds and required deposit in West Virginia tobacco settlement medical trust fund; receipt of settlement funds and required deposit in the West Virginia tobacco settlement fund; creation of tobacco settlement finance authority and providing for general powers; establishing governing board of authority; defining staff of the authority; limitation of liability; providing certain definitions; authorizing sale of rights in a master settlement agreement; authorization of bonds of the authority; providing for the use of proceeds of bonds of the authority; creating a workers' compensation commission settlement account; providing an exemption from state purchasing provisions; providing for the delivery of an annual report by the authority to the governor; providing bankruptcy provisions; establishing the dissolution of the authority; severability of sections; and construction of article"; to the Committee on Finance. The Speaker then announced the reintroduction and references to the various standing committees of the following bills from the First Regular Session of the 76th Legislature: House Bills 2002, 2004, 2005, 2006, 2007, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2034, 2035, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2053, 2055, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2072, 2073, 2074, 2078, 2081, 2085, 2087, 2088, 2091, 2095, 2096, 2097, 2098, 2099, 2100, 2103, 2104, 2105, 2107, 2108, 2109, 2112, 2113, 2127, 2128, 2129, 2131, 2132, 2134, 2136, 2140, 2141, 2143, 2144, 2145, 2146, 2150, 2151, 2152, 2153, 2156, 2158, 2159, 2160, 2161, 2162, 2164, 2165, 2166, 2167, 2168, 2169, 2170, 2171, 2172, 2173, 2176, 2177, 2179, 2181, 2183, 2184, 2185, 2189, 2191, 2192, 2199, 2200, 2201, 2202, 2204, 2205, 2206, 2207, 2209, 2210, 2211, 2212, 2213, 2214, 2215, 2217, 2218, 2219, 2220, 2222, 2225, 2226, 2227, 2228, 2229, 2232, 2233, 2234, 2237, 2238, 2241, 2242, 2243, 2244, 2245, 2247, 2248, 2249, 2250, 2251, 2252, 2253, 2254, 2255, 2256, 2258, 2259, 2261, 2262, 2263, 2265, 2266, 2268, 2270, 2271, 2272, 2274, 2276, 2277, 2278, 2279, 2280, 2282, 2283, 2284, 2286, 2287, 2288, 2290, 2291, 2292, 2293, 2294, 2295, 2298, 2299, 2302, 2303, 2304, 2305, 2306, 2310, 2311, 2312, 2314, 2315, 2316, 2318, 2319, 2320, 2321, 2322, 2323, 2324, 2327, 2328, 2329, 2330, 2331, 2332, 2334, 2335, 2336, 2337, 2338, 2339, 2340, 2341, 2342, 2343, 2344, 2345, 2346, 2347, 2348, 2349, 2350, 2351, 2352, 2353, 2361, 2364, 2365, 2366, 2367, 2369, 2371, 2372, 2373, 2374, 2375, 2376, 2377, 2379, 2380, 2383, 2384, 2385, 2387, 2388, 2391, 2392, 2394, 2395, 2396, 2398, 2399, 2400, 2402, 2404, 2407, 2408, 2409, 2410, 2411, 2412, 2413, 2415, 2416, 2417, 2418, 2419, 2420, 2421, 2422, 2423, 2424, 2426, 2427, 2428, 2429, 2430, 2431, 2432, 2434, 2435, 2437, 2439, 2440, 2442, 2444, 2445, 2446, 2447, 2448, 2450, 2451, 2452, 2454, 2457, 2458, 2459, 2460, 2462, 2465, 2466, 2470, 2471, 2472, 2473, 2474, 2475, 2478, 2479, 2481, 2483, 2484, 2485, 2487, 2488, 2489, 2492, 2494, 2495, 2496, 2497, 2498, 2499, 2502, 2503, 2505, 2507, 2509, 2510, 2513, 2515, 2516, 2517, 2518, 2519, 2520, 2526, 2527, 2535, 2536, 2537, 2538, 2539, 2540, 2541, 2542, 2544, 2545, 2549, 2558, 2672, 2674, 2676, 2684, 2685, 2686, 2688, 2690, 2691, 2692, 2693, 2695, 2697, 2698, 2703, 2706, 2709, 2710, 2711, 2712, 2713, 2716, 2717, 2719, 2720, 2722, 2723, 2725, 2728, 2730, 2731, 2732, 2734, 2735, 2736, 2737, 2739, 2740, 2741, 2742, 2745, 2747, 2754, 2755, 2756, 2757, 2758, 2759, 2761, 2762, 2765, 2767, 2770, 2773, 2777, 2780, 2792, 2795, 2801, 2809, 2813, 2817, 2819, 2820, 2823, 2824, 2825, 2826, 2832, 2833, 2837, 2838, 2839, 2842, 2849, 2850, 2854, 2856, 2857, 2858, 2860, 2861, 2863, 2872, 2876, 2877, 2883, 2884, 2885, 2886, 2887, 2897, 2899, 2900, 2901, 2904, 2905, 2906, 2907, 2908, 2909, 2912, 2913, 2914, 2922, 2923, 2924, 2926, 2927, 2928, 2930, 2931, 2933, 2936, 2937, 2940, 2941, 2942, 2943, 2944, 2949, 2950, 2952, 2955, 2956, 2962, 2963, 2964, 2966, 2967, 2968, 2970, 2973, 2980, 2981, 2982, 2985, 2986, 2991, 2992, 2993, 2995, 2996, 2998, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3021, 3022, 3023, 3024, 3025, 3026, 3028, 3029, 3030, 3032, 3034, 3036, 3038, 3040, 3041, 3042, 3049, 3052, 3054, 3055, 3061, 3063, 3064, 6065, 3066, 3067, 3069, 3072, 3074, 3076, 3080, 3081,3082, 3083, 3085, 3086, 3088, 3090, 3096, 3097, 3098, 3099, 3100, 3101, 3103, 3105, 3106, 3107, 3111, 3118, 3121, 3122, 3123, 3124, 3125, 3126, 3127, 3128, 3130, 3131, 3132, 3133, 3134, 3135, 3136, 3137, 3138, 3140, 3142, 3144, 3146, 3148, 3149, 3150, 3152, 3153, 3154, 3156, 3157, 3160, 3161, 3162, 3163, 3164, 3167, 3168, 3170, 3171, 3172, 3174, 3176, 3177, 3178, 3179, 3180, 3181, 3186, 3187, 3189, 3190, 3197 and 3201. Spencer (Chair), Butcher (Vice Chair), Varner and Overington. Mahan (Chair), R. Thompson (Vice Chair), Cann, Kominar, Armstead and Faircloth. Kiss (Chair), Staton and Trump. At 8:37 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Thursday, January 15, 2004. |