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Thursday, January 15, 2004



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

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

The Clerk proceeded to read the Journal of Wednesday, January 14, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports

On motion for leave, a resolution was introduced (Originating in the Committee on Rules and reported with the recommendation that it be adopted), which was read by its title as follows:

By Mr. Speaker, Mr. Kiss, and Delegates Staton and Trump:

H. R. 1- "Authorizing the appointment of employees for this, the second regular session of the Seventy-Sixth Legislature, two thousand four."
Resolved by the House of Delegates:

That the Speaker of the House of Delegates be, and he is hereby, authorized to appoint employees to perform technical, clerical, stenographic, custodial and other services for this session of the Legislature to receive the per diems and salaries as herein provided, as follows:

(1) For per diem employees, the following rates:

One Attorney to the Speaker and Majority Leader and the Committee on Pensions and Retirement at two hundred fifty-four dollars per diem;

One Receptionist to the Speaker and Stenographer to the Speaker Pro Tempore at one hundred ten dollars per diem;

One Leadership Assistant to the Speaker and Majority Leader at sixty-two dollars per diem;

One Receptionist/Stenographer to the Majority Leader at fifty dollars per diem;

One Attorney to the Minority Leader at two hundred forty-two dollars per diem;

One Attorney to the Minority Leader at one hundred eighty-five dollars per diem;

One Messenger to the Minority Leader at fifty dollars per diem;

Two Stenographers to the Minority Leader at fifty-one dollars each per diem;

One Stenographer to the Minority Leader at fifty-six dollars per diem;

One Stenographer to the Minority Leader at fifty dollars per diem;

One Executive Assistant to the Committee on the Judiciary at one hundred fifty-eight dollars per diem;

One Administrative Assistant to the Committee on the Judiciary at one hundred fourteen dollars per diem;

Two Proofreader/Messengers to the Committee on the Judiciary at fifty-one dollars each per diem;

One Proofreader/Messenger to the Committee on the Judiciary at fifty dollars per diem;

One Attorney to the Committee on the Judiciary at one hundred seventy-five dollars per diem;

One Attorney to the Committee on the Judiciary at one hundred seventy-one dollars per diem;

One Attorney to the Committee on the Judiciary at three hundred dollars per diem;

One Committee Assistant to the Committee on Finance at sixty-two dollars per diem;

One Paralegal/Committee Clerk to the Committee on Finance at seventy-two dollars per diem;

One Analyst/Assistant Committee Clerk to the Committee on Finance at sixty dollars per diem;

One Stenographer to the Committee on Finance at fifty-eight dollars per diem;

One Attorney to Finance at two hundred forty-three dollars per diem;

One Legislative Assistant to the Committee on Education at one hundred seventeen dollars per diem;

One Committee Clerk to the Committee on Education at one hundred four dollars per diem;

One Legislative Analyst to the Committee on Education at one hundred seventeen dollars per diem;

One Committee Clerk to the Committee on Government Organization at fifty-eight dollars per diem;

One Attorney to the Committee on Government Organization at one hundred sixty-five dollars per diem;

One Analyst/Assistant Committee Clerk to the Committee on Agriculture and Natural Resources at fifty-eight dollars per diem;

One Assistant Committee Clerk to the Committee on Agriculture and Natural Resources at fifty-four dollars per diem;

One Attorney to the Committee on Banking and Insurance at one hundred seventy-five dollars per diem;

One Attorney to the Committee on Health and Human Resources and the Committee on Political Subdivisions at two hundred twenty dollars per diem;

One Committee Clerk to the Committee on Political Subdivisions at fifty-seven dollars per diem;

One Assistant Committee Clerk to the Committee on Political Subdivisions at fifty dollars per diem;

One Assistant to the Committee on Roads and Transportation at fifty-seven dollars per diem;

One Committee Clerk to the Committee on Roads and Transportation at fifty-three dollars per diem;

One Stenographer to the Stenographer's Pool at eighty-two dollars per diem;

One Stenographer to the Stenographer's Pool at fifty-four dollars per diem;

Two Stenographers to the Stenographer's Pool at fifty-one dollars each per diem;

Six Stenographers to the Stenographer's Pool at fifty dollars each per diem;

One Supervisor to the Journal Room at ninety-one dollars per diem;

Five Clerks to the Journal Room at fifty-one dollars each per diem;

One Clerk to the Journal Room at forty-nine dollars per diem;

One Doorkeeper at one hundred forty-seven dollars per diem;

One Assistant Doorkeeper at sixty-three dollars per diem;

Two Assistant Doorkeepers at fifty-six dollars each per diem;

Two Assistant Doorkeepers at fifty-one dollars each per diem;

One Assistant Doorkeeper at fifty dollars per diem;

One Sergeant-At-Arms at one hundred fifty-two dollars per diem;

One Assistant Sergeant-At-Arms at sixty-three dollars per diem;

One Assistant Sergeant-At-Arms at fifty-five dollars per diem;

One Assistant Sergeant-At-Arms at fifty-four dollars per diem;

One Stenographer to the Doorkeeper and Sergeant-At-Arms at fifty-four dollars per diem;

One East Wing Supervisor at eighty-five dollars per diem;

One East Wing Messenger at fifty-one dollars per diem;

One East Wing Messenger at forty-nine dollars per diem;

One East Wing Messenger at forty-eight dollars per diem;

One Administrative Assistant to the Clerk at one hundred three dollars per diem;

Two Maintenance Staff at fifty dollars each per diem;

One Maintenance Staff at forty-nine dollars per diem.

(2) For salaried full-time employees, the following employees at the following rates, in addition to and exclusive of any experience increment or pay in lieu of an experience increment as may be payable under Section 2, Article 5, Chapter 5 of the Code of West Virginia of 1931, as amended:

One Chief Clerk/Parliamentarian at six thousand seven hundred eighty dollars and eighty- four cents per month;

One Assistant Clerk at three thousand nine hundred eighty-six dollars and sixty-six cents per month;

One Document Clerk at three thousand three hundred sixty-six dollars and sixty-six cents per month;

One Document Clerk at two thousand six hundred seventy-five dollars per month;

One Document Clerk at three thousand three hundred twenty-five dollars per month;

One Document Clerk at two thousand three hundred thirty-three dollars and thirty-four cents per month;

One Document Clerk at two thousand dollars per month;

One Technical Assistant at three thousand two hundred ninety-three dollars and thirty-four cents per month;

One Technical Assistant at four thousand one hundred eight dollars per month;

One Administrative Assistant to the Clerk at two thousand four hundred twenty-six dollars and sixty-six cents per month;

One Fiscal Officer at four thousand three hundred seventy-six dollars and sixty-six cents per month;

One Assistant Fiscal Officer at two thousand seven hundred seventy-three dollars and thirty- four cents per month;

One Purchasing Agent at two thousand eight hundred fifty-five dollars and sixty-six cents per month;

One Office Assistant/Mail Clerk at two thousand seven hundred ninety-nine dollars and thirty-four cents per month;

One Office Assistant at two thousand three hundred ninety-two dollars per month;

One Messenger at one thousand two hundred twenty-two dollars per month;

Two Maintenance Staff at two thousand four hundred twenty-six dollars and sixty-six cents each per month;

Two Maintenance Staff at one thousand nine hundred ninety-three dollars and thirty-four cents each per month;

One Maintenance Staff at one thousand five hundred eighty-one dollars and sixty-six cents per month;

One Chief Counsel to the minor committees and Supervisor of per diem attorneys at five thousand one hundred sixty-six dollars and sixty-six cents per month;

One Attorney to Leadership at four thousand one hundred eight dollars and thirty-four cents per month;

One Administrative Assistant to the Speaker at four thousand one hundred forty-seven dollars per month;

One Executive Assistant to the Speaker at two thousand two hundred fifty-three dollars and thirty-four cents per month;

One Communications Director to the House at four thousand nine hundred forty dollars per month;

One Executive Assistant to the Minority Leader at four thousand four hundred eighty dollars and sixty-six cents per month;

One Research Analyst to the Minority Leader at three thousand six hundred twenty-seven dollars per month;

One Chief Counsel to the Committee on Education at five thousand eight hundred thirty-three dollars and thirty-four cents per month;

One Legislative Assistant to the Committee on Education at two thousand seven hundred eighteen dollars and thirty-four cents per month;

One Policy Analyst to the Committee on Education at five thousand six hundred sixteen dollars and sixty-six cents per month;

One Policy Analyst to the Committee on Finance at four thousand two hundred ninety dollars per month;

One Budget Analyst to the Committee on Finance at four thousand three hundred thirty-three dollars and thirty-four cents per month;

One Budget Analyst to the Committee on Finance at two thousand six hundred dollars per month;

One Administrative Assistant to the Committee on Finance at three thousand one hundred eighty-five dollars per month;

One Legislative Assistant to the Committee on Finance at two thousand two hundred ninety- six dollars and sixty-six cents per month;

One Chief Counsel to the Committee on Finance at six thousand six hundred thirty dollars per month;

One Staff Counsel to the Committee on Finance at six thousand one hundred twenty-seven dollars and thirty-four cents per month;

One Chief Counsel to the Committee on the Judiciary at six thousand three hundred thirty- three dollars and thirty-four cents per month;

One Staff Council to the Committee on the Judiciary at two thousand nine hundred sixty-six dollars and sixty-six cents per month;

One Research Analyst to the Committee on Government Organization at two thousand nine hundred fifty-eight dollars and thirty-four cents per month;

One Administrative Assistant to the Committee on Government Organization at two thousand eighty-three dollars and thirty-four cents per month;

One Legislative Analyst to the Committee on Government Organization at two thousand four hundred fifty dollars per month;

One Chief Counsel to the Committee on Government Organization at five thousand nine hundred fifty dollars per month;

One Research Analyst to the minor committees at two thousand eight hundred four dollars and fifty-eight cents per month;

One Research Analyst to the minor committees at three thousand one hundred sixty-two dollars per month;

One Office Assistant to the minor committees at two thousand four hundred twenty-two dollars and fifty cents per month;

One Office Assistant to the minor committees at two thousand three hundred fifty-eight dollars and fifty cents per month;

One Office Assistant to the minor committees at two thousand six hundred seventy-seven dollars and fifty cents per month.

The Speaker is authorized to appoint or assign additional or present employees and to determine the rate of compensation therefor as he may deem necessary to expedite the work of the House of Delegates; and, be it

Further Resolved, That, in accordance with Chapter 4, Article 2A of the code, the Clerk of the House is hereby authorized to draw his requisitions upon the Auditor for travel expenses and compensation of members of the House of Delegates; and, be it

Further Resolved, That all appointments made under authority of the foregoing provisions of this resolution shall be certified to the Auditor and Treasurer by the Clerk of the House, and the Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor in favor of the persons so appointed and the Auditor shall honor and pay such requisitions when presented and charge same to the "per diem of officers and employees" fund or "contingent" fund of the House of Delegates. The Clerk shall draw his requisitions in favor of employees for consecutive days or months from the date of their employment at the per diem or salary herein set out until such time as their services shall cease. The Speaker may remove any employee and appoint another in his or her place, and he shall require each of said employees to perform such duties as shall be assigned him or her, and he is hereby given authority to dispense with the services of any employee or employees for any such time or number of days as their services shall not be needed during the session, and they shall not be paid for such time, nor shall other persons be appointed into their places for any such time as they may be suspended when not needed; and, be it

Further Resolved, That the Speaker is hereby authorized to assign employees to such positions and duties as he may deem proper to secure the most efficient and expeditious work during the Session of the Legislature; and, be it

Further Resolved, That no person appointed under authority of this resolution and receiving pay hereunder shall concurrently receive compensation from any other department or agency of state government and no person who availed himself or herself of early retirement under the provisions of Senate Bill 10, first extraordinary session, 1988, may be appointed under the provisions of this resolution. Notwithstanding designation of positions or duties herein prescribed, any employee may be assigned additional duties by the person by whom appointed, and may be assigned to such positions and duties, as may be deemed proper to serve the most efficient and expeditious work; and, be it

Further Resolved, That any and all provisions of House Rule 9 in conflict with this resolution are hereby suspended for this session of the Legislature.


Messages from the Executive


Communications from His Excellency, the Governor, were received during the last interim period, setting forth executive appointments to various boards and committees, all in accordance with law, which communications were filed with the Clerk of the House.

Mr. Speaker, Mr. Kiss, presented the 2002 annual report of the West Virginia Court System, in accordance with the provisions of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the Debt Position annual report of the West Virginia State Treasurer's Office, in accordance with section twenty-three, article one, chapter four of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the annual report of the Workers' Compensation Office of Judges, in accordance with chapter twenty-three of the provisions of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the 2000-2001, 2001-2002 and 2002-2003 annual reports of the Ron Yost Personal Assistance Services Program, in accordance with section seven, article ten- l, chapter eighteen of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the 2001-2003 annual reports of the West Virginia State Board of Examiners for Licensed Practical Nurses, in accordance with section seven, article twenty- four, chapter thirty of the code; which was filed in the Clerk's Office.


Petitions


The Clerk presented a communication and an accompanying document from the County Commission of Hampshire County, containing at least ten percent of the registered voters of Hampshire County and in accordance with Article IX, Section 13 of the Constitution of the State, requesting the Legislature to enact an act providing for submission to the voters of said county the question of reforming, altering and modifying the county government of Hampshire County, all as specifically mandated by and in accordance with the Constitution; which was referred to the Committee on Political Subdivisions.


Bills Introduced


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

By Delegate Williams:

H. B. 4037 - "A Bill to amend and reenact §18-9A-21 of the code of West Virginia, 1931, as amended; and to amend and reenact §49-5-17 of said code, all relating to providing for safe schools through alternative education programs and providing certain juvenile justice records to public school officials"; to the Committee on Education then Finance.

By Mr. Speaker, Mr. Kiss:

H. B. 4038
- "A Bill to amend and reenact §4-2-5 of the code of West Virginia, 1931, as amended, relating to requiring the head of an agency, department or board to submit a statement of compliance to the legislative auditor within six months of a fiscal or performance audit by the office of the legislative auditor to certify that the agency, department or board is making a reasonable, good faith effort to implement the recommendations set forth in the legislative audit; and failure to comply constitutes malfeasance of office"; to the Committee on Government Organization.

By Delegate Mezzatesta:

H. B. 4039 - "A Bill to amend and reenact §18A-3-2a of the code of West Virginia, 1931, as amended, relating to the posting of positions for the employment of persons other than professional educators as coaches"; to the Committee on Education.

By Delegate Mezzatesta:

H. B. 4040 - "A Bill to amend and reenact §18A-4-7a of the code of West Virginia, 1931, as amended, relating to criteria for making decisions affecting the filling of vacancies if one or more permanently employed instructional personnel apply for a classroom teaching position"; to the Committee on Education.

By Delegate Mezzatesta:

H. B. 4041 - "A Bill to amend and reenact §50-1-14 of the code of West Virginia, 1931, as amended, relating to permitting civil process servers to carry weapons"; to the Committee on the Judiciary.

By Delegate Mezzatesta:

H. B. 4042 - "A Bill to amend and reenact §18A-2-3 of the code of West Virginia, 1931, as amended, relating to the employment of retired teachers in areas of critical need and shortage; defining area of critical need and shortage; adding condition for county board policy to restrict such employment; and reactivating subsection with new expiration on the thirtieth day of June, two thousand six"; to the Committee on Education then Finance.

By Delegate Mezzatesta:

H. B. 4043 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-3f, relating to establishing the priority for early childhood education in the basic skills of reading, mathematics and English language arts; making certain findings; stating intent and purpose; and requiring state board rule"; to the Committee on Education then Finance.

By Delegate Mezzatesta:

H. B. 4044 - "A Bill to amend and reenact §18-2E-5 of the code of West Virginia, 1931, as amended; to amend and reenact §18-3-1 of said code; and to amend and reenact §18B-1B-5 of said code, relating to establishing the maximum salary amounts of certain education officials"; to the Committee on Education then Finance.

By Delegates Mezzatesta and Williams:

H. B. 4045 - "A Bill to amend and reenact §18-4-2 of the code of West Virginia, 1931, relating to requiring submission of evidence to state superintendent that county superintendent has given required bond and good security"; to the Committee on Education.

By Delegates R. Thompson and Perdue:

H. B. 4046 - "A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to authorizing the issuance of Native American license plates"; to the Committee on Roads and Transportation then Finance.
At 11:21 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00 a.m., Friday, January 16, 2004.