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Friday, January 16, 2004



The House of Delegates met at 10:00 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 Thursday, January 15, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


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

Your Committee on Education has had under consideration:

H. B. 2268, Teachers and substitute teachers as professional educators and addressing the critical need and shortage thereof,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 2268 - "A Bill to amend and reenact §18A-2-3 of the code of West Virginia, 1931, as amended; and to amend and reenact §18C-4-2 of said code, all relating to the employment of retired teachers in areas of critical need and shortage; defining area of critical need and shortage; adding conditions for county board policy to restrict such employment; providing for future expiration of provisions; and providing priority in selection for Underwood-Smith scholarships for areas of critical need and shortage,"

With the recommendation that the committee substitute do pass.
Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4040, Relating to decisions affecting the filling of vacancies if one or more permanently employed instructional personnel apply for a classroom teaching position,

And,

H. B. 4045, Requiring submission of evidence to state superintendent that county superintendent has given required bond and good security,

And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4040 and H. B. 4045) will be placed on the Consent Calendar.

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

Your Committee on Education has had under consideration:

H. B. 4039, Relating to the posting of positions for the employment of persons other than professional educators as coaches,

And reports the same back with the recommendation that it do pass.

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:
H. B. 3052, Retitling the "Clerk of the Circuit Court" as the "Clerk of the Circuit and Family Court",

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 3052 - "A Bill to amend and reenact §51-1-17 of the code of West Virginia, 1931, as amended; to amend and reenact §51-2-1 of said code; to amend and reenact §51- 2A-2, §51-2A-8, §51-2A-10, §51-2A-11, §51-2A-12 and §51-2A-13 of said code; to amend and reenact §51-3-14 of said code; to amend and reenact §51-4-1 and §51-4-11 of said code; to amend and reenact §51-6-12 of said code; and to amend and reenact §51-8-8 and §51-8-9 of said code, all relating to including family courts into certain jurisdictional references of the clerk of the circuit court by changing the official title of the clerk of the circuit court to clerk of the courts,"

With the recommendation that the committee substitute do pass.

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:
H. B. 2088, Prohibiting the manufacture, distribution or possession of certain controlled or counterfeit substances near a park or housing project,

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

Com. Sub. for H. B. 2088 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-412, relating to prohibiting the manufacture, distribution, dispensation or possession of a controlled substance, marijuana or counterfeit substance within one thousand feet of a park or housing project; providing criminal penalties for distribution, dispensation or possession of certain substances or conspiring to commit such act; providing that a map of a park or housing area produced by any municipal agency and certified as a true copy by the custodian shall be prima facie evidence of the boundaries of the park or housing project; authorizing municipal and county regulations requiring the posting of signs designating the areas within one thousand feet of parks and housing projects; and providing affirmative defenses to a violation of this section,"

With the recommendation that the committee substitute do pass.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2088) will be placed on the Consent Calendar.


Messages from the Executive


Mr. Speaker, Mr. Kiss, presented the 2001-2003 annual reports of the West Virginia Radiologic Technology Board of Examiners, in accordance with section twelve, article one, chapter thirty of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Municipal Bond Commission, in accordance with section fifteen, article three, chapter thirteen of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the annual report of the Department of Tax and Revenue, Classified Assessed Valuation, Taxes Levied, in accordance with section five, article one-c, chapter eleven of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the Debt Capacity 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 Department of Health and Human Resources on the Licensing of Nursing Homes in West Virginia, in accordance with section three, article five-c, chapter sixteen and section four, article five-e, chapter sixteen of the code; which was filed in the Clerk's Office.


Messages from the Senate


A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 4 - "Requesting the Secretary of the Department of Administration maintain a permanent display of the history of the construction of the capitol building in the first floor rotunda as a monument to the capitol building and its complex."

Whereas, There are numerous documents, design plans, blueprints, photographs, models and other items in the archives of the state capitol which are representative of, and a chronology and living history of, the various stages of construction and growth of the state capitol building and its expanded complex; and

Whereas, A permanent display of these items and artifacts will serve as a monument to the capitol building and give recognition to those people who participated in the planning and construction of this magnificent edifice; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Secretary of the Department of Administration to maintain a permanent display of the history of the construction of the capitol building in the first floor rotunda as a monument to the capitol building and its complex; and, be it

Further Resolved, That the Legislature hereby requests the Secretary of the Department of Administration to consult with the Commissioner of the Division of Culture and History on the permanent display; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Administration and the Commissioner of the Division of Culture and History.


Resolutions Introduced


Delegates Frederick, Yeager, Kominar, Cann, Long, Caruth and Staton offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 2 - "Requesting that East River Mountain Tunnel be renamed the 'H. Edward Steele Memorial Tunnel'."

Whereas, H. Edward "Eddie" Steele was born in the small Tazewell County Community of Steelesburg, Va. on August 24, 1906, and during his junior year in high school in 1923, he became a county correspondent for the Bluefield Daily Telegraph. Mr. Steele served as a reporter/editor of several regional, national and international newspapers including the Williamson Daily News where he covered the West Virginia Mine Wars from 1925-1928. In 1931, he returned to Bluefield as city/county editor of the Bluefield Daily Telegraph. Mr. Steele worked six years with the newspaper before accepting a position as manager of the Greater Bluefield Chamber of Commerce. In that position, he created the City of Bluefield?s slogan, "Nature?s Air-conditioned City," and developed the publicity stunt of serving free lemonade on days that the temperature exceeds 90 degrees Fahrenheit; and

Whereas, In 1938, Mr. Steele became secretary of the Great Lakes to Florida Highway Association. While serving as secretary of the Great Lakes to Florida Highway Association, Mr. Steele was instrumental in coordinating the activities of a diverse group of good roads advocates from the Carolinas into the State of Ohio and the association was successful in gaining federal support for the routing of Interstate 77 that extends from Cleveland, Ohio to Columbia, South Carolina. Initial plans for that I-77 called for an eastern turn near the city of Princeton, West Virginia that would have taken it around East River Mountain closer to a route that would have bypassed Bluefield, West Virginia and surrounding coalfield communities. Mr. Steele and members of the Association thought that the present day routing of the highway would ultimately open southern West Virginia and southwestern Virginia to all the benefits normally associated with the arrival of a modern interstate highway; and

Whereas, Mr. Steele and the Great Lakes to Florida Highway Association - through great time, effort and personal expense - convinced federal, Virginia and West Virginia highway officials that the present routing of I-77 through East River Mountain Tunnel and Big Walker Mountain Tunnel would bring the greatest benefit to the people of Virginia and West Virginia. Mr. Steele worked to support regional highway initiatives until his death on June 27, 2003 and his work and efforts on this project should not go unnoticed; therefore, be it

Resolved by the Legislature of West Virginia:

That the West Virginia Division of Highways is hereby requested to rename the East River Mountain Tunnel, the "H. Edward Steele Memorial Tunnel"; and, be it

Further Resolved, That the Clerk forward a copy of this Concurrent Resolution to the Commissioner of the West Virginia Division of Highways and the family of H. Edward Steele.

Delegates R. Thompson and Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 3 - "Requesting the West Virginia Division of Highways to name that portion of highway beginning on State Route 75 at mile post 0.00 and extending to milepost 0.73, and including that portion of U.S. Route 52 extending from mile post 4.68 and terminating at mile post 16.59, the 'Big Green Memorial Highway'."

Whereas, On November 14, 1970, seventy-five passengers, including the Marshall University football team, coaches, faculty, fans and flight crew perished in a tragic plane crash while returning to Tri-State Airport after a football game against East Carolina University; and

Whereas, The tragic plane crash occurred in an area near that section of aforementioned highways and the City of Kenova in Wayne County; and

Whereas, The City Council of Kenova conceived the idea of naming the "Big Green Memorial Highway" in honor of the plane crash victims, and the Big Green Scholarship Foundation affiliated with Marshall University wholeheartedly endorsed the proposal; and

Whereas, The memory of the seventy-five persons who perished in the November 14, 1970, plane crash still lives in the hearts and minds of their family and friends and the entire Marshall University community, and thus it is only fitting that these highways so near the site of the tragic crash be memorialized in their name; therefore, be it

Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to name that portion of highway beginning on State Route 75 at mile post 0.00 and extending to milepost 0.73, and including that portion of U.S. Route 52 extending from mile post 4.68 and terminating at mile post 16.59, the "Big Green Memorial Highway"; and, be it

Further Resolved, That the Division of Highways cause appropriate signs to be placed so designating the "Big Green Memorial Highway," and that two historical plaques recounting the tragic plane crash be placed on the northbound and southbound lanes of the "Big Green Highway" in the vicinity of the flight path of the plane; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, the City of Kenova and the Big Green Scholarship Foundation.

Delegates R. Thompson and Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 4 - "Requesting the West Virginia Division of Highways to establish a 'Robert L. Bradley, M.D., Ph.D., Brigadier General Memorial Highway'."

Whereas, Dr. Robert L. Bradley served as Chief of Surgery at the VA Hospital in Huntington, West Virginia, for almost 25 years. During this time he performed over 20,000 major surgical procedures. Veterans from many states would travel to Huntington to have Dr. Bradley take care of them. He cared deeply about medicine and the quality of care afforded to veterans and their families; and

Whereas, Dr. Robert L. Bradley, a native West Virginian, graduated from West Virginia University in 1939 and Northwestern University School of Medicine in 1942. He enlisted in the U.S. Army in 1942 as a Battalion Surgeon and served 30 months in the Southwestern Pacific arena in the jungles of New Guinea and on Luzon. He became one of the first general surgeons to be board certified in the State of West Virginia in 1951. In 1970, he transferred to the Veterans Hospital in Lexington, Kentucky as Chief of Surgery, a division of the University of Kentucky School of Medicine. He received his Ph.D. in Anatomy from the University of Kentucky. In 1975, he joined Marshall University's School of Medicine as a professor of anatomy and surgery. Dr. Bradley was responsible for laying the groundwork for the establishment of Marshall's medical school during the 1960's. He was Chairman of the Department of Surgery at Marshall University School of Medicine until his retirement in 1986. He retired from medicine 48 years after entering medical school at the age of 18. He has been described as "a great American of many words and wisdom whose passion, loyalty and laughter will always be present"; and

Whereas, Dr. Bradley continued his career with the military following World War II. He was a graduate of the Command and General Staff College and the Army War College. He retired from the military with the rank of Brigadier General after 37 years of service. Over his professional career in medicine and in the military, he was the author of numerous scientific articles and papers, and is quoted in several standard medical texts. He was a Diplomat of the American Board of Surgery, a member of the American Medical Association and several other professional organizations. Dr. Robert L. Bradley passed away on January 22, 2002, and is buried in New Martinsville, West Virginia. His life centered around medicine, the military and the State of West Virginia; and

Whereas, The life, dedication and accomplishments of Dr. Robert L. Bradley, a true mountaineer and great American, his contributions to his country, state, community and family should be recognized; therefore, be it

Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to establish and name the following portion of I-64 roadway the "Robert L. Bradley, M.D., Ph.D., Brigadier General Memorial Highway":

Beginning at a point on Wayne CR 3/2 being Mile Post 0.00 to Mile Post 1.25, thence on CR 3/1 from Mile Post 0.09 to Mile Post 0.00, thence CR 3 from Mile Post 2.72 to Mile Post 3.68, thence crossing the Wheeler Bridge to CR 5 Mile Post 1.15 to Mile Post 0.00, thence CR 7 from Mile Post 17.84 to Mile Post 16.70, thence CR 6 from Mile Post 0.00, thence CR 7 from Mile Post 17.84 to Mile Post 16.70, thence CR 6 from Mile Post 0.00 to Mile Post 1.26, thence CR 6/1 from Mile Post 0.00 to Mile Post 1.54 at the Wayne County, Cabell County Line, thence following a proposed new road known as "Spring Valley Connector, State Project X250-7/47-.0000" joining with I-64 at Mile Post 6.74; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and the family of Dr. Bradley.


Bills Introduced


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

By Mr. Speaker, Mr. Kiss, and Delegate Trump

[By Request of the Executive]:

H. B. 4047 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13U-1, §11-13U-2, §11-13U-3, §11-13U-4, §11-13U-5, §11- 13U-6, §11-13U-7, §11-13U-8 and §11-13U-9, all relating to the high-growth business investment tax credit"; to the Committee on Finance.

By Delegate Beane:

H. B. 4048 - "A Bill to amend and reenact §31-16-2 of the code of West Virginia, 1931, as amended, relating to updating references about members of the steel advisory commission in the code from the university system board of trustees and state college system board of directors to their successor agency, the higher education policy commission"; to the Committee on Government Organization then Finance.

By Delegate Beane:

H. B. 4049 - "A Bill to amend §5-14-4 of the code of West Virginia, 1931, as amended, relating to correcting the statutory inconsistency of appointments to the commission for the deaf and hard-of-hearing vis a vis the terms and number of appointees"; to the Committee on Government Organization.

By Delegate Beane:

H. B. 4050 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5D-1-5c, relating to transferring remaining bonding functions of public energy authority to state treasurer"; to the Committee on Government Organization.

By Delegate Beane:

H. B. 4051 - "A Bill to amend and reenact §15-2-7 of the code of West Virginia, 1931, as amended, relating to requiring the superintendent of the state police to report annually to the Legislature about the effectiveness of its efforts in recruiting minorities"; to the Committee on Government Organization.

By Delegates Beane, Ferrell, Mezzatesta, G. White and H. White:

H. B. 4052 - "A Bill to amend and reenact §31C-4-1 of the code of West Virginia, 1931, as amended, relating to adding certain stated geographical areas as one of the several groups to which members must belong"; to the Committee on Banking and Insurance then the Judiciary.

By Delegate Mezzatesta:

H. B. 4053 - "A Bill to amend and reenact §18-2-3 of the code of West Virginia, 1931, as amended, relating to the compensation of members of the West Virginia board of education"; to the Committee on Education then Finance.

By Delegates Renner, Houston and Warner:

H. B. 4054 - "A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to authorizing the motor vehicle administration to issue special registration plates to law-enforcement officers who have been wounded in the line of duty"; to the Committee on Roads and Transportation then Finance.

By Delegate Staton:

H. B. 4055 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-8A-1, §49-8A-2, §49-8A-3 and §49-8A-4, relating to the supervision and return of juvenile offenders, juvenile runaways and other juveniles; and authorizing and directing the governor to execute a compact for the supervision and return of juvenile offenders, juvenile runaways and other juveniles"; to the Committee on the Judiciary.
By Delegates Stemple, Campbell, Varner, Swartzmiller, Michael, Williams and Mezzatesta:


H. B. 4056 - "A Bill to amend and reenact §59-1-14 of the code of West Virginia, 1931, as amended, relating to increasing service of process fees charged by the sheriff; and providing that two dollars of the fees charged and collected by the sheriff for service of process be placed in the deputy sheriff retirement fund and that three dollars of the increased fees be placed in the general revenue account of the county commission"; to the Committee on Finance.


House Calendar

Unfinished Business

H. R. 1, Authorizing the appointment of employees for this, the second regular session of the Seventy-Sixth Legislature, two thousand four; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

At 10:20 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 12:45 p.m., Monday, January 19, 2004.