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Monday, January 19, 2004



The House of Delegates met at 12:45 p.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 Friday, January 16, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.

At the request of Delegate Staton, and by unanimous consent, the House then proceeded to the Seventh Order of Business for the purpose of introducing a resolution.


Resolutions Introduced

Mr. Speaker, Mr. Kiss, Delegate Ennis and all other Members of the House then offered a resolution, which was read by the Clerk, as follows:
H. R. 2 - "Recognizing the heroic service of America's veterans and designating Monday, January 19, 2004, as 'Veterans Visibility Day' at the House of Delegates."

Whereas, From the Revolutionary War to recent struggles, America's men and women have continued to rise beyond the call of duty in order to both preserve the freedom of the United States and to help maintain sovereignty throughout the world; and

Whereas, Of the 25 million veterans currently alive, nearly three of every four veterans have served during a war or an official period of hostility - about a quarter of the nation's population; and

Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state in the union; and

Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives with thousands more brave West Virginians being wounded in battle; and

Whereas, This legislative body is proud to honor and pay homage to those West Virginian veterans who have served, and those who are currently serving, in harm's way to protect American democracy from the threat of terror; and

Whereas, This legislative body wishes to convey its gratitude and recognition to those brave West Virginians who have faced the opposition, been wounded and even given their lives in the name of freedom; and

Whereas, All veterans deserve our thanks and praise for their selfless sacrifices, service and dedication. The significance of what these men and women of the armed forces have provided to the citizens of this Nation should never be understated; and

Whereas, This legislative body is proud to espouse the goal set for us by President John F. Kennedy who said, "Our goal is not the victory of might, but the vindication of right; not peace at the expense of freedom, but both peace and freedom, here in this hemisphere, and around the world. God willing that goal will be achieved"; therefore, be it

Resolved by the House of Delegates:

That the House of Delegates hereby recognizes the heroic service of Americas veterans and designates Monday, January 19, 2004, as "Veterans Visibility Day" at the House of Delegates; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Division of Veterans Affairs.

At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration.

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

The yeas and nays having been ordered, they were taken (Roll No. 2), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent And Not Voting: Cann, Coleman, Leach, Shelton and Wakim.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 2) adopted.


Committee Reports


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. 3190, Relating to the titling and ownership of property for area vocational education programs,

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

Com. Sub. for H. B. 3190 - "A Bill to amend and reenact §18-2B-5 of the code of West Virginia, 1931, as amended, relating to the titling of property for area vocational education programs,"

With the recommendation that the committee substitute do pass.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 3190) will be placed on the Consent Calendar.


Messages from the Executive


Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Architects, 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 Board of Chiropractic, in accordance with section five, article sixteen, chapter thirty of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the Consumer Affairs annual report of the West Virginia Division of Banking, in accordance with section one hundred two, article seven, chapter forty-six-a of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the State Auditors Consolidated Budget Report of the Coal Severance Fund, Gas & Oil Severance Tax and General Funds for the County and Municipal Governments, in accordance with section six, article thirteen-a, chapter eleven of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the West Virginia Board of Dental Examiners annual report of the biennium for the fiscal years 2002 and 2003, in accordance with article four, chapter thirty of the code; which was filed in the Clerk's Office.


Messages from the Senate


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

S. B. 166 - "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."

At the request of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 166) to a committee was dispensed with.


Resolutions Introduced


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. 5 - "Urging the United States Department of Veterans Affairs to rename the Huntington VA Hospital the Dr. Robert L. Bradley VA Medical Center."

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 United States Department of Veterans Affairs is urged to rename the Huntington VA Hospital the Dr. Robert L. Bradley VA Medical Center; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the United States Department of Veterans Affairs, the West Virginia delegation in Congress and to 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. 4057 - "A Bill to repeal §11-12C-1, §11-12C-2, §11-12C-3, §11-12C-4, §11-12C-5, §11-12C-6, §11-12C-7, §11-12C-8, §11-12C-9, §11-12C-10, §11-12C-11 and §11-12C-12 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §31D-5-501a; to amend and reenact §31D-14-1420 of said code; to amend and reenact §31D-15-1530 of said code; to amend said code by adding thereto a new section, designated §31E-5- 501a; to amend and reenact §31E-13-1320 of said code; to amend and reenact §31E-14-1430 of said code; to amend said code by adding thereto a new section, designated §47-9-8a; to amend and reenact §47-9A-4 of said code; and to amend and reenact §59-1-2 of said code, all relating to repealing the corporate license fee; the filing of an annual report by domestic and foreign corporations; annual registration fee; administrative dissolution; revocation for failure to do so; filing of an annual report by domestic and foreign nonprofit corporations; annual registration fee; administrative dissolution or revocation for failure to do so; filing of an annual report by domestic and foreign limited partnerships; annual registration fee; application of the requirement of the filing of an annual report together; annual registration fee for corporations to voluntary associations and business trusts; preservation of the attorney-in-fact fee; preserving the dedication of half of the attorney-in-fact fee to the special revenue account used for the operation of the office of the secretary of state"; to the Committee on Finance.

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

[By Request of the Executive]:

H. B. 4058 - "A Bill to amend and reenact §11-13R-6, §11-13R-11 and §11-13R-12 of the code of West Virginia, 1931, as amended, all relating to the strategic research and development tax credit and the sale of unused excess strategic research and development credits by taxpayers eligible to claim said credit"; to the Committee on Finance.

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

[By Request of the Executive]:

H. B. 4059 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-3b; and to further amend said code by adding thereto a new section, designated §18B-1B-10; and to amend and reenact §29-22A-10 of said code, all relating generally to distribution of net terminal income of racetrack video lottery terminals; reducing distributions to the tourism development fund; providing for portion of saved net lottery terminal income distribution to be deposited in the development office promotion fund and in the higher education policy commission's research challenge fund; creating such funds as special revenue funds; providing for uses and expenditures of such funds and deleting obsolete language"; to the Committee on Finance.

By Delegate Doyle:

H. B. 4060 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-24-35a, relating to requiring planning commission approval of construction of a new water utility or a new sewage utility before the construction may be authorized by the public service commission; and providing definitions"; to the Commission on Political Subdivisions then the Judiciary.
By Delegates Ennis, Beach, Shaver, Stemple, Swartzmiller, R. M. Thompson and Azinger:


H. B. 4061 - "A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to authorizing the issuance of special motor vehicle license plates for members of the 82nd Airborne Division Association"; to the Committee on Roads and Transportation then Finance.

By Delegates Foster, Perdue and Brown:

H. B. 4062 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-12a, relating to regulation of pharmaceutical detailers; authorizing the board of pharmacy to license detailers; providing qualifications; renewal of licenses; continuing education; and misdemeanor penalty for violation"; to the Committee on Health and Human Resources then Government Organization.

By Delegates Martin, Louisos, Hrutkay, Poling and Renner:

H. B. 4063 - "A Bill to amend and reenact §7-1-3i of the code of West Virginia, 1931, as amended; and to amend and reenact §8-6-5 of said code, all relating to limiting annexation authority of municipalities"; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Mezzatesta, Stalnaker, Beach, Crosier, Tabb, Williams and Michael:

H. B. 4064 - "A Bill to amend and reenact §18-4-1 of the code of West Virginia, 1931, as amended, relating to requiring posting of position of county superintendent prior to appointment; excepting reappointment and interim appointment"; to the Committee on Education.

By Delegate Staton:

H. B. 4065 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-20-6a, relating to reciprocal licensure of physical therapists from other states or countries"; to the Committee on Government Organization then the Judiciary.

By Delegate Staton:

H. B. 4066 - "A Bill to amend and reenact §11-1C-7 of the code of West Virginia, 1931, as amended; to amend and reenact §11A-3-26 of said code; to amend and reenact §50-3-1 and §50-3-2 of said code; to amend and reenact §59-1-10 and §59-1-11 of said code; to amend and reenact §59-1-28a of said code; to amend and reenact §59-2-17 of said code; and to amend and reenact §61-7-4 of said code, all relating to increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting attorney and magistrate court fees; and dedicating portions of those fee increases to the courthouse facilities improvement fund, to a special revenue account administered by the executive director of public defender services to provide funding for private attorneys appointed to provide representation pursuant to the provisions of article twenty-one, chapter twenty-nine of this code and to the special revenue account to provide funding for legal services to domestic violence victims"; to the Committee on the Judiciary then Finance.

By Delegates Stemple, Beach, Coleman, Swartzmiller, Williams, Yeager and Anderson:

H. B. 4067 - "A Bill to amend and reenact §19-2C-1, §19-2C-2, §19-2C-3, §19-2C-4, §19- 2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-6c, §19-2C-7, §19-2C-8, §19-2C-8a and §19-2C-9 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §19-2C-5b, §19-2C-6d and §19-2C-9a, all relating to auctioneers; adding and amending definitions; clarifying application and renewal procedures; establishing and modifying fees; bonding requirements for apprentice license; licensing requirements; requiring photo identification for examination; requiring notice of change of address; limiting number of apprentices auctioneer may sponsor; clarifying licensing by reciprocity; requiring continuing education; modifying criminal and civil penalties; requiring escrow account; establishing settlement procedures; and making technical corrections"; to the Committee on Agriculture and Natural Resources then Government Organization.

By Delegates Stemple, Beach, Coleman, Swartzmiller, Williams, Yeager and Anderson:

H. B. 4068 - "A Bill to amend and reenact §20-2-5 of the code of West Virginia, 1931, as amended, relating to allowing hunting of coyotes by use of amber colored artificial light with certain restrictions"; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Swartzmiller, Ennis and Boggs:

H. B. 4069 - "A Bill to amend and reenact §33-17A-4 and §33-17A-5 of the code of West Virginia, 1931, as amended, all relating to declination or termination of property insurance policies and permissible cancellations; changing from four years to two years the time a policy has been in effect and requiring renewal except for specific reasons for permissible cancellation; and deleting ceasing business in this state as a reason for permissible cancellation"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Swartzmiller, Stemple and Ennis:

H. B. 4070 - "A Bill to amend and reenact §17C-6-7 of the code of West Virginia, 1931, as amended, relating to authorizing the measuring of speed by laser devices and declaring that evidence of speed so measured is prima facie evidence"; to the Committee on the Judiciary.

By Delegates Swartzmiller, Stemple, Ennis and Boggs:

H. B. 4071 - "A Bill to amend and reenact §7-14D-7 of the code of West Virginia, 1931, as amended, relating to employer's contributions to the deputy sheriff retirement fund; and increasing the contribution from nine and one-half to ten and one-half percent"; to the Committee on Pensions and Retirement then Finance.

By Delegates Swartzmiller, Stemple, Shaver, Renner, Long, Perry and Tabb:

H. B. 4072 - "A Bill to amend and reenact §18-2E-7 of the code of West Virginia, 1931, as amended, relating to education technology strategic plan; rewriting this section; making certain findings; stating intent and purpose; requiring state board establish education technology strategic plan to address findings consistent with intent and purpose; providing minimum areas to be addressed in plan; providing for expenditure of appropriations consistent with plan; and eliminating categorical requirements specific to basic skills and remediation"; to the Committee on Education then Finance.

By Delegates R. M. Thompson and Houston:

H. B. 4073 - "A Bill to amend and reenact §18-7A-36 of the code of West Virginia, 1931, as amended, relating to providing the option for teachers who withdrew from the state teachers retirement system in favor of the defined contribution retirement system, to exercise the option to return to the state teachers retirement system"; to the Committee on Pensions and Retirement then Finance.

By Delegate Warner:

H. B. 4074 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-7-7, relating to authorizing employees of the public service commission designated as motor carrier inspectors to enforce the provisions of chapter seventeen-c of the code; training; and authorizing those inspectors to use radar to measure and indicate or record the speed of motor vehicles for use as prima facie evidence"; to the Committee on Roads and Transportation then the Judiciary.

By Delegate Warner:

H. B. 4075 - "A Bill to amend and reenact §7-14D-5 and §7-14D-7 of the code of West Virginia, 1931, as amended, all relating to the deputy sheriffs retirement plan; allowing certain law- enforcement employees of the division of protective services to become members of the deputy sheriffs retirement system; setting forth contribution dates; transfer between retirement systems; repurchase of withdrawn time; and specifying effective date"; to the Committee on Pensions and Retirement then Finance.


Consent Calendar

First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2088, Prohibiting the manufacture, distribution or possession of certain controlled or counterfeit substances near a park or housing project,

H. B. 4040, 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,

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


House Calendar

First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

Com. Sub. for H. B. 2268, Teachers and substitute teachers as professional educators and addressing the critical need and shortage thereof,
Com. Sub. for H. B. 3052, Retitling the "Clerk of the Circuit Court" as the "Clerk of the Circuit and Family Court",

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


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Coleman, Leach, Shelton and Wakim.


Miscellaneous Business

Delegate Perdue asked and obtained unanimous consent that the remarks of Delegates Amores and Webster regarding Martin Luther King, Jr., be printed in the Appendix to the Journal.

At 1:29 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 4:00 p.m., Tuesday, January 20, 2004.