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Wednesday, January 28, 2004



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

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

The Clerk proceeded to read the Journal of Tuesday, January 27, 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 bill was introduced (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Beane, Ennis, Butcher, Hatfield, Perdue, Yeager and Schoen:

H. B. 4157 - "A Bill to amend and reenact §18B-16-6b of the code of West Virginia, 1931, as amended, relating to continuation of the rural health advisory panel."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4157) will be placed on the Consent Calendar.

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

Your Committee on the Judiciary has had under consideration:
H. B. 4119, Allowing a phase-in of the transfer of hotel taxing authority when a municipality annexes a hotel to allow the retirement of any debt incurred by the county or to otherwise phase in the transfer of taxing authority to the municipality,

And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (H. B. 4119) to the Committee on Finance was abrogated.

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. 4101, Creating an affirmative defense for certain civil and criminal actions arising from the sale of certain alcoholic drinks and nonintoxicating beer by licensed private clubs to persons under the age of twenty-one whose age is verified by use of a transaction scan devise,

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

Com. Sub. for H. B. 4101 - "A Bill to amend and reenact §60-7-12 of the code of West Virginia, 1931, as amended, relating to the creation of an affirmative defense for certain civil and criminal actions arising from the sale of alcoholic liquors, wine and nonintoxicating beer by licensed private clubs to persons less than the age of twenty-one whose age is verified by use of scanner technology,"
And,

H. B. 4104, Creating the felony crime of scanning device or reencoder fraud,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4104 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-56, relating to creating the felony crime of scanning device or reencoder fraud; providing definitions; and establishing criminal penalties,"
With the recommendation that the committee substitutes 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 (Com. Sub. for H. B. 4101 and Com. Sub. for H. B. 4104) will be placed on the Consent Calendar.


Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the annual report of the Commission on Special Investigations, in accordance with section two, article five, chapter four 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. 100 - "A Bill to amend and reenact §5A-3-10a of the code of West Virginia, 1931, as amended, relating to prohibiting the state and its political subdivisions from contracting with vendors owing a debt to the state or its political subdivisions"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 224 - "A Bill to amend and reenact §49-6E-5 of the code of West Virginia, 1931, as amended, relating to correcting an erroneous reference to an article concerning adoption of an abandoned child"; which was referred to the Committee on the Judiciary.
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. 268 - "A Bill to amend and reenact §17A-2-24 of the code of West Virginia, 1931, as amended, relating to continuation of the division of motor vehicles"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 269 - "A Bill to amend and reenact §5A-3-57 of the code of West Virginia, 1931, as amended, relating to continuation of the division of purchasing within the department of administration"; which was referred to the Committee on Government Organization.


Resolutions Introduced

Delegate Louisos offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 11 - "Requesting the Joint Committee on Government and Finance to study the causes of the devastating flooding in southern West Virginia."
Whereas, West Virginia families in the southern part of the state have been ravaged by repeated flooding; and
Whereas, Some West Virginia residents have lost their lives due to the flooding and a great number of others have lost their homes and possessions; and
Whereas, The nearly constant rebuilding of southern West Virginia communities after flooding has a large impact on the West Virginia economy; and
Whereas, The causes of this continuing problem should be analyzed to determine if it is primarily a natural phenomenon resulting from excessive rain, or whether industrial activities such as clear cutting, surface mining and land development are significantly contributing to the flooding problem; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to study the causes of the devastating flooding in southern West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Mr. Speaker, Mr. Kiss, and Delegates R. M. Thompson, Mahan and Susman offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 12 - "Requesting the West Virginia Division of Highways to name the newly constructed concrete bridge on County Road 13 in Saxon, Raleigh County, West Virginia, the 'PFC John Michael Davis Memorial Bridge'."
Whereas, John Michael Davis was born on August 21, 1950, and was raised in Saxon, West Virginia, with his two brothers, Buford and Edward. He graduated from Trap Hill High School in the summer of 1968; and
Whereas, John Davis chose to serve his country and attempted to enlist in the United States Army after he graduated from high school, but he was not heavy enough to meet the weight requirement. His desire to support and protect his country was so great that on the way home from the enlistment office, he bought ten pounds of bananas and ate all of them that evening. The next day, he went back to attempt to enlist again and this time, he made the weight requirement; and
Whereas, All three of the Davis brothers served their country during the Vietnam era, two of the brothers in the Army and one in the United States Marine Corps; and
Whereas, John Michael Davis became a Private First Class in the United States Army and was sent into battle in Vietnam in June of 1969. On August 9, 1969, he received massive injuries during a combat operation. On August 16, 1969, five days before he would have turned nineteen, PFC John Michael Davis died from these wounds; and
Whereas, On November 3, 1969, John Michael Davis received the Purple Heart. He distinguished himself with "outstanding meritorious service" and was also awarded the Bronze Star Medal as "his initiative, zeal, sound judgment and devotion to duty" had been "in the highest tradition of the United States Army" and reflected "great credit to himself, his unit and the military service"; and
Whereas, PFC Davis' courage, fortitude and selflessness should be remembered as he made the ultimate sacrifice while serving his beloved country; and
Whereas, Naming the bridge on County Road 13 in Saxon, Raleigh County, after John Michael Davis would be a fitting memorial to him as he was raised a mile beyond the old wooden bridge that was replaced with a new concrete one in the fall of 2003. His final resting place is a mile and a half past this new bridge; and
Whereas, We should never forget all of the valiant men and women who have risked and still are risking their lives, foregoing their own freedom and happiness in order to allow us to safely enjoy our liberty. Their sacrifices should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia Division of Highways to name the bridge on County Road 13 in Saxon, Raleigh County, West Virginia, the "PFC John Michael Davis Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways is requested to provide and erect, at either end of the bridge, signs designating the bridge as the "PFC John Michael Davis Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this concurrent resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the surviving family members of PFC John Michael Davis.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegate Ennis:
H. J. R. 101 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 3, article VI thereof, relating to increasing the terms of members of the House of Delegates from two to four years; and increasing the terms of members of the State Senate from four to six years; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegates Caputo, Manchin, Cann, Renner, Warner, Iaquinta and Fragale offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 5 - "Honoring the contributions of the Civilian Conservation Corps in West Virginia and acknowledging the establishment of a Civilian Conservation Corps Museum located in Harrison County, West Virginia."
Whereas, On March 31, 1933, President Franklin Roosevelt signed into law the authorization to form a Civilian Conservation Corps (CCC) to help alleviate the horrific unemployment problems of the Great Depression, and this year marks the 71st anniversary of the CCC; and
Whereas, There were 67 CCC camps located in the State of West Virginia, and an estimated 55,000 men served in the West Virginia CCC camps; and
Whereas, The men of the CCC provided vital resource conservation and fire prevention in our forests, planted millions of trees, built hundreds of miles of roads and dozens of bridges, built flood control mechanisms and water conservation ponds, and built many of our state parks, lodges, swimming pools and other recreational areas; and
Whereas, Many of the CCC men diligently applied themselves on weekends and during evenings to learn job skills that would enable them to be effective components of the workforce upon completion of CCC service, and many of the CCC men went on to further distinguish themselves as brave soldiers during World War II; and
Whereas, The West Virginia CCC Museum Association has established a CCC museum in the Quiet Dell School House in Harrison County near the actual site of a CCC camp to preserve the legacy of the CCC for future generations; and
Whereas, The West Virginia CCC Museum Association is currently planning to expand the museum by constructing a replica CCC barracks adjacent to the Quiet Dell School House; therefore, be it
Resolved by the House of Delegates of West Virginia:
That the House of Delegates hereby honors and acknowledges the contributions of the Civilian Conservation Corps to the State of West Virginia - much of which exists still today for the welfare and benefit of the citizens of this State; and, be it
Further Resolved, That the House of Delegates hereby acknowledges and commends the West Virginia CCC Museum Association for its efforts to preserve the legacy of the CCC by establishing a CCC Museum in Harrison County; and, be it
Further Resolved, That the Clerk of the House of Delegates is directed to forward a copy of this resolution to the West Virginia CCC Museum.


Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Brown, DeLong, Mahan, R. Thompson, Armstead, Calvert and Faircloth:
H. B. 4148 - "A Bill to amend and reenact §62-1C-14 of the code of West Virginia, 1931, as amended, relating to allowing bail bondsmen to deliver offenders to county and regional jails without bailpiece; setting requirements; setting forth requirements related to medical treatment of defendant prior to authorities taking custody pursuant to a bailpiece; providing for certain immunities from liability; and providing penalties"; to the Committee on the Judiciary.
By Delegates Hamilton, Poling, Canterbury, Howard, Duke, Sumner and Manuel:
H. B. 4149 - "A Bill to amend and reenact §5-16-13 of the code of West Virginia, 1931, as amended, relating to providing for the continuance of medical coverage for the spouse of a deceased retired employee for any period previously purchased with accumulated leave"; to the Committee on Pensions and Retirement then Finance.
By Delegate Hrutkay:
H. B. 4150 - "A Bill to amend and reenact §36-1-3 of the code of West Virginia, 1931, as amended, relating to real estate transactions generally and requiring a seller or a seller's agent at closing to disclose the names, addresses and telephone numbers of all utilities providing service to the real estate involved in a real estate sales transaction"; to the Committee on the Judiciary.
By Delegate Hrutkay:
H. B. 4151 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-15g, relating to requiring county boards of education to establish the daily observance of a minute of silence in all county schools"; to the Committee on Education then the Judiciary.
By Delegate Hrutkay:
H. B. 4152 - "A Bill to amend and reenact §55-7-6 and §55-7-7 of the code of West Virginia, 1931, as amended, all relating to trial by court or jury and compromise and settlement of claims for death by wrongful act; listing potential beneficiaries if suit is tried before the court or jury; right of personal representative to settle wrongful death claims; filing of verified petition or motion giving notice of settlement; contents of petition or motion; service; resolution of agreed-upon distributions without hearing; approval of settlement and release of liability subject to judicial determination of appropriate distribution of settlement proceeds; hearing; and distribution"; to the Committee on the Judiciary.
By Delegates Poling, Hrutkay, R. Thompson, Manuel, Howard, Sobonya and Caputo:
H. B. 4153 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-7-12; and to amend and reenact §18B-9-5 of said code, all relating to higher education generally and requiring minimal additional pay for certain classified employees who agree to work on weekends; and, removing the provision that incremental salary increases for classified employees be paid from existing funds" to the Committee on Finance.
By Delegates R. M. Thompson, Perry, G. White and Hrutkay:
H. B. 4154 - "A Bill to amend and reenact §46A-4-101 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-4-102a, all relating to the authority of regulated consumer lenders to make loans; and requiring continuing education of individual regulated consumer lender loan originators"; to the Committee on the Judiciary.
By Delegates R. M. Thompson, Perry, G. White, Iaquinta and Hrutkay:
H. B. 4155 - "A Bill to amend and reenact §31A-1-2 of the code of West Virginia, 1931, as amended; to amend and reenact §31A-2-5; and to amend and reenact §31A-4-1 and §31A-4-5 of said code, all relating to the ability of a state-chartered bank to organize as a limited liability company"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Webster, Brown, Mahan, R. Thompson, Armstead, Calvert and Faircloth:
H. B. 4156 - "A Bill to amend and reenact §15-2B-3 and §15-2B-6 of the code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §15-2B-14; all relating to DNA sample required for DNA analysis upon conviction; definitions; requiring DNA samples for certain prisoners; and providing for the standards and procedures for a right to DNA testing for certain imprisoned felons"; to the Committee on the Judiciary.


Consent Calendar

Third Reading

Com. Sub. for H. B. 4037, Providing for safe schools through alternative education programs and providing certain juvenile justice records to public school officials; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 51), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Hall and Shelton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4037) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bill and request concurrence therein.


Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 4055, Creating a compact between states for the protection and return of juvenile offenders, runaways and other juveniles,
And,
H. B. 4108, Authorizing sun screening devices that exceed statutory limits to be used in law-enforcement K-9 and other emergency vehicles that haul animals.


First Reading

H. B. 4097, Clarifying those persons or entities responsible for paying certain fees assessed by the clerk of the circuit court for processing of criminal bonds and bailpiece; on first reading, coming up in regular order, was read a first time and ordered to second reading.


House Calendar

First Reading

H. B. 4017, Prohibiting retailer licensees use of gambling names and symbols in advertising, signage and directions to retail establishments offering limited video lottery games; on first reading, coming up in regular order, was read a first time and ordered to second reading.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Coleman, Hall and Shelton.
At 11:48 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Thursday, January 29, 2004.