__________*__________

Monday, March 1, 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 Friday, February 27, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration:

H. C. R. 48, Naming the bridge connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, West Virginia, the "James G. Berry Memorial Bridge",

H. C. R. 49, Naming the bridge located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia the "David Rickey Carson Memorial Bridge",

And,

H. C. R. 57, Expressing the full support of the West Virginia Legislature for the Republic of China on Taiwan to be permitted to appropriate and meaningful participation in activities of the World Health Organization,

And reports the same back with the recommendation that they each be adopted.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4318, Imposing personal income tax on funds withdrawn from a prepaid college tuition contract or other college savings plans,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4318 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12f, relating to providing an increasing modification to federal adjusted gross income for determining West Virginia taxable income for personal income tax purposes in the amount of any deduction previously taken for West Virginia personal income tax purposes for amounts deposited into a prepaid tuition contract or other college savings plan administered by the board of trustees of the college prepaid tuition and savings program, pursuant to article thirty, chapter eighteen of the West Virginia code, and subsequently withdrawn from the prepaid tuition contract or other college savings plan, and used for purposes other than those qualified under section 529 of the Internal Revenue Code; and providing effective date,"

And,

H. B. 4113, Requiring all state boards of examination and registration provided in chapter thirty of the code of West Virginia to have website accessible to the public,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4113 - "A Bill to amend and reenact §30-1-12 of the code of West Virginia, 1931, as amended, relating to requiring state boards of examination and registration provided in chapter thirty of the code to have websites accessible to the public; specifying minimum content; providing that the state treasurer may assist the boards in developing the websites; and requiring the governor to ensure that links to each of the boards websites are accessible through the state's internet website,"

With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 4318 and Com. Sub. for H. B. 4113) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.

On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Beach, Long, Perry, Tabb, Paxton, Howard and Canterbury:

H. B. 4742 - "A Bill to amend and reenact §18B-10-14 of the code of West Virginia, 1931, as amended, relating to bookstores; textbooks; and prohibiting state institutions of higher education from requiring students to purchase bundled textbook packages."

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4742) was taken up for immediate consideration, read a first time and then ordered to second reading.

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

Your Committee on Education has had under consideration:

H. B. 4712, Providing autonomy and operating flexibility to certain higher education institutions,

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

Com. Sub. for H. B. 4712 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §18B-1-5, relating to higher education; institutions of higher education; and providing autonomy and operating flexibility to the institutions,"

With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 4712) to the Committee on Finance was abrogated.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 4712) was taken up for immediate consideration, read a first time and then ordered to second reading.

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.'s 4179, 4214, 4215, 4216, 4217, 4218, 4219, 4225, 4226, 4238, 4239 and 4245, Authorizing the Department of Tax and Revenue to promulgate legislative rules,

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

Com. Sub. for H. B. 4217 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the division of banking to promulgate a legislative rule relating to residential mortgage lenders, brokers and loan originators; authorizing the insurance commissioner to promulgate a legislative rule relating to the licensing and conduct of individual insurance producers, agencies and solicitors; authorizing the insurance commissioner to promulgate a legislative rule relating to surplus lines insurance; authorizing the insurance commissioner to promulgate a legislative rule relating to Medicare supplement insurance; authorizing the insurance commissioner to promulgate a legislative rule relating to accident and sickness rate filing; authorizing the insurance commissioner to promulgate a legislative rule relating to credit for reinsurance; authorizing the insurance commissioner to promulgate a legislative rule relating to self-insurance pools for political subdivisions; authorizing the lottery commission to promulgate a legislative rule relating to the state lottery; authorizing the lottery commission to promulgate a legislative rule relating to limited video lottery; authorizing the racing commission to promulgate a legislative rule relating to thoroughbred racing; authorizing the racing commission to promulgate a legislative rule relating to greyhound racing; and authorizing the tax commissioner to promulgate a legislative rule relating the alternative resolution of tax disputes,"

With the recommendation that the committee substitute do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 4217) was taken up for immediate consideration, read a first time and then ordered to second reading.

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. 4658, Relating to defense of self, others and property and providing limited immunity from civil liability,

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

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4658) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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. 2692, Including boat retailers in the special method for appraising dealer vehicle inventory,

And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 2692) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.

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. 4431, Establishing a lottery scratch-off game for the benefit of West Virginia firefighters,

And reports the same back, by unanimous vote of the Committee, 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. 4431) to the Committee on Finance was abrogated.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4431) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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. 4330, Revising the law governing vital records,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4330) was taken up for immediate consideration, read a first time and then ordered to second reading.

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. 4390, Making tongue splitting a crime unless performed by a licensed physician,

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

Com. Sub. for H. B. 4390 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-32, relating to making tongue splitting a crime unless performed by a licensed physician or osteopath; and providing for a penalty,"
H. B. 4474, Making it a felony offense for stealing lottery tickets,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4474 - "A Bill to amend and reenact §29-22-12 of the code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-16 of said code, all relating to video lottery offenses in general; making it a felony to steal lottery tickets and establishing the penalty therefor; and making it a felony to use, or assist another in the use of, certain electronic, electrical, or mechanical devices to obtain an advantage at playing any racetrack video lottery machine, and establishing the penalty therefor,"
H. B. 4605, Clarifying certain provisions of the West Virginia Code as they relate to domestic violence offenses and related protective orders that are issued by various courts,

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

Com. Sub. for H. B. 4605 - "A Bill to amend and reenact §48-5-509 and §48-5-608 of the code of West Virginia, 1931, as amended; to amend and reenact §48-27-401, §48-27-902, §48-27- 903, §48-27-1001 and §48-27-1102 of said code; to amend and reenact §61-2-9 and §61-2-28 of said code; and to amend and reenact §61-7-4 and §61-7-7 of said code, all relating to domestic violence; clarifying the interaction between temporary and final domestic violence protective orders and the provisions of protective measures reflected in temporary or final divorce orders entered in divorce proceedings or other types of domestic proceedings; making the violation of emergency or final protective orders issued by injunctive relief or protective order in a divorce proceeding a misdemeanor; clarifying provisions related to the arrest and criminal enforcement of violations of protective orders to include the same; clarifying the penalties which may be imposed for the initial and repeated violation of such protective orders; authorizing the governor's committee on crime, delinquency and correction to develop and promulgate rules regarding the procedures for the dispatch of matters involving domestic violence; and relating to prohibitions against the issuance of licenses and permits to carry concealed weapons and the possession of firearms as they pertain to persons who have been convicted of domestic violence offenses and/or are subject to domestic violence protection orders,"

And,
H. B. 4649, Providing for greater efforts for instate placement of children in the custody of the Department of Health and Human Services,

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

Com. Sub. for H. B. 4649 - "A Bill to amend and reenact §49-5D-2,§49-5D-3 and §49-5D- 3a of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §49-10-1, §49-10-2, §49-10-3, §49-10-4, §49-10-5, §49-10-6 and §49-10-7, all relating to child welfare; providing for a child advocacy center participation in multidisciplinary investigative teams; providing for uniform comprehensive assessments of children; preference to instate placement; including in team, child, the juvenile's attorney, appropriate school official, court- appointed special advocate when available, and a representative from the licensed domestic violence program serving the county, when appropriate and available; requiring team preference of instate placement; requiring court preference of instate placement; establishing child welfare oversight panel; providing purpose of panel; establishing membership requirements; establishing duties of the panel; requiring annual reporting; directing department of health and human resources participation in panel; providing for confidentiality of child specific information received by the panel; and providing limited immunity to persons participating in panel activities,"

With the recommendation that the committee substitutes each do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 4390, Com. Sub. for H. B. 4474, Com. Sub. for H. B. 4605 and Com. Sub. for H. B. 4649) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.


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

Com. Sub. for S. B. 173 - "A Bill to amend and reenact §17E-1-12 of the code of West Virginia, 1931, as amended, relating to authorizing a disabled commercial licensed driver to have a personal driving permit for up to two years without loss of status as a commercial licensed driver"; which was referred to the Committee on Roads and Transportation then Finance.


Resolutions Introduced


Delegate Boggs offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 60 - "Requesting the West Virginia Division of Highways to designate Route 19/25 near Sutton, Braxton County, West Virginia, between the junction of Route 19/40 and Route 7/7 as 'Tiffany Jackson Drive' in memory and honor of Tiffany Elaine Jackson."

Whereas, Tiffany Elaine Jackson, was born June 27, 1990, the daughter of Jim and Teresa Jackson, and the sister of Tyler Jackson, age 16, of Gassaway, West Virginia; and

Whereas, Tiffany was an 8th grader at Braxton Middle School where she was an honor student, cheerleader and band member; and

Whereas, Tiffany had a passion for animals, especially the horses that she owned, and had ambitions of being a professional rider, and in becoming a veterinarian working at the soon-to-be animal shelter near Sutton in Braxton County; and

Whereas, Tiffany, an experienced equestrian, had grown up around horses, owning several and winning numerous trophies and ribbons; and

Whereas, On November 13, 2003, Tiffany tragically passed away at the tender age of 13, when she was riding her new horse bareback, a Tennessee Walker named "Red", up the long driveway leading to her home, when something went awry, and unbeknownst to anyone, she fell and "Red" somehow had stepped on her stomach crushing her rib cage and causing her liver to split; and

Whereas, Although Tiffany left this life unexpectedly at an early age, leaving behind numerous relatives, friends and fellow horse lovers, as well as the animals that adored her, she shall always be remembered for the smiles she brought and the animals she endeared; and

Whereas, One of Tiffany's favorite quotes was from William Shakespeare that epitomized her zest for life and fondness of animals, "Oh, for a horse with wings"; and

Whereas, The members of the Legislature want to send their heartfelt sympathies to Tiffany's family, and honor her life by naming a portion of Route 19/25 after her because Route 19/25 is the road that leads to the new animal shelter where Tiffany desired to work; therefore, be it
Resolved by the Legislature of West Virginia:

That the members of the Legislature request the West Virginia Division of Highways to designate Route 19/25 near Sutton, Braxton County, West Virginia, between the junction of Route 19/40 and Route 7/7 as "Tiffany Jackson Drive" in memory and honor of Tiffany Elaine Jackson; and, be it

Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of Route 19/25 displaying the name "Tiffany Jackson Drive"; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, and to the surviving family of Tiffany Elaine Jackson.

Delegates Caputo (By Request), Manchin and Renner offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 61 - "Requesting the West Virginia Division of Highways to designate and name the new bridge located in Manington, Marion County, off U.S. Route 250 and now known as the Pine Grove Bridge, the 'William Calvin Sandy Bridge'."

Whereas, William Calvin Sandy served the State of West Virginia and the Department of Highways for twenty-six and one-half years first as a construction project supervisor and rising to Assistant Director of Construction responsible for highway construction in the northern half of this state and eventually serving as a Regional Construction Engineer, Director of the Procedures Compliance Evaluation Division and Bond Fund Program Engineer. His work included supervision of the Interstate 70, Wheeling Tunnel, Interstate 77, U.S. 50 and U.S. 179 projects; and

Whereas, William Calvin Sandy was born in the Marion County Sheriff's residence adjoining the Marion County Courthouse (now the Marion County Historical Society Museum) Fairmont, West Virginia on April 3, 1913, the eldest son of Sheriff Arch F. Sandy and his wife Nannie M. Conaway Sandy; and

Whereas, William Calvin Sandy is married to Helen Sandy and he is the father of one daughter, Mary Sue Malvin and three step-daughters, Anna Lee Gillett, Janet Sue Hass and Mary Lou Nethken; and

Whereas, William Calvin Sandy graduated from Barrackville High School in 1929, attended the West Virginia University College of Engineering from 1929 to 1932 and received a Regents AB Degree from Fairmont State College in 1977, where he taught classes in surveying, building codes and construction specifications. He also passed the West Virginia professional engineers examination in October 1950 and received his registration certificate as a professional engineer; and

Whereas, The life, dedication, contributions to his country, state, community and family and the engineering accomplishments of William Calvin Sandy, a true Mountaineer and great American, 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 designate and name the new bridge located in Manington, Marion County, off U.S. Route 250 and now known as the Pine Grove Bridge the "William Calvin Sandy Bridge"; 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 William Calvin Sandy.

Delegates Trump, Caruth, Frich, Anderson, Armstead, Ashley, Azinger, Beane, Blair, Border, Browning, Calvert, Campbell, Canterbury, Carmichael, Duke, Ellem, Ennis, Evans, Faircloth, Ferrell, Foster, Fragale, Frederick, Hall, Hamilton, Houston, Howard, Kominar, Kuhn, Leggett, Long, Louisos, Michael, Overington, Palumbo, Poling, Renner, Romine, Schoen, Shaver, Smirl, Sobonya, Stalnaker, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. M. Thompson, Wakim, Walters, Warner, Webb, G. White, H. White, Williams and Yeager offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 62 - "Recognizing February 6th as 'Ronald Reagan Day' in the State of West Virginia.

Whereas, President Ronald Wilson Reagan, a man of humble background, worked throughout his life serving freedom and advancing the public good, having been employed as an entertainer, union leader, corporate spokesman, Governor of California and President of the United States; and

Whereas, Ronald Reagan served with honor and distinction for two terms as the fortieth President of the United States of America; the second of which he earned the confidence of three fifths of the electorate and was victorious in forty-nine of the fifty states in the general election - a record unsurpassed in the history of American presidential elections; and

Whereas, In 1981, when Ronald Reagan was inaugurated President, he inherited a disillusioned nation shackled by rampant inflation and high unemployment; and

Whereas, During Mr. Reagan's presidency, he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to government which led to an unprecedented economic expansion and opportunity for millions of Americans; and

Whereas, Mr. Reagan's commitment to an active social policy agenda for the nation's children helped lower crime and drug use in our neighborhoods; and

Whereas, President Reagan's commitment to our Armed Forces contributed to the restoration of pride in America, her values and those cherished by the free world, and prepared America's Armed Forces to meet twenty-first century challenges; and

Whereas, President Reagan's vision of "peace through strength" led to the end of the Cold War and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions of people; and

Whereas, On February 6th, 2004, Ronald Reagan reached the age of ninety-three years; therefore, be it

Resolved by the Legislature of West Virginia:
That February 6th of every year hereafter will be recognized in this state as "Ronald Reagan Day"; and, be it

Further Resolved, That the Clerk is hereby directed to send a copy of this Resolution to the State's Delegation in Congress, the President of the United States, and the former First Lady, Nancy Reagan.

Delegate Warner offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 14 - "Recognizing rural transit providers in celebrating twenty five years of dependable and affordable transportation to the citizens of West Virginia."

W HEREAS , For the past twenty five years, West Virginia's rural transit providers have provided transportation to people from all walks of life - seniors, persons with disabilities, workers, the transportation disadvantaged, students and commuters; and

W HEREAS , During these twenty five years the Federal Transit Administration has provided the State of West Virginia with almost forty five million dollars which has been matched with state and local funds; and

W HEREAS , Carrying over one million passenger's last fiscal year and serving twenty one counties, this program has traveled millions of miles and brought lots of smiles; and

W HEREAS , These efforts in providing reliable and affordable transportation for the citizens of West Virginia's rural areas can not be accomplished without the dedication and assistance of rural transit providers; therefore, be it

Resolved by the House of Delegates:

That the West Virginia House of Delegates hereby recognizes and congratulates the many individuals who provide this important community service to the citizens of West Virginia as it celebrates its silver anniversary; and, be it

Further Resolved, That the House of Delegates looks forward to many more productive years of rural transit as these providers go for the gold; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to West Virginia rural transit managers.


Consent Calendar

Third Reading


The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2366, Requiring health benefit plans to issue uniform prescription drug information cards or technology,
Com. Sub. for H. B. 2423, Awarding high school diplomas to certain veterans,
Com. Sub. for H. B. 4027, Establishing a voluntary environmental excellence program,
H. B. 4158, Providing a procedure for removing property from the state's inventory of removable property,
Com. Sub. for H. B. 4193, Authorizing the Department of Environmental Protection to promulgate legislative rules,
Com. Sub. for H. B. 4211, Authorizing the Department of Transportation to promulgate legislative rules,
Com. Sub. for H. B. 4291, Continuing education requirements for licensed healthcare professionals on the subject of end-of-life care training ,

Com. Sub. for H. B. 4334, Creating the joint commission on technology and advanced communications,
Com. Sub. for H. B. 4379, Changing the representation of the board of registered professional nurses,
Com. Sub. for H. B. 4388, Creating new misdemeanor and felony offenses and associated penalties related to the possession, creation and use of original, duplicated, altered or counterfeit retail sales receipts and universal product code labels with the intent to defraud,
Com. Sub. for H. B. 4501, Creating exemptions from the consumers sales and services tax for e-commerce vendors and other high technology businesses,
Com. Sub. for H. B. 4517, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof,
H. B. 4557, Deleting the specified year of the funding appropriated to provide the pay equity adjustment,
Com. Sub. for H. B. 4559, Providing urban mass transportation authorities expanded competitive procurement procedures for the purchase of supplies, equipment and materials,

H. B. 4560, Requiring that firefighters and security guards employed by the adjutant general of the national guard be members of the national guard,
H. B. 4576, Creating a voluntary checkoff on state income tax returns to donate refunds to family literacy program,
H. B. 4622, Repealing the section of the code relating to the exemption of lottery prizes from taxation,
H. B. 4623, Repealing the section of the code relating to expenditure of excess in collections upon approval of governor,

And,
H. B. 4627, Honoring academic performance of West Virginians graduating from U.S. military academies.

On the passage of the bills, the yeas and nays were taken (Roll No. 244), 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, Faircloth and Smirl.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2366, Com. Sub. for H. B. 2423, Com. Sub. for H. B. 4027, H. B. 4158, Com. Sub. for H. B. 4193, Com. Sub. for H. B. 4211, Com. Sub. for H. B. 4291, Com. Sub. for H. B. 4334, Com. Sub. for H. B. 4379, Com. Sub. for H. B. 4388, Com. Sub. for H. B. 4501, Com. Sub. for H. B. 4517, H. B. 4557, Com. Sub. for H. B. 4559, H. B. 4560, H. B. 4576, H. B. 4622, H. B. 4623 and H. B. 4627) passed.

Delegate Staton moved that Com. Sub. for H. B. 4193 take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 264), 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, Faircloth and Smirl.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4193) takes effect from its passage.

Delegate Staton moved that Com. Sub. for H. B. 4211 take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 265), 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, Faircloth and Smirl.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4211) takes effect from its passage.

Delegate Staton moved that Com. Sub. for H. B. 4501 take effect July 1, 2004.

On this question, the yeas and nays were taken (Roll No. 266), 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, Faircloth and Smirl.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4501) takes effect July 1, 2004.

Delegate Staton moved that Com. Sub. for H. B. 4517 take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 267), 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, Faircloth and Smirl.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4517) takes effect from its passage.

Delegate Staton moved that H. B. 4622 take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 268), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Schoen.

Absent And Not Voting: Coleman, Faircloth and Smirl.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4622) takes effect from its passage.

Delegate Staton moved that H. B. 4623 take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 269), 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, Faircloth and Smirl.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4623) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence therein.


Second Reading

H. B. 2132, Providing retirement service credit to teachers at private colleges and universities; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4003, Adjusting the age for members of the West Virginia state police retirement system; on second reading, coming up in regular order, was reported by the Clerk.

On motion of Delegate Staton, further consideration of the bill was then postponed until the evening session.
H. B. 4103, Eliminating any reduction in the benefit of a state police officer who is disabled on the job when the officer attains the age of fifty-five; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4587, Including persons who are members or consultants to review organizations within the definition of health care professionals for peer review purposes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4596, Allowing municipal police and fire pension plans to use the actuarial examination by the State in lieu of obtaining its own actuary; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Pensions and Retirement, was reported by the Clerk and adopted, amending the bill as follows:

By striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM.

§8-22-20a. Hiring of actuary; preparation of actuarial valuations.

(a)(1) The Legislature finds that it is in the best interests of the state and its municipalities to have accurate data regarding the various municipal police and firemen's pension and relief funds. The Legislature finds that data received from the funds is not always reliable due to inconsistent methods of reporting. The Legislature also finds that the municipalities need to know if the data they are basing their decisions on regarding pensions for their police and firemen is accurate and that they can depend on it.

(2) The Legislature finds that the state treasurer should contract with an actuary as a consultant for the municipal police and firemen's pension and relief funds and that among other duties the actuary should determine if there is consistent reporting from the various funds. The Legislature further finds that the state treasurer should share the results of the actuary's annual valuation with the appropriate municipality.

(b) Notwithstanding any other provision of this code to the contrary, beginning the first day of July, two thousand two, the state treasurer shall select by competitive bid and contract with a single qualified actuary. The actuary shall serve as a consultant to the treasurer with regard to the operation of the municipal police and firemen's pension and relief funds and shall report annually to the treasurer with regard to all funds existing in this state by virtue of this article. The treasurer may pay for costs associated with the actuary's work out of the fund established pursuant to section fourteen-d, article three, chapter thirty-three of this code. The treasurer shall, upon the request of any board of trustees of a municipal police or firemen's pension and relief fund, furnish a current copy of the actuary report to that board.

(c) With respect to each municipal police or firemen's pension and relief fund, the actuary shall complete an annual valuation in accordance with actuarial standards of practice promulgated by the actuarial standards board of the American academy of actuaries. The report of the valuation shall include: (1) A summary of the benefit provisions evaluated; (2) a summary of the census data and financial information used in the valuation; (3) a description of the actuarial assumptions, actuarial costs method and asset valuation method used in the valuation, including a statement of the assumed rate of payroll growth and assumed rate of growth or decline in the number of the fund members' contribution to the pension fund; (4) a summary of findings that includes a statement of the actuarially accrued pension liabilities and unfunded actuarial accrued pension liabilities; (5) a schedule showing the effect of any changes in the benefit provisions, actuarial assumptions or cost methods since the last annual actuarial valuation; (6) a statement of whether contributions to the pension fund are in accordance with the provisions of this chapter and whether they are expected to be sufficient; and (7) any other matters determined by the treasurer to be necessary or appropriate. The treasurer shall forward a copy of the annual valuation to the municipality for which it was completed.

(d)(1) The hiring of an actuary under the provisions of this section shall not be construed to make the municipal police and firemen's pension and relief funds the responsibility or obligation of the state of West Virginia.

(2) Any actuarial deficiency identified by the actuary under this section or this article is not an obligation of the state of West Virginia.

(e) Beginning after the thirty-first day of December, two thousand three, a municipal policemen's pension and relief fund or a municipal firemen's pension and relief fund may elect to use the actuarial examination of its fund which is provided for in this section in lieu and instead of any actuarial examination required by this article: Provided, That if any additional actuarial information is required by a fund beyond that which is mandated in this section, the fund must pay the actuary any additional fees involved: Provided, however, That where a municipal policemen's or municipal firemen's board of trustees has informed the treasurer that their plan desires to use the state actuary report as specified herein, the treasurer shall provide the board of trustees with a copy of the report of the single qualified actuary as soon as the report is available to the treasurer."

The bill was then ordered to engrossment and third reading.
H. B. 4603, Providing that rights of deceased retired participants to interest is to be included in the calculation of terminal benefits payable; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4668, Providing a supplemental pension benefit to certain retired members of the public employees retirement system and the teachers retirement system; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.


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 S. B. 52, Allowing motorcycle registration plates to be fastened in vertical position,
S. B. 268, Continuing division of motor vehicles,
S. B. 269, Continuing division of purchasing within department of administration,
S. B. 324, Continuing division of personnel,
Com. Sub. for H. B. 2706, Relating to compensation paid to members of the education and state employees grievance board,
Com. Sub. for H. B. 2950, Modernizing captive insurance law to remain competitive with states which presently contract such business,

And,
Com. Sub. for H. B. 3189, Reducing the total tax credits available under the capital company act during the fiscal year beginning on the first day of July, two thousand three.
Com. Sub. for H. B. 4006, Increasing the vendor registration fee per fiscal year with a limited waiver provided; on first reading, coming up in regular order, was reported by the Clerk.

The Clerk announced that, pursuant to House Rule 70a, Delegate Walters had requested Com. Sub. for H. B. 4006 be removed from the Consent Calendar and be placed upon the House Calendar.

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. 4009, Creating a position for a state Americans with disabilities coordinator within the department of administration,
Com. Sub. for H. B. 4019, Prohibiting the division of motor vehicles' sale of personal information for bulk distribution of surveys, marketing and solicitations,

H. B. 4056, Increasing service of process fees and providing that the fees collected be deposited in the West Virginia deputy sheriff retirement fund,
Com. Sub. for H. B. 4077, Eliminating the set-off against unemployment compensation benefits for persons receiving social security benefits,
Com. Sub. for H. B. 4123, Authorizing the supreme court of appeals to create a panel of senior magistrate court clerks,
Com. Sub. for H. B. 4130, Providing for the employment of a highly qualified and fully certified substitute teacher to perform the duties of a teacher who is in attendance of a meeting or professional development function held by or at the direction of the department of education,
Com. Sub. for H. B. 4205, Authorizing the Department of Health and Human Resources to promulgate legislative rules,
Com. Sub. for H. B. 4284, Extending the eligibility to receive the five hundred dollar early retirement bonus for specific education personnel,
Com. Sub. for H. B. 4299, Modifying the West Virginia contractor licensing act and updating certain terms,
Com. Sub. for H. B. 4323, Adding a new administrative assistant classification to school service personnel and setting the pay grade for the position,
Com. Sub. for H. B. 4377, Assessing a penalty on those physicians who fail to pay the special assessment,
Com. Sub. for H. B. 4452, Relating to the West Virginia state police retirement system,
Com. Sub. for H. B. 4455, Extending the term of the waste tire remediation funds,
Com. Sub. for H. B. 4516, Relating to the state conservation committee and conservation districts,
H. B. 4598, Restricting courts from requiring conditions on the out of home placement of children inconsistent with existing licensing regulations,
H. B. 4604, Relating to the establishment of subpoena power for the secretary and the board of review of the department of health and human resources,
H. B. 4669, Providing for establishment of special five-year demonstration professional development school project,
H. B. 4670, Relating generally to corporation net income tax,

H. B. 4671, Relating to the disposal of law enforcement weapons when replaced due to routine wear,

And,
H. B. 4672,Relating to calculation of workers' compensation premiums for members of limited liability companies.
H. B. 4714, Clarifying that certain community education programs support public education; on first reading, coming up in regular order, was reported by the Clerk.

The Clerk announced that, pursuant to House Rule 70a, Delegate Beach had requested H. B. 4714 be removed from the Consent Calendar and be placed upon the House Calendar.

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4737, Providing options for members of teachers retirement to make contributions for periods of temporary total disability,
H. B. 4738, Relating to salaries, wages and other benefits of school service personnel,
H. B. 4739, Relating to legislative appropriation of tobacco settlement funds and strategic contribution funds,
H. B. 4740, Relating to the establishment, initial funding and operation of a patient injury compensation fund,

And,
H. B. 4741, Limiting number of video lottery terminals that certain fraternal societies and veterans' organizations may be authorized to have on the premises.



Special Calendar

Unfinished Business

S. C. R. 12, Declaring December, 2004, "Legislators Back to School Month" ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 28, Requesting Division of Highways rename connection of Route 73 between Fountain Place Mall and Mt. Gay, "West Virginia POW-MIA Highway" ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 29, Requesting Division of Highways name bridge on Route 60 crossing Four Pole Creek, "Colonel Justice M. Chambers Memorial Bridge" ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. C. R. 32, Requesting West Virginia's congressional delegation to support amendments to and funding for No Child Left Behind Act and Individuals with Disabilities Education Act; coming up in regular order, as unfinished business, was reported by the Clerk.

Delegate Trump moved to amend the resolution on page one, by striking out lines sixteen and seventeen in their entirety.

Debate ensued on the pending amendment, and Delegate Staton moved the previous question, which motion was sustained and the main question ordered.

The main question being on the amendment offered by Delegate Trump, the same was put and did not prevail.

On the adoption of the resolution, Delegate Carmichael demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 270), and there were--yeas 83, nays 13, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Armstead, Blair, Calvert, Carmichael, Evans, Hall, Overington, Schadler, Schoen, Trump, Wakim, Walters and Webb.

Absent And Not Voting: Coleman, Faircloth, Leggett and Smirl.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (S. C. R. 32) adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. C. R. 11, Requesting a study on the causes of the devastating flooding in southern West Virginia; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. R. 17, Urging the County Commission of Jefferson County to take all reasonable steps to save and preserve the historic Jefferson County Jail; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
H. C. R. 29, Requesting the Division of Highways to name the bridge crossing the Elk River on State Route 4 south of Gassaway, the "Veterans Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 30, Requesting the United States Congress to broaden the eligibility categories of membership in veterans' organizations; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 31, Requesting a study on the use of credit scoring being used as a factor in determining the amount of a premium charged for issuance of an insurance policy; coming up in regular order, as unfinished business, was reported by the Clerk.

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

The yeas and nays having been ordered, they were taken (Roll No. 271), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent And Not Voting: Coleman, Faircloth, Smirl and R. M. Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 31) adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 43, Requesting a study proper and fitting activities to honor Abraham Lincoln on the occasion of the bicentennial anniversary of his birth; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. R. 5, Acknowledging the establishment of a Civilian Conservation Corps Museum located in Harrison County, West Virginia and honoring their contributions ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Second Reading

The following resolutions and bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. J. R. 2, Pet Animal Neutering and Spaying Amendment,
H. J. R. 108, Survivors' Education Amendment,

And,
Com. Sub. for H. B. 4067, Modifying and updating auctioneer licensing requirements, fees and continuing education.
Com. Sub. for H. B. 4342, Exempting prescription drugs and insulin from the consumers sales tax when sold to patients; on second reading, coming up in regular order, was read a second time and, on motion of Delegate Staton, advanced to third reading with the restricted right to amend on that reading.
H. B. 4514, Mandatory treatment program for repeat or serious DUI offenders; on second reading, coming up in regular order, was read a second time.

On motion of Delegates Perdue, Amores, Border, Foster, Long and Schoen, the bill was amended on page eight, section four, line fourteen, following the word "II" and the comma, by deleting the word "or".

On page eight, section four, line fourteen, after the word "III", by inserting the words "IV or V" followed by a comma.

And,

On page eight, section four, line fourteen, after the word "code", by inserting the following: "for which he or she did not have a valid prescription".
At the request of Delegate Staton, and by unanimous consent, the bill (H. B. 4514) was advanced to third reading with the restricted right to amend on that 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:
Com. Sub. for H. B. 4574, Providing a funding in personal finance for secondary school students,

And,
H. B. 4624, Relating generally to tax increment financing.


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. 3106, Defining, developing and regulating the keeping of privately owned deer as an agricultural enterprise in this state,
Com. Sub. for H. B. 3118 , Increasing the salary of public service district board members,
Com. Sub. for H. B. 4018, Authorizing the issuance of grant waivers to sparsely populated counties for relief from the ratio limitations on state funding of professional educators,
Com. Sub. for H. B. 4033, Authorizing the issuance of new parkway revenue bonds,
Com. Sub. for H. B. 4200, Authorizing the department of military affairs and public safety to promulgate legislative rules,
Com. Sub. for H. B. 4303, Relating to Gramm-Leach-Bliley and reciprocity,
Com. Sub. for H. B. 4382, Authorizing the governor to appoint an additional member to the surface mining board that represents the interests of labor,

H. B. 4453, Relating to the deputy sheriff's retirement system,
Com. Sub. for H. B. 4477, Increasing the issuance fees for hunting and fishing licenses,
Com. Sub. for H. B. 4561, Authorizing the director of the division of natural resources to allow nonresidents to train dogs for coon hunting,
H. B. 4625, Authorizing the tourism commission the use of the tourism promotion fund to support the 2004 Pete Dye West Virginia Classic,

And,
H. B. 4626, Providing a salary supplement for providers of medicaid eligible services in the public schools.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Coleman, Faircloth and Smirl.


Miscellaneous Business


Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate R. Thompson regarding the insurance industry be printed in the Appendix to the Journal.

Delegate Manchin asked and obtained unanimous consent that the remarks of Delegate Caputo regarding S. C. R. 31 be printed in the Appendix to the Journal.

Delegate Trump asked and obtained unanimous consent that the remarks of Delegate Carmichael regarding S. C. R. 32 be printed in the Appendix to the Journal.

Delegate Staton asked and obtained unanimous consent that the remarks of Delegate Mezzatesta regarding S. C. R. 32 be printed in the Appendix to the Journal.

Delegate Staton announced that he was absent on Friday, February 27, 2004 when the votes were taken on Roll Nos. 239 through 243, and that had he been present, he would have voted "Yea" thereon.

At 11:45 a.m., on motion of Delegate Staton, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * * * * *



Evening Session

* * * * * * * * * *


At the request of Delegate Staton, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.


Committee Reports


On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title and referred to the Committee on Rules, as follows:
By Delegates Williams, Swartzmiller, Beach, Stemple, Canterbury, Tabb, Crosier, Long, Duke, Sobonya, Poling, Paxton, Romine, Renner, Perry, Sumner, Hartman, Shaver, Wakim, Howard, Shelton, Hamilton, Fragale, Kuhn and Mezzatesta:


H. C. R. 63 - "Directing the Joint Committee on Government and Finance to make a study on improving public school libraries to meet the needs of students and faculty."

Whereas, The Legislature recognizes the critical importance for students to develop strong reading skills in the early grades, for these skills to mature as students progress through the later grades and read for the acquisition of new knowledge, social awareness, and entertainment, and for students to attain the information literacy skills necessary for lifelong learning; and

Whereas, Numerous research studies conducted over the last decade have found that student academic achievement on state standardized tests is greater at schools that have professionally staffed, well-stocked and equipped, school libraries that work in collaboration with teachers to support instruction and teach students how to access information; and

Whereas, School libraries are evolving from book collections to multimedia repositories to high-tech information centers that are accessible 24 hours a day, seven days a week; therefore, be it

Resolved by the Legislature of West Virginia:

That the joint committee on government and finance is hereby directed to make a study on improving public school libraries to meet the needs of students and faculty; and, be it

Further Resolved, That the said joint committee on government and finance shall conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; 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 draft necessary legislation be paid from legislative appropriations to the joint committee on government and finance.

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

Your Committee on Education has had under consideration:

H. B. 4444, Discontinuing early childhood education programs except for children with certain disabilities,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the further 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. 4444) to the Committee on Finance was abrogated.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4444) was taken up for immediate consideration, read a first time and then ordered to second reading.

On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Williams, Beach, Crosier, Hartman, Renner, Shaver and Swartzmiller:

H. B. 4743
- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-9, relating to establishing conditions precedent to eliminating certain National Collegiate Athletic Association eligible teams."

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4743) was taken up for immediate consideration, read a first time and then ordered to second reading.

On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Mezzatesta, Tabb, Renner, Long, Beach, Swartzmiller and Stemple:

H. B. 4744
- "A Bill to amend and reenact §18B-1A-6 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18B-1A-9; to amend and reenact §18B-4-7 of said code; to amend and reenact §18B-9-2 of said code; to amend and reenact §18B-10-2 of said code; to amend said code by adding thereto a new section, designated §18B-10-17; all relating to higher education; higher education fees and academic programs; accreditation of institutions of higher education; expanding graduate and baccalaureate education program offerings; standards for degrees; establishing criteria for achieving university status; expanding the limitation on nonclassified employees; decreasing the salary of the current chancellor and setting the salary of any other chancellor; authorizing certain student fee charges; and transferring the use of certain higher education resource fees."

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4744) was taken up for immediate consideration, read a first time and then ordered to second reading.

Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:

Your Committee on Pensions and Retirement has had under consideration:

H. B. 2912, Providing that certain education personnel who are former state employees may exercise the option to transfer from the public employees retirement system to the state teachers retirement system,

And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, 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. 2912) to the Committee on Finance was abrogated.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B, 2912) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.

Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:

Your Committee on Pensions and Retirement has had under consideration:

H. B. 4562, Relating to the rights of members of the teachers' defined contribution retirement system to make a technical correction to clarify membership,

And,

H. B. 4563, Relating to the public employees retirement system,

And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bills (H. B. 4562 and H. B. 4563) to the Committee on Finance was abrogated.

At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4562 and H. B. 4563) were each taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.

Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4655, Giving the children's health insurance program the right of subrogation,

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

Com. Sub. for H. B. 4655 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16B-10, relating to subrogation rights of the children's health insurance plan; providing that submission of an application for benefits through the children's health insurance agency constitutes an assignment of rights to the agency to recover benefits paid by the agency; requiring that a jury is not to be informed of the interest of the agency; providing for the deduction of attorney fees from the amount paid to the agency; requiring a person with notice of the interests of the agency to withhold the amount of settlement proceeds necessary to reimburse the agency; and, imposing liability on persons who fail to reimburse the agency,"

With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4655) to the Committee on the Judiciary was abrogated.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 4655) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 4641, Establishing a credentialing program for dialysis technicians by the board of registered professional nurses,

And reports the same back, without recommendation as to its passage, but with the recommendation that it be recommitted to the Committee on Government Organization.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4641) was taken up for immediate consideration, read a first time, ordered to second reading and then recommitted to the Committee on Government Organization.

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 2728, Allowing a person to erect, construct, repair or alter their residential property without a contractor's license or having a contractor perform the work,

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

Com. Sub. for H. B. 2728 - "A Bill to amend and reenact section fourteen, article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing a person to erect, construct, repair or alter their residential property without a contractor's license or having a contractor perform the work,"

With the recommendation that the committee substitute do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2728) was taken up for immediate consideration, read a first time and then ordered to second reading.

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 4440, Permitting certain officers and state employees to waive their salaries, And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 4440 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §6-7-1a, relating to permitting certain officers and state employees to waive their salaries; setting forth methodology of waiver; and other provisions as to waiver of salary,"

With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 4440) to the Committee on Finance was abrogated.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 4440) was taken up for immediate consideration, read a first time and then ordered to second reading.

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 4167, Creating the Exotic Animal Control Board to protect the health and safety of humans and the state's agricultural and forestry industries, its wildlife and other natural resource interests from the introduction or spread of disease,

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

Com. Sub. for H. B. 4167 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8 and §19-9B-9, all relating to the regulating the possession and sale of domestic and exotic animals; creating the exotic and domestic animal public safety board and the exotic and domestic animal study commission; establishing duties; providing rule-making authority; requiring all sellers of animals to register; authorizing inspections; providing for testing, seizing and quarantining animals; and establishing criminal penalties,"

With the recommendation that the committee substitute do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 4167) was taken up for immediate consideration, read a first time and then ordered to second reading.

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. 3004, Prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog when a dog is found on another person's property,

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

Com. Sub. for H. B. 3004 - "A Bill to amend and reenact §19-20-12 of the code of West Virginia, 1931, as amended, relating to prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog without the permission of the owner,"
H. B. 4492, Creating the criminal offense of soliciting a minor via computer,

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

Com. Sub. for H. B. 4492 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3C-14b, relating to creating the criminal offense of soliciting a minor via computer to commit any illegal act and providing penalties,"
H. B. 4535, Providing relief from property taxes for property damaged or destroyed in a disaster,

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

Com. Sub. for H. B. 4535 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-32, relating to providing relief from property taxes when real or personal property is damaged or destroyed in a disaster,"

And,
H. B. 4536, Establishing the law-enforcement reemployment act.

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

Com. Sub. for H. B. 4536 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-10A-1, §15-10A-2, §15-10A-3, §15-10A-4, §15- 10A-5, and §15-10A-6, all relating to establishing the law-enforcement re-employment act; legislative findings; authorizing the re-employment of retired county and municipality law- enforcement officers, and division of natural resource law-enforcement officers; examination requirements; coverage for illness or injury; ineligibility for contributions to pensions; and employment status, civil service and retirement benefits,"

With the recommendation that the committee substitutes each do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 3004, Com. Sub. for H. B. 4492, Com. Sub. for H. B. 4535 and Com. Sub. for H. B. 4536) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to 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. 2323, Establishing an office of school personnel within the state department of education by July 1, 2004,

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

Com. Sub. for H. B. 2323 - "A Bill to amend and reenact §18-3-9 of the code of West Virginia, 1931, as amended, relating to the state department of education generally; establishing the division of school personnel; and setting forth certain responsibilities for the division,"

With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 2323) to the Committee on Finance was abrogated.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 2323) was taken up for immediate consideration, read a first time and then ordered to second reading.

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. 4415, Giving the state auditor flexibility in determining when to conduct audits on local government offices,

And reports the same back, by unanimous vote of the Committee, 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. 4415) to the Committee on Finance was abrogated.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4415) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4412, Requiring the children's health insurance board to submit a modification of its benefit plan,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4412 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16B-6c, relating to directing the children's health insurance board to study all available means to develop a plan modification to permit participation by families with income levels between two hundred percent and three hundred percent of the federal poverty level; findings; premium; and report to Legislature,"

H. B. 4047, Creating a high growth business investment tax credit to encourage investment by state citizens and businesses in certain companies started by fellow West Virginians,

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

Com. Sub. for 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, §11-13U-9 and §11-13U-10, all relating to the high- growth business investment tax credit,"

And,

H. B. 4607, Conferring the duties of the industrial revenue bond allocation review committee to the board of the West Virginia economic development authority,

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

Com. Sub. for H. B. 4607 - "A Bill to amend §13-2C-3a of the code of West Virginia, 1931, as amended; and to amend §31-15-5 of said code, all relating to the economic development authority board; conferring the authority and duties of the industrial revenue bond allocation review committee to the board of the West Virginia economic development authority; and adding members to the board of the economic development authority,"

With the recommendation that the committee substitutes each do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 4412, Com. Sub. for H. B. 4047 and Com. Sub. for H. B. 4607) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4697, Exempting from taxation property used exclusively for retirement homes,

And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4697 - "A Bill to amend and reenact §11-3-9 of the code of West Virginia, 1931, as amended, relating to exempting from taxation property used exclusively for retirement homes,"

And,

H. B. 4357, Permitting municipalities to impose an alternative one percent municipal sales and service tax in the municipality in lieu of imposing the business and occupation tax currently permitted by law,

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

Com. Sub. for H. B. 4357 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-5b; to amend and reenact sections §11-9-2, §11-9-3, §11-9-4, §11-9-5, §11-9-6, §11-9-8 and §11-9-10 of said code; to amend and reenact §11-10-3 of said code; and to amend said code by adding thereto a new section, designated §11-10- 11b, all relating to authorizing municipalities to impose an alternative one percent municipal sales and service tax on the privilege of selling tangible personal property or custom software and for the privilege of furnishing certain select services in the municipality, and an alternative municipal use tax on the use of tangible personal property, custom software or taxable services in the municipality, in lieu of imposing a business and occupation tax; administrative provisions; collection and disposition of revenues; and criminal penalties,"

With the recommendation that the committee substitutes each do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 4697 and Com. Sub. for H. B. 4357) were taken up for immediate consideration, read a first time and then ordered to second reading.

On motions for leave, bills were introduced (Originating in the Committee on Finance and reported by unanimous vote of the Committee, with the recommendation that they each do pass), which were read by their titles, as follows:

By Delegates Warner, Michael, Stalnaker, Proudfoot, Boggs, Ashley and G. White:

H. B. 4745 - "A Bill to amend and reenact §17-2A-23 of the code of West Virginia, 1931, as amended, relating to administration of repairs to vehicles and equipment by the division of highways; and providing for decertification of certified vendors in certain circumstances,"

And,

By Delegates Michael, Thompson, H. White, Campbell, Leach and Hall:

H. B. 4746
- "A Bill to amend and reenact §12-1-2, §12-1-7, §12-1-12 and §12-1-13 of the code of West Virginia, 1931, as amended; to amend and reenact §12-2-1 of said code; to amend and reenact §12-3-1 and §12-3-1a of said code; to amend and reenact §12-3A-3, §12-3A-4 and §12-3A-6 of said code; to amend and reenact §12-5-1 and §12-5-5 of said code; to amend and reenact §12-6-5 and §12-6-8 of said code; and to amend and reenact §18-30-4 of said code, all relating generally to the state treasurer's office; designating financial institutions as depositories for state funds; adding state and federal savings and loan associations as candidates for depository banks; defining spending unit for the purposes of chapter twelve of the code; allowing only the treasurer to enter into contracts for banking goods and services, except for the auditor obtaining the purchasing card; requiring financial institutions outside the state with state funds to meet the same collateral requirements for other depositories; clarifying that the treasurer may pay for banking goods and services by maintaining a compensating balance in an account other than only accounts that do not earn interest; adding electronic funds transfers to the methods the state uses to receive moneys; amending procedures for stale dated checks and requiring the treasurer to search for the payee; requiring spending units which have payments in which the checks have become stale to inform the treasurer's office when the stale dated checks contain federal funds, the amount of the federal funds and which account should receive the funds; specifying legal effect of documents and electronic signatures; adding the treasurer as additional administrator of the West Virginia check card; allowing the state treasurer to authorize spending units to assess and collect fees for electronic commerce receipts; requiring the state treasurer to issue legislative rules to authorize spending units to assess and collect fees for electronic commerce receipts; adding cash to the definition of securities; creating fund in treasury to allow for the deposit of cash into safekeeping and allowing the treasurer to invest the money and to prescribe forms and procedures for processing the moneys; amending provisions related to investment of funds of political subdivisions; requiring treasurer to contract with political subdivisions; changing the qualifications for certain members of the West Virginia college prepaid tuition and savings program and changing the appointment process of two members of the West Virginia college prepaid tuition and savings program."

At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for H. B. 4745 and Com. Sub. for H. B. 4746) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.

On motion for leave, a resolution was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Doyle, Mezzatesta, Leach, Warner and Hall:


H. J. R. 114 - "Proposing an amendment to the Constitution of the State of West Virginia, authorizing appropriations and the issuance and sale of additional state bonds in an amount not exceeding eight million dollars for the purpose of paying bonuses to certain veterans or to relatives of certain veterans; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment."

At the respective requests of Delegate Staton, and by unanimous consent, the resolution (H. J. R. 114) was taken up for immediate consideration, read a first time and then ordered to second reading.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4545, Teachers' Retirement Equity Act,

H. B. 4567, Relating to the motor carrier road tax and international fuel tax agreement,

H. B. 4660, Providing for the disposition of funds or assets recovered in a legal action or settlement by or on behalf of the general public, the state or its officers, agencies or political subdivisions,

H. B. 4661, Requiring the attorney general to provide legal services upon the request of state agencies,

H. B. 4521, Increasing the current annual registration fee for underground storage tanks and requiring the DEP to annually report on the status of the fund and the underground storage tank program,

H. B. 4146, Increasing the percentage a liquor retail licensee may charge the general public and licensed clubs,

H. B. 4708, Adjusting the formula by which the Public Service Commission distributes wireless enhanced 911 fee revenues to the counties,

H. B. 4024, Establishing the "Public-Private Transportation Facilities Act",

H. B. 4118, Increasing circuit clerks' salaries,

H. B. 4013, Creating a sales tax holiday for back-to-school purchases,

H. B. 4149, Providing for the continuance of medical coverage for the spouse of a deceased retired public employee for any period previously purchased with accumulated leave,

H. B. 4722, Relating to imposing a fee of twenty dollars on the transfer of real property in addition to the excise tax presently imposed on such transactions,

H. B. 4028, Creating the West Virginia tourism development act,

H B. 4059, Distributing net terminal income of racetrack video lottery terminals from reduced distributions to the tourism development fund,

H. B. 4707, Authorizing a health benefit plan to provide health insurance benefits to certain former employees of businesses in this State who have lost their jobs,

H. B. 4036, Relating to legislative appropriation of tobacco settlement funds,

And,

H. B. 4008, Abolishing the insurance and retirement division and creating a new employee and insurance services division,

And reports the same back, without recommendation as to their passage, but with the recommendation that they each be recommitted to the Committee on Finance.

At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4545, H. B. 4567, H. B. 4660, H. B. 4661, H. B. 4521, H. B. 4146, H. B. 4708, H. B. 4024, H. B. 4118, H. B. 4013, H. B. 4149. H. B. 4722, H. B. 4028, H. B. 4059, H. B. 4707, H. B. 4036 and H. B. 4008) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, recommitted to the Committee on Finance.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4002, Extending the ability to appropriate money from the PEIA reserve fund to the bureau of medical services,

H. B. 4010, Authorizing the transfer of unappropriated surplus net profit from the state lottery fund to the state excess lottery fund,

H. B. 4014, Relating to preserving West Virginia's estate tax,

H. B. 4015, Creating a tax amnesty program to be administered by the tax commissioner for a two month period during calendar year 2004,

H. B. 4057, Repealing the corporate license fee and replacing it with an annual report and registration fee to be paid by various business entities,

H. B. 4058, Allowing the sale of unused strategic research and development tax credits,

H. B. 4076, Requiring the secretary of the department of health and human resources to consider a method to obtain medicaid reimbursement to retail pharmacies to the cost of certain prescriptions,

H. B. 4079, Establishing a program to employ rehabilitative drug treatment instead of incarceration for most persons arrested for nonviolent drug offenses,

H. B. 4094, Providing a state income tax exemption to retired federal employees,

H. B. 4100, Increasing the excise tax on cigarettes and other tobacco products,

H. B. 4139, Imposing sales or use tax rather than title privilege tax on sale or use of all-terrain vehicles, snowmobiles and other motorized recreational vehicles,

H. B. 4145, Providing a salary increase for civilian employees of the state police,

H. B. 4153, Requiring minimal additional pay for certain classified employees who agree to work on weekends and removing provisions that incremental salary increases for classified employees be paid from existing funds,

H. B. 4164, Exempting one motor vehicle owned by a resident of this state on active duty in the United States military from ad valorem taxes for any taxable year the person is in the military,

H. B. 4263, Clarifying the premium taxes and surcharges which apply to the physicians' mutual insurance company,

H. B. 4283, Permitting all honorably retired law-enforcement officers of the state and the federal government to carry a concealed weapon free from providing bond and free of the payment of fees,

H. B. 4309, Providing for a program intended to divert low-income residents from early institutionalization in nursing homes by providing personal home care in their communities,

H. B. 4340, Clarifying that the exemptions from sales tax for certain purchases by transmission and transportation businesses does not apply to other businesses engaging in transmission or transportation activities,
H. B. 4341, Relating generally to the motor fuels excise tax,

H. B. 4344, Reducing the consumers sales tax on food,

H. B. 4345, Phasing out and abolishing the business franchise tax,

H. B. 4360, Exempting sales of drugs to licensed physicians which are to be consumed in the performance of a professional service from the consumers sales and service tax,

H. B. 4372, Establishing a voluntary veterans transportation income tax refund check-off program to help fund transportation services for the state's veterans,

H. B. 4385, Authorizing the superintendent of the West Virginia state police to operate a voluntary contribution fund for designated beneficiaries of deceased officers,

H. B. 4386, Providing vendors may apply a surcharge of up to six percent of the amount of any retail sales transaction in which a credit card is used,

H. B. 4405, Directing any unallocated funds from the sale of bonds equally between various funds developed for flood relief,

H. B. 4407, Creating an income tax deduction for taxpayers who volunteer two hundred or more hours to a charitable organization,

H. B. 4436, Creating a new exemption for purchases of certain items by consumers during one weekend each quarter,

H. B. 4468, Allowing housing development authorities to pay for persons of eligible income the costs of preparation and recording of any title instrument, deed of trust, note or security instrument and the amount of impact fees imposed,

H. B. 4502, Creating sales tax exemptions to encourage high technology companies to locate and expand their businesses in West Virginia and providing sales exemptions for educational software and internet advertising,

H. B. 4558, Allowing an additional personal income tax exemption for each dependent child of an individual or husband and wife,

H. B. 4575, Increasing the allocation of racetrack video lottery net terminal income to be used for payment into the pension plan for employees of the licensed racing association,

H. B. 4578, Requiring a person seeking clothing voucher assistance under the West Virginia Works Act to have five thousand dollars or less in total assets,

H. B. 4628, Establishing the wireless infrastructure council to ensure that needed wireless infrastructure is in place within this state,

H. B. 4633, Giving certain annuitants of the public employees retirement system and the teachers retirement system who are over the age of 60 years a one-time supplement,

H. B. 4648, Providing that the reduced tax rate applies to underground mines producing coal from seams of less than thirty-two inches,

H. B. 4656, Creating sales and use tax exemptions for purchases of design and engineering services and materials and equipment directly used in construction of new or replacement amusement rides,

H. B. 4662, Requiring the division of highways to grant priority to roadway construction, reconstruction and maintenance for roadways prone to recurring floods,

H. B. 4681, Implementing a pilot project in Berkeley, Jefferson and Morgan counties to install flashing traffic signals between the hours of eleven o'clock p.m. and six o'clock a.m. at certain intersections,

H. 4696, Authorizing a qualifying municipality to impose a municipal occupational tax, a municipal sales and service tax and a use tax,

And,

H. B. 4717, Reducing and restricting compensation expense claims for legislative members,

And reports the same back, without recommendation as to their passage, but with the recommendation that they each be recommitted to the Committee on Finance.

At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4002, H. B. 4010, H. B. 4014, H. B. 4015, H. B. 4057, H. B. 4058, H. B. 4076, H. B. 4079, H. B. 4094, H. B. 4100, H. B. 4139, H. B. 4145, H. B. 4153, H. B. 4164, H. B. 4263, H. B. 4283, H. B. 4309, H. B. 4340, H. B. 4341, H. B. 4344, H. B 4345, H. B. 4360, H. B. 4372, H. B. 4385, H. B. 4386, H. B. 4405, H. B. 4407, H. B. 4436, H. B. 4468, H. B. 4502, H. B. 4558, H. B. 4575, H. B. 4578, H. B. 4628, H. B. 4633, H. B. 4648, H. B. 4656, H. B. 4662, H. B. 4681, H. B. 4696 and H. B. 4717) were taken up for immediate consideration, read a first time, ordered to second reading and then recommitted to the Committee on Finance.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
H. B. 4441, Expanding newborn screening by adding sickle cell anemia and adrenal hyperplasia,

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

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4441) up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
H. B. 4582, Limiting the division of labor elevator inspectors of elevators in state owned buildings,

And,

H. B. 4709, Allowing the commissioner of labor to charge fees for laboratory services and calibrations,

And reports the same back with the recommendation that they each do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4582 and H. B. 4709) were each taken up for immediate consideration, read a first time and then ordered to second reading.

On motion for leave, a resolution was introduced(Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Leach, Boggs, Stalnaker, Campbell and Hall:


H. J. R. 113 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article seven thereof by adding thereto a new section, designated section one-a, relating to locating certain offices within the executive department outside the seat of government; and providing a summarized statement of the purpose of the amendment."

At the respective requests of Delegate Staton, and by unanimous consent, the resolution (H. J. R. 113) was taken up for immediate consideration, read a first time and then ordered to second reading.

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

Your Committee on the Judiciary has given further consideration to:
H. B. 4523, Allowing certain racing associations or licensees qualifying for an alternate tax to increase the number of races each performance,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that first be referred to the Committee on Finance.

At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 4523) 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. 4593, Relating to compressed gas container safe transport,

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

Com. Sub. for H. B. 4593 - "A Bill to amend and reenact §17C-17-6a of the code of West Virginia, 1931, as amended, relating to safe transport of compressed gas containers,"

With the recommendation that the committee substitute do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 4593) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.

Chairman Spencer, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 27th day of February, 2004, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 4012), Bringing the West Virginia corporation net income tax act into conformity with federal income tax,
(H. B. 4287), Eliminating the provision of law limiting seniority rights for classified employees when funding the annual salary increment results in employee layoffs,

(H. B. 4348), Expiring funds to the treasurer's office - banking services from the treasurer's office - unclaimed property trust fund,

And,
(H. B. 4349), Relating generally to consumers sales and service tax.


Senate Messages


A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

H. B. 4484, Allowing a limited license to practice medicine and surgery without examination to an individual appointed to a West Virginia medical school faculty who holds a valid license to practice medicine and surgery from another country.

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

Com. Sub. for S. B. 230 - "A Bill to amend and reenact §33-1-10 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-3-14 of said code, all relating to definitions of casualty insurance and federal flood insurance; establishing special funds; and transferring collections on certain insurance premium taxes to benefit office of emergency services for flood plain enhancement activities"; which was referred to the Committee on Banking and Insurance then Finance

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2004, and requested the concurrence of the House of Delegates in the passage of

S. B. 316 - "A Bill to amend and reenact §31-20-10 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-20-10a, all relating to regional jail and correctional facility authority funds; providing statutory procedures for determining the cost per day for inmates incarcerated in facilities operated by the authority; and outlining the allocation of costs for housing inmates"; which was referred to the Committee on the Judiciary then Finance.

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

Com. Sub. for S. B. 447 - "A Bill to amend and reenact §8-10-2b of the code of West Virginia, 1931, as amended; and to amend and reenact §17B-3-3c and §17B-3-9 of said code, all relating to the powers and duties of municipal courts; failure to appear for municipal court hearings; failure to pay municipal court fines and fees; cancellation, suspension and revocation of driver's licenses; payment of fines and fees from state income tax refund; allocation of income tax refund; and suspension of license to continue until fees, fines and reinstatement fee paid"; 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

Com. Sub. for S. B. 500 - "A Bill to amend and reenact §20-2-32, §20-2-33 and §20-2-34 of the code of West Virginia, 1931, as amended, all relating generally to the issuance of hunting and fishing licenses; disposition of duplicate license fees; increasing fees; promulgation of legislative rules; and disposition of fees."

At the request of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 500) to a committee was dispensed with.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 500) was taken up for immediate consideration, read a first time and then ordered to second reading.

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

Com. Sub. for S. B. 533 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §28-7-4, relating to authorizing the division of corrections to charge a fee of up to one hundred dollars to adult offenders applying for transfer under the interstate compact for the supervision of adult offenders; setting up a special revenue account; and providing for expenditure of moneys"; which was referred to the Committee on the Judiciary then Finance.

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. 573 - "A Bill to amend and reenact §31-15-2 and §31-15-3 of the code of West Virginia, 1931, as amended, all relating to providing a procedure for the economic development authority to address employment and economic development problems of minority populations of this state"; which was referred to the Committee on Government Organization then 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

Com. Sub. for S. B. 590 - "A Bill to amend and reenact §62-11B-7a of the code of West Virginia, 1931, as amended, relating to home incarceration supervisors; allowing a local community criminal justice board to be designated as a home incarceration supervisor; and prohibiting felons and persons that have been guilty of infamous or notoriously disgraceful conduct or who have been dismissed from public service for delinquency or misconduct from being employed as or designated a home incarceration supervisor"; which was referred to the Committee on the Judiciary.

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. 50 - "Requesting the Division of Highways name the bridge connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, the 'James G. Berry Memorial Bridge'."

Whereas, James G. Berry was born on August 6, 1945, in Huntington, Cabell County, and attended school in Barboursville; and

Whereas, James G. Berry was killed October 10, 1965, in action in Vietnam while on a search and destroy operation when the vehicle in which he was riding was destroyed by an electrically detonated mine south of Ben Cat, Republic of Vietnam; and

Whereas, James G. Berry was serving his second tour of duty in Vietnam, having enlisted in the Army on August 16, 1963. He had been on Okinawa since February, 1964, and was in the 173rd Airborne Division. He was a Specialist 4 who was awarded the Purple Heart posthumously; and

Whereas, James G. Berry gave his young life in the supreme sacrifice for the cause of freedom on a battlefield in a country far away; and

Whereas, The life of James G. Berry should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the bridge connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, the "James G. Berry Memorial Bridge"; and, be it

Further Resolved, That the Legislature hereby requests the Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; 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 Transportation and the family of the late James G. Berry.

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. 53 - "Requesting the Division of Highways name the bridge located at U. S. Route 2 and Nine Mile Road, Cabell County, the 'David Rickey Carson Memorial Bridge'."

Whereas, David Rickey Carson, the son of Mr. and Mrs. Raymond Carson, was born on September 8, 1947, at Lesage, Cabell County; and

Whereas, Specialist 4 David Rickey Carson was killed in action on January 31, 1968, at Gia Dinh, Vietnam, while serving in the U. S. Army, 1st Logistical Command; and

Whereas, Specialist 4 David Rickey Carson was awarded the Purple Heart posthumously; and

Whereas, David Rickey Carson gave his young life in the supreme sacrifice for the cause of freedom on a battlefield in a country far away; and

Whereas, The life of David Rickey Carson should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the bridge located at U.S. Route 2 and Nine Mile Road, Cabell County, the "David Rickey Carson Memorial Bridge"; and, be it

Further Resolved, That the Legislature hereby requests the Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; 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 Transportation and the family of the late David Rickey Carson.


Consent Calendar

Second Reading


H. B. 4003
, Adjusting the age for members of the West Virginia state police retirement system; on second reading, having been postponed until this time, was reported by the Clerk.

The Clerk announced that, pursuant to House Rule 70a, Delegate Campbell had requested H. B. 4003 be removed from the Consent Calendar and be placed upon the House Calendar.

At 6:00 p.m., on motion of Delegate Staton, the House of Delegates recessed for five minutes.
Reordering of the Calendar


Delegate Staton announced that the Committee on Rules had transferred H. B. 4420, on first reading, House Calendar to the Special Calendar.


Special Calendar

First Reading


H. B. 4420, Requiring health insurance plans to cover the cost of contraceptives for their participating members; on first reading, coming up in regular order, was read a first time and ordered to second reading.


Miscellaneous Business


Delegate Ashley asked and obtained unanimous consent that the remarks of Delegate Anderson regarding S. C. R. 32 be printed in the Appendix to the Journal.

At 6:06 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Tuesday, March 2, 2004.