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Thursday, March 4, 2004



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

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

The Clerk proceeded to read the Journal of Wednesday, March 3, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.


Resolutions Introduced


Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Armstead, Ashley, Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Carmichael, Caruth, Craig, Crosier, DeLong, Duke, Ellem, Ennis, Evans, Faircloth, Ferrell, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker, Staton, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White, Williams, Wright, Yeager and Yost offered the following resolution, which was read by the Clerk, as follows:

H. C. R. 73 - "Designating Thursday, March 4, 2004, as 'Friends of Coal Day' at the State Capitol."

Whereas, Since the formation of this state during the Civil War, there has been one constant, basic and essential industry that has fueled this state's economy, supported this nation through two world wars and other international conflicts and stands ready today to help this country become energy self sufficient and that industry is coal; and

Whereas, The extraction of coal from the hills, mines and valleys of this state has been an integral part of the social and economic life of millions of West Virginians; and

Whereas, Coal miners and their families represent a proud heritage of courage, strength of character and quiet confidence that has the respect and admiration of all West Virginians; and

Whereas, The economic vitality of the coal industry is critically important to the future well- being of West Virginia and its citizens; and

Whereas, The "Friends of Coal" is a grassroots organization involving thousands of West Virginians, as well as citizens of other states who are working diligently to ensure the future of West Virginia through a vibrant, essential and productive coal industry; therefore, be it

Resolved by the Legislature of West Virginia:
That the Legislature hereby declares Thursday, March 4, 2004, as "Friends of Coal Day" at the state capitol; and, be it

Further Resolved, That all West Virginians are encouraged to celebrate March 4, 2004, as "Friends of Coal Day" at the state capitol; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor and the members of West Virginia's delegation in Congress.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 73) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

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


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. 44, Requesting the West Virginia Legislature to review, examine and study the feasibility and benefits of conducting classes for grades seven through twelve in the constitutions of the State of West Virginia and the United States,

H. C. R. 51, Directing the joint committee on government and finance to make a study on the regulation of athletic and other extracurricular activities by the Secondary School Activities Commission,

And,

H. C. R. 55, Requesting a study whether wild ginseng and cultivated ginseng should be regulated in the same manner,

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

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. 52, Requesting a study on the State's water quality standards,

H. C. R. 54, Requesting a study of the efficacy of collaborative pharmacy practice agreements between pharmacists and physicians,

H. C. R. 56, Requesting a study on the current problems associated with the delivery of water and sewer services,

H. C. R. 59, Requesting a study the feasibility of utilizing juvenile detention centers at various locations across the state of West Virginia for the purpose of providing alternative education opportunities,

And,

S. C. R. 42, Requesting Governor proclaim fourth Friday of April, 2004, "Children's Memorial Flag Day",

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

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

H. C. R. 76 - "Designating May 1, 2004, as 'Hampshire County Day' in recognition of the 250th anniversary of the founding of Hampshire County."

Whereas, In May, 1754, Hampshire County was officially formed and the first shots were fired that would begin the French and Indian War; and

Whereas, Hampshire County's importance as a gateway to the developing west made it a target for the enemy attacks during the war; and

Whereas, It was because of this that Colonel George Washington, Commander of the Virginia Regiment, built a chain of forts in Hampshire County as the northern bulwark of his western line of defense; and

Whereas, Not even the ravages of war could stop the advance of settlers into the fertile valleys of Hampshire County; and

Whereas, The number of settlers continued to increase which led to the establishment of Hardy County in 1786 and Pendleton County and 1788; and

Whereas, During the Civil War, Hampshire County was again ravaged by war; and

Whereas, Because of its strategic location, there were many troop movements through Hampshire County and the city of Romney - the county seat of Hampshire County which is said to have changed hands 56 times during the Civil War; and

Whereas, The Civil War left Hampshire County severely wounded and its citizens nearly destitute but once again the people of Hampshire County rebuilt their homes and communities and looked forward to a bright future; and

Whereas, This year marks the 250th anniversary of the founding of Hampshire County, West Virginia's oldest county; and

Whereas, We should use this time to recall the heroic sacrifice of the countless men and women who came to Hampshire County to make a new life and to those who followed after them through times of war and testing; and

Whereas, The cost our forefathers paid to protect the treasure of the quiet, fertile valleys and age-old forested mountains of Hampshire County for future generations should not go unnoticed; therefore, be it

Resolved by the West Virginia Legislature:

That May 1, 2004, shall be designated as "Hampshire County Day" in recognition of the 250th anniversary of the founding of Hampshire County; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor and members of the Hampshire County Commission.

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. 6, Naming the bridge located at Howell's Mill near Ona, WV, the Rimmer-White Bridge.

And reports the same back with the recommendation that it be adopted. 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 3rd day of March, 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:

(S. B. 524), Relating to council for community and technical college education and PROMISE scholarship board of control,

(H. B. 4011), Bringing the West Virginia personal income tax act into conformity with the federal income tax,

(Com. Sub. for H. B. 4022), Creating "The All-Terrain Vehicle Safety Regulation Act",

(H. B. 4132), Relating to the West Virginia guaranteed work force program,

And,

(H. B. 4308), Providing immunity from civil damages to workers who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features in accordance with applicable state and federal laws


Messages from the Senate


A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

H. C. R. 27, Requesting the Division of Highways to name the bridge crossing the West Fork River at Enterprise, the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge".

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 36, Naming the newly constructed bridge over Dunkard Creek on Route 39 in the western end of Monongalia County, the "Robert C. 'Bob' Beach Memorial Bridge".

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 40, Naming the bridge on Route 28 near Romney, Hampshire County, the "John Blue Bridge".
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. 22 - "A Bill to amend and reenact §17B-1-1 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17C-1-67; and to amend and reenact §17C-5A-3a of said code, all relating to defining the term 'conviction'; and requiring mandatory participation in the motor vehicle alcohol test and lock program for repeat offenders"; 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. 31 - "A Bill to amend and reenact §20-2-7 of the code of West Virginia, 1931, as amended, relating to hunting with dogs; and providing that persons may not be guilty of trespassing or hunting without permission because the person unintentionally permits his or her dog to pursue an animal or wild bird onto another person's land"; 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. 58 - "A Bill to amend and reenact §25-5-1, §25-5-2, §25-5-4, §25-5-5, §25-5-8, §25-5-11, §25-5-12, §25-5-15, §25-5-19 and §25-5-20 of the code of West Virginia, 1931, as amended, all relating to commercial prisons; setting forth legislative findings; requiring the commissioner to annually make recommendations on whether to continue prison vendors' contracts; providing that the secretary of the department of military affairs and public safety may renew prison vendor contracts annually; providing for certain restrictions concerning offender characteristics relative to the kinds of offenders that may be incarcerated in commercial facilities; reducing the amount of time that a contractor has to abate a violation; prescribing the number of commissioner's representatives that may be employed at each commercial facility for monitoring purposes; increasing bonding requirements for contractors; requiring background checks for employees at commercial facilities; and requiring contractors to be responsible for certain costs"; 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. 121 - "A Bill to amend and reenact §12-6-9c and §12-6-12 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-6-18, all relating to the investment powers of the investment management board; removing certain requirements regarding investments in the securities of or any interest in any investment company or investment trust under the investment company act of 1940; increasing the percentage of investments that may be made in equities and international securities; clarifying the application of the prudent investor standard to limitations on certain types or amounts of investments; eliminating certain restrictions on the purchase of securities in a particular company, commercial paper and corporate debt and eliminating the requirement that a list of approved securities be maintained by the board; authorizing investments in alternative investments, subject to certain restrictions and limitations; and specifying that the investment powers of the board are to be broadly and liberally construed to permit the board to achieve its corporate purposes, consistent at all times with the prudent investor standard"; which was referred to the Committee on 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. 139 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2E-1, §5B-2E-2, §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-6, §5B-2E-7, §5B-2E-8, §5B-2E-9, §5B-2E-10 and §5B-2E-11; and to amend said code by adding thereto a new section, designated §11-15-34, all relating to the West Virginia tourism development act; establishing a tourism development project tax credit; specifying short titles; specifying legislative findings and purpose; defining terms; specifying additional powers and duties of the development office; specifying activity that qualifies for the credit; requiring filing of application for tax credit as condition precedent to claiming tax credit; specifying procedures for evaluation and approval of project; providing for hiring of consultants; specifying criteria for evaluating projects; specifying determination of amount of allowable tax credits; specifying application of tax credits against sales tax collected; termination of act; providing for forfeiture of unused tax credits; and specifying information required to be annually submitted to the state development office"; which was referred to the Committee on 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. 143 - "A Bill to repeal §5-16A-1, §5-16A-2, §5-16A-3, §5-16A-4, §5- 16A-5, §5-16A-6, §5-16A-7, §5-16A-8, §5-16A-9, §5-16A-10 and §5-16A-11 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-16D-16, relating to small employer accident and sickness policies and small employer group health benefit plans for uninsured groups"; 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 and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 197 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-3b; to amend said code by adding thereto a new section, designated §18B-1B-10; and to amend and reenact §29-22A-10 of said code, all relating generally to distribution of net terminal income of racetrack video lottery terminals; creating research challenge fund; reducing distributions to the tourism promotion fund; providing for portions of the remaining tourism promotion fund to be deposited in the development office promotion fund and in the higher education policy commission's research challenge fund; providing for uses and expenditures of the funds; and deleting obsolete language"; which was referred to the Committee on 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

Com. Sub. for S. B. 204 - "A Bill to amend and reenact §11-13R-6, §11-13R-11 and §11- 13R-12 of the code of West Virginia, 1931, as amended, all relating to the strategic research and development tax credit; providing that the credit may be refundable for small qualified research and development companies; specifying limitations on credit; and providing an effective date"; which was referred to the Committee on 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. 221 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17- 27-6, §17-27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11, §17-27-12, §17-27-13, §17-27-14, §17- 27-15, §17-27-16, §17-27-17, §17-27-18, §17-27-19, §17-27-20, §17-27-21 and §17-27-22, all relating to establishing the public-private transportation facilities act of two thousand four; setting forth legislative findings and purposes; defining terms; providing prerequisites for development of a transportation facility; setting forth public-private transportation oversight committee; creating the powers and duties of the committee; providing for the submission of proposals and approval by the committee; authorizing service contracts; providing for the dedication of public property; setting forth the powers and duties of a developer; requiring a comprehensive agreement; providing for federal, state and local assistance; addressing material default and remedies; prohibiting governmental entities from pledging full faith and credit; providing for the exercise of condemnation; addressing utility crossings and relocations; addressing dedication of assets; providing for an exemption from purchasing rules; qualifying transportation facilities as public improvements; providing for an exemption of qualifying transportation facilities from taxation; setting forth a termination date; and addressing construction and severability"; which was referred to the Committee on Finance.

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

Com. Sub. for S. B. 262 - "A Bill authorizing the department of administration to sell 2.25 acres of land, together with the improvements thereon, situate at Crites, on Buffalo Creek, in Triadelphia tax district, Logan County"; which was referred to the Committee on Government Organization.

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

S. B. 313 - "A Bill to amend and reenact §31-17-5, §31-17-8 and §31-17-14 of the code of West Virginia, 1931, as amended, all relating to mortgage license provisional approval; disclosure of fees in a mortgage loan; and administrative hearing, appeal and scheduling procedure"; 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. 315 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-5-11, relating to creating a mental hygiene pilot program in three counties or circuits dealing with multiple involuntarily committed persons; reporting requirement; and sunset provision"; 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. 322 - "A Bill to amend and reenact §4-10-5 of the code of West Virginia, 1931, as amended; and to amend and reenact §5D-1-2, §5D-1-3, §5D-1-4, §5D-1-5, §5D-1- 5b, §5D-1-6, §5D-1-12, §5D-1-14, §5D-1-15 and §5D-1-16 of said code, all relating to the public energy authority; changing the termination of the authority and authority board to the first day of July, two thousand eight; reconstituting the authority under the development office for the sole purpose of construction, maintenance and operation of flood mitigation dams with hydroelectric power generation facilities, electric transmission lines integral to such generation facilities, reservoirs and water impoundments formed by such dams and lands bordering on such reservoirs and impoundments; establishing legislative purpose and intent; providing definitions; establishing powers, duties and responsibilities of the authority; requiring public hearings before certain actions of the authority; authorizing the authority to construct, finance, lease, sale, maintain, repair and otherwise undertake projects; authorizing the sale of electricity from projects solely in the wholesale market; exemption from taxation of projects owned by the authority; acquisition of property by the authority; and providing that the authority is not a public utility and is not subject to the jurisdiction of the public service commission"; which was referred to the Committee on Government Organization then Finance.

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

Com. Sub. for 350 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; 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 economic development authority to promulgate a legislative rule relating to the general administration of the West Virginia venture capital act; authorizing the economic development authority to promulgate a legislative rule relating to economic development and technology advancement centers; authorizing the infrastructure and jobs development council to promulgate a legislative rule relating to council; authorizing the division of labor to promulgate a legislative rule relating to psychophysiological detection of deception examinations; authorizing the manufactured housing construction and safety standards board to promulgate a legislative rule relating to the board; authorizing the office of miners' health, safety and training to promulgate a legislative rule relating to reporting requirements for independent contractors; authorizing the division of natural resources to promulgate a legislative rule relating to public land corporation rule controlling sale, lease, exchange or transfer of land and minerals; authorizing the division of natural resources to promulgate a legislative rule relating to revocation of hunting and fishing licenses; authorizing the division of natural resources to promulgate a legislative rule relating to special motorboating regulations; and authorizing the division of natural resources to promulgate a legislative rule relating to special fishing"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of

Com. Sub. for S. B. 399 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; 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 board of accountancy to promulgate a legislative rule relating to the board and rules of professional conduct; authorizing commissioner of agriculture to promulgate legislative rule relating to frozen desserts and imitation frozen desserts; authorizing commissioner of agriculture to promulgate legislative rule relating to dairy products and imitation dairy products; authorizing commissioner of agriculture to promulgate legislative rule relating to seed law; authorizing board of architects to promulgate legislative rule relating to registration of architects; authorizing auditor's office to promulgate legislative rule relating to transaction fee and rate structure; authorizing auditor's office to promulgate legislative rule relating to state purchasing card program; authorizing board of examiners in counseling to promulgate legislative rule relating to fees; authorizing board of registration for professional engineers to promulgate legislative rule relating to governance of board; authorizing board of examiners of land surveyors to promulgate legislative rule relating to minimum standards for practice of land surveying; authorizing board of examiners of land surveyors to promulgate legislative rule relating to mandatory continuing education for land surveyors; authorizing board of landscape architects to promulgate legislative rule relating to board; authorizing board of examiners for licensed practical nurses to promulgate legislative rule relating to policies and procedures for development and maintenance of education programs in practical nursing; authorizing board of medicine to promulgate legislative rule relating to licensing and disciplinary procedures: physicians and podiatrists; authorizing board of optometry to promulgate legislative rule relating to board; authorizing board of examiners of psychologists to promulgate legislative rule relating to fees; authorizing public service commission to promulgate legislative rule relating to transportation of coal by commercial motor vehicles; authorizing records management and preservation board to promulgate legislative rule relating to general management and preservation of county records; and authorizing statewide addressing and mapping board to promulgate legislative rule relating to addressing and mapping standards and participation by public agencies in statewide addressing and mapping projects"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of

Com. Sub. for S. B. 408 - "A Bill to amend and reenact §11-8-6f of the code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-11 of said code, all relating generally to levies by county boards of education and expenditure of property taxes collected from the levies; allowing growth counties to use provisions of growth county school facilities act; providing that high-growth counties may place certain property tax revenues in a growth county school facilities act fund to be used for the benefit of school facilities in the high-growth county; allowing moneys in the fund to be carried over from year to year; and providing that revenues deposit in a growth county school facilities act fund are not considered local share for purposes of the state aid formula"; which was referred to the Committee on 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. 418 - "A Bill to amend and reenact §50-1-14 of the code of West Virginia, 1931, as amended, relating to allowing persons employed by the sheriff for the sole purpose of serving civil process to carry deadly weapons"; which was referred to the Committee on Political Subdivisions 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. 454 - "A Bill to repeal §8-24-1, §8-24-2, §8-24-3, §8-24-4, §8-24-5, §8-24-6, §8-24-7, §8-24-8, §8-24-9, §8-24-10, §8-24-11, §8-24-12, §8-24-13, §8-24-14, §8-24-15, §8-24-16, §8-24-17, §8-24-18, §8-24-19, §8-24-20, §8-24-21, §8-24-22, §8-24-23, §8-24-24, §8-24-25, §8-24-26, §8-24-27, §8-24-28, §8-24-29, §8-24-30, §8-24-31, §8-24-32, §8-24-33, §8-24- 34, §8-24-35, §8-24-36, §8-24-37, §8-24-38, §8-24-39, §8-24-40, §8-24-41, §8-24-42, §8-24-43, §8- 24-44, §8-24-45, §8-24-46, §8-24-47, §8-24-48, §8-24-49, §8-24-50, §8-24-50a, §8-24-50b, §8-24- 51, §8-24-52, §8-24-53, §8-24-54, §8-24-55, §8-24-56, §8-24-57, §8-24-58, §8-24-59, §8-24-60, §8- 24-61, §8-24-62, §8-24-63, §8-24-64, §8-24-65, §8-24-66, §8-24-67, §8-24-68, §8-24-69, §8-24-70, §8-24-71, §8-24-72, §8-24-73, §8-24-73a, §8-24-73b, §8-24-73c, §8-24-73d, §8-24-74, §8-24-74a, §8-24-74b, §8-24-74c, §8-24-75, §8-24-76, §8-24-77, §8-24-78, §8-24-79, §8-24-80, §8-24-81, §8-24-82, §8-24-83, §8-24-84 and §8-24-85 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new chapter, designated §8A-1-1, §8A-1-2, §8A-2-1, §8A-2-2, §8A-2-3, §8A-2-4, §8A-2-5, §8A-2-6, §8A-2-7, §8A-2-8, §8A-2-9, §8A-2-10, §8A-2-11, §8A-3-1, §8A-3-2, §8A-3-3, §8A-3-4, §8A-3-5, §8A-3-6, §8A-3-7, §8A-3-8, §8A-3-9, §8A-3-10, §8A-3-11, §8A-3-12, §8A-3-13, §8A-3-14, §8A-4-1, §8A-4-2, §8A-4-3, §8A-4-4, §8A-4-5, §8A-4-6, §8A-4-7, §8A-5-1, §8A-5-2, §8A-5-3, §8A-5-4, §8A-5-5, §8A-5-6, §8A-5-7, §8A-5-8, §8A-5-9, §8A-5-10, §8A-5-11, §8A-5-12, §8A-6-1, §8A-6-2, §8A-6-3, §8A-7-1, §8A-7-2, §8A-7-3, §8A-7-4, §8A-7-5, §8A-7-6, §8A-7-7, §8A-7-8, §8A-7-9, §8A-7-10, §8A-7-11, §8A-7-12, §8A-7-13, §8A-8-1, §8A-8-2, §8A-8-3, §8A-8-4, §8A-8-5, §8A-8-6, §8A-8-7, §8A-8-8, §8A-8-9, §8A-8-10, §8A-8-11, §8A-8-12, §8A-9-1, §8A-9-2, §8A-9-3, §8A-9-4, §8A-9-5, §8A-9-6, §8A-9-7, §8A-10-1, §8A-10-2, §8A-10-3, §8A-10-4, §8A-10-5, §8A-11-1, §8A-11-2, §8A-12-1, §8A-12-2, §8A-12-3, §8A-12-4, §8A-12-5, §8A-12-6, §8A-12-7, §8A-12-8, §8A-12-9, §8A-12-10, §8A-12-11, §8A-12-12, §8A-12-13, §8A-12-14, §8A-12-15, §8A-12-16, §8A-12-17, §8A-12-18, §8A-12-19, §8A-12-20 and §8A-12-21, all relating to land-use planning; planning commissions; comprehensive plan; subdivision and land development ordinance; subdivision or land development plan and plat; improvement location permit; zoning; board of zoning appeals; appeal process; enforcement; penalties; special provisions; and voluntary farmland protection program"; which was referred to the Committee on Government Organization
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 456 - "A Bill to amend and reenact §12-4-14 of the code of West Virginia, 1931, as amended, relating to requiring state agencies administering funds or grants to notify grantees of certain audit reporting requirements; barring grantees not complying with reporting requirements from subsequently receiving funds or grants; and allowing audits to be filed electronically"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 482 - "A Bill to amend and reenact §49-5E-5a of the code of West Virginia, 1931, as amended, relating to reclassifying juvenile detention and corrections facility employees as classified service rather than classified-exempt service"; which was referred to the Committee on Government Organization 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

Com. Sub. for S. B. 484 - "A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to requiring motor vehicle license plates to contain a yellow outline of the state"; which was referred to the Committee on Roads and Transportation 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. 502 - "A Bill to amend and reenact §18-7B-7, §18-7B-9, §18-7B-11 and §18-7B-16 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7B-20, all relating to the rights of members of the teachers defined contribution retirement system; clarifying membership; permitting periodic payment distributions; prohibiting involuntary distributions; clarifying service credit for vesting and suspension account; and clarifying forfeiture money payment"; which was referred to the Committee on Pensions and Retirement 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

Com. Sub. for S. B. 508 - "A Bill to amend and reenact §29-1-3 of the code of West Virginia, 1931, as amended, relating to membership of the commission on the arts; and expenditure of moneys in the cultural facilities and capital resources matching grant program fund"; which was referred to the Committee on 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. 510 - "A Bill to amend and reenact §29-1A-1 of the code of West Virginia, 1931, as amended, relating to the commission on uniform state laws; increasing to ten the number on the panel from which the governor will select commissioners; and increasing the number of commissioners to five"; 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. 518 - "A Bill to amend and reenact §8-14-2a of the code of West Virginia, 1931, as amended; and to amend and reenact §8-15-10a of said code, all relating to policemen and firemen who are required to work during holidays; and compensation"; which was referred to the Committee on Political Subdivisions then the Judiciary.

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

S. B. 536 - "A Bill 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"; which was referred to the Committee on 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. 551 - "A Bill to amend and reenact §60-8-3, §60-8-6 and §60-8-18 of the code of West Virginia, 1931, as amended, all relating to the sale of wine; imposing an annual 25- dollar fee for licenses allowing wine to be shipped to adult residents from wineries and retailers who are licensed in their state of domicile; restrictions on shipment; collection and remittance of taxes; requiring adult signature; and allowing commissioner to revoke, suspend, place licensee on probation and impose a monetary penalty on licensee for violation of article or any rule promulgated or order issued by the commissioner"; 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. 554 - "A Bill to amend and reenact §44A-4-5 of the code of West Virginia, 1931, as amended, relating to continuing the guardianship or conservatorship of protected persons; and continuing the authority of a guardian or conservator for limited decisionmaking regarding the body of a deceased protected person"; 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. 564 - "A Bill to amend and reenact §30-3-12 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-20F-7 of said code, all relating to permitting a physician who allows his or her medical license to expire upon retirement to retain the original wall license issued by the board of medicine; exempting a physician holding an inactive license from payment of the assessment required for the physicians' mutual insurance company; board of medicine and board of osteopathy to notify physicians of payment of assessment; time for payment; physician may file for exemption; failure to pay assessment by the thirtieth day of June, two thousand four; suspension of license; reinstatement of license upon payment to the appropriate licensing board; and sunset provision"; 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. 569 - "A Bill to amend and reenact §44-5-15 of the code of West Virginia, 1931, as amended, relating to clarifying and preserving the irrevocability of trusts that have been drafted to be irrevocable"; 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. 616 - "A Bill to amend and reenact §22-1-9 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section designated §22- 3-33, all relating to the department of environmental protection generally; increasing the membership of the environmental protection advisory council; requiring that a meeting of the advisory council be called upon the written request of four members; requiring that the council timely receive an agenda and related materials for each meeting; allowing council members to submit rule-making suggestions to the secretary for consideration; establishing a new quality assurance and compliance advisory committee; and authorizing the committee to review coal mining permit procedures and processes"; 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. 624 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §6C-2-1, §6C-2-2, §6C-2-3, §6C-2-4, §6C-2-5 and §6C-2-6; and to amend and reenact §15-2C-1 and §15-2C-4 of said code, all relating to requiring state agencies and entities to conduct criminal and driving record checks when initially hiring employees and individuals seeking to provide services through personal service contracts; confidentiality; duties of the state police; promulgation of legislative rules by the division of personnel of the department of administration; central abuse registry; definitions; and disclosure of information"; 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. 629 - "A Bill to repeal §44-2-2 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §41-5-1a; to amend and reenact §44-1-1, §44-1-6 and §44-1-14a of said code; to amend said code by adding thereto a new section, designated §44-1-4a; and to amend and reenact §44-2-1 of said code, all relating to decedents and their estates generally; creating the 'Small Estate Probate Relief Act of 2004'; providing record notice of death; permitting personal representatives to qualify without appearing personally; eliminating administration of small uncontested estates of one hundred thousand dollars or less in assets exclusive of real estate assets; modifying the time of publication of notice of the filing of an appraisement; modifying the contents of notice of probate of estates; allowing estates having a value of one hundred thousand dollars to be probated without reference to a fiduciary commissioner; permitting county commissions to promulgate fees for fiduciary commissioners; and standardizing certain provisions governing probate which relate to fiduciary supervisors and county clerks"; 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. 631 - "A Bill to amend and reenact §19-15-1 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-15-16a, all relating to the West Virginia fertilizer law; definitions; and political subdivisions not to regulate packaging, labeling, sale, storage, distribution, use or application of fertilizers"; which was referred to the Committee on Agriculture and Natural Resources 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
S. B. 633 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §18B-2A-6 and §18B-2A-7, all relating to higher education; protecting as confidential electronic mail addresses in the system; and protecting against unwanted electronic mail to institutions of higher education"; which was referred to the Committee on Education 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
S. B. 636 - "A Bill to amend and reenact §18-7A-13a of the code of West Virginia, 1931, as amended, relating to employment of members of the teachers' defined benefit retirement system by institutions of higher education following the retirement of the member"; which was referred to the Committee on Education 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. 637 - "A Bill to amend and reenact §37-15-2, §37-15-3 and §37-15-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated section §37-15-3a; and to amend said code by adding thereto a new article, designated §55-3B-1, §55-3B-2, §55-3B-3, §55-3B-4, §55-3B-5 and §55-3B-6, all relating to real property; house trailers, mobile homes, manufactured homes and modular homes; definitions; written rental agreements; termination of tenancy; rules and regulations adopted by owner; remedies for wrongful occupation of factory-built home site; definitions; tenancy of factory-built home site; definitions; tenancy of factory-built home site; termination of tenancy; petition for summary relief for wrongful occupation of residential rental property; contents of petition; notice; hearing defenses; eviction; removal of factory-built home; duty of sheriff; appeal; failure of tenant to remove factory- built home; landlord's options; disposal of personal property; and storage and removal costs"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 645 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-2-4a, relating to providing a procedure for appointing an interim judge to the court of claims when a sitting judge is temporarily unable to serve"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 651 - "A Bill to amend and reenact §7-7-8 of the code of West Virginia, 1931, as amended, relating to the appointment and election of public officers generally; and precluding the use of a privately retained attorney to prosecute or assist in the prosecution of a criminal case"; 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. 653 - "A Bill to amend and reenact §51-9-4 of the code of West Virginia, 1931, as amended, relating to judges and justices generally; providing that a judge becoming eligible for retirement is not required to contribute to the retirement system; and clarifying that, for judicial retirement purposes, credited service includes certain time served as an elected or appointed prosecuting attorney, full-time assistant prosecuting attorney, municipal judge or qualified military service"; which was referred to the Committee on 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. 671 - "A Bill to amend and reenact §4-11A-4 and §4-11A-5 of the code of West Virginia, 1931, as amended, all relating to the appeal bond that master settlement agreement signatories must post to stay the execution of a judgment pending appeal; and providing for effective date of this amendment"; which was referred to the Committee on 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. 672 - "A Bill to amend and reenact §8-18-22 of the code of West Virginia, 1931, as amended; to amend and reenact §8-19-12a of said code; to amend and reenact §8- 20-10 of said code; and to amend and reenact §16-13-16 of said code, all relating to municipalities; public utility services; deposit required for new customers; payment for delinquency from deposit; reconnecting deposit; liens; discontinuance of service for delinquency; tenants; providing refund of deposit with interest; and requiring owners of property abutting municipal sewer to pay municipal sewer fees regardless of connection"; 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. 675 - "A Bill to amend and reenact §17-22-13, §17-22-15 and §17-22-16 of the code of West Virginia, 1931, as amended, all relating to the issuance of licenses and permits for outdoor advertising signs; increasing fees for licenses and permits; and establishing fees for inspections of signs and sign locations"; which was referred to the Committee on 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. 678 - "A Bill to amend and reenact §11-13A-3 of the code of West Virginia, 1931, as amended, relating to severance taxes generally; and providing that the reduced tax rate applies to underground mines producing coal from seams of less than thirty-two inches"; which was referred to the Committee on Finance.

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

S. B. 688 - "A Bill to amend and reenact §21A-1A-17 of the code of West Virginia, 1931, as amended, relating to the amount of wages an election official can receive in a calendar year that are not considered employment wages for unemployment compensation purposes"; 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. 697 - "A Bill to amend and reenact §24A-7-7 of the code of West Virginia, 1931, as amended, relating to authorizing the public service commission to delegate motor carrier inspector duties to weight enforcement officers and vice versa"; which was referred to the Committee on Roads and Transportation then the Judiciary.

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

Com. Sub. for S. B. 700 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-7-4a, relating to requiring all spending units make timely payments on invoices for telecommunications services; specifying when an invoice is determined to be received; requiring spending units to budget the costs of their telecommunications services; establishing a special revenue fund under the custody of the state treasurer for the purpose of making payments for telecommunications services and providing for payments in and out of the special fund; empowering the information services and communications division to discontinue telecommunications services to any spending unit or units which fail to comply with the requirements of this section; creating a dispute resolution procedure; empowering the secretary of administration to resolve disputes; authorizing legislative rules for the imposition of reasonable handling fees by the information services and communications division to spending units in order to recover the information services and communications division's cost of administration under this section; prohibiting the encumbrance of expenditure of funds for the salary of the head of spending units until the secretary of administration determines that payments or transfers are being made on a timely basis; and authorizing further legislative rules in order to effectuate the purpose of achieving timely and efficient payment for telecommunications services"; which was referred to the Committee on 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. 701 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5, §8-13C-6, §8-13C-7, §8-13C-8, §8-13C-9 and §8-13C-10; to amend and reenact §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; and to amend and reenact §11-10-3 of said code, all relating to authorizing a qualifying municipality to impose municipal occupational tax, municipal sales and service tax and use tax; establishing responsibilities of tax commissioner relating to municipal sales and service tax and municipal use tax; clarifying application of other state tax laws; creating qualifying municipal sales and service tax and use tax fund; providing tax rate apply to purchasers from printed catalogs; limiting use of the proceeds of the taxes to application toward the unfunded liability of certain pensions; citing instances where qualifying municipality loses certain taxing authority; addressing conflicts and unconstitutionality; and imposing criminal penalties for certain violations relating to municipal sales and service tax and use tax"; which was referred to the Committee on 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. 704 - "A Bill to repeal §29-21-12, §29-21-13 and §29-21-13a of the code of West Virginia, 1931, as amended; and to amend and reenact §29-21-3, §29-21-6, §29-21-8, §29-21-9, §29-21-10 and §29-21-11 of said code, all relating to public defender services; continuing public defender services; creating the indigent defense commission; specifying members and their terms; transferring powers and duties of agency to the executive director; authorizing the executive director to reduce or reject vouchers; removal of public defender corporation board members; activation of corporations; permitting the employment of both full-time and part-time attorneys; changing the manner of appointment of panel attorneys; removing the sections relating to public defender corporations' funding; requiring corporations to submit budget; authorizing amended funding contracts; providing for payment of fees to panel attorneys; and requiring services provided to public defender corporations"; 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. 705 - "A Bill to amend and reenact §60A-1-101 of the code of West Virginia, 1931, as amended, relating to removing the personal use exception for the criminal offense of manufacturing a controlled substance"; 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. 709 - "A Bill to amend and reenact §12-3-10a, §12-3-10b, §12-3-10c, §12-3-10d and §12-3-10e of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-3-10g, all relating to the purchasing card program; providing for additional internal controls and procedures; requiring training; modifying criminal penalties; modifying fees; expanding the purchasing card advisory committee; centralizing control in the auditor's office; setting effective dates; and authorizing emergency rules"; which was referred to the Committee on Government Organization then Finance.

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

S. B. 718 - "A Bill to amend and reenact §30-21-8 and §30-21-9 of the code of West Virginia, 1931, as amended, all relating to authorizing the board of examiners of psychologists to set fees by rule"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 721 - "A Bill to amend and reenact §18B-12A-2, §18B-12A-3 and §18B-12A-6 of the code of West Virginia, 1931, as amended, all relating to allowing agreements between a center for economic development and technology advancement and more than one doctoral institution; and correcting subdivision reference"; which was referred to the Committee on Education.

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

S. B. 724 - "A Bill to amend and reenact §22-11-7b of the code of West Virginia, 1931, as amended; and to amend and reenact §22B-3-2 and §22B-3-4 of said code, all relating to water quality standards generally; transferring authority to propose rules relating to water quality standards from the environmental quality board to the department of environmental protection; providing that the current rule remains in force and effect until amended by the department of environmental protection; establishing some requirements for water protection; providing that meetings to develop water quality standards be open with certain exceptions; and continuing the authority of the environmental quality board to issue remining variances"; which was referred to the Committee on the Judiciary.

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

S. B. 726 - "A Bill to amend and reenact §31-16-5 of the code of West Virginia, 1931, as amended, relating to continuation of the steel advisory commission and steel futures program"; which was referred to the Committee on Government Organization.

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

S. B. 727 - "A Bill to reform, alter and modify the county commission of Hampshire County under the provisions of section 13, article IX of the constitution of West Virginia"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 728 - "A Bill to amend and reenact §22-11-3 of the code of West Virginia, 1931, as amended, relating to adding a definition of fill material to the water pollution control act"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 731 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-11, relating to the promulgation of rules by the department of administration for compliance standards on all property leased by the state"; which was referred to the Committee on Government Organization then the Judiciary.


Resolutions Introduced


Delegates Staton and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 74 - "Requesting the Division of Highways name the bridge on Route 54, milepost 1.00 in Wyoming County the 'Charles S. "Charlie Boy" Stump, Jr. Memorial Bridge'."

Whereas, Charles S. "Charlie Boy" Stump, Jr. was a lifelong resident of Wyoming County who was well-known and loved in the county and the state and who raised four daughters while contributing his time, efforts and money to many worthwhile work, church and community projects; and

Whereas, Charles S. Stump, Jr. was a 1961 graduate of Mullens High School, who was active in academics and sports, playing football, baseball and basketball and who was voted "most popular" in his graduating class. Upon graduating from high school, Charles S. Stump, Jr. attended West Virginia University, where he was a member of the fraternity Delta Tau Delta and from which he graduated in 1966 with a degree from the West Virginia School of Pharmacy; and

Whereas, Charles S. Stump, Jr. was a dedicated health care professional who began his career by practicing with his father at Stump Drug Company, and who opened his own pharmacy, Charlie's Pharmacy, in 1983 and a second pharmacy in Pineville in 1994. Charles S. Stump, Jr. dedicated his life to serving his community by running a truly hometown pharmacy, providing after- hours service and personal delivery of medication to patients in need. Charles S. Stump, Jr. demonstrated his outstanding commitment to both his community and health care when, in the aftermath of the flood of 2001 he delivered medication door to door in Mullens; and

Whereas, Charles S. Stump, Jr. was a devoted Baptist and a member of Highland Avenue Baptist Church in Mullens. Affectionately known as "Papa Charlie" by his grandchildren, Charles S. Stump, Jr. was always present at his grandchildren's games and was always first to call on birthday mornings; and

Whereas, It is fitting that this bridge, as requested by his family, friends, coworkers and neighbors, be named for this true West Virginia gentleman, businessman, community leader and healthcare professional who touched so many lives and left his mark on the hearts of all who knew him; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the bridge on Route 54, milepost 1.00 in Wyoming County the "Charles S. 'Charlie Boy' Stump, Jr. Memorial Bridge"; and, be it

Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Charles S. 'Charlie Boy' Stump, Jr. Memorial 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 Secretary of the Department of Transportation and to the family of Charles S. Stump, Jr.

Mr. Speaker, Mr. Kiss, and Delegates Stemple, Cann, Amores, Anderson, Armstead, Ashley, Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Canterbury, Caputo, Carmichael, Caruth, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker, Staton, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White, Williams, Wright and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 75 - "Requesting the Governor to take suitable public notice each year of the month of June as 'Mountain Bike Month'."

Whereas, Cycling is a popular and health benefiting activity throughout the year for thousands of West Virginia citizens; and

Whereas, Cycling by mountain bike on West Virginia's mountain trails throughout the warm weather season is not only a healthful experience but also one of exhilaration from the vast beauty of the thick foliage and expansive vistas of the mountains and valleys of this state; and

Whereas, The state itself benefits greatly from the many visitors who travel and linger here to join in the thrill of experiencing the wonder and beauty of West Virginia; and

Whereas, It is appropriate that the Governor comment upon the significance of mountain biking and call upon the citizens of the state to participate in this singular experience; and

Whereas, It serves the public interest for the Governor to emphasize the benefits of mountain biking, both from an aspect of health and from the aspect of being rewarded for living in this wondrous place; and

Whereas, It is appropriate for the Governor to remind the citizens of the state of policies with respect to improving and extending our many biking trails and increase awareness that this process also serves to influence and enhance the state's attractiveness to the touring public; and

Whereas, It is requested that the Governor will ensure that sufficient funds are provided in his budget to advertise the month of June as "Mountain Bike Month" through public service media announcements and through promotion through the Division of Motor Vehicles and private not-for- profit organizations, and state supported activities across the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor take suitable public notice of the month of June as "Mountain Bike Month"; and, be it

Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Governor of the state and to the Capitol Press Corps.

Delegates Doyle, Manuel, Caputo and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 20 - "Urging the County Commission of Jefferson County to take all reasonable steps to save and preserve the historic Jefferson County Jail."

Whereas, The historic Jefferson County Jail, on George Street, in Charles Town, West Virginia, has figured prominently in the history of West Virginia and the history of the organized labor movement in the United States of America, being the location of the booking and pre-trial detention of William Blizzard, the "miners' general" at the famed Battle of Blair Mountain, and some of his associates, at their trial, for treason, in Charles Town in 1922; and,

Whereas, The said historic jail is integral to the streetscape of downtown Charles Town; therefore, be it

Resolved by the House of Delegates:

The House of Delegates urges the County Commission of Jefferson County to seriously consider the value of this structure to the history, and, therefore, the tourism potential, of Jefferson County and West Virginia.


Consent Calendar

Second Reading


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

S. B. 199, Relating to appointments to commission for deaf and hard-of-hearing,
S. B. 296, Continuing center for professional development board,


And,
S. B. 471, Continuing state board of risk and insurance management.


The following bills on second reading, coming up in regular order, were, on motion of Delegate Staton, laid upon the table:
H. B. 2237, Adding a magistrate in Wood County,

H. B. 4048, Updating references to the university of West Virginia board of trustees and the state college system board of directors with current reference to the higher education policy commission,
H. B. 4446, Modifying various procedures related to motor vehicle mandatory insurance,
H. B. 4515, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings,
H. B. 4585, Permitting the use of speaker phones or other electronic means unless specifically prohibited by articles of incorporation or bylaws,

And,
H. B. 4613, Relating to the employment of home incarceration supervisors.


First Reading

The following bills on first reading, coming up in regular order, were, on motion of Delegate Staton, laid upon the table:
Com. Sub. for H. B. 4534, Providing a procedure to permit owners of mobile homes to obtain cancellation of certificates of title when the mobile home is permanently attached to the owner's real estate,
Com. Sub. for H. B. 4686, Making a technical correction to language dealing with fires being built on public and private roads,

And,
Com. Sub. for H. B. 4718, Establishing a three-year pilot project in Berkeley County creating a volunteer litter reporting program.


Special Calendar

Third Reading

The following bills on third reading, coming up in regular order, were, on motion of Delegate Staton, laid upon the table:
Com. Sub. for H. B. 2323, Establishing a division of school personnel within the state department of education,
Com. Sub. for 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,
Com. Sub. for H. B. 2950, Modernizing captive insurance law to remain competitive with states which presently contract such business,
H. B. 4059, Distributing net terminal income of racetrack video lottery terminals from reduced distributions to the tourism development fund,
Com. Sub. for H. B. 4342, Exempting prescription drugs and insulin from the consumers sales tax when sold to patients,
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. 4420, Requiring health insurance plans to cover the cost of contraceptives for their participating members,
Com. Sub. for H. B. 4440, Permitting certain officers and state employees to waive their salaries,
H. B. 4444, Discontinuing early childhood education programs except for children with certain disabilities,
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,

Com. Sub. for H. B. 4697, Exempting from taxation property used exclusively for retirement homes,
Com. Sub. for H. B. 4712, Providing autonomy and operating flexibility to certain higher education institutions,
H. B. 4741, Limiting number of video lottery terminals that certain fraternal societies and veterans' organizations may be authorized to have on the premises,

And,
H. B. 4744, Relating to higher education fees and academic programs, accreditation of institutions of higher education and standards for achieving university status,


Second Reading

The following joint resolution and bills on second reading, coming up in regular order, were, on motion of Delegate Staton, laid upon the table:
H. J. R. 113, Statewide Location of Government Offices Amendment,
Com. Sub. for H. B. 4005, Creating a special revenue fund for the operation of the education and state employees grievance board,

And,
Com. Sub. for H. B. 4269, Establishing the offense of setting fires in a public right of way as arson in the fifth degree.


First Reading


H. B. 4485
, Providing that accessible parking violations will be considered motor vehicle violations and criminal offenses for certain penalty and record keeping purposes; on first reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.


Miscellaneous Business


Delegate DeLong asked and obtained unanimous consent that the remarks of Delegate Staton regarding the controversy which had arisen relative to the widely publicized salary of the director of the Wyoming Council on Aging be printed in the Appendix to the Journal.

At 12:20 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 12:00 p.m., Friday, March 5, 2004.