__________*__________

Friday, March 5, 2004



The House of Delegates met at 12:00 o'clock Meridian, and was called to order by the Speaker.

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

The Clerk proceeded to read the Journal of Thursday, March 4, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


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

Your Committee on Government Organization has had under consideration:

S. B. 100, Prohibiting state and political subdivisions from contracting with vendors owing debt,

And,

S. B. 576, Continuing state rail authority,

And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that they each do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (S. B. 100 and S. B. 576) will be placed on 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:

S. B. 469, Continuing interstate commission on uniform state laws,

And,

S. B. 470, Continuing real estate appraiser licensing and certification board,

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

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (S. B. 469 and S. B. 470) will be placed on the Consent Calendar.

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

Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 181, Permitting retired state police to carry concealed weapon for life,

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

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for S. B. 181) will be placed on the Consent Calendar.

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

Your Committee on the Judiciary has had under consideration:
Com. Sub for S. B. 208, Allowing state police to engage in certain political activities while off duty and out of uniform,

And,
S. B. 506, Permitting use of "bank" in name of licensed insurance company,

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

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (Com. Sub. for S. B. 208 and S. B. 506) will be placed on 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:
S. B. 717, Terminating agencies following full performance evaluations,

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

In accordance with the former direction of the Speaker, the bill (S. B. 717) was referred to the Committee on Government Organization.

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

By Delegates Michael, Doyle, Leach, Campbell, Stalnaker, Warner and Proudfoot:

H. B. 4748 - "A Bill making a supplementary appropriation in the state excess lottery revenue fund, to the lottery commission - refundable credit, fund 7207, fiscal year 2004, organization 0705, supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"

By Delegates Michael, Anderson, Boggs, Cann, Frederick, Ashley and Warner:

H. B. 4749
- "A Bill supplementing, amending and increasing items of the existing appropriations from the state road fund to the department of transportation, division of highways, fund 9017, fiscal year 2004, organization 0803, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand four,"

By Delegates Anderson, Ashley, Border, Carmichael, Evans, Hall and G. White:

H. B. 4750 - "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of education - state department of education, fund 8712, fiscal year 2004, organization 0402, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"

And,

By Delegates Michael, Doyle, Leach, Boggs, Browning, Cann and Houston:

H. B. 4751
- "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of military affairs and public safety - adjutant general - state militia, fund 8726, fiscal year 2004, organization 0603, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four."

Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

S. B. 631, Relating to state fertilizer law,

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 the Judiciary be dispensed with.

In the absence of objection, reference of the bill (S. B. 631) to the Committee on the Judiciary was abrogated.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 631) will be placed on the Consent Calendar.

Chairman Pethtel, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:

Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:

S. B. 71, Relating to verifying legal employment status of workers employed in state,

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

In accordance with the former direction of the Speaker, the bill (S. B. 71) was referred to the Committee on the Judiciary.

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:

S. B. 501, Relating to disqualification for public retirement plan benefits; other provisions,

And,

S. B. 502, Relating to rights of members of teachers defined contribution retirement system,

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

In accordance with the former direction of the Speaker, the bills (S. B. 501 and S. B. 502) were each referred to the Committee on Finance.


Messages from the Executive


Mr. Speaker, Mr. Kiss, presented a report from the Joint Committee on Government and Finance, which was read by the Clerk as follows:



Joint Committee on Government and Finance

West Virginia Legislature

State Capitol

Charleston, WV


March 1, 2004


West Virginia Legislature
Charleston, West Virginia

Ladies and Gentlemen:


The Joint Committee on Government and Finance submits this report on studies and other matters it authorized to be made between the 2003 and 2004 regular sessions of the Legislature.


A.
The Joint Committee on Government and Finance authorized the following subcommittees:


  1. Agriculture and Agri-business Committee


  1. Insurance Availability and Medical Malpractice Insurance Committee


  1. Juvenile Foster Care, Detention and Placement Task Force


  1. Parks and Recreation Subcommittee


5.
Post Audits Subcommittee


  1. Joint Committee on Technology


7.
Select Committee A - Water Issues


8. Select Committee B - Minority Issues

  1. Select Committee C - Turnpike/Wireless Phone and 911 Services
  2. Select Committee D - Surface Mining

  3. Select Committee on State Aid to Schools



B.
The Joint Committee on Government and Finance received reports from the following:


  1. Agriculture and Agri-business Committee


  1. Commission on Interstate Cooperation


  1. Joint Commission on Economic Development


  1. Legislative Oversight Commission on Health and Human Resources Accountability


  1. Insurance Availability and Medical Malpractice Insurance Committee


  1. Parks and Recreation Subcommittee


  1. Legislative Oversight Commission on Workforce Investment for Economic Development


  1. Joint Committee on Technology


  1. Select Committee B - Minority Issues

  2. Select Committee C - Turnpike/Wireless Phone and 911 Services
  3. Select Committee D - Surface Mining

  4. Joint Standing Committee on Finance



C.
The Joint Committee on Government and Finance received statutorily required reports from the following:


1.
West Virginia Forest Management Review Commission


2.
Equal Pay Commission



D.
The Joint Committee on Government and Finance assigned studies to its subcommittees and to statutory committees/commissions as follows:


  1. Agriculture and Agri-business Committee



Costs and benefits associated with deer population

Aquaculture

Deer Farming

  1. Joint Commission on Economic Development



Tax modification


Workers' Compensation

Tamarack missions and objectives

Double stacking rail containers through Southern West Virginia

Public private highway construction projects

Hatfield-McCoy Trail connection into Chief Logan Park

Job development initiatives for Promise Scholarship recipients

Prospects of merging Charleston and Huntington metropolitan statistical areas by 2010


Movement toward a digital economy

Watershed development plan for Southern West Virginia

WV TVA for Southern West Virginia

  1. Legislative Oversight Commission on Health and Human Resources Accountability



Need for creating forensic science task force

Establishing residential community for senior citizens

Medicaid Waiver Program

Shortage of qualified nursing personnel to be involved in various studies

Condition of the mental health plan in regard to organization and availability of services


Study whether working cooperatively with providers of HUD housing would decrease the unnecessary institutionalization of elderly individuals


Cost and effectiveness of the Medicaid Program preferred drug list


  1. Insurance Availability and Medical Malpractice Insurance Committee



Benefits of captive insurance companies and the most effective means of regulating these entities


Availability and affordability of automobile insurance in West Virginia

Availability and affordability of commercial, property and casualty insurance

  1. Juvenile Foster Care, Detention and Placement Task Force



Juvenile Foster Care System

  1. Parks, Recreation and Natural Resources Subcommittee



Single hunting, fishing and trapping license


  1. Select Committee A - Water Issues



Protection of water supply

  1. Select Committee B - Minority Issues



High unemployment rate and other socioeconomic problems confronting African Americans in this state


  1. Select Committee C - Turnpike/Wireless Phone and 911 Services



Traffic control on turnpike and certain highways


Wireless Phone and 911 Services

  1. Select Committee D - Surface Mining



Rules and policies of Office of Surface Mining Reclamation and Enforcement

  1. Joint Committee on Technology



Use, benefits and management of technology as it impacts the Legislature

Examining how the Legislature might operate more efficiently and effectively through the use of computers and communication technology



E.
The Joint Committee on Government and Finance referred adopted study resolutions and other areas of study as listed below to the following standing committees it authorized to meet between the 2003 and 2004 regular sessions of the Legislature:


1.
Joint Standing Committee on Education



Economically feasible methods to provide access to library services for citizens living in remote areas


Grievance procedures for public school employees

School transportation

Changing role of school counseling and potential impact of counselors on students in the public schools of the state


2.
Joint Standing Committee on Finance



Subcommittee A - Reorganizing executive branch of government; newborn health screening


Subcommittee B - Impact of tax base of local governments when private lands are converted to parks or forests; legislative budgetary controls


Subcommittee C - Governmental purchasing system


3.
Joint Standing Committee on Government Organization




Subcommittee A - County and municipal and-use planning; powers, duties and functions of the governor's cabinet on children and families


Subcommittee B - Wheelchair accessible ramps and covered walkways to wings of State Capitol; planning safe evacuation of people with disabilities from State Capitol Complex; state's vital statistics system


Subcommittee C - Feasibility of developing and maintaining a central abuse registry; feasibility of establishing a statewide trail coordinator to promote tourism and economic development; Chapter 30 Licensing Board issues


4.
Joint Standing Committee on the Judiciary



Subcommittee A - Teenage in-vehicle alcohol and drug use; hospital overtime policies; all-terrain vehicles; regulation of licensed health care professions; annexation laws


Subcommittee B - Improving Department of Transportation employee handbook; administration of estates; payday advances and lending; clean elections; sustainable business program


Subcommittee C - Bail bondsmen; state response to acts of terrorism; expungement of first offender records; identity conversions; polygraph testing for sex offenders


5.
Joint Standing Committee on Pensions and Retirement


Converting teachers' retirement system to defined benefit retirement system


Retirement programs for certain employees

Feasibility of providing retirement programs for various state agencies


F.
The Joint Committee on Government and Finance authorized combined internship programs as follows:


Legislative Intern Committee - Frasure-Singleton Intern Program; Graduate Student Intern Program (Walter Rollins Scholars Intern Program and Robert W. Burk, Jr. Student Intern Program) ; Herndon Legislative Fellows Program



G.
The Joint Committee on Government and Finance also received monthly and quarterly status reports on the following:


Board of Risk and Insurance Management


Children's Health Insurance Program

Lottery
Medicaid


Public Employees Insurance Agency


State's General Revenue Fund

Unemployment Compensation Trust Fund

Welfare Reform

Workers' Compensation Trust Fund



Post audit reports released by the Post Audits Subcommittee are on file in the Post Audit Division of the Legislative Auditor's Office. Other reports are on file in the Legislative Manager's Office.

Respectfully submitted,


Earl Ray Tomblin,

President of the Senate


Robert S. Kiss,

Speaker of the House of Delegates


Cochairs, Joint Committee on

Government and Finance.



Messages from the Senate


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

H. B. 4560, Requiring that firefighters and security guards employed by the adjutant general of the national guard be members of the national guard.

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. 67, Designating March 3rd, 2004 as "Disability Awareness Day".

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. 73, Designating Thursday, March 4, 2004, as "Friends of Coal Day" at the State Capitol.

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

Com. Sub. for S. B. 500, Relating to fees for agents selling hunting and fishing licenses.
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. 563 - "A Bill to amend and reenact §5-10-2, §5-10-17, §5-10-21, §5-10-23, §5-10-26, §5-10-27 and §5-10-44 of the code of West Virginia, 1931, as amended, all relating to the rights of members to select a plan beneficiary; requiring certification of disability and copy of tax return from those persons receiving disability retirement payments; providing that interest is to be included in the calculation of terminal benefits payable as the result of death of retired participants; alphabetizing definitions; defining service credit for certain employees; adding definition of 'employer error'; and providing guidance on correcting employer errors."

At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 563) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.


Consent Calendar

Third Reading


The following bills on third reading, coming up in regular order, were each read a third time:
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.


On the passage of the bills, the yeas and nays were taken (Roll No. 455), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent And Not Voting: Cann, Coleman, Fragale, Iaquinta and Swartzmiller.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (S. B. 199, S. B. 296 and S. B. 471) passed.

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


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Coleman, Fragale, Iaquinta and Swartzmiller.

At 12:52 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Monday, March 8, 2004.