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Tuesday, March 9, 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 Monday, March 8, 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 Ninth Order of Business for the purpose of considering a resolution on Unfinished Business.


Unfinished Business

H. C. R. 57, Expressing the full support of the West Virginia Legislature for the Republic of China on Taiwan to be permitted to appropriate and meaningful participation in activities of the World Health Organization ; coming up in regular order, as unfinished business, was read by the Clerk and adopted.

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


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. 53, Requesting a conduct a study on fraudulent sales of durable medical equipment to West Virginia's seniors,

H. C. R. 74, Naming the bridge on Route 54, in Wyoming County, the "Charles S. 'Charlie Boy' Stump, Jr. Memorial Bridge",

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

S. C. R. 48, Requesting Joint Committee on Government and Finance study training and educational needs related to Alzheimer's disease and related dementias,

And,

S. C. R. 57, Requesting Joint Committee on Government and Finance study need for adult day care, congregate respite and in-home services for persons with Alzheimer's,

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

Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

S. B. 605, Relating to child fatality review teams,

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. 605) was referred to the Committee on the Judiciary.

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. 327, Authorizing department of administration to promulgate legislative rules,

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. 327) 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. 672, Relating to municipalities' right to collect public utility fees,

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

In the absence of objection, reference of the bill (Com. Sub. for S. B. 672) to the Committee on Finance was abrogated.

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. 672) 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. 125, Permitting solicitation of certain state employees for contributions to certain campaigns in local or county elections,

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

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

Your Committee on the Judiciary has had under consideration:
S. B. 450, Relating to long-term care insurance policies,

And,
S. B. 558, Making misuse of power of attorney or fiduciary relationship crime,

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. 450 and S. B. 558) 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:
S. B. 319, Relating to centers for housing young adult offenders,

And,
S. B. 645, Appointing interim judges to court of claims,

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. 319 and S. B. 645) 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:
S. B. 722, Repealing section prohibiting giving away or selling liquor in buildings where boxing is held,

And reports the same back with the recommendation that it do pass.

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

Your Committee on the Judiciary has had under consideration:
S. B. 406, Relating to victim notification of defendant's release,

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 (S. B. 406) 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 given further consideration to:
S. B. 479, Relating to licensing foreign insurers,

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 (S. B. 479) 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. 720, Relating to unused state private activity bond volume cap,

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

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 720) will be placed on the Consent Calendar.

Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:

Your Committee on Political Subdivisions has had under consideration:

Com. Sub. for S. B. 518, Relating to policemen and firemen required to work during holidays; compensation,

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

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 518) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.

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. 482, Reclassifying juvenile detention and corrections facility employees,

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

In the absence of objection, reference of the bill (S. B. 482) to the Committee on Finance 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. 482) 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. 536, Relating to claims against state,

And,

S. B. 321, Providing personal income tax adjustment to gross income of certain retirees,

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. 536 and S. B. 321) will be placed on the Consent Calendar.


Messages from the Executive


Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Education and State Employees Grievance Board, in accordance with section five, article six-a, chapter eighteen of the code; which was filed in the Clerk's Office.


Messages from the Senate


A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendments to the House amendments and requested the House of Delegates to agree to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses as to

S. B. 448, Relating to higher education advisory boards generally.

The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

Senators Plymale, Edgell, Unger, Hunter and Boley.

On motion of Delegate Staton, the House of Delegates agreed to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses.

Whereupon,

The Speaker appointed as conferees on the part of the House of Delegates the following:

Delegates Mezzatesta, Williams, Stemple, Tabb and Romine.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title, as follows:

S. C. R. 82 - "Suspending Joint Rule No. 5, providing for consideration of S. B. 734, Extending time for town council of Smithers to meet as levying body for election of additional levy."

Resolved by the Legislature of West Virginia, two thirds of all the members present and voting in each house agreeing thereto:

That the provisions of Rule No. 5 of the Joint Rules of the Senate and House of Delegates are hereby suspended for the express purpose of consideration of Senate Bill No. 734.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (S. C. R. 82) to a committee was dispensed with, and it was taken up for immediate consideration and put upon its adoption.

On the adoption of the resolution, the yeas and nays were taken (Roll No. 459), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent And Not Voting: Coleman and Doyle.
So, two thirds of the members present and voting having voted in the affirmative, the Speaker declared the resolution (S. C. R. 82) adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

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. 734 - "A Bill extending the time for the town council of Smithers to meet as a levying body for the purpose of presenting to the voters of the town an election to continue an additional town levy for solid waste services and retirement benefits from between the seventh and twenty- eighth days of March and the third Tuesday in April until the thirty-first day of May, two thousand four."

At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 734) to a committee was dispensed with.


Resolutions Introduced


Delegates Morgan, Smirl, Beach, Leach, Craig, Houston and Michael offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 78 - "Requesting the Joint Committee on Government and Finance conduct a study to determine effects of exempting property belonging to or leased to a corporation that is exempt from federal income taxes under section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, that is used to provide independent, assisted living services and other health related services for elderly residents as found in Committee Substitute for House Bill 4697 (2004 Regular Session)."

Whereas, Persons 65 years of age or older numbered 35.6 million in 2002 in the U.S. They represented 12.3% of the U.S. population, about one in every eight Americans. Since 1992 the number of Americans aged 45-64 who will reach 65 years of age over the next two decades - increased by 38%; and

Whereas, According to the 2000 census of population, the percentage of West Virginians over the age of 65 was 15.3% as compared to 12.4% nationally; and

Whereas, It is essential that additional community based living and health care resources be made available to meet the future needs for services by the growing elderly population in this state; and

Whereas, Nonprofit organizations that provide independent, assisted living and health care services may prevent or delay health problems, nursing home care and the additional expenses to the state as a result; and

Whereas, Exempting property being used by nonprofit organizations to provide independent, assisted living and other health services from taxation will encourage expansion of these services, which in turn will help the elderly in this state to live more healthy and independent lives; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance conduct a study to determine effects of exempting property belonging to or leased to a corporation that is exempt from federal income taxes under section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, that is used to provide independent, assisted living services and other health related services for elderly residents as found in Committee Substitute for House Bill 4697 (2004 Regular Session); and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.


Consent Calendar

Second Reading

S. B. 100, Prohibiting state and political subdivisions from contracting with vendors owing debt; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two, section ten-a, line six, preceding the words "workers' compensation", by inserting the word "defaulted".

The bill was then ordered to third reading.
Com. Sub. for S. B. 181, Permitting retired state police to carry concealed weapon for life; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, after the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-25. Rules generally; carrying of weapons upon retirement or medical discharge.

Subject to the written approval of the governor and the provisions of this article, the superintendent may make and promulgate proper rules and regulations for the government, discipline and control of the division of public safety West Virginia state police and shall also cause to be established proper rules and regulations for the examinations of all applicants for appointment thereto. The members of the division of public safety West Virginia state police shall be permitted to carry arms and weapons and no license shall may be required for such the privilege.

Upon retirement or medical discharge from the division of public safety West Virginia state police and with the written consent of the superintendent, any retired or medically discharged member may carry a handgun for a period of five years the life of the member following retirement or medical discharge notwithstanding the provisions of article seven, chapter sixty-one of this code: Provided, That the superintendent's written letter of consent to carry a handgun may not last for more than five years at a time, and a retired or medically discharged member who wishes to continue to carry a handgun beyond five years of the date of his or her initial retirement or medical discharge must request and obtain a renewal of the superintendent's written permission to carry a handgun at least once every five years. A retired or medically discharged member desiring to carry a handgun after retirement or medical discharge must provide his or her own handgun. If, upon retirement or medical discharge, a member elects to carry a handgun as provided herein, the division of public safety shall maintain and pay for the bond required under the provisions of section five of this article for five years following such the member's retirement or medical discharge. Upon request, each member shall be presented with a letter of authorization signed by the superintendent authorizing the retired or medically discharged member to carry a handgun. and the The written authorization shall be carried by the retired or medically discharged member at all times that he or she has a handgun on his or her person. The superintendent may not issue a letter of authorization to any retired or medically discharged member who is no longer employed by the state police due to a mental disability or who the superintendent has reason to believe is mentally incapacitated to the extent it would present a threat of physical harm to one or more persons for the member to carry a concealed weapon. The superintendent may revoke the authority at any time without cause and without recourse. Conviction of the retired or medically discharged member for the commission of any felony or for a misdemeanor involving the improper or illegal use of a firearm shall cause this authority to terminate immediately without a hearing or other recourse and without any action on the part of the superintendent. The superintendent shall promulgate a legislative rule in accordance with the provisions of chapter twenty-nine-a of this code, which rule shall prescribe requirements necessary for the issuance and continuance of the authority herein granted. The authority granted herein shall be for a period of five years immediately following retirement or medical discharge and shall not be renewed or extended for a longer term."

The bill was then ordered to third 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. 469, Continuing interstate commission on uniform state laws,
S. B. 470, Continuing real estate appraiser licensing and certification board,

And,
S. B. 506, Permitting use of "bank" in name of licensed insurance company.
S. B. 576, Continuing state rail authority; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two, section twenty-four, line four, by striking out the word "six" and inserting in lieu thereof the word "ten".

The bill was then ordered to third reading.


First Reading


The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 160, Extending time to appropriate money from public employees insurance agency reserve fund to bureau of medical services,
Com. Sub. for S. B. 420, Relating generally to motor fuels excise tax,
S. B. 517, Relating to standard nonforfeiture law for individual deferred annuities,
S. B. 575, Continuing motor vehicle dealers advisory board,
S. B. 577, Continuing board of registration for foresters,

S. B. 578, Continuing design-build board,

And,

S. B. 671, Clarifying appeal bond procedures relating to master tobacco settlement.


Special Calendar

Unfinished Business

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; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 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 ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 58, Naming the new Watson Bridge, over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Jim Costello Memorial Bridge" ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 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 ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. C. R. 60, Designating Route 19/25 near Sutton, Braxton County, as "Tiffany Jackson Drive" in memory and honor of Tiffany Elaine Jackson ; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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


Third Reading

S. B. 563, Relating to public employees retirement act; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 460), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Coleman, Mezzatesta and Swartzmiller.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 563) passed.

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

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 public employees retirement system; rights of members to select a plan beneficiary; requiring annual physician review and annual statement of earnings 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; increasing look back period in definition of final average salary; adding definitions of 'accumulated net benefit' and 'employer error'; providing guidance on correcting employer errors and making technical corrections. "
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 4748, Supplemental appropriation in the state excess lottery revenue fund, to the lottery commission - refundable credit,
H. B. 4749, Supplementing, amending and increasing items of the existing appropriations from the state road fund to the department of transportation, division of highways,
H. B. 4750, Supplemental appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated to the department of education - state department of education,

And,
H. B. 4751, Supplemental appropriation to the department of military affairs and public safety - adjutant general - state militia.


First Reading


The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for S. B. 176, Relating to investments and investment practices of insurance companies,
Com. Sub. for S. B. 208, Allowing state police to engage in certain political activities while off duty and out of uniform,
S. B. 286, Relating to assessment of regulated consumer lenders,
Com. Sub. for S. B. 431, Establishing Interstate Insurance Product Regulation Compact,
S. B. 631, Relating to state fertilizer law,
Com. Sub. for S. B. 694, Establishing Fairness in Competitive Bidding Act,
S. B. 697, Delegating motor carrier inspector duties to weight enforcement officers,
H. B. 4752, Supplemental appropriation to the department of tax and revenue - division of banking,
H. B. 4753, Supplemental appropriation to the department of environmental protection - division of environmental protection - stream restoration fund,
H. B. 4754, Supplemental appropriation to the department of transportation - division of motor vehicles,
H. B. 4755, Supplemental appropriation to a new item of appropriation designated the coal heritage highway authority,
H. B. 4756, Supplemental appropriation to the West Virginia state board of examiners for licensed practical nurses,
H. B. 4757, Supplemental appropriation to the department of military affairs and public safety - division of criminal justice services,
H. B. 4758, Supplemental appropriation to the department of military affairs and public safety - division of criminal justice services - juvenile accountability incentive,

And,
H. B. 4759, Imposing an alternative minimum personal income tax for each taxable year on the West Virginia taxable income of every individual meeting certain criteria.


Leaves of Absence

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

At 12:07 p.m., on motion of Delegate Staton, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
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Evening Session

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


Committee Reports


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

Your Committee on Finance has had under consideration:

Com. Sub. for S. B. 404, Clarifying term "behavioral health services"; removing "community care services",

Com. Sub. for S. B. 508, Relating to commission on arts,

And,

S. B. 719, Increasing tax on providers of nursing facility services,

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 (Com. Sub. for S. B. 404, Com. Sub. for S. B. 508 and S. B. 719) will be placed on the Consent Calendar.

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, Hall, Cann, Warner, Leach, Ashley and Proudfoot:

H. B. 4760 - "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 governor's office - office of economic opportunity, fund 8797, fiscal year 2004, organization 0100, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four,"

And,

By Delegates Michael, Stalnaker, Boggs, Border, R. M. Thompson, Houston and Leach:

H. B. 4761
- "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand four, to the department of agriculture - donated food fund, fund 1446, fiscal year 2004, organization 1400, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four."

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

Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 161, Creating Model Health Plan for Uninsurable Individuals Act,

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

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

Your Committee on the Judiciary has had under consideration:

S. B. 316, Providing procedures for determining daily cost for certain inmates,

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

In the absence of objection, reference of the bill (S. B. 316) to the Committee on Finance 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. 316) 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. 350, Authorizing bureau of commerce to promulgate legislative rules,

And,
Com. Sub. for S. B. 399, Authorizing miscellaneous boards and agencies to promulgate legislative rules,

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 (Com. Sub. for S. B. 350 and Com. Sub. for S. B. 399) 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:

Com. Sub. for S. B. 709, Providing additional internal controls and procedures for purchasing card program; other provisions,

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

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 709) was taken up for immediate consideration, read a first time, ordered to second reading and then recommitted to the Committee on Government Organization.

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

By Delegates Michael, Anderson, Proudfoot, Cann, Browning, Border and Ashley:

H. B. 4762 - "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 - office of emergency services, fund 8727, fiscal year 2004, organization 0606, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four."

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. 637, Relating to termination of tenancy of factory-built home site; other provisions,

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. 637) 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. 573, Providing procedure for economic development authority to address problems of state minorities,

And reports the same back, 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. 573) was referred to the Committee on the Judiciary.

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. 323, Continuing office of explosives and blasting,

Com. Sub. for S. B. 456, Requiring state agencies administering funds or grants notify grantee in certain cases,

And,

S. B. 726, Continuing steel advisory commission and steel futures program,

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. 323, Com. Sub. for S. B. 456 and S. B. 726) 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. 200, Requiring state police to annually report to Legislature effectiveness of recruiting minorities,

And reports the same back with the recommendation that it do pass.

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

Your Committee on Finance has had under consideration:

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

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 (S. B. 501) 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. 716, Allowing attorney general to retain additional funding for antitrust enforcement fund,

And,

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

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

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 9th day of March, 2004, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

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

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

Your Committee on Government Organization has had under consideration:

Com. Sub. for S. B. 454, Relating to land-use planning,

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


Messages from the Senate


A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendments and requested the House of Delegates to agree to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses as to

H. B. 4084, West Virginia Pharmaceutical Availability and Affordability Act.

The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

Senators Prezioso, Unger, McCabe, Ross and Smith.

On motion of Delegate Staton, the House of Delegates agreed to the appointment of a Committee of Conference of five from each house on the disagreeing votes of the two houses.

Whereupon,

The Speaker appointed as conferees on the part of the House of Delegates the following:

Delegates Campbell, Doyle, Foster, Perdue and Hall.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

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. 4097, Clarifying those persons or entities responsible for paying certain fees assessed by the clerk of the circuit court for processing of criminal bonds and bailpiece.

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

Com. Sub. for H. B. 4377, Assessing a penalty on those physicians who fail to pay the special assessment.

The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

Senators Kessler, Jenkins and Harrison.

On motion of Delegate Staton, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

Whereupon,

The Speaker appointed as conferees on the part of the House of Delegates the following:

Delegates Mahan, Brown and Ellem.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

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

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 83 - "Designating the second full week of February, 2005, and every year thereafter, as West Virginia Adoption Week."

Whereas, Historically, orphaned and abandoned children were provided for by the church which recognized the responsibility of the community for these children and raised the necessary funds from their congregations. This later led to the establishment of orphanages; and

Whereas, In the early 17th century, the English government began to provide for these children and often placed them in institutions known as workhouses. In the 18th century, in an effort to move away from abusive workhouses, the government established separate residential schools for the housing and instruction of orphans; and

Whereas, In the United States during the 19th century, most orphanages were supported by private child welfare agencies; and

Whereas, In the second half of the 20th century, the government took the responsibility for these orphaned or abandoned children, as well as children who had been abused or neglected or who had behavioral or emotional problems; and

Whereas, The latest available statistics disclose that there are 542,000 children in foster care in this country, with 48 percent of these children in nonrelative foster care; and

Whereas, Adoption offers the blessing of making a childless couple into a loving family; therefore, be it

Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the second full week of February, 2005, and every year thereafter, as West Virginia Adoption Week; and, be it
Further Resolved, That the Legislature hereby urges all citizens to become familiar with the process of the Department of Health and Human Resources with regard to adoption; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Paul L. Nusbaum, Secretary of the Department of Health and Human Resources.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 85 - "Requesting Congress and the President of the United States to support Taiwan's participation in the United Nations."

Whereas, Taiwan is a modern democracy that routinely holds free and fair elections and has dramatically improved its record on human rights; and

Whereas, Taiwan's 23 million people are not currently represented in the United Nations; and

Whereas, Taiwan has, in recent years, repeatedly expressed its strong desire to participate in the United Nations and has much to contribute to the work and funding of the United Nations; and

Whereas, Taiwan's participation in the United Nations will help maintain peace and stability in Asia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests Congress and the President of the United States support Taiwan's participation in the United Nations; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation, the President of the United States and Consular Services, Taipei Economic and Cultural Office in New York.

At 5:46 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Wednesday, March 10, 2004.