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Wednesday, June 11, 2003
The House of Delegates met at 10:30 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 roll being called (Roll No. 746), and 91 members having answered to their names, the
Speaker declared the presence of a quorum.
The Clerk proceeded to read the Journal of Tuesday, June 10, 2003, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate
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. 2001 - "A Bill to amend and reenact section four, article eight, chapter twelve of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing for
executive appointment of members of the pension bond review committee."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 2001) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Bills Introduced
On motions for leave, bills were introduced and read by their titles and subsequent action by
the House was as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 221 - "A Bill to amend and reenact section seven, article one-c, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
section twenty-six, article three, chapter eleven-a of said code; to amend and reenact sections one
and two, article three, chapter fifty of said code; to amend and reenact sections ten, eleven and
twenty-eight-a, article one, chapter fifty-nine of said code; to amend and reenact section seventeen,
article two of said chapter; and to amend and reenact section four, article seven, chapter sixty-one
of said code, all relating to increasing certain county clerk, circuit clerk, assessor, sheriff, prosecuting
attorney and magistrate court fees by resolution of county commission; and dedicating those fee
increases to the courthouse facilities improvement fund and to the special revenue account to provide
legal services to domestic violence victims."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 221) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 222 - "A Bill to amend chapter five-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article three-b; to amend
and reenact section three-hh, article one, chapter seven of said code; to amend and reenact section
eighteen, article twelve, chapter eight of said code; to amend article one, chapter thirty-one of said
code, by adding thereto a new section, designated section one hundred sixty one; all relating to
authorizing agencies, county commissions, county building commissions, and county development
authorities to enter into performance-based contracts with qualified providers of energy-conservation
measures for the purpose of reducing energy operating costs of agency buildings; authorizing
counties and their instrumentalities to enter into sale leaseback arrangements; exemptions available
to private entity who is a party to the leaseback; leasebacks to be considered public improvements;
personal liability of a private entity who is a party to a leaseback; specifying county commission and
county building commission interest in real property; relating to municipality, municipal building
commission and municipal development authority interest in real property; relating to the interest
in real property of organizations that are organizations under section 501(c)(3) of the United States
Internal Revenue Code; and tax exemption of section 501(c)(3) organizations not affected by
leasebacks."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 222) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
House Calendar
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 201, Providing for executive appointment of members of the pension bond review
committee,
H. B. 206, Continuing the equal pay commission,
H. B. 207, Updating fee structure provisions for certain broker-dealers and agents,
H. B. 209, Continuing the funding of the Hatfield-McCoy recreation authority projects,
H. B. 210, Supplemental appropriation to various departments in the governor's office,
H. B. 211, Supplementary appropriation in the state fund, general revenue, to the department
of military affairs and public safety,
H. B. 212, Expiring funds to the unappropriated surplus balance in the state fund, general
revenue,
H. B. 213, Supplementary appropriation of public moneys out of moneys remaining as an
unappropriated balance in the state fund, general revenue, to the department of education,
H. B. 214, Expiring funds from the division of banking - assessment and examination fund
to the department of tax and revenue - tax division,
H. B. 215, Supplementary appropriation to the higher education policy commission,
H. B. 216, Supplementary appropriation to the department of military affairs and public
safety - division of veterans' affairs - veterans' home,
H. B. 217, Supplementary appropriation to a new item of appropriation designated to the
board of pharmacy,
H. B. 218, Supplementary appropriation to a new item of appropriation designated to the
department of military affairs and public safety - division of veterans affairs,
H. B. 219, Supplementary appropriation to a new item of appropriation designated to the
governor's office - jobs and growth tax relief reconciliation act of 2003,
And,
H. B. 220, Relating generally to creation and administration of economic opportunity districts
by county commissions and Class I and II municipalities.
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Ashley, Ferrell, Hatfield, Iaquinta, Palumbo, Perdue, Schadler, Shelton and Walters.
At 10:58 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 5:00
p.m., Thursday, June 12, 2003.