__________*__________

Thursday, June 12, 2003


     The House of Delegates met at 5:00 p.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. 750), and 95 members having answered to their names, the Speaker declared the presence of a quorum.
     The Clerk proceeded to read the Journal of Wednesday, June 11, 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 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. 201 - "Memorializing the life of Specialist George A. Mitchell, Jr., an American hero who was killed in action on April 7, 2003, while serving in Operation Iraqi Freedom."
     Whereas, George A. Mitchell, Jr., of Antioch, Mineral County, was born May 20, 1967, in Lebanon, Pennsylvania, the son of George A. Mitchell, Sr., and Cynthia F. (Kriser) Mitchell; and
     Whereas, George A. Mitchell, Jr., graduated from Lebanon High School in 1985; and
     Whereas, As a member of the United States Army Reserve Command, George A. Mitchell, Jr., served his nation with pride and distinction in Operation Desert Storm in 1991; and
     Whereas, George A. Mitchell, Jr., reenlisted in May, 2002, as part of the 3rd Infantry Division, 2nd Brigade Combat Team which is based at Fort Stewart, Georgia, and subsequently was sent to Kuwait; and
     Whereas, During his distinguished military career, SPC George A. Mitchell, Jr., received numerous awards and citations. The Bronze Star and Purple Heart were awarded posthumously for his service in Iraq; and
     Whereas, SPC George A. Mitchell, Jr., paid the ultimate price when he was killed in action on April 7, 2003, during Operation Iraqi Freedom. His dedication and commitment to serving his nation should not be forgotten; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby memorializes the life of Specialist George A. Mitchell, Jr., an American hero who was killed in action on April 7, 2003, during Operation Iraqi Freedom; and, be it
     Further Resolved, That the Legislature hereby expresses its heartfelt sympathy to the family of SPC George A. Mitchell, Jr., which includes his parents; wife Brenda Sue (Purinton) Mitchell; children Bailee, Josh and Christopher Mitchell and stepson Jeff Greco; brother David Mitchell; half- brother Gabriel Mitchell; stepbrother Joe Mitchell; and father-in-law and mother-in-law Edward and Levonna Purinton; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of SPC George A. Mitchell, Jr.
     At the request of Delegate Staton, and by unanimous consent, reference of the resolution (S. C. R. 201) to a committee was dispensed with.
     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. 202 - "Recognizing the courage and endurance of Private First Class Jessica Lynch as an American prisoner of war during Operation Iraqi Freedom."
     Whereas, Jessica Lynch of Palestine, West Virginia, the daughter of Gregory and Deadra Lynch, is a graduate of Wirt County High School; and
     Whereas, Jessica Lynch, who has dreams of becoming a teacher, joined the United States Army soon after graduation; and
     Whereas, PFC Jessica Lynch is based at Fort Bliss, Texas, the home of the 507th Ordnance Maintenance Company; and
     Whereas, In February, 2003, the 507th Ordnance Maintenance Company was deployed with the 11th Air Defense Artillery Brigade to serve in Operation Iraqi Freedom; and
     Whereas, On March 23, 2003, PFC Jessica Lynch and other members of the 507th Ordnance Maintenance Company were ambushed after taking a wrong turn while traveling in a convoy near Nasiriyah, Iraq; and
     Whereas, While five of the members of the missing 507th Ordnance Maintenance Company were displayed on television by the Iraqi government, the status of PFC Jessica Lynch and nine others was unknown. Listed as missing in action, the Lynch family, her community and the entire State of West Virginia shared agonizing concern for her safety and well-being; and
     Whereas, On April 1, 2003, news of the rescue of PFC Jessica Lynch by coalition special operations forces from an Iraqi hospital spread around the world and into the hearts of millions; and
     Whereas, The town of Palestine, Wirt County and all of West Virginia celebrated at the news of the recuse of one of their own; and
     Whereas, Sadly, it was learned that the nine missing members of the 507th Ordnance Maintenance Company did not survive the ambush and paid the ultimate price for freedom with their lives; and
     Whereas, On April 13, 2003, the five members of the 507th Ordnance Maintenance Company who were displayed on television as prisoners of war by the Iraqi government, along with two other American POWs, were found by U. S. forces and safely returned to coalition-controlled territory; and
     Whereas, As PFC Jessica Lynch recovers from wounds received in Iraq, all of West Virginia follows her recuperation and prays for her continued recovery and subsequent return to West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby recognizes the courage and endurance of Private First Class Jessica Lynch as an American prisoner of war during Operation Iraqi Freedom; and, be it
     Further Resolved, That the Legislature, along with a grateful nation, celebrates the safe return of PFC Jessica Lynch from those who held her captive in Iraq; and, be it
     Further Resolved, That the Legislature expresses its heartfelt best wishes for the speedy recovery of PFC Jessica Lynch, a dedicated American who has distinguished herself in service to her nation; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to PFC Jessica Lynch and her proud parents, Gregory and Deadra Lynch of Palestine, West Virginia.
     At the request of Delegate Staton, and by unanimous consent, reference of the resolution (S. C. R. 202) to a committee was dispensed with.
House Calendar

Second Reading

     
S. B. 2001, Providing for executive appointment of members of pension bond review committee; on second reading, coming up in regular order, was read a second time.
     On motion of Delegate Staton, the bill was amended on page three, section four, line nineteen, following the word "four", by striking out the word "six" and inserting in lieu thereof the word "four".
     Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
     On this question, the yeas and nays were taken (Roll No. 747), and there were--yeas 87, nays 8, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Ashley, Blair, Caruth, Duke, Frich, Louisos, Overington and Schoen.
     Absent And Not Voting: Hatfield, Iaquinta, Schadler, Shelton and Walters.
     So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
     The bill was then read a third time and put upon its passage.
  The question being on the passage of the bill, the yeas and nays were taken (Roll No. 748), and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting being as follows:
  Nays: Armstead, Ashley, Carmichael, Frich and Schoen.
  Absent And Not Voting: Hatfield, Iaquinta, Schadler, Shelton and Walters.
  So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 2001) passed.
  Delegate Staton moved that the bill take effect from its passage.
  On this question, the yeas and nays were taken (Roll No. 749), and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting being as follows:
  Nays: Armstead, Carmichael, Frich and Webb.
  Absent And Not Voting: Hatfield, Iaquinta, Schadler, Shelton and Walters.
  So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 2001) takes effect from its passage.
  Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
  H. B. 201, Providing for executive appointment of members of the pension bond review committee; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
  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. 206, Continuing the equal pay commission,
  H. B. 207, Updating fee structure provisions for certain broker-dealers and agents,
  And,
  H. B. 209, Continuing the funding of the Hatfield-McCoy recreation authority projects.
  The following bills on second reading, coming up in regular order, were each read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading:
  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,
  And,
  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.
  H. B. 220, Relating generally to creation and administration of economic opportunity districts by county commissions and Class I and II municipalities; on second reading, coming up in regular order, was read a second time.
  Delegate Michael offered the following amendment:
  On page three, section two, line twenty-two, following the word "Delegates", by inserting a colon and the words "Provided, That on and after the effective date of the amendments to this section in the year two thousand three, this subdivision shall be of no force or effect and the term of the member previously appointed pursuant to this subdivision shall expire" followed by a semicolon.
  On page four, section two, line six, following the word "council" and the colon, by striking out the proviso.
  And,
  On page eighty-one, section thirty-five, line thirteen, following the word "in", by striking out the rest of the sentence and inserting in lieu thereof the words "subdivision (3) of this subsection".
  At the request of Delegate Staton, and by unanimous consent, the bill was advanced to third reading with the amendment pending, and the rule was suspended to permit the offering and consideration of amendments on that reading.
  H. B. 221, Increasing certain fees and dedicating those increases to the Courthouse Facilities Improvement Fund and to provide legal services for domestic violence victims; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
  And,
  H. B. 222, Creating processes and procedures allowing agencies, counties and their instrumentalities to enter into performance-based contracts with qualified providers of energy conservation measures; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
Leaves of Absences

  At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted Delegates
Hatfield, Iaquinta, Schadler, Shelton and Walters.
  At 6:16 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Friday, June 13, 2003.