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Friday, February 28, 2003
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 Thursday, February 27, 2003, 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 offered the following resolution, which was read by the Clerk as
follows:
H. C. R. 75 - "Extending the Committee of Conference relating to consideration of Com.
Sub. for H. B. 2122, relating to medical professional liability generally."
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the
Committee of Conference is hereby extended for a period of three days, until March 5, 2003, for the
express purpose of consideration of matters of disagreement between the two houses as to Com.
Sub. for H. B. 2122.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H.
C. R. 75) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 183), and there
were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Crosier, Doyle and Manchin.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the resolution (H. C. R. 75) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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. 61 - "Extending the Committee of Conference relating to consideration of Com.
Sub. for H. B. 2122, relating to medical professional liability generally."
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. 14 - "A Bill to amend and reenact section ten-a, article three, chapter
five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
prohibiting the state and its political subdivisions from contracting with vendors owing a debt to the
state or its political subdivisions"; 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. 40 - "A Bill to amend and reenact section nine, article two, chapter five-b of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the powers and
duties of the tourism commission; and adding heritage preservation tourism programs"; 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. 136 - "A Bill to amend and reenact section four, article three, chapter
sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to providing an exemption from mandatory immunizations for good cause or due to impossibility
or religious beliefs"; which was referred to the Committee on Health and Human 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
Com. Sub. for S. B. 151 - "A Bill to repeal articles one-b and one-c, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections
one and two, article one, chapter five-a of said code; to further amend said article by adding thereto
two new sections, designated section three-a and three-b; to amend and reenact article seven of said
chapter; to amend and reenact section two, article one, chapter five-f of said code; to amend and
reenact article three of said chapter; and to amend and reenact section two-a, article seven, chapter
six of said code, all relating to reorganizing the executive branch of government; abolishing the
position of chief technology officer in the office of the governor, the information services and
communications division and the science and technology council and creating a new office of
technology; consolidating the department of administration and the department of tax and revenue
into a new department of finance and administration; reporting requirements; working capital fund; confidentiality requirements; creating a commission on reorganization; termination; creating a
legislative oversight commission on reorganization; continuation; and salary"; 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 and requested the concurrence
of the House of Delegates in the passage of
S. B. 173 - "A Bill to amend and reenact section nine, article fifteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to sales tax
exemption for the United States and the West Virginia flag"; 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. 287 - "A Bill to amend and reenact article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, 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 insurance commissioner to
promulgate a legislative rule relating to unfair trade practices; authorizing the insurance commissioner to promulgate a legislative rule relating to examiners' compensation, qualifications
and classification; authorizing the insurance commissioner to promulgate a legislative rule relating
to licensing and conduct of agents, agencies and solicitors; authorizing the insurance commissioner
to promulgate a legislative rule relating to excess line brokers; authorizing the insurance
commissioner to promulgate a legislative rule relating to AIDS; authorizing the insurance
commissioner to promulgate a legislative rule relating to 'tail' insurance covering certain medical
and allied health care providers; authorizing the insurance commissioner to promulgate a legislative
rule relating to group accident and sickness insurance minimum policy coverage standards;
authorizing the insurance commissioner to promulgate a legislative rule relating to continuing
education for individual insurance producers; authorizing the insurance commissioner to promulgate
a legislative rule relating to quality assurance; authorizing the insurance commissioner to
promulgate a legislative rule relating to medical malpractice insurance consent to rate and guide 'A'
rate agreements; authorizing the insurance commissioner to promulgate a legislative rule relating
to credit personal property insurance; authorizing the insurance commissioner to promulgate a
legislative rule relating to standards for safeguarding consumer information; authorizing the
insurance commissioner to promulgate a legislative rule relating to standard motor vehicle policy
provisions; authorizing the insurance commissioner to promulgate a legislative rule relating to
mental health parity; authorizing the tax commissioner to promulgate a legislative rule relating to
payment of taxes by electronic funds transfer; and authorizing the tax commissioner to promulgate
a legislative rule relating to tax credit for medical malpractice liability insurance premiums"; 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. 316 - "A Bill to amend and reenact article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one, 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 division of forestry to promulgate
legislative rule relating to sediment control during commercial timber harvesting operations; logger
certification; authorizing division of forestry to promulgate legislative rule relating to sediment
control during commercial timber harvesting operation; licensing; authorizing development office
to promulgate legislative rule relating to community development assessment and real property
valuation procedures for office of coalfield development; authorizing manufactured housing
construction and safety standards board to promulgate legislative rule relating to board; authorizing
division of labor to promulgate legislative rule relating to elevator safety act; authorizing division
of labor to promulgate legislative rule relating to regulation of trade--weights and measures;
authorizing board of miner training, education and certification to promulgate legislative rule
relating to standards for certification of coal mine electricians; authorizing division of natural
resources to promulgate legislative rule relating to revocation of hunting and fishing licenses;
authorizing division of natural resources to promulgate legislative rule relating to special boating;
authorizing division of natural resources to promulgate legislative rule relating to prohibitions when
hunting and trapping; authorizing division of natural resources to promulgate legislative rule relating
to deer hunting; and authorizing division of natural resources to promulgate legislative rule relating
to commercial sale of wildlife"; 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. 341 - "A Bill to amend and reenact sections three hundred ten, eight hundred two and
nine hundred three, article twenty-seven, chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further amend said chapter by adding thereto
a new article, designated article twenty-eight, all relating to the enforcement of domestic violence
protective orders generally"; 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 March 15, 2003,
and requested the concurrence of the House of Delegates in the passage of
S. B. 352 - "A Bill to amend and reenact sections two, three, four, five and seven, article
one-c, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to the West Virginia jobs act"; 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. 371 - "A Bill to amend and reenact section twenty-four, article three,
chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to enhanced criminal penalties for obtaining money, property and services by false pretenses
from persons sixty-five years of age and older"; 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 July 1, 2003,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 386 - "A Bill to amend and reenact section seventeen, article twelve,
chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to conditions of release on parole; and increasing the supervision fee to thirty dollars per
month"; which was referred to the Committee on the Judiciary and 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. 396 - "A Bill to amend and reenact section seven, article five, chapter
fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing for the joinder of misdemeanor prosecutions in circuit court originally charged in state
court where a defendant is charged by complaint with felonies and misdemeanors which are parts
of the same transaction or a common scheme or plan"; 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. 401 - "A Bill to amend and reenact section nine, article fifteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting
veterans' organizations, which are exempt from income taxation by virtue of Internal Revenue Code
501(c)(19), from consumers sales and service 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. 407 - "A Bill to amend and reenact section three-c, article three, chapter
seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and
to amend and reenact section thirty-nine-g, article three, chapter sixty-one of said code, all relating to providing that when a person writes a worthless check in this state which results in a summons
to appear in magistrate court but then fails to appear, he or she shall have his or her privilege to drive
in this state revoked"; which was referred to the Committee on the Judiciary and 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 S. B. 410 - "A Bill to amend and reenact sections three and five, article two,
chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to requiring the ethics commission to annually send copies of all advisory opinions to the
offices of the clerk of the West Virginia Senate, the clerk of the West Virginia House of Delegates
and the West Virginia supreme court of appeals law library; authorizing members of the Legislature
to solicit funds for regional or national legislative organization functions held in this state without
violating the ethics act; providing prior approval by the joint committee on government and finance;
defining legislative organization; placing limitations on solicitations; providing that only the
governmental organization or a banking institution may receive donations; providing reporting
requirements and publication of solicitation materials and information relating to funds received;
prohibiting use of official letterhead; requiring disclaimer on all solicitation materials; providing
certain record-keeping requirements and public availability thereof; and establishing criteria for said
solicitations"; 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. 425 - "A Bill to amend and reenact section one-d, article one, chapter
eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to authorizing the higher education policy commission to participate in retirement and separation
incentives"; 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. 436 - "A Bill to amend chapter twenty-four of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article eight,
relating to directing the public service commission to implement the West Virginia 211 information
and referral system in accordance with the recommendations of the public service commissions'
appointed task force as reported to the Legislature in two thousand two"; which was referred to the
Committee on the Judiciary and 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. 437 - "A Bill to amend and reenact section four, article six, chapter five
of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and
reenact section forty, article three, chapter five-a of said code, all relating to requiring that the
Legislature's joint committee on government and finance approve certain provisions of real estate,
any lease-purchase agreement and any construction of new buildings or acquisition of buildings,
office space or surrounding grounds by the building commission or the secretary of administration;
tax exemptions not affected by lease-backs; exemptions available to private entity who is a party to
the leaseback; lease-backs to be considered public improvements; and personal liability of a private
entity who is a party to a leaseback"; 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. 443 - "A Bill to amend and reenact section three-e, article thirteen-a, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to establishing the selection and funding of economic and infrastructure projects under the direction
of the director of the West Virginia 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. 450 - "A Bill to amend chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated
article ten-c, relating to creation and development of an automated tax administration system and
funding thereof; setting forth legislative finding; specifying short title and purpose; authorizing
benefits-funded automated tax administration system purchasing program; authorizing benefits'
funding of the automated tax administration system and payment of costs and compensation on the
basis of a percentage of the increase in the amount of taxes, interest and penalties collected which
is attributable to implementation of the automated tax administration system, as described in detail
by contract or on a fixed-fee contract basis, the fees to be paid from the increase in the amount of
taxes, interest and penalties collected which is attributable to implementation of the automated tax
administration system, as described in detail by contract; requiring the tax commissioner to make
an annual determination of increased revenue attributable to implementation of the automated tax
administration system; specifying deposit of moneys and treatment of local and municipal moneys;
creating automated tax administration system development fund; specifying uses of moneys in the
automated tax administration system development fund and operation of automated tax
administration system development fund; specifying an annual report; and specifying other contracts
and purchases are not prohibited or hindered by this article."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (Com. Sub. for H. B. 450) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 453 - "A Bill to amend chapter forty-eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated
article twenty-seven-a, relating to establishing the domestic violence fatality review team"; 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. 455 - "A Bill to amend article ten, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section fifteen-b, relating to authorizing service credit toward retirement to public
employees for public employment in another state"; which was referred to the Committee on
Pensions and Retirement and 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. 467 - "A Bill to amend and reenact sections one, two, three, four, six
and seven, article thirty-seven, chapter thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said article by adding thereto two new
sections, designated sections eight and nine, all relating to licensing and authority of managing
general agents; defining terms; requiring managing general agents to be licensed; setting minimum
fees for licensure and license renewal; bonding and insurance requirements; designating the
secretary of state as agent for service; requiring advertising to be approved; requiring insurers to
have independent audited financial statements; increasing the authority of the commissioner, including the authority to order penalties in an amount not exceeding ten thousand dollars for a
violation of the article; institution of civil suits; and providing short title and effective date"; which
was referred to the Committee on Banking and Insurance and 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. 489 - "A Bill to amend article sixteen-a, chapter seventeen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new
section, designated section twenty-two-a; and to amend article two, chapter twenty-four of said code
by adding thereto a new section, designated section eleven-c, all relating to authorizing the parkways
authority to construct, maintain, operate and lease wireless communications towers; legislative
findings; restrictions; requiring the parkways authority to obtain a certificate of public convenience
and necessity from the public service commission before constructing, maintaining, operating and
leasing any wireless communication towers; and authorizing the parkways authority to license space
to carriers and charge fees"; 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. 494 - "A Bill to amend the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new chapter, designated chapter twenty-four-f,
relating to authorizing the public service commission to regulate transactions between cemeteries,
companies that set and install memorial head markers and veterans or their survivors concerning
fees for setting United States department of veterans' affairs grave markers at the graves of deceased
veterans; legislative findings; exemptions; enforcement of orders; judicial review; and designation
of the affected cemeteries as outside the purview of utility regulation"; 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. 496 - "A Bill to amend and reenact section two, article nine, chapter eleven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections
three and fourteen, article ten of said chapter; to amend article fourteen of said chapter by adding
thereto a new section, designated section thirty-one; to amend and reenact sections two, three, five,
nine and eleven, article fourteen-a of said chapter; to amend and reenact section two, article
fourteen-b of said chapter; to further amend said chapter by adding thereto a new article, designated
article fourteen-c; to amend and reenact section eighteen, article fifteen of said chapter; to further
amend said article by adding thereto a new section, designated section eighteen-b; to amend and
reenact section thirteen, article fifteen-a of said chapter; and to further amend said article by adding
thereto a new section, designated section thirteen-a, all relating generally to the levy, collection and
administration of West Virginia motor fuels excise tax; making tax crimes and penalties act
applicable to West Virginia motor fuels excise tax as of specified date; making West Virginia tax
procedure and administration act applicable to West Virginia motor fuels excise tax effective as of
specified date; applying overpayments, credits and refunds to West Virginia motor fuels excise tax
effective as of effective date; replacing gasoline and special fuel excise tax with motor fuels excise
tax as of specified date, after which gasoline and special fuel excise tax is repealed; defining certain
motor carrier road tax terms; requiring motor carrier road tax to be equal to the motor fuels excise
tax; changing frequency for filing motor carrier road tax reports; providing credit against motor
carrier road tax for payment of motor fuels excise tax; authorizing refunds of the motor fuels excise
tax; defining certain terms in interstate fuel tax agreement; enacting motor fuels excise tax; defining
terms; authorizing promulgation of rules and forms; authorizing exchange of information; levying
motor fuels excise tax; establishing rate of motor fuels excise tax; establishing points at which the
tax is imposed; imposing tax on unaccounted-for motor fuel losses; imposing back-up tax on taxable use of untaxed fuel; establishing exemptions from tax; designating persons to be licensed;
establishing license application procedure; authorizing permissive supplier to collect tax;
establishing bond requirements; grounds for issuance and for denial of license; requiring notice of
discontinuance of business; permitting license cancellation under certain circumstances; records of
license applicants and licensees; specifying when tax returns and tax payments are due; requiring
remittance of tax by suppliers and permissive suppliers; notice of cancellation and re-issuance of
license; information required on tax return; specifying deductions and discounts allowed to suppliers
and permissive suppliers; specifying duties of suppliers and permissive suppliers as trustee;
requiring returns and allowing discounts to importers; requiring information returns by terminal
operators; requiring information returns by motor fuel transporters; requiring return by exporters;
identifying information required on returns; authorizing refund of taxes erroneously collected or for
gallonage exported or lost through casualty or evaporation; providing method for claiming and
paying refunds; incorporating provisions of tax crimes and penalties act and West Virginia tax
procedure and administration act into motor fuels excise tax; specifying information required on
shipping documents; requiring import confirmation number; prohibiting improper sale or use of
untaxed motor fuels; providing remedy for refusal to allow inspection or taking of fuel sample;
prohibiting engaging in business without a license; prohibiting certain persons from obtaining
license; providing civil remedy for filing false returns and for failure to file returns; providing
criminal penalties for willful commission of prohibited acts; imposing penalties for unlawful
importing, transportation, delivery, storage or sale of motor fuel; providing for enforcement of
assessment; imposing record-keeping requirements; providing for inspection of records; providing
for authority to inspect; specifying marking requirements for dyed diesel fuel storage facilities;
providing for disposition of tax collected; specifying that sections pertaining to sales and use taxes
on gasoline and special fuel are, after a specified date, repealed and replaced by new sections
continuing sales and use taxes on motor fuel and harmonizing these taxes with new motor fuels
excise tax; and directing House clerk to remove repealed code sections from his or her books after a specified 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. 497 - "A Bill to amend and reenact sections one, two, four, five, eight,
eleven, twelve, fifteen, nineteen and twenty, article five, chapter twenty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all relating to commercial prisons;
setting forth legislative findings; requiring commissioner of corrections to develop certain plans;
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 and 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. 503 - "A Bill to amend article three-c, chapter sixty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section four-a; and to amend and reenact sections seven, fourteen-a and sixteen of said article, all
relating to computer crime and abuse; providing penalty for unauthorized access to certain
government computers or computer networks; specifying amount of monetary damage resulting
from alteration, destruction, etc., that constitutes a felony; making technical corrections; clarifying elements for threatening to commit a crime; and removing element that injury must be to person or
property in order to seek civil relief for violation of article"; 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. 505 - "A Bill to amend and reenact section eleven, article fifteen,
chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to municipal fire chiefs; and authorizing retention of rank attained during service as fire
chief when tenure as fire chief ends"; which was referred to the Committee on Political Subdivisions
and then 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. 507 - "A Bill to amend and reenact sections two, three, five, five-a, six,
six-a, six-b, six-c, seven, eight, eight-a and nine, article two-c, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by
adding thereto three new sections, designated sections five-b, six-d and nine-a, all relating to
auctioneers; license requirements; fees; requiring notice of change of address; apprentice
sponsorship requirements; reciprocity between states; continuing education requirements; penalties
for violating statutory provisions; license revocation; and contract requirements"; 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. 527 - "A Bill to amend and reenact section seven, article twenty-four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to providing a limitation of liability for rededication costs for certain owners of real property where
waste tires existed when the owners were not responsible for the accumulation of the waste tires on
the property"; 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. 531 - "A Bill to amend and reenact section nine, article fifteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing an
exemption for certain lodging franchise assessed fees from the consumers sales and service 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, to take effect July 1, 2003,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 534 - "A Bill to amend chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article,
designated article forty-six, relating to third-party administrators; requiring licensing of third-party
administrators; requiring all third-party administrators to obtain certificates of authority; defining
terms; disposition of premiums and claim payments received by the administrator; requiring
administrator to maintain certain information; requiring advertising be approved; setting forth
responsibilities of the insurer; providing for the collection of premiums and payment of claims;
administrator compensation; notices and disclosures; nonresident and home state certificate of
authority; denial, suspension or revocation of certificate of authority; authority to propose rules;
requiring third-party administrators to have written contracts with their insurers; and requiring third-
party administrators to provide the commission with certain disclosures"; which was referred to the
Committee on Banking and Insurance and 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. 535 - "A Bill to amend and reenact section eighteen, article sixteen,
chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to
amend article three-a, chapter sixty of said code by adding thereto a new section, designated section
twenty-five-a; and to amend and reenact section twenty, article eight of said chapter, all relating to
the sale of alcohol, wine and beer to minors; mandatory carding of purchasers of alcohol, wine and
beer; and defining terms"; 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. 553 - "A Bill to amend and reenact section twenty-two-a, article two, chapter twenty
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
prohibiting shooting at or killing a bear weighing less than one hundred pounds or shooting at or
killing any bear accompanying a bear weighing less than one hundred pounds"; which was referred
to the Committee on Agriculture and Natural Resources and 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. 558 - "A Bill to amend chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
twenty-two; to amend chapter eight of said code by adding thereto a new article, designated article
thirty-eight; to amend and reenact section eleven-a, article ten, chapter eleven of said code; and to
amend and reenact section nine-f, article fifteen of said chapter, all relating to tax increment
financing"; 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. 576 - "A Bill to amend and reenact section fifteen, article three, chapter
five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing that the purchasing division of the department of administration has regulatory authority
over purchases and sales for flood and other emergency relief"; 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. 580 - "A Bill to amend article one, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section nine-c, relating to inspections of individual water supply systems and individual
wastewater systems; defining terms; providing for certification of inspectors; and requiring the
department of health and human resources to propose legislative rules related to inspections and
certifications"; which was referred to the Committee on Health and Human Resources and 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 S. B. 594 - "A Bill to amend and reenact sections four and twenty-three,
article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to full-time employee eligibility; and increasing the number of members that
constitute the public employees insurance agency finance board from six members to eight
members, with four members being appointed by the governor"; 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. 603 - "A Bill to amend chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
one-b, relating to establishing a permanent statewide trail coordinator for all recreational trails in
West Virginia"; 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. 615 - "A Bill to amend and reenact section thirty-one, article two,
chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to permitting unaffiliated voters to vote for the election of a candidate of any political party
in a primary election; and requiring a receiving clerk to advise unaffiliated voters of the effect of
voting in primary"; 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. 616 - "A Bill to amend and reenact section thirty-one, article two, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting
unaffiliated voters to vote for the election of a candidate of any political party in a primary election;
and marking the voter registration record"; 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. 618 - "A Bill to amend article twelve, chapter eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
twelve-a, relating to authorizing municipalities to permit certain veterans to park free"; which was
referred to the Committee on Veterans Affairs and Homeland Security and then 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. 627 - "A Bill to amend chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirty-one,
relating to renaming the Guthrie Center"; 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. 628 - "A Bill to amend and reenact section eight, article twenty-two,
chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to farm mutual fire insurance companies; kinds of insurance coverage farm mutual fire
insurance companies may write; requiring minimum percentages of business written in designated
rating classes; and imposing a penalty for failure to comply"; which was referred to the Committee
on Banking and Insurance and 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. 632 - "A Bill to amend article seven, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-a, relating to state agencies making timely payments on invoices for
telephone services; requiring that late checks include interest; specifying when an invoice is
determined to be received; and specifying which agency is responsible for the payment of interest";
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. 634 - "A Bill to amend and reenact section two, article one, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
section five, article two of said chapter, all relating to defining crow as a game-bird; and setting
hunting season for crows"; which was referred to the Committee on Agriculture and Natural
Resources and 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. 650 - "A Bill to amend and reenact chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
fifteen, relating to management of water resources of the state"; 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. 652 - "A Bill to amend and reenact section one, article eight, chapter twenty-six of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
section one, article eleven of said chapter, all relating to emergency hospitals; and renaming Marion
health care hospital to the John Manchin, Sr., health care center"; which was referred to the Committee on Health and Human Resources and then 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. 654 - "A Bill to amend article twelve, chapter sixty-two of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twenty-five, relating to community corrections generally; eligibility for community
corrections supervision; extended supervision for certain sex offenders; supervision where available
through community corrections; fees; procedures; and penalties"; 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
S. B. 655 - "A Bill to amend and reenact section twenty-six, article six, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said
article by adding thereto a new section, designated section twenty-seven; and to amend and reenact
section seventeen, article six-g of said chapter, all relating to creating the public utilities tax loss
restoration fund; and providing additional funds to counties, districts and municipalities that have
lost public utilities-assessed value"; which was referred to the Committee on Finance.
Resolutions Introduced
Delegates Boggs, Manchin, Stemple and Ennis offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 70 - "Requesting the West Virginia Division of Highways to name the new bridge
crossing the Elk River on State Route 4 South of Gassaway, the 'Veterans Memorial Bridge'."
Whereas, The State of West Virginia has seen more of its citizens, per capita, serve in the
United States military during times of war and peace than any other State in the union; and
Whereas, Many State veterans have fought and served, exhibiting great acts of selflessness
and gallantry while in harm's way, while still others have made the ultimate sacrifice of their lives
in order to preserve and protect the liberty, tranquility and freedom of this country; and
Whereas, In view of the great sacrifices endured by State veterans, both living and
deceased, and their commitment to duty on behalf of their country and fellow citizens, it is
appropriate to bestow the modest gesture, in comparison to such sacrifices and duty, of naming a
State landmark as a memorial to their collective memory and spirit; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests of the West Virginia Division of Highways to name the
new bridge crossing the Elk River on State Route 4 South of Gassaway, the "Veterans Memorial
Bridge"; and, be it
Further Resolved, That the Commissioner is requested to have made and be placed, at either
end of the bridge, signs identifying the bridge as the "Veterans Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, the
County Commission of Braxton County, and the Adjutant General of the military forces of this
State.
Delegates Craig, Leach, Morgan, Smirl, Howard and Sobonya offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 71 - "Requesting the West Virginia Division of Highways to name the bridge
connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, West Virginia,
'Specialist/4 James G. Berry Memorial Bridge'."
Whereas, James G. Berry was born on August 6, 1945, in Huntington, Cabell County, West
Virginia and attended school in Barboursville; and
Whereas, James G. Berry was killed October 10, 1965, in action in Vietnam while on a
search and destroy operation when the vehicle in which he was riding was destroyed by an electrically detonated mine south of Ben Cat, Republic of Vietnam. Two other members of his unit
were also killed in this incident; and
Whereas, James G. Berry was serving his second tour of duty in Vietnam, having enlisted
in the Army on August 16, 1963. He had been on Okinawa since February 1964 and was in the 173rd
Airborne Division. He was a Specialist/4 who was awarded the Purple Heart, posthumously; and
Whereas, James G. Berry gave his young life in the service of his country on a battle field
in a country far away, the supreme sacrifice for the cause of freedom; and
Whereas, The life of James G. Berry should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia Division of Highways to
name the bridge connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County,
West Virginia "Specialist/4 James G. Berry Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at
either end of the bridge displaying the name of the bridge; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the Commissioner of the Division of Highways, and to the surviving family of James G. Berry.
Delegates Manchin and Caputo offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 72 - "Requesting the Commissioner of the Division of Highways to name the lane,
immediately to the right after crossing a cement bridge and after turning left off of U.S. Route 250
North of the Town of Metz in Marion County, 'Sam Slay Lane'."
Whereas, Sam Slay who passed away in early two thousand two, was not well known
across this great State, but he was known to have the qualities that helped to make this State great;
and
Whereas, Sam Slay was a leader of the First Century Church of Metz, a coal miner and a
teacher of young people; and
Whereas, Sam Slay was a champion weightlifter and president of the Metz Bar Bell Club;
and
Whereas, He gave unselfishly of himself by teaching young people techniques and skills
necessary to become champions; and
Whereas, Many of these young people have qualified for the Olympic games; and
Whereas, For Sam Slay, it was not enough to just teach physical techniques and skills to
young people, he knew that success depended on a tough and competitive mental attitude and a
commitment to spiritual and ethical conduct and he instilled these qualities in his students; and
Whereas, The contributions of Sam Slay to the lives of young people, his community and
his sport have had a positive and lasting impact across this State and this country and should not
go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways and the County
Commission of Marion County to name the lane, immediately to the right after crossing a cement
bridge and after turning left off of U.S. Route 250 North of the Town of Metz in Marion County,
the "Sam Slay Lane"; and, be it
Further Resolved, That the Division of Highways and the County Commission of Marion
County cause an appropriate sign to be placed to identify the lane as the "Sam Slay Lane"; and, be
it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the Commissioner of the Division of Highways, the members of Sam Slay's family,
and the First Century Church of Metz.
Delegates Manchin and Caputo offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 73 - "Requesting the Board of Public Works to establish a procedure to provide,
free of charge, a State flag to men and women citizens of this State serving overseas in the armed forces of this nation who request one."
Whereas, Young men and women from this State have brought honor and pride to the
citizens of this State by their bravery, outstanding service and sacrifice as they have served, fought
and battled to keep America free and to support democratic governments around the world; and
Whereas, The words Montani Semper Liberi are ingrained in the hearts and minds of the
fighting men and women who serve this country-- from Chester to Peterstown, -- from Harpers Ferry
to Williamson,-- from Marion County to Mingo County and from all points in between; and
Whereas, The words "Montani Semper Liberi" are emblazoned on the State's flag; and
Whereas, For West Virginians, no other words and only the Stars and Stripes are as
inspiring and unifying as our State flag and our State motto; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Board of Public Works to establish a procedure to
provide, free of charge, a State flag to men and women citizens of this state serving overseas in the
armed forces of this nation who request one; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the members of the Board of Public Works.
Delegates H. White and Kominar 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 that the bridge to be built over Pigeon
Creek at Ferrell Bottom, above Taylorville, Mingo County, West Virginia, be named the 'Ireland
& Willis Duty Bridge'."
Whereas, Ireland Duty and Willis Duty are brothers, Ireland having been born on May 29,
1906, and Willis having been born on December 12, 1915; and
Whereas, Ireland Duty, who had six children, served in the military service and worked in
the coal mines for forty-three years; and
Whereas, Willis Duty, who had three children, also served in the military service and worked in the coal mines for forty years; and
Whereas, Both brothers are well liked and esteemed by the people of their community and
many of their friends and neighbors have expressed a desire to have the proposed bridge named in
honor of these fine men; and
Whereas, The naming of the bridge for these outstanding citizens of Mingo County is an
appropriate act to recognize their contributions to the community in which they live; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby request the West Virginia Division of Highways name the bridge
to be built over Pigeon Creek at Ferrell Bottom, near Taylorville, Mingo County, West Virginia, the
"Ireland & Willis Duty Bridge"; and, be it
Further Resolved, That the Commissioner is requested to have made and placed, at either
end of the bridge, signs identifying the bridge as the "Ireland and Willis Duty Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, the
County Commission of Mingo County and to both Ireland and Willis Duty.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2094, Regulating the release of fish, water animals and other aquatic
organisms into the waters of this state,
Com. Sub. for H. B. 2237, Adding a magistrate in Monongalia and Wood Counties,
Com. Sub. for H. B. 2386, Providing for a panel of senior magistrate court clerks to serve
in substitution for magistrate court clerks who are on authorized leave,
Com. Sub. for H. B. 2436, Making the state's criminal and penalty laws applying to the use
and display of beer and alcoholic beverages in motor vehicles to conform to federal law,
Com. Sub. for H. B. 2523, Providing financing for the construction of capital improvements
to, and renovation of, the state capitol complex and its appurtenant facilities,
Com. Sub. for H. B. 2753, Prohibiting participation in animal fighting ventures and making
violations a felony,
Com. Sub. for H. B. 2760, Authorizing motor carrier inspectors designated by the PSC to
enforce all traffic laws and rules of the road with respect to commercial motor vehicles,
Com. Sub. for H. B. 2768, Enacting a standardized false alarm ordinance,
Com. Sub. for H. B. 2875, Eliminating a gap in employment for employees participating
in the public employees insurance plan who were subject to a reduction in force and who are re-
employed and reenter the plan,
Com. Sub. for H. B. 2972, Improving the actuarial soundness of municipal police and fire
pensions,
H. B. 3027, Authorizing the tax commissioner to waive tax, interest and penalties in
specified circumstances which are otherwise imposed on uncompensated members of the governing
board or board of directors of certain tax exempt organizations,
H. B. 3037, Mandating that an apprentice fireman be terminated from employment following
three unsuccessful attempts at passing an apprentice examination,
H. B. 3062, Authorizing stockholders of closely held corporations to file suit for partition
of real estate owned by the corporation when the real estate is the only substantial asset of the
corporation,
Com. Sub. for H. B. 3068, Empowering public service districts to enter into agreements for
engineering, design or feasibility studies, without the prior approval of the public service
commission,
H. B. 3077, Authorizing the tax commissioner to enter into agreements with the internal
revenue service for offsetting tax refunds against tax liabilities,
H. B. 3084, Restructuring the support enforcement commission in the areas of membership, duties and powers,
H. B. 3088, Authorizing the insurance commissioner to require nonresident excess line
brokers to remit the surcharge on fire and casualty insurance policies,
H. B. 3089, Modifying various requirements of financial institutions notifying the real estate
commission in certain circumstances,
Com. Sub. for H. B. 3109, Bringing the provisions of the teachers defined contribution
retirement system in conformity with those of the teachers retirement system,
H. B. 3190, Relating to the titling and ownership of property for area vocational education
programs,
H. B. 3191, Repealing the code relating to the governor's office of fiscal risk analysis and
management,
H. B. 3192, Abolishing the existing science and technology council and establishing a new
academy of science and technology,
H. B. 3193, Relating to reports on school attendance for purposes of accountability and
excluding certain absences,
H. B. 3194, Relating to updating fee structure provisions,
And,
H. B. 3197, Relating to the use of federal funds for youth in the custody of the division of
juvenile services.
On the passage of the bills, the yeas and nays were taken (Roll No. 184-209), 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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bills (Com. Sub. for H. B. 2094, Com. Sub. for H. B. 2237, Com. Sub. for H.
B. 2386, Com. Sub. for H. B. 2436, Com. Sub. for H. B. 2523, Com. Sub. for H. B. 2753, Com. Sub.
for H. B. 2760, Com. Sub. for H. B. 2768, Com. Sub. for H. B. 2875, Com. Sub. for H. B. 2972, H. B. 3027, H. B. 3037, H. B. 3062, Com. Sub. for H. B. 3068, H. B. 3077, H. B. 3084, H. B. 3088, H.
B. 3089, Com. Sub. for H. B. 3109, H. B. 3190, H. B. 3191, H. B. 3192, H. B. 3193, H. B. 3194 and
H. B. 3197) passed.
An amendment to the title of H. B. 3088, recommended by the Committee on Banking and
Insurance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 3088 - "A Bill to amend and reenact section thirty-three, article three, chapter thirty-
three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
the collection and remittance of certain policy surcharges by excess line brokers."
An amendment to the title of H. B. 3089, recommended by the Committee on Banking and
Insurance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 3089 - "A Bill to amend and reenact sections eighteen and twenty-two, article forty,
chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to modifying the requirement that financial institutions which maintain a trust fund deposit
account for real estate brokers notify the real estate commission if any checks drawn against the
account are returned for any cause; providing that a financial institution is required to notify the real
estate commission if any checks drawn against the trust fund account are returned for insufficient
funds; removing criminal and civil penalties applicable to a financial institution if a trust fund
account for a real estate broker fails to notify the real estate commission if any check drawn against
the account is returned for insufficient funds; and providing retroactive application."
Delegate Staton moved that Com. Sub. for H. B. 2523 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 210), 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, Crosier and Poling.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2523) takes effect from its passage.
Delegate Staton moved that Com. Sub. for H. B. 3109 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 211), 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 Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3109) takes effect from its passage.
Delegate Staton moved that H. B. 3191 take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 212), 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 Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3191) takes effect July 1, 2003.
Delegate Staton moved that H. B. 3193 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 213), 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 Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3193) takes effect from its passage.
Delegate Staton moved that H. B. 3197 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 214), 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 Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3197) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills and request concurrence therein.
Delegate Manchin announced that he was absent on Friday, February 28, 2003 when the votes were taken on Roll No. 183, and that had he been present, he would have voted "Yea"
thereon.
Delegate Brown announced that she was absent on Thursday, February 27, 2003 when the
votes were taken on Roll Nos. 173, 174, 175, 176, 177, 178, 179, 180 and 182, and that had she
been present, she would have voted "Yea" thereon.
Delegate Brown announced that she was absent on Thursday, February 27, 2003 when the
vote was taken on Roll No. 181 and that had she been present, she would have voted "Nay" thereon.
Second Reading
S. B. 447, Allowing reciprocal agreements with Ohio regarding hunting and fishing; on
second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2197, Providing a criminal penalty for a county school board member
to willfully and knowingly attempt to exercise authority outside statutory authority; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
H. B. 2363, Authorizing the tax commissioner to suspend a business registration certificate
if any business neglects to pay real property taxes thirty days after the delinquent tax list is
published; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"That section five, article twelve, chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted; that section eleven, article two,
chapter eleven-a of said code be amended and reenacted; and that said article be further amended
by adding thereto a new section, designated section twenty, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 12. BUSINESS REGISTRATION TAX.
§11-12-5. Time for which registration certificate granted; power of tax commissioner to
suspend or cancel certificate; refusal to renew.
(a) Registration period. -- All business registration certificates issued under the provisions
of section four of this article shall be are for the period of one year beginning the first day of July
and ending the thirtieth day of the following June: Provided, That beginning on or after the first day
of July, one thousand nine hundred ninety-nine, all business registration certificates issued under
the provisions of section four of this article shall be issued for two fiscal years of this state, subject
to the following transition rule. If the first year for which a business was issued a business
registration certificate under this article began on the first day of July of an even-numbered calendar
year, then the tax commissioner may issue a renewal certificate to that business for the period
beginning the first day of July, one thousand nine hundred ninety-nine, and ending the thirtieth day
of June, two thousand, upon receipt of fifteen dollars for each such one-year certificate. Thereafter,
only certificates covering two fiscal years of this state shall be issued.
(b) Revocation or suspension of certificate. --
(1) The tax commissioner may cancel or suspend a business registration certificate at any
time during a registration period if:
(A) The registrant filed an application for a business registration certificate, or an application
for renewal thereof, for the registration period that was false or fraudulent.
(B) The registrant willfully refused or neglected to file a tax return or to report information
required by the tax commissioner for any tax imposed by or pursuant to this chapter.
(C) The registrant willfully refused or neglected to pay any tax, additions to tax, penalties
or interest, or any part thereof, when they became due and payable under this chapter, determined
with regard to any authorized extension of time for payment.
(D) The registrant neglected to pay over to the tax commissioner on or before its due date,
determined with regard to any authorized extension of time for payment, any tax imposed by this
chapter which the registrant collects from any person and holds in trust for this state.
(E) The registrant abused the privilege afforded to it by article fifteen or fifteen-a of this
chapter to be exempt from payment of the taxes imposed by such articles on some or all of the
registrant's purchases for use in business upon issuing to the vendor a properly executed exemption
certificate, by failing to timely pay use tax on taxable purchase for use in business, or by failing to
either pay the tax or give a properly executed exemption certificate to the vendor.
(F) The registrant has failed to pay in full delinquent personal property taxes owing for the
calendar year immediately preceding the calendar year in which the application is made.
(2) Before canceling or suspending any such business registration certificate, the tax
commissioner shall give written notice of his or her intent to suspend or cancel the business
registration certificate of the taxpayer, the reason for the suspension or cancellation, the effective
date of the cancellation or suspension and the date, time and place where the taxpayer may appear
and show cause why such business registration certificate should not be canceled or suspended. This
written notice shall be served on the taxpayer in the same manner as a notice of assessment is served
under article ten of this chapter, not less than twenty days prior to the date of such the show cause
informal hearing. The taxpayer may appeal cancellation or suspension of its business registration
certificate in the same manner as a notice of assessment is appealed under article ten ten-a of this
chapter: Provided, That the filing of a petition for appeal shall does not stay the effective date of
the suspension or cancellation. A stay may be granted only after a hearing is held on a motion to
stay filed by the registrant, upon finding that state revenues will not be jeopardized by the granting
of the stay. The tax commissioner may, in his or her discretion and upon such terms as he or she
may specify, agree to stay the effective date of the cancellation or suspension until another date
certain.
(3) On or before the first day of August, two thousand three, the tax commissioner shall
propose for promulgation legislative rules through which ancillary procedures may be provided,
pursuant to authorization by the Legislature, to streamline the tax commissioner's suspension of
business registration certificates for failure to pay delinquent personal property taxespursuant to paragraph (F), subdivision (1) of this section. If the rules proposed for promulgation are authorized
by the Legislature and include requirements that county sheriffs provide the tax commissioner or
the registrant with information or notice, then those requirements shall have the same force and
effect as if set forth herein. No provision of this subdivision may be construed to restrict in any
manner the authority of the tax commissioner to suspend such certificates for failure to pay
delinquent personal property taxes under paragraph (C) or (F), subdivision (1) of this section or
under any other provision of this code prior to the authorization of the rules.
(c) Refusal to renew. -- The tax commissioner may refuse to issue or renew a business
registration certificate if the registrant is delinquent in the payment of any tax administered by the
tax commissioner under article ten of this chapter or the corporate license tax imposed by article
twelve-c of this chapter, until the registrant pays in full all such the delinquent taxes including
interest and applicable additions to tax and penalties. In his or her discretion and upon such terms
as he or she may specify, the tax commissioner may enter into an installment payment agreement
with such the taxpayer in lieu of the complete payment. Failure of the taxpayer to fully comply with
the terms of the installment payment agreement shall render the amount remaining due thereunder
immediately due and payable and the tax commissioner may suspend or cancel the business
registration certificate in the manner hereinbefore provided in this section.
(d) Refusal to renew due to delinquent personal property tax. -- The tax commissioner shall
refuse to issue or renew a business registration certificate when informed in writing, signed by the
county sheriff, that personal property owned by the applicant and used in conjunction with the
business activity of the applicant is subject to delinquent property taxes. The tax commissioner shall
forthwith notify the applicant that the commissioner will not act upon the application until
information is provided evidencing that the taxes due are either exonerated or paid.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
ARTICLE 2. DELINQUENCY AND METHODS OF ENFORCING PAYMENT.
§11A-2-11. Delinquent lists; oath.
The sheriff, after ascertaining which of the taxes assessed in his or her county are delinquent,
shall, on or before the first day of May next succeeding the year for which the taxes were assessed,
prepare the following delinquent lists, arranged by districts and alphabetically by name of the person
charged, and showing in respect to each the amount of taxes remaining delinquent on April thirtieth:
(1) A list of property in the landbook improperly entered or not ascertainable; (2) a list of other
delinquent real estate; and (3) a list of all other delinquent taxes: Provided, That the list shall
conclude with a notice, substantially as follows: 'Any person holding a West Virginia business
registration certificate under the authority of article twelve, chapter eleven of this code who does
not pay all delinquent personal property taxes shall have his or her license to do business in this state
suspended until the delinquency is cured'.
The sheriff on returning each list shall, at the foot thereof, subscribe an oath, which shall be
subscribed before and certified by some person duly authorized to administer oaths, in from form
or effect as follows:
I, ........, sheriff (or deputy sheriff or collector) of the County of ........., do swear that the
foregoing list is, to the best of my knowledge and belief, complete and accurate, and that I have
received none of the taxes listed therein.
Except for the oath, the tax commissioner state auditor shall prescribe the form of the
delinquent lists."
The bill was then ordered to engrossment and third 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:
Com. Sub. for H. B. 2480, Increasing the amount of penalties the commissioner of banking
may obtain and allowing the commissioner to expend funds to promote consumer awareness of
issues related to residential mortgage lending,
Com. Sub. for H. B. 2521, Establishing a school psychologist internship program,
Com. Sub. for H. B. 2714, Relating to the donation of firefighting and fire rescue equipment and insurance policies dealing with immunity coverage provisions,
H. B. 2764, Defining the content of subpoenas that may be issued by the insurance
commissioner,
Com. Sub. for H. B. 2800, Relating to compromise and settlement of claims for death by
wrongful act,
H. B. 2805, Allowing law-enforcement officers of municipalities that cover more than one
county to administer tests for determining alcoholic content in a drivers blood, breath or urine in the
counties which the municipality lies,
And,
Com. Sub. for H. B. 2895, Requiring eight hours annually of dementia specific training for
staff in nursing homes and personal care homes.
H. B. 2921, Providing an exemption for sales and services provided by licensed mortgage
brokers from the consumer sales and service tax; on second reading, coming up in regular order, was
read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page one, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-9h. Exemption for brokerage fees received by licensed mortgage brokers.
Services described in subdivision (5), section one, article seventeen, chapter thirty-one of
this code provided by a broker licensed under article seventeen, chapter thirty-one of this code are
exempt from the tax imposed by this article."
The bill was then ordered to engrossment and third 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:
Com. Sub. for H. B. 2948, Giving consumers greater opportunity to successfully obtain discontinuation of foreclosure sales and other efforts to repossess property,
H. B. 3016, Allowing the department of health and human resources to retain adult
protective service records for thirty years,
H. B. 3018, Changing the amount of time that the department of health and human resources
must retain child protective services' records,
H. B. 3052, Retitling the "Clerk of the Circuit Court" as the "Clerk of the Circuit and Family
Court",
Com. Sub. for H. B. 3056, Providing for the regulation of intrastate driving hours of for-hire
carriers,
Com. Sub. for H. B. 3070, Providing that a mass convention of a political party, to elect
delegates to the state convention, be held in the county instead of the various magisterial districts,
H. B. 3095, Authorizing the tax commissioner to disclose to the treasurer certain information
that would facilitate locating the owners of uncashed and unclaimed income tax refund checks,
H. B. 3104, Providing for commercial work orders for vehicle and equipment repair,
establishing criteria for commercial vehicle and equipment repair vendors and requiring a cost
effectiveness analysis for issuing commercial work orders,
H. B. 3108, Making all business entity filing requirements consistent with the corporation
requirements under the new corporation laws,
And,
Com. Sub. for H. B. 3117, Requiring contractors bidding on public works construction
projects to submit valid bid bonds in their proposals and to direct how public bids are received.
H. B. 3119, Relating to insurance fraud generally; on second reading, coming up in regular
order, was read a second time.
An amendment, recommended by the Committee on Banking and Insurance, was reported
by the Clerk and adopted, amending the bill on page two by striking out everything after the
enacting clause and inserting in lieu thereof the following:
Be it enacted by the Legislature of West Virginia:
That article twenty-two, chapter thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section, designated two-a; and that article
twenty-three of said chapter be amended by adding thereto a new section, designated two-a; and that
article twenty-four of said chapter be amended by adding thereto a new section, designated four-a;
and to that article twenty-five of said chapter be amended by adding thereto a new section,
designated six-a; and that article twenty-five-a of said chapter be amended by adding thereto a new
section, designated twenty-four-a; and to amend and reenact article forty-one of said chapter, all to
read as follows:
ARTICLE 22. FARMERS' MUTUAL FIRE INSURANCE COMPANIES.
§33-22-2a. Applicability of Insurance Fraud Prevention Act.
Notwithstanding any provision of this code to the contrary, article forty-one, chapter thirty-
three is applicable to farmers' mutual fire insurance companies.
ARTICLE 23. FRATERNAL BENEFIT SOCIETIES.
§33-23-2a. Applicability of Insurance Fraud Prevention Act
Notwithstanding any provision of this code to the contrary, article forty-one, chapter thirty-
three is applicable to fraternal benefit societies.
ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE
CORPORATIONS, DENTAL SERVICE CORPORATIONS AND HEALTH SERVICE
CORPORATIONS.
§33-24-4a. Applicability of Insurance Fraud Prevention Act
Notwithstanding any provision of this code to the contrary, article forty-one, chapter thirty-
three is applicable to hospital service corporations, medical service corporations, dental service
corporations and health service corporations.
ARTICLE 25. HEALTH CARE CORPORATIONS.
§33-25-6a. Applicability of Insurance Fraud Prevention Act
Notwithstanding any provision of this code to the contrary, article forty-one, chapter thirty-
three is applicable to health care corporations.
ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-24a. Applicability of Insurance Fraud Prevention Act
Notwithstanding any provision of this code to the contrary, article forty-one, chapter thirty-
three is applicable to health maintenance organizations.
ARTICLE 41. INSURANCE FRAUD PREVENTION ACT.
§33-41-1. Legislative purpose and findings.
This article may be cited as the West Virginia Insurance Fraud Prevention Act. The West
Virginia Legislature finds that the business of insurance involves many transactions that have
potential for fraud, abuse and other illegal activities. This article is intended to permit full utilization
of the expertise of the commissioner to investigate and discover fraudulent insurance acts more
effectively, halt fraudulent insurance acts and assist and receive assistance from state, local and
federal law enforcement and regulatory agencies in enforcing laws prohibiting fraudulent insurance
acts.
§33-41-2. Definitions.
As used in this article:
(a) "Benefits" mean money payments, goods, services or any other thing of value.
(b) "Business of insurance" means the writing of insurance or the reinsuring of risks by an
insurer, including acts necessary or incidental to writing insurance or reinsuring risks and the
activities of persons who act as or are officers, directors, agents or employees of insurers, or who
are other persons authorized to act on their behalf.
(c) "Claim" means an application or request for payment or benefits provided under an
insurance policy.
(d) "Commissioner" means the commissioner of insurance, the commissioner's designees
or the office of the insurance commissioner.
(e) "Financial loss" includes, but is not limited to, loss of earnings, out-of-pocket and other
expenses, repair and replacement costs and claims payments made by any insurer, provider or
person.
(f) "Fraudulent insurance act" means an act or omission committed by a person who,
knowingly and with intent to injure, defraud, or deceive any person commits, or conceals any
material information concerning, one or more of the following:
(1) Presenting, causing to be presented or preparing with knowledge or belief that it will be
presented to or by an insurer, a reinsurer, broker or its agent, false information as part of, in support
of or concerning a fact material to one or more of the following:
(A) An application for the issuance or renewal of an insurance policy or reinsurance
contract;
(B) The rating of an insurance policy or reinsurance contract;
(C) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract;
(D) Premiums paid on an insurance policy or reinsurance contract;
(E) Payments made in accordance with the terms of an insurance policy or reinsurance
contract;
(F) A document filed with the commissioner or the chief insurance regulatory official of
another jurisdiction;
(G) The financial condition of an insurer or reinsurer;
(H) The formation, acquisition, merger, reconsolidation, dissolution or withdrawal from one
or more lines of insurance or reinsurance in all or part of this state by an insurer or reinsurer;
(I) The issuance of written evidence of insurance; or
(J) The reinstatement of an insurance policy;
(2) Solicitation or acceptance of new or renewal insurance risks on behalf of an insurer,
reinsurer or other person engaged in the business of insurance by a person who knows or should
know that the insurer or other person responsible for the risk is insolvent at the time of the transaction;
(3) Removal, concealment, alteration or destruction of the assets or records of an insurer,
reinsurer or other person engaged in the business of insurance;
(4) Willful embezzlement, abstracting, purloining or conversion of monies, funds,
premiums, credits or other property of an insurer, reinsurer or person engaged in the business of
insurance;
(5) Transaction of the business of insurance in violation of laws requiring a license,
certificate of authority or other legal authority for the transaction of the business of insurance;
(6) Soliciting, offering or receiving any remuneration, including any kickback, rebate or
bribe, directly or indirectly, with the intent of causing an expenditure of moneys from any person
which would not otherwise be payable under an applicable insurance policy; or
(7) Attempting to commit, aiding or abetting in the commission of, or conspiracy to commit
the acts or omissions specified in this subsection.
(g) "Health care provider" means any person, firm or corporation rendering health care
services or goods.
(h) "Insurance" means a contract or arrangement in which one undertakes to:
(1) Pay or indemnify another as to loss from certain contingencies called "risks," including
through reinsurance;
(2) Pay or grant a specified amount or determinable benefit to another in connection with
ascertainable risk contingencies;
(3) Pay an annuity to another; or
(4) Act as surety.
(i) "Insurer" means a person entering into arrangements or contracts of insurance or
reinsurance. Insurer includes, but is not limited to, any domestic or foreign stock company, mutual
company, mutual protective association, farmers' mutual fire companies, fraternal benefit society,
reciprocal or interinsurance exchange, nonprofit medical care corporation, nonprofit health care corporation, nonprofit hospital service association, nonprofit dental care corporation, health
maintenance organization, captive insurance company, risk retention group or other insurer,
regardless of the type of coverage written, benefits provided or guarantees made by each. A person
is an insurer regardless of whether the person is acting in violation of laws requiring a certificate of
authority or regardless of whether the person denies being an insurer.
(j) "Insurance representative" means any person, firm or corporation acting on an insurer's
behalf, including, but not limited to, any agent, adjuster, officer, director, employee or investigator.
(k) "NAIC" means the national association of insurance commissioners.
(l) "Person" means an individual, a corporation, a limited liability company, a partnership,
an association, a joint stock company, a trust, trustees, an unincorporated organization, or any
similar business entity or any combination of the foregoing. "Person" also includes hospital service
corporations, medical service corporations and dental service corporations as defined in article
twenty-four of this chapter, health care corporations as defined in article twenty-five of this chapter,
or a health maintenance organization organized pursuant to article twenty-five-a of this chapter.
(m) "Policy" means an individual or group policy, group certificate, contract or arrangement
of insurance or reinsurance affecting the rights of a resident of this state or bearing a reasonable
relation to this state, regardless of whether delivered or issued for delivery in this state.
(n) "Reinsurance" means a contract, binder of coverage (including placement slip) or
arrangement under which an insurer procures insurance for itself in another insurer as to all or part
of an insurance risk of the originating insurer.
(o) "Statement" means any written or oral representation made to any person, insurer or
authorized agency. A statement includes, but is not limited to, any oral report or representation; any
insurance application, policy, notice or statement; any proof of loss, bill of lading, receipt for
payment, invoice, account, estimate of property damages, or other evidence of loss, injury or
expense; any bill for services, diagnosis, prescription, hospital or doctor record, x-ray, test result or
other evidence of treatment, services or expense; and any application, report, actuarial study, rate request or other document submitted or required to be submitted to any authorized agency. A
statement also includes any of the above recorded by electronic or other media.
(p) "Unit" means the insurance fraud unit established pursuant to the provisions of this
article acting collectively or by its duly authorized representatives.
§33-41-3. Fraudulent insurance acts, interference and participation of convicted felons
prohibited.
(a) A person may not commit a fraudulent insurance act.
(b) A person may not knowingly or intentionally interfere with the enforcement of the
provisions of this article or investigations of suspected or actual violations of this article.
(c)(1) A person convicted of a felony involving dishonesty or breach of trust may not
participate in the business of insurance.
(2) A person in the business of insurance may not knowingly or intentionally permit a
person convicted of a felony involving dishonesty or breach of trust to participate in the business
of insurance.
§33-41-4. Fraud warning required.
(a) Claim forms and applications for insurance, regardless of the form of transmission, shall
contain the following statement or a substantially similar statement:
"Any person who knowingly presents a false or fraudulent claim for payment of a loss or
benefit or knowingly presents false information in an application for insurance is guilty of a crime
and may be subject to fines and confinement in prison."
(b) The lack of a statement as required in subsection (a) of this section does not constitute
a defense in any prosecution for a fraudulent insurance act.
(c) Policies issued by nonadmitted insurers pursuant to article twelve-c of this chapter shall
contain a statement disclosing the status of the insurer to do business in the state where the policy
is delivered or issued for delivery or the state where coverage is in force. The requirement of this
subsection may be satisfied by a disclosure specifically required by section five, article twelve-c of this chapter; section nine, article thirty-two of this chapter; and section eighteen, article thirty-two
for this chapter.
(d) The requirements of this section shall not apply to reinsurance claim forms or
reinsurance applications.
§33-41-5. Investigative and prosecution authority of the commissioner.
(a) The commissioner may investigate suspected fraudulent insurance acts and persons
engaged in the business of insurance.
(b) The commissioner may employ attorneys to assist in the prosecution of violations of this
article. If the commissioner finds that the prosecuting attorney of the county in which the violation
occurred is, for some reason, unable or unwilling to take appropriate action, the commissioner may
petition the appropriate circuit court for the appointment of the commissioner's attorney as a special
prosecutor. An attorney appointed as a special prosecutor shall have the same authority as a county
prosecutor to investigate and prosecute criminal violations of this article.
(c) Funds allocated for insurance fraud prevention may be dispersed by the commissioner,
at his or her discretion, to prosecution authorities for the purpose of insurance fraud enforcement
as identified in this article.
(d) The commissioner may negotiate with an attorney representing the state to prosecute
violations of the Article, to provide technical and litigation assistance to the Department of
Insurance, and to allocate resources for the purpose of insurance fraud prosecution as identified in
this Article.
(e) It shall be the duty of the West Virginia state police, municipal police departments and
the sheriffs of the counties in West Virginia to assist fraud investigators in making arrests and the
duty of the prosecuting attorneys of the several counties to assist in the prosecution of all violations
of this chapter and of other chapters governing the regulatory authority of the office of the insurance
commissioner.
(f) The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction, to be issued without bond, restraining any person from violating or
continuing to violate any provision of this article or rule promulgated thereunder notwithstanding
the existence of other remedies at law.
§33-41-6. Mandatory reporting of fraudulent insurance acts.
(a) A person engaged in the business of insurance having knowledge or a reasonable belief
that a fraudulent insurance act is being, will be or has been committed shall provide to the
commissioner the information required by, and in a manner prescribed by, the commissioner.
(b) Any other person having knowledge or a reasonable belief that a fraudulent insurance
act is being, will be or has been committed may provide to the commissioner the information
required by, and in a manner prescribed by, the commissioner.
§33-41-7. Immunity from liability.
(a) There shall be no civil liability imposed on and no cause of action shall arise from a
person's furnishing information concerning suspected, anticipated or completed fraudulent insurance
acts, if the information is provided to or received from:
(1) The commissioner or the commissioner's employees, agents or representatives;
(2) Federal, state, or local law enforcement or regulatory officials or their employees, agents
or representatives;
(3) A person involved in the prevention and detection of fraudulent insurance acts or that
person's agents, employees or representatives; or
(4) The national association of insurance commissioners or its employees, agents or
representatives.
(b) Subsection (a) of this section shall not apply to statements made with actual malice. In
an action brought against a person for filing a report or furnishing other information concerning a
fraudulent insurance act, the party bringing the action shall plead specifically any allegation that
subsection (a) of this section does not apply because the person filing the report or furnishing the
information did so with actual malice.
(c) This section does not abrogate or modify common law or statutory privileges or
immunities.
§33-41-8. Confidentiality.
(a) Documents, materials or other information in the possession or control of the office of
the insurance commissioner that are provided pursuant to section six of this article or obtained by
the commissioner in an investigation of suspected or actual fraudulent insurance acts shall be
confidential by law and privileged, may not be subject to article one, chapter twenty-nine-b of the
West Virginia code, one thousand nine hundred thirty-one, as amended, are not open to public
inspection, may not be subject to subpoena, and may not be subject to discovery or admissible in
evidence in any private civil action. However, the commissioner is authorized to use the documents,
materials or other information in the furtherance of any regulatory or legal action brought as a part
of the commissioner's official duties. The commissioner is authorized to use the documents,
materials or other information if they are required for evidence in criminal proceedings or other
action by the state.
(b) Neither the commissioner nor any person who receives documents, materials or other
information while acting under the authority of the commissioner may be permitted or required to
testify in any private civil action concerning any confidential documents, materials or information
subject to subsection (a) of this section.
(c) In order to assist in the performance of the commissioner's duties, the commissioner:
(1) May share documents, materials or other information, including the confidential and
privileged documents, materials or information subject to subsection (a) of this section with other
state, federal and international regulatory agencies, with the national association of insurance
commissioners and its affiliates and subsidiaries, and with local, state, federal and international law
enforcement authorities, provided that the recipient agrees to maintain the confidentiality and
privileged status of the document, material or other information;
(2) May receive documents, materials or information, including otherwise confidential and privileged documents, materials or information, from the national association of insurance
commissioners and its affiliates and subsidiaries, and from regulatory and law enforcement officials
of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any
document, material or information received with notice or the understanding that it is confidential
or privileged under the laws of the jurisdiction that is the source of the document, material or
information;
(3) May enter into agreements governing sharing and use of information including the
furtherance of any regulatory or legal action brought as part of the recipient's official duties; and
(d) No waiver of any applicable privilege or claim of confidentiality in the documents,
materials or information shall occur as a result of disclosure to the commissioner under this section
or as a result of sharing as authorized in subsection (c) of this section.
§33-41-9. Creation and purpose of the insurance fraud unit.
(a) The West Virginia insurance fraud investigation unit is established within the office of
the insurance commissioner. The director of the insurance fraud investigation unit shall be a full-
time position and shall be appointed by the commissioner. The commissioner shall provide office
space, equipment, supplies, clerical and other staff necessary for the insurance fraud investigation
unit to carry out its duties and responsibilities under this article. The investigative personnel shall
be qualified by training and experience to perform the duties of their positions.
(b) The fraud unit may:
(1) Initiate independent inquiries and conduct independent investigations when the insurance
fraud unit has cause to believe that a fraudulent insurance act may be, is being or has been
committed;
(2) Review reports or complaints of alleged fraudulent insurance activities from federal,
state and local law enforcement and regulatory agencies, persons engaged in the business of
insurance, and the public to determine whether the reports require further investigation and to
conduct these investigations; and
(3) Conduct independent examinations of alleged fraudulent insurance acts and undertake
independent studies to determine the extent of fraudulent insurance acts.
(c) The insurance fraud investigation unit shall have the authority to:
(1) To employ and train personnel to achieve the purposes of this article and to employ legal
counsel, investigators, auditors and clerical support personnel and other personnel as the
commissioner determines necessary from time to time to accomplish the purposes herein;
(2) Inspect, copy or collect records and evidence;
(3) Serve subpoenas;
(4) Administer oaths and affirmations;
(5) Share records and evidence with federal, state or local law enforcement or regulatory
agencies;
(6) Make criminal referrals to the county prosecuting authorities; and
(7) Conduct investigations outside of this state. If the information the insurance fraud unit
seeks to obtain is located outside this state, the person from whom the information is sought may
make the information available to the insurance fraud unit to examine at the place where the
information is located. The insurance fraud unit may designate representatives, including officials
of the state in which the matter is located, to inspect the information on behalf of the insurance fraud
unit, and the insurance fraud unit may respond to similar requests from officials of other states.
(d) On or before the first day of each regular session of the Legislature, the commissioner
shall file with the governor, the clerk of the Senate and the clerk of the House of Delegates a report
detailing the finalized actions taken by the insurance fraud unit in the preceding fiscal year.
§33-41-10. Other law enforcement or regulatory authority.
This article shall not:
(a) Preempt the authority or relieve the duty of other law enforcement or regulatory agencies
to investigate, examine and prosecute suspected violations of law;
(b) Prevent or prohibit a person from disclosing voluntarily information concerning insurance fraud to a law enforcement or regulatory agency other than the insurance fraud unit; or
(c) Limit the powers granted elsewhere by the laws of this state to the commissioner or the
insurance fraud unit to investigate and examine possible violations of law and to take appropriate
action against wrongdoers.
§33-41-11. Fraudulent claims investigation unit of insurers.
(a) Every insurer admitted to do business in the state shall maintain effective procedures and
resources to deter and investigate fraudulent insurance acts prohibited by this article, including a unit
that will investigate suspected fraudulent insurance acts. For the purpose of this section, "insurer"
does not include reinsurers or reinsurance as defined in section eleven, article one of this chapter.
(b) Insurers may maintain the unit required by subsection (a) of this section, using its
employees or by contracting with others for that purpose.
(c) Insurers shall establish the unit required by this section no later than the first day of July,
two thousand four.
(d) The unit may include the assignment of fraud investigation to employees whose principal
responsibilities are the investigation and disposition of claims. If an insurer creates a distinct unit,
hires additional employees, or contracts with another entity to fulfill the requirements of this article,
the additional cost incurred shall be included as an administrative expense.
(e) Insurers shall make personnel involved in investigating insurance fraud and any files
relating to insurance fraud investigation available to the commissioner, local prosecuting officials,
special prosecuting attorneys, or other law enforcement agencies as needed in order to further the
investigation and prosecution of insurance fraud. Information supplied by an insurer and contained
in such files shall upon receipt become part of the investigative file and subject to the provisions of
section eight of this article. The insurer and its employees and agents shall be entitled to immunity
as provided in section seven of this article.
(f) Any expenses incurred by insurers as a result of this article shall be defrayed by such
insurers from their own funds and shall not be borne by the state or by the special insurance fraud fund.
§33-41-12. Rules.
The insurance commissioner may, in accordance with article three, chapter twenty-nine-a
of this code, promulgate reasonable rules as are necessary or proper to carry out the purposes of this
article.
§33-41-13. Penalties.
A person who violates this article is subject to the following:
(a) Suspension or revocation of license or certificate of authority, civil penalties of up to ten
thousand dollars per violation, or both. Suspension or revocation of license or certificate of authority
and imposition of civil penalties shall be pursuant to an order of the commissioner issued under
section thirteen, article two of this chapter. The commissioner's order may require a person found
to be in violation of this article to make restitution to persons aggrieved by violations of this article;
or
(b)(1) If a person commits a fraudulent insurance act of the value of one thousand dollars
or more, such person is guilty of a felony and, upon conviction thereof, shall be imprisoned in the
penitentiary not less than one nor more than ten years, and shall be fined not more than ten thousand
dollars.
(2) If a person commits a fraudulent insurance act of the value of less than one thousand
dollars, such person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in
jail for a term not to exceed one year or fined not to exceed two thousand five hundred dollars, or
both, in the discretion of the court.
(c) A person convicted of a violation of section three of this article shall be ordered to pay
restitution to persons aggrieved by the violation of this article. Restitution shall be ordered in
addition to a fine or imprisonment, but not in lieu of a fine or imprisonment; and
(d) A person convicted of a felony violation of this article pursuant to subsection (b) of this
section shall be disqualified from engaging in the business of insurance.
(e) Any money or other property that is awarded to the insurance fraud investigation unit
as costs of investigation, shall be credited to the special revenue fund established in section thirteen,
article three of this chapter.
§33-41-14. Violations of chapter; penalties for misdemeanor.
(a) It is a misdemeanor for any person to violate any of the provisions of this article unless
such violation is by this chapter or other law of this state declared to be a felony.
(b) Every person convicted of a misdemeanor for a violation of any of the provisions of this
article for which another penalty is not provided shall for a first conviction thereof be punished by
a fine of not more than one hundred dollars or by imprisonment for not more than ten days; for a
second such conviction within one year thereafter such person shall be punished by a fine of not
more than two hundred dollars or by imprisonment for not more than twenty days or by both such
fine and imprisonment; upon a third or subsequent conviction such person shall be punished by a
fine of not more than five hundred dollars or by imprisonment for not more than six months or both
such fine and imprisonment.
§33-41-15. Severability.
If any provisions of this article, or the application of a provision to any person or
circumstances, shall be held invalid, the remainder of the article and the application of the provision
to persons or circumstances other than those to which it is held invalid, shall not be affected.
The bill was then ordered to engrossment and third 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. 3141, Requiring the contractor licensing board to provide renewal notice to licensees,
Com. Sub. for H. B. 3155, Maintaining the security and confidentiality of business
processes,
H. B. 3199, Relating to reduced telephone service rates for qualified low-income residential
consumers,
H. B. 3200, Authorizing agencies to enter into performance-based contracts with qualified
providers of energy-conservation measures,
H. B. 3201, Allowing the family court to exercise jurisdiction concurrently with the circuit
court over petitions for a change of name,
And,
H. B. 3202, Clarifying and specifying the treatment of the activity of silviculture for
purposes of the business franchise tax.
The Clerk announced that, pursuant to House Rule 70a, Delegate Perdue had requested H.
B. 3202 be removed from the Consent Calendar and be placed upon the House Calendar.
Delegate Staton moved that the constitutional rule requiring the bills to be fully and
distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 215), and there were--yeas 96, nays
1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Louisos.
Absent And Not Voting: Coleman, Crosier and Webster.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, the following bills were then read a third time and put upon their
passage: S. B. 447, Com. Sub. for H. B. 2197, Com. Sub. for H. B. 2480, Com. Sub. for H. B. 2521,
Com. Sub. for H. B. 2741, H. B. 2764, Com. Sub. for H. B. 2800, H. B. 2805, Com. Sub. for H. B.
2895, H. B. 2921, Com. Sub. for H. B. 2948, H. B. 3016, H. B. 3018, H. B. 3052, Com. Sub. for H.
B. 3056, Com. Sub. for H. B. 3070, H. B. 3095, H. B. 3104, H. B. 3108, Com. Sub. for H. B. 3117,
H. B. 3119, H. B. 3141, Com. Sub. for H. B. 3155, H. B. 3199, H. B. 3200, and H. B. 3201.
On the passage of the bills, the yeas and nays were taken (Roll No. 242-268), and there
were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as
follows:
Nays: Louisos.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bills (S. B. 447, Com. Sub. for H. B. 2197, Com. Sub. for H. B. 2480, Com.
Sub. for H. B. 2521, Com. Sub. for H. B. 2714, H. B. 2764, Com. Sub. for H. B. 2800, H. B. 2805,
Com. Sub. for H. B. 2895, H. B. 2921, Com. Sub. for H. B. 2948, H. B. 3016, H. B. 3018, H. B.
3052, Com. Sub. for H. B. 3056, Com. Sub. for H. B. 3070, H. B. 3095, H. B. 3104, H. B. 3108,
Com. Sub. for H. B. 3117, H. B. 3119, H. B. 3141, Com. Sub. for H. B. 3155, H. B. 3199, H. B.
3200 and H. B. 3201) passed.
Delegate Staton moved that the constitutional rule requiring H. B. 2363 to be fully and
distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 297), and there were--yeas 96, nays
1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Louisos.
Absent And Not Voting: Coleman, Crosier and Webster.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, H. B. 2363 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. 298),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Louisos.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2363) passed.
An amendment to the title of H. B. 2363, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2363 - "A Bill to amend and reenact section five, article twelve, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
section eleven, article two, chapter eleven-a of said code, all relating to payment of personal
property taxes as a condition precedent to receiving or maintaining a business registration certificate;
allowing the tax commissioner to suspend a business registration certificate for failure to pay
delinquent personal property taxes; requiring the tax commissioner to suspend or refuse to issue a
business registration certificate upon notice from the sheriff that the registrant has not paid
delinquent personal property taxes; and requiring the tax commissioner to propose legislative rules."
An amendment to the title of H. B. 3119, recommended by the Committee on Banking and
Insurance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 3119 - "A Bill to amend article twenty-two, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated two-a; and to amend article twenty-three of said chapter by adding thereto a new section,
designated two-a; and to amend article twenty-four of said chapter by adding thereto a new section,
designated four-a; and to amend article twenty-five of said chapter by adding thereto a new section,
designated six-a; and to amend article twenty-five-a of said chapter by adding thereto a new section,
designated twenty-four-a; to amend and reenact article forty-one of said chapter, all relating to
insurance fraud; subjecting farmers' mutual insurance companies, fraternal benefit societies, certain
hospital, medical, dental and health services corporations, health care corporations, and health
maintenance organizations to insurance fraud provisions; defining terms; establishing an insurance
fraud unit within the division of insurance; authorizing the promulgation of rules and requiring the
filing of annual reports; establishing powers and duties of the unit; outlining investigative powers
and procedures; providing confidentiality and immunity of the unit operations; prohibiting insurance
fraud; establishing criminal penalties and fines; authorizing prosecution for fraudulent acts;
authorizing special prosecutors; specifying duties of insurers; authorizing funding by an assessment of insurers; establishing the West Virginia insurance fraud prevention act; defining legislative intent
and terms; creating misdemeanor and felony offenses for the commission of fraudulent acts; and
creating penalties, exceptions and immunities."
Delegate Staton moved that Com. Sub. for H. B. 2521 take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 269), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for 2521) takes effect July 1, 2003.
Delegate Staton moved that Com. Sub. for H. B. 2895 take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 270), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2895) takes effect July 1, 2003.
Delegate Staton moved that H. B. 2921 take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 271), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2921) takes effect July 1, 2003.
Delegate Staton moved that H. B. 3200 take effect from passage.
On this question, the yeas and nays were taken (Roll No. 272), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3200) takes effect from passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills and request concurrence on those bills requiring the same.
First Reading
S. B. 390, Removing requirement social security number appear on commercial driver's
license; on first reading, coming up in regular order, was read a first time and ordered to second
reading.
Special Calendar
Third Reading
S. B. 112, Allowing farm wineries to manufacture, serve and sell certain wines; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 273),
and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Armstead and Louisos.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 112) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
S. B. 112 - "A Bill to amend and reenact section three, article sixteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
section five-a, article one, chapter sixty of said code; to amend and reenact section two, article six
of said chapter and to amend and reenact section two, article eight of said chapter, all relating
generally to beverages containing alcohol; defining fortified beer; allowing farm wineries to produce
wine from other agricultural products containing sugar; allowing farm wineries to manufacture,
serve and sell dessert, port, sherry and Madeira wines; and excluding dessert wine produced by farm wineries from the definition of fortified wine."
Com. Sub. for H. B. 2092, Creating a sentencing commission and providing for the
appointment, terms and qualifications of members; on third reading, coming up in regular order, was
read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 274),
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, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2092) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Still being in the possession of the Clerk, S. B. 112, Allowing farm wineries to manufacture,
serve and sell certain wines, was, on motion of Delegate Staton, taken up for further consideration.
Delegate Staton moved that the bill (S. B. 112) take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 275), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 112) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills and request concurrence therein.
Com. Sub. for H. B. 2438, Allowing teachers who withdrew from the teachers retirement
system in favor of the defined contribution retirement system to return to the teachers retirement
system; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 276), 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, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2438) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 277), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2438) 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.
Com. Sub. for H. B. 2456, Creating civil immunity for persons resisting criminal activities;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 278),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Fleischauer.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2456) passed.
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. B. 2592, Authorizing the department of administration to promulgate
legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 279),
and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Hall, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2592) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 280), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2592) 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.
Com. Sub. for H. B. 2599, Authorizing the department of education and the arts to
promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 281),
and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Sumner and Walters.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for 2599) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 282), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for 2599) 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.
Com. Sub. for H. B. 2615, Authorizing the department of military affairs and public safety
to promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 283),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Walters.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2615) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 284), and there were--yeas 96, nays
1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Sobonya.
Absent And Not Voting: Coleman, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2615) 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.
Com. Sub. for H. B. 2625, Authorizing the department of health and human resources to
promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 285),
and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Border, Louisos, Sobonya and Walters.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2625) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 286), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2625) 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.
Com. Sub. for H. B. 2648, Authorizing the department of transportation to promulgate
legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 287),
and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Louisos, Sobonya and Walters.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2648) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 288), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2648) 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.
Com. Sub. for H. B. 2675, Mandating insurance coverage for certain clinical trials for
ordinary costs of covered services; on third reading, coming up in regular order, was read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 289),
and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Blair, Carmichael and Walters.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2675) passed.
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. B. 2828, Increasing certain county clerk, circuit clerk, assessor, sheriff,
prosecuting attorney and magistrate court fees; on third reading, coming up in regular order, was
read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 290),
and there were--yeas 79, nays 18, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Anderson, Armstead, Ashley, Blair, Border, Calvert, Carmichael, Duke, Evans,
Leggett, Louisos, Romine, Schadler, Sumner, Thompson, R., Wakim, Walters and Webb.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2828) passed.
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. B. 2863, Formulating a process in which to project the net enrollment in
growth counties; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 291),
and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Hrutkay, Kuhn, Martin, Poling and Yeager.
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2863) passed.
Delegate Staton moved that the bill take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 292), and there were--yeas 95, nays
2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Kuhn and Yeager.
Absent And Not Voting: Coleman, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2863) takes effect July 1, 2003.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2866, Relating to construction financing for surface transportation improvements
through federal grant anticipation notes; on third reading, coming up in regular order, was read a
third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 293),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Coleman, Crosier, Faircloth and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2866) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 294), 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, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2866) 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.
Com. Sub. for H. B. 2869, Relating to the creation, development and operation of an
automated tax administration system; on third reading, coming up in regular order, was, at the
request of Delegate Staton, and by unanimous consent, laid over one day.
Com. Sub. for H. B. 2880, Underground storage tanks registration fees; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 295),
and there were--yeas 66, nays 31, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Anderson, Armstead, Ashley, Azinger, Blair, Border, Browning, Calvert, Canterbury,
Carmichael, Caruth, Ellem, Evans, Faircloth, Hall, Hamilton, Howard, Leggett, Louisos,
Overington, Proudfoot, Romine, Schadler, Schoen, Sobonya, Sumner, Trump, Wakim, Walters,
Webb and White, G..
Absent And Not Voting: Coleman, Crosier and Webster.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2880) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 296), and there were--yeas 79, nays
18, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Azinger, Border, Browning, Canterbury, Carmichael, Ellem, Evans, Faircloth,
Hamilton, Leggett, Louisos, Overington, Schadler, Schoen, Sobonya, Sumner, Wakim and Walters.
Absent And Not Voting: Coleman, Crosier and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2880) 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. 2920, Increasing certain benefits to dependents of a state trooper killed in the line of
duty; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the
table.
At 1:11 p. m., on motion of Delegate Staton, the House of Delegates recessed until 3:30 p.
m., and reconvened at that time.
* * * * * * * * * *
Evening Session
* * * * * * * * * *
Reordering of the Calendar
Delegate Staton announced that the Committee on Rules had reordered the remaining bills
on the calendar as follows:
Special Calendar, Unfinished Business: H. C. R. 47.
Special Calendar, Third Reading: H. B. 2961, H. B. 2991, Com. Sub. for H. B. 3035, Com. Sub. for H. B. 3115 and H. B. 3202.
Special Calendar, Second Reading: Com. Sub. for H. B. 3075, Com. Sub. for S. B. 3092 and
H. B. 3196.
Special Calendar, First Reading: H. B. 3032 (on second reading); H. B. 3081 (on first
reading); H. B. 2119 (on second reading); and H. B. 3195 (on third reading).
Special Calendar
Unfinished Business
H. C. R. 47, Requesting the Joint Committee on Government and Finance to study the
powers, duties and functions of the Governor's cabinet on children and families; 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
H. B. 2961, Limiting idling of school bus engines for more than five minutes except for
certain reasons; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 299),
and there were--yeas 61, nays 34, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Ashley, Blair, Cann, Carmichael, Caruth, Craig, DeLong, Ellem, Ennis, Evans, Hall,
Hamilton, Hartman, Howard, Leggett, Louisos, Overington, Perdue, Proudfoot, Romine, Schadler,
Schoen, Shelton, Smirl, Sobonya, Stalnaker, Sumner, Swartzmiller, Thompson, R., Thompson, R.
M., Tucker, Webb, White, G. and Yost.
Absent And Not Voting: Butcher, Coleman, Crosier, Ferrell and Frederick.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2961) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2991, Relating to the fee charged by fiduciary commissioners in settling an estate; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 300),
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: Butcher, Coleman, Crosier, Ferrell and Frederick.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2991) passed.
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. B. 3035, Excluding PROMISE scholarship applicants if they receive ten
thousand dollars or more from family contributions; on third reading, coming in regular order, was
read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 301),
and there were--yeas 73, nays 25, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Ashley, Blair, Boggs, Border, Brown, Browning, Calvert, Cann, Caputo,
Caruth, Ellem, Fragale, Frederick, Hrutkay, Iaquinta, Leggett, Manchin, Martin, Overington, Poling,
Schoen, Wakim, White, G. and Yeager.
Absent And Not Voting: Coleman and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3035) passed.
Delegate Staton moved that the bill take effect July 1, 2003.
On this question, the yeas and nays were taken (Roll No. 302), and there were--yeas 83, nays
15, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Boggs, Brown, Browning, Cann, Caputo, Ellem, Fragale, Hrutkay, Kuhn, Manchin,
Poling, Schoen, Sobonya, Walters and Yeager.
Absent And Not Voting: Coleman and Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3035) takes effect July 1, 2003.
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. B. 3115, Instituting a "Celebrate Freedom Week" and requiring the
instruction in the study of the Declaration of the Independence and other founding American
historical documents; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 303),
and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Brown, Carmichael, Duke, Evans, Iaquinta, Leggett, Schadler, Shaver and Yeager.
Absent And Not Voting: Coleman and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3115) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
H. B. 3202, Clarifying and specifying the treatment of the activity of silviculture for
purposes of the business franchise tax; having been reported from Committee in earlier proceedings,
read a first time, and ordered to second reading, was taken up for further consideration.
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. 304), and there were--yeas 96, nays
2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Craig and Leach.
Absent And Not Voting: Coleman and Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then ordered to engrossment and third reading.
Having been engrossed, H. B. 3202 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. 305),
and there were--yeas 78, nays 20, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Brown, Butcher, Caputo, Caruth, Craig, Hatfield, Hrutkay, Leach, Leggett, Manchin,
Manuel, Martin, Morgan, Perdue, Poling, Smirl, Sobonya, Spencer, Susman and Thompson, R..
Absent And Not Voting: Coleman and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3202) passed.
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. B. 3075, Providing for non-relative visitation for health care patients; on
second reading, coming up out of regular order, was read a second time and ordered to engrossment
and third reading.
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. 306), 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 Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, Com. Sub. for H. B. 3075 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. 307),
and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Craig, Evans, Foster, Leach, Schadler, Walters and Webb.
Absent And Not Voting: Coleman and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3075) passed.
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. B. 3092, Clarifying the prohibited discrimination and changing the
employee's remedy for a violation of prohibited acts; on second reading, coming up out of regular
order, was then read a second time.
On motion of Delegate Staton, the bill was amended on page one, by striking out everything
following the enacting clause and inserting in lieu thereof the following:
That section five, article five-e, chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and reenacted; and that article five-e,
chapter twenty-one of said code be amended by adding thereto a new section, designated section
seven, all to read as follows:
ARTICLE 5E. EQUAL PAY FOR EQUAL WORK FOR STATE EMPLOYEES.
§21-5E-5. Establishment of the equal pay commission; appointment of members; and
expiration date.
(a) The equal pay commission is hereby established. The commission shall be composed
of seven members, as follows:
(1) Two members of the House of Delegates, appointed by the speaker;
(2) Two members of the Senate, appointed by the president; and
(3) Three state employee representatives, including one labor union member representing
state employees, as agreed to by the speaker and president; the director of the women's commission,
or his or her designee; and the director of the office of equal employment opportunity, or his or her
designee.
(b) The commission shall seek input from and invite the commissioner of labor or his or her
designee and the director of the personnel division of the department of administration or his or her
designee to attend meetings of the commission.
(c) One of the members of the Senate and one of the members of the House of Delegates, as designated by the president and the speaker respectively, shall serve as cochair of the
commission.
(d) The members of the House of Delegates, the members of the Senate and the state
employee representative members initially appointed shall serve until the thirty-first day of
December, one thousand nine hundred ninety-eight. Those members shall thereafter be appointed
to serve two-year terms beginning the first day of January, one thousand nine hundred ninety-nine.
(e) Any member whose term has expired shall serve until his or her successor has been duly
appointed. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any
member shall be eligible for reappointment.
(f) Any vacancies occurring in the membership of the commission shall be filled in the same
manner as the original appointment for the position being vacated. The vacancy shall not affect the
power of the remaining members to execute the duties of the commission.
(g) The commission expires on the first day of July, two thousand three thirteen.
§21-5E-7. Study by equal pay commission; report to Joint Committee on Government and
Finance by specified date of study conclusions.
A study shall be undertaken by the equal pay commission for the implementation of equal
pay for equal work for state employees, with report to be made by the commission to the joint
committee on government and finance of the Legislature by the thirtieth day of November, two
thousand three.
The bill was then ordered to engrossment and third reading.
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. 308), 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 Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, 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. 309),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for 3092) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 3092 - "A Bill to amend and reenact section five, article five-e, chapter
twenty-one of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; and
to further amend said article by adding a new section designated section seven, all relating to
continuation of the equal pay commission; providing for a study by the equal pay commission;
requiring report and specifying due date.
"
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 3196, Relating to improving the administration and management of the public schools;
on second reading, coming up in regular order, was read a second time.
On motion of Delegate Mezzatesta, the bill was amended on page eighteen, section one-a,
line fifteen, following the word "committee" by inserting a colon and the following "Provided, That
"office" or "committee" as used in this subsection and subsection (a) of this section, does not
include service on any board, elected or appointed, profit or non profit, for which the person does
not receive compensation and whose primary scope is not related to the public schools."
On motion of Delegate Mezzatesta, the bill was then further amended on page twenty-three,
section one-d, line seven, following the words "organizations in arriving at" by striking out the word
"it" and inserting in lieu thereof the word "their".
On page twenty-five, section one-d, line forty-six, following the word "annually", by striking
out the word "evaluate" and inserting in lieu thereof the word "review".
And,
On page twenty-six, section one-d, line fifty-one, following the word "improving", by striking out the word "of".
The bill was then ordered to engrossment and third reading.
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. 310), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Coleman, Crosier and Duke.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, 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. 311),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3196) passed.
On motion of Delegate Mezzatesta, the title of the bill was amended to read as follows:
H. B. 3196 - "A Bill to amend and reenact section four, article two-e, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
sections one, two and ten, article four of said chapter; to amend and reenact sections one-a, four and
fourteen, article five of said chapter; to further amend said article by adding thereto a new section,
designated section one-d; and to amend and reenact section two, article five-a of said chapter, all
relating to improving the administration and management of the public schools; providing for
information on school report cards and flexibility in method of delivery to parents; clarifying
appointment of county superintendent and changing latest date for appointment; clarifying status
as teacher following term; permitting residence in contiguous county; replacing requirements for
physical exam with tuberculin skin test; requiring certain reporting to board by superintendent on
certain matters; removing service on certain boards in certain circumstances from limitation on service on county boards; providing for certain advisory opinions by ethic commission and
specifying effect of reliance upon them by board members, members elect and persons seeking
office; specifying additional training for board members and options for crediting time; requiring
certain studies by county boards and providing for reports; authorizing boards to compensate
members for service on certain boards within certain limits; clarify authority to meet in locations
in county subject to proper notice; providing for alternate requirements for annual meeting with
members of local school improvement councils and providing for structure and agenda providing
for report forms; providing for information requests, additional meetings and consultations; allowing
additional time for county report to state board; providing for annual review of certain county
policies; limiting parent members of local school improvement councils who may by employed at
the school; providing limit on time for filling council vacancies; providing for certain information
to be provided to council at organizational meeting; providing for annual council meetings with
county and submission of written information; and authorizing state board to solicit and contract for
orientation training for council members."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 3032, Relating to setting forth purpose of the consolidated public retirement board; on
second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page three, section one, line fourteen, following the words "this code"
and the period, by striking out the remainder of the subsection.
On page three, section one, line twenty-five, following the words "or active" and the period,
by striking out the remainder of the subsection.
On page eight, section one, following line one hundred twenty-six, by striking out subsection
(j) in its entirety, and re-designating the following subsection accordingly.
And,
On page ten, section two, following line twenty-one, by striking out subsection (e) in its
entirety.
The bill was then ordered to engrossment and third reading.
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. 312), and there were--yeas 97, nays
1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Frich.
Absent And Not Voting: Coleman and Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, 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. 313),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3032) passed.
On motion of Delegate Michael, the title of the bill was amended to read as follows:
H. B. 3032 - "A Bill to amend and reenact sections one and two, article ten-d, chapter five
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to
clarifying the fiduciary obligations and duties of consolidated public retirement board members to
the retirement funds and the members of the retirement systems; and providing for per diem pay of
board members."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 314), 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, Crosier and Hamilton.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3032) 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. 3081, Providing for safe schools through alternative education programs and providing
certain juvenile justice records to public school officials; on first reading, coming up in regular
order, was read a first time.
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. 315), 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, Crosier and Stemple.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk
and adopted, amending the bill on page one, line twenty-four through page three, line ten, by striking
out section twenty-one from the bill.
And,
By amending the enacting section to read as follows:
"That section seventeen, article five, chapter forty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows"
followed by a colon.
The bill was then ordered to engrossment and third reading.
Having been engrossed, 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. 316),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3081) passed.
An amendment to the title of the bill, recommended by the Committee on Education, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 3081 - "A Bill to amend and reenact section seventeen, article five, chapter forty-nine
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing certain juvenile justice records to public school officials; specifying minimum types of
information to be provided; and providing special disposition for psychological reports and results."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Special Calendar bills and request concurrence therein.
Delegate Doyle announced that he was absent on Friday, February 28, 2003, when the vote
was taken on Roll No. 183, and that had he been present, he would have voted "Yea" thereon.
Delegate Ferrell and Butcher announced that they was absent on Friday, February 28, 2003,
when the votes were taken on Roll Nos.299 and 300, and that had they been present, they would
have voted "Yea" thereon.
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
On motion for leave, concurrent resolutions were introduced (Originating in the Committee
on Banking and Insurance and reported with the recommendation that they each be adopted), which
were read by their titles, as follows:
By Delegates H. White, Azinger, Beach, Butcher, Canterbury, Faircloth, Frich, Foster,
Hamilton, Hatfield, Hartman, Hrutkay, Iaquinta, Morgan, Pino, Spencer, R. M.
Thompson, Walters and G. White:
H. C. R. 66 - "Requesting the Joint Committee on Government Finance to conduct a study
of the benefits of captive insurance companies and the most effective means of regulating these
entities."
Whereas, There is concern in West Virginia relating to the availability and affordability of
medical malpractice insurance and other lines of insurance coverage; and
Whereas, Captives are an alternative type of risk management which may afford significant
financial and business advantages; and
Whereas, Captives can be a means of providing insurance coverage that might otherwise
be unavailable; and
Whereas, The citizens and business of West Virginia have an interest in exploring
alternative means of risk management; and,
Whereas, The effective and efficient regulation of captive insurance companies is important
to the stability of West Virginia's economy and its consumers; and
Whereas, The Legislature finds that both citizens and businesses in West Virginia would
benefit from a study of the impact of captive insurance companies and the most efficient means of
regulating these entities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby directed to conduct a study
of the impact of captive insurance companies and the most efficient means of regulating these
entities; and, be it
Further Resolved, That the Joint Committee on Government and Finance report its findings
and recommendations resulting from the study to the regular session of Legislature, 2004, together
with drafts of any proposed legislation necessary to effectuate such 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 legislative appropriations to the Joint Committee on
Government and Finance.
By Delegates R. M. Thompson, Beach, Butcher, Canterbury, Faircloth, Foster,
Hamilton, Hartman, Hrutkay, Iaquinta, Morgan, Perry, Pino, Spencer, Webster, H.
White and G. White:
H. C. R. 67 - "Requesting the Joint Committee on Government Finance to conduct a study
on payday advances and lending."
Whereas, Certain financial service associations and institutions offer payday advances to
customers; and
Whereas, This practice is commonly referred to as payday lending; and
Whereas, Certain states regulate payday lending; and
Whereas, The federal government regulates payday lending through institutions which are
subject to federal regulation; and
Whereas, The citizens and financial institutions of West Virginia would benefit from a
study to determine if the State of West Virginia should regulate payday lending and thereby allow
certain state financial institutions to offer this service; and
Whereas, To determine the most effective means of regulating this industry and the impact
of regulation upon West Virginia financial institutions and citizens, it is necessary to study the
regulation of the practice of payday lending by other states and federal agencies; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby directed to conduct a study
of payday lending; and, be it
Further Resolved, That the Joint Committee on Government and Finance report its findings
and recommendations resulting from the study to the regular session of Legislature, 2004, together
with drafts of any proposed legislation necessary to effectuate such 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 legislative appropriations to the Joint Committee on
Government and Finance.
By Delegates H. White, Beach, Butcher, Canterbury, Faircloth, Foster, Hamilton,
Hartman, Hatfield, Hrutkay, Morgan, Perdue, Perry, Pino, Walters, Webster and G.
White:
H. C. R 68 - "Requesting the Joint Committee on Government Finance to conduct a study
of the of the availability and affordability of automobile insurance in West Virginia."
Whereas, The availability and affordability of automobile insurance is a concern for
citizens in West Virginia; and
Whereas, Certain national insurance companies offering automobile insurance coverage
have announced that they will no longer be writing new business in the State; and
Whereas, The citizens of West Virginia and businesses may be adversely affected by their
inability to obtain both adequate and affordable coverage; and
Whereas, The effective regulation of insurance is important to both insurers and citizens;
and
Whereas, The laws of this State governing the non-renewal of automobile insurance
policies impact both insurers and consumers; and
Whereas, Both insurers and consumers would benefit from a study of the impact of the laws
of the State relating to restrictions on the non-renewal of automobile insurance policies; and
Whereas, The surcharging and multi-tiering practices of insurance companies may impact
the cost of certain automobile insurance coverage; and
Whereas, A study of the impact of surcharging and multi-tiering would be beneficial to
consumers; and
Whereas, The consumers and insurers in West Virginia would benefit from a study to
determine the underlying factors affecting the availability and affordability of automobile insurance
coverage and to determine the effect of state regulation on this industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby directed to conduct a study
of the availability and affordability, and the impact of regulation of automobile insurance coverage
in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report its findings
and recommendations resulting from the study to the regular session of Legislature, 2004, together
with drafts of any proposed legislation necessary to effectuate such 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 legislative appropriations to the Joint Committee on
Government and Finance.
And,
By Delegates H. White, Azinger, Beach, Canterbury, Frich, Foster, Hamilton, Hatfield,
Hartman, Hrutkay, Iaquinta, Perdue, Pino, Spencer, R. M. Thompson, Walters and G. White:
H. C. R 69 - "Requesting the Joint Committee on Government Finance to conduct a study
of the of the availability and affordability of commercial, property and casualty insurance."
Whereas, The affordability and availability of commercial, property and casualty insurance
is a concern for businesses and citizens in West Virginia; and
Whereas, Access to affordable insurance is crucial to the economic viability of West
Virginia's economy; and
Whereas, Businesses in the state have been experiencing difficulty in obtaining and
maintaining insurance coverage; and
Whereas, If present trends continue in West Virginia that there may be a commercial,
property and casualty insurance crisis; and
Whereas, A study of the impact of economic forces and regulation upon these lines of
insurance is important to maintaining a stable insurance market in West Virginia and ensuring the
continued availability of these lines of coverage; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby directed to conduct a study
of the availability and affordability of commercial, property and casualty insurance in West
Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report its findings
and recommendations resulting from the study to the regular session of Legislature, 2004, together
with drafts of any proposed legislation necessary to effectuate such 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 legislative appropriations to the Joint Committee on
Government and Finance.
The Speaker then referred the resolutions to the Committee on Rules.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3051, Altering the certain reportable threshold dollar amounts on legislative member
financial disclosure statements and lobbyist reports,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 3051 - "A Bill to amend and reenact sections seven and ten, article
two, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to altering the certain reportable threshold dollar amounts on certain elected and
appointed public official financial disclosure statements,"
With the recommendation that the committee substitute do pass.
Unanimous consent having been obtained, the bill was then taken up for immediate
consideration, read a first time and ordered to second reading.
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. 317), and there were--yeas 94, nays
3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Frich, Schoen and Sobonya.
Absent And Not Voting: Browning, Coleman and Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, 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. 318),
and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Calvert, Hrutkay, Louisos and Sobonya.
Absent And Not Voting: Browning, Coleman, Crosier and Mezzatesta.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3051) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2414, Relating to thoroughbred breeders association,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2414 - "A Bill to amend and reenact sections ten and thirteen-b, article
twenty-three, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, relating to horse and dog racing generally; increasing from ten to thirteen the number
of racing performances during a calendar day by an association or licensee before the payment of
both the daily license tax and the alternative tax imposed by section ten; and increasing the amount
of restricted thoroughbred horse races in certain circumstances,"
With the recommendation that the committee substitute do pass.
Unanimous consent having been obtained, the bill was then taken up for immediate
consideration, read a first time and ordered to second reading.
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. 319), and there were--yeas 94, nays
4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Louisos, Smirl and Sobonya.
Absent And Not Voting: Coleman and Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, 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. 320),
and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Louisos, Smirl and Sobonya.
Absent And Not Voting: Coleman and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2414) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2406, Immunity from civil liability for members of a national ski patrol system.
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2406 - "A Bill to amend article seven, chapter fifty-five of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new
section, designated section sixteen, relating to immunity from civil liability for members of a
national ski patrol system under certain circumstances; and defining terms,"
With the recommendation that the committee substitute do pass.
Unanimous consent having been obtained, the bill was then taken up for immediate
consideration, read a first time and ordered to second reading.
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. 321), 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 Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, 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. 322),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2406) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3083, Providing that magistrate court may be temporarily held in various locations
throughout the county,
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 (H. B. 3083) to the Committee on Finance
was abrogated.
Unanimous consent having been obtained, the bill was then taken up for immediate
consideration, read a first time and ordered to second reading.
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. 323), 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 Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, 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. 324),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3083) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2684, Authorizing the commissioner of department of highways to set certain speed
limits,
H. B. 2700, Adding health maintenance organization review committee to the definition of
"review organizations",
H. B. 3006, Allowing the use of photostatic copies of uncertified documents to establish the
full performance of a preneed burial contract,
H. B. 3093, Requiring county commissions to follow geographic physical features
recognized by the United States Census Bureau when determining precinct boundaries,
And,
H. B. 3105, Eliminating the interest payment on any untimely provider paid claims for health
care services if the amount of interest is less than one dollar,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Unanimous consent having been obtained, H. B. 2684 was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 325), 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 Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading,
Having been engrossed, 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. 326),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2684) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Unanimous consent having been obtained, the H. B. 2700 was then taken up for immediate
consideration, read a first time and ordered to second reading.
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. 327), 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 Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, 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. 328),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2700) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Unanimous consent having been obtained, H. B. 3006 was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 329), 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 Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was 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. 330),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3006) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Unanimous consent having been obtained, H. B. 3093 was taken up for immediate consideration, read a first time and ordered to second reading.
At the request of Delegate Staton, and by unanimous consent, further consideration of the
bill was then postponed until the completion of all items remaining on the calendar.
Unanimous consent having been obtained, H. B. 3105 was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 321), 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 Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, 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. 332),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3105) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary,
and reported by unanimous vote of the Committee, with the recommendation that it do pass), which
was read by its title, as follows:
By Delegates Hrutkay, Mahan, Smirl, Morgan, Caputo, Calvert and Brown:
H. B. 3203 - "A Bill to amend and reenact sections two, twelve-a and sixteen, article ten,
chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to reenact section fourteen of said article ten; and to further amend said article ten by adding thereto
a new section, designated section nineteen, all relating to amusement ride safety; defining terms;
allowing certain children to operate kiddie rides; limiting civil penalties; allowing owners and
operators to refuse admission to certain patrons; and providing criminal penalties."
Unanimous consent having been obtained, H. B. 3203 was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 333), 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 Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading and engrossment.
Having been engrossed, 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. 334),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3203) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2110, Declaring that lawful design, marketing, manufacture or sale of firearms or
ammunition to the public is not an unreasonably dangerous activity,
And reports the same back with the recommendation that it do pass.
Unanimous consent having been obtained, H. B. 2110 was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 335), 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 Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, 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. 336),
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 Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2110) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2285, Requiring hunting and fishing licensees to carry proof of identity and other
applicable documents,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
Unanimous consent having been obtained, H. B. 2285 was taken up for immediate consideration, read a first time and ordered to second reading.
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. 337), and there were--yeas 97, nays
1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Evans.
Absent And Not Voting: Coleman and Crosier.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, 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. 338),
and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Border, Butcher, Caruth, Evans, Frich and Leggett.
Absent And Not Voting: Coleman and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2285) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 5:30 p. m., on motion of Delegate Staton, the House of Delegates recessed until 6:30 p.
m., and reconvened at that time.
Reordering of the Calendar
Delegate Staton announced that the Committee on Rules had transferred H. B. 2119, on
second reading, from the Special Calendar to the House Calendar
First Reading
The House then proceeded to take up bills having been reordered from various readings in
earlier proceedings, as follows:
H. B. 3195, Changing agency termination dates pursuant to West Virginia sunset law; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 339),
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: Armstead, Coleman, Crosier, Faircloth and Shelton.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3195) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
The House then proceeded to further consideration of H. B. 3093, having been reported from
Committee and read a first time in earlier proceedings, and postponed until this time.
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. 340), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Crosier, Faircloth and Shelton.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time.
The Clerk then reported an amendment by Delegate Trump as follows:
On page one, after the enacting section, line twenty, by inserting a new section to read as
follows:
" ARTICLE 2. APPORTIONMENT OF REPRESENTATION.
§1-2-2a. Redistricting office of joint committee on government and finance to study and
propose fair, balanced and rational plan to redistrict.
(a) Preparation for redistricting. -- The redistricting office of the joint committee on government and finance shall acquire appropriate information, review and evaluate available
facilities, and develop programs and procedures in preparation for drawing congressional and
legislative redistricting plans on the basis of each federal census. Funds shall be expended for the
purchase or lease of equipment and materials only with prior approval of the joint committee on
government and finance.
(b) By the thirty-first day of December of each year ending in zero, the redistricting office
of the joint committee on government and finance shall obtain from the United States bureau of the
census information regarding geographic and political units in this state for which federal census
population data has been gathered and will be tabulated. The redistricting office of the joint
committee on government and finance shall use the data so obtained to:
(1) Prepare necessary descriptions of geographic and political units for which census data
will be reported, and which are suitable for use as components of legislative districts; and
(2) Prepare maps of counties, cities and other geographic units within the state, which may
be used to illustrate the locations of legislative district boundaries proposed in plans drawn in
accordance with this section.
(c) As soon as possible after the first day of January of each year ending in one, the
redistricting office of the joint committee on government and finance shall obtain from the United
States bureau of the census the population data needed for legislative districting which the census
bureau is required to provide this state under United States Pul. L. 94-171, and shall use that data
to assign a population figure based upon certified federal census data to each geographic or political
unit described pursuant to the provisions of this subsection. Upon completing that task, the
redistricting office of the joint committee on government and finance shall begin the preparation of
congressional and legislative districting plans as required by this section.
(d) Timetable for preparation of plan. --
(1) Not later than the first day of April of each year ending in one, the redistricting office of
the joint committee on government and finance shall deliver to the clerk of the Senate and the clerk
of the House of Delegates identical bills embodying a plan of legislative and congressional districting prepared in accordance with this section. It is the intent of this section that the
Legislature shall bring the bill to a vote in either the Senate or the House of Delegates expeditiously,
but not less than three months after the report of the redistricting office of the joint committee on
government and finance required by this section is received and made available to the members of
the Legislature, under a procedure or rule permitting no amendments except those of a purely
corrective nature. It is further the intent of this section that if the bill is approved by the first house
in which it is considered, it shall expeditiously be brought to a vote in the second house under a
similar procedure or rule.
(2) If the bill embodying the plan submitted by the redistricting office of the joint committee
on government and finance fails to be approved by a constitutional majority in either the Senate or
the House of Delegates, the clerk of the Senate or the clerk of the House, as the case may be, shall
at once transmit to the redistricting office of the joint committee on government and finance
information which the Senate or House may direct regarding reasons why the plan was not
approved. The redistricting office of the joint committee on government and finance shall prepare
a bill embodying a second plan of legislative and congressional districting prepared in accordance
with this section, and taking into account the reasons cited by the Senate or House of Delegates for
its failure to approve the plan insofar as it is possible to do so within the requirements of this section.
If a second plan is required under this section, the bill embodying it shall be delivered to the clerk
of the Senate and the clerk of the House of Delegates not later than two months after the date of the
vote by which the Senate or the House of Delegates fails to approve the bill first submitted. It is the
intent of this section that, if it is necessary to submit a bill under this section, the bill be brought to
a vote not less than two months after the bill is printed and made available to the members of the
Legislature, in the same manner as prescribed for the first bill required under this section.
(3) If the bill embodying the plan submitted by the redistricting office of the joint committee
on government and finance under subdivision (2) of this section fails to be approved by a
constitutional majority in either the Senate or the House of Delegates, the same procedure as
prescribed by subsection (2) shall be followed. If a third plan is required under this section, the bill embodying it shall be delivered to the clerk of the Senate and the clerk of the House of Delegates
not later than two months after the date of the vote by which the Senate or the House of Delegates
fails to approve the bill submitted under subsection (2), but before the beginning of the next regular
session of the Legislature. It is the intent of this section that, if it is necessary to submit a bill under
this subsection, the bill be brought to a vote within the same time period after its delivery to the
secretary of the Senate and the chief clerk of the House of Delegates as is prescribed for the bill
submitted under subsection (2), but shall be subject to amendment in the same manner as other bills.
(4) Notwithstanding any other provision of this section:
(A) If population data from the federal census which is sufficient to permit preparation of
a congressional districting plan complying with article one, section four of the Constitution of West
Virginia becomes available at an earlier time than the population data needed to permit preparation
of a legislative districting plan in accordance with this section, the redistricting office of the joint
committee on government and finance shall so inform the presiding officers of the Senate and House
of Delegates. If the presiding officers so direct, the redistricting office of the joint committee on
government and finance shall prepare a separate bill establishing congressional districts and submit
it separately from the bill establishing legislative districts. It is the intent of this section that the
Legislature shall proceed to consider the congressional districting bill in substantially the manner
prescribed by this section.
(B) If the population data for legislative districting which the United States census bureau
is required to provide this state under United States Pub. L 94-171 is not available to the legislative
service bureau on or before the first day of February of the year ending in one, the dates set forth
in this section shall be extended by a number of days equal to the number of days after the first day
of February of the year ending in one that the federal census population data for legislative
districting becomes available.
(e) The redistricting office of the joint committee on government and finance shall plan and
propose congressional and legislative districts. The commencement of the proposed mapping
process for both the congressional and legislative districts shall be the creation of districts of equal population in a grid-like pattern across the state. Adjustments to the grid shall then be made as
necessary to accommodate the goals as set forth below:
(1) Districts shall comply with the United States Constitution and the United States Voting
Rights Act;
(2) Congressional districts shall have equal population to the extent practicable, and state
legislative districts shall have equal population to the extent practicable;
(3) Districts shall be geographically compact and contiguous to the extent practicable;
(4) District boundaries shall respect communities of interest to the extent practicable;
(5) To the extent practicable, district lines shall use visible geographic features, city, town
and county boundaries, and undivided census tracts; and
(6) To the extent practicable, single member delegate districts should be favored where to
do so would create no significant detriment to the other goals.
(7) No district may be drawn for the purpose of favoring a political party, incumbent
legislator or member of Congress, or other person or group, or for the purpose of augmenting or
diluting the voting strength of a language or racial minority group. In establishing districts, no use
may be made of any of the following data:
(A) Address of incumbent legislators or members of Congress;
(B) Political affiliations of registered voters;
(C) Previous election results; and
(D) Demographic information, other than population head counts, except as required by the
Constitution and laws of the United States.
(f) Party registration and voting history data shall be excluded from the mapping process.
The places of residence of incumbents or candidates shall not be identified or considered.
(g) The redistricting office of the joint committee on government and finance shall advertise
a proposed draft map of congressional districts and a proposed draft map of legislative districts to
the public for comment, which comment shall be taken for at least thirty days. Any member of
either body of the Legislature may, within this period, make inquiry of the independent redistricting commission concerning its methodology or proposed redistrict mapping, which inquiry shall be fully
addressed by the independent redistricting commission. The independent redistricting commission
shall then make and publish its final proposal for district boundaries and recommend the plan to the
Legislature, which shall vote as a full body upon it.
(h) The provisions regarding this section are self-executing. The independent redistricting
commission shall certify to the secretary of state that its final proposal for district boundaries of
congressional and legislative districts are in accordance with those constitutional and legal
requirements and considerations as provided for in this section.
(i) No elected or appointed office holder, lobbyist, official of a political party, or other person
affiliated with an elected or appointed office holder, lobbyist or official of a political party, may
influence or attempt to influence the district-mapping proposals of the redistricting office of the joint
committee on government and finance.
(j) The redistricting office of the joint committee on government and finance may not meet
or incur expenses after the proposed redistricting plan is completed, except if litigation or
government approval of the plan is pending, or to revise districts if required by court decisions or
if the number of congressional or legislative districts is changed."
Delegate Staton arose to a point of order as to the germaneness of the amendment.
To the point of order the Speaker replied, stating that the fundamental purpose of the bill was
to ensure that county precinct boundaries would follow geographical physical features and the
fundamental purpose of the amendment appeared to change the method by which the Legislature
would determine apportionment and redistricting, and ruled the fundamental purpose of the
amendment was not germane to the fundamental purpose of the bill.
The bill was then ordered to engrossment and third reading.
Having been engrossed, 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. 341),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Coleman, Crosier, Faircloth and Shelton.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3093) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Coleman and Crosier.
Delegate Overington asked and obtained unanimous consent that the remarks made by
Delegate Trump regarding the amendment offered by Delegate Trump to H. B. 3093 be printed in
the Appendix to the Journal.
At 6:38 p. m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Monday, March 3, 2003.