__________*__________
Tuesday, January 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 Monday, January 27, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2155, Providing a method for setting a cap on tuition and fees for higher education,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2155 - "A Bill to amend and reenact section three, article one-a,
chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact section one, article ten of said chapter, all relating to higher education;
tuition and fees; peer institutions; adjustments to peer institutions; and limitations on tuition and fee
increases,"
With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 2155) to the Committee
on Finance was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub
for H. B. 2155) was taken up for immediate consideration, read a first time and ordered to second
reading.
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. 2693, Providing the ability to define and draw DNA samples from convicted felons
for maintaining a DNA database,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
The Clerk announced that, pursuant to House Rule 70a, Delegate Schoen had requested H.
B. 2693, be removed from the Consent Calendar and be placed upon the House Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2512, Relating to competitive bidding and notice requirements for the development
of natural resources in which the public land corporation has an interest,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2512 - "A Bill to amend and reenact section six, article one-a, chapter
twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
competitive bidding and notice requirements for the development of natural resources in which the
public land corporation has an interest; and requiring public hearings, publication of notices and
procedure if evidence establishes or fails to establish the fair market value of the mineral interest,"
With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 2512) to the Committee
on Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2512) will be placed on the
Consent Calendar.
Messages from the Senate
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. 178 - "A Bill to amend and reenact section two, article two-a, chapter
fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to subject matter jurisdiction in the family courts; and including in that jurisdiction all actions for
payment of attorney fees in some cases, property distribution and spousal support"; 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. 186 - "A Bill to amend and reenact section three, article twenty-four, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to planning
and zoning; and defining aggrieved person for purposes of board of zoning appeals"; which was
referred to the Committee on Political Subdivisions 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. 189 - "A Bill to amend and reenact sections five and six, article eight-e, chapter thirty-
one-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the requirement of notice and conditions for approval of out-of-state bank applications to establish
bank branches in West Virginia; alternate method of providing notice to the commissioner; and
removal of the commissioner's right to object to branch proposals upon grounds purely dealing with
the procedures of the out-of-state bank's supervisory agency"; which was referred to the Committee
on Banking and Insurance 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. 190 - "A Bill to amend and reenact section six, article two, chapter thirty-one-a of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the bank
examination schedule for certain banking institutions"; which was referred to the Committee on
Banking and Insurance 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. 191 - "A Bill to amend and reenact section three, article ten, chapter
thirty-one-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the procedure for a state-chartered credit union to convert to a federal charter or a charter
of another state; removing the requirement of having a hearing; and increasing the period of required
notice to members prior to voting on the issue of conversion"; which was referred to the Committee
on Banking and Insurance 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. 192 - "A Bill to amend and reenact section seven, article eight-a, chapter thirty-one-a
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the notice required from bank holding companies that apply for financial holding company status";
which was referred to the Committee on Banking and Insurance then 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. 215 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to
the department of health and human resources - West Virginia health care authority, fund 5375,
fiscal year 2003, organization 0507, all supplementing and amending the appropriation for the fiscal
year ending the thirtieth day of June, two thousand three"; which was referred to the Committee on
Finance.
Resolutions Introduced
Delegates Fleischauer and Staton offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 13 - "Requesting the Joint Committee on Government and Finance to continue its
study of the current foster care system in West Virginia in regards to adequacy of funding, revenue
maximization, in-state retention, private and therapeutic foster care programs and per diem
reimbursement rates."
Whereas, It is in the best interests of the State to provide for a strong foster care system to
fulfill the treatment and permanency needs of our most vulnerable children; and
Whereas, Currently, West Virginia's foster care system is facing a crisis because of forced
reductions in spending and increases in out-of-state placements; and
Whereas, The number of youth in out-of-state placements has increased substantially during
the past year; and
Whereas, The therapeutic foster care reimbursement rate has not been increased for four
years and is inadequate to assure the quantity or quality of foster care homes to meet the needs of West Virginia's youth and children, particularly older youth with more challenging behaviors; and
Whereas, As a result of inadequate funding of foster care and a decrease in both in-state bed
capacity and utilization, youth have "trickled up" in the system of care to higher levels and more
costly types of care, including group residential care and out-of-state placements; and
Whereas, Increasing the overall funding of foster care programs and increasing the per diem
rate for reimbursement could help prevent a severe crisis in the programs that provide needed
out-of-home placements; and
Whereas, Increasing the per diem rate for reimbursement should also result in an increased
bed capacity in the foster care arena and an enhanced ability to recruit foster parents for youth with
more challenging behaviors and older adolescents in the juvenile justice system; and
Whereas, An increased in-state bed capacity in therapeutic foster care would allow children
to be diverted from more expensive group residential care, thus decreasing the need for many
out-of-state placements and providing for a source of revenue from savings as an out-of-home care
option; and
Whereas, A productive foster care system is not only an effective treatment for children at
risk, it could save the State millions while also providing the option for permanency or adoption;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to continue its
study of the current foster care system in West Virginia in regards to adequate funding, revenue
maximization, in-state retention, private and therapeutic foster care programs and per diem rates;
and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2004, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegate Martin offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R 14 - "Requesting the West Virginia Division of Highways to name the new bridge
from Pomeroy, Ohio to Mason, West Virginia, the 'Sgt. Jimmy G. Stewart Bridge'."
Whereas, Jimmy G. Stewart was born on December 25, 1942, in West Columbia, Mason
County, West Virginia; and
Whereas, Jimmy G. Stewart was killed May 8, 1966, in action in Vietnam after holding his
position for four hours against three North Vietnamese assaults. A surprise early morning attack
wounded five members of a six-man squad in Company B of the 2/12 Cavalry Regiment left Staff
Sergeant Jimmy G. Stewart virtually alone and one man against the Vietnamese platoon. He
emptied magazine after magazine of ammunition at the enemy force and when they threw grenades
at the Company B position, he retrieved the grenades and threw them back at the attacking enemy.
Staff Sergeant Jimmy G. Stewart held his position for four hours and through three assaults until
reinforcements arrived. They found the body of Staff Sergeant Jimmy G. Stewart in an enemy
foxhole where he had advanced to add his fire to the reinforcements and eight enemy dead near his
immediate position and evidence that fifteen others had been dragged away. The wounded members
of his squad were recovered and evacuated; and
Whereas, Jimmy G. Stewart with conspicuous gallantry and bravery unselfishly gave his
life to protect and save his wounded squad members and comrades in arms; and
Whereas, Jimmy G. Stewart received posthumously this nation's highest military award,
the Congressional Medal of Honor "For Conspicuous Gallantry and Intrepidity in Action at the Risk
of His Life Above and Beyond the Call of Duty"; and
Whereas, The life of Jimmy G. Stewart 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 new bridge from Pomeroy, Ohio to Mason, West Virginia "Sgt. Jimmy G. Stewart 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 Jimmy G. Stewart.
Delegates Staton and Browning offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 15 - "Requesting the West Virginia Division of Highways to name the bridge
located between Lillyhaven and Lillydale on State Route 971, Wyoming County, West Virginia, the
'Roger Gene Craig Bridge'."
Whereas, Roger Gene Craig was born on May 2,1948,at Indian Mills in Summers County,
West Virginia, to Thelma Martin Craig and Oliver Craig; and
Whereas, Roger Gene Craig attended Berlin McKinney School, Oceana Middle School and
Oceana High School; and
Whereas, Roger Gene Craig, unmarried, entered the United States Army in March, 1969
in Fort Jackson, South Carolina. He completed his training at Fort Gordon, Georgia, then went to
Fort Hood, Texas and departed on November 5, 1969 for a tour of duty in the Republic of Vietnam
serving as a Specialist 4 in the 1st Field Force in the Republic of Vietnam where he started his tour
of duty on November 9, 1969, until he was killed in action on May 3, 1970,in Binh Thuan Province
of South Vietnam; and
Whereas, Roger Gene Craig was awarded the following medals posthumously for actions
and conduct for participating in ground combat operations in Vietnam at Landing Zone Betty: From
April 13, 1970 to April 26, 1970, the Bronze Star Medal with "V": Device, the Purple Heart, the
National Defense Medal, the Vietnam Campaign Medal and the Vietnam Service Medal; and
Whereas, Roger Gene Craig was 22 years old when he died in the service of his country,
a world away from his native State of West Virginia and his family and friends; prior to his death,
he had volunteered to join a reaction force to combat enemy troops who were advancing on the area
firing rockets, automatic weapons and small arms at the out manned defenders. The truck in which
Specialist 4 Craig was riding was struck by an enemy rocket and with complete disregard for his own
safety, he dismounted the damaged truck and began delivering withering suppressive fire on the
enemy until he was mortally wounded by an enemy thrown grenade. His heroism and conduct was
in keeping with the highest traditions of military discipline, bravery and devotion to his military
service, his fellow servicemen and his country; and
Whereas, Roger Gene Craig unselfishly made the supreme sacrifice for his country, State,
family and friends and in so doing, joined the legions of young American men and women who have
given their lives in past decades so that other people might have a chance to know the meaning of
freedom which is so dear to Americans and West Virginians, who have died and will continue to die
to defend it; and
Whereas, The life and sacrifice of Roger Gene Craig 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 between Lillyhaven and Lillydale on State Route 971, Wyoming County, West Virginia,
the "Roger Gene Craig 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 relatives of Roger Gene Craig.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Manuel, Doyle, Tabb and Trump:
H. J. R. 10 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section seven, article ten thereof, relating to eliminating the requirement for a three-fifths
majority vote in order for a local levying body to impose an excess levy; numbering and designating
such proposed amendment; and providing a summarized statement of the purpose of such proposed
amendment"; to the Committee on Constitutional Revision then the Judiciary.
Mr. Speaker, Mr. Kiss, and Delegates Poling, Boggs, Browning, Butcher, Campbell, Craig,
Ferrell, Hrutkay, Leach, Louisos, Mahan, Morgan, Pino, Shelton, Staton, Stemple, Sumner, Susman,
Talbott, R. M. Thompson, H. White, Wright, Canterbury and Sobonya offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. R. 10 - "Recognizing, commending and urging the support of the work, contributions and
opportunities that West Virginia Rural Champion Communities can provide this state."
Whereas, The Alliance of West Virginia Champion Communities has been meeting for over
a year and in the last few months has made a commitment to form a state-wide collaborative. By
working together the group feels they can be more effective than working separately. Within the
group, there is considerable organizational capacity as each entity has gone through a lengthy
strategic planning process to produce a document to submit to the federal government. All have
been operating as champions for up to seven years, since the program was introduced in 1995.
While the alliance itself is new, the capacity within it is impressive; and
Whereas, The mission statement of the alliance states the following:
"The Alliance of West Virginia Champion Communities is a collaboration of citizen-led
community-based partnerships that are implementing a strategic vision for change, leading to an
empowered and locally-motivated people organized for mutual benefit and able to share knowledge,
strategies and activities for community improvement."; and
Whereas, The Alliance of West Virginia Champion Communities is an informal network
of seven federally designated Champion Communities in West Virginia. These seven Champion Communities represent portions or all of the following twelve counties: Tricounty (Summers
County, Greenbrier County and Fayette County), Mountain Champion (Webster County and a
portion of Nicholas County), CAEZ (Clay County, Braxton County, Nicholas County, Fayette
County, and Roane County), and Lincoln County, McDowell County, Barbour County and
Wyoming County; and
Whereas, Each Champion Community is established to improve the economic and
community development of rural regions and to mitigate the negative effects of a lack of
employment opportunities, job losses, lack of affordable housing, reduced educational resources and
inadequate social services on rural communities. Each Champion Community will also create an
environment for communities to find strategies to solve their own problems and gain sustainable
development; and
Whereas, The Champion Community program is designed to afford communities real
opportunities for growth and revitalization. The framework of the program is embodied in four key
principles:
(a) Economic opportunity. -- The first priority in revitalizing distressed communities is to
create economic opportunities - jobs and work - for all residents. The creation of jobs, both within
the community and throughout the region provides the foundation on which residents will become
economically self-sufficient and communities can revitalize themselves. Opportunities for
entrepreneurial initiatives, small business expansion, and training for jobs that offer upward mobility
are other key elements for providing economic opportunity and direction;
(b) Sustainable community development. -- The creation of jobs is the first critical step
toward the creation of a livable and vibrant community where human initiative, work and stable
families can flourish. However, economic development can only be successful when part of a
coordinated and comprehensive strategy that includes physical development as well a human
development. A community where streets are safe to walk, the air and water are clean, housing is
secure, and human services are accessible, and where a vital civic spirit is nurtured by innovation design, is a community that can be a source of strength and hope to its residents. A community
where learning is a commitment for life can foster the skills, habits of mind and attitudes that will
make work reward and families nurturing. The Champion Community program seeks to empower
communities by supporting local plans that coordinate economic, physical, environmental,
community and human development.
(c) Community-based partnerships. - The road to economic opportunity and community
development starts with broad participation by all segments of the community. The residents
themselves are the most important element of revitalization. Others are the political and
governmental leadership, community groups, health and social service groups, environmental
groups, religious organizations, the private and nonprofit sectors, centers of learning and other
community institutions.
Communities cannot succeed with public resources alone. Private and nonprofit support and
involvements are critical to the success of a community seeking revitalization. Partners also must
be created within and among the levels of government. Government departments and agencies on
all levels must work together to ensure that relevant programs and resources can be used in a
coordinated, flexible and timely fashion to help implement the community's strategic plan and that
regulatory and other barriers to sustainable growth are removed.
(d) Strategic vision for change. - The strategic vision for change is a comprehensive strategic
map for revitalization. It is a means to analyze the full local context and the linkages to the larger
region. It builds on the community's assets and coordinates its response to its needs including public
safety, human and social services and environmental protection. It integrates economic, physical,
environmental, community and human development in a comprehensive and coordinated fashion so
that families and communities can work together and thrive. A strategic plan also sets real goals and
performance benchmarks for measuring progress and establishes a framework for assessing how new
experience and knowledge can be incorporated on an ongoing basis into a successful plan for
revitalization; and
Whereas, Rural Champion Communities are established in USDA regulations at 7 CAR 25
and are designed by USDA from among the pools of applicants seeking empowerment zone or
enterprise community status. The number of Champion Communities is limited to the number of
applicants that did not receive either an empowerment zone or an enterprise community designation;
therefore, be it
Resolved by the House of Delegates of West Virginia:
That the members hereby acknowledge the opportunities that Champion Communities bring
to their counties, recognize and commend them as citizen-led, community-based initiatives that are
affording distressed communities real opportunities for growth and revitalization and urge the
support of their mission and, be it
Further Resolved, That the members by adopting this resolution encourage the agencies of
state government and elected officials at all levels to seek opportunities to partner with these
Champion Communities to ensure that related programs and resources can be used in a coordinated,
flexible and timely fashion to help implement the community's strategic plan and that regulatory and
other barriers to sustainable growth within their scope of responsibility are either altered or removed.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Beane and Kuhn:
H. B. 2706 - "A Bill to amend and reenact section five, article twenty-nine, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
compensation paid to members of the education and state employee grievance board"; to the
Committee on Government Organization then Finance.
By Delegates Beane, Kuhn, Ennis, Martin and Walters:
H. B. 2707 - "A Bill to amend and reenact section three-v, article one, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to county commission authority to restrict building in designated flood-plain or mudslide areas"; to the
Committee on Government Organization.
By Delegate Browning:
H. B. 2708 - "A Bill to amend article two, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated
sections five-f and forty-six-n, all relating to permitting persons with certain physical disabilities to
use a crossbow during archery season or other seasons designated by the director of natural
resources"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Faircloth:
H. B. 2709 - "A Bill to amend and reenact section five, article three, chapter eighteen-b of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting
certain post-secondary religious institutions from obtaining a certificate of approval to operate"; to
the Committee on Education then Finance.
By Delegates Overington, Schadler, Calvert, Webb, Faircloth, Wakim and Blair:
H. B. 2710 - "A Bill to repeal section two, article eleven, chapter sixty-one, and section
fifteen, article three, chapter sixty-two of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact section two, article two, chapter sixty-one of said code;
to further amend said article by adding thereto seven new sections, designated sections two-a, two-b,
two-c, two-d, two-e, two-f and two-g; and to amend article seven, chapter sixty-two of said code by
adding thereto four new sections, designated sections four, five, six and six-a, all relating to death
penalty for first degree murder; procedures, standards and findings applicable to imposition thereof
in certain instances including aggravating and mitigating circumstances; sentencing; providing for
automatic review of the death penalty by the supreme court of appeals; providing for forensic
deoxyribonucleic acid ('DNA') testing of biological material in death penalty cases; providing for
execution of the death sentence by lethal injection; providing for delivery of sentence of death to
officer retaining custody of person so sentenced; providing for transmission of indictment, order of conviction, sentence and judgment entered thereon to the warden of the state correctional facility;
transfer of person sentenced to death to the state correctional facility; execution; providing presence
of certain persons be requested for the execution; providing for certification that sentence of death
has been executed; and providing for disposition of the body"; to the Committee on the Judiciary
then Finance.
By Delegates Perry, Shaver, Beach, Morgan, Howard and Sobonya:
H. B. 2711 - "A Bill to amend and reenact section thirteen-a, article seven-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to employment of members of the teachers defined benefit retirement system by institutions of
higher education following the retirement of the member"; to the Committee on Pensions and
Retirement then Finance.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2712 - "A Bill to repeal section three-c, article sixteen, chapter thirty-three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section
three-a of said article; and to amend and reenact section twenty-four, article twenty-five-a of said
chapter, all relating to the inclusion of mental health parity applicability to non-employer groups;
and to the applicability of mental health parity to health maintenance organizations"; to the
Committee on Banking and Insurance then Finance.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2713 - "A Bill to amend and reenact sections three-a and twenty-four, article twenty-
five-a, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to conditions precedent to issuance or maintenance of a certificate of authority
by a health maintenance organization; and designating the secretary of state as attorney-in-fact for
service of all legal process upon a non-domestic health maintenance organization"; to the Committee
on Banking and Insurance then Government Organization.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2714 - "A Bill to amend and reenact section eight-c, article fifteen, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
donation of fire fighting and fire rescue equipment and insurance policies dealing with immunity
coverage provisions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates H. White, Hrutkay and R. M. Thompson:
H. B. 2715 - "A Bill to amend and reenact article twelve-c, chapter thirty-three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to non-admitted
insurers and the regulation of surplus lines insurance; defining terms for implementation of the
NAIC non-admitted insurers model act; establishing consistency among states; providing specific
provisions from the model; liberalizing reciprocity for licensing nonresident surplus lines licensees;
providing grounds upon which the commission may deny a non-admitted insurer access to the state;
providing for the regulation of surplus lines; enforcement; violations; penalties; service of process;
and eliminating certain conflicting excess line related provisions"; to the Committee on Banking and
Insurance then Finance.
By Delegates Williams, Shaver, Perry, Beach, Evans, Carmichael and Canterbury:
H. B. 2716 - "A Bill to amend article fifteen, chapter twenty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section five-a, relating to restricting sewage sludge from being disposed of or dumped
within 1000 feet of any occupied dwelling and requiring the director to modify any existing rules
applicable to this restriction"; to the Committee on the Judiciary.
By Delegates Williams, Stemple, Shaver, Michael, Mezzatesta, Cann and Anderson:
H. B. 2717 - "A Bill to repeal section four, article three, chapter twenty-two-b of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section
two of said article; and to amend chapter twenty-two-c of said code by adding thereto a new article,
designated article thirteen, all relating to the transfer of water quality standard rule-making authority
from the environmental quality board to the water quality board"; to the Committee on Government Organization then the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 2718 - "A Bill to amend and reenact section four, article two, chapter four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
section seven, article nine, chapter six of said code, all relating to requiring audits of state and local
governmental entities to identify property in flood hazard zones and to confirm sufficiency of flood
insurance to avoid reduction in disaster relief from federal agencies in the event of flood damage";
to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss:
H. B. 2719 - "A Bill to amend and reenact section twelve, article five, chapter seventeen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and
reenact sections three and four, article fifteen of said chapter, all relating to work which may be
performed by prisoners; and providing that prisoner labor may be used to maintain private and not-
for-profit cemeteries"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 2720 - "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, exempt from income taxation by virtue of Internal Revenue Code
501(c)(19), from the provisions of the consumer sales and service tax"; to the Committee on
Veterans Affairs and Homeland Security then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2721 - "A Bill to amend article five, chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section two-b, relating to serious traffic offenses; and providing an alternative to imprisonment for
persons convicted of driving under the influence"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2722 - "A Bill to amend article one, chapter thirty-six of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twenty-two, relating to estates and property; creation of estates; easements; providing that
where an easement has been created for ingress and egress and no metes or bounds are specified in
the creation of the easement, the easement shall be interpreted to be of sufficient magnitude so as
to permit the passage of emergency vehicles"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2723 - "A Bill to amend article seven-a, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twenty-six-t, relating to providing a supplement to certain disability annuitants receiving
retirement benefits under the teachers defined benefit retirement system"; to the Committee on
Pensions and Retirement then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2724 - "A Bill to amend and reenact section five, article fourteen, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting
propane gas used by any church, religious sect, society or denomination as consumption use from
the excise tax on gasoline or special fuel"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2725 - "A Bill to amend and reenact section twenty-five, article ten, chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public
employees retirement system; and preventing reduction of disability pensions at age sixty-five"; to
the Committee on Pensions and Retirement then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2726 - "A Bill to amend and reenact section one, article twenty-seven, chapter thirty
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
mandating the board of barbers and cosmetologists to establish a curriculum for a shampoo assistant"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2727 - "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
sales of propane gas to churches, religious sects, society's or denominations from the consumer sales
tax"; to the Committee on Finance.
By Delegates Beane and Azinger:
H. B. 2728 - "A Bill to amend and reenact section fourteen, article twelve, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
a person to erect, construct, repair or alter their residential property without a contractor's license
or having a contractor perform the work"; to the Committee on Political Subdivisions then the
Judiciary.
By Delegates Beane, Kuhn, Varner, Border and Leggett:
H. B. 2729 - "A Bill to amend and reenact section eleven, article one, chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to compensation
paid to members of professional licensing boards; and clarifying that members may be compensated
only for days on which they attend official meetings and not for travel days"; to the Committee on
Government Organization.
By Delegates Brown, Hrutkay, Poling, Martin, Yeager, Foster and Staton:
H. B. 2730 - "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
sixteen-e, all relating to requiring health insurance plans to cover the cost of contraceptives for its
covered people"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Caputo, Coleman, Mahan, Manuel, Webster, Faircloth and Schadler:
H. B. 2731 - "A Bill to amend and reenact section nine, article twenty-three, chapter nineteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing dedication of a portion of pari-mutuel proceeds be utilized to fund employee retirement
plans at certain racing facilities"; to the Committee on Pensions and Retirement then the Judiciary.
By Delegate Carmichael:
H. B. 2732 - "A Bill to amend article two, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
sixty-four, relating to providing a single resident license for all hunting, fishing and trapping; and
providing that one percent of the general revenue fund each fiscal year is dedicated for use by the
division of natural resources"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Craig, Morgan, Campbell, Amores and Stalnaker:
H. B. 2733 - "A Bill to amend and reenact section two-a, article nine, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal
investigation and special audits divisions of state tax division; and increasing amount of
unencumbered funds in special revenue account for those divisions that is not transferred to general
fund at end of fiscal year"; to the Committee on Finance.
By Delegates Doyle, Manuel and Tabb:
H. B. 2734 - "A Bill to amend article twenty-four, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section eighty-six, relating to authorizing certain municipalities to impose impact fees
upon the construction of new development projects to offset the cost of expanding or extending
certain public services within the municipalities"; to the Committee on Political Subdivisions then
the Judiciary.
By Delegates Doyle, Manuel, Tabb, Trump, Faircloth, Blair and Duke:
H. B. 2735 - "A Bill to amend article five, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding a new section thereto, designated section
six; and to amend article four, chapter eighteen-a by adding two new sections thereto, designated
sections five-e and eight-j, all relating to providing an augmentation to any salary increase for any public employee, teacher or school service personnel"; to the Committee on Pensions and Retirement
then Finance.
By Delegate Ennis:
H. B. 2736 - "A Bill to amend article four, chapter eighteen-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section ten-e, relating to school personnel; and authorizing unlimited transfer of accumulated sick
leave between certain spouses"; to the Committee on Education then Finance.
By Delegate Ennis (By Request):
H. B. 2737 - "A Bill to amend article seven-b, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section eleven-b, relating to allowing members that participate in the teachers' defined contribution
retirement system to borrow only against the total amount that the member has contributed into his
or her retirement account"; to the Committee on Pensions and Retirement then Finance.
By Delegate Evans:
H. B. 2738 - "A Bill to amend and reenact section twenty-two, article ten, chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to retirement
annuity of public employees and retirants; and increasing the multiplier for members with thirty or
more years of service who retire during the month of July, two thousand three"; to the Committee
on Pensions and Retirement then Finance.
By Delegates Evans and Canterbury:
H. B. 2739 - "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 five-a, relating to actions for injuries; and abridging the rights of some unlicensed motor
vehicle operators to recover for injuries and damages sustained in motor vehicle accidents"; to the
Committee on the Judiciary.
By Delegate Fleischauer:
H. B. 2740 - "A Bill to amend and reenact section thirteen, article twelve, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
municipalities to adopt building code ordinances which impose a higher standard than the state
building code"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Fleischauer, Amores, Armstead, Craig, Smirl, Spencer and R. Thompson:
H. B. 2741 - "A Bill to amend chapter forty-nine of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-f,
relating to the establishment of the citizen review panel to review the procedures of child protective
services; providing for the composition and duties of membership; providing for confidentiality
requirements; providing for expense reimbursement; providing for civil penalties; and providing for
immunity from liability"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Amores, Armstead, Craig, Smirl, Spencer and R. Thompson:
H. B. 2742 - "A Bill to amend and reenact sections one, three, four, five, six, seven, eight,
nine, eleven and thirteen, article eighteen, chapter thirty 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 four-a, seven-a and fourteen, all relating to the licensing of private
investigators and security guards, the registration of private investigative and security guard
employees, prohibited acts, penalties for late registration, and fees and charges for services of the
secretary of state."; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Beach, Morgan, Craig, Doyle, Houston and Manuel:
H. B. 2743 - "A Bill to amend and reenact section five, article nine, chapter eighteen-b of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to removing
the twenty-year service cap for state employees"; to the Committee on Education then Finance.
By Delegates Kuhn, Caputo, Long, Fragale, Stalnaker and R. Thompson:
H. B. 2744 - "A Bill to amend and reenact section three, article three-b, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to eliminating the exemption of government employees performing electrical work on governmental
property from the electrician's licensing provisions of the code"; to the Committee on Government
Organization.
By Delegates Manuel, Doyle, Tabb and Fragale:
H. B. 2745 - "A Bill to amend and reenact sections thirteen and thirteen-a, article five,
chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to ballot instructions for county board of education candidates"; to the Committee on the
Judiciary.
By Delegate Mezzatesta:
H. B. 2746 - "A Bill to amend and reenact section fourteen, article ten, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public
employees retirement system; allowing service credit for certain prior employment with an
emergency medical services funded by the department of health; providing that the employer shall
pay the employer's contribution and the employee shall pay his or her contribution; providing that
the employee shall pay interest; setting forth maximum amount of service credit which may be
obtained; and setting forth time limits"; to the Committee on Pensions and Retirement then Finance.
By Delegates Overington, Canterbury, Sobonya, Louisos, Fragale, Armstead and
Sumner:
H. B. 2747 - "A Bill to amend and reenact section nine, article two, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to required
courses of school instruction generally; requiring the accumulation of one and one-half years of
instruction in the study of the Declaration of Independence and other founding American historical
documents including the Bill of Rights before high school graduation; and requiring study of the
historical, political and social environments at the time these documents were generated; prohibiting
study of social problems, economics, foreign affairs, the United Nations, world government,
socialism or communism until basic courses in American state and local geography and history are completed"; to the Committee on Education then the Judiciary.
By Delegates Perdue and Hatfield:
H. B. 2748 - "A Bill to amend and re-enact article nine-a, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section ten,
relating to prohibiting the distribution or sale of tobacco products to persons under the age of
eighteen years through mail, telephone, facsimile transmission or the Internet; defining terms;
regulating the delivery of private purchase and delivery of tobacco products; establishing
requirements for verifying the age of tobacco product purchases; and providing for civil and criminal
penalties"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Staton and Amores:
H. B. 2749 - "A Bill to amend article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twenty-three, relating to amending the West Virginia Board of Physical Therapist rule
relating to English proficiency requirements for licensing individuals outside the United States";
to the Committee on the Judiciary.
On motions for leave, bills were introduced (Originating in the Committee on Government
Organization and reported by unanimous vote of the Committee, with the recommendation that they
each do pass), which were read by their title, as follows:
By Delegates Beane, Kuhn, Hatfield, Perdue, Spencer, Iaquinta and Leggett:
H. B. 2750 - "A Bill to amend and reenact 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 thirteen-a, relating to continuation of
the office of health facility licensure and
certification,"
By Delegates Beane, Kuhn, Butcher, Manuel, Leggett, Frich and Schoen:
H. B. 2751 - "A Bill to amend and reenact section one-a, article two, chapter nine of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the department of health and human resources,"
And,
By Delegates Beane, Kuhn, Ennis, Hatfield, Martin, Yeager and Leggett:
H. B. 2752 - "A Bill to amend and reenact section fifteen, article five-p, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
continuation of the bureau of senior services."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 2750, H. B. 2751 and H. B. 2752) will be
placed on the Consent Calendar.
Consent Calendar
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 2554, Continuing the marketing and development division of the department of
agriculture,
H. B. 2555, Continuing the West Virginia's membership in the southern regional education
compact,
And,
H. B. 2670, Continuing the office of judges until July 1, 2009.
House Calendar
Second Reading
Com. Sub. for H. B. 2203, Relating generally to the requirement of wearing seat belts in
automobiles; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B.
2203) was advanced to third reading and the ruling was suspended to permit amendment thereof on
third reading.
At 11:48 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Wednesday, January 29, 2003.