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Tuesday, February 4, 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, February 3, 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 applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for a presentation by the House.
Delegate Manchin asked and obtained unanimous consent that the remarks of Delegate
Carmichael regarding his father, former member Bill Carmichael, be printed in the Appendix to the
Journal.
Committee Reports
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. 2741, Establishing the citizen review panel to review the procedures of child protective services,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2741) was referred
to the Committee on Finance.
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. 2705, Relating to the supervision of adult offenders and authorizing a compact for the
supervision of adult offenders,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2705 - "A Bill to amend chapter twenty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article,
designated article seven, relating to the supervision of adult offenders; and authorizing and directing
the governor to execute a compact for the supervision of adult offenders,"
With the recommendation that the committee substitute do pass.
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. 2705) 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. 162 - "A Bill to amend and reenact section fourteen, article two,
chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, relating to motor vehicles; and expunging motor vehicle license information for nineteen-
year-olds when denials, suspensions or revocations of their licenses are due to school attendance";
which was referred to the Committee on Roads and Transportation 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. 181 - "A Bill to amend and reenact section one, article eight, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to compulsory school attendance; technical amendments; home school exemption; amending
requirements to qualify for home school exemption; amending assessment requirements of home
school exemption; and eliminating exemption relating to residence more than two miles from school
or school bus route"; which was referred to the Committee on Education.
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. 182 - "A Bill to amend and reenact section forty-six, article fifteen, chapter seventeen-
c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to child
passenger safety seats, booster seats and safety devices; requiring every driver transporting children
less than nine years of age in certain motor vehicles to maintain and secure the child in a child
passenger safety seat or booster seat or other safety device meeting federal motor vehicle safety standards; and providing that a seat belt meets this requirement for children at least four years of age
or over forty pounds in weight"; which was referred to the Committee on Roads and Transportation
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. 210 - "A Bill to amend and reenact section twenty-five, article two,
chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to permitting a retired member of the state police to carry a concealed weapon for the life
of the member"; 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. 337 - "A Bill to amend article twenty-two, chapter forty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto three new sections,
designated sections nine hundred one, nine hundred two and nine hundred three, all relating to
recognizing the adoption of a child from a foreign country; requirements for filing a petition for
recognition of foreign adoption decree in circuit court; and setting forth the procedures taken by the
court in recognizing the adoption"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by the Clerk as follows:
S. C. R. 22 - "Memorializing the lives of seven heroes who perished in the loss of the space
shuttle Columbia."
Whereas, On January 16, 2003, the space shuttle Columbia lifted off from Kennedy Space
Center in Florida to embark on a 16-day mission dedicated to research of physical, life and space
sciences; and
Whereas, The crew of space shuttle Columbia was comprised of six American astronauts
and one Israeli astronaut who was the first ever from his country to fly in space. The crew members
were: Colonel Rick D. Husband, Commander, U. S. Air Force; Commander William C. McCool,
Pilot, U. S. Navy; Lieutenant Colonel Michael P. Anderson, Payload Commander, U. S. Air Force;
Captain David M. Brown, M. D., Mission Specialist 1, U. S. Navy; Kalpana Chawla, Ph. D.,
Mission Specialist 2; Commander Laurel Blair Salton Clark, M. D., Mission Specialist 4, U. S.
Navy; and Colonel Ilan Ramon, Payload Specialist 1, Israel Air Force; and
Whereas, The crew of space shuttle Columbia worked around the clock in two alternating
shifts and conducted approximately 80 separate experiments which consisted of hundreds of samples
and test points. It was considered by NASA to have been a successful mission; and
Whereas, On Saturday, February 1, 2003, space shuttle Columbia was lost during its reentry
into the Earth's atmosphere; and
Whereas, As we mourn the loss of these seven brave astronauts, we extend our sincere
sympathy to the families of those lost whose lives have forever changed as a result of this tragedy;
therefore, be it
Resolved be the Legislature of West Virginia:
That the Legislature hereby memorializes the lives of seven heroes who perished in the loss
of the space shuttle Columbia; and, be it
Further Resolved, That the Legislature extends its sincere sympathy to the families of
Commander Rick D. Husband, Pilot William C. McCool, Payload Commander Michael P.
Anderson, Mission Specialist Kalpana Chawla, Mission Specialist David M. Brown, Mission
Specialist Laurel B. Clark and Payload Specialist Ilan Ramon; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the families of the seven astronauts who perished onboard space shuttle Columbia.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (S. C. R. 22) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Perdue, Staton, Kominar, Boggs, R. Thompson,
Campbell, Howard and Carmichael offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 25 - "Designating November as 'Alzheimer's Awareness Month'."
Whereas, Approximately 41,000 West Virginians have Alzheimer's disease; and
Whereas, West Virginia has the highest average age and highest percentage of Medicare
recipients in the nation; and
Whereas, While the state's total population is expected to remain constant indefinitely, its
elderly population is projected to grow by sixty percent during the next twenty-five years due to low
in-migration and the tendency for older residents to remain in the state; and
Whereas, The number one risk factor for Alzheimer's disease is age. One in ten persons over age sixty-five and nearly half of those over eighty-five have Alzheimer's, and, increasingly,
it is found in people in their forties and fifties; and
Whereas, Alzheimer's disease is the third most expensive disease in the United States, after
heart disease and cancer. The average lifetime cost per patient is close to $200,000; and
Whereas, More than seven out of ten people with Alzheimer's disease live at home.
Almost seventy-five percent of the home care is provided by family and friends. The remainder is
paid care, costing an average of $12,500 per year, of which families pay almost all out-of-pocket;
and
Whereas, Half of all nursing home residents suffer from Alzheimer's disease or a related
disorder. The average cost for a resident's care in a nursing home is $42,000 per year; and
Whereas, The percentage of total Medicaid expenditures going to long-term care in West
Virginia is a very low 23.1%, and the state is considered to be below average in nursing home
expenditures; and
Whereas, Neither Medicare nor private health insurance covers the long-term type of care
most people with Alzheimer's disease need; and
Whereas, Lack of specialized services for Alzheimer's patients in West Virginia is a
problem. Where Alzheimer specific services are available, they are often offered in private-pay
settings, which many families cannot afford; and
Whereas, The West Virginia Chapter of the Alzheimer's Association serves all fifty-five
counties in West Virginia and six counties in eastern Ohio. It is committed to standing by those who
have Alzheimer's disease and their families through support services, caregiver education, training
for health care professionals, advocacy on issues that impact Alzheimer families, a caregiver
assistance fund, and support for research; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia hereby designates November as "Alzheimer's
Awareness Month"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the appropriate representatives of the West Virginia chapter of the
Alzheimer's Association.
Mr. Speaker, Mr. Kiss, offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 26 - "Expressing the ideal that a woman should be added to the West Virginia State
seal in recognition of the achievements of West Virginia's women."
Whereas, This State has become great largely because of the hard work and sacrifice of the
women of West Virginia;
Whereas, The many achievements of West Virginia women should be honored and
remembered;
Whereas, Whether she be a doctor, lawyer, educator, judge or mother, a woman is always
on the job, and her work is never done; and
Whereas, There is no better way to honor and remember the hard work, accomplishments
and sacrifices of West Virginia women than by revising the State seal to include a woman; therefore
be it
Resolved by the Legislature of West Virginia:
That the seal of the great State of West Virginia be revised to add a woman to honor the
achievements of West Virginia women; and, be it
Further Resolved, That the House of Delegates hereby recognizes that women shall be honored for their contributions to the State of West Virginia.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Mr. Speaker, Mr. Kiss:
H. J. R. 13 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section ten, article eight thereof, relating to increasing the term of office of magistrates
from four to six years; 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.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss, and Delegates Hatfield, Perdue, R. Thompson, Brown,
Foster and Fleischauer:
H. B. 2851 - "A Bill to amend chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article forty-two,
relating to creating a genetic information privacy act; establishing legislative findings regarding
genetic privacy; defining terms; providing for the confidentiality of genetic information; prohibiting
the use of genetic test information for certain insurance purposes; authorizing the insurance
commissioner to promulgate rules consistent with federal guidelines regarding disclosures of
information; allowing the use of genetic test information in paternity proceedings; allowing use of
genetic DNA typing information by law-enforcement officers in certain circumstances; establishing
certain limitations on the use of genetic test information by employers; specifying procedures for disclosure of genetic test information; providing for an exception to this article for those
participating in research settings governed by the federal policy for the protection of human research
subjects; and providing for a right of action and damages for violations"; to the Committee on
Health and Human Resources then the Judiciary.
By Delegates Caputo, Perdue, Martin, Fleischauer, Hatfield, Kuhn and Manchin:
H. B. 2852 - "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"; to the Committee on Industry and Labor,
Economic Development and Small Business then Government Organization.
By Delegates Doyle, Tabb, Manuel, Faircloth and Blair:
H. B. 2853 - "A Bill to amend and reenact section ten, article twenty-three, chapter nineteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to taxation
of horse and dog racing generally and increasing from ten to eleven 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 this section"; to the Committee on the Judiciary
then Finance.
By Delegates Faircloth, Blair and Trump:
H. B. 2854 - "A Bill to amend and reenact section twelve, article fourteen, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing
the age of eligibility for police officers' civil service appointment to employment to forty-five
years"; to the Committee on Political Subdivisions then Government Organization.
By Delegates Poling, Boggs, Perry, Romine, Shaver, Yeager and Paxton:
H. B. 2855 - "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 increasing supplemental benefits to certain teacher retirement
annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegate Spencer:
H. B. 2856 - "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 allowing
counties adopting a flood-plain ordinance to designate a flood-plain enforcement agency"; to the
Committee on Political Subdivisions then Government Organization.
By Delegates Spencer, Pino, Amores, Webb, Yeager and Palumbo:
H. B. 2857 - "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
commissions making flood insurance available to property owners"; to the Committee on Political
Subdivisions then Government Organization.
By Delegates Susman, Hrutkay, Yeager, Spencer, Webster, Fleischauer and Houston:
H. B. 2858 - "A Bill to amend and reenact section two, article one-c, chapter three 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, six and seven, all relating to
securing the right of blind and visually impaired people to vote under the same conditions of privacy
and independence as sighted people through the procurement of electronic voting technology and
systems in accordance with certification criteria for equivalent access by visual and nonvisual
means; requiring the secretary of state to ensure compliance with this voting procedure; and
providing for injunctive relief for violations"; to the Committee on the Judiciary.
By Delegates Trump, Duke, Blair, Overington, Faircloth, Manuel and Tabb:
H. B. 2859 - "A Bill expiring funds to the unappropriated surplus balance in the state fund,
general revenue, for the fiscal year ending the thirtieth day of June, two thousand three, in the
amount of one hundred twenty-four thousand dollars from the joint expenses, fund 0175, fiscal year
1995, organization 2300, activity 104; in the amount of seven hundred thirty-one thousand dollars
from the joint expenses, fund 0175, fiscal year 1996, organization 2300, activity 104; in the amount
of four hundred eighty-one thousand dollars from the joint expenses, fund 0175, fiscal year 1997,
organization 2300, activity 104; in the amount of three hundred eleven thousand dollars from the
joint expenses, fund 0175, fiscal year 1998, organization 2300, activity 104; in the amount of two
hundred forty-four thousand dollars from the joint expenses, fund 0175, fiscal year 1999,
organization 2300, activity 104; in the amount of five hundred six thousand dollars from the joint
expenses, fund 0175, fiscal year 2000, organization 2300, activity 104; in the amount of forty-three
thousand dollars from the joint expenses, fund 0175, fiscal year 1992, organization 2300, activity
106; in the amount of seventy-seven thousand dollars from the joint expenses, fund 0175, fiscal year
1993, organization 2300, activity 106; in the amount of one hundred nine thousand dollars from the
joint expenses, fund 0175, fiscal year 1994, organization 2300, activity 106; in the amount of one
hundred twenty-six thousand dollars from the joint expenses, fund 0175, fiscal year 1995,
organization 2300, activity 106; in the amount of one hundred thirty-one thousand dollars from the
joint expenses, fund 0175, fiscal year 1996, organization 2300, activity 106; in the amount of one
hundred twenty-seven thousand dollars from the joint expenses, fund 0175, fiscal year 1997,
organization 2300, activity 106; in the amount of one hundred thirty thousand dollars from the joint
expenses, fund 0175, fiscal year 1998, organization 2300, activity 106; in the amount of eighty-
seven thousand dollars from the joint expenses, fund 0175, fiscal year 1999, organization 2300,
activity 106; and in the amount of eighty-six thousand dollars from the joint expenses, fund 0175, fiscal year 2000, organization 2300, activity 106; and making a supplementary appropriation of
public moneys out of the treasury from the unappropriated surplus balance for the fiscal year ending
the thirtieth day of June, two thousand three, to the department of education, fund 0313, fiscal year
2003, organization 0402, supplementing and amending the appropriation for the fiscal year ending
the thirtieth day of June, two thousand three"; to the Committee on Education then Finance.
By Delegate Wakim:
H. B. 2860 - "A Bill to amend chapter four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen, relating
to the creation of a joint legislative committee on technology and security"; to the Committee on
Government Organization then Finance.
By Delegates Walters, Trump, Kominar, Beach and Frich:
H. B. 2861 - "A Bill to amend article fifteen, chapter sixteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twenty-six, relating to authorizing local housing authorities to authorize low-income housing
residents to purchase dwelling units within the housing project"; to the Committee on Government
Organization then the Judiciary.
By Delegate Warner:
H. B. 2862 - "A Bill to amend and reenact section four, article twenty-two, chapter
seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to providing certain restrictions on outdoor advertising in addition to existing restrictions"; to the
Committee on the Judiciary.
By Delegates Trump, Faircloth, Manuel, Overington, Blair, Duke and Tabb:
H. B. 2863 - "A Bill to amend and reenact section twelve, article nine-a, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend
article nine-a of said chapter, by adding thereto a new section, designated section twelve-a, all
relating to projecting enrollment in growth counties"; to the Committee on Education.
By Mr. Speaker, Mr. Kiss, and Delegates Browning, Staton, Beane, H. White, Stalnaker
and G. White:
H. B. 2865 - "A Bill to amend and reenact section twenty-nine, article three, chapter sixty-
one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
criminal offense of damaging or destroying real or personal property owned by a railroad company
or public utility, or real or personal property used for producing, generating, transmitting,
distributing, treating or collecting electricity, natural gas, water, wastewater, storm-water,
telecommunications or cable television; penalties; restitution"; to the Committee on Veterans Affairs
and Homeland Security then the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Government
Organization 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 Beane, Kuhn, Butcher, Manchin, Tucker, Wright and Leggett:
H. B. 2864 - "A Bill to amend and reenact section eleven, article three-a, chapter twenty-two
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
continuation of the office of explosives and blasting."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2864) will be placed on the Consent
Calendar.
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. 2694, Protecting the beekeeping industry,
And,
H. B. 2803, Continuing the board of barbers and cosmetologists.
On the passage of the bills, the yeas and nays were taken (Roll No. 31), 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: Faircloth and Webb.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bills (Com. Sub. for H. B. 2694 and H. B. 2803) passed.
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.
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:
Com. Sub. for H. B. 2704, Relating to the supervision and return of juvenile offenders,
runaways and other juveniles,
Com. Sub. for H. B. 2781, Relating to the transfer, retirement or disposal of state police
canines,
H. B. 2829, Continuing the division of culture and history,
And,
H. B. 2830, Continuing the division of natural resources.
House Calendar
Second Reading
H. B. 2831, Continuing the records management and preservation board; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Faircloth and Webb.
Delegate Staton announced that he was absent on Friday, January 31, and Monday, February
3, 2003, when the votes were taken on Roll Nos. 28, 29 and 30, and that had he been present, he
would have voted "Yea" thereon.
At 11:59 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Wednesday, February 5, 2003.