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Monday, March 3, 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 Friday, February 28, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Spencer, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 28'th
day of February, 2003, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 2763), Allowing original equipment mounted auxiliary lighting devices for use only
when the vehicle is used off road,
(S.B. 163), Continuing driver's licensing advisory board,
And,
(S.B. 282), Continuing division of motor vehicle.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a communication form His Excellency, the Governor,
advising that on February 25, 2003, he approved S. B. 215 and S. B. 281; and on February 27, 2003,
he approved H. B. 2077, H. B. 2803 and H. B. 2778.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had rejected the report of the Committee
of Conference as to
Com. Sub. for S. B. 2121, Establishing the "All-Terrain Vehicle Safety Act" and the reasons
therefor.
Which message was received.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect July 1, 2003, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2359, Allowing the state fire marshal to retain all of the special revenue
fees collected by his office.
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. 75, 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. 7 - "A Bill to amend article two, 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 fourteen, relating to the term of contract for a person hired as a coach in the
county school system"; which was referred to the Committee on Education and then 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
S. B. 105 - "A Bill to amend and reenact sections three and four, article seventeen, chapter
eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating
to the tax on tobacco products; and increasing the rate of the tax on cigarettes from seventeen cents
to fifty-five cents."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 105) 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, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 153 - "A Bill to amend chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article,
designated article twenty-nine, relating to legal gaming; creating a division of gaming; transferring all legal gaming activities, powers, funds and functions to the division; definitions; transferring the
racing commission and the lottery commission to the division; renaming the lottery commission the
gaming commission; adding the regulation of all legal gaming activities, except racing activities, to
the duties of the gaming commission; division's powers and duties; transition provisions; gaming
director; director's powers and duties; and continuing the division"; which was referred to the
Committee on Government Organization 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. 198 - "A Bill to amend and reenact section twenty-four, article three,
chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to assessments; review and equalization by county commissions; and creating a rebuttable
presumption that the assessed value of a property as determined by the assessor is correct"; 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. 217 - "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 twenty-three, relating to the beneficial use of water treatment plant
sludge; and requiring promulgation of emergency and legislative rules"; 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. 254 - "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 four, relating to authorizing the board of dental examiners to promulgate a
legislative rule relating to the board"; 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. 329 - "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 commissioner of agriculture to promulgate legislative rule relating to inspection of meat and poultry; authorizing contractor
licensing board to promulgate legislative rule relating to contractor licensing act; authorizing
courthouse facilities improvement authority to promulgate legislative rule relating to authority;
authorizing board of dental examiners to promulgate legislative rule relating to board; authorizing
board of dental examiners to promulgate legislative rule relating to formation and approval of dental
corporations; authorizing family protection services board to promulgate legislative rule relating to
operation of board; authorizing family protection services board to promulgate legislative rule
relating to licensure of domestic violence and perpetrator intervention programs; authorizing family
protection services board to promulgate legislative rule relating to perpetrator intervention program
licensure; authorizing family protection services board to promulgate legislative rule relating to
monitored visitation and exchange program certification; authorizing board of funeral service
examiners to promulgate legislative rule relating to board; authorizing board of funeral service
examiners to promulgate legislative rule relating to crematory requirements; authorizing governor's
committee on crime, delinquency and correction to promulgate legislative rule relating to law-
enforcement training standards; authorizing governor's committee on crime, delinquency and
correction to promulgate legislative rule relating to community corrections standards; authorizing
massage therapy licensure board to promulgate legislative rule relating to board; authorizing board
of medicine to promulgate legislative rule relating to licensure, disciplinary and complaint
procedures, continuing education and physician assistants; authorizing nursing home administrators
licensing board to promulgate legislative rule relating to nursing home administrators; authorizing
board of optometry to promulgate legislative rule relating to licensure by endorsement; authorizing
board of pharmacy to promulgate legislative rule relating to pharmacist recovery networks; authorizing board of pharmacy to promulgate legislative rule relating to controlled substances
monitoring; authorizing radiologic technology board of examiners to promulgate legislative rule
relating to board; authorizing real estate appraiser licensing and certification board to promulgate
legislative rule relating to requirements for licensure and certification; authorizing real estate
appraiser licensing and certification board to promulgate legislative rule relating to renewal of
licensure and certification; authorizing real estate commission to promulgate legislative rule relating
to requirements in licensing real estate brokers, associate brokers and salespersons and conduct of
brokerage businesses; authorizing real estate commission to promulgate legislative rule relating to
schedule of fees; authorizing real estate commission to promulgate legislative rule relating to
requirements in approval and registration of real estate courses, course providers and instructors;
authorizing secretary of state to promulgate legislative rule relating to registry for notification of state
of emergency; authorizing board of veterinary medicine to promulgate legislative rule relating to
standards of practice; and, authorizing board of veterinary medicine to promulgate legislative rule
relating to schedule of 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. 362 -"A Bill to amend chapter seventeen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
two-d; and to amend and reenact sections one and two, article seventeen-a of said chapter, all relating
to establishment of the public-private transportation act of two thousand three; setting forth
legislative findings and purposes; defining terms; providing prerequisites for development of a transportation facility; providing for the creation of a public-private transportation oversight
committee and its membership; setting forth the powers and duties of the committee; providing for
the submission of proposals and approval by the committee; providing for service contracts;
providing for the dedication of public property; setting forth the powers and duties of a developer;
requiring a comprehensive agreement; providing for federal, state and local assistance; addressing
material default and remedies; prohibiting governmental entities from pledging full faith and credit;
providing for the exercise of condemnation; addressing utility crossings; addressing dedication of
assets; providing for an exemption from purchasing rules; qualifying transportation facilities as
public improvements; setting forth a termination date; addressing construction; construction
financing for surface transportation improvements through federal grant anticipation notes; and
providing that the provisions and funding pursuant to article two-d, chapter seventeen shall not apply
to or be available for roads in the Appalachian highway development system as designated by the
Appalachian regional commission"; 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. 372 - "A Bill to amend and reenact section thirteen, article two, chapter
fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
allowing members of the state police to engage in certain political activities while out of uniform and
off duty"; 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. 412 - "A Bill to amend and reenact section nine, article thirteen-a,
chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to public service districts; public utility services; providing that unpaid charges for services
do not become a lien against the owner of real property nor is the owner liable for the charges unless
the owner contracted directly with the provider for the services; modifying deposit; and providing
refund of deposit with interest"; which was referred to the Committee on Political Subdivisions 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. 433 - "A Bill to amend and reenact sections two, five and twenty-five,
article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to providing coverage to certain employees who work full time whether
regularly employed or not; excluding costs projected to be paid for retired employees from the
calculation for premium cost sharing; and limiting funds transferred annually to the reserve fund to
eight percent of the projected total plan costs for each fiscal year"; which was referred to the
Committee on Government Organization 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. 440 - "A Bill to amend chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article,
designated article eleven-a, relating to establishing the contractors notice and opportunity to cure
act"; 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. 475 - "A Bill to repeal section twenty-seven, article ten, chapter thirty-
three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal
sections fifteen through forty-two, inclusive, article twenty-four of said chapter; to amended and
reenact sections one, two, three, four, ten, eleven, thirteen, fourteen, eighteen, nineteen-a, twenty-six,
twenty-eight, twenty-nine, thirty, thirty-six, thirty-eight and thirty-nine, article ten of said chapter;
to further amend said article by adding thereto ten new sections, designated sections four-a, four-b,
four-c, four-d, four-e, twenty-six-a, twenty-six-b, twenty-six-c, twenty-six-d and forty; and to amend
and reenact section fourteen, article twenty-four of said chapter, all relating to the rehabilitation and
liquidation of insurers subject to the regulatory authority of the West Virginia insurance
commissioner; revising delinquency proceedings; clarifying what parties will be affected upon the
effective date of the revisions; expanding the liquidators' powers; expediting appeals; modifying
current state law relative to liquidation proceedings so as to create conformity with recent federal
case law; and making numerous technical changes"; 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. 482 - "A Bill to amend and reenact section three-jj, article one, chapter
seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
defining 'adult-oriented establishment' relative to counties' authority to enact ordinances restricting
location of exotic entertainment establishments; authorizing counties to restrict the location of an
'adult-oriented establishment'; and severability"; 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. 493 - "A Bill to amend and reenact section four, article one, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to duties of the
commissioner of agriculture; and eliminating administrative duties on state rural development
council"; 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. 522 - "A Bill to amend and reenact section seven, article five, chapter
eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to authorizing a county board of education to lease school property that is no longer needed"; 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
Com. Sub. for S. B. 529 - "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 thirty-a, relating
to creating the West Virginia institute for health care professionals; powers and duties of the
institute; establishing a board of directors for the institute; creating the center for nursing; center
assuming the duties of the nursing shortage study commission; establishing a board of directors for
the center; powers and duties of the center; assessing fee to fund the center; and sunset provisions";
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. 530 - "A Bill to amend and reenact section six, article three, chapter
thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact article eight of said chapter; to amend and reenact section three, article nine of
said chapter; to amend and reenact section eleven, article twenty-two of said chapter; to amend and
reenact section ten, article twenty-four of said chapter; to amend and reenact section four, article
twenty-five-a of said chapter; to amend and reenact section five, article twenty-five-d of said chapter;
and to amend and reenact section two-a, article twenty-seven of said chapter, all relating to
investments and investment practices of insurance companies; and correcting references to amended
sections of article eight of said chapter"; 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
S. B. 538 - "A Bill to amend and reenact section five, article three, chapter eleven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing a
supplemental assessment on personal property when personal property has been omitted from the
record-books"; 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. 551 - "A Bill to amend and reenact section seven, article fourteen-d, chapter seven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to employers'
contributions to the deputy sheriff retirement fund; and increasing the contribution from nine and
one-half to ten and one-half percent"; 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. 555 - "A Bill to amend and reenact section seven, article two, chapter
twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing that persons may not be guilty of trespassing or hunting without permission merely
because the person's dog pursues an animal or wild bird onto another person's private or leased land"; which was referred to the Committee on Agriculture and Natural Resources and then 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. 566 - "A Bill to amend and reenact section three, article one, chapter
fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and
reenact section ten-a, article one, chapter fifty-one of said code; to amend and reenact section
thirteen, article two of said chapter; to amend and reenact section six, article two-a of said chapter;
and to amend and reenact sections six, six-a and six-b, article nine of said chapter, all relating
generally to the court system; increasing the salaries of justices of the supreme court, judges of
circuit courts; family court judges, secretary clerks of family court judges and magistrates; providing
that judges' retirement benefits do not change when the salary of judges change during their
retirement; and providing for nullifying certain salary increases under certain conditions"; 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. 570 - "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
two-e; and to amend article fifteen, chapter eleven of said code by adding thereto a new section,
designated section thirty-four, all relating to the West Virginia tourism destination economic development act; prescribing additional duties for the state development office; setting forth
additional powers of the state development office; defining certain terms related to tourism
destination development; setting forth legislative findings; providing for evaluation standards;
providing for certain procedures in processing tourism destination development project applications;
providing for consultation services related to project applications; providing the state development
office and the council for community and economic development with authority to approve tourism
destination development projects; creating a tourism destination development advisory board;
providing for an effective and termination date; and providing tourism destination development
project refund of the state sales tax"; which was referred to the Committee on Government
Organization 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. 583 - "A Bill to amend and reenact section one, article six, chapter
seventeen-c 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 ten; to amend and
reenact sections ten and eleven, article seventeen of said chapter; and to further amend said article
by adding thereto a new section, designated section eleven-d; to further amend said chapter by
adding thereto two new articles, designated articles seventeen-a and seventeen-b; to amend and
reenact sections three and seven, article one, chapter seventeen-e of said code; and to amend chapter
twenty-four-a of said code by adding thereto a new article, designated article one-a, all relating to
the regulation of commercial vehicles; increasing speeding fines for commercial vehicles transporting coal; authorizing public service commission and its employees to enforce laws of the
road for commercial vehicles; authorizing weight enforcement for commercial vehicles moving or
parked on or within one hundred feet of a public highway or right-of-way; establishing
administrative enforcement process and penalties for vehicles transporting coal; issuance of special
permits; setting maximum highway weights; providing legislative findings for special regulation of
coal transportation on the coal resource transportation road system; defining terms; designating
eligible counties; directing public service commission to administer commercial vehicle weights and
measures; providing that division of highways and public service commission administer all aspects
of weight and safety requirements; providing that division of highways coordinate establishment of
coal resource transportation roads with the public service commission; establishing a permitting
program for vehicles transporting coal which allows higher weight limits upon meeting certain
requirements; authorizing public service commission to promulgate emergency and legislative rules;
providing special operator and vehicle permit requirements; providing for fees to be assessed for
permits; providing reporting requirements for vehicle owners, coal shippers and coal receivers;
authorizing commission employees to inspect certain weight transportation records; establishing
administrative sanctions for coal vehicle weight violations; establishing new penalties for weight
violations; establishing procedure and criteria for commissioner of division of highways to designate
special coal resource transportation roads; setting an effective date; authorizing commissioner of
division of highways to enter into agreements with persons responsible for coal transport to
undertake road and bridge improvements; exclusion of off-road vehicles and interstate highways;
providing penalties for spotting; providing for transfer of certain duties, authority and employees of
the division of highways to the public service commission; providing dates for transfer of these duties; providing that state road funds for these costs be transferred to public service commission;
providing that transfer of these duties does not alter other law-enforcement agencies' authority; costs
of enforcement; removing weight from the list of non-serious traffic violations; creating commercial
motor vehicle weight and safety enforcement advisory committee; and providing for its membership,
organization, compensation, expense reimbursements, duties and termination of committee"; 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. 589 - "A Bill to amend and reenact section one hundred three, article two, chapter
thirty-six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to common interest communities; and providing that the provisions of said section relating to
common interest communities and condominiums have no application to restrictive covenants which
contain provisions allowing amendment when the provisions for amendment are duly followed";
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. 605 - "A Bill to amend and reenact article thirteen-b, chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to community
improvement districts and the acquisition and construction of projects; defining certain terms;
authorizing the creation and empowerment of districts; providing for the development, construction, acquisition, financing, extension and improvement of projects; providing for notice of assessment
to owners of real property; authorizing the issuance of assessment bonds; collection of assessments;
providing for assessments and liens related thereto; creating community improvement boards;
membership; and powers and duties of the board"; which was referred to the Committee on Industry
and Labor, Economic Development and Small Business and then 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. 610 - "A Bill to amend and reenact sections nine and ten, article
sixteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as
amended; to amend and reenact section twelve, article three-a, chapter sixty of said code; to amend
and reenact sections fifteen and twenty-two, article four of said chapter; to amend article seven of
said chapter by adding thereto a new section, designated section nine; and to amend and reenact
section three, article eight of said chapter, all relating generally to businesses selling nonintoxicating
beer, alcoholic liquors or wine; increasing annual licensing fees of West Virginia alcohol beverage
control administration licensees; prohibiting private clubs from having limited video lottery license
unless they are a bona fide private club; making technical corrections; and providing effective dates";
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. 611 - "A Bill to amend and reenact sections two, six, nine and ten, article twenty-three, 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 two new sections, designated
sections six-a and six-b, all relating to defining podiatric medical assistants; establishing the
requirement of a permit to perform podiatric radiographs and eligibility criteria therefor; and
restricting the scope of practice under such permit"; 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. 620 - "A Bill to amend and reenact section ten-c, article twenty-two-a, chapter twenty-
nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
racetrack video lottery capital reinvestment fund generally; and specifying that the dollar-for-dollar
recoupment from capital reinvestment fund applies to certain racetrack and associated facilities
located in West Virginia owned by a licensee on the thirtieth day of June, two thousand one"; 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
S. B. 626 - "A Bill to repeal section twenty-one, article nine, chapter nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections
one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, sixteen and
nineteen of said article, all relating to the 'West Virginia Works Act'; repealing rainy day fund; amending short title throughout article; revising legislative findings and purpose; eliminating
performance-based measures for evaluating the program; redefining terms; striking out provision that
the secretary shall ensure availability of support services to help meet program's requirements;
reducing period of exemption from work requirement for beneficiaries with newborn children;
requiring beneficiaries to participate in family assessments; providing that personal responsibility
contract is defined by time limits, availability of support services, program work requirements and
family assessments; eliminating consideration of participants' challenges in meeting program
requirements for purposes of the personal responsibility contract; deleting guidelines for developing
individualized personal responsibility contracts and authorizing secretary to define contracts by rule
instead; retaining cash incentive for married beneficiaries; reducing child support pass-through by
fifty percent; providing sanctions for breach of contract by beneficiary; providing for reduction of
benefits rather than revocation; providing for good cause exceptions to imposition of sanctions;
reducing the period of benefit termination; reducing the period for obtaining diversionary assistance;
and deleting provision that at-risk families may retain a portion of cash assistance when earnings are
below the federal poverty guideline"; which was referred to 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. 648 - "A Bill to repeal section forty, article one, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to repeal section twenty, article two of
said chapter; to repeal section twenty-one, article four-a of said chapter; to repeal section twenty-one,
article nine of said chapter; to amend and reenact sections seven, nine, twenty, twenty-one, twenty-four, twenty-five, twenty-eight, twenty-nine, thirty, thirty-four, thirty-nine, forty-one, forty-four and
forty-five, article one of said chapter; to further amend said article by adding thereto three new
sections, designated sections forty-eight, forty-nine and fifty; to amend and reenact sections two,
three, five, seven, ten, thirteen, nineteen and thirty, article two of said chapter; to further amend said
article by adding thereto a new section, designated section four-a; to amend and reenact sections one,
two, two-a, three, five, five-c, seven, eight, ten and eleven, article three of said chapter; to amend and
reenact sections ten and twenty-three, article four of said chapter; to amend and reenact sections nine,
nineteen, twenty-two, twenty-four-a and twenty-seven, article four-a of said chapter; to amend and
reenact sections ten, thirteen, fifteen and nineteen, article five of said chapter; to amend and reenact
sections three, four-a, five, six, seven and nine, article six of said chapter; to amend and reenact
sections one and four, article seven of said chapter; to amend and reenact sections two, four, five,
eight and twelve, article eight of said chapter; to amend and reenact sections seven and eight, article
ten of said chapter; and to amend and reenact section two, article six, chapter eight of said code, all
relating to elections generally; requiring written notice to registered voters if precinct is changed;
clarifying how members of the state executive committees are elected; specifying the information
to be on the general information cards; providing instruction on casting a provisional ballot;
requiring posting of names of official write-in candidates; requiring all information available to
voters on election day to be available during the early in-person voting period; requiring the circuit
clerk to transfer absentee ballots to the clerk of the county commission where clerk of the county
commission is responsible for absentee voting; authorizing poll clerks to pick up election supplies;
authorizing reimbursement for county employees who deliver election supplies; prohibiting election
officials from also being official write-in candidates; making expanded receiving boards optional; clarifying that alternate election officials be paid for attending training; changing challenged ballot
to provisional ballot throughout; clarifying that the clerk of the county commission may use election
records and returns to update voter registration records; eliminating the requirement for the
immediate arrest of a person accused of voting illegally; establishing procedures for taking and
securing affidavits regarding illegal voting; providing for the secured affidavits to be given to the
prosecuting attorney; establishing procedures for challenging ballots and voting a provisional ballot;
requiring that the secretary of state establish a system to allow provisional voters to learn whether
or not their vote was counted and why; requiring the circuit court to decide proceedings to compel
performance of election duties within fifteen days; establishing a state election fund; setting new
standards for voting systems; providing for state administrative complaint procedures for election
law violations; authorizing the secretary of state to establish and maintain a statewide voter
registration list; providing for stricter identification procedures for voter registration; clarifying when
seventeen-year-olds may vote in municipal elections; providing that voter registration services will
be provided whenever the office of the clerk of the county commission is open for business;
clarifying that the secretary of state must periodically review and revise the rule relating to voter
registration; clarifying that voter registration lists or data files may not be used or sold for
commercial or charitable solicitations or advertising; changing regular absentee voting to early in-
person voting; allowing voters who have resided in a nursing home for less than thirty days to vote
by an emergency absentee ballot; clarifying that absentee ballots require a mail-in absentee ballot
application; authorizing two representatives to assist with absentee voting and establishing
qualifications; expanding the early in-person voting period to twenty days; eliminating voting on
Monday before a Tuesday election and adding voting on the two Saturdays prior to the election; requiring notice to voters that Monday voting is no longer available; clarifying procedures for, and
materials required for, early in-person voting; authorizing representatives to sign the back of mail-in
ballots; requiring proper supplies be sent to mail-in absentee voters; establishing measures for
securing mail-in absentee ballots; providing that the emergency absentee ballot commissioners must
sign an oath; authorizing counties that use paper ballots to begin counting absentee ballots at nine
o'clock the morning of election day; removing certain requirements for challenging absentee ballots;
allowing ballot commissioners and the clerk of the circuit court to use printed facsimile signature;
requiring that all electronic voting system materials be retained twenty-two months; providing that
a person who assists voters casting their ballots cannot be a candidate on the ballot or an official
write-in candidate; removing the requirement that write-in votes be indicated by punching out write-
in voting position on a punch card ballot in addition to entering the candidate's name; providing that
the publication of sample ballots will be made not more than twenty-six nor less than twenty days
prior to the primary and general elections; requiring numbers and perforated stubs on paper ballots;
clarifying the requirements for an executive committee to call a meeting to fill vacancies on a ballot;
allowing issues of candidate eligibility to be brought before the election commission; requiring the
certificate of announcement for a write-in candidate be received by the close of business the
eighteenth day prior to the election; requiring contests for state offices, legislative seats and
judgeships to be filed within ten days of the certification of the election; removing the requirement
that political committees advocating for or against an issue file financial statements; excluding
federal political action committees from filing with the state; allowing a change of treasurer of a
campaign committee by filing a written statement; requiring that candidates in a primary election file
financial statements on the last Saturday in March or within six days thereafter; requiring that candidates in a general election file financial statement on the first Saturday in September or within
six days thereafter; eliminating requirement that financial reports be notarized and requiring them
to be sworn; allowing corporations to participate in nonpartisan registration and get-out-the-vote
campaigns; prohibiting anonymous radio or television advertisements advocating the election or
defeat of candidates; clarifying how a vacancy in the office of county commissioner or clerk of the
county commission is to be filled; removing requirement to fill certain vacancies by election if the
unexpired term is greater than one year; removing inconsistent time frames for holding annexation
election; and clarifying that a majority of votes in the municipality and a majority of votes in the
territory to be annexed determine the outcome of annexation elections"; 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. 649 - "A Bill to amend and reenact sections four and six, article twenty-four, chapter
seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to
amend article fifteen-a, chapter thirty-one of said code by adding thereto a new section, designated
section seventeen-a, all relating to providing for the use of waste tire remediation funds to finance
infrastructure projects relating to waste tire processing facilities which have a capital cost of not less
than three hundred million dollars"; 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. 651 - "A Bill to repeal article one-c, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to amend chapter five-b of said
code by adding thereto a new article, designated article two-c, relating to creation of the West
Virginia academy of science and technology; declaring legislative purpose; establishing the academy
council; defining the qualifications and selection of members; establishing terms of members;
providing that members shall not be entitled to compensation; executive director of the council;
duties of the council and the executive director; nomination of fellows of the academy and their
participation in working groups of the academy; requiring periodic reports; continuation; and
providing for confidentiality of trade secrets"; 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. 657 - "A Bill to amend and reenact sections two, four, five and eight, article one,
chapter five-e of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating generally to the West Virginia capitol company act; lowering amount of tax credits available;
making a portion of the venture capital company tax credit available to investors in economic
development and technology advancement centers generally; declaration of policy; definitions;
providing for tax credits for centers; and authorizing promulgation of legislative rules"; which was
referred to the Committee on the Judiciary.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Fleischauer, Amores, Anderson, Ashley, Azinger,
Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael, Caruth, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Faircloth,
Ferrell, Foster, Fragale, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay,
Iaquinta, Kominar, Kuhn, Leach, Long, Louisos, Mahan, Manchin, Manuel, Martin, Mezzatesta,
Michael, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot,
Renner, Romine, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker, Staton,
Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump,
Tucker, Varner, Wakim, Warner, Webb, Webster, H. White, Williams, Wright, Yeager and Yost
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 76 - "Requesting the Joint Committee on Government and Finance to conduct a
study on Medicaid Aged and Disabled Waivers, looking into circumstances in which they are
granted, potential savings that could occur from avoiding nursing home stays and benefits to citizens
from continuing to live as independently as possible as well as the efforts of other states to allow the
money to follow the person and the outcomes of such programs."
Whereas, The number of aged and disabled persons continues to increase, the Aged and
Disabled Waiver slots are designed to offer individuals an alternative to nursing home placement,
the West Virginia Department of Health and Human Resources announced a freeze on Aged and
Disabled Waiver slots beginning on January 1, 2003, and the freeze on the Aged and Disabled
Waiver slots may jeopardize the receipt of benefits in a manner in which a citizen wishes; and
Whereas, According to a Report to the Senate Appropriations Committee on Health and
Human Services, the House Appropriations Subcommittee on Health and Human Services and the
Fiscal Research Division on Medicaid Cost Containment and Growth Reduction by the Division of
Medical Assistance of the Department of Health and Human Resources, the Division of Medical Assistance (DMA) does not want to force people to enter nursing facilities when they do not prefer
nursing facilities and the report also stated that if every person who applied for but was denied
Community Alternative Program (CAP) services, which allow aged and disabled medicaid recipients
to stay at home when eligible, entered a nursing facility, it would be more costly than the CAP
option; and
Whereas, Other states have adopted legislation requiring that federal money slotted for
individuals to reside in nursing homes to follow the person after leaving a nursing home to utilize
the CAP services so that they might live independently as long as possible; and
Whereas, The Legislature should explore the possibilities of increasing the number of Aged
and Disabled Waiver slots when individuals meet the criteria for the waiver, and of allowing the
money to follow the person for citizens of the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
circumstances in which medicaid waivers are granted, potential savings to the State and the
individual by avoiding nursing home stays and the benefits of allowing the money to follow the
person; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to
study the efforts that other states have made to enable citizens to live as independently as possible,
including legislation allowing the money to follow the person; 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.
Delegates Manchin and Caputo offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 77 - "Requesting the West Virginia Division of Highways to erect signs at the
unincorporated village to identify Quiet Dell, Marion County, West Virginia, as the birthplace and
home of Hershel Woodrow Williams, a member of the United States Marine Corps during World
War II, and recipient of the Congressional Medal of Honor."
Whereas, The highest honor which can be bestowed on a member of the United States
Armed Services is the Congressional Medal of Honor which was first created to honor Union
military personnel for uncommon valor on the field of battle was awarded to Hershel Woodrow
Williams who was born October 2, 1923, at Quiet Dell, Marion County, West Virginia; and
Whereas, Since the establishment of the Medal of Honor, millions of Americans have
fought in twenty-two wars and armed conflicts and, among these, only three thousand four hundred
eight persons have received the award for uncommon acts of valor; and
Whereas, West Virginia has sent more of its young men and women, per capita, into harm's
way to serve in the armed services of this country than any other State; and
Whereas, Hershel Woodrow Williams served as a Corporal in the United States Marine
Corps Reserve, twenty-first Marines, third Marine Division during World War II; and
Whereas, Hershel Woodrow Williams was awarded the Medal of Honor for his acts of
uncommon valor exhibited during the fierce fighting against the Japanese on February 23, 1945, during the battle of Iwo Jima; and
Whereas, Hershel Woodrow Williams' acts of uncommon valor on the field of battle are
a testament to his valiant devotion to his country and are representative of the highest traditions of
the United States Naval Service and the Marine Corps. The citation awarding the Medal of Honor
included the following: "For conspicuous gallantry and intrepidity at the risk of his life above and
beyond the call of duty as demolition sergeant serving with the 21st Marines, 3d Marine Division,
in action against enemy Japanese forces on Iwo Jima, Volcano Islands, 23 February 1945. Quick
to volunteer his services when our tanks were maneuvering vainly to open a lane for the infantry
through the network of reinforced concrete pillboxes, buried mines, and black volcanic sands, Cpl.
Williams daringly went forward alone to attempt the reduction of devastating machine-gun fire from
the unyielding positions. Covered only by four riflemen, he fought desperately for four hours under
terrific enemy small-arms fire and repeatedly returned to his own lines to prepare demolition charges
and obtain serviced flame throwers, struggling back, frequently to the rear of hostile emplacements,
to wipe out one position after another. On one occasion, he daringly mounted a pillbox to insert the
nozzle of his flame thrower through the air vent, killing the occupants and silencing the gun; on
another he grimly charged enemy riflemen who attempted to stop him with bayonets and destroyed
them with a burst of flame from his weapon. His unyielding determination and extraordinary
heroism in the face of ruthless enemy resistance were directly instrumental in neutralizing one of the
most fanatically defended Japanese strong points encountered by his regiment and aided vitally in
enabling his company to reach its objective. Cpl. Williams' aggressive fighting spirit and valiant
devotion to duty throughout this fiercely contested action sustain and enhance the highest traditions
of the U.S. Naval Service"; and
Whereas, Hershel Woodrow Williams, after serving as a combatant during World War II,
dedicated his life to the service of all veterans in this country and this should not go unnoticed;
therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is requested to provide and erect signs at the
unincorporated Village identifying Quiet Dell, Marion County, West Virginia, as the birthplace and
home of Hershel Woodrow Williams, a member of the United States Marine Corps during World
War II, and recipient of the Congressional Medal of Honor, a native son of whom we are extremely
proud and whose wartime actions and dedication to the service of his country, state and fellow
service members epitomize the best of West Virginia and humankind; 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 Hershel Woodrow Williams.
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. 78 - "Renaming the street, now named 'Howard Street', located on Route 52 in
Stafford district in Mingo County, 'Raymond John Toler Drive'."
Whereas, Raymond John Toler was born May 19, 1923, in Iaeger, West Virginia, to Amos
and Laura Toler; and
Whereas, Raymond John Toler served his country during World War II in the United States
Navy aboard the U.S.S. Zellars; and
Whereas, Raymond John Toler was a hard-working and productive citizen who at various
times was a mine foreman for Island Creek Coal Company as well as a self-employed contractor and owner of a carpet store; and
Whereas, Raymond John Toler was a devoted and devout religious man who served as a
Deacon of the church and who assisted in the first building of the Tabernacle building for the Justice
Tabernacle, including the fashioning of the pews and pulpit that were in the church; and
Whereas, Raymond John Toler was a family man who fathered nine children and who was
a member of the "Toler Trio" wherein he was accompanied by his wife, and son Benjamin; and
Whereas, Raymond John Toler was instrumental in the creation of the road, which is now
named "Howard Street"; therefore, be it
Resolved by the Legislature of West Virginia:
That the street, now named "Howard Street," located on Route 52 in Stafford district in
Mingo County, be renamed the "Raymond John Toler Drive"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect an appropriate
sign at the entry way of each end of said street designating it as "Raymond John Toler Drive";
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the surviving family members of Raymond John Toler in care of Dallas Toler, Post
Office Box 27, Ragland, West Virginia 25670, and to the Mingo County Commission.
Petitions
Delegates Smirl, Howard and Sobonya presented a resolution adopted by the Higher
Education Policy Commission, endorsing legislative action to reduce the impact of budget shortfalls
on institutions of higher education; which was referred to the Committee on Education.
Consent Calendar
Second Reading
S. B. 390, Removing requirement social security number appear on commercial driver's
license; on second reading, coming up in regular order, was read a second time and ordered to third
reading.
Special Calendar
Unfinished Business
S. C. R. 26, Requesting Division of Highways name the bridge from Pomeroy, Ohio, to
Mason, "Bridge of Honor"; coming up in regular order, as unfinished business, 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.
H. C. R. 37, Requesting a study of planning for the safe evacuation from the state capitol
complex of people with disabilities; coming up in regular order, as unfinished business, 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.
H. C. R. 49, Requesting a study on the costs and benefits associated with West Virginia's
deer population; coming up in regular order, as unfinished business, 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.
H. C. R. 55, Renaming Commerce Street on West Virginia State Route 2 to "Heroes
Highway"; coming up in regular order, as unfinished business, 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
Com. Sub. for H. J. R. 6, Increase of Terms of Members of the Legislature Amendment; on
third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
S. B. 283, Continuing public service commission; 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. 343),
and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Louisos and Walters.
Absent And Not Voting: Coleman, Morgan and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 283) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 284, Continuing division of purchasing within department of administration; 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. 344),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Kuhn.
Absent And Not Voting: Coleman, Morgan and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 284) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 470, Continuing board of manufactured housing construction and safety; 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. 345),
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, Thompson, R. and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 470) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
The following bills on third reading, coming up in regular order, were, on motion of Delegate
Staton, laid upon the table:
Com. Sub. for H. B. 2869, Relating to the creation, development and operation of an
automated tax administration system,
Com. Sub. for H. B. 2967, Relating to discrimination against members of duly registered
clubs or organizations and providing for criminal,
And,
H. B. 3198, Relating to contingent certification of certain economic development, capital
improvement and infrastructure projects as eligible for public financial support.
Second Reading
Com. Sub. for S. B. 450, Creating automated tax administration system; on second reading,
coming up in regular order, was read a second time.
On motion of Delegate Staton, the bill was amended on page two, following the enacting
section, by striking out the remainder of the bill, and inserting in lieu thereof the following:
"ARTICLE 10C. BENEFITS FUNDED PURCHASING.
§11-10C-1. Legislative finding; short title and purpose.
The Legislature hereby finds that creation, development, acquisition and maintenance of an
automated tax administration system by the tax division of the department of tax and revenue are
crucial to efficient operation of state government and in the best interests of the people of West
Virginia; that the accuracy, efficiency and cost effectiveness of an automated tax administration
system will benefit the people of West Virginia through cost savings, more efficient tax
administration and more uniform and effective application of the tax laws of the state.
This article shall be known as the "Benefits Funded Purchasing Act," and is hereby
established by the Legislature for the purpose of creating, developing and maintaining an automated
tax administration system by the tax division of the department of tax and revenue.
§11-10C-2. Authorization of benefits funded automated tax administration system purchasing
program; reports; expiration of authority.
(a) The tax commissioner is hereby authorized to enter into contracts to finance and acquire an automated tax administration system and associated computer hardware and software, for use in
the registration of taxpayers, processing of remittances and returns, and collection of delinquent
taxes and any interest and penalties thereon and for general tax administration. The tax
commissioner is further authorized to acquire the technical services and related services necessary
to develop, implement and maintain such system and associated computer hardware and software.
(b) Prior to entering into any contract authorized by this article, the tax commissioner shall
provide to the joint committee on government and finance a copy of the contract and a report setting
forth a detailed summary of the terms of the contract, including the estimated amounts of vendor
payments and other terms of financing anticipated under the contract and the date upon which vendor
payments will end under the contract, and a description and the cost of the technical services and
related services the tax commissioner determines is necessary to develop, implement and maintain
the system and associated hardware or software to be acquired under the contract.
(c) The authority of the tax commissioner to enter into contracts to finance and acquire an
automated tax administration system expires the thirtieth day of June, two thousand five. The
expiration of that authority does not affect the authority of the tax commissioner to enter into
contracts to maintain an automated tax administration system acquired pursuant to this section,
including contracts for the acquisition of associated hardware, software or services after meeting the
requirements of subsection (b) of this section.
§11-10C-3. Benefits funding.
Notwithstanding any provision of article three, chapter five-a of this code or any other
provision of this code to the contrary, payment of costs and compensation for the automated tax
administration system, related hardware, software and services may be computed and paid: (1) 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 may be described
in detail by contract; or (2) on a fixed fee contract basis, such 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 may be described in detail by contract.
§11-10C-4. Monthly determination of increased revenue attributable to automated tax
administration system; monthly report; deposit of moneys; creation and operation of
automated tax administration system development fund; annual report.
(a) Revenue increment, fund created, operation of fund. -- (1) The tax commissioner shall
determine monthly the total amount of increased revenue attributable to the successful
implementation of the automated tax administration system under this article, and the amount shall
be paid into the state treasury, and deposited to the credit of a special fund known as the "Automated
Tax Administration System Development Fund," which is hereby created. The tax commissioner
is authorized to use moneys deposited in the automated tax administration system development fund
to pay vendors of hardware, software or services, pursuant to the terms of contracts created in
accordance with this article. All moneys in excess of that required to be paid to the vendors, as
determined by the tax commissioner, shall be transferred to the general fund: Provided, That all
moneys in excess of seven hundred fifty thousand dollars remaining in the fund at the end of each
fiscal year shall be transferred to the general fund.
(2) The total monthly amount of increased revenue attributable to the successful
implementation of the automated tax administration system as determined by the tax commissioner
and the basis for the determination shall be reported to the joint committee on government and finance within ten days following the determination.
(b) Treatment of local moneys. --
(1) The amount of the local moneys derived from any tax imposed under this code which is
directed or dedicated to local or municipal subdivisions shall not be deposited in the automated tax
administration system development fund, but shall be paid undiminished, including any increase
resulting from implementation of the automated tax administration system, to the local or municipal
subdivision to which it is directed or dedicated by law. Local or municipal moneys shall be
deposited, as directed by law, in those funds designated for orderly distribution of revenues to local
or municipal subdivisions.
(2) For purposes of this section, the total amount of increased revenue attributable to the
successful implementation of an automated tax administration system for purposes of determining
the amount to be deposited in the automated tax administration system development fund and the
amount of any benefits funded payments to vendors under this article shall be determined after
subtraction of any tax revenues payable to a local or municipal subdivision under this code.
(c) Reports. - Prior to the fifteenth day of January of each year, the tax commissioner shall
submit a report to the governor, the president of the Senate and the speaker of the House of
Delegates. The report shall include detailed information on the costs and benefits of implementing
the automated tax administration system pursuant to this article during the fiscal year immediately
preceding the submission of the report. The report shall be made until two complete fiscal years
have elapsed following payment in full for the acquisition of the automated tax administration
system by the tax commissioner.
(d) Other contracts and purchases not prohibited or hindered. -- This article shall not be construed to prohibit or hinder the tax commissioner from acquiring any goods or services for any
tax division function or program not specifically included in any contract entered into pursuant to
this article.
§11-10C-5. Transfer of funds; repeal of article.
At the end of fiscal year two thousand thirteen, all moneys in the automated tax
administration system development fund shall be transferred to the general fund and the provisions
of this article are repealed."
The bill was then ordered to third reading.
Com. Sub. for H. B. 3057, Removing the privilege of confidentiality in communications to
clergy when the communications involve matters involving child abuse or neglect; on second
reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
First Reading
H. B. 2136, Election of magistrates in certain counties; on first reading, coming up in regular
order, was, on motion of Delegate Staton, laid upon the table.
Delegates Tabb, Doyle and Manuel requested that the Clerk record them as voting "Nay"
on the motion to table.
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Coleman and Wakim.
Miscellaneous Business
Delegate Morgan announced that he was absent on Monday, March 3, 2003 when the votes
were taken on Roll Nos. 343 and 344, and that had he been present, he would have voted "Yea" thereon.
Delegate Poling asked and obtained unanimous consent that the remarks of Delegate
Hamilton regarding a newspaper article that had misquoted him be printed in the Appendix to the
Journal.
Delegate Crosier noted to the Clerk that had he been present when the votes were taken on
Roll Nos. 183 through 341 on Friday, February 28, 2003, he would have voted "Yea" thereon.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
returned 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. 79 - "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 6, 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 respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. C. R. 79) 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. 346), 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, Spencer and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. C. R. 79) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 12:25 p. m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Tuesday, March 4, 2003.