JOURNAL
OF THE
HOUSE OF DELEGATES
THIRD EXTRAORDINARY SESSION
__________*__________
Monday, November 15, 2004
Pursuant to the Proclamation of His Excellency, the Governor, issued on the fifteenth day
of November, 2004, and hereinafter set forth, convening the Legislature in Extraordinary Session
on the fifteenth day of November, 2004, the House of Delegates assembled in its Chamber in the
Capitol Building in the City of Charleston, and at twelve o' clock meridian, was called to order by
the Speaker, the Honorable Robert S. Kiss.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The roll being called (Roll No. 867), and 90 members having answered to their names, the
Speaker declared the presence of a quorum.
Messages from the Executive
The Speaker laid before the House of Delegates the Proclamation of His Excellency, the
Governor, convening the Legislature in extraordinary session, which was read by the Clerk as
follows:
State of West Virginia
EXECUTIVE DEPARTMENT
Charleston
A PROCLAMATION
By The Governor
I, BOB WISE, GOVERNOR of the State of West Virginia, by virtue of the authority vested
in me by Section 7, Article VII of the Constitution of West Virginia, do hereby call the Legislature
of West Virginia to convene in Extraordinary Session at twelve o'clock noon on the fifteenth day
of November, Two Thousand Four, in its chambers in the State Capitol, City of Charleston, for the
sole purpose of considering and acting upon the following matters:
FIRST: A supplementary appropriation bill relating to the provision of moneys to the
Governor's Civil Contingent Fund in order to supply, inter alia, relief to those counties and citizens
affected by flooding.
SECOND: Supplementary appropriation bills relating to the provision of moneys to the West
Virginia State Police for the purchase of a helicopter.
THIRD: A supplementary appropriation bill relating to the provision of federal moneys to
the Insurance Commissioner for the West Virginia Health Insurance Plan.
FOURTH: A supplementary appropriation bill relating to the provision of federal moneys
to the National Coal Heritage Area Authority for competitive grant awards.
FIFTH: A supplementary appropriation bill relating to the provision of moneys to the
Division of Culture and History for museum construction/renovation.
SIXTH: A supplementary appropriation bill relating to the provision of moneys previously
appropriated to the Workers' Compensation Fund to allow for the transfer and investment of said
funds.
SEVENTH: A supplementary appropriation bill relating to the provision of federal moneys to the Office of Emergency Services for a Homeland Security Special Volunteer Program.
EIGHTH: A supplementary appropriation bill relating to the provision of moneys to the
Division of Criminal Justice Services for community corrections.
NINTH: A supplementary appropriation bill relating to the provision of moneys to the State
Department of Education for increased enrollment.
TENTH: Supplementary appropriation bills relating to the provision of moneys for
correction of tax assessment errors.
ELEVENTH: A supplementary appropriation bill relating to the provision of moneys to the
West Virginia Development Office for economic development assistance.
TWELFTH: Legislation relating to technical corrections regarding the West Virginia Health
Insurance Plan Board's authority generally and clarifying language relating to creation of the West
Virginia Health Insurance Plan Fund and the ability to receive and expend moneys from such fund.
THIRTEENTH: Legislation relating to extending the time period for which Public
Employees Insurance Reserve Fund moneys may be appropriated to the Bureau of Medical Services
of the Department of Health and Human Resources.
FOURTEENTH: A concurrent resolution relating to incorporating recommendations from
the West Virginia Pharmaceutical Cost Management Council, including authorizing the Council's
implementation of the Federal Supply Schedule as a benchmark for the negotiation and purchase of
brand name drugs by the State of West Virginia and implementation of the strategic plan established
in the Reference Pricing Report submitted September 10, 2004, and requesting the Council to
recommend further legislative enactments as necessary.
FIFTEENTH: Legislation, similar to Engrossed Senate Bill No. 579 considered during Regular Session 2004, relating to technical corrections of and updates to the sex offender registration
statutes in order to comply with federal standards.
SIXTEENTH: Technical corrections to Enrolled Committee Substitute for House Bill No.
4001 from Regular Session 2004 relating generally to ensuring safer schools and empowering
teachers.
SEVENTEENTH: Technical corrections to Enrolled Committee Substitute for House Bill
No. 4156 from Regular Session 2004 relating generally to DNA testing for convicts.
EIGHTEENTH: Legislation relating to audit requirements of corporations, associations, or
other organizations which receive State funds or grants over $15,000 after the first day of July 2004.
NINETEENTH: Legislation relating to permitting the Secretary of Administration to
promulgate rules concerning trespass upon state property.
TWENTIETH: Legislation relating to enabling the Board of Medicine to license doctors
under special circumstances if it is beneficial to the public interest.
TWENTY-FIRST: Legislation relating to establishing, within the Office of the Secretary of
State, a revolving loan account with moneys received from the Federal Help America Vote Act to
provide for county purchasing and maintenance of electronic voting equipment and software,
providing the Secretary of State with authority to promulgate legislative rules for the use of such
account, and designating certain duties to the State Elections Commission.
TWENTY-SECOND: Legislation to authorize and appropriate the expenditure of public
moneys to pay the expenses of this Extraordinary Session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State
of West Virginia, this the fifteenth day of November,
in the year of our Lord, Two Thousand Four, and in
the One Hundred Forty-Second year of the State.
Bob Wise,
Governor.
Joe Manchin, III
Secretary of State
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had assembled in extraordinary session and was
ready to enter upon the business stated in the Proclamation by which it had been called together.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Foster, Craig and Smirl.
On motion of Delegate Staton, the Speaker was authorized to appoint a committee of three,
to join with a similar committee on the part of the Senate, to inform His Excellency, the Governor,
that the Legislature had assembled in extraordinary session and was ready to enter upon the business
stated in the Proclamation.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Foster, Craig and Smirl.
Delegate Foster, from the Committee to notify the Senate that the House of Delegates had assembled in extraordinary session and was ready to proceed to the business of the session,
announced that the committee had discharged its assignment.
Delegate Foster, from the Committee to inform His Excellency, the Governor, that the
Legislature had assembled in extraordinary session pursuant to his Proclamation, announced the
performance of that duty.
Messages from the Senate
A message from the Senate, by
Senators Rowe, Dempsey and Harrison, announced that the Senate had convened in
extraordinary session, pursuant to the Proclamation of the Governor, with a quorum present, and was
ready to enter upon the business for which the Legislature had been called together.
At 12:25 p.m., on motion of Delegate Staton, the House of Delegates recessed until 1:00 p.m.,
and reconvened at that time.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Trump, Boggs, Brown, Campbell, Cann, Crosier,
DeLong, Ennis, Fleischauer, Foster, Hartman, Houston, Kominar, Leach, Mahan, Manuel, Michael,
Morgan, Palumbo, Perdue, Perry, Pethtel, Pino, Poling, Shaver, Spencer, Staton, Stemple, Susman,
Swartzmiller, R.M. Thompson, Varner, Warner, Webster, H. White, Williams and Yost offered the
following resolution, which was read by its title, as follows:
H. C. R. 3001 - "Authorizing the adoption and implementation of the use or reference of
the Federal Supply Schedule ('FSS') to establish a benchmark for prescription drug prices for the
negotiation and purchase of brand name drugs by the State of West Virginia; and further, authorizing
the West Virginia Pharmaceutical Cost Management Council to implement the strategic plan
established in the Reference Pricing Report submitted on September 10, 2004, to the Joint Committee on Government and Finance in accordance with the provisions of article three-c, chapter
five-a of the code of West Virginia, 1931, as amended; and further the Legislature requests the
Council to recommend legislative enactments as necessary from time to time to implement the
same."
Whereas, In accordance with the provisions of subsection (d), section six, article three-c,
chapter five-a of the code of West Virginia, 1931, as amended, the West Virginia Pharmaceutical
Cost Management Council has recommended the establishment of a pricing schedule using or
referencing FSS pricing as a benchmark for prescription drug prices for the negotiation and purchase
of brand name drugs; and
Whereas, In accordance with the provisions of subsection (e), section six, article three-c,
chapter five-a of the code of West Virginia, 1931, as amended, the adoption of a concurrent
resolution by the Legislature is required to authorize the implementation of the FSS reference
pricing schedule as a benchmark for prescription drug prices for the negotiation and purchase of
brand name drugs and the strategic plan; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby adopts the use or reference of the FSS to establish a benchmark
for prescription drug prices for the negotiation and purchase of brand name drugs by the state of
West Virginia; and the Legislature authorizes the West Virginia Pharmaceutical Cost Management
Council to implement the FSS pricing schedule as a benchmark for the negotiation and purchase
of brand name drugs and the strategic plan established in the Reference Pricing Report submitted
September 10, 2004, all in accordance with the provisions of article three-c, chapter five-a of the
code of West Virginia, 1931, as amended; and further the Legislature requests the Council to
recommend legislative enactments as necessary from time to time to implement the same.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H.
C. R. 3001) to a committee was dispensed with.
Bills Introduced
On motions for leave, bills were introduced and read by their titles as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 301 - "A Bill making a supplementary appropriation of excess lottery revenue funds
to the workers' compensation commission, fund 3460, fiscal year 2005, organization 0322, all
supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June,
two thousand five."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 301) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 868), and there were--yeas 88, nays
none, absent and not voting 11, with the absent and not voting being as follows:
Absent And Not Voting: Azinger, Canterbury, Coleman, Ennis, Faircloth, Hrutkay,
Manchin, Mezzatesta, Renner, Tucker and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
Delegate Armstead requested to be excused from voting under the provisions of House Rule
49.
The Speaker refused to excuse the Gentleman, stating that he was a member of a class of
persons and did not stand to benefit directly or in a pecuniary manner therefrom.
On the passage of the bill, the yeas and nays were taken (Roll No. 869), and there were--yeas
88, nays none, absent and not voting 11, with the absent and not voting being as follows:
Absent And Not Voting: Azinger, Canterbury, Coleman, Ennis, Faircloth, Hrutkay,
Manchin, Mezzatesta, Renner, Tucker and Wright.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 301) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 870), and there were--yeas 89, nays
none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Ennis, Faircloth, Hrutkay, Manchin,
Mezzatesta, Renner, Tucker and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 301) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 302 - "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand five, to new items of appropriation designated to the department
of revenue, insurance commissioner, fund 8883, fiscal year 2005, organization 0704, and to the
national coal heritage area authority, fund 8869, fiscal year 2005, organization 0941, all
supplementing and amending chapter thirteen, acts of the Legislature, regular session, two thousand
four, known as the budget bill."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 302) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 871), and there were--yeas 89, nays
none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Ennis, Faircloth, Hrutkay, Manchin,
Mezzatesta, Renner, Tucker and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 872), and there were--yeas
89, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Ennis, Faircloth, Hrutkay, Manchin,
Mezzatesta, Renner, Tucker and Wright.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 302) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 873), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta,
Renner, Tucker and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 302) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 303 - "A Bill making a supplementary appropriation of federal funds out of the
treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand five, to the department of military affairs and public safety -
office of emergency services, fund 8727, fiscal year 2005, organization 0606, all supplementing and
amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five."
which are hereby appropriated by the terms of this supplementary appropriation bill; therefore"
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 303) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 874), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta,
Renner, Tucker and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 875), and there were--yeas
90, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta,
Renner, Tucker and Wright.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 303) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 876), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta,
Renner, Tucker and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 303) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 304 -"A Bill to amend and reenact §15-12-2, §15-12-2a, §15-12-3, §15-12-5,
§15-12-6, §15-12-7 and §15-12-8 of the code of West Virginia, 1931, as amended; and further
amending said code by adding thereto a new section, designated §15-12-3a, all relating to sex
offender registration; adding information related to motor vehicles owned or regularly operated by
a registrant to the registry; providing definition of business days; requiring registration upon
conviction, release or other disposition status; providing that sexually violent predators may petition
for removal from the registry only if an underlying conviction is reversed or vacated; clarifying
permissible disclosure of information on the registry; clarifying duties of institution officials and
persons required to register; and creating a penalty for any person to knowingly fail to report
required information or to knowingly refuse or falsify required information."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 304) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 877), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta,
Renner, Tucker and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 878),
and there were--yeas 90, nays none, absent and not voting 9, with the absent and not voting being
as follows:
Absent And Not Voting: Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta,
Renner, Tucker and Wright.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 304) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 879), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta,
Renner, Tucker and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 304) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 305 - "A Bill to amend and reenact §15-2B-3 and §15-2B-6 of the code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-2B-14, all relating to DNA testing for convicts under certain circumstances."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 305) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 880), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta,
Renner, Tucker and Wright.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time.
On motion of Delegate Amores, the bill was amended on page five, section six, lines
fourteen through seventeen, by striking out the words "The biological sample obtained to conduct
the identity test but not necessary to establish identity shall be destroyed following the performance
of the identity analysis." and inserting in lieu thereof the words "The biological sample obtained to
conduct the identity test not necessary to conduct a present or future identity test shall be destroyed
following the performance of the initial identity test analysis."
The bill was then ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 881),
and there were--yeas 90, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta,
Renner, Tucker and Wright.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 305) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 882), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta,
Renner, Tucker and Wright.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 305) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 306 - "A Bill to amend and reenact §33-48-2, §33-48-4, §33-48-6 and §33-48-7 of the
code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §33-48-7a, all relating to the West Virginia health insurance plan; placing the plan within
the office of the insurance commissioner; exempting the plan from the certain state purchasing
requirements; authorizing the hiring of an executive director and exempting such director from the
classified service; changing eligibility criteria for the plan; limiting the eligibility of recipients of
the West Virginia children's health insurance program; prohibiting balance billing of plan members by health care providers for covered services provided under the plan; authorizing the insurance
commissioner to utilize department staff and resources in administering the plan; and creating a
special revenue account known as the 'West Virginia health insurance plan fund' for the purpose
of receiving and expending moneys to be used in connection with the West Virginia health insurance
plan."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 306) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 307 - "A Bill to amend and reenact §11B-2-15 of the code of West Virginia, 1931, as
amended, relating to appropriation in certain fiscal years of moneys to the bureau for medical
services of the department of health and human resources from funds held in reserve for the public
employees insurance agency."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 307) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B.308 - "A Bill to amend and reenact §18-2E-5 and §18-2E-5c of the code of West
Virginia, 1931, as amended; to amend and reenact §18-5-15f of said code; to amend said code by
adding thereto a new section, designated §18-5-46; to amend and reenact §18-20-5 of said code; to
amend and reenact §18A-2-12 of said code; to amend said code by adding thereto a new section, designated §18A-2-12a; and to amend and reenact §18A-5-1 and §18A-5-1a, all relating to the
process for improving education and removing impediments to improving performance and
progress; making technical references, grammatical corrections and stylistic changes; refocusing
school and county improvement plans; requiring unified school improvement plan boilerplate;
adding requirement for standards; revising performance measures and specifying their use;
modifying requirements for assessments; adding indicators of exemplary performance and progress;
specifying use of efficiency indicators; reorienting system of education performance audits;
changing policy for making on-site reviews of schools and school systems; modifying who office
of education performance audits reports to; modifying salary cap for office director; revising and
adding items specified for compliance documentation on checklist format; modifying process for
selection of schools and school systems for on-site review; open meetings exemption for state board
during certain discussions; modifying limitation in scope of on-site review; modifying persons to
be included in an on-site review; expanding on-site exit conferences and specifying purpose;
modifying time limitations for on-site review reports; making certain findings and excluding certain
areas from review by performance audits; further specifying conditions for student transfers from
seriously impaired schools; granting certain authority for real estate transactions to state board
during state intervention; clarifying rights of principal removed from seriously impaired school;
specifying certain notice requirements by state board to process for improving education council;
recording suspensions and expulsions on the West Virginia education information system;
prohibiting a teacher from being required to change grade; exception; limiting state rules, policies
and standards for exceptional children programs to federal requirements and directing report of
review and comparison of laws to legislative oversight commission; restricting publication of lesson
plans; setting forth general statement on relations between county boards and school personnel; and placing sole responsibility for proper student discipline with county boards and requiring county
board policies."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 308) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 309 - "A Bill to amend and reenact §12-4-14 of the code of West Virginia, 1931, as
amended, relating to auditing corporations, associations or other organization which receive state
funds or grants."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 309) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 310 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-1-12; and to amend and reenact §61-3b-5 of said code, all
relating to regulating activities and access to state-owned facilities; granting department of
administration rule-making authority; and establishing criminal penalties."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 310) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B.311 - "A Bill to amend and reenact §30-3-10 of the code of West Virginia, 1931, as
amended, relating to granting the board of medicine flexibility under special circumstances to issue
a license."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 311) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 312 - "A Bill to amend and reenact §3-1-48 of the code of West Virginia, 1931, as
amended, relating to facilitating implementation of the "Help America Vote Act of 2002";
implementation of electronic voting systems; providing legislative findings; continuing the state
election fund; specifying requirements for funding county voting system; allowing loans to counties;
establishing special revenue account; specifying criteria for obtaining a loan; providing for
investment of fund moneys; allowing loans to counties for electronic voting systems; specifying
eligibility requirements for loans; giving authority to state election commission to waive matching
moneys; limiting availability of loans; specifying duties of secretary of state; and authorizing
methods for compelling repayment of loans."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (H. B. 312) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Canterbury, Coleman, Faircloth, Hrutkay, Manchin, Mezzatesta, Renner,
Tucker and Wright.
At 3:32 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 12:00
Noon., Tuesday, November, 16, 2004.