__________*__________
Tuesday, February 17, 2004
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 16, 2004, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegate Staton offered the following resolution:
H. C. R. 38 - "Extending the Committee of Conference relating to consideration of Com.
Sub. for H. B. 4022, Creating 'The All-Terrain Vehicle Safety Regulation Act'."
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 additional days, expiring at the
conclusion of business on February 20, 2004, for the express purpose of consideration of matters of
disagreement between the two houses as to Com. Sub. for H. B. 4022.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. C. R. 38) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. R. 8, Amending the rules of the House of Delegates, relating to requiring consideration
of fiscal impact of proposed crime legislation,
And reports the same back with the recommendation that it be rejected.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
S. C. R. 11, Requesting Division of Highways name bridge crossing Ohio River on Route
35, "The Silver Memorial Bridge",
And,
S. C. R. 15, Requesting Division of Highways name bridge on Route 33 East in Ripley,
"McGinley Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4271, Requiring all schools to permit students to self-administer asthma medication,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4271 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18-5-22b, relating to permitting public and private
school students to self-administer asthma medication when certain conditions are met; providing for
revocation of permission; limiting liability for injury; providing certain definitions; and providing
for state board rule.
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4271) will be placed on the
Consent Calendar.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 4297, Clarifying that the county board of education and its superintendent designate
the places where competency testing for service personnel will be held,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 4297 - "A Bill to amend and reenact §18A-4-8e of the code of West Virginia, 1931, as amended, relating to competency testing of service personnel; and clarifying that
county board of education and superintendent may designate places for testing,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4297) will be placed on the
Consent Calendar.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 4044, Establishing the maximum salary amounts of certain education officials,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4044 - "A Bill to amend and reenact §18-3-1 of the code of West
Virginia, 1931, as amended, relating to increasing the salary limit for the state superintendent's
position,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4044) to the Committee
on Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4044) will be placed on the
Consent Calendar.
Chairman Mezzatesta, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 4053, Changing the rate of compensation of members of the state board of education,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 4053 - "A Bill to amend and reenact §18-2-3 of the code of West
Virginia, 1931, as amended, relating to the compensation of members of the West Virginia board
of education,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4053) to the Committee
on Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4053) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4257, Increasing the amount of prizes that may be given in the conduct of charitable
raffles without a license,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4257 - "A Bill to amend and reenact §47-21-3 of the code of West
Virginia, 1931, as amended, relating to increasing the amount of prizes that may given and the total
annual gross proceeds that may be generated in the conduct of raffles by charitable and public service
organizations without a license,"
With the recommendation that the committee substitute do pass, and with the
recommendation that the second reference of the bill to the Committee on Finance be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4257) to the Committee
on Finance was abrogated.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4467, Relating to the payment of expert fees in child abuse and neglect cases,
And,
S. B. 449, Relating to elections generally,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 4467 and S. B. 449) will be placed on the
Consent Calendar.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on February 16, 2004, he approved S. B. 166.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 71 - "A Bill to amend and reenact §21-1B-1, §21-1B-2 and §21-1B-3
of the code of West Virginia, 1931, as amended, all relating to verifying legal employment status of
workers employed in West Virginia; defining 'unauthorized workers'; and permitting division of
labor permits as proof of employment"; which was referred to the Committee on Industry and Labor,
Economic Development and Small Business 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. 479 - "A Bill to amend and reenact §33-3-7 of the code of West Virginia, 1931, as
amended, relating to licensing foreign insurers; and exemption from certain other statutory
provisions"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 41 - "Affirming that religious tolerance is the official policy of the State of West
Virginia."
Whereas, The right to freedom of religion undergirds the very origin and existence of the
United States and the State of West Virginia; and
Whereas, Freedom of religious belief and practice is a universal human right and
fundamental freedom articulated in numerous international instruments, including the Universal
Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Helsinki
Accords, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief, the Charter of the United Nations and the European Convention for the
Protection of Human Rights and Fundamental Freedoms; and
Whereas, Governments have the responsibility to protect the fundamental rights of their
citizens and to pursue justice for all. Religious freedom is a fundamental right of every individual
regardless of race, sex, country, creed or nationality and should never be arbitrarily abridged by any
government; and
Whereas, The right to freedom of religion is under renewed and, in some cases, increasing
assault in many countries around the world; and
Whereas, Religious believers in many countries face such severe and violent forms of
religious persecution as detention, torture, beatings, forced marriage, rape, imprisonment,
enslavement, mass resettlement and death merely for the peaceful belief in, change of or practice of
their faith; and
Whereas, The Legislature denounces acts of religious persecution; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby affirms that religious tolerance is the official policy of the State
of West Virginia; and, be it
Further Resolved, That it is the policy of the State of West Virginia:
(1) To condemn violations of religious freedom and to promote and assist other governments
in the promotion of the fundamental right to freedom of religion; and
(2) To be vigorous and flexible, reflecting both the unwavering commitment of the United
States to religious freedom and the desire of the United States for the most effective and principled
response, in light of the range of violations of religious freedom by a variety of persecuting regimes
and the status of the relations of the United States with different nations; and
(3) To affirm and protect religious freedom in order to develop multilateral documents and
initiatives to combat violations of religious freedom and promote the right to religious freedom
abroad; and
(4) To stand for liberty and to stand with the persecuted, to use and implement appropriate
tools, including diplomatic, political, commercial, charitable, educational and cultural channels, to
promote respect for religious freedom by all governments and peoples.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 42 - "Requesting the Governor proclaim the fourth Friday of April, 2004, as
'Children's Memorial Flag Day' in the State of West Virginia."
Whereas, Tragic acts of violence against children are occurring with increasing frequency
throughout the State of West Virginia and the United States. These violent acts are destroying
innocent lives and devastating families and communities; and
Whereas, Too many of West Virginia's children have been lost in violent, preventable
deaths through guns, fire, automobile accidents, physical violence and suicide; and
Whereas, In celebration of life, diversity and hope for the future, the citizens of West
Virginia should condemn acts of violence committed against our children; and
Whereas, A Children's Memorial Flag has been obtained by the State of West Virginia and
should be flown on the fourth Friday of April, 2004, in remembrance of young lives lost in senseless
acts of violence; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor proclaim the fourth Friday of April, 2004,
as "Children's Memorial Flag Day" in the State of West Virginia; and, be it
Further Resolved, That the Children's Memorial Flag be flown on the fourth Friday of April,
2004, in remembrance of those young lives lost in senseless acts of violence; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Governor of the State of West Virginia.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Beach, Staton, Varner, Pino, Amores, Kominar,
Michael, Mahan, Mezzatesta, Beane and Warner offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 36 - "Requesting the Division of Highways to name the newly constructed bridge
over Dunkard Creek on Route 39 in the western end of Monongalia County the 'Robert C. "Bob"
Beach Memorial Bridge'."
Whereas, Robert C. "Bob" Beach came to West Virginia from a small mountain community in Boone, North Carolina, at the age of five; and
Whereas, Robert C. "Bob" Beach, spending much of his youth in the rural community of
Fort Martin, just north of Morgantown, West Virginia, attending local public schools, and both
Potomac State and West Virginia University, where he graduated in 1962 with a bachelor of science
degree in agricultural sciences; and
Whereas, After obtaining his degree, he found a teaching position in the small community
of Blacksville, West Virginia at Clay-Battlle High School where he taught for 35 years. He acquired
considerable recognition as a teacher, receiving the "Outstanding Contribution to Education" award
and "Who's Who Among American Teachers," to name a few; and
Whereas, Robert C. "Bob" Beach, as a function of his teaching role, also acted as advisor
to his much cherished Future Farmers of America chapter at Clay-Battlle, receiving both the state
Honorary Star FFA and honorary American FFA degrees, as well as the National Vocational
Agriculture Teacher of Teacher's silver star award; and
Whereas, In 1979, Robert C. "Bob" Beach settled in the community of Core, West Virginia,
along with his wife , Nancy Kay, and their six children, thus fulfilling a life-long dream to own his
own farm; and
Whereas, In 1990, Robert C. "Bob" Beach, desiring to enter political life and further serve
the residents of West Virginia, sought out and was appointed to the West Virginia House of
Delegates by then Governor Gaston Caperton, thereafter winning eight consecutive races for his 44th
delegate district seat; and
Whereas, Having been appointed to chair the House Committee on Agriculture, he assumed
that office while also serving as a member of the House Committee on Education and the Legislature Oversight Commission on Education Accountability; and
Whereas, Delegate Robert C. "Bob" Beach served as a member of the West Virginia House
of Delegates until his death in April, 1998; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the newly constructed
bridge over Dunkard Creek on Route 39 in the western end of Monongalia County the "Robert C.
'Bob' Beach Memorial Bridge" in tribute to a legislator, educator and farmer; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on
the bridge signs identifying it as the "Robert C. 'Bob' Beach Memorial Bridge;" and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
Resolution to the Secretary of the Department of Transportation.
Mr. Speaker, Mr. Kiss and Delegates Foster, Long, Perdue and Leach offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 37 - "Requesting the Joint Committee on Government and Finance to appoint a
select committee to conduct a study to determine the most appropriate mechanisms to reach the goal
of providing all citizens of the State of West Virginia with comprehensive, quality and affordable
health care."
Whereas, It is a goal of the Legislature to see that all citizens of the State have
comprehensive quality and affordable health care; and
Whereas, The cost of health care is growing at a faster rate than any other area of service;
and
Whereas, It is estimated that by the year 2008 a basic family health insurance policy in West Virginia may cost at least sixteen thousand dollars making it unaffordable for a majority of the
residents of the State; and
Whereas, The current health care system encourages cost shifting to the citizens who are
least able to afford the cost; and
Whereas, Twenty percent of the residents of West Virginia between nineteen and sixty-four
go without insurance at some time during the year; and
Whereas, Those that need these services the most have the largest economic, social and
educational barriers and are ultimately least able to access the health-care system; and
Whereas, The uninsured lose their health and die prematurely; and
Whereas, Uninsured children lose opportunity to develop normally and achieve
educationally due to medical conditions going untreated; and
Whereas, Families lose their peace of mind because they live with the uncertainty and
anxiety of the medical and financial consequences of a serious illness or injury; and
Whereas, Communities are at risk of losing health care capacity because high rates of
uninsured can cause hospitals to reduce services, health providers to move out of the community and
cuts in public health programs due to the burden of providing care to those who cannot pay; and
Whereas, Because the system is flawed and does not provide basic health care services to
all, the consequences include unnecessary visits to the emergency room, more serious disease
outcomes due to lack of early intervention and huge financial burdens to all the citizens 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 various mechanisms for reaching the goal that the Legislature has established to provide
comprehensive, quality and affordable health care to all of its citizens; and, be it
Further Resolved, That the committee shall report to the Legislature its findings, conclusions
and recommendations, together with drafts of any legislation necessary to effectuate its
recommendations, no later than the first day of January, two thousand five; and, be it
Further Resolved, That the expenses necessary to conduct the study and to prepare
appropriate reports, recommendations and proposed legislation be paid from legislative
appropriations to the Joint Committee on Government and Finance.
Petitions
Delegate Renner presented a resolution adopted by Fairmont City Council, supporting the
passage of a statewide container recycling legislation; which was referred to the Committee on the
Judiciary.
Delegate Webster presented a resolution adopted by Charleston City Council, supporting the
passage of a statewide container recycling legislation; which was referred to the Committee on the
Judiciary.
Delegate Talbott presented resolutions adopted by Webster Springs Main Street, Inc.,
Webster County Economic Development Authority, Webster County Association of Retired School
Employees, Holly River State Park Foundation, Inc., Northern Webster County Improvement
Council, Inc., Webster County Commission, and the Town of Addison, supporting the passage of
a statewide container recycling legislation; which was referred to the Committee on the Judiciary.
Delegate Warner presented a petition, signed by numerous residents of the State, supporting
the passage of a statewide container recycling legislation; which was referred to the Committee on the Judiciary.
Delegate Swartzmiller presented a petition, signed by three thousand residents of the State,
requesting a local option election to have racetrack table gaming in Hancock County; which was
referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4498 - "A Bill to amend and reenact §18-9D-3, §18-9D-15 and §18-9D-16 of the code
of West Virginia, 1931, as amended, all relating to the distribution of moneys by the school building
authority"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4499 - "A Bill to amend and reenact §61-5-29 of the code of West Virginia, 1931, as
amended, relating to failure to meet child support obligations; and penalties"; to the Committee on
the Judiciary.
By Delegates Beane, Webb, Trump and Staton:
H. B. 4500 - "A Bill to amend and reenact §44-5-4 of the code of West Virginia, 1931, as
amended, relating to who may be accepted as surety on a fiduciary bond"; to the Committee on the
Judiciary.
By Delegates Campbell, Boggs, Staton, Cann and Canterbury:
H. B. 4501 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9h, relating to creating exemptions from the consumers
sales and services tax for e-commerce vendors, computer hardware and software developers, internet
service companies, educational software, internet advertising and other e-commerce and high
technology companies"; to the Committee on Finance.
By Delegates Campbell, Staton, Boggs, Cann and Canterbury:
H. B. 4502 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9h, relating to creating exemptions from the consumers
sales and services tax for sales of computer hardware and software directly incorporated into
manufactured products, sales of electronic data processing services, sales of computer hardware and
software directly used in communication, sales of certain educational software to certain educational
and nonprofit institutions, and sales of internet advertising services, providing definitions"; to the
Committee on Finance
By Delegates Ellem, Anderson and Azinger:
H. B. 4503 - "A Bill to amend and reenact §49-7-1 of the code of West Virginia, 1931, as
amended, relating to releasing the name and identification of any juvenile adjudicated or convicted
of a crime to the victims towards whom said crime was committed"; to the Committee on the
Judiciary.
By Delegates Fleischauer, Perdue, Hrutkay, Amores, Caputo, Fragale and Iaquinta:
H. B. 4504 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-3-21, relating to providing that all employees have the right
to review and copy the contents of their personnel file"; to the Committee on the Judiciary.
By Delegates Foster, Perdue and Palumbo:
H. B. 4505 - "A Bill to amend and reenact §18-2-6a of the code of West Virginia, 1931, as
amended, relating to the sale of healthy beverages and soft drinks in schools; limiting the sale of soft
drinks; requiring that schools offer healthy beverages at a lower price than the price of soft drinks
and defining certain terms; and, requiring competitive bidding for contracts for the sale of healthy
beverages and soft drinks"; to the Committee on Education then Finance.
By Delegates Howard and Carmichael:
H. B. 4506 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2J-1, relating to providing that neither the state nor any county
may reimburse any person or entity for transporting any person to schedule, arrange or procure an
abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Howard, Sobonya and Sumner:
H. B. 4507 - "A Bill to amend and reenact §18-7B-8 of the code of West Virginia, 1931, as
amended, relating to providing the option for teachers who withdrew from the state teachers
retirement system in favor of the defined contribution retirement system, to exercise the option to
return to the state teachers retirement system"; to the Committee on Pensions and Retirement then
Finance.
By Delegates Long, Frederick and Caruth:
H. B. 4508 - "A Bill to amend and reenact §18B-1A-6 of the code of West Virginia, 1931,
as amended, relating to adding Glenville state college and Bluefield state college to those colleges
which may meet the need for graduate education in its region"; to the Committee on Education.
By Delegates Perdue, Border and Michael:
H. B. 4509 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-26, relating generally to prescriptions; prohibiting anyone
except a dispensing physician or a licensed pharmacy from acting as a pick-up or drop-off point or
intermediary for filling or delivering prescriptions; limiting prescription transmissions to only the
prescribing practitioner or the patient's relative or caretaker; and providing for a penalty"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Perdue, Paxton, Mahan, Boggs, Ashley and Hall:
H. B. 4510 - "A Bill to amend and reenact §11-5-1 of the code of West Virginia, 1931, as
amended, relating to personal property taxes; and exempting from personal property taxation the
equipment, inventory and raw materials of crafts people who have had their work evaluated and
accepted or juried and accepted by the West Virginia arts and crafts guild or by a similar
organization"; to the Committee on the Judiciary then Finance.
By Delegates Smirl, Caputo, Sobonya, Craig and Morgan:
H. B. 4511 - "A Bill to amend and reenact §62-11B-7a of the code of West Virginia, 1931,
as amended, relating to the supervisory authority of county sheriffs in the operation of home
incarceration programs within the various counties throughout the state"; to the Committee on the
Judiciary.
By Delegates Webb, Armstead and Walters:
H. B. 4512 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-22-27b; and to amend said code by adding thereto three new
sections, designated §29-22A-20, §29-22A-21 and §29-22A-22, all relating to requiring the lottery
commission to display or reference the 1-800-GAMBLER help-line in all advertising; creating a
gambling prevention fund to be used to educate youth and others about the dangers of gambling addiction; requiring the lottery commission to produce television advertising concerning the dangers
of gambling; requiring racetracks to display posters and provide brochures addressing the dangers
of obsessive gambling and gambling addiction; and requiring racetracks to provide orientation
materials to new employees concerning the dangers associated with obsessive gambling and
gambling addiction"; to the Committee on the Judiciary then Finance.
By Delegates Yeager, Talbott, Hrutkay and R. Thompson:
H. B. 4513 - "A Bill to amend and reenact §20-2-7 of the code of West Virginia, 1931, as
amended, relating to providing that persons may not be guilty of trespassing or hunting without
permission because the person unintentionally permits his or her dog to pursue an animal or wild
bird onto another person's land"; to the Committee on Agriculture and Natural Resources then the
Judiciary.
Consent Calendar
Third Reading
H. B. 4451, Clarifying that the economic development authority and tax commissioner are
authorized to require certain examination and compliance actions; on third reading, coming up in
regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 130), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Coleman, Ennis, Faircloth, Kuhn, Perry and Staton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4451) passed.
Delegate Varner moved that the bill (H. B. 4451) take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 132), and there were--yeas 94, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Coleman, Faircloth, Kuhn, Perry and Staton.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4451) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bill and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2914, Relating to the rehabilitation and liquidation of insurers subject
to the regulatory authority of the West Virginia insurance commissioner,
Com. Sub. for H. B. 4001, Ensuring safer schools and empowering teachers by automating
student suspension and expulsion data,
Com. Sub. for H. B. 4168, Requiring lenders to have the funds for mortgage loans available
at the appropriate time,
Com. Sub. for H. B. 4250, Providing good faith protection for licensed psychologists and
psychiatrists acting upon appointment by a court in child custody cases,
Com. Sub. for H. B. 4266, Requiring regulatory agencies of government, with exceptions,
to study ways to expedite the issuance of licenses, permits and certificates,
Com. Sub. for H. B. 4273, Changing the authority to appoint guardians of minors from the
county commission to the family court,
Com. Sub. for H. B. 4338, Providing for the issuance of special registration plates
promoting education and using the special fee for the registration plates to fund transportation for
school trips for academic purposes,
And,
H. B. 4478, Lengthening the time period which county boards are required to publish a
year-end financial statement.
The Clerk announced that, pursuant to House Rule 70a, Delegate Williams had requested
Com. Sub. for H. B. 4001 be removed from the Consent Calendar and be placed upon the House
Calendar, and at the further request of the same gentleman, and by unanimous consent, the rule was
suspended to permit the offering and consideration of an amendment on third reading.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested Com.
Sub. for H. B. 4168 and Com. Sub. for H. B. 4478 be removed from the Consent Calendar and be
placed upon the House Calendar.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for S. B. 258, Relating to enforcement of domestic violence protective orders
generally,
Com. Sub. for H. B. 4156, Providing the West Virginia state police with the ability to define
and draw DNA samples from convicted felons for the purpose of maintaining a DNA database,
And,
Com. Sub. for H. B. 4434, Expanding the possible venues where a child neglect or abuse petition may be filed.
Special Calendar
Third Reading
S. B. 448, Relating to higher education advisory boards generally; on third reading, coming
up in regular order, with a Committee amendment pending and the restricted right to amend, was
reported by the Clerk.
Delegates Caruth, Browning, Frederick, Long and Yeager moved to amend the Committee
amendment on page forty-five, section five, line twenty, by striking out the word "five" and inserting
in lieu thereof the word "seven".
On page sixty-six, section four, line two, by striking out subdivision "(36)" and inserting in
lieu thereof the following:
"(36) Jointly with the council, implement a policy whereby course credit earned at a
community and technical college may transfer for program credit at any other state institution of
higher education in accordance with regional and program accreditation guidelines; and".
On page one hundred twenty, section six, line nineteen, following the word "policy", by
inserting the words "and accreditation guidelines".
On page one hundred thirty-two, section six, line thirteen, by striking out all of subdivision
"(69)" and renumbering the remaining subdivisions accordingly.
On page one hundred thirty-three, section six, line five, by striking out all of subdivision
"(71)" and inserting in lieu thereof the following:
"(71) Jointly with the commission, implement a policy whereby any course credit earned at
a community and technical college transfers for credit at any other state institution of higher education" followed by a period.
On page one hundred sixty-seven, section eight, line two, by striking out the word "five" and
inserting in lieu thereof the word "seven".
On page one hundred sixty-eight, section eight, line fourteen, by striking out all of
subdivision "(1)" and inserting in lieu thereof the following:
"(1) New River community and technical college. - Bluefield state college shall continue all
existing nationally accredited associate degree programs in areas of particular institutional strength
which are closely articulated to their baccalaureate programs and missions or which are of a
high-cost nature and can best be provided through direct administration by Bluefield state college.
Except for the programs administered by Bluefield state college, any such program shall be delivered
under the authority of the council and through contract with the community and technical college.
The terms of the contract shall be approved by the council. Such a program shall be evaluated
according to the benchmarks and indicators for community and technical college education
developed by the council. If the council determines that the program is making insufficient progress
toward accomplishing the benchmarks, the program shall thereafter be delivered by the community
and technical college.
(A) There is created a multi-campus entity known as New River community and technical
college, administratively linked to Bluefield state college. The multi-campus community and
technical college is headquartered in the Beckley higher education center, and includes, but is not
limited to, Greenbrier community college center of New River community and technical college, and
Nicholas community college center of New River community and technical college. New River
community and technical college shall be an independently accredited community and technical college. The council shall accept the institutional board of governors of Bluefield state college as
the institutional board of governors for New River community and technical college.
(B) By the first day of July, two thousand five, New River community and technical college
and all sites within its revised service district shall be independently accredited. The president and
the board of governors of Bluefield state college are responsible for obtaining independent
accreditation of the community and technical college. If the multi-campus entity known as New
River community and technical college has not obtained independent accreditation by this date, the
council shall choose one of the following options:
(i) Create New River as a freestanding community and technical college; or
(ii) Assign the responsibility for obtaining independent accreditation to another state
institution of higher education.
(C) The president and the board of governors of Bluefield state college also are accountable
to the council for ensuring that the full range of community and technical college services is
available throughout the region and that New River community and technical college adheres to the
essential conditions pursuant to section three of this article.
(D) As an independently accredited community and technical college, New River also shall
serve as a higher education center for its region by brokering with other colleges, universities and
other providers, in-state and out-of-state, both public and private, to ensure the coordinated access
of students, employers, and other clients to needed programs and services.
(E) New River community and technical college shall participate in the planning and
development of a unified effort involving multiple providers to meet the documented education and
work force development needs in the region."
On page one hundred eighty-five, section twelve, line twelve, by striking out the words "a
schedule approved by the commission council" and inserting in lieu thereof the words "actual
operating costs of the sponsoring institution".
And,
On page one hundred eighty-five, section twelve, line fourteen, by striking out all of
paragraph "(A)" and inserting in lieu thereof the following:
"(A) By the first day of July, two thousand five, the sponsoring institution shall develop a
schedule of fees for services to be provided to administratively-linked community and technical
colleges. The fee schedule shall be based upon the actual operating costs for any service."
On the adoption of the amendment to the Committee amendment, Delegate Frederick
demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 133), and there were--yeas
36, nays 58, absent and not voting 6, with the yeas and absent and not voting being as follows:
Yeas: Armstead, Ashley, Azinger, Blair, Browning, Calvert, Carmichael, Caruth, Duke,
Ellem, Evans, Frederick, Frich, Hall, Hamilton, Howard, Leggett, Long, Louisos, Mahan,
Overington, Poling, Romine, Schadler, Schoen, Smirl, Sobonya, Spencer, Sumner, Susman, Trump,
Wakim, Walters, Webb, G. White and Yeager.
Absent And Not Voting: Brown, Coleman, Faircloth, Kuhn, Perry and Staton.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment to the Committee amendment was not adopted.
At the request of Delegate Mezzatesta, and by unanimous consent, the bill was again laid
over one day, with the Committee amendment pending.
Delegate Iaquinta noted to the Clerk that he would have voted "Yea" on the Renner, Caputo,
Manchin, Fragale, Iaquinta and Frich amendment to the Committee amendment to S. B. 448 on
yesterday.
Second Reading
Com. Sub. for H. B. 4282, Authorizing crossbow hunting for disabled persons; on second
reading, coming up in regular order was read a second time.
On motion of Delegate Yeager, the bill was amended on page fifteen, section forty-six-n, line
eight, following the word "compound", by inserting the word "or".
On line twenty-three, following the word "in", by striking out the word "the" and inserting
in lieu thereof the word "this".
And,
On line twenty-seven, following the word "pounds", by inserting the phrase "and a maximum
draw weight of two hundred pounds".
The bill was then ordered to engrossment and third reading.
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 4479, Continuing the department of health and human resources,
And,
H. B. 4480, Continuing West Virginia's participation in the interstate commission on the
Potomac River basin.
First Reading
Com. Sub. for H. B. 4364, Including division of forestry employees in the assault and battery statute with similar state personnel; on first reading, coming up in regular order, was read a first time
and ordered to second reading.
Leaves of Absence
At the request of Delegate Varner, and by unanimous consent, leaves of absence for the day
were granted Delegates Brown, Coleman, Faircloth, Kuhn, Perry and Staton.
Miscellaneous Business
Delegate Frich asked and obtained unanimous consent that the remarks of today by Delegate
Caruth as to his amendment to the Committee amendment to S. B. 448 and Bluefield State College
be printed in the Appendix to the Journal.
At 12:17 p.m., on motion of Delegate Varner, the House of Delegates adjourned until 11:00
a.m., Wednesday, February 18, 2004.