__________*__________
Thursday, February 26, 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 Wednesday, February 25, 2004, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
Conference Committee Report
Delegate Beane, from the Committee of Conference on matters of disagreement between the
two houses, as to
Com. Sub. for H. B. 4022, Creating "The All-Terrain Vehicle Safety Regulation Act",
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the Senate to Com. Sub. for H. B. 4022 having met, after full and free conference,
have agreed to recommend and do recommend to their respective houses, as follows:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new
chapter, designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-1-4, §17F-1-5, §17F-1-6, §17F-1-7, §17F-
1-8 and §17F-1-9, all to read as follows:
CHAPTER 17F. ALL-TERRAIN VEHICLES.
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.
§17F-1-1. Acts prohibited by operator; penalties for violations.
(a) No all-terrain vehicle may be operated in this state:
(1) On any interstate highway except by public safety personnel responding to emergencies;
(2) On any road or highway with a center line or more than two lanes except for the purpose
of crossing the road, street or highway, if:
(A) The crossing is made at an angle of approximately ninety degrees to the direction of the
highway and at a place where no obstruction prevents a quick and safe crossing;
(B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled
way of the highway;
(C) The operator yields his or her right-of-way to all oncoming traffic that constitutes an
immediate potential hazard; and
(D) Both the headlight and taillight are illuminated when the crossing is made if the vehicle
is so equipped;
(3) With more than one passenger unless more passengers are allowed under manufacturers'
recommendations;
(4) With a passenger under the age of eighteen, unless the operator has at a minimum a level
two intermediate driver's license or its equivalent or is eighteen years of age or older;
(5) Unless riders under the age of eighteen are wearing size appropriate protective helmets
that meet the current performance specifications established by the American national standards
institute standard, z 90.1, the United States department of transportation federal motor vehicle safety standard no. 218 or Snell safety standards for protective headgear for vehicle users;
(6) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;
(7) Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed
or equivalent muffler in proper working order and properly connected to the vehicle's exhaust
system; or
(8) Unless operating in compliance with the provisions of section two of this article.
(b) An all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of
operation to another, be operated upon the shoulder of any road, street or highway referred to in
subdivision (2), subsection (a) of this section, other than an interstate highway, for a distance not to
exceed ten miles, if:
(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(2) The vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle must be
equipped with headlights and taillights which must be illuminated.
(c) Operation of an all-terrain vehicle in accordance with subsection (b) shall not constitute
operation of a motor vehicle on a road or highway of this state as contemplated by the provisions of
section seven of this article.
(d) Notwithstanding any provision of this chapter to the contrary, a municipality, county or
other political subdivision of the state may authorize the operation of all-terrain vehicles on certain
specified roads, streets or highways which are marked with centerline pavement markings, other than
interstate highways, to allow participation in parades, exhibitions and other special events, in
emergencies or for specified purposes.
§17F-1-2. Safety awareness courses.
(a) On and after the first day of September, two thousand four, the commissioner of motor
vehicles shall offer a free all-terrain vehicle rider safety awareness course, and may approve other
all-terrain vehicle rider safety awareness courses, to meet the reasonably anticipated needs of the
public. The commissioner shall offer free safety awareness course materials to authorized dealers
of all-terrain vehicles for use by purchasers and potential purchasers free of charge.
(b) The commissioner shall issue certificates of completion to persons who satisfactorily
complete the requirements of an approved course. The commissioner may authorize a dealer of all-
terrain vehicles and other approved providers to issue the certificates of completion.
(c) On and after the first day of January, two thousand five, no person under the age of
eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider
awareness course as offered or approved by the commissioner.
(d) The provisions of subsection (c) of this section do not apply to the operation of an all-
terrain vehicle on any private or public recreational trail or area or affiliated trail or area operated by
an person or entity which has in place a safety program.
§17F-1-3. Local government authority to regulate.
Notwithstanding any provision of this article to the contrary:
(1) The governing body of a municipality may regulate in any manner or prohibit, by
lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue
within the municipal corporate limits.
(2) Homeowner associations may petition the county commission of the county in which the
area regulated by the homeowner association is located for an ordinance to regulate or prohibit the
operation of all-terrain vehicles upon any street, road or avenue within the area regulated by the homeowner association. County commissions are hereby authorized, upon receipt of a petition
authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the
operation of all-terrain vehicles.
(3) The county commission of any county which has in effect and is operating under a
countywide comprehensive plan may by lawfully enacted ordinance regulate or prohibit the operation
of all-terrain vehicles on any road in the county, except interstate highways: Provided, That any
county which enacts any such ordinance shall notify the West Virginia state police and all law-
enforcement agencies in the county of its action in writing, together with a copy of the ordinance.
§17F-1-4. All-terrain vehicle rental dealers required to provide safety equipment.
Any person or entity renting or leasing all-terrain vehicles for recreational purposes must
provide protective helmets as defined by the provisions of subdivision (5), subsection (a), section
one of this article, to all persons using such vehicles who are under the age of eighteen and offer
protective helmets to all persons eighteen and older using the rented or leased vehicles: Provided,
That for the provisions of this section to be applicable, the age and identity of the users of the all-
terrain vehicle must be disclosed to the person or entity providing the rented or leased vehicle.
§17F-1-5. Private property exemption.
Except as provided by the provisions of subdivisions (3), (4) and (5), subsection (a), section
one of this article, and except as provided by the provisions of section two of this article, the
provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned
or leased by the vehicle owner or on private lands of others with the owner's permission.
§17F-1-6. Exemption for farm, commercial use; current regulations.
(a) Except as provided by the provisions of subdivisions (4) and (5), subsection (a), section one, nothing in this article may be construed to preclude or limit the use or operation of all-terrain
vehicles for lawful nonrecreational commercial purposes, including, but not limited to, farm use, oil
and gas operations, timbering, surveying and public utilities access.
(b) Nothing in this chapter may be construed to supersede or contravene the provisions of
any agreement between the state of West Virginia and any private or governmental entity entered
into prior to the effective date of this chapter, or any lawfully promulgated legislative rule, including
any emergency legislative rule, regulating the operation of all-terrain vehicles.
§17F-1-7. Applicability of rules of operation.
(a) Every person operating an all-terrain vehicle upon a public road or highway of this state
shall be subject to all of the duties applicable to the driver of a vehicle by the provisions of chapter
seventeen-c of this code except where inconsistent with the provisions of this article and except as
to those provisions of chapter seventeen-c of this code which by their nature can have no application.
(b) Notwithstanding the provisions of subsection (a) of this section, a motor vehicle
operator's license is not required of an operator of an all-terrain vehicle when he or she is operating
said vehicle in conformity with the provisions of subdivision (2), subsection (a) or subsection (b),
section one of this chapter except when the operator is under the age of eighteen and is transporting
a passenger under the age of eighteen.
§17F-1-8. Criminal penalties.
(a) Except as provided in the provisions of subsection (b) of this section and in addition to
any other legal remedy for violation of civil or criminal provisions of this code, any person who
violates the provisions of this article or municipal or county ordinance enacted pursuant to the
provisions of section three of this article or who owns or has control over an all-terrain vehicle and knowingly permits it to be used in violation of the provisions of this article is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
(b) Any parent, legal guardian or person who has actual responsibility for a child under
eighteen years of age who knows or should have known the child is operating or is a passenger on
an all-terrain vehicle without a helmet as required by the provisions of section one of this article is
guilty of a misdemeanor and shall, upon conviction, be subject to the following penalties:
(1) For a first offense, a fine of not less than fifty dollars nor more than one hundred dollars
or not more than ten hours of community service, or both;
(2) For a second offense, a fine of not less than one hundred dollars nor more than two
hundred dollars or not more than twenty hours of community service, or both;
(3) For a third or subsequent offense, a fine of not less than two hundred dollars nor more
than five hundred dollars or not more than one hundred hours of community service, or both.
§17F-1-9. Definition of all-terrain vehicle.
As used in this chapter, "all-terrain vehicle" or "ATV" shall mean any motor vehicle, fifty-
two inches or less in width, having an unladen weight of eight hundred pounds or less, traveling on
three or more low pressure tires with a seat designed to be straddled by the rider, designed for or
capable of travel over unimproved terrain.
And,
That both houses recede from their respective positions as to the title of the bill and agree to
a new title, to read as follows:
Com. Sub. for H. B. 4022 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new chapter, designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-1-4, §17F-1-5, §17F-1-6, §17F-1-7, §17F-1-8 and §17F-1-9, all relating to the regulation of all-terrain vehicles
generally; prohibiting operation on interstate highways and on center-lined roads or roads with more
than two lanes; exceptions to prohibition; prohibiting operation with more than one passenger unless
allowed under manufacturers' specifications; prohibiting child passengers unless operator is an adult
or has a level two intermediate driver's license; requiring certain equipment; prohibiting riders under
the age of eighteen without a helmet; providing for criminal penalties for violations; requiring safety
awareness courses; creating exceptions; providing for regulation by local government authority;
requiring rental dealers to provide safety equipment; providing certain exemptions for use on private
property; providing exemption for farm and commercial use; and clarifying application of rules of
operation."
Respectfully submitted,
J. D. Beane, Chair Jeffrey V. Kessler, Chair
Joe Talbott, Mike Ross,
Timothy R. Ennis, Michael A. Oliverio, II,
Dale Manuel, C. Randy White,
Donald T. Caruth, J. Frank Deem,
Conferees on the part of Conferees on the part
the House of Delegates. of the Senate.
On motion of Delegate Beane, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 215), and there were--yeas
85, nays 12, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Boggs, Butcher, Ferrell, Hall, Hrutkay, Kuhn, Perdue, Stemple, Sumner, R.
Thompson, Tucker and Wright.
Absent And Not Voting: Brown, Coleman and Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4022) passed.
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. C. R. 26, Urging the County Commission of Jefferson County to take all reasonable steps
to save and preserve the historic Jefferson County Jail,
H. C. R. 32, Erecting a plaque dedicating the "Bowers Bridge", located at Mannington in
Marion County, to Herbert "Pete" Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and
Sam Hunter,
H. C. R. 25, Requesting the three branches of state government to cooperate and encourage
leaders of the state, county and municipal governments to identify and affirmatively address the
racial disparities in various areas of civil rights,
H. C. R. 27, Requesting the Division of Highways to name the bridge crossing the West
Fork River at Enterprise, the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells
Memorial Bridge",
H. R. 5, Acknowledging the establishment of a Civilian Conservation Corps Museum located
in Harrison County, West Virginia and honoring their contributions,
And,
S. C. R. 28, Requesting Division of Highways rename connection of Route 73 between
Fountain Place Mall and Mt. Gay "West Virginia POW-MIA Highway",
And reports the same back with the recommendation that they each be adopted.
At the request of Delegate Staton, and by unanimous consent, H. C. R. 25 was taken up for
immediate consideration.
The question now being on the adoption of the resolution, Delegate Webster demanded the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 216), 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: Brown, Coleman and Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. C. R. 25) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2717, Transferring the rule-making authority from the environmental quality board to
the water quality board,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
2717) was taken up for immediate consideration, read a first time, ordered to second reading and
then, in accordance with the former direction of the Speaker, referred to the Committee on the
Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Veterans Affairs
and Homeland Security and reported by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance), which was read by its title,
as follows:
By Delegates Hrutkay, Poling, Yeager, Butcher, Shaver, Tucker and Ashley:
H. B. 4628 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new chapter, designated §24G-1-1, §24G-1-2, §24G-1-3, §24G-1-4, §24G-1-5, §24G-1-6,
§24G-1-7, §24G-1-8, §24G-1-9 and §24G-1-10, all relating to expanding wireless infrastructure
within this state; legislative findings and purpose; definitions; wireless infrastructure council created;
council powers and duties; long term leases of state owned property authorized for construction,
placement and operation of wireless infrastructure; exemption from purchasing division
requirements; lease requirements; revolving fund created; deposits; fund use; and disbursements."
The Speaker then referred the bill to the Committee on Finance.
On motion for leave, a resolution was introduced (Originating in the Committee on
Agriculture and Natural Resources and reported with the recommendation that it be adopted, but that
it first be referred to the Committee on Rules), which was read by its title, as follows:
By Delegates Stemple, Boggs, Yeager, Beach, Crosier, DeLong, Long, Louisos, Manuel,
Paxton, Pethtel, Poling, Shaver, Swartzmiller, Tabb, R. Thompson, Williams, Evans,
Anderson, Border, Duke, Leggett, Overington, Romine and Schoen:
H. C. R. 55 - "Requesting the Joint Committee on Government and Finance to study whether
wild ginseng and cultivated ginseng should be regulated in the same manner."
Whereas, Native ginseng is an important wild plant in West Virginia harvested by over
fifteen thousand individuals; and
Whereas, The harvested wild ginseng generates several millions of dollars of income; and
Whereas, Wild ginseng is a threatened species subject to regulation by the U.S. Fish and
Wildlife Service and the West Virginia Division of Forestry; and
Whereas, Over the past few years, several landowners have begun cultivating ginseng in
the woods as a crop; and
Whereas, Cultivated ginseng is regulated in the same manner as wild ginseng; therefore,
be it,
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to
study whether wild ginseng and cultivated ginseng should be regulated in the same manner; and, be
it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2005, 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.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4149, Providing for the continuance of medical coverage for the spouse of a deceased
retired public employee for any period previously purchased with accumulated leave,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4149) was referred to
the Committee on Finance.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2725, Preventing a reduction in the annuity of a person who retires with disability
retirement at age sixty-five,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on
Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2725) was referred to
the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Pensions and
Retirement and reported by unanimous vote of the Committee, with the recommendation that it do
pass, but that it first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegates Campbell, Craig, Williams, Browning, Frederick, Hall and Duke:
H. B. 4668 - "A Bill to amend the code of West Virginia, 1932, as amended, by adding
thereto a new section, designated §5-10-22h; and to further amend said code by adding thereto a new
section, designated §18-7A-26t, all relating to providing a supplemental pension benefit to certain
retired members of the public employees retirement system and the teachers retirement system;
specifying mandatory condition precedent required for supplement; and eligibility to receive
supplement."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B.
4668) to the Committee on Finance was dispensed with.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 4668) will be placed on the Consent
Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4003, Adjusting the age for members of the West Virginia state police retirement
system,
And,
H. B. 4596, Allowing municipal police and fire pension plans to use the actuarial examination by the State in lieu of obtaining its own actuary,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that they each do pass, as amended, and with the recommendation that second
reference of the bills to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (H. B. 4003 and H. B. 4596) to the
Committee on Finance was abrogated.
Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted
the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4441, Expanding newborn screening by adding sickle cell anemia and adrenal
hypoplasia,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4441) was referred to
the Committee on Finance.
On motions for leave, concurrent resolutions were introduced (Originating in the Committee
on Health and Human Resources and reported with the recommendation that they each be adopted,
but that they first be referred to the Committee on Rules), which were read by their titles and referred
to the Committee on Rules, as follows:
By Delegates
Perdue, Hatfield, Brown, DeLong, Fleischauer, Foster, Iaquinta, Leach,
Mahan, Paxton, Spencer, Susman, Webster, Hrutkay, Yost, Ashley, Carmichael, Hall,
Howard, Schadler, Sobonya, Sumner and Wakim:
H. C. R. 53 - "Requesting the Joint Committee on Government and Finance to conduct a
study on fraudulent sales of durable medical equipment to West Virginia Seniors."
Whereas, Durable Medical Equipment (DME) is reusable medical equipment ordered by
a physician - i.e. power wheelchairs, walkers, hospital beds; and
Whereas, While the majority of DME providers are reputable, some providers use unethical
sales tactics thus committing fraud on seniors; and
Whereas, These unscrupulous providers use a variety of high pressure techniques in
obtaining medicare health insurance claim numbers and purchase agreements; and
Whereas, Currently, power wheelchair providers are examples of providers who may use
tactics and advertizing to create a need for these products - often advertising "free to the patient" or
"medicare may provide for you"; and
Whereas, These providers also prey on seniors by coming into their homes and making
them endure hours of high pressure sales techniques often not leaving until a purchase is made; and
Whereas, Seniors who succumb to these techniques purchase these products without
realizing the exact costs and services provided; and
Whereas, The West Virginia Legislature should look into enacting legislation that would
prevent DME providers from committing consumer fraud and manipulating the market of durable
medical equipment in an effort to protect the seniors in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to make a study
on deceptive sales techniques of durable medical equipment to West Virginia's senior; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, 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
draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
And,
By Delegates
Perdue, Hatfield, Brown, DeLong, Fleischauer, Foster, Iaquinta, Leach,
Mahan, Paxton, Spencer, Susman, Webster, Hrutkay, Yost, Ashley, Carmichael, Hall,
Howard, Schadler, Sobonya, Sumner and Wakim:
H. C. R. 54 - "Requesting the Joint Committee on Government and Finance to conduct a
study of the efficacy of collaborative pharmacy practice agreements between pharmacists and
physicians and whether patient safety and welfare would be promoted or enhanced by such
agreements."
Whereas, Many residents of West Virginia have limited access to health care, especially in
rural areas of the State; and
Whereas, There is a limited supply of health care professionals practicing in West Virginia,
thus facing an increased demand on the time and service of these practicing professionals; and
W
HEREAS
, Many West Virginians cannot afford health care; and
W
HEREAS
, The cost of health care, especially the cost of prescription drugs, continues to
increase; and
W
HEREAS
, The growth of available medications has led to a rapid expansion of drug related
problems; and
W
HEREAS
, Adverse drug reactions and treatment failures in the United States cost $121.5
billion in hospital admissions, $13.8 billion in physician office visits and over 200,000 deaths in
2000; and
Whereas, For every $1 spent on prescription drugs, $1.60 is spent resolving problems
associated with the use of prescription drugs; and
W
HEREAS
, Proper and appropriate use of prescription drugs can prevent unnecessary health
care services, reduce the cost of health care and improve patient outcomes; and
W
HEREAS
, Collaborative drug therapy management allows pharmacists and physicians to
work together to improve patient care and reduce health care expenditures; and
Whereas, Forty states currently permit pharmacists and physicians to enter into
collaborative agreements to improve patient care and reduce cost; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study
of the feasibility of allowing pharmacists and physicians to enter into collaborative agreements; and,
be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2005, 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.
Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4387, Requiring reporting by methadone clinics to the controlled substance monitoring
program and requiring the promulgation of emergency rules for methadone treatment centers,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4387) was referred to
the Committee on the Judiciary.
Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted
the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4412, Requiring the children's health insurance board to submit a modification of its
benefit plan,
And reports the same back, by unanimous vote of the Committee, with a title amendment,
with the recommendation that it do pass, as amended, but first be referred to the Committee on
Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4412) was referred to
the Committee on Finance.
Chairman Cann, from the Committee on Industry and Labor, Economic Development and
Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2272, Exempting certain start-up businesses from various state, county and municipal
taxes,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2272) was referred to
the Committee on Finance.
Chairman Cann, from the Committee on Industry and Labor, Economic Development and
Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had
under consideration:
H. B. 4381, Requiring payment of personal property taxes as a condition precedent to
receiving or maintaining a business registration certificate,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4381) was referred to
the Committee on the Judiciary.
Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted
the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4587, Including persons who are members or consultants to review organizations
within the definition of health care professionals for peer review purposes,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4587) to the Committee on the
Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 4587) will be placed on the Consent
Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4103, Eliminating any reduction in the benefit of a state police officer who is disabled
on the job when the officer attains the age of fifty-five,
And,
H. B. 4603, Providing that rights of deceased retired participants to interest is to be included
in the calculation of terminal benefits payable,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, and with the recommendation that second reference of the bills to the
Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (H. B. 4103 and H. B. 4603) 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 bills (H. B. 4103 and H. B. 4603) will be placed on the
Consent Calendar.
Chairman Campbell, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2132, Providing retirement service credit to teachers at private colleges and
universities,
And reports the same back, by unanimous vote of the Committee, with a title amendment,
with the recommendation that it do pass, as amended, 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 (H. B. 2132) 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 (H. B. 2132) will be placed on the Consent
Calendar.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4566, Allowing continued employment of a spouse of a newly elected county
commissioner with tenured service with a county agency to keep their job,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4566) was referred to
the Committee on the Judiciary.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Michael, Amores, Anderson, Ashley, Azinger, Beach,
Beane, Blair, Border, Brown, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Caruth,
Crosier, DeLong, Duke, Evans, Faircloth, Ferrell, Fleischauer, Fragale, Frederick, Frich, Hamilton,
Hartman, Hatfield, Houston, Hrutkay, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan,
Manchin, Manuel, Mezzatesta, Michael, Morgan, Palumbo, Paxton, Perry, Pethtel, Pino, Proudfoot,
Romine, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Staton, Stemple, Susman,
Swartzmiller, Tabb, Talbott, Tucker, Varner, Wakim, Walters, Warner, Webb, 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. 56 - "Requesting the Public Service Commission to study the current problems
associated with the delivery of water and sewer service, and to study the feasibility of delivering
water and sewer services by customer owned cooperatives."
Whereas, A significant number of West Virginia citizens remain without adequate water
or sewage facilities; and
Whereas, Water and sewer services are presently provided by public service districts,
municipalities and privately owned companies; and
Whereas, The availability of public funding operated entities, namely municipalities and
public service districts, are limited and the demand exceeds available funds; and
Whereas, The rates of private water systems have risen significantly in West Virginia where a significant portion of our citizens are on fixed or limited income; and
Whereas, The creation of privately owned water and sewer cooperatives may provide the
public with safe, high quality drinking water at affordable costs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests that the Public Service Commission study the current
problems associated with the delivery of water and sewer service, and to study the feasibility of
delivering water and sewer services by customer owned cooperatives; and, be it
Further Resolved, That the Legislature hereby requests the Public Service Commission to
study this issue in a manner it considers appropriate; and, be it
Further Resolved, That the Public Service Commission shall report back to the Legislature
no later than the first day of the regular session in 2005 as to the findings of the Public Service
Commission together with any recommendations that it may have concerning legislation.
Mr. Speaker, Mr. Kiss, and Delegates G. White, H. White and Stalnaker offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 57 - "Expressing the full support of the West Virginia Legislature for the Republic
of China on Taiwan to be permitted to appropriate and meaningful participation in activities of the
World Health Organization."
Whereas, The Republic of China on Taiwan's achievements in the field of health are
substantial, including one of the highest life expectancy levels in Asia, maternal and infant mortality
rates comparable to those of western countries, the eradication of the infectious diseases of cholera,
smallpox and the plague, and being the first Asian nation to eradicate polio and the first country in
the world to provide children with free hepatitis B vaccinations; and
Whereas, The United States Centers for Disease Control and Prevention and its Taiwanese
counterpart have enjoyed close collaboration on a wide range of public health issues; and
Whereas, In recent years Taiwan has expressed a willingness to financially and technically
assist the international aid and health activities supported by the World Health Organization; and
Whereas, Taiwan's population of 23 million people is larger than that of 75% of the World
Health Organization member states; and
Whereas, The United States, in the 1994 Taiwan Policy Review, declared its intention to
support Taiwan's participation in appropriate international organizations; and
Whereas, Taiwan's participation in the activities of the World Health Organization could
bring many benefits to the state of health not only in Taiwan but also regionally and globally;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia strongly urges that the Republic of China in Taiwan
be permitted to appropriate and meaningful participation in the activities of the World Health
Organization; and, be it
Further Resolved, That suitably prepared copies of this Resolution be sent to the President
of the United States, the West Virginia Congressional Delegation, the Representative of the Taipei
Economic and Cultural Office in Washington, D.C. and the World Health Organization.
Delegates Caputo, Manchin and Renner offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. C. R. 58 - "Requesting the Division of Highways to name the new Watson Bridge, over
the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the 'Jim Costello Memorial Bridge'."
Whereas, Jim Costello was born in Monongah, Marion County, June 26, 1923, one of seven
children, the son of John Costello, a coal miner and Amanda Dee Swisher Costello, a midwife, and
he passed away on June 7, 2002, leaving a wife, Evelyn Muto Costello, a daughter and son-in-law,
Diane and Marc Cervo, son and daughter-in-law, Pat and Jenni Costello, a sister, Margaret Biafore,
four grandchildren, Cara Hose and her husband, Steve Hose, Ryan, Brett and Jessica Costello; and
Whereas, Jim Costello served in the United States Navy during World War II and saw
action in the South Pacific Theater on a PT boat. He also worked as a coal miner and completed 35
years of service at the Owen-Illinois Glass Plant serving as president of Local Union No. 109; and
Whereas, Jim Costello served as a supervisor for the West Virginia Department of
Highways and during that time, he was instrumental in overseeing many projects for Marion County.
He oversaw the removal of the dangerous curve at Dakota and the replacement of the current Watson
Bridge structure in addition to many other highway projects; and
Whereas, Jim Costello was a strong Democrat and was involved with the Democratic Party
serving on the executive committee and as precinct captain. He was the Marion County coordinator
of several gubernatorial campaigns and was honored in 1997 as the Democrat of the year in Marion
County; and
Whereas, It is fitting that the Watson Bridge be named for this true West Virginian who
dedicated his life to improving Marion County and this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new Watson
Bridge over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Jim Costello Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the
bridge displaying the name "Jim Costello Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the Secretary of the Department of Transportation and to the family of Jim
Costello.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Manuel, Warner, Pino, Michael and Faircloth:
H. J. R. 110 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section 5, article III thereof, relating to deleting language to allow the division of
corrections to send convicted inmates out-of-state to serve their sentences; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegates Overington, Sumner, Anderson, Armstead, Ashley, Azinger, Blair, Border,
Calvert, Canterbury, Carmichael, Caruth, Duke, Ellem, Evans, Faircloth, Frich, Hall, Hamilton,
Howard, Louisos, Schadler, Schoen, Sobonya, Trump, Wakim, Walters and Webb offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 12 - "Amending the rules of the House of Delegates, relating to compelling a standing
committee to take up and report out a bill."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by adding thereto a new rule as follows:
Compelling Action on a Bill
82a. Upon delivery to a standing committee of a petition signed by ten delegates which
requests immediate action on a bill then before the committee, that committee and any standing
committee to which the bill may be referred to as a second or subsequent reference shall within a
total of no more than seven calendar days after the date of the petition take up the bill and report it
out with: (1) No recommendation; (2) a recommendation that it do pass; or (3) a recommendation
that it do not pass. No delegate may sign more than one compelling action petition during each year.
Within five calendar days after a bill is reported out of last referred standing committee under the
provisions of this rule, the committee on rules shall place the bill on the regular house calendar if
the special house calendar is not in effect and on the special calendar if it is in effect for
consideration by the house on the next legislative day. For the purpose of this rule, a legislative day
is a day in which the House of Delegates is in session.
Delegates Renner, Caputo and Manchin offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. R. 13 - "Commending and congratulating Ron Batson of Marion County, West Virginia's
Outstanding Tree Farmer for 2004."
Whereas, Ron Batson owns and manages a 425-acre tree farm in Marion County, West
Virginia; and
Whereas, Ron Batson was selected as West Virginia's Outstanding Tree Farmer for 2004
by West Virginia Tree Farm Committee and its state sponsor, the West Virginia Forestry
Association; and
Whereas, This outstanding tree farmer began his active campaign nine-years ago to
improve his property by using sound forest management practices and enrolling in the Tree Farm
Program; and
Whereas, Ron Batson performs forestry conservation practices such as timber harvesting,
cull tree removal and establishing wildlife food plots; and
Whereas, The Batson Tree Farm was reinspected and shown to be following specific forest
management objectives prepared and outlined by West Virginia Division of Forestery, service
forester, Juergen Wildman; and
Whereas, It is the policy of this Legislature to recognize and commend outstanding West
Virginians; therefore, be it
Resolved by the House of Delegates:
That we do hereby commend and congratulate Ron Batson of Marion County, West Virginia,
upon being selected as winner of West Virginia's "Outstanding Tree Farmer Award for 2004" by the
West Virginia Tree Farm Committee and the West Virginia Forestry Association and we extend to
Ron Batson our best wishes as he represents the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House is hereby directed to send a copy of this
resolution to Ron Batson.
Petitions
Delegates Manuel and Doyle presented a petition, signed by three hundred seventy-two
residents of Jefferson County, requesting that the right of way off Mission Road be improved to
allow for two way traffic from Mission Road to Route 643 in Virginia; which was referred to the
Committee on Roads and Transportation.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Fleischauer, Beach, Williams,
Mezzatesta and Poling:
H. B. 4629 - "A Bill to amend and reenact §18B-10-7 of the code of West Virginia, 1931,
as amended, relating generally to higher education; extension of tuition and fee waivers to include
spouses and children of national guard members, certified emergency attendants and emergency
medical service personnel killed while serving the state"; to the Committee on Education then
Finance.
By Delegate Beane:
H. B. 4630 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §51-11-1, relating to a bail bond forfeiture code, generally; issuing
an arrest warrant for nonappearing defendant; time period allowed surety to produce the defendant;
additional period for cause; when bail bond exonerated; penalties to fleeing defendant; and refunds
following forfeiture"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 4631 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §14-2A-30, relating to allowing awards under the crime victims
compensation program to be made to victims of identity theft"; to the Committee on the Judiciary
then Finance.
By Delegates Boggs, Swartzmiller and Hrutkay:
H. B. 4632 - "A Bill to amend and reenact §8-10-2 of the code of West Virginia, 1931, as
amended, relating to prescribing minimum standards for municipal judges; requiring criminal
background checks of persons applying for municipal judgeships; and requiring municipal judges
receive continuing legal training"; to the Committee on the Judiciary.
By Delegate Campbell:
H. B. 4633 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10-22h; and to amend said code by adding thereto a new
section, designated §18-7A-26t, all relating to the public employees retirement system and the
teachers retirement system; and providing a one-time supplement for certain annuitants under the
age of sixty-five years"; to the Committee on Finance
By Delegates Cann, Ennis, Swartzmiller, Stalnaker, Stemple, Craig and Kominar:
H. B. 4634 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-8-14, relating to requiring persons incarcerated in county or
regional jails who have been convicted of a misdemeanor to pay for the costs of his or her
incarceration; providing an exemption for indigent persons and requiring community service in
certain circumstances"; to the Committee on the Judiciary then Finance.
By Delegates Caruth, Ellem, Frich, Frederick and Long:
H. B. 4635 - "A Bill to amend the code of West Virginia, 1931, as amended by adding
thereto a new section, designated §33-11-4a, relating to limiting third party actions in unfair trade
practices suits against insurers, their employees, representatives and agents"; to the Committee on
the Judiciary.
By Delegate Ellem:
H. B. 4636 - "
A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-10-24, relating to prohibiting the distribution of RU-486 by
any administrator, employee or other official of the college or university; and providing a penalty
for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Fleischauer, Hatfield, Mahan, Hrutkay, Fragale, Susman and Brown:
H. B. 4637 - "A Bill to amend the code of West Virginia, 1931, as amended by adding
thereto a new article, designated §16-42-1, §16-42-2, §16-42-3 and §16-42-4, all relating to
establishing the 'West Virginia Prescription Drug Ethical Marketing Act' "; to the Committee on the
Judiciary.
By Delegate Frich:
H. B. 4638 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to prohibiting abortions in cases when a fetus
is capable of survival outside the mother's womb; prescribing criminal penalties for violations of the
section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Howard, Craig and Sobonya:
H. B. 4639 - "A Bill to amend and reenact §10-1-12 of the code of West Virginia, 1931, as
amended, relating to increasing the size of the library commission to ten members; and requiring that
one member of the library commission be a blind person"; to the Committee on Government
Organization.
By Delegate Mahan:
H. B. 4640 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §20-2D-1, §20-2D-2, §20-2D-3, §20-2D-4, §20-2D-5, §20-2D-6 and §20-2D-7, all relating to wildlife rehabilitation; definitions; qualifications for wildlife
rehabilitators; duties of rehabilitators; and revocation of licenses"; to the Committee on Government
Organization.
By Delegates Michael, Leach, Long, Kominar, Foster, Beane and Perdue:
H. B. 4641 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6,
§30-7B-7, §30-7B-8, §30-7B-9, §30-7B-10, §30-7B-11 and §30-7B-12, all relating to the
certification of dialysis technicians by the board of professional nursing, including all qualifications,
the application process, fees, board responsibilities, training program approval, authorized activities,
disciplinary grounds and criminal penalties for prohibited acts"; to the Committee on Government
Organization then Finance.
By Delegates Stalnaker, Mezzatesta and Michael:
H. B. 4642 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §8-12-5e, relating to restricting political subdivisions of the state
from conducting businesses selling tangible personal property in competition with private
enterprises"; to the Committee on the Judiciary.
By Delegate Talbott:
H. B. 4643 - "A Bill to amend and reenact §17C-15-26 of the code of West Virginia, 1931,
as amended, relating to authorizing the use of flashing white lights as auxiliary lights on emergency
vehicles"; to the Committee on the Judiciary.
By Delegates R. Thompson, G. White, Swartzmiller, Ennis, Fleischauer and Caputo:
H. B. 4644 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5A-3-37b and §5A-3-37c, all relating to prohibiting foreign
professional service contracts with the state; creating the 'Keep Jobs In West Virginia Act'; declaring
that state officials do not have authority to bind the state under the government procurement rules
of an international trade agreement; providing the state is not bound by the government procurement
rules of any international trade agreement; requiring the state attorney general to notify the United
States Trade Representative as well as the Congress of this state's position not to be bound by the
government procurement rules of any international trade agreements; prohibiting the state to enter
into foreign procurement contracts; and setting forth an effective date for the proposed legislation";
to the Committee on the Judiciary then Finance.
By Delegates R. Thompson, G. White, Swartzmiller, Ennis, Fleischauer, Webb and
Caputo:
H. B. 4645 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto two new sections, designated §5A-3-37b and §5A-3-37c, all relating to creating the 'Job
Preservation Act of 2004'; providing companies that lose one hundred or more employees due to
outsourcing of jobs are ineligible to enter procurement contracts with the state or local governments
or receive government grants; requiring certain companies that lose one hundred or more employees
to notify the department of labor about the loss; requiring the department to send a survey to
companies that report the loss of one hundred or more employees in order to determine the number
of employees lost because of outsourcing jobs outside of the United States; and requiring the
department to provide written notice to state agencies and local governments"; to the Committee on
Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Trump, Border and Blair:
H. B. 4646 - "A Bill to amend and reenact §23-5-9 of the code of West Virginia, 1931, as
amended, relating to payment of mediators appointed by the office of judges of the workers'
compensation commission and providing that in certain cases one-half the expenses and fees of the
mediator shall be withheld from the claimants benefits"; to the Committee on the Judiciary.
By Delegates Webster, Spencer, Foster, Palumbo, Hatfield, Amores and Brown:
H. B. 4647 - "A Bill to amend and reenact §31-15-2 and §31-15-3 of the code of West
Virginia, 1931, as amended, relating to providing a procedure for the economic development
authority to address employment and economic development problems of minority populations of
this state"; to the Committee on Government Organization then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Frederick, Staton, Kominar, Caruth,
Browning and Yeager:
H. B. 4648 - "A Bill to amend and reenact §11-13A-3 of the code of West Virginia, 1931,
as amended, relating to severance taxes generally; and providing that the reduced tax rate applies to
underground mines producing coal from seams of less than thirty-two inches"; to the Committee on
Finance.
By Delegates Amores, Fleischauer, Craig and Schadler:
H. B. 4649 - "A Bill to amend and reenact §49-5D-2,§49-5D-3 and §49-5D-3a of the code
of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated
§49-10-1, §49-10-2, §49-10-3, §49-10-4, §49-10-5, §49-10-6 and §49-10-7, all relating to child
welfare; providing for a child advocacy center participation in multidisciplinary investigative teams;
providing for uniform comprehensive assessments of children; preference to instate placement;
including in team, court-appointed special advocate when available; requiring team preference of instate placement; requiring court preference of instate placement; establishing child welfare
oversight panel; providing purpose of panel; establishing membership requirements; establishing
duties of the panel; requiring annual reporting; directing department of health and human resources
participation in panel; providing for confidentiality of panel proceedings and recordings and
exceptions and limitations thereon; and providing limited immunity to persons participating in panel
activities"; to the Committee on the Judiciary.
By Delegates Border, Long, Foster, Perdue, Leach and Hatfield:
H. B. 4650 - "A Bill to amend and reenact §20-2-46e of the code of West Virginia, 1931,
as amended, relating to including persons diagnosed with disability of a major body system with an
accompanying degree of severity as rated under social security disability guidelines, in conjunction
with other statutory criteria that must be met by these persons, for the purpose of determining
eligibility to obtain a Class Q special resident hunting permit for disabled persons"; to the Committee
on Agriculture and Natural Resources then Finance.
By Delegates Caruth, R. M. Thompson, Frederick, Trump, Kominar, H. White and
Armstead:
H. B. 4651 - "A Bill to amend and reenact §21A-6-3 of the code of West Virginia, 1931, as
amended, relating to providing that an individual who provides notice of future voluntary
resignation, but is required to leave his or her employment prior to the prospective resignation date,
remains qualified for unemployment benefits from the time the notice is given to the employer until
the end of the notice period, or thirty days, whichever period is shorter"; to the Committee on the
Judiciary.
By Delegates Fleischauer, Hatfield, Hrutkay, Beach, Houston, Foster and Perdue:
H. B. 4652 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-4A-5a, relating to requiring dentists that administer general
anesthesia to pediatric patients to comply with certain requirements regarding personnel, operating
facilities, equipment, monitoring procedures, recovery and discharge"; to the Committee on the
Judiciary.
By Delegate Mahan:
H. B. 4653 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-2-23g, relating to conducting a study of the upper area New
River; opening the area to permit for float trips and bateau style boats; and economic development";
to the Committee on the Judiciary.
By Delegates Manuel and Tabb:
H. B. 4654 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §6-3-8, relating to authorizing the sheriff and any deputy sheriff
of a county to enforce traffic laws within homeowners' association or subdivision property, upon
receipt of a petition by the homeowners' association or subdivision; to authorize a civil penalty only
with no points assessed against a persons driver's license; and directing the proceeds from
enforcement to the county's parks and recreation commission"; to the Committee on the Judiciary.
By Delegates Michael, Cann, Foster, Leach, Stalnaker, Boggs and Proudfoot:
H. B. 4655 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-16B-10, relating to subrogation rights of the children's health
insurance plan"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Morgan, Craig, Leach, Smirl, Sobonya and Howard:
H. B. 4656 - "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 tangible personal property, parts, materials, apparatus and
equipment to be directly incorporated into the initial construction or installation of a qualified
amusement ride that is directly sold or leased to a qualified operator of a qualified amusement park
located in this state; for leases of qualified amusement rides that are directly leased to a qualified
operator of a qualified amusement park located in this state; and for sales of qualified amusement
ride design and engineering services that are directly sold to a qualified operator of a qualified
amusement park located in this state; and providing definitions"; to the Committee on Finance.
By Delegates Palumbo, Houston, Kominar, Foster, Amores and Howard:
H. B. 4657 - "A Bill to amend and reenact §23-2-1 of the code of West Virginia, 1931, as
amended, relating to providing that certain persons who are members of a limited liability company
solely as an investors in the company are not employees for whom workers' compensation premiums
are paid"; to the Committee on the Judiciary then Finance.
By Delegates Stemple and Faircloth:
H. B. 4658 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §55-7-21, relating to defense of self, others and property; and
providing limited immunity from civil liability"; to the Committee on the Judiciary.
By Delegates Walters, Morgan and Armstead:
H. B. 4659 - "A Bill to amend and reenact §5A-3-37 of the code of West Virginia, 1931, as
amended, relating to creating a vendor preference for state purchasing and purchases by political
subdivisions of the state in corporations that maintain their principle places of business in West Virginia and receive over fifty percent of their revenues in this state"; to the Committee on
Government Organization then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Staton and Frederick:
H. B. 4660 - "A Bill to amend and reenact §5-3-5 of the code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §5-3-6, providing for
the disposition of funds or assets recovered in a legal action or settlement by or on behalf of the
general public, the state or its officers, agencies or political subdivisions"; to the Committee on
Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Staton, and Frederick:
H. B. 4661 - "A Bill to amend and reenact §5-3-1 and §5-3-2 of the code of West Virginia,
1931, as amended, all relating to the attorney general and others providing legal services upon
request of officers, agencies or political subdivisions"; to the Committee on Finance.
By Delegates Armstead, Walters, Webb and Calvert:
H. B. 4662 - "A Bill to amend and reenact §17-3-6 of the code of West Virginia, 1931, as
amended, relating to requiring the division of highways to grant priority to roadway construction,
reconstruction and maintenance for roadways prone to recurring floods that hinder ingress and egress
to and from residential areas, schools and downtown districts, and that hinder access by emergency
response vehicles"; to the Committee on Finance.
By Delegate Azinger:
H. B. 4663 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-5B-14, relating to requiring abortion facilities to have certain
written policies and procedures"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Evans:
H. B. 4664 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-5B-13a, relating to hospitals and similar institutions; and
requiring any facility that performs abortions to maintain a quality assurance program"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegate Webb:
H. B. 4665 - "A Bill to amend and reenact §51-2A-6 of the code of West Virginia, 1931, as
amended, relating to increasing the secretary-clerk annual salary from twenty-five thousand three
hundred thirty-two dollars to thirty thousand three hundred thirty-two dollars"; to the Committee on
the Judiciary then Finance.
By Delegate Webb:
H. B. 4666 - "A Bill to amend and reenact §51-2A-2 of the code of West Virginia, 1931, as
amended, relating to providing visitations between half-siblings and step-siblings"; to the Committee
on the Judiciary.
By Delegates Webster, Spencer, Foster, Palumbo, Hatfield, Amores and Brown:
H. B. 4667 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §31-15-23a, relating to providing a special fund for the economic
development authority to address employment and economic development problems of minority
populations of this state"; to the Committee on Government Organization then Finance.
Consent Calendar
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 4252, Allowing the purchase of up to four years of CETA time in the teachers
retirement system,
H. B. 4280, Making available to retired participants in PEIA the optional dental, vision, and
audiology and hearing-aid services insurance plans that are available to current participants,
H. B. 4339, Clarifying the imposition of consumers sales and service tax on purchases made
by providers of professional or personal services,
H. B. 4403, Repealing the requirement of affidavits acknowledging receipt of compensation,
And,
H. B. 4500, Permitting attorneys to act as surety on a fiduciary bond if they are not
representing a participant in the estate or trust.
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 H. B. 2366, Requiring health benefit plans to issue uniform prescription drug
information cards or technology,
And,
Com. Sub. for H. B. 2423, Awarding high school diplomas to certain veterans.
Com. Sub. for H. B. 3118, Increasing the salary of public service district board members;
on first reading, coming up in regular order, was reported by the Clerk.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested Com. Sub. for H. B. 3118 be removed from the Consent Calendar and be placed upon the House Calendar.
Com. Sub. for H. B. 4018, Authorizing the issuance of grant waivers to sparsely populated
counties for relief from the ratio limitations on state funding of professional educators; on first
reading, coming up in regular order, was reported by the Clerk.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested Com.
Sub. for H. B. 4018 be removed from the Consent Calendar and be placed upon the House Calendar.
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 H. B. 4027, Establishing a voluntary environmental excellence program,
H. B. 4158, Providing a procedure for removing property from the state's inventory of
removable property,
Com. Sub. for H. B. 4193, DEP - Waste Management, hazardous waste management rule,
Com. Sub. for H. B. 4211, Highways, use of state road rights-of-way and adjacent areas,
Com. Sub. for H. B. 4291, Continuing education requirements for licensed healthcare
professionals on the subject of end-of-life care training,
Com. Sub. for H. B. 4334, Creating the joint commission on technology and advanced
communications,
Com. Sub. for H. B. 4379, Changing the representation of the board of registered
professional nurses,
Com. Sub. for H. B. 4388, Creating new misdemeanor and felony offenses and associated
penalties related to the possession, creation and use of original, duplicated, altered or counterfeit
retail sales receipts and universal product code labels with the intent to defraud,
Com. Sub. for H. B. 4501, Creating exemptions from the consumers sales and services tax
for e-commerce vendors and other high technology businesses,
Com. Sub. for H. B. 4517, Finding and declaring certain claims against the state and its
agencies to be moral obligations of the state and directing the auditor to issue warrants for the
payment thereof,
H. B. 4557, Deleting the specified year of the funding appropriated to provide the pay equity
adjustment,
Com. Sub. for H. B. 4559, Providing urban mass transportation authorities expanded
competitive procurement procedures for the purchase of supplies, equipment and materials,
H. B. 4560, Requiring that firefighters and security guards employed by the adjutant general
of the national guard be members of the national guard,
H. B. 4576, Creating a voluntary checkoff on state income tax returns to donate refunds to
family literacy program,
H. B. 4622, Repealing the section of the code relating to the exemption of lottery prizes from
taxation,
H. B. 4623, Repealing the section of the code relating to expenditure of excess in collections
upon approval of governor,
And,
H. B. 4624, Relating generally to tax increment financing.
H. B. 4625, Authorizing the tourism commission the use of the tourism promotion fund to
support the 2004 Pete Dye West Virginia Classic; on first reading, coming up in regular order, was
reported by the Clerk.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested H.
B. 4625 be removed from the Consent Calendar and be placed upon the House Calendar.
H. B. 4627, Honoring academic performance of West Virginians graduating from U.S.
military academies; on first reading, coming up in regular order, was read a first time and ordered
to second reading.
Special Calendar
Unfinished Business
Com. Sub. for H. C. R. 24, Requesting the prohibition of remote control locomotive
technology in switching operations until such time as a thorough, risk assessment study of remote
control locomotive operations can be completed; 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. 39, Requesting a study of the economic feasibility and beneficial effect of
establishing a state-wide thoroughbred racing breeders program at the state's two horse racing
facilities; 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. B. 4117, Requiring medical providers to furnish patients copies of medical
reports without prepayment and to furnish copies of bills without cost; 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. 217), 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: Brown, Coleman and Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4117) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4298, Providing that retiring municipal police officers may keep their service revolver;
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. 218), 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: Brown, Coleman and Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4298) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4449, Allowing both residents and nonresidents to apply for and obtain a Class Q
permit for disabled persons; 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. 219), 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: Brown, Coleman and Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4449) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4552, Relating to grounds for the revocation of teacher certificates; 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. 220), 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: Brown, Coleman and Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4552) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4553, Relating to standards for awarding certificates to teach in the public schools; 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. 221), 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: Brown, Coleman and Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4553) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 222), 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: Brown, Coleman and Ennis.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4553) 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.
H. B. 4554, Relating to the rights, privileges and benefits of substitute service personnel
employed to fill vacancies created by leaves of absence; 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. 223), 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: Brown, Coleman and Ennis.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4554) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 224), 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: Brown, Coleman and Ennis.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4554) 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.
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. 4031, Increasing the salaries of supreme court of justices, circuit court
judges and family court judges,
H. B. 4107, Allowing licensees of charitable bingo and raffle games to transfer game
proceeds between their bingo and raffle operations,
And,
Com. Sub. for H. B. 4166, Removing the description requirements in deeds for easements
and rights-of-way for mineral leases.
H. B. 4601, Relating to public education generally; on second reading, coming up in regular
order, was read a second time.
At the request of Delegate Staton, and by unanimous consent, the bill (H. B. 4601) was
advanced to third reading, and the rule was suspended to permit the offering and consideration of
amendments to the bill on that reading.
First Reading
Com. Sub. for H. J. R. 2, Pet Animal Neutering and Spaying Amendment; on first reading,
coming up in regular order, was read a first time and ordered to second reading.
H. J. R. 108, Survivors' Education Amendment; on first reading, coming up in regular order,
was read a first time and ordered to second 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 H. B. 4005, Creating a special revenue fund for the operation of the education and state employees grievance board,
Com. Sub. for H. B. 4067, Modifying and updating auctioneer licensing requirements, fees
and continuing education,
Com. Sub. for H. B. 4342, Exempting prescription drugs and insulin from the consumers
sales tax when sold to patients,
And,
Com. Sub. for H. B. 4574, Providing a funding in personal finance for secondary school
students.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Brown, Coleman and Ennis.
Miscellaneous Business
Delegate Armstead asked and obtained unanimous consent that the remarks of Delegate
Calvert be printed in the Appendix to the Journal.
Delegates Perdue and Ferrell announced that they were absent on Wednesday, February 25,
2004 when the votes were taken on Roll Nos. 191 through 214, and that had they been present, they
would have voted "Yea" thereon.
At 12:51 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00
a.m., Friday, February 27, 2004.