__________*__________
Thursday, March 4, 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, March 3, 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 Delegates Amores, Anderson, Armstead, Ashley, Azinger, Beach,
Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell, Cann, Canterbury,
Carmichael, Caruth, Craig, Crosier, DeLong, Duke, Ellem, Ennis, Evans, Faircloth, Ferrell, Foster,
Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Iaquinta,
Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan, Manuel, Martin, Mezzatesta, Michael,
Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Renner,
Romine, Schadler, Schoen, Shaver, Shelton, Smirl, Sobonya, Spencer, Stalnaker, Staton, Stemple,
Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker,
Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H. White, Williams, Wright, Yeager
and Yost offered the following resolution, which was read by the Clerk, as follows:
H. C. R. 73 - "Designating Thursday, March 4, 2004, as 'Friends of Coal Day' at the State
Capitol."
Whereas, Since the formation of this state during the Civil War, there has been one
constant, basic and essential industry that has fueled this state's economy, supported this nation
through two world wars and other international conflicts and stands ready today to help this country
become energy self sufficient and that industry is coal; and
Whereas, The extraction of coal from the hills, mines and valleys of this state has been an
integral part of the social and economic life of millions of West Virginians; and
Whereas, Coal miners and their families represent a proud heritage of courage, strength of
character and quiet confidence that has the respect and admiration of all West Virginians; and
Whereas, The economic vitality of the coal industry is critically important to the future well-
being of West Virginia and its citizens; and
Whereas, The "Friends of Coal" is a grassroots organization involving thousands of West
Virginians, as well as citizens of other states who are working diligently to ensure the future of West
Virginia through a vibrant, essential and productive coal industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby declares Thursday, March 4, 2004, as "Friends of Coal Day" at
the state capitol; and, be it
Further Resolved, That all West Virginians are encouraged to celebrate March 4, 2004, as
"Friends of Coal Day" at the state capitol; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the Governor and the members of West Virginia's delegation in Congress.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. C. R. 73) 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. C. R. 44, Requesting the West Virginia Legislature to review, examine and study the
feasibility and benefits of conducting classes for grades seven through twelve in the constitutions of
the State of West Virginia and the United States,
H. C. R. 51, Directing the joint committee on government and finance to make a study on
the regulation of athletic and other extracurricular activities by the Secondary School Activities
Commission,
And,
H. C. R. 55, Requesting a study whether wild ginseng and cultivated ginseng should be
regulated in the same manner,
And reports the same back with the recommendation that they each be adopted.
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. 52, Requesting a study on the State's water quality standards,
H. C. R. 54, Requesting a study of the efficacy of collaborative pharmacy practice
agreements between pharmacists and physicians,
H. C. R. 56, Requesting a study on the current problems associated with the delivery of water
and sewer services,
H. C. R. 59, Requesting a study the feasibility of utilizing juvenile detention centers at
various locations across the state of West Virginia for the purpose of providing alternative education
opportunities,
And,
S. C. R. 42, Requesting Governor proclaim fourth Friday of April, 2004, "Children's Memorial Flag Day",
And reports the same back with the recommendation that they each be adopted.
On motion for leave, a resolution was introduced (Originating in the Committee on Rules and
reported with the recommendation that it be adopted), which was read by its title as follows:
H. C. R. 76 - "Designating May 1, 2004, as 'Hampshire County Day' in recognition of the
250th anniversary of the founding of Hampshire County."
Whereas, In May, 1754, Hampshire County was officially formed and the first shots were
fired that would begin the French and Indian War; and
Whereas, Hampshire County's importance as a gateway to the developing west made it a
target for the enemy attacks during the war; and
Whereas, It was because of this that Colonel George Washington, Commander of the
Virginia Regiment, built a chain of forts in Hampshire County as the northern bulwark of his western
line of defense; and
Whereas, Not even the ravages of war could stop the advance of settlers into the fertile
valleys of Hampshire County; and
Whereas, The number of settlers continued to increase which led to the establishment of
Hardy County in 1786 and Pendleton County and 1788; and
Whereas, During the Civil War, Hampshire County was again ravaged by war; and
Whereas, Because of its strategic location, there were many troop movements through
Hampshire County and the city of Romney - the county seat of Hampshire County which is said to
have changed hands 56 times during the Civil War; and
Whereas, The Civil War left Hampshire County severely wounded and its citizens nearly
destitute but once again the people of Hampshire County rebuilt their homes and communities and
looked forward to a bright future; and
Whereas, This year marks the 250th anniversary of the founding of Hampshire County,
West Virginia's oldest county; and
Whereas, We should use this time to recall the heroic sacrifice of the countless men and
women who came to Hampshire County to make a new life and to those who followed after them
through times of war and testing; and
Whereas, The cost our forefathers paid to protect the treasure of the quiet, fertile valleys and
age-old forested mountains of Hampshire County for future generations should not go unnoticed;
therefore, be it
Resolved by the West Virginia Legislature:
That May 1, 2004, shall be designated as "Hampshire County Day" in recognition of the 250th
anniversary of the founding of Hampshire County; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the Governor and members of the Hampshire County Commission.
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. 6, Naming the bridge located at Howell's Mill near Ona, WV, the Rimmer-White
Bridge.
And reports the same back with the recommendation that it be adopted.
Chairman Spencer, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 3rd
day of March, 2004, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 524), Relating to council for community and technical college education and
PROMISE scholarship board of control,
(H. B. 4011), Bringing the West Virginia personal income tax act into conformity with the
federal income tax,
(Com. Sub. for H. B. 4022), Creating "The All-Terrain Vehicle Safety Regulation Act",
(H. B. 4132), Relating to the West Virginia guaranteed work force program,
And,
(H. B. 4308), Providing immunity from civil damages to workers who in good faith provides
services or materials, without remuneration, to build or install certain universal accessibility features
in accordance with applicable state and federal laws
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 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".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 36, Naming the newly constructed bridge over Dunkard Creek on Route 39 in the
western end of Monongalia County, the "Robert C. 'Bob' Beach Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 40, Naming the bridge on Route 28 near Romney, Hampshire County, the "John
Blue Bridge".
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. 22 - "A Bill to amend and reenact §17B-1-1 of the code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated
§17C-1-67; and to amend and reenact §17C-5A-3a of said code, all relating to defining the term
'conviction'; and requiring mandatory participation in the motor vehicle alcohol test and lock
program for repeat offenders"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 31 - "A Bill to amend and reenact §20-2-7 of the code of West Virginia,
1931, as amended, relating to hunting with dogs; and 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"; which was referred to the Committee
on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 58 - "A Bill to amend and reenact §25-5-1, §25-5-2, §25-5-4, §25-5-5,
§25-5-8, §25-5-11, §25-5-12, §25-5-15, §25-5-19 and §25-5-20 of the code of West Virginia, 1931,
as amended, all relating to commercial prisons; setting forth legislative findings; requiring the
commissioner to annually make recommendations on whether to continue prison vendors' contracts;
providing that the secretary of the department of military affairs and public safety may renew prison
vendor contracts annually; providing for certain restrictions concerning offender characteristics
relative to the kinds of offenders that may be incarcerated in commercial facilities; reducing the
amount of time that a contractor has to abate a violation; prescribing the number of commissioner's
representatives that may be employed at each commercial facility for monitoring purposes;
increasing bonding requirements for contractors; requiring background checks for employees at commercial facilities; and requiring contractors to be responsible for certain costs"; which was
referred to the Committee on Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 121 - "A Bill to amend and reenact §12-6-9c and §12-6-12 of the code
of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §12-6-18, all relating to the investment powers of the investment management board;
removing certain requirements regarding investments in the securities of or any interest in any
investment company or investment trust under the investment company act of 1940; increasing the
percentage of investments that may be made in equities and international securities; clarifying the
application of the prudent investor standard to limitations on certain types or amounts of
investments; eliminating certain restrictions on the purchase of securities in a particular company,
commercial paper and corporate debt and eliminating the requirement that a list of approved
securities be maintained by the board; authorizing investments in alternative investments, subject
to certain restrictions and limitations; and specifying that the investment powers of the board are to
be broadly and liberally construed to permit the board to achieve its corporate purposes, consistent
at all times with the prudent investor standard"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 139 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5B-2E-1, §5B-2E-2, §5B-2E-3, §5B-2E-4, §5B-2E-5,
§5B-2E-6, §5B-2E-7, §5B-2E-8, §5B-2E-9, §5B-2E-10 and §5B-2E-11; and to amend said code by
adding thereto a new section, designated §11-15-34, all relating to the West Virginia tourism
development act; establishing a tourism development project tax credit; specifying short titles; specifying legislative findings and purpose; defining terms; specifying additional powers and duties
of the development office; specifying activity that qualifies for the credit; requiring filing of
application for tax credit as condition precedent to claiming tax credit; specifying procedures for
evaluation and approval of project; providing for hiring of consultants; specifying criteria for
evaluating projects; specifying determination of amount of allowable tax credits; specifying
application of tax credits against sales tax collected; termination of act; providing for forfeiture of
unused tax credits; and specifying information required to be annually submitted to the state
development office"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 143 - "A Bill to repeal §5-16A-1, §5-16A-2, §5-16A-3, §5-16A-4, §5-
16A-5, §5-16A-6, §5-16A-7, §5-16A-8, §5-16A-9, §5-16A-10 and §5-16A-11 of the code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§33-16D-16, relating to small employer accident and sickness policies and small employer group
health benefit plans for uninsured groups"; which was referred to the Committee on Banking and
Insurance then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 197 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §5B-2-3b; to amend said code by adding thereto a new
section, designated §18B-1B-10; and to amend and reenact §29-22A-10 of said code, all relating
generally to distribution of net terminal income of racetrack video lottery terminals; creating research
challenge fund; reducing distributions to the tourism promotion fund; providing for portions of the
remaining tourism promotion fund to be deposited in the development office promotion fund and in the higher education policy commission's research challenge fund; providing for uses and
expenditures of the funds; and deleting obsolete language"; which was referred to the Committee
on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2004,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 204 - "A Bill to amend and reenact §11-13R-6, §11-13R-11 and §11-
13R-12 of the code of West Virginia, 1931, as amended, all relating to the strategic research and
development tax credit; providing that the credit may be refundable for small qualified research and
development companies; specifying limitations on credit; and providing an effective date"; which
was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 221 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-
27-6, §17-27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11, §17-27-12, §17-27-13, §17-27-14, §17-
27-15, §17-27-16, §17-27-17, §17-27-18, §17-27-19, §17-27-20, §17-27-21 and §17-27-22, all
relating to establishing the public-private transportation facilities act of two thousand four; setting
forth legislative findings and purposes; defining terms; providing prerequisites for development of
a transportation facility; setting forth public-private transportation oversight committee; creating the
powers and duties of the committee; providing for the submission of proposals and approval by the
committee; authorizing service contracts; providing for the dedication of public property; setting
forth the powers and duties of a developer; requiring a comprehensive agreement; providing for
federal, state and local assistance; addressing material default and remedies; prohibiting
governmental entities from pledging full faith and credit; providing for the exercise of condemnation; addressing utility crossings and relocations; addressing dedication of assets;
providing for an exemption from purchasing rules; qualifying transportation facilities as public
improvements; providing for an exemption of qualifying transportation facilities from taxation;
setting forth a termination date; and addressing construction and severability"; which was referred
to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 262 - "A Bill authorizing the department of administration to sell 2.25
acres of land, together with the improvements thereon, situate at Crites, on Buffalo Creek, in
Triadelphia tax district, Logan County"; which was referred to the Committee on Government
Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 313 - "A Bill to amend and reenact §31-17-5, §31-17-8 and §31-17-14 of the code of
West Virginia, 1931, as amended, all relating to mortgage license provisional approval; disclosure
of fees in a mortgage loan; and administrative hearing, appeal and scheduling procedure"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 315 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §27-5-11, relating to creating a mental hygiene pilot
program in three counties or circuits dealing with multiple involuntarily committed persons;
reporting requirement; and sunset provision"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 322 - "A Bill to amend and reenact §4-10-5 of the code of West
Virginia, 1931, as amended; and to amend and reenact §5D-1-2, §5D-1-3, §5D-1-4, §5D-1-5, §5D-1-
5b, §5D-1-6, §5D-1-12, §5D-1-14, §5D-1-15 and §5D-1-16 of said code, all relating to the public
energy authority; changing the termination of the authority and authority board to the first day of
July, two thousand eight; reconstituting the authority under the development office for the sole
purpose of construction, maintenance and operation of flood mitigation dams with hydroelectric
power generation facilities, electric transmission lines integral to such generation facilities, reservoirs
and water impoundments formed by such dams and lands bordering on such reservoirs and
impoundments; establishing legislative purpose and intent; providing definitions; establishing
powers, duties and responsibilities of the authority; requiring public hearings before certain actions
of the authority; authorizing the authority to construct, finance, lease, sale, maintain, repair and
otherwise undertake projects; authorizing the sale of electricity from projects solely in the wholesale
market; exemption from taxation of projects owned by the authority; acquisition of property by the
authority; and providing that the authority is not a public utility and is not subject to the jurisdiction
of the public service commission"; which was referred to the Committee on Government
Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for 350 - "A Bill to amend and reenact article 10, chapter 64 of the code of West
Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the
various executive or administrative agencies and the procedures relating thereto; continuing rules
previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the state register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee; authorizing certain of the agencies
to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as amended by the Legislature;
authorizing the economic development authority to promulgate a legislative rule relating to the
general administration of the West Virginia venture capital act; authorizing the economic
development authority to promulgate a legislative rule relating to economic development and
technology advancement centers; authorizing the infrastructure and jobs development council to
promulgate a legislative rule relating to council; authorizing the division of labor to promulgate a
legislative rule relating to psychophysiological detection of deception examinations; authorizing the
manufactured housing construction and safety standards board to promulgate a legislative rule
relating to the board; authorizing the office of miners' health, safety and training to promulgate a
legislative rule relating to reporting requirements for independent contractors; authorizing the
division of natural resources to promulgate a legislative rule relating to public land corporation rule
controlling sale, lease, exchange or transfer of land and minerals; authorizing the division of natural
resources to promulgate a legislative rule relating to revocation of hunting and fishing licenses;
authorizing the division of natural resources to promulgate a legislative rule relating to special
motorboating regulations; and authorizing the division of natural resources to promulgate a
legislative rule relating to special fishing"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 399 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by
the various executive or administrative agencies and the procedures relating thereto; continuing rules
previously promulgated by state agencies and boards; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the state register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee; authorizing certain of the agencies
to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as amended by the Legislature;
authorizing the board of accountancy to promulgate a legislative rule relating to the board and rules
of professional conduct; authorizing commissioner of agriculture to promulgate legislative rule
relating to frozen desserts and imitation frozen desserts; authorizing commissioner of agriculture to
promulgate legislative rule relating to dairy products and imitation dairy products; authorizing
commissioner of agriculture to promulgate legislative rule relating to seed law; authorizing board
of architects to promulgate legislative rule relating to registration of architects; authorizing auditor's
office to promulgate legislative rule relating to transaction fee and rate structure; authorizing
auditor's office to promulgate legislative rule relating to state purchasing card program; authorizing
board of examiners in counseling to promulgate legislative rule relating to fees; authorizing board
of registration for professional engineers to promulgate legislative rule relating to governance of
board; authorizing board of examiners of land surveyors to promulgate legislative rule relating to
minimum standards for practice of land surveying; authorizing board of examiners of land surveyors
to promulgate legislative rule relating to mandatory continuing education for land surveyors;
authorizing board of landscape architects to promulgate legislative rule relating to board; authorizing
board of examiners for licensed practical nurses to promulgate legislative rule relating to policies
and procedures for development and maintenance of education programs in practical nursing; authorizing board of medicine to promulgate legislative rule relating to licensing and disciplinary
procedures: physicians and podiatrists; authorizing board of optometry to promulgate legislative rule
relating to board; authorizing board of examiners of psychologists to promulgate legislative rule
relating to fees; authorizing public service commission to promulgate legislative rule relating to
transportation of coal by commercial motor vehicles; authorizing records management and
preservation board to promulgate legislative rule relating to general management and preservation
of county records; and authorizing statewide addressing and mapping board to promulgate legislative
rule relating to addressing and mapping standards and participation by public agencies in statewide
addressing and mapping projects"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 408 - "A Bill to amend and reenact §11-8-6f of the code of West
Virginia, 1931, as amended; and to amend and reenact §18-9A-11 of said code, all relating generally
to levies by county boards of education and expenditure of property taxes collected from the levies;
allowing growth counties to use provisions of growth county school facilities act; providing that
high-growth counties may place certain property tax revenues in a growth county school facilities
act fund to be used for the benefit of school facilities in the high-growth county; allowing moneys
in the fund to be carried over from year to year; and providing that revenues deposit in a growth
county school facilities act fund are not considered local share for purposes of the state aid formula";
which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 418 - "A Bill to amend and reenact §50-1-14 of the code of West Virginia, 1931, as
amended, relating to allowing persons employed by the sheriff for the sole purpose of serving civil process to carry deadly weapons"; which was referred to the Committee on Political Subdivisions
then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 454 - "A Bill to repeal §8-24-1, §8-24-2, §8-24-3, §8-24-4, §8-24-5,
§8-24-6, §8-24-7, §8-24-8, §8-24-9, §8-24-10, §8-24-11, §8-24-12, §8-24-13, §8-24-14, §8-24-15,
§8-24-16, §8-24-17, §8-24-18, §8-24-19, §8-24-20, §8-24-21, §8-24-22, §8-24-23, §8-24-24,
§8-24-25, §8-24-26, §8-24-27, §8-24-28, §8-24-29, §8-24-30, §8-24-31, §8-24-32, §8-24-33, §8-24-
34, §8-24-35, §8-24-36, §8-24-37, §8-24-38, §8-24-39, §8-24-40, §8-24-41, §8-24-42, §8-24-43, §8-
24-44, §8-24-45, §8-24-46, §8-24-47, §8-24-48, §8-24-49, §8-24-50, §8-24-50a, §8-24-50b, §8-24-
51, §8-24-52, §8-24-53, §8-24-54, §8-24-55, §8-24-56, §8-24-57, §8-24-58, §8-24-59, §8-24-60, §8-
24-61, §8-24-62, §8-24-63, §8-24-64, §8-24-65, §8-24-66, §8-24-67, §8-24-68, §8-24-69, §8-24-70,
§8-24-71, §8-24-72, §8-24-73, §8-24-73a, §8-24-73b, §8-24-73c, §8-24-73d, §8-24-74, §8-24-74a,
§8-24-74b, §8-24-74c, §8-24-75, §8-24-76, §8-24-77, §8-24-78, §8-24-79, §8-24-80, §8-24-81,
§8-24-82, §8-24-83, §8-24-84 and §8-24-85 of the code of West Virginia, 1931, as amended; and
to amend said code by adding thereto a new chapter, designated §8A-1-1, §8A-1-2, §8A-2-1,
§8A-2-2, §8A-2-3, §8A-2-4, §8A-2-5, §8A-2-6, §8A-2-7, §8A-2-8, §8A-2-9, §8A-2-10, §8A-2-11,
§8A-3-1, §8A-3-2, §8A-3-3, §8A-3-4, §8A-3-5, §8A-3-6, §8A-3-7, §8A-3-8, §8A-3-9, §8A-3-10,
§8A-3-11, §8A-3-12, §8A-3-13, §8A-3-14, §8A-4-1, §8A-4-2, §8A-4-3, §8A-4-4, §8A-4-5,
§8A-4-6, §8A-4-7, §8A-5-1, §8A-5-2, §8A-5-3, §8A-5-4, §8A-5-5, §8A-5-6, §8A-5-7, §8A-5-8,
§8A-5-9, §8A-5-10, §8A-5-11, §8A-5-12, §8A-6-1, §8A-6-2, §8A-6-3, §8A-7-1, §8A-7-2, §8A-7-3,
§8A-7-4, §8A-7-5, §8A-7-6, §8A-7-7, §8A-7-8, §8A-7-9, §8A-7-10, §8A-7-11, §8A-7-12,
§8A-7-13, §8A-8-1, §8A-8-2, §8A-8-3, §8A-8-4, §8A-8-5, §8A-8-6, §8A-8-7, §8A-8-8, §8A-8-9,
§8A-8-10, §8A-8-11, §8A-8-12, §8A-9-1, §8A-9-2, §8A-9-3, §8A-9-4, §8A-9-5, §8A-9-6, §8A-9-7,
§8A-10-1, §8A-10-2, §8A-10-3, §8A-10-4, §8A-10-5, §8A-11-1, §8A-11-2, §8A-12-1, §8A-12-2, §8A-12-3, §8A-12-4, §8A-12-5, §8A-12-6, §8A-12-7, §8A-12-8, §8A-12-9, §8A-12-10, §8A-12-11,
§8A-12-12, §8A-12-13, §8A-12-14, §8A-12-15, §8A-12-16, §8A-12-17, §8A-12-18, §8A-12-19,
§8A-12-20 and §8A-12-21, all relating to land-use planning; planning commissions; comprehensive
plan; subdivision and land development ordinance; subdivision or land development plan and plat;
improvement location permit; zoning; board of zoning appeals; appeal process; enforcement;
penalties; special provisions; and voluntary farmland protection program"; which was referred to the
Committee on Government Organization
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 456 - "A Bill to amend and reenact §12-4-14 of the code of West
Virginia, 1931, as amended, relating to requiring state agencies administering funds or grants to
notify grantees of certain audit reporting requirements; barring grantees not complying with reporting
requirements from subsequently receiving funds or grants; and allowing audits to be filed
electronically"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 482 - "A Bill to amend and reenact §49-5E-5a of the code of West Virginia, 1931, as
amended, relating to reclassifying juvenile detention and corrections facility employees as classified
service rather than classified-exempt service"; which was referred to the Committee on Government
Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2004,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 484 - "A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to requiring motor vehicle license plates to contain a yellow
outline of the state"; which was referred to the Committee on Roads and Transportation then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 502 - "A Bill to amend and reenact §18-7B-7, §18-7B-9, §18-7B-11
and §18-7B-16 of the code of West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §18-7B-20, all relating to the rights of members of the teachers
defined contribution retirement system; clarifying membership; permitting periodic payment
distributions; prohibiting involuntary distributions; clarifying service credit for vesting and
suspension account; and clarifying forfeiture money payment"; which was referred to the Committee
on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2004,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 508 - "A Bill to amend and reenact §29-1-3 of the code of West
Virginia, 1931, as amended, relating to membership of the commission on the arts; and expenditure
of moneys in the cultural facilities and capital resources matching grant program fund"; which was
referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 510 - "A Bill to amend and reenact §29-1A-1 of the code of West Virginia, 1931, as
amended, relating to the commission on uniform state laws; increasing to ten the number on the
panel from which the governor will select commissioners; and increasing the number of commissioners to five"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 518 - "A Bill to amend and reenact §8-14-2a of the code of West
Virginia, 1931, as amended; and to amend and reenact §8-15-10a of said code, all relating to
policemen and firemen who are required to work during holidays; and compensation"; which was
referred to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 536 - "A Bill 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";
which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 551 - "A Bill to amend and reenact §60-8-3, §60-8-6 and §60-8-18 of
the code of West Virginia, 1931, as amended, all relating to the sale of wine; imposing an annual 25-
dollar fee for licenses allowing wine to be shipped to adult residents from wineries and retailers who
are licensed in their state of domicile; restrictions on shipment; collection and remittance of taxes;
requiring adult signature; and allowing commissioner to revoke, suspend, place licensee on probation
and impose a monetary penalty on licensee for violation of article or any rule promulgated or order
issued by the commissioner"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 554 - "A Bill to amend and reenact §44A-4-5 of the code of West
Virginia, 1931, as amended, relating to continuing the guardianship or conservatorship of protected
persons; and continuing the authority of a guardian or conservator for limited decisionmaking
regarding the body of a deceased protected person"; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 564 - "A Bill to amend and reenact §30-3-12 of the code of West
Virginia, 1931, as amended; and to amend and reenact §33-20F-7 of said code, all relating to
permitting a physician who allows his or her medical license to expire upon retirement to retain the
original wall license issued by the board of medicine; exempting a physician holding an inactive
license from payment of the assessment required for the physicians' mutual insurance company;
board of medicine and board of osteopathy to notify physicians of payment of assessment; time for
payment; physician may file for exemption; failure to pay assessment by the thirtieth day of June,
two thousand four; suspension of license; reinstatement of license upon payment to the appropriate
licensing board; and sunset provision"; which was referred to the Committee on the Judiciary then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 569 - "A Bill to amend and reenact §44-5-15 of the code of West
Virginia, 1931, as amended, relating to clarifying and preserving the irrevocability of trusts that have
been drafted to be irrevocable"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 616 - "A Bill to amend and reenact §22-1-9 of the code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section designated §22-
3-33, all relating to the department of environmental protection generally; increasing the membership
of the environmental protection advisory council; requiring that a meeting of the advisory council
be called upon the written request of four members; requiring that the council timely receive an
agenda and related materials for each meeting; allowing council members to submit rule-making
suggestions to the secretary for consideration; establishing a new quality assurance and compliance
advisory committee; and authorizing the committee to review coal mining permit procedures and
processes"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 624 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §6C-2-1, §6C-2-2, §6C-2-3, §6C-2-4, §6C-2-5 and
§6C-2-6; and to amend and reenact §15-2C-1 and §15-2C-4 of said code, all relating to requiring
state agencies and entities to conduct criminal and driving record checks when initially hiring
employees and individuals seeking to provide services through personal service contracts;
confidentiality; duties of the state police; promulgation of legislative rules by the division of
personnel of the department of administration; central abuse registry; definitions; and disclosure of
information"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 629 - "A Bill to repeal §44-2-2 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §41-5-1a; to amend and
reenact §44-1-1, §44-1-6 and §44-1-14a of said code; to amend said code by adding thereto a new
section, designated §44-1-4a; and to amend and reenact §44-2-1 of said code, all relating to
decedents and their estates generally; creating the 'Small Estate Probate Relief Act of 2004';
providing record notice of death; permitting personal representatives to qualify without appearing
personally; eliminating administration of small uncontested estates of one hundred thousand dollars
or less in assets exclusive of real estate assets; modifying the time of publication of notice of the
filing of an appraisement; modifying the contents of notice of probate of estates; allowing estates
having a value of one hundred thousand dollars to be probated without reference to a fiduciary
commissioner; permitting county commissions to promulgate fees for fiduciary commissioners; and
standardizing certain provisions governing probate which relate to fiduciary supervisors and county
clerks"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 631 - "A Bill to amend and reenact §19-15-1 of the code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§19-15-16a, all relating to the West Virginia fertilizer law; definitions; and political subdivisions not
to regulate packaging, labeling, sale, storage, distribution, use or application of fertilizers"; which
was referred to the Committee on Agriculture and Natural Resources 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. 633 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto
two new sections, designated §18B-2A-6 and §18B-2A-7, all relating to higher education; protecting
as confidential electronic mail addresses in the system; and protecting against unwanted electronic mail to institutions of higher education"; which was referred to the Committee on Education 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. 636 - "A Bill to amend and reenact §18-7A-13a of the code of West Virginia, 1931,
as amended, relating to employment of members of the teachers' defined benefit retirement system
by institutions of higher education following the retirement of the member"; which was referred to
the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 637 - "A Bill to amend and reenact §37-15-2, §37-15-3 and §37-15-6
of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new
section, designated section §37-15-3a; and to amend said code by adding thereto a new article,
designated §55-3B-1, §55-3B-2, §55-3B-3, §55-3B-4, §55-3B-5 and §55-3B-6, all relating to real
property; house trailers, mobile homes, manufactured homes and modular homes; definitions; written
rental agreements; termination of tenancy; rules and regulations adopted by owner; remedies for
wrongful occupation of factory-built home site; definitions; tenancy of factory-built home site;
definitions; tenancy of factory-built home site; termination of tenancy; petition for summary relief
for wrongful occupation of residential rental property; contents of petition; notice; hearing defenses;
eviction; removal of factory-built home; duty of sheriff; appeal; failure of tenant to remove factory-
built home; landlord's options; disposal of personal property; and storage and removal costs"; which
was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 645 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §14-2-4a, relating to providing a procedure for appointing an interim judge
to the court of claims when a sitting judge is temporarily unable to serve"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 651 - "A Bill to amend and reenact §7-7-8 of the code of West Virginia, 1931, as
amended, relating to the appointment and election of public officers generally; and precluding the
use of a privately retained attorney to prosecute or assist in the prosecution of a criminal case";
which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub for S. B. 653 - "A Bill to amend and reenact §51-9-4 of the code of West
Virginia, 1931, as amended, relating to judges and justices generally; providing that a judge
becoming eligible for retirement is not required to contribute to the retirement system; and clarifying
that, for judicial retirement purposes, credited service includes certain time served as an elected or
appointed prosecuting attorney, full-time assistant prosecuting attorney, municipal judge or qualified
military service"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 671 - "A Bill to amend and reenact §4-11A-4 and §4-11A-5 of the code of West
Virginia, 1931, as amended, all relating to the appeal bond that master settlement agreement signatories must post to stay the execution of a judgment pending appeal; and providing for effective
date of this amendment"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 672 - "A Bill to amend and reenact §8-18-22 of the code of West
Virginia, 1931, as amended; to amend and reenact §8-19-12a of said code; to amend and reenact §8-
20-10 of said code; and to amend and reenact §16-13-16 of said code, all relating to municipalities;
public utility services; deposit required for new customers; payment for delinquency from deposit;
reconnecting deposit; liens; discontinuance of service for delinquency; tenants; providing refund of
deposit with interest; and requiring owners of property abutting municipal sewer to pay municipal
sewer fees regardless of connection"; which was referred to the Committee on the Judiciary then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 675 - "A Bill to amend and reenact §17-22-13, §17-22-15 and
§17-22-16 of the code of West Virginia, 1931, as amended, all relating to the issuance of licenses
and permits for outdoor advertising signs; increasing fees for licenses and permits; and establishing
fees for inspections of signs and sign locations"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 678 - "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"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 688 - "A Bill to amend and reenact §21A-1A-17 of the code of West Virginia, 1931,
as amended, relating to the amount of wages an election official can receive in a calendar year that
are not considered employment wages for unemployment compensation purposes"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 697 - "A Bill to amend and reenact §24A-7-7 of the code of West
Virginia, 1931, as amended, relating to authorizing the public service commission to delegate motor
carrier inspector duties to weight enforcement officers and vice versa"; which was referred to the
Committee on Roads and Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 700 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §5A-7-4a, relating to requiring all spending units make
timely payments on invoices for telecommunications services; specifying when an invoice is
determined to be received; requiring spending units to budget the costs of their telecommunications
services; establishing a special revenue fund under the custody of the state treasurer for the purpose
of making payments for telecommunications services and providing for payments in and out of the
special fund; empowering the information services and communications division to discontinue
telecommunications services to any spending unit or units which fail to comply with the requirements of this section; creating a dispute resolution procedure; empowering the secretary of
administration to resolve disputes; authorizing legislative rules for the imposition of reasonable
handling fees by the information services and communications division to spending units in order
to recover the information services and communications division's cost of administration under this
section; prohibiting the encumbrance of expenditure of funds for the salary of the head of spending
units until the secretary of administration determines that payments or transfers are being made on
a timely basis; and authorizing further legislative rules in order to effectuate the purpose of achieving
timely and efficient payment for telecommunications services"; which was referred to the Committee
on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 701 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5,
§8-13C-6, §8-13C-7, §8-13C-8, §8-13C-9 and §8-13C-10; to amend and reenact §11-9-2, §11-9-3,
§11-9-4, §11-9-5, §11-9-6, §11-9-8 and §11-9-10 of said code; and to amend and reenact §11-10-3
of said code, all relating to authorizing a qualifying municipality to impose municipal occupational
tax, municipal sales and service tax and use tax; establishing responsibilities of tax commissioner
relating to municipal sales and service tax and municipal use tax; clarifying application of other state
tax laws; creating qualifying municipal sales and service tax and use tax fund; providing tax rate
apply to purchasers from printed catalogs; limiting use of the proceeds of the taxes to application
toward the unfunded liability of certain pensions; citing instances where qualifying municipality
loses certain taxing authority; addressing conflicts and unconstitutionality; and imposing criminal
penalties for certain violations relating to municipal sales and service tax and use tax"; which was
referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 704 - "A Bill to repeal §29-21-12, §29-21-13 and §29-21-13a of the
code of West Virginia, 1931, as amended; and to amend and reenact §29-21-3, §29-21-6, §29-21-8,
§29-21-9, §29-21-10 and §29-21-11 of said code, all relating to public defender services; continuing
public defender services; creating the indigent defense commission; specifying members and their
terms; transferring powers and duties of agency to the executive director; authorizing the executive
director to reduce or reject vouchers; removal of public defender corporation board members;
activation of corporations; permitting the employment of both full-time and part-time attorneys;
changing the manner of appointment of panel attorneys; removing the sections relating to public
defender corporations' funding; requiring corporations to submit budget; authorizing amended
funding contracts; providing for payment of fees to panel attorneys; and requiring services provided
to public defender corporations"; which was referred to the Committee on the Judiciary then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 705 - "A Bill to amend and reenact §60A-1-101 of the code of West
Virginia, 1931, as amended, relating to removing the personal use exception for the criminal offense
of manufacturing a controlled substance"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 709 - "A Bill to amend and reenact §12-3-10a, §12-3-10b, §12-3-10c,
§12-3-10d and §12-3-10e of the code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §12-3-10g, all relating to the purchasing card program; providing for additional internal controls and procedures; requiring training; modifying criminal
penalties; modifying fees; expanding the purchasing card advisory committee; centralizing control
in the auditor's office; setting effective dates; and authorizing emergency rules"; which was referred
to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 718 - "A Bill to amend and reenact §30-21-8 and §30-21-9 of the code of West
Virginia, 1931, as amended, all relating to authorizing the board of examiners of psychologists to
set fees by rule"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 721 - "A Bill to amend and reenact §18B-12A-2, §18B-12A-3 and §18B-12A-6 of the
code of West Virginia, 1931, as amended, all relating to allowing agreements between a center for
economic development and technology advancement and more than one doctoral institution; and
correcting subdivision reference"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 724 - "A Bill to amend and reenact §22-11-7b of the code of West Virginia, 1931, as
amended; and to amend and reenact §22B-3-2 and §22B-3-4 of said code, all relating to water quality
standards generally; transferring authority to propose rules relating to water quality standards from
the environmental quality board to the department of environmental protection; providing that the
current rule remains in force and effect until amended by the department of environmental
protection; establishing some requirements for water protection; providing that meetings to develop water quality standards be open with certain exceptions; and continuing the authority of the
environmental quality board to issue remining variances"; which was referred to the Committee on
the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 726 - "A Bill to amend and reenact §31-16-5 of the code of West Virginia, 1931, as
amended, relating to continuation of the steel advisory commission and steel futures program";
which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 727 - "A Bill to reform, alter and modify the county commission of Hampshire County
under the provisions of section 13, article IX of the constitution of West Virginia"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 728 - "A Bill to amend and reenact §22-11-3 of the code of West Virginia, 1931, as
amended, relating to adding a definition of fill material to the water pollution control act"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 731 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §5A-1-11, relating to the promulgation of rules by the department of administration for compliance standards on all property leased by the state"; which was referred to
the Committee on Government Organization then the Judiciary.
Resolutions Introduced
Delegates Staton and Browning offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 74 - "Requesting the Division of Highways name the bridge on Route 54, milepost
1.00 in Wyoming County the 'Charles S. "Charlie Boy" Stump, Jr. Memorial Bridge'."
Whereas, Charles S. "Charlie Boy" Stump, Jr. was a lifelong resident of Wyoming County
who was well-known and loved in the county and the state and who raised four daughters while
contributing his time, efforts and money to many worthwhile work, church and community projects;
and
Whereas, Charles S. Stump, Jr. was a 1961 graduate of Mullens High School, who was
active in academics and sports, playing football, baseball and basketball and who was voted "most
popular" in his graduating class. Upon graduating from high school, Charles S. Stump, Jr. attended
West Virginia University, where he was a member of the fraternity Delta Tau Delta and from which
he graduated in 1966 with a degree from the West Virginia School of Pharmacy; and
Whereas, Charles S. Stump, Jr. was a dedicated health care professional who began his
career by practicing with his father at Stump Drug Company, and who opened his own pharmacy,
Charlie's Pharmacy, in 1983 and a second pharmacy in Pineville in 1994. Charles S. Stump, Jr.
dedicated his life to serving his community by running a truly hometown pharmacy, providing after-
hours service and personal delivery of medication to patients in need. Charles S. Stump, Jr.
demonstrated his outstanding commitment to both his community and health care when, in the
aftermath of the flood of 2001 he delivered medication door to door in Mullens; and
Whereas, Charles S. Stump, Jr. was a devoted Baptist and a member of Highland Avenue
Baptist Church in Mullens. Affectionately known as "Papa Charlie" by his grandchildren, Charles
S. Stump, Jr. was always present at his grandchildren's games and was always first to call on birthday mornings; and
Whereas, It is fitting that this bridge, as requested by his family, friends, coworkers and
neighbors, be named for this true West Virginia gentleman, businessman, community leader and
healthcare professional who touched so many lives and left his mark on the hearts of all who knew
him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Route
54, milepost 1.00 in Wyoming County the "Charles S. 'Charlie Boy' Stump, Jr. 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 "Charles S. 'Charlie Boy' Stump, Jr. 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
Charles S. Stump, Jr.
Mr. Speaker, Mr. Kiss, and Delegates Stemple, Cann, Amores, Anderson, Armstead, Ashley,
Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Calvert, Campbell,
Canterbury, Caputo, Carmichael, Caruth, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans,
Faircloth, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield,
Houston, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leach, Leggett, Long, Louisos, Mahan,
Manchin, Manuel, Martin, Mezzatesta, Michael, Morgan, Overington, Palumbo, Paxton, Perdue,
Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Romine, Schadler, Schoen, Shaver, Shelton, Smirl,
Sobonya, Spencer, Stalnaker, Staton, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. Thompson,
R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Warner, Webb, Webster, G. White, H.
White, Williams, Wright and Yost offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 75 - "Requesting the Governor to take suitable public notice each year of the month of June as 'Mountain Bike Month'."
Whereas, Cycling is a popular and health benefiting activity throughout the year for
thousands of West Virginia citizens; and
Whereas, Cycling by mountain bike on West Virginia's mountain trails throughout the
warm weather season is not only a healthful experience but also one of exhilaration from the vast
beauty of the thick foliage and expansive vistas of the mountains and valleys of this state; and
Whereas, The state itself benefits greatly from the many visitors who travel and linger here
to join in the thrill of experiencing the wonder and beauty of West Virginia; and
Whereas, It is appropriate that the Governor comment upon the significance of mountain
biking and call upon the citizens of the state to participate in this singular experience; and
Whereas, It serves the public interest for the Governor to emphasize the benefits of
mountain biking, both from an aspect of health and from the aspect of being rewarded for living in
this wondrous place; and
Whereas, It is appropriate for the Governor to remind the citizens of the state of policies
with respect to improving and extending our many biking trails and increase awareness that this
process also serves to influence and enhance the state's attractiveness to the touring public; and
Whereas, It is requested that the Governor will ensure that sufficient funds are provided in
his budget to advertise the month of June as "Mountain Bike Month" through public service media
announcements and through promotion through the Division of Motor Vehicles and private not-for-
profit organizations, and state supported activities across the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor take suitable public notice of the month of June as "Mountain Bike
Month"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the Governor of the state and to the Capitol Press Corps.
Delegates Doyle, Manuel, Caputo and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 20 - "Urging the County Commission of Jefferson County to take all reasonable steps
to save and preserve the historic Jefferson County Jail."
Whereas, The historic Jefferson County Jail, on George Street, in Charles Town, West
Virginia, has figured prominently in the history of West Virginia and the history of the organized
labor movement in the United States of America, being the location of the booking and pre-trial
detention of William Blizzard, the "miners' general" at the famed Battle of Blair Mountain, and
some of his associates, at their trial, for treason, in Charles Town in 1922; and,
Whereas, The said historic jail is integral to the streetscape of downtown Charles Town;
therefore, be it
Resolved by the House of Delegates:
The House of Delegates urges the County Commission of Jefferson County to seriously
consider the value of this structure to the history, and, therefore, the tourism potential, of Jefferson
County and West Virginia.
Consent Calendar
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to third reading:
S. B. 199, Relating to appointments to commission for deaf and hard-of-hearing,
S. B. 296
, Continuing center for professional development board,
And,
S. B. 471
, Continuing state board of risk and insurance management.
The following bills on second reading, coming up in regular order, were, on motion of
Delegate Staton, laid upon the table:
H. B. 2237, Adding a magistrate in Wood County,
H. B. 4048, Updating references to the university of West Virginia board of trustees and the state college system board of directors with current reference to the higher education policy
commission,
H. B. 4446, Modifying various procedures related to motor vehicle mandatory insurance,
H. B. 4515, Giving precedential application to written advisory opinions issued by the ethics
commission's committee on open governmental meetings,
H. B. 4585, Permitting the use of speaker phones or other electronic means unless
specifically prohibited by articles of incorporation or bylaws,
And,
H. B. 4613, Relating to the employment of home incarceration supervisors.
First Reading
The following bills on first reading, coming up in regular order, were, on motion of Delegate
Staton, laid upon the table:
Com. Sub. for H. B. 4534, Providing a procedure to permit owners of mobile homes to
obtain cancellation of certificates of title when the mobile home is permanently attached to the
owner's real estate,
Com. Sub. for H. B. 4686, Making a technical correction to language dealing with fires
being built on public and private roads,
And,
Com. Sub. for H. B. 4718, Establishing a three-year pilot project in Berkeley County
creating a volunteer litter reporting program.
Special Calendar
Third Reading
The following bills on third reading, coming up in regular order, were, on motion of Delegate
Staton, laid upon the table:
Com. Sub. for H. B. 2323, Establishing a division of school personnel within the state
department of education,
Com. Sub. for H. B. 2728, Allowing a person to erect, construct, repair or alter their
residential property without a contractor's license or having a contractor perform the work,
Com. Sub. for H. B. 2950, Modernizing captive insurance law to remain competitive with
states which presently contract such business,
H. B. 4059, Distributing net terminal income of racetrack video lottery terminals from
reduced distributions to the tourism development fund,
Com. Sub. for H. B. 4342, Exempting prescription drugs and insulin from the consumers
sales tax when sold to patients,
Com. Sub. for H. B. 4382, Authorizing the governor to appoint an additional member to the
surface mining board that represents the interests of labor,
H. B. 4420, Requiring health insurance plans to cover the cost of contraceptives for their
participating members,
Com. Sub. for H. B. 4440, Permitting certain officers and state employees to waive their
salaries,
H. B. 4444, Discontinuing early childhood education programs except for children with
certain disabilities,
H. B. 4604, Relating to the establishment of subpoena power for the secretary and the board
of review of the department of health and human resources,
Com. Sub. for H. B. 4697, Exempting from taxation property used exclusively for retirement
homes,
Com. Sub. for H. B. 4712, Providing autonomy and operating flexibility to certain higher
education institutions,
H. B. 4741, Limiting number of video lottery terminals that certain fraternal societies and
veterans' organizations may be authorized to have on the premises,
And,
H. B. 4744, Relating to higher education fees and academic programs, accreditation of institutions of higher education and standards for achieving university status,
Second Reading
The following joint resolution and bills on second reading, coming up in regular order, were,
on motion of Delegate Staton, laid upon the table:
H. J. R. 113, Statewide Location of Government Offices Amendment,
Com. Sub. for H. B. 4005, Creating a special revenue fund for the operation of the education
and state employees grievance board,
And,
Com. Sub. for H. B. 4269, Establishing the offense of setting fires in a public right of way
as arson in the fifth degree.
First Reading
H. B. 4485, Providing that accessible parking violations will be considered motor vehicle
violations and criminal offenses for certain penalty and record keeping purposes; on first reading,
coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
Miscellaneous Business
Delegate DeLong asked and obtained unanimous consent that the remarks of Delegate Staton
regarding the controversy which had arisen relative to the widely publicized salary of the director
of the Wyoming Council on Aging be printed in the Appendix to the Journal.
At 12:20 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 12:00
p.m., Friday, March 5, 2004.