__________*__________

Wednesday, February 11, 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 Tuesday, February 10, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


On motions for leave, bills were introduced (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates Beane, Ennis, Manchin, Talbott, Yost, Caruth and Walters:


H. B. 4418 - "A Bill to amend and reenact §30-12-15 of the code of West Virginia, 1931, as amended, relating to continuation of the board of architects,"

And,
By Delegates Beane, Ennis, Iaquinta, Talbott, Yost, Caruth and Walters:


H. B. 4419 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-22-18, relating to continuation of the board of landscape architects."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4418 and H. B. 4419) will be placed on the Consent Calendar.

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. 4170, Accountancy, board rules and rules of professional conduct,

H. B. 4176, Architects, registration,

H. B. 4223, Landscape Architects, rule of board of,

And,

H. B. 4224, Licensed Practical Nurses, policies and procedures for development and maintenance of education programs,

And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, but that they first be referred to the Committee on Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4170, H. B. 4176, H. B. 4223 and H. B. 4224) were each referred to the Committee on the Judiciary.

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 251, Providing requirements and limitations for mandatory nurse overtime in hospitals; other provisions,

And reports the same back, by unanimous vote of the Committee, with a title amendment, with the recommendation that it do pass, as amended.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for S. B. 251) will be placed on the Consent Calendar.

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:
H. B. 4373, Making it a crime to alter a traffic-control device with an infrared or electronic device,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:

Com. Sub. for H. B. 4373 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-3-10, relating to making it a crime to alter a traffic-control device with an infrared or electronic device; and providing for penalties,"

With the recommendation that the committee substitute do pass.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4373) will be placed on the Consent Calendar.

Chairman Mezzatesta, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

S. B. 448, Relating to higher education advisory boards generally,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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. 2754, Encouraging state and local government entities to display the national motto, "In God We Trust",

And,

H. B. 4330, Revising the law governing vital records,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 2754 and H. B. 4330) were each referred to the Committee on the Judiciary.


Messages from the Senate


A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 52 - "A Bill to amend and reenact §17A-3-15 of the code of West Virginia, 1931, as amended, relating to registration plates for motorcycles; allowing for plates to be fastened in vertical position; and requiring the commissioner of the division of motor vehicles to offer owners of motorcycles the choice of registration plates for vertical or horizontal positioning"; 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. 181 - "A Bill to amend and reenact §15-2-25 of the code of West Virginia, 1931, as amended, relating to permitting a retired member of the state police to carry a concealed weapon for the life of the member "; 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. 208 - "A Bill to amend and reenact §15-2-13 of the code of West Virginia, 1931, as amended, relating to allowing members of the state police to engage in certain political activities while out of uniform and off duty "; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of

Com. Sub. for S. B. 404 - "A Bill to amend and reenact §11-13A-2 of the code of West Virginia, 1931, as amended, relating to severance taxes; clarifying the term 'behavioral health services'; and removing the term 'community care 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

S. B. 469 - "A Bill to amend and reenact §29-1A-5 of the code of West Virginia, 1931, as amended, relating to continuation of the interstate commission on uniform state laws "; 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. 470 - "A Bill to amend and reenact §30-38-19 of the code of West Virginia, 1931, as amended, relating to continuation of the real estate appraiser licensing and certification board "; 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. 471 - "A Bill to amend and reenact §29-12-12 of the code of West Virginia, 1931, as amended, relating to continuation of the state board of risk and insurance management"; which was referred to the Committee on Government Organization.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 33 - "Urging, within three years from the date of this resolution, manufacturers and dealers of all-terrain vehicles design, test and offer roll bars as optional equipment on every all- terrain vehicle sold in West Virginia."

Whereas, This legislative body is concerned first and foremost with the health and safety of every all-terrain vehicle rider in the state; and

Whereas, All-terrain vehicles equipped with roll bars are a significant safety improvement over all-terrain vehicles which do not have such equipment; and

Whereas, It is important that every all-terrain vehicle rider, but especially the parents of children who will be riding all-terrain vehicles, have access to the latest and most up-to-date safety equipment available so that this popular pastime may be enjoyed safely and with fewer injuries; therefore, be it

Resolved by the Legislature of West Virginia:
That the Legislature hereby urges, within three years from the date of this resolution, manufacturers and dealers of all-terrain vehicles design, test and offer roll bars as optional equipment on every all-terrain vehicle sold in West Virginia; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation for distribution to all-terrain vehicle manufacturers and dealers.


Resolutions Introduced


Delegates Doyle, Manuel and Caputo offered the following resolution, which was read by its title and referred to the Committee on Rules:

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."

W HEREAS , 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,

W HEREAS , 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.

Delegates Cann, Fragale, Iaquinta and Warner offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 27 - "Requesting the Commissioner of the Division of Highways to name the bridge crossing the West Fork River at Enterprise in Harrison County, the 'Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge'."

Whereas, When this country needed its young men and women to serve in the Viet Nam War, two young men who lived only four houses apart in the town of Enterprise, Harrison County, faltered not in their duty as they saw it; and

Whereas, Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells brought honor to their families, their community and this State by their determination and unflinching courage in the face of terrible adversity and eventually laid down their lives in combat; and

Whereas, While this State, Harrison County and the town of Enterprise lost a part of the future, the parents of Corporal Jerry Lee Halpenny and John and James Halpenny, his brothers, his wife Linda Halpenny Sandy and Alonzo Harvey Wells and Edith Irene Wells, the parents of PFC Michael Alonzo Wells, his brothers Charlie and James Harvey Wells lost their sons, a brother and a husband; and

Whereas, Corporal Jerry Lee Halpenny was born on June 11, 1945 and died October 13, 1968 during his tour of duty in Viet Nam and PFC Michael Alonzo Wells was born February 7, 1949 and died June 27, 1969 during his tour of duty in Viet Nam; and

Whereas, This country and the country of South Viet Nam awarded Corporal Jerry Lee Halpenny the Viet Nam Defense Medal, the Viet Nam Republic Medal, the Purple Heart, the Combat Infantry Medal, the United States Brass Medal, the United States Infantry Brass Medal, the Bronze Star and the American Defense Medal and it awarded PFC Michael Alonzo Wells the Viet Nam Republic Medal, the Purple Heart, the Bronze Star, the Bronze Star with Oak Leaf Cluster, a third Bronze Star, the Army Commendation Medal and the National Defense Medal; and

Whereas, We know these two young men live in the hearts they have left behind, but they have honored all of us by their sacrifice and it cannot go unnoticed; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the West Virginia Division of Highways to name the bridge crossing the West Fork River at Enterprise in Harrison County, the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge"; and, be it

Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge"; and, be it

Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, the members of Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells families.

Delegates Ennis, DeLong, Swartzmiller, Tucker, Yost, Wakim and G. White offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 28 - "Requesting that September 12th of every year be declared as West Virginia Monarch Butterfly Day."

Whereas, The Monarch Butterfly, scientifically known as Danaus plexippus and nicknamed the "milkweed butterfly", is the state butterfly; and

Whereas, The Monarch Butterfly has declined in population in recent years; and

Whereas, September 12, an established school day, will facilitate the study of the Monarch Butterfly migration through West Virginia; and

Whereas, Monarch butterflies migrate through West Virginia traveling north in July and migrate south in September and October; and

Whereas, September 12 offers warm weather, facilitating field trips to observe the Monarch on the milkweed; and

Whereas, September 12 is close to the day known as "Grandparents Day" which allows families to celebrate worthwhile family activities in celebration of grandparents and Monarch Butterflies; and

Whereas, The day to be set aside as West Virginia Monarch Butterfly Day would not require an absence from employment obligations as a legal observed holiday and not require funding to establish this observance on September 12; and

Whereas, The Monarch Butterfly being our state butterfly reflects our acknowledgment of the Monarch butterfly; therefore, be it

Resolved by the Legislature of West Virginia:

That September 12th of every year beginning with 2004 be set aside for the Monarch Butterfly to be acknowledged, pondered, studied, explored, conserved and celebrated.

Delegate Boggs offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 29 - "Requesting the West Virginia Division of Highways to name the new bridge crossing the Elk River on State Route 4 South of Gassaway, the 'Veterans Memorial Bridge'."

Whereas, The State of West Virginia has seen more of its citizens, per capita, serve in the United States military during times of war and peace than any other state in the union; and

Whereas, Many State veterans have fought and served, exhibiting great acts of selflessness and gallantry while in harm's way, while still others have made the ultimate sacrifice of their lives in order to preserve and protect the liberty, tranquility and freedom of this country; and

Whereas, In view of the great sacrifices endured by State veterans, both living and deceased, and their commitment to duty on behalf of their country and fellow citizens, it is appropriate to bestow the modest gesture, in comparison to such sacrifices and duty, of naming a state landmark as a memorial to their collective memory and spirit; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the West Virginia Division of Highways to name the new bridge crossing the Elk River on State Route 4 South of Gassaway, the "Veterans Memorial Bridge"; and, be it

Further Resolved, That the Commissioner is requested to have made and be placed, at either end of the bridge, signs identifying the bridge as the "Veterans Memorial Bridge"; and, be it

Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, the County Commission of Braxton County, and the Adjutant General of the military forces of this State.

Delegate Boggs offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 30 - "Requesting the United States Congress to broaden the eligibility categories of membership in veterans' organizations."

Whereas, Young American men and women are at the forefront of the war on terror; and

Whereas, Many Americans have served in the armed services of this country and have been placed in harms way both in times of peace and in times of war; and

Whereas, Membership in American veterans' organizations continues to decline as fewer and fewer veterans are eligible for membership in these organizations; and

Whereas, The contributions made to local communities by members of the American Legion, the Veterans of Foreign Wars and other similar organizations are invaluable and may not be replaced if the eligibility for membership continues to be restricted; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Congress of the United States to broaden the eligibility categories of membership in veterans' organizations; 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 members of West Virginia's delegation in Congress and to the Clerk of the United States House of Representatives and the Clerk of the United States Senate.

On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Delegates Fleischauer, Staton, Michael, Amores, Mezzatesta, Mahan and Trump:

H. J. R. 105 - "Proposing an amendment to the Constitution of the State of West Virginia, authorizing appropriations and/or the issuance and sale of additional state bonds in an amount not exceeding six million dollars for the purpose of paying bonuses to certain veterans or to relatives of certain veterans; numbering and designating such proposed amendment; and providing a summarized statement of purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.


Petitions


Delegates Browning and Staton presented a petition, signed by twenty-three thousand five hundred fifty-one residents of the State, urging the Legislature to provide automatic, annual cost of living adjustments (COLA) to the pensions of retired school employees; which was referred to the Committee on Finance.

Delegates Browning and Staton presented a petition, signed by three hundred ninety-two residents of Wyoming County, urging that the Bluestone Clinic not relocate out of the Town of Matoaka; which was referred to the Committee on Health and Human Resources.


Bills Introduced


On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Mr. Speaker, Mr. Kiss:

H. B. 4397 - "A Bill to amend and reenact §61-8-19 of the code of West Virginia, 1931, as amended, relating to prohibiting the practice of debarking or surgically silencing a dog by cutting its vocal chords; and penalty"; to the Committee on the Judiciary.

By Mr. Speaker, Mr. Kiss:

H. B. 4398 - "A Bill to amend and reenact §22A-1-8, §22A-1-9, §22A-1-11, §22A-1-12 and §22A-1-13 of the code of West Virginia, 1931, as amended, all relating to mine inspectors; districts and regions; employment; tenure; oath; bond; mine safety instructors; qualifications; employment; compensation; employment of electrical inspectors; qualifications; salary and expenses; eligibility for appointment as an underground mine inspector; qualifications; salary and expenses; removal; eligibility for appointment as surface-mine inspector; qualifications; salary and expenses; and removal"; to the Committee on Government Organization then the Judiciary.

By Mr. Speaker, Mr. Kiss (By Request):

H. B. 4399 - "A Bill to amend and reenact §16-4C-8 of the code of West Virginia, 1931, as amended, relating to providing for substance abuse testing of emergency medical services personnel"; to the Committee on Health and Human Resources then the Judiciary.

By Mr. Speaker, Mr. Kiss (By Request):

H. B. 4400 - "A Bill to amend and reenact §33-6A-4 of the code of West Virginia, 1931, as amended, relating to providing that an insurer may not fail to renew an outstanding automobile liability or physical damage insurance policy which has been in existence for one year, except for certain reasons"; to the Committee on Banking and Insurance then the Judiciary.

By Mr. Speaker, Mr. Kiss (By Request):

H. B. 4401 - "A Bill to amend and reenact §38-2-7 of the code of West Virginia, 1931, as amended, relating to mechanics' liens; and correcting confusing statutory language"; to the Committee on the Judiciary.

By Mr. Speaker, Mr. Kiss (By Request):

H. B. 4402 - "A Bill to amend and reenact §33-17A-6 of the code of West Virginia, 1931, as amended, relating to prohibiting homeowner insurance discrimination against dog owners"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Amores, Palumbo and Faircloth:

H. B. 4403 - "A Bill to repeal §7-7-10 of the code of West Virginia, 1931, as amended, relating to the requirement of affidavits acknowledging receipt of compensation"; to the Committee on the Judiciary.

By Delegates Amores, H. White, G. White and Beane:

H. B. 4404 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-46-1, §33-46-2, §33-46-3, §33-46-4, §33-46-5, §33-46-6, §33-46-7, §33-46-8, §33-46-9, §33-46-10, §33-46-11, §33-46-12, §33-46-13, §33-46-14, §33-46-15, §33-46-16, §33-46-17, §33-46-18, §33-46-19 and §33-46-20, all relating to establishing a use and file rate regulatory system for personal lines of insurance; establishing a no-file system for commercial lines of insurance; setting forth a short title; declaring legislative intent; providing definitions of certain terms; allowing policies sold to large, sophisticated commercial insurance providers to be exempt from rate and regulatory requirements; providing for civil penalties for violators; and, providing a hearing process for those cited with violations"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Armstead, Border, Sumner, Calvert, Webb and Walters:

H. B. 4405 - "A Bill to amend and reenact §29-22-18a of the code of West Virginia, 1931, as amended, relating to directing any unallocated funds from the sale of bonds to be distributed equally between the economic development project bridge loan fund, the West Virginia infrastructure fund for water and sewer improvements, and the disaster recovery fund for providing grants to businesses damaged or destroyed by floods; and to authorize the economic development authority to create, maintain and appropriate, subject to legislative approval, funds from this special grant fund, known as the 'disaster recovery fund' "; to the Committee on Finance.

By Delegates Armstead, Webb, Sumner, Carmichael, Blair, Calvert and Walters:

H. B. 4406 - "A Bill to amend and reenact §29-22-13 of the code of West Virginia, 1931, as amended, relating to prohibiting the lottery commission and others from making unsolicited promotions or advertisements for lottery games through the mail; and prohibiting the lottery commission and others from providing free lottery tickets as a promotional item"; to the Committee on the Judiciary.

By Delegates Craig, Amores, Kominar and Armstead:

H. B. 4407 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12f, relating to creating an income tax deduction for taxpayers who volunteer two hundred or more hours to a charitable organization as defined in Section 501(c)(3) of the Internal Revenue Code of 2003, as amended; and providing a civil fine for violations"; to the Committee on Finance.

By Delegate Carmichael:

H. B. 4408 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-28-1, §48-28-2 and §48-28-3, all relating to custody of minor children when one spouse murders the other spouse"; to the Committee on the Judiciary.

By Delegate Long (By Request):

H. B. 4409 - "A Bill to amend and reenact §20-2-22a of the code of West Virginia, 1931, as amended, relating to seasonally prohibiting the training of dogs"; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Mahan, Foster, Leach, Smirl, Michael, Staton and Varner:

H. B. 4410 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-6, relating to annual reports of tobacco manufacturers and requiring tobacco manufacturers to provide the secretary of the department of health and human resources with information regarding additives and nicotine yield ratings"; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Mezzatesta, Cann, Frederick, Stalnaker and Walters:

H. B. 4411 - "
A Bill to amend and reenact of the code of West Virginia, 1931, as amended, all relating to the West Virginia workforce investment act; updating terms; outlining duties; and creating the workforce investment interagency collaborative team"; to the Committee on Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Michael, Leach, Doyle, Perdue and Foster:
H. B. 4412 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16B-6c, relating to requiring the children's health insurance board to submit a modification of its benefit plan that would permit participation by families with income levels between two hundred and three hundred percent of the federal poverty level"; to the Committee on Health and Human Resources then Finance.
By Delegates Poling, Hamilton, Perry, Shaver, Boggs, Yeager and Fragale:
H. B. 4413 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26t, relating to increasing supplemental benefits to certain teacher retirement annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegate R. M. Thompson:
H. B. 4414 - "A Bill to amend and reenact §31A-4-2 of the code of West Virginia, 1931, as amended, relating to the use of bank in its name by a licensed insurance company"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Warner, Beane, Boggs, Frederick, Stalnaker, Proudfoot and Foster:
H. B. 4415 - "A Bill to amend and reenact §6-9-7 of the code of West Virginia, 1931, as amended, relating to giving the state auditor, as the chief inspector, flexibility in determining when to conduct audits on local government offices and when to conduct a review on them"; to the Committee on the Judiciary then Finance.
By Delegates Warner and Renner:
H. B. 4416 - "A Bill to amend and reenact §17B-2-1, §17B-2-1a, §17B-2-2, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-7, §17B-2-7a, §17B-2-7b, §17B-2-7c, §17B-2-8 and §17B-2-12 of the code of West Virginia, 1931, as amended, all relating to the qualifications, eligibility, issuance, expiration and disposition of driver's licenses and nondriver identification cards and providing immunity for official actions of members of the driver's license advisory board"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Yost, Ennis, Tucker, DeLong, Pethtel and Swartzmiller:
H. B. 4417 - "A Bill to amend and reenact §17C-5-4 and §17C-5-7 of the code of West Virginia, 1931, as amended, all relating to authorizing issuance of warrants to extract blood analysis of persons charged with driving under the influence"; to the Committee on the Judiciary.


Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 3150, Barring state officers, agencies or entities from requiring that surety, payment, performance or bid bonds be obtained from any particular company,
H. B. 4011, Bringing the West Virginia personal income tax act into conformity with the federal income tax,
H. B. 4012, Bringing the West Virginia corporation net income tax act into conformity with federal income tax,
Com. Sub. for H. B. 4086, Including Gulf War and Afghanistan conflict veterans on the veterans' council,
H. B. 4348, Expiring funds to the treasurer's office - banking services from the treasurer's office - unclaimed property trust fund,
H. B. 4349, Relating generally to consumers sales and service tax,
H. B. 4350, Continuing the West Virginia state police,
And,
H. B. 4351, Continuing the waste tire remediation program.
On the passage of the bills, the yeas and nays were taken (Roll No. 97), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 3150, H. B. 4011, H. B. 4012, Com. Sub. for H. B. 4086, H. B. 4348, H. B. 4349, H. B. 4350 and H. B. 4351) passed.
Delegate Staton moved that H. B. 4011 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 106), and there were--yeas 100, nays none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4011) takes effect from its passage.
Delegate Staton moved that H. B. 4012 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 107), and there were--yeas 100, nays none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4012) takes effect from its passage.
Delegate Staton moved that H. B. 4348 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 108), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Beach.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4348) takes effect from its passage.
Delegate Staton moved that H. B. 4349 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 109), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Beach.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4349) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills 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. 2200, Creating the felony offense of destruction of property,
And,
Com. Sub. for H. B. 4143, Creating a West Virginia center for nursing to establish a statewide strategic plan to address the nursing shortage in the state and to facilitate recruitment and retention of nurses.


First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4160, Investigating and interviewing alleged adult victims of abuse or neglect,
And,
H. B. 4286, Repealing the section of the code relating to coverage for alcoholic treatment because it is superseded by another part of the code.
House Calendar

Second Reading

H. B. 4134, Substituting the governor's chief technology officer as a member of the employee suggestion award program; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Frich, Beane and Walters, the bill was amended on page two, line eight, following the words "House of Delegates", by inserting the words "from different political parties".
And,
On page two, line nine, following the word "Senate", by inserting the words "from different political parties".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4269, Establishing the offense of setting fires in a public right of way as arson in the fifth degree; on second reading, coming up in regular order, with an amendment pending, was, on motion of Delegate Staton, laid over one day.
At 11:47 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Thursday, February 12, 2004.