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Friday, February 13, 2004



The House of Delegates met at 10:00 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 Thursday, February 12, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


Chairman Yeager, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 4282, Authorizing crossbow hunting for disabled persons,

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 4282 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-46n, all relating to authorizing crossbow hunting for disabled persons,"

With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4282) to the Committee on Finance was abrogated.

Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

H. B. 4338, Providing for the issuance of special registration plates promoting education and using the special fee for the registration plates to fund transportation for school trips for academic purposes,

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

Com. Sub. for H. B. 4338 - "A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to registration plates; providing registration plates for promoting education; Fairmont State College; West Virginia farmers; native Americans; members of the 82nd airborne association; survivors of wounds received in the line of duty as law enforcement members; setting fees; exemptions from fees; extending the time period for certain organizations to achieve the minimum number of applicants for a registration plate; setting forth requirements to obtain certain registration plates; and expanding the number of registration plates certain persons may obtain,"

With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4338) to the Committee on Finance was abrogated

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4338) will be placed on the Consent Calendar.

On motion for leave, a bill was introduced (Originating in the Committee on Education and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Kuhn, Renner, Canterbury, Beach, Tabb, Poling and Hamilton:

H. B. 4478 - "A Bill to amend and reenact §18-9-3 of the code of West Virginia, 1931, as amended, relating to Title Language lengthening the time period within which county boards are required to publish a year-end financial statement; and increasing the threshold dollar amount paid to persons, firms and corporations that must be revealed in the statement."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4478) will be placed on the Consent Calendar.

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

Your Committee on Education has had under consideration:

H. B. 4001, Ensuring safer schools and empowering teachers by automating student suspension and expulsion data,

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

Com. Sub. for H. B. 4001 - "A Bill to repeal §18-2F-1, §18-2F-2, §18-2F-3, §18-2F-4, §18-2F-5, §18-2F-6, §18-2F-7, §18-2F-8, §18-2F-9, and §18-20-7 of the code of West Virginia, 1931, as amended; to amend and reenact §18-2E-5, §18-2E-5b, and §18-2E-5c of said code; to amend and reenact §18-20-5 of said code; to further amend said code by adding thereto a new section, designated §18A-2-12a; and to amend and reenact §18A-5-1 and §18A-5-1a, all relating to the process for improving education and removing impediments to improving performance and progress; making technical references, grammatical corrections and stylistic changes; refocusing school and county improvement plans; revising performance measures and specifying their use; allowing optional use of certain assessments; specifying use of efficiency indicators; reorienting system or education performance audits; changing policy for making on-site reviews of schools and school systems; modifying provisions related to Office of education performance audits to comport with more targeted use of performance measures and on-site reviews; setting salary cap for office director at dollar amount; revising and adding items specified for compliance documentation on checklist format; expanding on-site exit conferences and specifying purpose; making certain findings and excluding certain areas from review by performance audits; further specifying conditions for student transfers from seriously impaired schools; granting certain authority for real estate transactions to state board during state intervention; clarifying rights of principal removed from seriously impaired school; removing obsolete provisions for review and report on system of performance audits; making certain findings, listing code sections repealed and listing policies for which the requirements or authorization to promulgate are voided and state board is implored to repeal; repealing incentives and results based scholarship; repealing exceptional children compliance review teams; specifying certain notice requirements by state board to process for improving education council; limiting state rules, policies and standards for exceptional children programs to federal requirements and directing report of review and comparison of laws to legislative oversight commission; setting forth general statement on relations between county boards and school personnel; and placing sole responsibility for proper student discipline with county boards and requiring county board policies,"

With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4001) to the Committee on Finance was abrogated.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4001) will be placed on the Consent Calendar.

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


H. B. 4479 - "A Bill to amend and reenact §9-2-1a of the code of West Virginia, 1931, as amended, relating to continuation of the department of health and human resources,"

And,
By Delegates Beane, Ennis, Butcher, Manuel, Perdue, Blair and Romine:

H. B. 4480 - "A Bill to amend and reenact §22C-11-4 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22C-11-6, all relating to continuation of West Virginia's participation in the interstate commission on the Potomac river basin."

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. 4266, Requiring regulatory agencies of government, with exceptions, to study ways to expedite the issuance of licenses, permits and certificates,

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

Com. Sub. for H. B. 4266 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5F-4-1, §5F-4-2 and §5F-4-3, all relating to requiring regulatory agencies of government to study ways to expedite the issuance of licenses, permits and certificates and to file a report with the Legislature with recommendations on how to achieve greater expediency,"

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. 4266) 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. 4184, Counseling, board of examiners, fees,

H. B. 4228, Medicine, licensing and disciplinary procedures of physicians and podiatrists, And,

H. B. 4235, Optometry, rule of board,

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

In accordance with the former direction of the Speaker, the bills (H. B. 4184, H. B. 4228 and H. B. 4235) 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:
H. B. 4168, Requiring lenders to have the funds for mortgage loans available at the appropriate time,

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

Com. Sub. for H. B. 4168 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6K-1, §46A-6K-2, §46A-6K-3, §46A-6K-4, §46A- 6K-5 and §46A-6K-6, all relating to having funds available for settlement of a real estate mortgage transaction; defining applicability of the law; providing definition of terms used; providing for duty of lender and settlement agent in a loan settlement; maintaining validity of loan documents; and providing a penalty for violations of the article,"

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. 4168) 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. 2914, Relating to the rehabilitation and liquidation of insurers subject to the regulatory authority of the West Virginia insurance commissioner,

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

Com. Sub. for H. B. 2914 - "A Bill to repeal §33-10-27 of the code of West Virginia, 1931, as amended; to repeal §33-24-15, §33-24-16, §33-24-17, §33-24-18, §33-24-19, §33-24-21, §33-24- 22, §33-24-23, §33-24-24, §33-24-25, §33-24-26, §33-24-27, §33-24-28, §33-24-29, §33-24-30, §33-24-31, §33-24-32, §33-24-33, §33-24-34, §33-24-35, §33-24-36, §33-24-37, §33-24-38, §33-24- 39, §33-24-40, §33-24-41 and §33-24-42 of said code; to amend and reenact §33-10-1, §33-10-2, §33-10-3, §33-10-4, §33-10-10, §33-10-11, §33-10-13, §33-10-14, §33-10-18, §33-10-19a, §33-10- 26, §33-10-28, §33-10-29, §33-10-30, §33-10-36, §33-10-38 and §33-10-39 of said code; to amend said code by adding thereto ten new sections, designated §33-10-4a, §33-10-4b, §33-10-4c, §33-10- 4d, §33-10-4e, §33-10-26a, §33-10-26b, §33-10-26c, §33-10-26d and §33-10-40; and to amend and reenact §33-24-14 of said code, all relating to the rehabilitation and liquidation of insurers subject to the regulatory authority of the West Virginia insurance commissioner; revising delinquency proceedings; clarifying what parties will be affected upon the effective date of the revisions; expanding the liquidators' powers; expediting hearings and appeals; modifying current state law relative to liquidation proceedings so as to create conformity with recent federal case law; and making numerous technical changes,"

H. B. 4250, Providing good faith protection for a licensed psychologist acting upon appointment by a court in child custody cases,

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

Com. Sub. for H. B. 4250 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-21, relating to legal actions against psychologists and psychiatrists appointed by a court to provide expert testimony for child custody evaluations; providing standard for good faith; providing for petition of review of evaluation; providing for appointment of another psychologist or psychiatrist to redo evaluations; and providing method for assigning costs of proceedings,"

And,
H. B. 4273, Changing the authority to appoint guardians of minors from the county commission to the family court,

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

Com. Sub. for H. B. 4273 - "A Bill to amend and reenact §44-10-3, §44-10-4, §44-10-5 and §44-10-6 of the code of West Virginia, 1931, as amended; to amend and reenact §51-2A-2 of said code, all relating to the modification of procedures for the appointment of guardians for minor children,"

With the recommendation that the committee substitutes each do pass.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 2914, Com. Sub. for H. B. 4250 and Com. Sub. for H. B. 4273) will be placed on the Consent Calendar.

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 13th day of February, 2004, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

(S. B. 166), Reducing allowable blood alcohol content for DUI.


Resolutions Introduced


Delegates Hrutkay, Ferrell, Butcher and Wright offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 34 - "Requesting the Division of Highways rename the connection of Route 73 from Route 119 between Fountain Place Mall and Mt. Gay, Logan County, the 'West Virginia POW- MIA Highway'."

Whereas, Thousands of American soldiers who have served their nation with pride and distinction have suffered at the hands of the enemy as prisoners of war; and

Whereas, Because of the trauma experienced by many of our prisoners of war, many of them continue to suffer serious physical illnesses and distress as a result of their captivity; and

Whereas, Many of our nation's soldiers who have fought in America's battles for freedom are still missing in action. Many families and friends of MIA's are unable to bring the loss of their loved ones to a close, keeping hope that they are, perhaps, POW's; and

Whereas, As a tribute to the American soldiers who have served our nation and found themselves held prisoners of war in the hands of our enemies, and as a remembrance of those for whom there has not been an accounting, it is fitting that their service be honored; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways rename the connection of Route 73 from Route 119 between Fountain Place Mall and Mt. Gay, Logan County, the "West Virginia POW-MIA Highway"; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the highway as the "West Virginia POW-MIA Highway"; and, be it

Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.

Delegates Pino and Perry offered the following resolution, which was reported by the Clerk:

H. R. 9 - "Requesting West Virginia's congressional delegation investigate the request by Elkem Metals, Inc., for an Internal Revenue Service waiver to reduce the retirement plans of its employees and retirees."

Whereas, The employees of Elkem Metals, Inc. are concerned about the financial stability of their retirement plans; and

Whereas, The concerns of the employees of Elkem Metals, Inc. have escalated since the company filed a request with the Internal Revenue Service to obtain a waiver that would permit the company to reduce the minimum payments the firm is presently required to pay into retirement plans; and

Whereas, While the House of Delegates understands that the actions taken by Elkem Metals, Inc. may be necessary in order to secure a financially stable future for the company, the House of Delegates feels that before such action is granted, there must be a complete and exhaustive examination of the company's financial status to determine if it has the ability to continue to pay the required payments into the retirement plans in order to protect the interests of the employees; and

Whereas, The House of Delegates requests the West Virginia congressional delegation to ensure that the request for the waiver from the Internal Revenue Service permitting Elkem Metals, Inc. to reduce the minimum payments made to retirement plans presently offered be fully and unequivocally justifiable. The determination by the Internal Revenue Service should be examined by all interested parties prior to a final rendering of the decision of the Internal Revenue Service for rejection or approval of the waiver; therefore, be it

Resolved by the House of Delegates:
That the House of Delegates hereby requests West Virginia's congressional delegation investigate the request by Elkem Metals, Inc. for an Internal Revenue Service waiver to reduce the retirement plans of its employees and retirees; and, be it

Further Resolved, That the House of Delegates hereby requests West Virginia's congressional delegation to ensure that any decision made by the Internal Revenue Service be fully examined by all interested parties prior to a final rendering of its decision for rejection or approval of any such waiver; and, be it

Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this Resolution to West Virginia's congressional delegation.

At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 9) to a committee was dispensed with, and it was taken up for immediate consideration.

The question now being on the adoption of the resolution, Delegate Perry demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 116), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Campbell, Coleman, Doyle, Faircloth, Ferrell, Houston, Manchin, H. White and Yeager.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 9) adopted.


Bills Introduced


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

By Delegate Walters:

H. B. 4454 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-25-1, §22-25-2, §22-25-3, §22-25-4 and §22-25-5, all relating to establishing the performance based permitting act; setting criteria to be evaluated when applying for a permit; and rewarding compliance with expedited permits"; to the Committee on the Judiciary.

By Delegates Warner and Michael:

H. B. 4455 - "A Bill to amend and reenact §17-24-4 and §17-24-6 of the code of West Virginia, 1931, as amended, all relating to the use of waste tire remediation funds to finance infrastructure projects relating to waste tire processing facilities which have a capital cost of not less than three hundred million dollars"; to the Committee on Finance.

By Delegates Warner, Iaquinta, Coleman, Cann and Fragale:

H. B. 4456
- "A Bill to extend the time for the county commission of Harrison County, West Virginia, to meet as a levying body for the purpose of presenting to the voters of the county an election on the question of continuing the excess levy for vital public services in Harrison County from between the seventh and twenty-eighth days of March until the first Thursday in June, two thousand four"; to the Committee on Political Subdivisions then the Judiciary.

By Delegate Webb:

H. B. 4457 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-3-8a, relating to limiting a lobbyist who formerly worked as a government officer or employee from lobbying a current government officer or employee until one year after employment with the government ceased"; to the Committee on the Judiciary.

By Delegate Webb (By Request):

H. B. 4458 - "A Bill to amend and reenact §30-18-8 of the code of West Virginia, 1931, as amended, relating to licensed private investigators and guards; requiring licensees to carry and display photographic identification; and making it unlawful to fail to carry and display photographic identification"; to the Committee on the Judiciary.

By Delegate Webb (By Request):

H. B. 4459 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-47a, relating to prohibiting vehicles equipped with a hitch, from being left with hitch tongues inserted in the hitch when the hitch tongue is not in use"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Webb, Hrutkay, Wright, Kuhn, Butcher and Ferrell:

H. B. 4460
- "A Bill to amend and reenact §51-2A-3 of the code of West Virginia, 1931, as amended, relating to providing for one family court circuit comprising the county of Lincoln and one family court circuit comprising Boone county"; to the Committee on the Judiciary then Finance.
By Delegates Webb, Louisos, Perry, Talbott, Pino, Shelton and Stemple:


H. B. 4461 - "A Bill to amend and reenact §51-2A-3 of the code of West Virginia, 1931, as amended, relating to providing for one family court circuit comprising the counties of Clay and Webster and one family court circuit comprising Nicholas county"; to the Committee on the Judiciary then Finance.

By Mr. Speaker, Mr. Kiss, and Delegates Yeager, Browning, Staton and H. White:

H. B. 4462 - "A Bill to amend and reenact §22-15-9 of the code of West Virginia, 1931, as amended, relating to solid waste facilities handling in excess of thirty thousand tons of solid waste per month; increasing the allowable tonnage for disposal beyond fifty thousand tons per month; providing that a commercial solid waste facility which had received a valid permit from the West Virginia department of environmental protection (DEP) and, after a public referendum approved it, was allowed to handle up to fifty thousand tons per month, the facility be permitted to accept more than fifty thousand tons per month, with DEP approval; that a second public referendum shall not be required should the county commission, county economic development authority and county solid waste authority concur that a second referendum is not required; and providing for an alternative allocation and disbursement of existing solid waste assessment fees to the county commission and economic development authority, after the original permitted amount of fifty thousand tons per month fee disbursements are made according to existing law, in order to fund and promote economic development in the county where the facility is located, as well as other counties and the state"; to the Committee on the Judiciary then Finance.

By Delegates Caruth, R. M. Thompson, Frederick, Long, Browning, Staton and Yeager:

H. B. 4463 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-15-1, relating to changing the name of Concord College to Concord University"; to the Committee on Education then Finance.

By Delegates Craig, Morgan, Leach, Smirl, Howard and Sobonya:

H. B. 4464 - "A Bill to extend the time for the governing body of the County Commission of Cabell County, West Virginia, to meet as a levying body for the purpose of presenting to the voters of said county an election to consider an excess levy for fire protection service, firefighter training and economic development from the third Tuesday of April until the third Tuesday in May, two thousand four"; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Foster, Palumbo, Webb and Perdue:

H. B. 4465 - "A Bill to amend and reenact §18-2-7a of the code of West Virginia, 1931, as amended, relating to physical education programs in the public schools; legislative findings; requiring certain physical education programs for enrolled students; and limiting enrollment in each physical education course or class"; to the Committee on Education then Finance.

Be Delegates Howard, Carmichael, Craig, Morgan, Sobonya and Leach:

H. B. 4466 - "A Bill to amend and reenact §17C-5-2 of the code of West Virginia, 1931, as amended, relating to increasing the penalty for driving under the influence causing death"; to the Committee on the Judiciary.

By Delegates Mahan, Amores, Fleischauer and Webb:

H. B. 4467 - "A Bill to amend and reenact §49-6-4 of the code of West Virginia, 1931, as amended, relating to the payment of expert fees in child abuse and neglect cases"; to the Committee on the Judiciary.

By Delegates Manuel, Doyle and Tabb:

H. B. 4468 - "A Bill to amend and reenact §16-15-7 and §16-15-18 of the code of West Virginia, 1931, as amended, all relating to allowing housing development authorities to pay for persons of eligible income the costs of preparation of any title instrument, deed of trust, note or security instrument, the costs of recording any title instrument, deed of trust, note or security instrument and the amount of impact fees imposed"; to the Committee on the Judiciary then Finance.

By Delegates Manuel, Warner, Pino, Faircloth and Michael:

H. B. 4469 - "A Bill to amend and reenact §62-12-17 of the code of West Virginia, 1931, as amended, relating to allowing the commissioner of the division of corrections to increase the parolee supervision fee to forty dollars"; to the Committee on the Judiciary then Finance.

By Delegates Manuel, Warner, Pino and Michael:

H. B. 4470 - "A Bill to amend and reenact §28-5-27 of the code of West Virginia, 1931, as amended, relating to good time for inmates of correctional institutions; providing that good time may be credited presumptively at the beginning of an inmate?s sentence and that all of an inmate?s good time is subject to forfeiture and revocation for violation of disciplinary rules; and providing credit of good time for certain youthful offenders"; to the Committee on the Judiciary then Finance.

By Delegates Manuel, Warner, Pino, Michael and Faircloth:

H. B. 4471 - "A Bill to amend and reenact §25-4-6 of the code of West Virginia, 1931, as amended, relating to young adult offenders found unfit to remain at a center for young adult offenders; specifying entitlement to a hearing before the committing court; providing standard of review; and allowing reliance on record established at the center under specified circumstances"; to the Committee on the Judiciary.

By Delegates Pino and Michael:

H. B. 4472 - "A Bill to amend and reenact §61-11A-8 of the code of West Virginia, 1931, as amended, relating to allowing victims of crime to be notified by telephone when a specified defendant is released from custody"; to the Committee on the Judiciary.

By Delegates Spencer, Palumbo, Perdue, Amores and Webster:

H. B. 4473 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6A-2a, relating to requiring the department of health and human resources to develop a procedure to notify licensed professionals who are mandated to report child abuse and neglect of the disposition of the investigation into the report"; to the Committee on the Judiciary.

By Delegates Stalnaker, Kominar, H. White, Michael, Mezzatesta and Amores:

H. B. 4474 - "A Bill to amend and reenact §29-22-12 of the code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-16 of said code, all relating to video lottery offenses in general; making it a felony to steal lottery tickets; and making it a felony to steal anything of value from the lottery commission or to profit from cheating a video lottery machine at a race track"; to the Committee on the Judiciary.

By Delegates Trump and Blair:

H. B. 4475 - "A Bill to amend and reenact §31-20-10 of the code of West Virginia, 1931, as amended, relating to requiring the division of corrections to reimburse a county for the per diem costs the county has incurred in maintaining a person in a regional jail under certain circumstances"; to the Committee on the Judiciary then Finance.

By Delegates Warner, Pino, Faircloth and Michael:

H. B. 4476 - "A Bill to amend and reenact §31-20-10 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-20-10a, all relating to regional jail and correctional facility authority funds; providing statutory procedures for determining the cost per day for inmates incarcerated in facilities operated by the authority; and outlining the allocation of costs for housing inmates"; to the Committee on the Judiciary then Finance.

By Delegates Yeager and Poling:

H. B. 4477 - "A Bill to amend and reenact §20-2-32, §20-2-33 and §20-2-34 of the code of West Virginia, 1931, as amended, relating to the issuance of hunting and fishing licenses and the amount of and disposition of fees"; to the Committee on Agriculture and Natural Resources then Finance.


Consent Calendar

Third Reading


The following bills on third reading, coming up in regular order, were each read a third time:
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.

On the passage of the bills, the yeas and nays were taken (Roll No. 117), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Campbell, Coleman, Doyle, Faircloth, Ferrell, Houston, Manchin, H. White and Yeager.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 4160 and H. B. 4286) passed.

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

Com. Sub. for S. B. 251, Providing requirements and limitations for mandatory nurse overtime in hospitals; other provisions; on second reading, coming up in regular order, was read a second time.

The Clerk announced that, pursuant to House Rule 70a, Delegate Leach had requested Com. Sub. for S. B. 251 be removed from the Consent Calendar and be placed upon the House Calendar.

At the request of Delegate Staton, and by unanimous consent, the bill was then advanced to third reading with the restricted right to amend.

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. 4373, Making it a crime to alter a traffic-control device with an infrared or electronic device,

H. B. 4418, Continuing the board of architects,

And,
H. B. 4419, Continuing the board of landscape architects.


First Reading

H. B. 4451, Clarifying that the economic development authority and tax commissioner are authorized to require certain examination and compliance actions; on first reading, coming up in regular order, was read a first time and ordered to second reading.


Special Calendar

Unfinished Business

H. C. R. 19, Naming the replacement bridge on Sellers Run Road in Tyler County the "E. Glenn Moore Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 20, Naming an existing bridge situate approximately one and four-tenths miles up Elk Creek in Delbarton, Mingo County, West Virginia, to John Hunt; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.


Second Reading


S. B. 448, Relating to higher education advisory boards generally; on second reading, coming up in regular order, was read a second time.

At the request of Delegate Staton, and by unanimous consent, the bill was advanced to third reading with amendments pending, and the rule was suspended to permit the offering and consideration of amendments on that reading.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Campbell, Coleman, Doyle, Faircloth, Ferrell, Houston, Manchin, H. White and Yeager.

Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Fleischauer regarding West Virginia University be printed in the Appendix to the Journal.

At 10:46 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, February 16, 2004.