__________*__________

Wednesday, February 18, 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 17, 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 with the recommendation that they each do pass), which were read by their titles, as follows:

By Delegates Beane, Ennis, Perdue, Blair and Frich:

H. B. 4530 - "A Bill to amend and reenact §19-2B-1 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-2B-1a, all relating to continuation of the meat and poultry inspection program,"

By Delegates Beane, Ennis, Manuel and Yeager:

H. B. 4531 - "A Bill to amend and reenact §5-16-4 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-16-4a, all relating to continuation of the public employees insurance agency finance board,"

And,

By Delegates Beane, Ennis, Wright and Frich:

H. B. 4532 - "A Bill to amend and reenact §29-3-31 of the code of West Virginia, 1931, as amended, relating to continuation of the state fire commission."

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. 4247, Clarifying that the board of registration for professional engineers may assess civil penalties,

And reports the same back, by unanimous vote of the Committee, with 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 (H. B. 4247) 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. 4199, Fire Marshal, certification of electrical inspectors,

And,

H. B. 4220, Labor, psychophysiological detection of deception examinations, etc.,

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. 4199 and H. B. 4220) were each referred to the Committee on the Judiciary.

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. 4113, Requiring all state boards of examination and registration provided in chapter thirty of the code of West Virginia to have websites accessible to the public,And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the bill (H. B. 4113) was referred to the Committee on Finance.

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. 4197, Engineers, rule governing board of registration for professional engineers,

H. B. 4200, Fire Marshal, fees for licences, permits, etc.,

And,

H. B. 4227, Fire Marshal, fees for licences, permits, etc.,

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 the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4197, H. B. 4200 and H. B. 4227) 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. 4079, Establishing a program to employ rehabilitative drug treatment instead of incarceration for most persons arrested for nonviolent drug offenses,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4079) was referred to the Committee on Finance.

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. 4433, Creating the crime of abuse and neglect of an elderly person and the crime of misuse or misappropriation of the funds or assets of an elderly person,

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

Com. Sub. for H. B. 4433 - "A Bill to amend and reenact §61-2-29 of the code of West Virginia, 1931, as amended, relating to abuse or neglect of an incapacitated adult; adding the crimes of abuse and neglect of an elderly person age sixty-five years or older and the crime of misuse and misappropriation of the funds or assets of an elderly person; and creating the crime of misuse or misappropriation of the funds or assets of an elderly person through deception, intimidation, coercion, the infliction of bodily injury or the threat of bodily injury,"

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. 4433) 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. 4141, Authorizing patients or residents of certain health care facilities or homes to designate nonrelatives to receive the same visitation privileges as immediate family members,

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

Com. Sub. for H. B. 4141 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-14; to further amend said code by adding thereto a new section, designated §16-5C-5a; to further amend said code by adding thereto a new section, designated §16-5D-5a; to further amend said code by adding thereto a new section, designated §16-5E-7; and to further amend said code by adding thereto a new section, designated §16-5N-6a, all relating to patient visitation rights; establishing new criteria for patient visits at hospitals, nursing homes, personal care homes, legally unlicensed health care homes, and residential care communities; allowing for patient visitations with non-relatives designed by patients; and creating exceptions thereto,"

With the recommendation that the committee substitute do pass.

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. 2384, Providing criminal penalties for negligently or carelessly shooting and wounding or killing a human being while hunting under the influence of alcohol or drugs,

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

Com. Sub. for H. B. 2384 - "A Bill to amend and reenact §20-2-57 of the code of West Virginia, 1931, as amended, relating to providing criminal penalties for shooting and wounding or killing a human being by a person hunting, pursuing, taking or killing wild animals or wild birds while under the influence of alcohol, controlled substances or drugs; and permitting court-ordered restitution,"

With the recommendation that the committee substitute do pass.

On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary 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 Amores, Craig, Mahan, DeLong, Schadler, Hrutkay and Pethtel:

H. B. 4514 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5, §17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9, §17C-5C-10, §17C-5C-11, §17C-5C-12, §17C-5C- 13, §17C-5C-14, §17C-5C-15 and §17C-5C-16, all relating to establishing a specialized court referral officer program to promote the screening, evaluation, education, treatment and rehabilitation of persons who are repeat offenders or serious offenders under provisions related to driving while under the influence of alcohol, controlled substances or drugs."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4514) 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. 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,

And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4308) 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. 4374, Relating to manufactured housing construction and safety standards,

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

Com. Sub. for H. B. 4374 - "A Bill to amend and reenact §21-9-4, §21-9-10, §21-9-11 and §21-9-12 of the code of West Virginia, 1931, as amended, all relating to manufactured housing construction and safety standards; removing out-dated language; providing for inspections and the payment of the costs of inspection; authorizing the issuance of cease and desist orders and establishing penalties for violations of the article; establishing the state manufactured housing recovery fund; and providing permitted uses of interest on the fund,"

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

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4374) to the Committee on the Judiciary was abrogated.

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 17th day of February, 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:

(H. B. 4020), Protecting personal information maintained by the state from inappropriate disclosure,

And,

(H. B. 4131), Requiring certain reporting to the legislative oversight commission on workforce investment for economic development.


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. 38, Extending the Committee of Conference on Com. Sub. for H. B. 4022, ATV legislation.

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. 240 - "A Bill to amend and reenact §6-9A-8 of the code of West Virginia, 1931, as amended, relating to boards and commissions; and providing that governing bodies of public agencies need not have a second to a motion if the governing body has seven or less members"; which was referred to the Committee the Judiciary.

A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

Com. Sub. for S. B. 251, Providing requirements and limitations for mandatory nurse overtime in hospitals; other provisions.

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. 271 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §17F-1-1, §17F-1-2, §17F-1-3, §17F-2-1, §17F-2-2 and §17F-2-3, all relating to racial profiling data collection; defining terms; requiring law-enforcement officers to collect certain data during traffic stops; requiring the division of motor vehicles to compile the data collected; requiring director of the governor's committee on crime, delinquency and correction to conduct analysis of data obtained during traffic stops; requiring promulgation of legislative rules; and providing for annual report"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of

S. B. 526 - "A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated surplus balance in the state fund, general revenue, to the department of education and the arts - state board of rehabilitation - division of rehabilitation services, fund 0310, fiscal year 2004, organization 0932, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand four"; which was referred to the Committee on Finance.




Resolutions Introduced


Delegates DeLong, Amores, Anderson, Beach, Beane, Blair, Boggs, Border, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Caruth, Craig, Crosier, Doyle, Duke, Ellem, Ennis, Ferrell, Fleischauer, Foster, Fragale, Frederick, Hall, Hamilton, Hartman, Hatfield, Houston, Hrutkay, Iaquinta, Kominar, Leggett, Long, Louisos, Mahan, Manuel, Martin, Mezzatesta, Michael, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Renner, Schadler, Shaver, Shelton, Smirl, Spencer, Stalnaker, Staton, Stemple, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Warner, Webster, G. White, H. White, Williams, Wright, Yeager and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 39 - "Requesting the Joint Committee on Government and Finance, in partnership with such other committee as the joint committee might consider compatible to the treatment of the issues involved, to conduct a study of the economic feasibility and beneficial effect of establishing a state-wide thoroughbred racing breeders program at the state's two horse racing facilities, looking into the economic impact to the state's budget, tax base, property values and tourism industry, together with what needs would be required to effectively supplement the marketing of the program."

Whereas, West Virginia University has an equine science program commencing; and

Whereas, There should be a job placement program for the graduates of the equine science degree; and

Whereas, The program might produce training centers for breeders; and

Whereas, Kentucky, Florida, New York and California have similar programs and the Charles Town track has one for its trainers; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to conduct a study of the economic and beneficial effect of establishing a state-wide thoroughbred racing breeders program in this state; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with any drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Delegates Mezzatesta and Beach offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 40 - "Requesting the Division of Highways name the bridge on Route 28 near Romney, Hampshire County, the 'John Blue Bridge'."

Whereas, John Blue came to Hampshire County, Virginia, in 1725 from Somerset County, New Jersey, having allegedly received land from Lord Thomas Fairfax; and

Whereas, The acreage owned by John Blue was present day Route 28 north of Romney, Hampshire County, along the South Branch of the Potomac River; and

Whereas, John Blue and fourteen children who settled in the area and his great grandson, also named John Blue, is noted in numerous Civil War history books; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the bridge on Route 28 near Romney, Hampshire County, the "John Blue Bridge" in tribute to an early settler along the South Branch of the Potomac River; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge on Route 28 near Romney, Hampshire County, as the "John Blue Bridge"; and, be it

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

On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Mr. Speaker, Mr. Kiss, and Delegates Staton, Michael, Mezzatesta, Mahan, Fleischauer and Trump:


H. J. R. 107 - "Proposing an amendment to the Constitution of the State of West Virginia, authorizing appropriations and 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 the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.

Mr. Speaker, Mr. Kiss, and Delegates Perdue, Amores, Anderson, Armstead, Ashley, Azinger, Beach, Beane, Blair, Boggs, Border, Browning, Butcher, Calvert, Campbell, Cann, Canterbury, Caputo, Carmichael, Caruth, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ennis, Evans, Ferrell, Fleischauer, Foster, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Iaquinta, Kominar, Leach, Long, Louisos, Mahan, Manuel, Martin, Mezzatesta, Michael, Morgan, Palumbo, Paxton, 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, Warner, Webb, Webster, H. White, Williams, Wright, Yeager and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 10 - "Requesting that the Joint Committee on Government and Finance conduct a study to determine the training and education needs related to Alzheimer's disease and related dementias in medical adult day care centers, nursing homes, assisted living residences and residential care communities."

Whereas, Today more than 50% of all residents in a long-term care facility suffer from Alzheimer's disease or a related dementia; and

Whereas, In the late 1980's, when current certified nursing assistants training requirements were adopted by the Legislature, they were appropriate for the physically frail population in long-term care facilities; yet today, 15 years later, the long-term care population is much more cognitively impaired; and

Whereas, Education and training would respond to that changed population and the needs of staff who care for people with Alzheimer's disease or related dementias; and

Whereas, Studies find annual rates of turnover among long-term care staff range from 45% to more than 100%, and job vacancy rates of 11% to 20% and providers spend from $1,400 to $4,300 for each worker they have to replace; and

Whereas, The quality of care for residents suffers, as they lose the continuity of care from familiar workers who know them and have come to understand their needs, a loss that is particularly acute for persons with Alzheimer's disease or related dementias. And the workers who remain face frustration, added stress, injury and accidents; and

Whereas, In addition, this legislation may begin to address one component of the broader long-term care workforce issue by providing workforce with skills and knowledge that better suits the challenges they are faced with or the challenging behaviors they must deal with daily; and

Whereas, Other states have dementia specific training components that include a basic understanding of Alzheimer's disease and related dementias; communication approaches and techniques; and preventing or managing challenging behaviors in persons with Alzheimer's disease and related dementias; and

Whereas, Rarely does an illness take such a pervasive toll on families. Rarely does a disease impact so many lives in so many ways; and

Whereas, In the year 2011, 400,000 West Virginia baby boomers begin to reach the age of greatest risk for Alzheimer's disease; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance to conduct a study to determine the training and education needs related to Alzheimer's disease and related dementias in medical adult day care centers, nursing homes, assisted living residences and residential care communities, including a determination of the most efficient, cost effective method of providing training and education to those who provide care for individuals with Alzheimer's disease or related dementias who reside in this state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation are paid from the legislative appropriations to the Joint Committee on Government and Finance.


Petitions


Delegate Amores presented a petition, signed by two thousand four hundred nine residents of Kanawha, Calhoun and Boone counties, 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 Craig, Leach and Morgan presented a petition, signed by two thousand seven hundred thirty-three residents of Lincoln, Mingo and Mason counties, 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.


Bills Introduced


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

By Delegates Amores, Palumbo, Houston, Ellem and Foster:

H. B. 4515 - "A Bill to amend and reenact §6-9A-11 of the code of West Virginia, 1931, as amended, giving precedential application to advisory opinions issued by the committee on open governmental meetings"; to the Committee on the Judiciary.

By Delegates Boggs, Michael, Kominar and Evans:

H. B. 4516 - "A Bill to amend and reenact §19-21A-4 and §19-21A-7 of the code of West Virginia, 1931, as amended, all relating to the state conservation committee and conservation districts; adding a member to the committee; designating the committee and its supporting staff as the West Virginia conservation agency; and increasing the per diem rate for conservation district supervisors"; to the Committee on Government Organization then Finance.

By Delegates Campbell, Cann, Susman, Proudfoot, Stalnaker, Evans and Hall:

H. B. 4517 - "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"; to the Committee on Finance.

By Delegates Ennis, Perry, Butcher, Pino, Armstead, Ellem and Trump:

H. B. 4518 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-30, relating to establishing the 'Unborn Victims of Violence Act'; relating to recognizing a fetus as a person for purposes of being a victim of certain crimes of violence against the person; specifying penalties; providing definitions and exceptions; certain convictions not barred and severability"; to the Committee on the Judiciary.

By Delegates Fleischauer, Susman, Faircloth, Beane and Perdue:

H. B. 4519 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4E-1, §9-4E-2, §9-4E-3, §9-4E-4, §9-4E-5, §9-4E-6, §9-4E-7, §9-4E-8 and 9-4E-9, all relating to establishing the 'West Virginia Medicaid Community Attendant Services and Supports Act'; setting forth legislative findings; requiring the department of health and human resources to implement and administer a home- and community-based attendant services and supports program for eligible disabled individuals; stating statutory requirements of the program; requiring the department to propose legislative rules necessary to implement the program; providing for the rights of eligible individuals and for the responsibilities of the department; providing for a right of appeal; requiring development of consumer service plans; requiring a quality assurance plan; requiring that certain options for service delivery be available; authorizing family members to be providers under the program; defining terms; requiring the department to report quarterly to the legislative oversight commission on health and human resources accountability; authorizing the creation of administrative sanctions under the program; and providing for an effective date"; to the Committee on Health and Human Resources then Finance.

By Delegates Hrutkay, Wright, Butcher, Ferrell, Paxton, Iaquinta and Wakim:

H. B. 4520 - "A Bill to amend and reenact §5-10-15 of the code of West Virginia, 1931, as amended; and to amend and reenact §29-6-10 of said code, all relating to providing for service credits, for purposes of public employment retirement, for service in the West Virginia national guard and reserve; and awarding additional testing credit points in civil service examinations for members of the national guard and reserve who are applying for state employment"; to the Committee on Veterans Affairs and Homeland Security then Finance.

By Delegates Mahan, Craig, Michael and Amores:

H. B. 4521 - "A Bill to amend and reenact §22-17-20 of the code of West Virginia, 1931, as amended, relating to increasing the annual underground storage tank fee; requiring emergency rule; increasing cap amount for underground storage tank fund; changing requirements for disbursal of excess funds; and requiring annual report to the joint committee on government and finance"; to the Committee on the Judiciary then Finance.

By Delegates Manchin, Paxton, R. M. Thompson, Martin, Manuel and Beach:

H. B. 4522 - "A Bill to amend and reenact §18A-4-8 and §18A-4-8a of the code of West Virginia, 1931, as amended, all relating to salaries, wages and other benefits of school service personnel; adding a new licensed practical nurse classification; and setting the pay grade of licensed practical nurses"; to the Committee on Health and Human Resources then Finance.

By Delegates Michael, Doyle, G. White and Foster:

H. B. 4523 - "A Bill to amend and reenact §19-23-10 of the code of West Virginia, 1931, as amended, relating to allowing certain racing associations or licensees qualifying for an alternate tax, when conducting more than one racing performance a day, to increase the number of races each performance may have to thirteen, before it must pay both the daily license tax and the alternative tax"; to the Committee on the Judiciary then Finance.

By Delegates R. Thompson, Staton, Hrutkay, Caputo, Perdue and Webb:

H. B. 4524 - "A Bill to amend and reenact º33-2-16, º33-2-17 and º33-2-18 of the code of West Virginia, 1931, as amended, all relating to insurance generally; and, making the office of consumer advocacy independent of the insurance commissioner"; to the Committee on the Judiciary then Finance.

By Delegates R. M. Thompson and Perry:

H. B. 4525 - "A Bill to amend and reenact §37-15-3 of the code of West Virginia, 1931, as amended, relating to factory-built homes; the statutorily required written rental and occupancy agreement; and modification of the written requirements to permit a landlord to amend a rental agreement if the amendments do not conflict with the statute"; to the Committee on the Judiciary.

By Delegate Trump:

H. B. 4526 - "A Bill to amend and reenact §33-11-2, §33-11-3, §33-11-4, §33-11-5, §33-11-6, §33-11-7, §33-11-8 and §33-11-10 of the code of West Virginia, 1931, as amended, all relating to the Unfair Trade Practices Act; substituting the term 'party' for 'person' under the act in order to prevent individual insurance agents or adjusters from being personally named in lawsuits under the act"; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Trump, Blair, Duke, Faircloth and Overington:

H. B. 4527 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-24-1, §17C-24-2, §17C-24-3, §17C-24-4 and §17C-24-5, all relating to the regulation of all-terrain vehicles; definition of all-terrain vehicles; requiring the division of motor vehicles to provide and authorize safety training courses; requiring operators to complete a safety training course; prohibition of operation of all-terrain vehicles on public paved roads, streets or highways; exceptions to prohibition; requiring riders to wear a helmet; exemption for operation for farm use or farm activities; creating the criminal offense of trespass by an operator of an all-terrain vehicle upon private lands of another without written consent of owner or tenant of property; and providing criminal penalties for violations"; to the Committee on the Judiciary then Finance.

By Delegates Webster, Craig, Palumbo, Foster and Hatfield:

H. B. 4528 - "A Bill to amend and reenact §17C-6-7 of the code of West Virginia, 1931, as amended, relating to adding the laser speed gun as a device for measuring speeds"; to the Committee on the Judiciary.

By Delegates Webster, Palumbo, Foster, Hatfield and Amores:

H. B. 4529 - "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 decision making regarding the body of a deceased protected person"; 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:

Com. Sub. for H. B. 2914, Relating to the rehabilitation and liquidation of insurers subject to the regulatory authority of the West Virginia insurance commissioner,

Com. Sub. for H. B. 4250, Providing good faith protection for licensed psychologists and psychiatrists acting upon appointment by a court in child custody cases,

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

And,

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

On the passage of the bills, the yeas and nays were taken (Roll No. 134), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Coleman, Faircloth and Ferrell.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2914, Com. Sub. for H. B. 4250, Com. Sub. for H. B. 4266 and Com. Sub. for H. B. 4273) 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.

Com. Sub. for H. B. 4338, Providing for the issuance of special registration plates promoting education and using the special fee for the registration plates to fund transportation for school trips for academic purposes; on third reading, coming up in regular order, was reported by the Clerk.

Delegate Carmichael arose and asked unanimous consent that Com. Sub. for H. B. 4338 be removed from the Consent Calendar and placed upon the Special Calendar.

The Speaker stated that he would entertain this request and put the same only on this occasion, since the House Rules establish the order and placement of bills and resolutions upon the various calendars. He further stated, following consultation with the Clerk, that to alter this procedure, a suspension of the Standing Rules and Orders of the House is necessary.

Whereupon,

The Speaker then put the request of Delegate Carmichael, and there being no objection heard from any member of the House, the Standing Rules and Orders were suspended for the stated express purpose, and Com. Sub. for H. B. 4338 was ordered removed from the Consent Calendar placed on the Special Calendar for consideration at today's session.


Second Reading


Com. Sub. for S. B. 258, Relating to enforcement of domestic violence protective orders generally; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for H. B. 4156, Providing the West Virginia state police with the ability to define and draw DNA samples from convicted felons for the purpose of maintaining a DNA database; on second reading, coming up in regular order, was reported by the Clerk.

The Clerk announced that, pursuant to House Rule 70a, Delegate Manchin had requested Com. Sub. for H. B. 4156 be removed from the Consent Calendar and be placed upon the House Calendar.

Com. Sub. for H. B. 4434, Expanding the possible venues where a child neglect or abuse petition may be filed; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading


First Reading


The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

S. B. 449, Relating to elections generally,

Com. Sub. for H. B. 4044, Increasing the salary limit for the state superintendent's position,

Com. Sub. for H. B. 4053, Changing the rate of compensation of members of the state board of education,

Com. Sub. for H. B. 4271, Requiring all schools to permit students to self-administer asthma medication,

Com. Sub. for H. B. 4297, Clarifying that the county board of education and its superintendent may designate the places where competency testing for service personnel will be held,

And,

H. B. 4467, Relating to the payment of expert fees in child abuse and neglect cases.


Special Calendar

Unfinished Business


S. C. R. 11, Requesting Division of Highways name bridge crossing Ohio River on Route 35, "The Silver 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.

S. C. R. 15, Requesting Division of Highways name bridge on Route 33 East in Ripley, "McGinley 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.


Third Reading


S. B. 448, Relating to higher education advisory boards generally; on third reading, coming up in regular order, with a Committee amendment pending, was reported by the Clerk.

Debate having transpired on the Committee amendment, the Speaker then put the question, and on the adoption of the Committee amendment, as amended, Delegate Frederick demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 139), and there were--yeas 66, nays 27, absent and not voting 7, with the nays and absent and not voting being as follows:

Nays: Armstead, Ashley, Blair, Border, Calvert, Carmichael, Caruth, Duke, Ellem, Frederick, Frich, Leach, Leggett, Long, Louisos, Overington, Schadler, Schoen, Smirl, Sobonya, Sumner, Susman, R. Thompson, Trump, Walters, Webb and Yeager.

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell, Martin and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Committee amendment, as amended, was adopted.

The bill was then read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 140), and there were--yeas 79, nays 14, absent and not voting 7, with the nays and absent and not voting being as follows:

Nays: Armstead, Blair, Calvert, Carmichael, Caruth, Duke, Frederick, Frich, Long, Overington, Sumner, Walters, Webb and Yeager.

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell, Martin and Swartzmiller.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 448) passed.

An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:
S.B. 448 - "A Bill to repeal §18B-1A-8 of the code of West Virginia, 1931, as amended; to repeal §18B-1B-7 of said code; to repeal §18B-3C-7 of said code; to repeal §18B-6-1a, §18B-6-2a, §18B-6-3a, §18B-6-4a and §18B-6-4b of said code; to amend and reenact §18-2-1 of said code; to amend and reenact §18B-1-1a, §18B-1-2, §18B-1-3 and §18B-1-6 of said code; to amend and reenact §18B-1A-2, §18B-1A-4 and §18B-1A-5 of said code; to amend and reenact §18B-1B-1, §18B-1B-2, §18B-1B-4, §18B-1B-5 and §18B-1B-6 of said code; to amend and reenact §18B-2A-1 and §18B-2A-4 of said code; to amend and reenact §18B-2B-1, §18B-2B-2, §18B-2B-3, §18B-2B-4, §18B-2B-5, §18B-2B-6, §18B-2B-7 and §18B-2B-8 of said code; to amend and reenact §18B-2C-3 and §18B-2C-4 of said code; to amend and reenact §18B-3C-1, §18B-3C-2, §18B-3C-3, §18B-3C-4, §18B-3C-5, §18B-3C-6, §18B-3C-8, §18B-3C-9, §18B-3C-10 and §18B-3C-12 of said code; to amend and reenact §18B-4-1 and §18B-4-2 of said code; to amend and reenact §18B-5-4 of said code; to amend reenact §18B-6-1 of said code; to amend said code by adding thereto five new sections, designated §18B-6-2, §18B-6-3, §18B-6-4, §18B-6-5 and §18B-6-6; to amend and reenact §18B-7-1 of said code; to amend said code by adding thereto a new section, designated §18B-7-12; to amend and reenact §18B-9-1 and §18B-9-2 of said code; and to amend and reenact §18B-10-1 and §18B-10-2 of said code, all relating to education; higher education; post-secondary education; public education; goals for post-secondary education; public policy agenda; public policy responsibility expansion; institutions of higher education; vocational-technical-occupational education institutions; boards, councils, commissions and advisory groups; power, duty, authority, responsibility, accountability and ownership transfer and expansion; board and group abolishment and establishment; conforming structure of certain advisory groups; representation and membership expansion; meetings; certain expense clarification; certain term and term limit modifications; rule making authority expansion; consistency and cooperation among certain boards, council, commission and groups; emergency rule promulgation; jurisdiction transfer and expansion; compacts and master plans; compact review and approval authority; legislative financing goals; financing policy and budget authority expansion; certain grant duration reduction; higher education personnel; employee title modification; employee power, duty and responsibility modification and expansion; salary modification; employee reorganization; personnel benefit maintenance; certain employee and presidential employment modification; definitions; legislative findings; reports to the legislature; certain fee transfer; certain power withdrawal authorization; transfer of authority regarding certain higher education institution creation; district consortia elimination; community and technical college consortia districts established; consortia power, duties, responsibilities and operation; independent accreditation deadline modification; certain administrative, programmatic, and budgetary control transfer and expansion; service and fee requirement modification and limitation; purchasing and competitive bidding requirement modification; certain employee seniority and displacement authority modification; and certain obsolete provision elimination."

Delegate Staton moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 141), and there were--yeas 85, nays 8, absent and not voting 7, with the nays and absent and not voting being as follows:

Nays: Blair, Caruth, Duke, Frederick, Frich, Long, Sumner and Yeager.

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell, Martin and Swartzmiller.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 448) takes effect from its passage.

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

Delegate Martin submitted a statement to the Clerk that he was absent when the votes were taken on Roll Nos. 139, 140 and 141 and that had he been present, he would have voted "Yea" thereon.

Com. Sub. for H. B. 4001, Ensuring safer schools and empowering teachers by automating student suspension and expulsion data; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.

On motion of Delegates Mezzatesta, Spencer, Michael and Calvert, the bill was amended on page sixty, after the article heading, by inserting a new section to read as follows:
"§18A-2-12. Performance evaluations of school personnel; professional personnel evaluation process.


(a) The state board of education shall adopt a written system for the evaluation of the employment performance of personnel, which system shall be applied uniformly by county boards of education in the evaluation of the employment performance of personnel employed by the board.

(b) The system adopted by the state board of education for evaluating the employment performance of professional personnel shall be in accordance with the provisions of this section.

(c) For purposes of this section, 'professional personnel', 'professional' or 'professionals', means professional personnel as defined in section one, article one of this chapter.

(d) In developing the professional personnel performance evaluation system, and amendments thereto, the state board shall consult with the professional development project of the center for professional development created in section three, article three-a of this chapter. The center shall participate actively with the state board in developing written standards for evaluation which clearly specify satisfactory performance and the criteria to be used to determine whether the performance of each professional meets such standards.

(e) The performance evaluation system shall contain, but shall not be limited to, the following information:

(1) The professional personnel positions to be evaluated, whether they be teachers, substitute teachers, administrators, principals, or others;

(2) The frequency and duration of the evaluations, which shall be on a regular basis and of such frequency and duration as to insure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn: Provided, That for school personnel with five or more years of experience, who have not received an unsatisfactory rating, evaluations shall be conducted no more than once every three years unless the principal determines an evaluation for a particular school employee is needed more frequently: Provided, however, That a classroom teacher may exercise the option of being evaluated at more frequent intervals;

(3) The evaluation shall serve the following purposes:

(A) Serve as a basis for the improvement of the performance of the personnel in their assigned duties;

(B) Provide an indicator of satisfactory performance for individual professionals;

(C) Serve as documentation for a dismissal on the grounds of unsatisfactory performance; and

(D) Serve as a basis for programs to increase the professional growth and development of professional personnel;

(4) The standards for satisfactory performance for professional personnel and the criteria to be used to determine whether the performance of each professional meets such standards and other criteria for evaluation for each professional position evaluated. Effective the first day of July, two thousand three and thereafter, professional personnel, as appropriate, shall demonstrate competency in the knowledge and implementation of the technology standards adopted by the state board. If a professional fails to demonstrate competency, in the knowledge and implementation of these standards, he or she will be subject to an improvement plan to correct the deficiencies; and

(5) Provisions for a written improvement plan, which shall be specific as to what improvements, if any, are needed in the performance of the professional and shall clearly set forth recommendations for improvements, including recommendations for additional education and training during the professional's recertification process.

(f) A professional whose performance is considered to be unsatisfactory shall be given notice of deficiencies. A remediation plan to correct deficiencies shall be developed by the employing county board of education and the professional. The professional shall be given a reasonable period of time for remediation of the deficiencies and shall receive a statement of the resources and assistance available for the purposes of correcting the deficiencies.

(g) No person may evaluate professional personnel for the purposes of this section unless the person has an administrative certificate issued by the state superintendent and has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education training approved by the state board, which will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating. After the first day of July, one thousand nine hundred ninety-four, no person may be issued an administrative certificate or have an administrative certificate renewed unless the state board determines that the person has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education and training approved by the state board.

(h) Any professional whose performance evaluation includes a written improvement plan shall be given an opportunity to improve his or her performance through the implementation of the plan. If the next performance evaluation shows that the professional is now performing satisfactorily, no further action may be taken concerning the original performance evaluation. If the evaluation shows that the professional is still not performing satisfactorily, the evaluator either shall make additional recommendations for improvement or may recommend the dismissal of the professional in accordance with the provisions of section eight of this article.

(i) Lesson plans are intended to serve as a daily guide for teachers and substitutes for the orderly presentation of the curriculum. Lesson plans may not be used as a substitute for observations by an administrator in the performance evaluation process. A classroom teacher, as defined in section one, article one of this chapter, may not be required to post his or her lesson plans on the internet or otherwise make them available to students and parents nor to include in his or her lesson plans any of the following:

(1) Teach and reteach strategies;

(2) Write to learn activities;

(3) Cultural diversity;

(4) Color coding; or

(5) Any other similar items which are not required to serve as a guide to the teacher or substitute for daily instruction; and

(j) The Legislature finds that classroom teachers must be free of unnecessary paper work so that they can focus their time on instruction. Therefore, classroom teachers may not be required to keep records or logs of routine contacts with parents or guardians."

And,

By amending the enacting section to read as follows:

"That §18-2F-1, §18-2F-2, §18-2F-3, §18-2F-4, §18-2F-5, §18-2F-6, §18-2F-7, §18-2F-8 and §18-2F-9 of the code of West Virginia, 1931, as amended, be repealed; that §18-20-7 of said code be repealed; that §18-2E-5, §18-2E-5b and §18-2E-5c of said code be amended and reenacted; that §18-20-5 of said code be amended and reenacted; that §18A-2-12 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §18A-2-12a; and that §18A-5-1 and §18A-5-1a be amended and reenacted, all to read as follows" followed by a colon.

There being no further amendments, and having been engrossed, the bill was then read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 142), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell and Swartzmiller.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4001) passed.


On motion of Delegate Mezzatesta, the title of the bill was amended to read 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 and §18-2F-9 of the code of West Virginia, 1931, as amended; to repeal §18-20-7 of said code; 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 amend and reenact §18A-2-12 of said code; to 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; restricting publication of lesson plans; 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."

Delegate Staton moved that the bill take effect July 1, 2004.

On this question, the yeas and nays were taken (Roll No. 143), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell and Swartzmiller.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4001) takes effect July 1, 2004.

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

Com. Sub. for H. B. 4168, Requiring lenders to have the funds for mortgage loans available at the appropriate time; on third reading, coming up in regular order, was reported by the Clerk.

Delegate Staton then asked and obtained unanimous consent that the bill lie over one day.

Com. Sub. for H. B. 4282, Authorizing crossbow hunting for disabled persons; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 144), and there were--yeas 91, nays 3, absent and not voting 6, with the nays and absent and not voting being as follows:

Nays: Browning, Staton and Yeager.

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell and Swartzmiller.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4282) passed.

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

Com. Sub. for H. B 4338, Providing for the issuance of special registration plates promoting education and using the special fee for the registration plates to fund transportation for school trips for academic purposes, on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 145), and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting being as follows:

Nays: Carmichael.

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell and Swartzmiller.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4338) passed.

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

H. B. 4478, Lengthening the time period which county boards are required to publish a year-end financial statement; on third reading, coming up in regular order, was reported by the Clerk.

At the request of Delegate Trump, and by unanimous consent, the rule was suspended to permit the offering and consideration of an amendment on third reading.

On motion of Mr. Speaker, Mr. Kiss, and Delegate Trump, the bill was amended on page two, section three-a, line eight, by striking out the words "five hundred" and inserting in lieu thereof the words "two hundred fifty".

Having been engrossed, the bill was then read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 146), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell, Fleischauer and Swartzmiller.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4478) passed.

Delegate Staton moved that the bill take effect July 1, 2004.

On this question, the yeas and nays were taken (Roll No. 147), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell, Fleischauer and Swartzmiller.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4478) takes effect July 1, 2004.

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

H. B. 4479, Continuing the department of health and human resources; on third reading, coming up in regular order, was read a third time.

On the passage of the bill, the yeas and nays were taken (Roll No. 148), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell, Fleischauer and Swartzmiller.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4479) passed.

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

H. B. 4480, Continuing West Virginia's participation in the interstate commission on the Potomac River basin; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 149), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent And Not Voting: Brown, Campbell, Coleman, Faircloth, Ferrell, Fleischauer and Swartzmiller.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4480) passed.

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


Second Reading


Com. Sub. for H. B. 4364, Including division of forestry employees in the assault and battery statute with similar state personnel; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.


First Reading


Com. Sub. for H. B. 4257, Increasing the amount of prizes that may be given in the conduct of charitable raffles without a license; on first reading, coming up in regular order, was read a first time and ordered to second reading.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Coleman, Faircloth and Ferrell.


Miscellaneous Business


Delegate Frich asked and obtained unanimous consent that the remarks of Delegate Caruth regarding the amendment recommended by the Committee on Education to S. B. 448 be printed in the Appendix to the Journal.

Delegate Frederick also asked and obtained unanimous consent that his remarks and the remarks of Delegate Yeager regarding the amendment recommended by the Committee on Education to S. B. 448 be printed in the Appendix to the Journal.

Delegate Perry announced that he was absent on yesterday when the votes were taken on Roll Nos. 130 through 132, and that had he been present, he would have voted "Yea" thereon; and on Roll No.133, he would have voted "Nay" thereon.

Delegate Manchin announced that he was absent on February 12, February 13 and February 16, 2004, when the votes were taken on Roll Nos. 110 though 129, and that had he been present he would have voted "Yea" on Roll Nos. 110 through 125 and Roll No. 129 and "Nay" on Roll Nos. 126 through 128.

At 1:00 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Thursday, February 19, 2004.