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Friday, February 27, 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 26, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration:

H. C. R. 11, Requesting a study on the causes of the devastating flooding in southern West Virginia,

H. C. R. 29, Requesting the Division of Highways to name the bridge crossing the Elk River on State Route 4 south of Gassaway, the "Veterans Memorial Bridge",

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

H. C. R. 31, Requesting a study on the use of credit scoring being used as a factor in determining the amount of a premium charged for issuance of an insurance policy,

H. C. R. 43, Requesting a study proper and fitting activities to honor Abraham Lincoln on the occasion of the bicentennial anniversary of his birth,

S. C. R. 12, Declaring December, 2004, "Legislators Back to School Month",

S. C. R. 29, Requesting Division of Highways name bridge on Route 60 crossing Four Pole Creek "Colonel Justice M. Chambers Memorial Bridge",

And,

S. C. R. 32, Requesting West Virginia's congressional delegation to support amendments to and funding for No Child Left Behind Act and Individuals with Disabilities Education Act,

And reports the same back with the recommendation that they each be adopted.

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 Tabb, Williams, Paxton, Beach, Crosier, Swartzmiller and Long

H. B. 4669 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-3f, relating to providing for establishment of special five- year demonstration professional development school project; making certain findings; providing certain powers and duties of state superintendent with respect to project; requiring reports; and excluding requirement of specific appropriations."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4669) will be placed on the Consent Calendar.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
H. B. 4056, Increasing service of process fees and providing that the fees collected be deposited in the West Virginia deputy sheriff retirement fund,
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. 4056) will be placed on the Consent Calendar.

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.4352, Including certain commercial hunting, fishing and wildlife watching activities within the definition of recreational purposes for which landowner liability is limited,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4352) was referred to the Committee on the Judiciary.

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. 4497, Authorizing safety checks of boats by conservation officers,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4497) was referred to the Committee on the Judiciary.

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. 4561, Authorizing the director of the division of natural resources to allow nonresidents to train dogs for coon hunting,


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

Com. Sub. for H. B. 4561 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-5f, relating to authorizing the director of the division of natural resources to allow a nonresident to seasonally train dogs for coon hunting, if the nonresident's state reciprocates for West Virginia residents; and establishing the dog training season,"

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. 4561) to the Committee on the Judiciary was abrogated.

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. 4477, Increasing the issuance fees for hunting and fishing licenses,

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

Com. Sub. for H. B. 4477 - "A Bill to amend and reenact §20-2-32, §20-2-33, §20-2-34 of th code of West Virginia, 1931, as amended, relating to the issuance of hunting and fishing licenses and the amount of and disposition of fees,"

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. 4477) 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:

S. B. 52, Allowing motorcycle registration plates to be fastened in vertical position,

And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (S. B. 52) 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 (S. B. 52) will be placed on the Consent Calendar.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4455, Extending the term of the waste tire remediation funds,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for 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; and to amend said code by adding thereto a new section, designated §17-24-10, all relating to the waste tire remediation program; allowing balance in fund at end of fiscal year to be transferred to state road fund in certain circumstances; and continuation of the waste tire remediation program,"

H. B. 3189, Capital Company Act,

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

Com. Sub. for H. B. 3189 - "A Bill to amend and reenact §5E-1-8 of the code of West Virginia, 1931, as amended, relating to reducing the total tax credits available under the capital company act during the fiscal year beginning on the first day of July, two thousand four,"

H. B. 4009, Creating a position for a state Americans with disabilities coordinator within the department of administration,

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

Com. Sub. for H. B. 4009 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-11, relating to the creation of a position within the department of administration for the implementation and monitoring of a statewide program to assure compliance with 42 U.S.C. §12101, et seq., the federal Americans with Disabilities Act,"

And,

H. B. 4006, Increasing the vendor registration fee per fiscal year with a limited waiver provided,

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

Com. Sub. for H. B. 4006 - "A Bill to amend and reenact §5A-3-4 of the code of West Virginia, 1931, as amended, relating to increasing vendor registration fees within the division of purchasing for the maintenance and auditing of contracts entered into by the state and including lessors of real property as vendors for the purpose of this article,"

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. 4455, Com. Sub. for H. B. 3189, Com. Sub. for H. B. 4009 and Com. Sub. for H. B. 4006) will be placed on the Consent Calendar.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4123, Authorizing the supreme court of appeals to create a panel of senior magistrate court clerks,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4123 - "A Bill to amend and reenact §50-1-3, §50-1-8 and §50-1-9 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §50-1-9b, all relating to magistrate courts; modifying the criteria upon which magistrate, magistrate court clerk, and magistrate assistant salaries are based; authorizing the supreme court of appeals to create a panel of senior magistrate court clerks; granting authority to senior magistrate court clerks to fill certain vacancies; authorizing the supreme court of appeals to promulgate rules for senior magistrate court clerks; providing for reasonable compensation to senior clerks; providing for reimbursement of certain expenses incurred by senior clerks,"

H. B. 4284, Extending the eligibility to receive the five hundred dollar early retirement bonus for specific education personnel,

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

Com. Sub. for H. B. 4284 - "A Bill to amend and reenact §18A-2-2 of the code of West Virginia, 1931, as amended; and to further amend code by adding thereto a new section, designated §18A-2-14, relating to providing eligibility for an early notification of retirement for service personnel and specifying the amount,"

H. B. 4299, Modifying the West Virginia contractor licensing act and updating certain terms,

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

Com. Sub. for H. B. 4299 - "A Bill to amend and reenact §21-11-3, §21-11-4, §21-11-6, §21-11-12, §21-11-13, §21-11-15, §21-11-17 and §21-11-20 of the code of West Virginia, 1931, as amended, all relating to modifications to the West Virginia Contractor Licensing Act; by increasing the cost of the undertaking in the definition of a contractor; providing compensation for board members; increasing the penalty for failing to conspicuously display license; exempting certain work from licensure; decreasing the period that a lapsed license may be renewed; providing for an appeal of penalty for contracting without a license; and removal of references to the board in certain sections,"

And,

H. B. 2706, Relating to compensation paid to members of the education and state employees grievance board,

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

Com. Sub. for H. B. 2706
- "A Bill to amend and reenact §18-29-5 the code of West Virginia, 1931, as amended, relating to compensation paid to members of the education and state employee grievance board,"

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. 4123, Com. Sub. for H. B. 4284, Com. Sub. for H. B. 4299 and Com. Sub. for H. B. 2706) 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. 4382, Authorizing the governor to appoint an additional member to the surface mining board that represents the interests of labor,

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

Com. Sub. for H. B. 4382 - "A Bill to amend and reenact §22B-4-1 of the code of West Virginia, 1931, as amended, relating to authorizing the governor to appoint an additional member to the surface mine board that represents the interests of labor,"

With the recommendation that the committee substitute do pass.

Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

S. B. 268, Continuing division of motor vehicles,

S. B. 269, Continuing division of purchasing within department of administration,

And,

S. B. 324, Continuing division of personnel,

And reports the same back, by unanimous vote of the Committee, with the recommendation that they 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 (S. B. 268, S. B. 269 and S. B. 324) 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. 4008, Abolishing the insurance and retirement division and creating a new employee and insurance services division,

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. 4008) was referred to the Committee on Finance.

On motion for leave, a bill was introduced (Originating in the Committee on Finance 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 Michael, Doyle, Stalnaker, Boggs, Hall, G. White and Border:

H. B. 4670 - "A Bill to amend and reenact §11-24-3a of the code of West Virginia, 1931, as amended; and to further amend said code by adding thereto three new sections, designated §11- 24-7c, §11-24-7d and 11-24-13c, all relating generally to corporation net income tax; requiring additional adjustments to federal taxable income by certain corporations; authorizing tax commissioner to allocate income and deductions among taxpayers when necessary to properly reflect taxable income; allowing tax commissioner to require certain additional information from members of affiliated or controlled groups; and making technical changes and corrections."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4670) will be placed on the Consent Calendar.

On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title and referred to the Committee on Rules, as follows:
By Delegates Williams, Swartzmiller, Romine, Hamilton, Howard, Sumner, Paxton, Long, Stemple, Crosier, Poling, Perry, Wakim, Shaver, Renner, Sobonya, Tabb, Beach, Canterbury, Duke, Kuhn, Hartman, Shelton, Fragale and Mezzatesta:


H. C. R. 59 - " A Resolution requesting the Joint Committee on Government and Finance study the feasibility of utilizing juvenile detention centers at various locations across the state of West Virginia for the purpose of providing alternative education opportunities for those students for whom alternative education opportunities have been mandated."

Whereas, Alternative education opportunities are mandated for many students in West Virginia schools for the purpose of allowing students under disciplinary sanction to continue their education in controlled and safe settings; and

Whereas, There are a number of modern and professionally administered juvenile detention centers located throughout the state; and

Whereas, Several of these juvenile centers are located in such proximity to schools and residential areas in their respective counties to permit practical transport of those students enrolled in local alternative education programs to these centers; and

Whereas, The potential cost efficiency and safety benefits to the county school systems, the students involved and the local communities may prove to be considerable and warrant further study; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the feasibility, legality and fiscal ramifications of utilizing juvenile detention centers to house local alternative education programs where practicable; and, be it

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

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

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 Beach, Shaver, Renner, Poling, Williams, Perry and Swartzmiller:

H. B. 4714 - "A Bill to amend and reenact §18-2D-1 of the code of West Virginia, 1931, as amended, relating to community education; legislative findings and purpose; and clarifying that certain community education programs support public education."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4714) 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. 4323, Adding a new administrative assistant classification to school service personnel and setting the pay grade for the position,

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

Com. Sub. for H. B. 4323 - "A Bill to amend and reenact §18A-4-8 of the code of West Virginia, 1931, as amended, all relating to salaries, wages and other benefits of school service personnel; adding a new administrative assistant classification with a pay grade to be paid from county funds,"

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

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4323) 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. 4323) will be placed on the Consent Calendar.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 2950, Modernizing captive insurance law to remain competitive with states which presently contract such business,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2950 - "A Bill to amend and reenact §33-31-1, §33-31-2, §33-31-4, §33-31-5, §33-31-6, §33-31-7, §33-31-8, §33-31-9, §33-31-10, §33-31-11, §33-31-13, §33-31-14 and §33-31-15 of the code of West Virginia 1931, as amended; and to amend said code by adding thereto nine new sections, designated §33-31-17, §33-31-18, §33-31-19, §33-31-20, §33-31-21, §33- 31-22, §33-31-23, §33-31-24 and §33-31-25; and to amend said code by adding thereto a new article, designated §31-31A-1, §31-31A-2, §31-31A-3, §31-31A-4, §31-31A-5, §31-31A-6, §31-31A-7, §31- 31A-8 and §31-31A-9 all relating to captive insurance companies; authorizing establishment of and regulating branch captive insurance companies and sponsored cell captives; and generally modernizing the captive insurance law,"

H. B. 4516, Relating to the state conservation committee and conservation districts,

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

Com. Sub. for 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's supporting staff as the West Virginia conservation agency; and increasing the per diem rate for conservation supervisors,"

H. B. 4077, Eliminating the set-off against unemployment compensation benefits for persons receiving social security benefits,

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

Com. Sub. for H. B. 4077 - "A Bill to amend and reenact §21A-6-3 of the code of West Virginia, 1931, as amended, relating to unemployment compensation generally; and eliminating reductions in unemployment compensation for persons receiving benefits under Title II of the social security act,"

And,

H. B. 4452, Relating to the West Virginia state police retirement system,

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

Com. Sub. for H. B. 4452 - "A Bill to amend and reenact §15-2A-2 and §15-2A-6 of the code of West Virginia, 1931, as amended, all relating to the West Virginia state police retirement system; providing definitions for month of service and years of service; lowering the normal retirement age; and specifying starting date of annuity,"

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. 2950, Com. Sub. for H. B. 4516, Com. Sub. for H. B. 4077 and Com. Sub. for H. B. 4452) will be placed on the Consent Calendar.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
H. B. 4626, Providing a salary supplement for providers of medicaid eligible services in the public schools,

And reports the same back with the recommendation that it do pass.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4033, Authorizing the issuance of new parkway revenue bonds,

And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4033 - "A Bill to amend and reenact §17-16A-11 of the code of West Virginia, 1931, as amended, relating to authorizing the issuance of new parkway revenue bonds; establishing a ceiling on the aggregate outstanding principal amount of such parkway revenue bonds issued under such section from time to time outstanding, which shall not exceed one hundred eighty- three million dollars from time to time; and limiting effect of amendments to section,"

With the recommendation that the committee substitute do pass.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
Com. Sub. for H. B. 4130, Providing for the employment of a highly qualified and fully certified substitute teacher to perform the duties of a teacher who is in attendance of a meeting or professional development function held by or at the direction of the department of education,

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 (Com. Sub. for H. B. 4130) will be placed on the Consent Calendar.

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
H. B. 4453, Relating to the deputy sheriff's retirement system,

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

On motion for leave, a bill was introduced (Originating in the Committee on Finance 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 Michael, Boggs, Proudfoot, Ashley, Browning, G. White and Stalnaker:

H. B. 4671 - "A Bill to amend and reenact §15-2-43 of the code of West Virginia, 1931, as amended; and to amend and reenact §20-7-1d of said code, all relating to the disposal of law enforcement weapons when replaced due to routine wear."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4671) 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 Romine, Poling, Stemple, Williams, Renner, Fragale and Paxton:

H. B. 4737 - "A Bill to amend and reenact §18-7A-14b of the code of West Virginia, 1931, as amended, relating to providing options for members of teachers retirement to make contributions for periods of temporary total disability."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4737) will be placed on the Consent Calendar.

On motion for leave, a bill was introduced (Originating in the Committee on Finance 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 Michael, Boggs, Warner, Browning, Cann, H. White and G. White:

H. B. 4672 - "A Bill to amend and reenact §31B-12-1207 of the code of West Virginia, 1931, as amended, relating to calculation of workers' compensation premiums for members of limited liability companies; and clarifying that workers' compensation coverage is not required for a person who is a member solely as an investor."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4672) 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 Hartman, Perry, Stemple, Beach, Canterbury, Williams and Tabb:

H. B. 4738 - "A Bill to amend and reenact §18A-4-8 of the code of West Virginia, 1931, as amended, all relating to salaries, wages and other benefits of school service personnel; adding new class title positions for administrative assistant and cook IV to be paid from county funds equivalent to certain pay grades."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4738) 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. 4598, Restricting courts from requiring conditions on the out of home placement of children inconsistent with existing licensing regulations,

And,
H. B. 4604, Relating to the establishment of subpoena power for the secretary and the board of review of the department of health and human resources,

And reports the same back, by unanimous vote of the Committee, with the recommendation that they 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 (H. B. 4598 and H. B. 4604) 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. 4468, Allowing housing development authorities to pay for persons of eligible income the costs of preparation and recording of any title instrument, deed of trust, note or security instrument and the amount of impact fees imposed,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4468) 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. 4019, Prohibiting the division of motor vehicles' sale of personal information for bulk distribution of surveys, marketing and solicitations

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

Com. Sub. for H. B. 4019 - "A Bill to amend and reenact §17A-2A-4, §17A-2A-7 and §17A-2A-11 of the code of West Virginia, 1931, as amended, all relating to prohibiting the division of motor vehicles' sale of personal information for bulk distribution of surveys, marketing and solicitations,"

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. 4019) 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. 4377, Assessing a penalty on those physicians who fail to pay the special assessment,

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

Com. Sub. for H. B. 4377 - "A Bill to amend and reenact §30-3-12 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-20F-4, §33-20F-5 and §33-20F-7 of said code, all relating to physicians generally; permitting a physician who allows his or her medical license to expire upon retirement to retain the original wall license issued by the board of medicine; clarifying and correcting the premium taxes that the physicians' mutual insurance company will be subject to; amending provisions relating to the one-time assessment on physicians,"

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. 4377) 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. 4303, Relating to Gramm-Leach-Bliley and reciprocity,

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

Com. Sub. for H. B. 4303 - "A Bill to repeal §33-12-26 of the code of West Virginia, 1931, as amended; to amend and reenact §33-3-33 of said code; to amend and reenact §33-12-3, §33-12-8, §33-12-10, §33-12-11, §33-12-18, §33-12-23, §33-12-27, §33-12-28, §33-12-30, §33-12-31 and §33-12-32 of said code; to amend and reenact §33-12C-24 of said code; to amend and reenact §33- 37-1, §33-37-2, §33-37-3, §33-37-4, §33-37-6 and §33-37-7 of said code; and to amend said code by adding thereto a new section, designated §33-37-8, all relating to insurance generally; bringing provisions into compliance with Gramm-Leach-Bliley; eliminating the residency restriction reporting requirement for surplus lines licensees remitting the insurance policy surcharge; defining subjects of insurance for which a license is required; increasing continuing education requirements; allowing nonresidents to obtain a limited license for automobile rental coverage; licensing of managing general agents; providing for certain penalties for violations by managing general agents; requiring fees for licensor; eliminating renewal of service representative permits; repealing insurance vending machines; repealing and eliminating countersignature requirements, effective thirty-first day of December, two thousand; and, making technical corrections,"

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. 3106, Defining, developing and regulating the keeping of privately owned deer as an agricultural enterprise in this state,

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

Com. Sub. for H. B. 3106 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H- 14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; powers and duties of the department of agriculture; promulgation of rules; duties and obligation of the commissioner; application process; issuance, renewal, modification, and transfer of a license certificate; inspection of facilities; transition of current facilities; noncompliance with article and providing for certain criminal penalties and remedies,"

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. 3106) to the Committee on Finance was abrogated.

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. 4582, Limiting the division of labor elevator inspectors to inspection of elevators in state owned buildings,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4582) 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.'s 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4208, 4209 and 4210, Authorizing the Department of Health and Human Resources to promulgate legislative rules,

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

Com. Sub. for H. B. 4205 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the department of health and human resources to promulgate a legislative rule relating to eligibility standards for economic assistance from the James 'Tiger' Morton catastrophic illness fund; authorizing the division of health to promulgate a legislative rule relating to assisted living residences; authorizing the division of health to promulgate a legislative rule relating to cross connection and backflow prevention; authorizing the division of health to promulgate a legislative rule relating to the certification of backflow prevention assembly testers; authorizing the division of health to promulgate a legislative rule relating to the state-wide trauma/emergency care system; authorizing the division of health to promulgate a legislative rule relating to public water systems ; authorizing the division of health to promulgate a legislative rule relating to childhood lead screening; authorizing the division of health to promulgate a legislative rule relating to fees for services; authorizing the division of health to promulgate a legislative rule relating to residential board and care homes; and authorizing the division of health to promulgate a legislative rule relating to the birth defects information system,"

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. 4205) 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.'s 4199, 4200 and 4243, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,

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

Com. Sub. for H. B. 4200 - "A Bill to amend and reenact article 6, chapter 64 of the code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the fire marshal to promulgate a legislative rule relating to the certification of electrical inspectors; authorizing the fire marshal to promulgate a legislative rule relating to fees for licenses, permits, inspections, plans review and other services rendered; and authorizing the state police to promulgate a legislative rule relating to the career progression system,"
With the recommendation that the committee substitute do pass.
On motions for leave, bills were introduced (Originating in the Committee on Finance and reported by unanimous vote of the Committee, with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates Michael, Doyle, Anderson, Frederick, Foster, Cann and Carmichael:
H. B. 4739 - "A Bill to amend and reenact §4-11A-1, §4-11A-2 and §4-11A-3 of the code of West Virginia, 1931, as amended; all relating to legislative appropriation of tobacco settlement funds and strategic contribution funds,"
By Delegates Michael, Doyle, Campbell, Leach, Boggs, Stalnaker and Warner:
H. B. 4740
- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-12D-1, §29-12D-2 and §29-12D-3, all relating to the establishment, initial funding and operation of a patient injury compensation fund; creating a patient injury compensation fund; providing initial funding for the fund; specifying that the fund shall not be considered a defendant for certain actions and shall not be considered an insurer or insurance company under the code; providing that the fund shall be administered by the board of risk and insurance management; specifying certain powers and authority of the board in respect of the fund; providing that the assets of the fund shall be held in trust for their intended purposes, and managed and invested by the investment management board; requiring an annual audit of the fund by an independent actuary; providing that in no circumstance shall the state, the board, the investment board or any person or persons acting on their behalf be liable for the debts, liabilities or obligations of the fund; providing for payments from the fund to qualified claimants; providing limits on the amount on payment in respect of any occurrence; authorizing payments from the fund either in lump sums or in the form of periodic payments; authorizing the board to make payments from the fund in connection with the settlement of claims; establishing procedures for the payment of claims and settlement amounts; providing for proration of payments in a given fiscal year, in the event there are insufficient assets in the fund to make full payment of a claim or claims in such fiscal year; and authorizing the payment of reasonable attorney fees out of the fund as determined by the board of risk and insurance management,"
And,
By Delegates Michael, Doyle, G. White, Stalnaker and H. White:
H. B. 4741 - "A Bill to amend and reenact §29-22B-1101 of the code of West Virginia, 1931, as amended, relating generally to number and location of limited video lottery terminals; limiting number of video lottery terminals that certain fraternal societies and veterans' organizations may be authorized to have on the premises for which the license was issued; and permitting the relocation of video lottery terminals by certain fraternal societies and veterans' organizations under certain circumstances."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4739, H. B. 4740 and H. B. 4741) 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 26th 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:
(Com. Sub. for S. B. 258), Relating to enforcement of domestic violence protective orders generally,
And,
(S. B. 449), Relating to elections generally.
Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4420, Requiring health insurance plans to cover the cost of contraceptives for their participating members,
And reports the same back with the recommendation that it 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. 4420) to the Committee on Finance was abrogated.
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. 4523, Allowing certain racing associations or licensees qualifying for an alternate tax to increase the number of races each performance,
And reports the same back, without recommendation as to its passage, but that it be recommitted to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4523) was taken up for immediate consideration, read a first time, ordered to second reading and then recommitted to the Committee on the Judiciary.


Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4132, Relating to the West Virginia guaranteed work force program.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
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.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section three-a, line eight, following the word "laws", by inserting the words "and applicable building codes".
And,
By amending the title of the bill to read as follows:
H. B. 4308 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-11A-3a, relating to providing immunity from civil damages to a worker, contractor, engineer or architect, who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features in accordance with applicable building codes and state and federal laws."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 225), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Warner.
Absent And Not Voting: Coleman, Ennis and Faircloth.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4308) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
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. 89 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15-23, relating to water treatment plant sludge generally; and requiring promulgation of legislative rules to encourage beneficial use of water treatment plant sludge"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 148 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-10D-1, §11-10D-2, §11-10D-3, §11-10D-4, §11-10D-5, §11-10D-6, §11-10D-7, §11-10D-8, §11-10D-9, §11-10D-10, §11-10D-11, §11-10D-12 and §11-10D-13, all relating generally to granting persons who owe but have not paid one or more taxes administered under West Virginia tax procedure and administration act an amnesty period during which past-due taxes may be paid or payment agreements acceptable to tax commissioner executed; providing for waiver of additions to tax, money penalties and fifty percent of accrued interest on past-due taxes when taxes for which amnesty is granted are paid within one month after tax amnesty period closes or paid pursuant to payment agreements executed during amnesty period; prohibiting criminal prosecution for default for which tax amnesty is granted; providing for a penalty of twenty-five percent when person fails to take advantage of this amnesty program; setting forth legislative findings and declarations; establishing requirements of and exceptions and limitations to tax amnesty program; defining certain terms; authorizing tax commissioner to do all things necessary to implement two-month tax amnesty program during current calendar year, including, but not limited to, issuance of emergency legislative rules; suspending language of code that is inconsistent or conflicts with language creating tax amnesty program; and requiring tax commissioner to report certain information to Legislature and governor after conclusion of tax amnesty program"; which was referred to the Committee on Finance.
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, to take effect July 1, 2004, of
Com. Sub. for S. B. 209, Requiring review of certain state leases and purchases by joint committee on government and finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 320 - "A Bill to amend and reenact §17A-3-4 of the code of West Virginia, 1931, as amended, relating to the division of motor vehicles; application for a certificate of title; and modular homes, as defined, are not subject to the provisions of this section"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on and the passage, as amended by said report, of
Com. Sub. for H. B. 4022, Creating "The All-Terrain Vehicle Safety Regulation Act".


Resolutions Introduced

On motions for leave, Joint Resolutions were introduced, read by their titles and referred as follows:
By Delegates Mezzatesta, Michael, Beach, Tabb, Stalnaker and Long:
H. J. R. 111 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section twenty, article VI thereof, all relating to the seat of government; providing that the offices, agencies, departments, and any and all entities of the executive, legislative and judicial branches of state government may be located anywhere in the state as provided by law; designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Finance.
And,
By Delegates Sobonya, Overington, Howard, Calvert, Sumner, Frich and Carmichael:
H. J. R. 112 - Proposing an amendment to the Constitution of the State of West Virginia, by amending section 36, article VI thereof, relating to lotteries; placing a moratorium upon the authorization by the Legislature of lotteries utilizing new forms of gambling or gaming and upon the authorization of any new lotteries not previously authorized by general law; 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.


Petitions

Delegates Craig, Leach, Morgan, Smirl, Howard and Sobonya presented a petition, signed by two thousand one hundred thirty-three residents of the State, requesting that the Legislature include higher education faculty in the annual experience increment; 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 Mr. Speaker, Mr. Kiss, and Delegate R. M. Thompson:
H. B. 4673 - "A Bill to amend and reenact §48-29-303 of the code of West Virginia, 1931, as amended, relating to the liability of husband and wife for purchases and services; and providing that a husband and wife are liable for reasonable and necessary services of healthcare providers"; to the Committee on the Judiciary.
By Delegates Amores, Craig and Smirl:
H. B. 4674 - "A Bill to amend and reenact §27-5-2, §27-5-3 and §27-5-4 of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to institution of proceedings for involuntary custody for examination; custody; probable cause hearing; examination of individual; admission under involuntary hospitalization for examination; hearing; release; institution of final commitment proceedings; hearing requirements; and release"; to the Committee on the Judiciary.
By Delegates Armstead, Calvert, Walters, Overington and Webb:
H. B. 4675 - "A Bill to amend and reenact §18-2-9 of the code of West Virginia, 1931, as amended, relating to required courses of school instruction generally; instituting a 'Celebrate Freedom Week'; and requiring an in-depth instruction in the study of the Declaration of Independence and other founding American historical documents including the Bill of Rights"; to the Committee on Education.
By Delegates Armstead, Carmichael, Howard, Webb, Walters, Trump and Calvert:
H. B. 4676 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5F-1-5, relating to establishing a maximum number of employees allowed in a department or separate spending unit of the state, effective the first day of July, two thousand four; legislative findings; definitions; creating a method for departments or separate spending units which are required to create new positions or hire new employees by state or federal legislation or court order to not exceed the maximum number of employees allowed; emergency rule by division of personnel"; to the Committee on Government Organization then Finance.
By Delegates Beach, Perry and Swartzmiller:
H. B. 4677 - "A Bill to amend and reenact §17C-15-42 of the code of West Virginia, 1931, as amended, relating to motor vehicles generally; and prohibiting certain video monitors including certain navigation monitors forward of the driver's seat"; to the Committee on the Judiciary.
By Delegates Beane, Michael, Amores, G. White, DeLong, Staton and Doyle:
H. B. 4678 - "A Bill to amend and reenact §19-23-4 of the code of West Virginia, 1931, as amended, relating generally to the West Virginia racing commission; providing staggered terms for members of the racing commission; and making technical corrections"; to the Committee on Government Organization.
By Delegates Beane, Spencer, Caruth, Cann, Ashley and Michael:
H. B. 4679 - "A Bill to amend and reenact §5-22A-2, §5-22A-3, §5-22A-4, §5-22A-5, §5-22A-6, §5-22A-7, §5-22A-8, §5-22A-10, §5-22A-11, §5-22A-12 and §5-22A-15 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §5-22A-9a and §5-22A-9b, all relating to the design-build procurement act, definitions, invitation for qualifications, reimbursement of expenses for members of design-build board, duties of the design-build board, selection of most qualified design-builders, design-build proposals, content of proposals, stipend to be paid to unsuccessful bidders, acceptance of design-build proposals and termination of the design-build board"; to the Committee on Government Organization then Finance.
By Delegate Blair:
H. B. 4680 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-10, relating to prohibiting a business or organization from performing abortions in a public facility; and providing for a penalty"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Blair:
H. B. 4681 - "A Bill to amend and reenact §17C-3-7 of the code of West Virginia, 1931, as amended, relating to requiring the department of highways to implement a pilot project in Berkeley, Jefferson and Morgan counties involving the installation of flashing traffic signals between the hours of eleven o'clock p.m. and six o'clock a.m. at certain intersections in those counties; and, to maintain and report to the Legislature statistics on accidents occurring at those intersections"; to the Committee on Finance.
By Delegate Caruth (By Request):
H. B. 4682 - "A Bill to amend and reenact §59-1-10 of the code of West Virginia, 1931, as amended, relating to providing a fee to be charged to persons copying records in the county clerk's office by digital photography or means other than by employing the clerk's equipment"; to the Committee on the Judiciary.
By Delegates Caruth and Frich:
H. B. 4683 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-9-4, relating to attendance of officers and employees at official meetings of the municipal governing body or committees thereof which requires the presence of a quorum for the conduct of business"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Caruth (By Request) and Trump (By Request):
H. B. 4684 - "A Bill to amend and reenact §17A-7-1 of the code of West Virginia, 1931, as amended, relating to providing that companies performing contract repossession services for financial institutions may be issued temporary decals from the division of motor vehicles to operate or transport repossessed vehicles in the course of their business"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Ellem, Boggs, Hall, Overington and Pino:
H. B. 4685 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring medical facilities that provide abortions to warn women seeking an abortion of their increased risk of breast cancer"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Fleischauer, Beach, Houston, Caputo, Manchin, Kominar and Faircloth:
H. B. 4686 - "A Bill to amend and reenact §20-3-6 of the code of West Virginia, 1931, as amended, relating generally to forests and wildlife areas; and technical corrections"; to the Committee on the Judiciary.
By Delegates Fleischauer, Manuel, DeLong, Leggett, Stemple, Yeager and Kominar:
H. B. 4687 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-2A-6, relating to requiring the governing board of West Virginia University to maintain the competition rifle team program and the rifle range for a period of not less than three years pending a legislative study"; to the Committee on Education then Finance.
By Delegates Fleischauer, Manuel, Yeager, Stemple, Kominar, Faircloth and Trump:
H. B. 4688 - "A Bill to amend and reenact §18B-10-11 of the code of West Virginia, 1931, as amended, relating to authorizing West Virginia university rifle team donations; and creating special revenue account"; to the Committee on Education then Finance.
By Delegates Fleischauer, Susman, Manuel, R. Thompson, R. M. Thompson, Long and Kominar:

H. B. 4689 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-2A-6, relating to prohibiting the governing board of West Virginia university from eliminating the competition rifle team program"; to the Committee on Education then Finance.
By Delegates Frich, Walters, Romine and Calvert:
H. B. 4690 - "A Bill to amend and reenact §60-4-23 of the code of West Virginia, 1931, as amended, relating to regulating businesses offering exotic entertainment; authorizing the commissioner of the alcohol beverage control commission to license all businesses offering exotic entertainment; defining terms; regulating the conduct of performances; removing time periods in which application for license may be made; providing opportunity for public comment; establishing standards for approval of application; requiring commissioner to issue license if certain criteria are met; setting time limit in which decision on application must be rendered; providing for prompt judicial review; providing that exhaustion of administration remedies is not required; setting effective date; and directing commissioner to promulgate emergency rules"; to the Committee on the Judiciary then Finance.
By Delegates Hamilton, Poling, Hrutkay, Hatfield and Perdue:
H. B. 4691 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5U-1, §16-5U-2, §16-5U-3, §16-5U-4, §16-5U-5, §16-5U-6 and §16-5U-7, all relating to establishing the hospitals infection disclosure act requiring hospitals to disclose hospital-infection rates for the public"; to the Committee on the Judiciary.
By Delegates Hamilton, Smirl, Poling, Wakim, Hrutkay, Houston and Yost:
H. B. 4692 - "A Bill to amend and reenact §48-27-403 of the code of West Virginia, 1931, as amended, relating to juvenile perpetrators of domestic violence and providing for detention of certain juveniles when alternative placement is not appropriate"; to the Committee on the Judiciary.
By Delegate Howard:
H. B. 4693 - "A Bill to amend and reenact §5A-3-37 of the code of West Virginia, 1931, as amended, relating to increasing the resident vendor's bid ratio from two and one-half percent to five percent"; to the Committee on Government Organization then Finance.
By Delegates Iaquinta, Crosier, Talbott, Staton, Foster, Trump and Beane:
H. B. 4694 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-401a, relating to establishing threshold quantities of certain controlled substances to trigger prima facie evidence of intent to deliver if possessed by an individual"; to the Committee on the Judiciary.
By Delegates Louisos, Kuhn, Caputo, Browning, Fragale and Hatfield:
H. B. 4695 - "A Bill to amend and reenact §29-6A-4 of the code of West Virginia, 1931, as amended, relating to providing for a process in which to enlist binding arbitration in state employee grievance procedures"; to the Committee on the Judiciary then Finance.
By Delegate Morgan:
H. B. 4696 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5, §8-13C-6, §8-13C-7, §8-13C-8, §8-13C-9 and §8-13C-10; to amend and reenact §11-9-2, §11-9-3, §11-9-4, §11-9-5, §11-9-6, §11-9-8 and §11-9-10 of said code; and to amend and reenact §11-10-3 of said code, all relating to authorizing a qualifying municipality to impose a municipal occupational tax, a municipal sales and service tax and a use tax; responsibilities of tax commissioner relating to municipal sales and service tax and municipal use tax; application of other state tax laws; creation of qualifying municipal sales and service tax and use tax fund; tax rate in printed catalogs; limiting use of the proceeds of the taxes to application towards the unfunded liability of certain pensions; instances where qualifying municipality loses certain taxing authority; addressing conflicts and unconstitutionality; and imposing criminal penalties for certain violations relating to a municipal sales and service tax and a use tax"; to the Committee on Finance.
By Delegate Morgan (By Request): 
H. B. 4697 - "A Bill to amend and reenact §11-3-9 of the code of West Virginia, 1931, as amended, relating to exempting from taxation property used exclusively for retirement homes"; to the Committee on Finance.
By Delegates Morgan (By Request) and Leach (By Request):
H. B. 4698 - "A Bill to amend and reenact §17C-15-44 of the code of West Virginia, 1931, as amended, relating to prohibiting children under the age of eight on motorcycles, cotor-drive cycles and mopeds"; to the Committee on the Judiciary.
By Delegate Overington:
H. B. 4699 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5A-12, relating to exempting public works projects receiving federal assistance and subject to federal labor standards from the state prevailing wage laws"; to the Committee on the Judiciary then Finance.
By Delegate Overington:
H. B. 4700 - "A Bill to amend and reenact §3-8-5a of the code of West Virginia, 1931, as amended, relating to elections generally and lowering the threshold for reporting certain information about individuals, firms, associations or committees contributing to a campaign from two hundred fifty dollars to one hundred dollars"; to the Committee on the Judiciary.
By Delegates Overington, Calvert, Brown, Schadler, Smirl, Webb and Blair:
H. B. 4701 - "A Bill to amend and reenact §61-8-19a and §61-8-19b of the code of West Virginia, 1931, as amended, all relating to providing the same protection from animal fighting to all animals and extending the application of criminal penalties"; to the Committee on the Judiciary.
By Delegates Perdue, Beach, Fleischauer and Paxton:
H. B. 4702 - "A Bill to amend and reenact §46A-4-101 of the code of West Virginia, 1931, as amended, relating to prohibiting out-of-state lenders from making loans over the internet or by other means unless they are licensed in West Virginia or otherwise authorized by law"; to the Committee on the Judiciary.
By Perry, Pino, Stemple and Beach:
H. B. 4703 - "A Bill to amend and reenact §17C-5-4 and §17C-5-7 of the code of West Virginia, 1931, as amended, all relating to providing that law-enforcement officers may seek a warrant to draw blood from those arrested for driving under the influence to determine blood alcohol content when the arrested refuses to submit to a secondary chemical test"; to the Committee on the Judiciary.
By Delegates Perry, Shaver, Stemple, Crosier and Beach:
H. B. 4704 - "A Bill to amend and reenact §62-1A-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §62-1A-10, all relating to providing a statutory good faith exception evidence obtained during the execution of a search warrant, arrest warrant and capias, which is later determined to be invalid"; to the Committee on the Judiciary.
By Delegates Shaver and Williams:
H. B. 4705 - "A Bill to amend and reenact §18-5-44 of the code of West Virginia, 1931, as amended, relating to allowing certain rural counties with limited availability of day care facilities to continue providing early childhood education programs to three-year olds"; to the Committee on Education then Finance.
By Delegate Sobonya:
H. B. 4706 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-25-23a, relating to prohibiting account wagering and electronic betting"; to the Committee on the Judiciary.
By Delegates Swartzmiller, Kominar, Ennis, Mezzatesta, Varner, Cann and Michael:
H. B. 4707 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-16D-1, §5-16D-2, §5-16D-3, §5-16D-4, §5-16D-5, §5-16D-6, §5-16D-7, §5-16D-8 and §5-16D-9, all relating to development of a health coverage plan through the public employees insurance agency for persons who lose their jobs and health coverage because of the effects of international trade"; to the Committee on Finance.
By Delegate Trump:
H. B. 4708 - "A Bill to amend and reenact §24-6-6b of the code of West Virginia, 1931, as amended, relating to the wireless enhanced 911 fee; and adjusting the formula by which the public service commission distributes wireless enhanced 911 fees to the counties"; to the Committee on Finance.
By Delegates Tucker, Kuhn, Varner, Stemple, Staton, Yost and G. White:
H. B. 4709 - "A Bill to amend and reenact §47-1-20 of the code of West Virginia, 1931, as amended, relating to allowing the commissioner of labor to charge fees for laboratory services and calibrations by rule; establishing a special revenue account to be used by the division of labor for the enforcement of weights and measures statutes"; to the Committee on Finance.
By Delegate Webb:
H. B. 4710 - "A Bill to amend and reenact §46A-6G-1 of the code of West Virginia, 1931, as amended; and to further amend said code by adding thereto two new sections, designated §46A-6G-2a and §46A-6G-2b, all relating to electronic mail protection; defining additional terms; providing additional prohibitions relative to the dissemination of 'spam' on the internet; and, providing for damages against violators of the provisions of the article"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Staton and Varner:
H. B. 4711 - "A Bill to repeal §5B-2-8, §5B-2-9, §5B-2-l0, §5B-2-11 and §5B-2-12a of the code of West Virginia, 1931, as amended; to amend and reenact §5B-2-12 of said code; and to amend said code by adding thereto a new article, designated §5B-7-1, §5B-7-2, §5B-7-3, §5B-7-4, §5B-7-5, §5B-7-6, §5B-7-7, §5B-7-8, §5B-7-9, §5B-7-10, §5B-7-11, §5B-7-12, §5B-7-13, §5B-7-14, §5B-7-15, §5B-7-16, §5B-7-17, §5B-7-18, §5B-7-19, §5B-7-20, §5B-7-21, §5B-7-22 and §5B-7-23, all relating generally to creating a West Virginia tourism authority; providing for duties and powers; abolishing the tourism commission and the office of the tourism commissioner; transferring assets, liabilities and personnel to the new authority; providing for authority to issue tourism development bonds; and providing for uses and expenditures of moneys coming into the tourism promotion fund"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Mezzatesta, Michael, Beane, Kominar and Hall:

H. B. 4712 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-5, relating to higher education; institutions of higher education; and providing autonomy and operating flexibility to the institutions"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Trump, Amores, Caruth and Kominar:

H. B. 4713 - "A Bill to amend and reenact §23-4-2 of the code of West Virginia, 1931, as amended, relating to setting a 'clear and convincing' standard for determining whether an employer acted with 'deliberate intention' in causing a worker injury which would waive the employer's immunity from suit under workers' compensation provisions"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Fleischauer, Ellem, Hrutkay, R. M. Thompson and Amores:

H. B. 4715 - "A Bill to amend and reenact §61-3-23 of the code of West Virginia, 1931, as amended, relating to embezzlement by a fiduciary; adding the crime of embezzlement by misuse of a power of attorney; and enhancing the penalty when the victim is incapacitated or sixty-five years of age or older"; to the Committee on the Judiciary.
By Delegate Armstead:
H. B. 4716
- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3C-4a; and to amend and reenact §61-3C-7 and §61-3C-14a of said code, all generally relating to the computer crime and abuse act; making it a crime to knowingly and without authorization access any computer of the state or its subdivisions; and technical corrections"; to the Committee on the Judiciary.
By Delegates Blair and Carmichael:
H. B. 4717 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-18a; and to amend and reenact §4-2A-2, §4-2A-4, §4-2A-5, §4-2A-7 and §4-2A-8 of said code, all relating to requiring the Legislature to prepare a digest of the budget bill and distribute it; reducing interim compensation for legislative members; providing that reimbursement for expenses incurred by legislative members may only be paid for reasonable and necessary expenses; requiring members submit receipts for expenses claimed for legislative service; providing, with certain exceptions, that legislative members may not receive a per diem allowance for more than three days while engaged in the performance of duties during an extension of a regular session which is extended solely to consider the budget; restricting travel expenses to the continental United States; providing, with certain exceptions, that not more than five members of each house may be reimbursed for expenses for travel to any one event, seminar or conference; and providing that a legislative member may not be reimbursed for out-of-state travel more than once a year"; to the Committee on Finance.
By Delegates Blair, Overington, Faircloth, Duke, Trump, Tabb and Manuel:
H. B. 4718 - "A Bill to amend and reenact §20-7-25 of the code of West Virginia, 1931, as amended, relating to establishing a three-year pilot project in Berkeley County creating a volunteer litter reporting program"; to the Committee on the Judiciary then Finance.
By Delegates Boggs, Cann, Campbell, Michael and Staton:
H. B. 4719 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-6-1, §4-6-2 and §4-6-3, all relating to creating the joint commission on technology and advanced communications; providing for appointment of members of the Senate and House of Delegates to the commission; providing for the appointment of citizen members; meetings, periods of function, powers and duties of the commission; and the recommendation of guidelines"; to the Committee on Government Organization then Finance.
By Delegate Cann (By Request):
H. B. 4720 - "A Bill to amend and reenact §51-3-14 of the code of West Virginia, 1931, as amended, relating to expenses incurred in the cost of administering the court security fund; and deleting obsolete language"; to the Committee on the Judiciary.
By Delegates Caruth and Carmichael:
H. B. 4721 - "A Bill to amend the code of West Virginia, 1931, as amended by adding thereto a new section, designated §33-42-9, relating to requiring that every woman seeking an abortion be given the opportunity to see an ultrasound image of the fetus; prescribing a criminal penalty for violations of the section; and providing nothing in the section that can be construed as approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Fleischauer, Caputo, Webster, Susman, DeLong and Talbott:
H. B. 4722 - "A Bill to amend and reenact §11-22-2 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17A-3-4a, all relating to imposing a fee of twenty dollars on the transfer of real property in addition to the excise tax presently imposed on such transactions; imposing a fee of twenty dollars on the issuance of a certificate of title by the commissioner of the division of motor vehicles for the transfer of mobile homes subject to property tax under sections eleven or twelve, article five, chapter eleven of this code; and dedicating the revenues resulting from the transfer fees to the West Virginia affordable housing trust fund created in article eighteen-d, chapter thirty-one of this code; and authorizing up to ten percent of the moneys generated by the transfer fee to be expended by the West Virginia affordable housing trust fund for administrative and operating expenses"; to the Committee on Finance.
By Delegates Fleischauer, DeLong and Brown:
H. B. 4723 - "A Bill to amend and reenact §9-6-11 of the code of West Virginia, 1931, as amended, relating to reporting abuse and neglect of certain adults; and providing that the names of nonmandatory reporters may not be disclosed unless the reporter consents"; to the Committee on the Judiciary.
By Delegates Fleischauer, Hrutkay, Long, Mezzatesta, Staton, Calvert and Overington:
H. B. 4724 - "A Bill to amend and reenact §49-5D-2 and §49-5D-3 of the code of West Virginia, 1931, as amended, all relating to multidisciplinary teams for certain children involved in the court system; and adding statutory team members to investigative and treatment planning teams"; to the Committee on the Judiciary.
By Delegate Hatfield:
H. B. 4725 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-30, relating to creating the criminal offense of injury to a pregnant woman that results in miscarriage or stillbirth; specifying penalties for such offense; providing for escalating levels of punishment that are proportionate to the degree of violence involved and for when the offense involves criminal acts of domestic violence; defining terms; providing an exception; and providing that certain additional prosecutions and convictions are not barred"; to the Committee on the Judiciary.
By Delegates Hrutkay, Butcher, Wright, Ferrell and Kuhn:
H. B. 4726 - "A Bill to amend and reenact §20-2-7 of the code of West Virginia, 1931, as amended, relating to providing that a person is not guilty of trespassing or hunting without permission merely because the person's dog pursues an animal or wild bird onto another person's private or leased land; and providing that prior to pursuing a straying dog the person make reasonable efforts to notify the owner of the property of that person's intention to pursue the dog"; to the Committee on the Judiciary.
By Delegates Leach, Craig and Morgan:
H. B. 4727 - "A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to motor vehicle registration generally; providing for the issuance of a special Lions International membership license plate and assessing a special initial application fee and a special annual fee therefor"; to the Committee on Roads and Transportation then Finance.
By Delegates Spencer, Walters, Calvert, Palumbo, Hatfield and Brown:
H. B. 4728 - "A Bill to amend the code of West Virginia, 1931, as amended; by adding thereto §7-1-3oo; to amend and reenact §7-15-10 of said code; to amend and reenact §8-27-10 of said code; to amend and reenact §10-1-6 of said code; to amend and reenact §18-5-13, all relating to granting county commissions, emergency ambulance authorities, county boards of education, urban mass transit authorities, and the boards of directors of each county library, authority to enter into intergovernmental agreements with other county levying bodies to fund the collection of delinquent personal property taxes"; to the Committee on the Judiciary.
By Delegates Staton, Amores and Caruth:
H. B. 4729 - "A Bill to amend and reenact §24-2-4a of the code of West Virginia, 1931, as amended, relating to the public service commission's procedure for changing rates; and, clarifying that the public service commission may permit rates to become effective prior to the end of a suspension period"; to the Committee on the Judiciary.
By Delegates Sumner and Poling:
H. B. 4730 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-20-1e, relating to limiting the number of exceptional students in regular education classes"; to the Committee on Education.
By Delegates Trump, Caruth, Schoen, Overington, Hall, Sumner and Evans:
H. B. 4731 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to ensuring that medical workers have the right to refuse to participate in any abortion-related activity without fear of disciplinary action or dismissal; prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Walters:
H. B. 4732 - "A Bill to amend and reenact §18B-1B-4 of the code of West Virginia, 1931, as amended, relating to requiring the higher education policy commission to ensure that no person employed by any state institution of higher education, or who provides services to any state institution of higher education or to the higher education policy commission, performs or participates in or instructs students in how to perform any abortion or abortion procedure; and creating a criminal penalty for persons who are employed by any state institution of higher education, or who provide services to any state institution of higher education or to the higher education policy commission from performing or participating in or instructing students in how to perform any abortion or abortion procedure"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Webb, Armstead, Walters, Stemple, Calvert and Amores:
H. B. 4733 - "A Bill to amend and reenact §49-5-17 of the code of West Virginia, 1931, as amended, relating to making juvenile records open for public inspection when the juvenile has been charged with or convicted of an offense involving violence against another; and authorizing the release of the juvenile's name and the offense he or she is charged with or convicted of that involves violence against another upon a written or oral request"; to the Committee on the Judiciary.
By Delegates Webb, Webster and Amores:
H. B. 4734 - "A Bill to amend and reenact §8-11-1 of the code of West Virginia, 1931, as amended, relating to providing that municipalities are free of legal prohibitions to raise fines for municipal ordinance violations, with the only restriction being that the amount of the fine be reasonable"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Yost:
H. B. 4735 - "A Bill to amend and reenact §18-9-1 and §18-9-2 of the code of West Virginia, 1931, as amended, all relating to school levies and providing that school levy elections may be held during a primary election"; to the Committee on Education then the Judiciary.
By Delegates Frich, Hamilton and Trump:
H. B. 4736 - "A Bill to amend and reenact §18B-10-1 of the code of West Virginia, 1931, as amended, relating to fees and other money collected at state institutions of higher learning; financing the West Virginia University rifle team with the support of the student body"; to the Committee on Education 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. 4252, Allowing the purchase of up to four years of CETA time in the teachers retirement system,
H. B. 4280, Making available to retired participants in PEIA the optional dental, vision, and audiology and hearing-aid services insurance plans that are available to current participants,
H. B. 4339, Clarifying the imposition of consumers sales and service tax on purchases made by providers of professional or personal services,
H. B. 4403, Repealing the requirement of affidavits acknowledging receipt of compensation,
And,
H. B. 4500, Permitting attorneys to act as surety on a fiduciary bond if they are not representing a participant in the estate or trust.
On the passage of the bills, the yeas and nays were taken (Roll No. 226), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Ennis and Faircloth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 4252, H. B. 4280, H. B. 4339, H. B. 4403 and H. B. 4500) 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

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. 2366, Requiring health benefit plans to issue uniform prescription drug information cards or technology,
Com. Sub. for H. B. 2423, Awarding high school diplomas to certain veterans,
Com. Sub. for H. B. 4027, Establishing a voluntary environmental excellence program ,
H. B. 4158, Providing a procedure for removing property from the state's inventory of removable property,
Com. Sub. for H. B. 4193, DEP--Waste Management, hazardous waste management rule,
Com. Sub. for H. B. 4211, Highways, use of state road rights-of-way and adjacent areas,
Com. Sub. for H. B. 4291, Continuing education requirements for licensed healthcare professionals on the subject of end-of-life care training,
Com. Sub. for H. B. 4334, Creating the joint commission on technology and advanced communications,
Com. Sub. for H. B. 4379, Changing the representation of the board of registered professional nurses,
Com. Sub. for H. B. 4388, Creating new misdemeanor and felony offenses and associated penalties related to the possession, creation and use of original, duplicated, altered or counterfeit retail sales receipts and universal product code labels with the intent to defraud,
Com. Sub. for H. B. 4501, Creating exemptions from the consumers sales and services tax for e-commerce vendors and other high technology businesses,
Com. Sub. for H. B. 4517, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof,
H. B. 4557, Deleting the specified year of the funding appropriated to provide the pay equity adjustment,
Com. Sub. for H. B. 4559, Providing urban mass transportation authorities expanded competitive procurement procedures for the purchase of supplies, equipment and materials,
H. B. 4560, Requiring that firefighters and security guards employed by the adjutant general of the national guard be members of the national guard,
H. B. 4576, Creating a voluntary checkoff on state income tax returns to donate refunds to family literacy program,
H. B. 4622, Repealing the section of the code relating to the exemption of lottery prizes from taxation,
And,
H. B. 4623, Repealing the section of the code relating to expenditure of excess in collections upon approval of governor.
H. B. 4624, Relating generally to tax increment financing; on second reading, coming up in regular order, was reported by the Clerk.
The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested H. B. 4624 be removed from the Consent Calendar and be placed upon the House Calendar.
H. B. 4627, Honoring academic performance of West Virginians graduating from U.S. military academies; on 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:
H. B. 2132
, Providing retirement service credit to teachers at private colleges and universities,
H. B. 4003, Adjusting the age for members of the West Virginia state police retirement system,
H. B. 4103, Eliminating any reduction in the benefit of a state police officer who is disabled on the job when the officer attains the age of fifty-five,
H. B. 4587, Including persons who are members or consultants to review organizations within the definition of health care professionals for peer review purposes,
H. B. 4596, Allowing municipal police and fire pension plans to use the actuarial examination by the State in lieu of obtaining its own actuary,
H. B. 4603, Providing that rights of deceased retired participants to interest is to be included in the calculation of terminal benefits payable,
And,
H. B. 4668, Providing a supplemental pension benefit to certain retired members of the public employees retirement system and the teachers retirement system.


Special Calendar

Unfinished Business

H. C. R. 27, Requesting the Division of Highways to name the bridge crossing the West Fork River at Enterprise, the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge"; on unfinished business, coming up in regular order, 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. 32, Erecting a plaque dedicating the "Bowers Bridge", located at Mannington in Marion County, to Herbert "Pete" Bonnell, Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter; on unfinished business, coming up in regular order, 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.


* * * * * * * * * *

Today being Friday, the House of Delegates proceeded to the consideration of business on the Local Calendar.


Local Calendar

First Reading


H. B. 4456, Extending the time for the Harrison County commission to submit a proposed levy to the Harrison County voters for approval or rejection intended to finance vital public services; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 232), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Ennis and Faircloth.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 233), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Ennis and Faircloth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4456) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 234), 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: Coleman, Ennis, Faircloth and Kuhn.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4456) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4464, Extending the time for the county commission of Cabell County to present to the voters an election to consider an excess levy for fire protection services, firefighting training and economic development; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 235), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Ennis and Faircloth.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 236), 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: Coleman, Ennis, Faircloth and Susman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4464) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 237), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Coleman, Ennis and Faircloth.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4464) 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.


* * * * * * * * * *

The Local Calendar having been disposed of, the House of Delegates proceeded to consideration of business on the Special Calendar.


Special Calendar

-Continued-

Third Reading

Com. Sub. for H. B. 4031, Increasing the salaries of supreme court of justices, circuit court judges and family court judges; on third reading, coming up in regular order, was read a third time.
Delegate Schoen requested to be excused from voting on the passage of Com. Sub. for H. B. 4031 under the provisions of House Rule 49, stating that her brother is a circuit court judge in Putnam county and that she could possibly be affected by the passage of the bill.
The Speaker refused to excuse the Lady from voting, stating that she did not demonstrate a direct personal or pecuniary interest which would be derived therefrom.
Delegate Louisos requested to be excused from voting on the passage of H. B. 4031 under the provisions of House Rule 49 stating that he was involved in a legal case and that his vote could possibly be perceived as an attempt to influence the outcome of that case.
The Speaker declined to excuse the gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
At 11:10 a.m., on motion of Delegate Staton, the House of Delegates recessed for fifteen minutes and reconvened at that time.
On the passage of the bill, the yeas and nays were taken (Roll No. 238), and there were--yeas 63, nays 33, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Blair, Boggs, Border, Calvert, Cann, Canterbury, Carmichael, Doyle, Duke, Evans, Foster, Frich, Hamilton, Hartman, Iaquinta, Leggett, Louisos, Mahan, Overington, Pethtel, Romine, Schadler, Schoen, Sobonya, Spencer, Stalnaker, Stemple, Sumner, Susman and Talbott.
Absent And Not Voting: Coleman, Ennis, Faircloth and Houston.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4031) 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. 4107, Allowing licensees of charitable bingo and raffle games to transfer game proceeds between their bingo and raffle operations; 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. 239), and there were--yeas 87, nays 8, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Brown, Overington, Schoen, Sobonya, Walters and Webb.
Absent And Not Voting: Coleman, Ennis, Faircloth, Long and Staton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4107) passed.
Delegate Varner moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 240), and there were--yeas 87, nays 9, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Calvert, Louisos, Overington, Schoen, Sobonya, Walters and Webb.
Absent And Not Voting: Coleman, Ennis, Faircloth and Staton.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4107) 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.
Com. Sub. for H. B. 4166, Removing the description requirements in deeds for easements and rights-of-way for mineral leases ; on third reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H. B. 4166 under the provisions of House Rule 49 stating that he works for a law firm that handles certain cases that could be affected by the passage of the bill.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
Unanimous consent having been obtained, and due to technical reasons, the use of the voting machine was dispensed with and a viva voce vote was taken on the passage of the bill.
The question having been put by the Speaker, the bill was then passed.
Delegate Border registered a "Nay" vote with the Clerk.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4601, Relating to public education generally; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegates Mezzatesta and Michael and the Speaker, the bill was amended on page ten, section two, article nine-d, chapter eighteen, subdivision (8), line seventy-six, following the words "date of this section" and the period, by inserting a new sentence to read as follows: "Any appropriation or allocation of appropriation of the revenues described in this section that is made by the Legislature pursuant to this article for fiscal years beginning on and after the first day July, two thousand five, shall be for the purpose of school facility capital improvements."
And,
On page ten, section two, article nine-d, chapter eighteen, subdivision (8), line seventy-six, following the words "Any future pledge of revenues", by inserting the words "by the school building authority".
Having been engrossed, the bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 242), and there were--yeas 75, nays 20, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Blair, Border, Calvert, Canterbury, Carmichael, Duke, Ellem, Evans, Leggett, Overington, Romine, Schadler, Sobonya, Sumner, R. Thompson, Wakim, Walters and Webb.
Absent And Not Voting: Coleman, Ennis, Faircloth, Staton and Susman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4601) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 243), and there were--yeas 89, nays 6, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Canterbury, Carmichael, Evans, Overington, Schadler and Wakim.
Absent And Not Voting: Coleman, Ennis, Faircloth, Staton and Susman.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4601) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.


Second Reading

The following bills on second reading, coming up in regular order, were, on motion of Delegate Varner, laid over one day:
Com. Sub. for H. J. R. 2, Pet Animal Neutering and Spaying Amendment,
H. J. R. 108, Survivors' Education Amendment,
Com. Sub. for H. B. 4005, Creating a special revenue fund for the operation of the education and state employees grievance board,
Com. Sub. for H. B. 4067, Modifying and updating auctioneer licensing requirements, fees and continuing education,
Com. Sub. for H. B. 4342, Exempting prescription drugs and insulin from the consumers sales tax when sold to patients,
And,
Com. Sub. for H. B. 4574, Providing a funding in personal finance for secondary school students.


First Reading

The following bills on first reading, coming up in regular order, were, on motion of Delegate Varner, laid over one day:
Com. Sub. for H. B. 3118, Increasing the salary of public service district board members,
Com. Sub. for H. B. 4018, Authorizing the issuance of grant waivers to sparsely populated counties for relief from the ratio limitations on state funding of professional educators,
And,
H. B. 4625, Authorizing the tourism commission the use of the tourism promotion fund to support the 2004 Pete Dye West Virginia Classic.


Leaves of Absence

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


Miscellaneous Business

Delegate Houston announced that she was absent when the vote was taken on Roll No. 238, and that had she been present, she would have voted "Nay" thereon.
At 121:41 p.m., on motion of Delegate Varner, the House of Delegates adjourned until 10:00 a.m., Monday, March 1, 2004.