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Friday, February 6, 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 5, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


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

Your Committee on Finance has had under consideration:
H. B. 4011, Bringing the West Virginia personal income tax act into conformity with the federal income tax,

And,

H. B. 4012, Bringing the West Virginia corporate income tax act into conformity with the federal income tax,

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. 4011 and H. B. 4012) 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. 4284, Extending the eligibility to receive the five hundred dollar early retirement bonus for specific education personnel,

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 Finance.

In accordance with the former direction of the Speaker, the bill (H. B. 4284) was referred to the Committee on Finance.

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

Your Committee on Government Organization has had under consideration:

H. B. 4086, Including Gulf War and Afghanistan conflict veterans on the veterans' council,

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

Com. Sub. for H. B. 4086 - "A Bill to amend and reenact §9A-1-2 and §9A-1-3 of the code of West Virginia, 1931, as amended, all relating to including Gulf War and Afghanistan conflict veterans on the veterans' council,"

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. 4086) 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. 4134, Substituting the governor's chief technology officer as a member of the employee suggestion award program,

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

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


H. B. 4350 - "A Bill to amend and reenact §15-2-50 the code of West Virginia, 1931, as amended, relating to continuation of the West Virginia state police,"

And,
By Delegates Beane, Ennis, Iaquinta, Manchin, Manuel, Yost and Leggett:


H. B. 4351 - "A Bill to amend and reenact §17-24-6 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated section §17-24-10, all relating to continuation of the waste tire remediation program."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4350 and H. B. 4351) 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. 4236, Psychologists, fees,

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 the Judiciary.

In accordance with the former direction of the Speaker, the bill (H. B. 4236) was referred to the Committee on the Judiciary.

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, Boggs, Warner, Border, R. M. Thompson, H. White and Proudfoot:


H. B. 4348 - "A Bill expiring funds to the treasurer's office - banking services fund 1322, fiscal year 2004, organization 1300, for the fiscal year ending June 30, 2004, in the amount of $4,400,000 from the treasurer's office - unclaimed property trust fund, fund 1342, fiscal year 2004, organization 1300,"

And,

By Delegates Doyle, Campbell, Boggs, Stalnaker, Houston, Anderson and G. White:

H. B. 4349 - "A Bill to amend and reenact §11-15-9 of the code of West Virginia, 1931, as amended; to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-15, 11-15B-30, 11-15B-32 and §11-15B-36 of said code; and to further amend said article 15B by adding thereto two new sections, designated §11-15B-19 and §11-15B-20, all relating generally to consumers sales and service tax; clarifying that exemption from tax for durable medical goods, mobility enhancing equipment and prosthetic devices purchased with prescription was not intended to be repealed when house bill 3014 was enacted during the 2003 regular session of the Legislature; deleting language made obsolete when that bill was enacted; making technical corrections in streamlined sales and use tax administration act; updating certain definitions used in that act; providing sourcing rules and definitions for telecommunications services and retail floral sales based on streamlined sales and use tax agreement; clarifying application of hold harmless rule; deleting obsolete language; and specifying effective date."

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4348 and H. B. 4349) 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. 3150, Barring state officers, agencies or entities from requiring that surety, payment, performance or bid bonds be obtained from any particular company,

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. 3150) 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. 4269, Establishing the offense of setting fires in a public right of way as arson in the fifth degree,

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

Com. Sub. for H. B. 4269 - "A Bill to amend the code of West Virginia, 1931, as amended by adding thereto a new section, designated §61-3-6a, relating to establishing the offense of setting fires in a public right-of-way or road; providing a criminal penalty for violations; and providing for enhanced penalties for subsequent violations,"

With the recommendation that the committee substitute do pass.


Messages from the Executive


Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Public Port Authority, in accordance with section six, article sixteen-b, chapter seventeen of the code; which was filed in the Clerk's Office.

Mr. Speaker, Mr. Kiss, presented the Quarterly Debt Position report of the West Virginia State Treasurer's Office for the Second Quarter, Fiscal Year 2004, in accordance with section twenty-three, article one, chapter four of the code; which was filed in the Clerk's Office.


Messages from the Senate


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

Com. Sub. for S. B. 251 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5F-1, §21-5F-2, §21-5F-3, §21-5F-4 and §21-5F-5, all relating to providing requirements and limitations for mandatory nurse overtime in hospitals; providing legislative findings and purposes; defining terms; providing for certain requirements and limitations for hospital overtime; limiting number of hours worked in a day; providing exceptions to overtime limitations; providing that the division of labor enforce article; providing that this article does not amend other acts; and providing administrative procedures and penalties"; which was referred to the Committee on the Judiciary.


Resolutions Introduced


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

H. C. R. 22 - "Requesting the West Virginia Legislature review, examine and study the statutory means by which West Virginians of indigenous descent who do not meet the current criteria for federal acknowledgment as American Indians may be given separate recognition as Metis."

Whereas, There are thousands of people of American Indian descent who are living in West Virginia; and

Whereas, These descendants may have hidden their true identities out of fear of persecution and prejudice; and

Whereas, These people were denied religious freedoms afforded federally recognized American Indians, even when they may have desired it; and

Whereas, These persons may have suffered the same torments visited upon other indigenous people because of their heritage or affiliations but were, and are currently, denied the recognition and religious freedom afforded the status of American Indian tribes and nations. Those people are now coming forward to claim recognition and religious freedom because of increasing cultural awareness among Americans who self-identify as Metis; and

Whereas, Our society has failed to provide a clear and concise manner by which these descendants, some of whom extract their heritage from three or more ethnicities, can be identified as a distinct subculture, Metis; and

Whereas, There are groups and communities of descendants of indigenous people in our state who have created and maintained cultures that are distinctively theirs alone, who have made cultural contributions to the overall rich heritage of West Virginia, and who are striving to preserve and foster their traditional culture and religious ways of life; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature is hereby requested to officially recognize those people of American Indian descent who are of mixed blood Metis; and, be it

Further Resolved, That Metis is defined as someone who: (a) Self identifies as Metis; (b) is distinct from American Indians; and (c) is accepted by the Metis community; and, be it

Further Resolved, That the Legislature is further requested to review and examine the statutory means by which West Virginians of indigenous descent who do not meet the current criteria for federal acknowledgment may be given formal recognition as Metis; and, be it

Further Resolved, That the Joint Committee on Government and Finance or such other committee as the House finds appropriate 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 prepare a report and to draft necessary legislation be paid from legislative appropriations to the appropriate committee.

Delegates Howard, Smirl and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 23 - "Requesting the Division of Highways to name the bridge, located approximately one mile east of the Huntington Mall on Route 60, the 'George Adam Floding Bridge' in memory of the man who constructed the Blue Sulphur Springs Hotel near the same site where the bridge to be named is located."

Whereas, George Adam Floding, was the founder of Blue Sulphur where he constructed the Blue Sulphur Springs Hotel; and

Whereas, The Blue Sulphur Springs Hotel held its grand opening on July 4, 1885, during a time when no other development had occurred in the area; and

Whereas, The hotel, constructed by Mr. Floding, was a grandly ornate three story structure with a veranda on each floor where persons from as far away as Cincinnati, Ohio, (a faraway place relative to the modes and routes of travel that existed at the time) traveled for pleasure, social life and the perceived health benefits of the sulphur springs; and

Whereas, While the old hotel constructed by Mr. Floding no longer exists, the community of Blue Sulphur has blossomed with the development of many housing developments; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is requested to name the bridge located approximately one mile east of the Huntington Mall on Route 60, the "George Adam Floding Bridge" in memory of the man who founded the community of Blue Sulphur and who constructed the Blue Sulphur Springs Hotel near the same site where the bridge is located; and, be it

Further Resolved, That the Commissioner of Highways is hereby requested to erect at each entrance to the bridge a sign designating the bridge as "The George Adam Floding Bridge"; and, be it

Further Resolved, That the Clerk is hereby directed to provide a copy of this resolution to the Commissioner of Highways and the Cabell County Commission.


Bills Introduced


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

By Mr. Speaker, Mr. Kiss:

H. B. 4328 - "A Bill to repeal §29-21-13 and §29-21-13a of the code of West Virginia, 1931, as amended; and to amend and reenact §29-21-3, §29-21-6, §29-21-8, §29-21-9, §29-21-10, §29-21-11 and §29-21-12 of said code, all relating to public defender services; continuing public defender services; creating the indigent defense commission; specifying members and their terms; transferring powers and duties of agency to the executive director; authorizing the executive director to reduce or reject vouchers; removal of public defender corporation board members; activation of corporations; permitting the employment of both full-time and part-time attorneys; changing the manner of appointment of panel attorneys; removing the sections relating to public defender corporations' funding; requiring corporations to submit budget; amending funding contracts; payment of fees to panel attorneys; requiring services provided to public defender corporations; authorizing imposition of administrative service fee on vouchers by executive director; and creating a special revenue account for the fees"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Caputo, Browning, Warner, Staton, Amores and Carmichael:


H. B. 4329 - "A Bill to amend and reenact §15-2-25 of the code of West Virginia, 1931, as amended, relating to permitting a retired member of the state police to carry a concealed weapon for the life of the member"; to the Committee on the Judiciary.

By Delegates Beane, Butcher, Ferrell, Yeager, Blair, Romine and Schoen:

H. B. 4330 - "A Bill to repeal §16-5-12a, §16-5-12b, §16-5-18a and §16-5-18b of the code of West Virginia, 1931, as amended; to amend and reenact §16-5-1, §16-5-2, §16-5-3, §16-5-4, §16- 5-5, §16-5-6, §16-5-7, §16-5-8, §16-5-9, §16-5-10, §16-5-11, §16-5-12, §16-5-13, §16-5-14, §16-5- 15, §16-5-16, §16-5-17, §16-5-18, §16-5-19, §16-5-20, §16-5-21, §16-5-22, §16-5-23, §16-5-24, §16-5-25, §16-5-26, §16-5-27, §16-5-28, §16-5-29, §16-5-30, §16-5-31, §16-5-32, §16-5-33, §16-5- 34, and §16-5-35 of said code; and to amend said code by adding thereto three new sections, designated §16-5-36, §16-5-37 and §16-5-38, all relating to vital records; defining terms; establishing section of vital statistics within the bureau for public health; authorizing legislative rules; authorizing the appointment of a state registrar; delineating duties and powers of state registrar; authorizing registration districts; authorizing appointment and removal of local registrar and deputy local registrars; delineating duties of local registrars and deputy local registrars; authorizing state registrar to approve document forms; requiring the filing of certificates of birth; establishing criteria for paternity to be indicated on birth certificate; allowing for amendment of birth records; requiring the reporting of specified birth defects; requiring notations of missing children on birth records; requiring reporting of infants of unknown parentage; providing for delayed registration of births; providing for establishment of facts of birth through judicial procedure; requiring courts to report adoptions, annulments of adoptions or amendments of orders of adoptions; requiring courts to report paternity determinations; providing for new birth certificates following adoption, legitimation, or paternity acknowledgment or determination; requiring reporting of death and fetal death; providing for delayed registration of death; authorizing disposition, disinterment and reinterment permits; authorizing corrections and amendments to vital records; authorizing reproduction and disposal of vital records; providing for disclosure of information for research purposes; providing for issuance of certified copies of vital records; authorizing fees for copies and record searches; setting forth duties to keep records and furnish vital information; authorizing registrar to match birth and death records; limiting use of social security numbers; authorizing the establishment of system of registering records of marriage, divorce and annulment; requiring reporting of marriages, divorces and annulments; providing penalties for violations; and continuing the section of vital statistics"; to the Committee on Government Organization then the Judiciary.

By Delegates Beane, Ennis, Hatfield, Perdue, Yost, Leggett and Azinger:

H. B. 4331 - "A Bill to repeal §8-24-1, §8-24-2, §8-24-3, §8-24-4, §8-24-5, §8-24-6, §8-24- 7, §8-24-8, §8-24-9, §8-24-10, §8-24-11, §8-24-12, §8-24-13, §8-24-14, §8-24-15, §8-24-16, §8-24- 17, §8-24-18, §8-24-19, §8-24-20, §8-24-21, §8-24-22, §8-24-23, §8-24-24, §8-24-25, §8-24-26, §8- 24-27, §8-24-28, §8-24-29, §8-24-30, §8-24-31, §8-24-32, §8-24-33, §8-24-34, §8-24-35, §8-24-36, §8-24-37, §8-24-38, §8-24-39, §8-24-40, §8-24-41, §8-24-42, §8-24-43, §8-24-44, §8-24-45, §8-24- 46, §8-24-47, §8-24-48, §8-24-49, §8-24-50, §8-24-50a, §8-24-50b, §8-24-51, §8-24-52, §8-24-53, §8-24-54, §8-24-55, §8-24-56, §8-24-57, §8-24-58, §8-24-59, §8-24-60, §8-24-61, §8-24-62, §8-24- 63, §8-24-64, §8-24-65, §8-24-66, §8-24-67, §8-24-68, §8-24-69, §8-24-70, §8-24-71, §8-24-72, §8- 24-73, §8-24-73a, §8-24-73b, §8-24-73c, §8-24-73d, §8-24-74, §8-24-74a, §8-24-74b, §8-24-74c, §8-24-75, §8-24-76, §8-24-77, §8-24-78, §8-24-79, §8-24-80, §8-24-81, §8-24-82, §8-24-83, §8-24- 84 and §8-24-85 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new chapter, designated §8A-1-1, §8A-1-2, §8A-2-1, §8A-2-2, §8A-2-3, §8A-2-4, §8A-2-5, §8A-2-6, §8A-2-7, §8A-2-8, §8A-2-9, §8A-2-10, §8A-2-11, §8A-3-1, §8A-3-2, §8A-3-3, §8A-4-4, §8A-5-5, §8A-3-6, §8A-3-7, §8A-3-8, §8A-3-9, §8A-3-10, §8A-3-11, §8A-3-12, §8A-3-13, §8A-3- 14, §8A-4-1, §8A-4-2, §8A-4-3, §8A-4-4, §8A-4-5, §8A-4-6, §8A-4-7, §8A-5-1, §8A-5-2, §8A-5-3, §8A-5-4, §8A-5-5, §8A-5-6, §8A-5-7, §8A-5-8, §8A-5-9, §8A-5-10, §8A-5-11, §8A-5-12, §8A-6-1, §8A-6-2, §8A-6-3, §8A-7-1, §8A-7-2, §8A-7-3, §8A-7-4, §8A-7-5, §8A-7-6, §8A-7-7, §8A-7-8, §8A-7-9, §8A-7-10, §8A-7-11, §8A-7-12, §8A-8-1, §8A-8-2, §8A-8-3, §8A-8-4, §8A-8-5, §8A-8-6, §8A-8-7, §8A-8-8, §8A-8-9, §8A-8-10, §8A-8-11, §8A-8-12, §8A-9-1, §8A-9-2, §8A-9-3, §8A-9-4, §8A-9-5, §8A-9-6, §8A-9-7, §8A-10-1, §8A-10-2, §8A-10-3, §8A-10-4, §8A-10-5, §8A-10-6, §8A-11-1, §8A-11-2, §8A-12-1, §8A-12-2, §8A-12-3, §8A-12-4, §8A-12-5, §8A-12-6, §8A-12-7, §8A-12-8, §8A-12-9, §8A-12-10, §8A-12-11, §8A-12-12, §8A-12-13, §8A-12-14, §8A-12-15, §8A- 12-16, §8A-12-17, §8A-12-18, §8A-12-19, §8A-12-20, §8A-12-21, §8A-12-22 and §8A-12-23, all relating to land use planning; planning commissions; comprehensive plan; subdivision and land development ordinance; land development plan and plat; improvement location permit; zoning; board of zoning appeals; appeal process; enforcement; penalties; special provisions; and voluntary farmland protection program"; to the Committee on Government Organization then the Judiciary.

By Delegates Boggs, Pino, Pethtel, DeLong, Warner, Varner and Ellem:

H. B. 4332 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-30, relating to railroad employees; establishing criminal penalties for interfering with medical treatment of a railroad employee injured during the course of employment"; to the Committee on the Judiciary.

By Delegates Brown, Hatfield and Foster:

H. B. 4333 - "A Bill to amend and reenact §31-2-8 of the code of West Virginia, 1931, as amended, relating to authorizing counties and municipalities to apply to the department of transportation to require train locomotives to reduce noise at railroad crossings by sounding bells instead of horns or whistles"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Campbell, Michael, Warner, Staton, Boggs, Cann and Canterbury:

H. B. 4334 - "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 recommendation of guidelines"; to the Committee on Government Organization.

By Delegates Kuhn, Butcher, Manchin, Yeager, Blair, Romine and Schoen:

H. B. 4335 - "A Bill to amend and reenact §30-13A-1, §30-13A-2, §30-13A-3, §30-13A-4, §30-13A-5, §30-13A-6, §30-13A-7, §30-13A-8, §30-13A-9, §30-13A-10, §30-13A-11, §30-13A-12, §30-13A-13, §30-13A-14, §30-13A-15, §30-13A-16, §30-13A-17 and §30-13A-18 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto eighteen new sections, designated §30-13A-19, §30-13A-20, §30-13A-21, §30-13A-22, §30-13A-23, §30-13A-24, §30-13A-25, §30-13A-26, §30-13A-27, §30-13A-28, §30-13A-29, §30-13A-30, §30-13A-31, §30-13A- 32, §30-13A-33, §30-13A-34, §30-13A-35 and §30-13A-36, all relating to regulating surveyors and underground surveyors; definitions; establishing licensure and endorsement requirements; restructuring and renaming the board; and providing a civil cause of action and criminal penalties"; to the Committee on Government Organization then the Judiciary.

By Delegates Leach, Michael, Perdue and Susman:

H. B. 4336 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-18-6b, relating to limiting financial assistance from the Housing Development Fund to nonresidential projects"; to the Committee on the Judiciary.

By Delegates Long, Foster, Amores and Beane:

H. B. 4337 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7B-12, relating to abridging health care providers exposure to liability where, in certain cases involving prescription drugs and medical devices, a person has been injured"; to the Committee on the Judiciary.

By Delegate Mezzatesta:

H. B. 4338 - "A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to motor vehicle registration plates generally; providing for the issuance of special registration plates promoting education; and providing that a special fee for registration plates promoting education shall be used to fund transportation for school trips for academic purposes"; to the Committee on Roads and Transportation then Finance.

By Delegate Michael:

H. B. 4339 - "A Bill to amend and reenact §11-15-8 of the code of West Virginia, 1931, as amended, relating to clarifying the imposition of consumers sales and service tax on purchases made by providers of professional or personal services"; to the Committee on Finance.

By Delegate Michael:

H. B. 4340 - "A Bill to amend and reenact §11-15-2 of the code of West Virginia, 1931, as amended, relating to consumers sales and service tax; and clarifying the definitions of 'transmission' and 'transportation' with respect to the exemption for certain purchases by transmission or transportation businesses"; to the Committee on Finance.

By Delegate Michael:

H. B. 4341 - "A Bill to amend and reenact§11-14C-6, §11-14C-7, §11-14C-9, §11-14C-13, §11-14C-20, §11-14C-22, §11-14C-24, §11-14C-25, §11-14C-26, §11-14C-29, §11-14C-30, §11-14C-31, §11-14C-34, §11-14C-37 and §11-14C-47 of the code of West Virginia, 1931, as amended, all relating generally to motor fuels excise tax; requiring the tax on unaccounted for motor fuel losses be calculated using invoiced gallons; repealing five hundred gallon minimum purchase by government entities to qualify for exemption; clarify bond requirements; specifying election by supplier for motor fuel exported to another state; requiring that all reports and returns except those filed by terminal operators to specify invoiced gallons; requiring all reports and returns filed by terminal operators to specify gross and net gallons; requiring use of machine-generated shipping documents and authorizing when commissioner may allow use of manually prepared shipping documents; requiring use of diversion procedure if destination state changes prior to transport leaving rack; correcting reference to section requiring return information; authorizing refunds for motor fuel used for agricultural purposes and clarifying time for claiming refunds; correcting reference authorizing inspections; and establishing a revolving fund for general administration of taxes"; to the Committee on Finance.

By Delegate Michael:

H. B. 4342 - "A Bill to amend and reenact §11-15-9 of the code of West Virginia, 1931, as amended, relating to exemptions from consumers sales and service tax; exempting prescription drugs and insulin when sold to patients; and, deleting the exemption for sales of motor homes to be used as a principal residence"; to the Committee on Finance.

By Delegates Perry, Pino, Cann, Morgan, Hrutkay and Foster:

H. B. 4343 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-5b, relating to granting campus police officers law- enforcement powers at private institutions of higher education in this state"; to the Committee on the Judiciary.

By Delegates Trump, Border, Sumner, Duke, Hall and Walters:

H. B. 4344 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9h, relating to the consumer sales and service tax on food and food products sold for human consumption off premises where sold; providing for the gradual elimination of the consumer sales tax on food and food products sold for human consumption off the premises where sold"; to the Committee on Finance.

By Delegates Trump, Carmichael, Blair, Frich, Caruth and Walters:

H. B. 4345 - "A Bill to amend and reenact §11-23-6 of the code of West Virginia, 1931, as amended, relating to the business franchise tax; phasing out and abolishing the business franchise tax by the thirtieth day of June, two thousand five"; to the Committee on Finance.

By Delegates Trump, Schadler, Caruth, Sobonya, Frich and Walters:

H. B. 4346 - "A Bill to amend and reenact §17B-4-3 of the code of West Virginia, 1931, as amended; to amend and reenact §17C-5-2, §17C-5-6a and §17C-5-8 of said code; to amend and reenact §17C-5A-1, §17C-5A-1a, §17C-5A-2 and §17C-5A-3a of said code; to amend and reenact §20-7-18 and §20-7-18b of said code; and to amend and reenact §33-6A-1 of said code, all relating to driving a motor vehicle under the influence of alcohol, controlled substances or drugs; reducing the blood alcohol content threshold for driving under the influence from ten hundredths to eight hundredths of one percent; reducing the threshold for children's blood alcohol content for prima facie showing of driving under the influence of alcohol"; to the Committee on the Judiciary.

By Delegates Border, Trump, Azinger and Houston:

H. B. 4347 - "A Bill to amend and reenact §33-42-8 of the code of West Virginia, 1931, as amended, relating to establishing the crime of partial birth infanticide; penalty; definitions; and exceptions"; to the Committee on Health and Human Resources then the Judiciary.


Consent Calendar

Third Reading


The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 4140, Requiring the ethics commission to establish a code of conduct for state administrative law judges,

And,
Com. Sub. for H. B. 4148, Allowing bail bondsmen to deliver offenders to county or regional jails without bailpiece if a magistrate or circuit clerk is inaccessible.

On the passage of the bills, the yeas and nays were taken (Roll No. 84), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 4140 and Com. Sub. for H. B. 4148) 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. 3083, Providing that magistrate court may be temporarily held in various locations throughout the county,
Com. Sub. for H. B. 4259, Revising the composition, powers and duties of the Governor's Cabinet on Children and Families,
H. B. 4287, Eliminating the provision of law limiting seniority rights for classified employees when funding the annual salary increment results in employee layoffs,

And,
H. B. 4304, Continuing the children's health insurance board.


First Reading

Com. Sub. for H. B. 4096, Increasing the veterinary fee for each cat and dog vaccinated for rabies; on first reading, coming up in regular order, was read a first time and ordered to second reading.


House Calendar

Unfinished Business

H. C. R. 12, Naming the newly constructed concrete bridge on County Road 13 in Saxon, Raleigh County, West Virginia, the "PFC John Michael Davis 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.


Third Reading

H. B. 4290, Creating a framework to avoid imposition of policies and practices on the public schools that distract from a thorough and efficient education; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 87), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4290) passed.

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


Leaves of Absence

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

At 10:24 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, February 9, 2004.