__________*__________

Tuesday, March 2, 2004



The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.

Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

The Clerk proceeded to read the Journal of Monday, March 1, 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. 3, Naming a portion of state route 75 and U. S. route 52 the "Big Green Memorial Highway",

H. C. R. 4, Establishing a "Robert L. Bradley, M. D., Ph. D., Brigadier General Memorial Highway",

H. C. R. 23, Naming the bridge, located approximately one mile east of the Huntington Mall on Route 60, the "George Adam Floding Bridge",

And,

H. C. R. 47, Requesting a study on providing limitations on nurse overtime policies in hospitals operated by state agencies within West Virginia,

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

On motion for leave, a resolution was introduced (Originating in the Committee on Rules and reported with the recommendation that it be adopted),which was read by its title as follows:
By Mr. Speaker, Mr. Kiss, and Delegates Amores, Beane, Kominar, Mahan, Mezzatesta, Michael, Pino, Staton, Varner, Warner, Anderson, Faircloth, Hall, Smirl and Trump:

H. C. R. 67 - "Designating March 3rd, 2004 as 'Disability Awareness Day'."


Whereas, There are approximately 400,000 West Virginians with disabilities; and

Whereas, People with disabilities have the right to equal opportunity to live full productive lives in the community of their choice; and

Whereas, People with disabilities have the right to receive the supports they need to exercise self-determination, achieve independence and become productive employees in the workplace; and

Whereas, West Virginia's citizens with disabilities have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and

Whereas, Such organizations as the Appalachian Center for Independent Living, Coalition for West Virginia's Children, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Advocates, West Virginia Assistive Technology System, West Virginia Developmental Disabilities Council, West Virginia Mental Health Consumers Association, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, West Virginia State Rehabilitation Council and the West Virginia Parent Information Project have all joined together to help increase public awareness of issues involving the many concerns of West Virginians' with disabilities; and

Whereas, The purpose of Disability Awareness Day is to increase the awareness of legislators, administrations, policymakers and the public of the policy issues that are important to people with disabilities; therefore, be it

Resolved by the Legislature of West Virginia:

That the West Virginia Legislature hereby designates March 3, 2004, as "Disability Awareness Day"; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.


Messages from the Executive


Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on February 25, 2004, he approved Com. Sub. for S. B. 251; and on February 27, 2004, he approved H. B. 4348.
Mr. Speaker, Mr. Kiss, present the annual report of the West Virginia Geological and Economic Survey, in accordance with the provisions of the code; which was filed in the Clerk's Office.


Resolutions Introduced


Mr. Speaker, Mr. Kiss, and Delegates G. White, Amores, Smirl, Kominar, Perdue, Cann, Varner, Browning, Beane, Hatfield, Foster, Palumbo, Hall, Stalnaker and Wakim offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 64 - "Requesting the Joint Committee on Government and Finance appoint an interim committee to study the silent epidemic of youth suicide in this state."

Whereas, Suicide is the third leading cause of death for youth between the ages of 15 and 24 and the second leading cause of death for college age youth; and

Whereas, Each day across this country there are an average of 2,700 suicide attempts by young people between the ages of 12 and 17 and each week, approximately 100 hundred young people commit suicide; and

Whereas, In a survey conducted in West Virginia in 2000; one out of every five students in grades six - twelve, responded that they had "seriously considered attempting suicide in the past twelve months," almost one out of three students reported that they had battled the start of depression in the past twelve months, almost one out of every six students had made a plan to commit suicide in the past twelve months, and one out of every fourteen students had attempted suicide in the past twelve months; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to appoint an interim committee to study the silent epidemic of youth suicide in this state and make findings, conclusions and recommendations as a result of the study; 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.

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

H. C. R. 65 - "Urging the United States Corps of Engineers and the West Virginia Conservation Agency to address the issue of flooding in Wyoming County by dredging all flood prone waterways."

Whereas, Heavy rainfalls in Wyoming County have caused widespread flooding with consequent property damage and human tragedy; and

Whereas, The waterways of Wyoming County are regularly reduced in capacity by natural processes such as stream bank sloughing and the accumulation of natural woody debris, as well as refuse dumping; and

Whereas, Those waterways whose channels have been reduced in capacity are primary contributors to the frequency, extent and severity of flooding; and

Whereas, Many citizens who live near or adjacent to these streams live in fear of flood waters inundating their homes and businesses; and

Whereas, During every heavy rain, elderly, frail and isolated Wyoming County residents fear that clogged waterways will leave them vulnerable to property damage which could have been prevented by dredging; and

Whereas, Scientific hydrologic studies have established that the combination of extraordinary rainfall on saturated soil, combined with a reduction in stream channel capacity, determines the extent and magnitude of flooding in urban, suburban and rural landscapes; and

Whereas, Individuals and businesses are no longer permitted to clean and clear impediments from natural watercourses; therefore, be it

Resolved by the Legislature of West Virginia:
That the United States Corps of Engineers, whose primary mission is the prevention of flooding, and the West Virginia Conservation Agency, who has taken the initiative in charting a new course of flood damage reduction and floodplain management in West Virginia, are hereby requested to address the issue of flooding in Wyoming County by dredging all flood prone waterways; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the United States Corps of Engineers, the West Virginia Conservation Agency and the West Virginia Congressional delegation.

Delegates Blair, Anderson, Armstead, Ashley, Azinger, Beane, Boggs, Border, Butcher, Calvert, Cann, Canterbury, Carmichael, Caruth, Crosier, Duke, Ellem, Ennis, Evans, Faircloth, Ferrell, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Howard, Hrutkay, Iaquinta, Kominar, Kuhn, Leggett, Long, Louisos, Martin, Michael, Overington, Paxton, Perry, Pethtel, Pino, Proudfoot, Renner, Romine, Schoen, Shaver, Shelton, Smirl, Sobonya, Stalnaker, Stemple, Sumner, Susman, Swartzmiller, Tabb, Talbott, R. M. Thompson, Trump, Tucker, Wakim, Walters, Warner, Webb, G. White, H. White, Williams, Wright, Yeager and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 66 - "Requesting the United States Congress to propose an amendment to the Constitution of the United States affirming the institution of marriage as a union between a man and a woman as husband and wife; prohibiting marriage between persons of the same sex and providing that no state or jurisdiction of the United States shall be required to recognize any act of marriage or civil union between persons of the same sex rendered by another state or jurisdiction."

Whereas, Since the founding days of the state of West Virginia it has been and is today the unequivocal public policy of this state that the institution of marriage is a union solely between a man and a woman as husband and wife; and

Whereas, It is further the unequivocal public policy of this state that any purported marriage or civil union performed within this state between persons of the same sex is void ab initio; and

Whereas, The state of West Virginia does not recognize any purported marriage or civil union between persons of the same sex performed in any other state or jurisdiction; and

Whereas, Recent developments in other states or jurisdictions indicate a public policy relating to marriage and civil unions which is repugnant to the public policy of this state; and

Whereas, The state of West Virginia jealously guards its right to determine its own public policy as a coequal sovereign state; therefore, be it

Resolved by the Legislature of West Virginia:

That the Congress of the United States is urgently requested to propose an amendment to the Constitution of the United States affirming the institution of marriage as a union between a man and a woman as husband and wife; prohibiting marriage between persons of the same sex and providing that no state or jurisdiction of the United States shall be required to recognize any act of marriage or civil union rendered in any other state or jurisdiction; and, be it

Further Resolved, That it is requested that the West Virginia congressional delegation take all appropriate and immediate action to facilitate such action by the Congress of the United States; and, be it

Further Resolved, That the Clerk of the House of Delegates is directed to furnish a copy of this resolution to the West Virginia congressional delegation.

Mr. Speaker, Mr. Kiss, and Delegates Beach, Mezzatesta and Varner offered the following resolution, which was read by its title:

H. R. 15 - "Honoring the contribution of the faculty, staff and students of the Robert C. Byrd Health Sciences Center of West Virginia University on the occasion of the centennial health professions education at the university."

Whereas, Access to health care for West Virginians is dependent upon the education and training of health professionals; and

Whereas, The West Virginia University School of Medicine awarded the first medical degree in this state to two physicians, Dr. Emmett A. Corbin and Dr. Boaz B. Cox in 1904; and

Whereas, In the intervening 100 years, West Virginia University's School of Pharmacy, Dentistry and Nursing were established for the benefit of its citizens; and

Whereas, In 100 years of service, these schools have educated thousands of men and women to provide essential health services to the state; and

Whereas, These schools have been designated the "Robert C. Byrd Health Sciences Center" of West Virginia University; and

Whereas, West Virginia University remains committed to health professions education, medical research and health care for the next century and beyond; therefore, be it

Resolved by the House of Delegates:

That the citizens of West Virginia are encouraged to celebrate West Virginia University Health Professions Education Days on April 2 and 3, 2004, in honor of the centennial of West Virginia University's health professions program; and, be it
Further Resolved, That the members of this Legislature are encouraged to participate in appropriate celebrations at the Robert C. Byrd Health Sciences Center campuses in Morgantown, Charleston and Martinsburg on those days.

At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 15) to a committee was dispensed with, and it was taken up for immediate consideration.

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

The yeas and nays having been ordered, they were taken (Roll No. 272), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent And Not Voting: Coleman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 15) adopted.

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

H. R. 16 - "Designating May 1, 2004, as Hampshire County Day in recognition of the 250th Anniversary of the founding of Hampshire County."

Whereas, In May, 1754, Hampshire County was officially formed and the first shots were fired that would begin the French and Indian War; and

Whereas, Hampshire County's importance as a gateway to the developing west made it a target for enemy attacks during the war; and

Whereas, It was because of this that Colonel George Washington, Commander of the Virginia Regiment, built a chain of forts in Hampshire County as the northern bulwark of his western line of defense; and

Whereas, Not even the ravages of war could stop the advance of settlers into the fertile valleys of Hampshire County; and

Whereas, The number of settlers continued to increase which led to the establishment of Hardy County in 1786 and Pendleton County in 1788; and

Whereas, During the Civil War, Hampshire County was again ravaged by war; and

Whereas, Because of its strategic location, there were many troop movements through Hampshire County and Romney, which was established by Lord Fairfax in 1762, changed hands 56 times; and

Whereas, The Civil War left Hampshire County severely wounded and its citizens nearly destitute but once again the people of Hampshire County rebuilt their homes and communities and looked forward to a bright future; and

Whereas, This year marks the 250th anniversary of the founding of Hampshire County, West Virginia's oldest county; and

Whereas, We should use this time to recall the heroic sacrifice of the countless men and women who came to Hampshire County to make a new life and to those who followed after them through times of war and testing; and

Whereas, The cost our forefathers paid to protect the treasure of the quiet, fertile valleys and age-old forested mountains of Hampshire County for future generations should not go unnoticed;
therefore, be it

Resolved by the House of Delegates:

That May 1, 2004, shall be designated as Hampshire County Day in recognition of the 250th Anniversary of the founding of Hampshire County; and, be it

Further resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor and members of the Hampshire County Commission.


Petitions


Delegate R. M. Thompson presented a petition, signed by forty-nine residents of Raleigh County, requesting that the Division of Highways upgrade Mitchell's Road; which was referred to the Committee on Roads and Transportation.

Delegate Swartzmiller presented a petition, signed by one thousand three hundred seventy residents of Monongalia, Marion and Tyler counties, urging the Legislature to provide automatic, annual cost of living adjustments (COLA) to the pensions of retired school employees; which was referred to the Committee on Finance.

Delegates Williams and Shaver presented a petition, signed by one thousand eight hundred eighty-six residents of the State, in support of funding for the West Virginia Mountaineer Challenge Academy, Camp Dawson, Preston County; which was referred to the Committee on Finance.


Consent Calendar

Third Reading


The Clerk announced that, pursuant to House Rule 70a, the following request had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:

H. B. 4103, on third reading, Consent Calendar, to the House Calendar; by Delegate Staton.

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

H. B. 2132, Providing retirement service credit to teachers at private colleges and universities; on third reading, coming up in regular order, was read a third time.
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.

On the passage of the bills, the yeas and nays were taken (Roll No. 273), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent And Not Voting: Coleman and R. M. Thompson.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2132, H. B. 4587, H. B. 4596, H. B. 4603 and H. B. 4668) passed.

An amendment to the title of H. B. 2132, recommended by the Committee on Pensions and Retirement, was reported by the Clerk and adopted, amending the title to read as follows:

H. B. 2132 - "A Bill to amend and reenact §18-7A-17 of the code of West Virginia, 1931, as amended, relating to the state teachers retirement system generally and granting retirement credit under certain circumstances to teachers for years of service at private four-year colleges and universities in West Virginia."

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 Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:

Com. Sub. for H. B. 2706, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
H. B. 2912, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
Com. Sub. for H. B. 2950, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
Com. Sub. for H. B. 4047, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
Com. Sub. for H. B. 4077, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
Com. Sub. for H. B. 4123, on second reading, Consent Calendar, to the House Calendar; by Delegates Trump and Michael.
Com. Sub. for H. B. 4205, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
Com. Sub. for H. B. 4284, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
Com. Sub. for H. B. 4299, on second reading, Consent Calendar, to the House Calendar; by Delegate Frich.
Com. Sub. for H. B. 4323, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
Com. Sub. for H. B. 4377, on second reading, Consent Calendar, to the House Calendar; by Delegates Amores, Trump and Frich.
Com. Sub. for H. B. 4390, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
H. B. 4415, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
Com. Sub. for H. B. 4452, on second reading, Consent Calendar, to the House Calendar; by Delegate Campbell.

Com. Sub. for H. B. 4474, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
Com. Sub. for H. B. 4516, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
H. B. 4563, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
H. B. 4604, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
Com. Sub. for H. B. 4607, on second reading, Consent Calendar, to the House Calendar; by Delegates Trump and Frich.
Com. Sub. for H. B. 4649, on second reading, Consent Calendar, to the House Calendar; by Delegate DeLong.
H. B. 4670, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
H. B. 4672, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
H. B. 4739, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
H. B. 4740, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.
H. B. 4741, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.

And,
H. B. 4746, on second reading, Consent Calendar, to the House Calendar; by Delegate Trump.

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

Com. Sub. for S. B. 52, Allowing motorcycle registration plates to be fastened in vertical position,
S. B. 268, Continuing division of motor vehicles,

S. B. 269, Continuing division of purchasing within department of administration,
S. B. 324, Continuing division of personnel,
Com. Sub. for H. B. 3004, Prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog when a dog is found on another person's property,
Com. Sub. for H. B. 3189, Reducing the total tax credits available under the capital company act during the fiscal year beginning on the first day of July, two thousand three,
Com. Sub. for H. B. 4009, Creating a position for a state Americans with disabilities coordinator within the department of administration,
Com. Sub. for H. B. 4019, Prohibiting the division of motor vehicles' sale of personal information for bulk distribution of surveys, marketing and solicitations,
H. B. 4056, Increasing service of process fees and providing that the fees collected be deposited in the West Virginia deputy sheriff retirement fund,
Com. Sub. for H. B. 4113, Requiring all state boards of examination and registration provided in chapter thirty of the code of West Virginia to have websites accessible to the public,
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,
Com. Sub. for H. B. 4318, Imposing personal income tax on funds withdrawn from a prepaid college tuition contract or other college savings plans,
Com. Sub. for H. B. 4412, Requiring the children's health insurance board to submit a modification of its benefit plan,
H. B. 4431, Establishing a lottery scratch-off game for the benefit of West Virginia firefighters,
H. B. 4441, Expanding newborn screening by adding sickle cell anemia and adrenal hyperplasia,
Com. Sub. for H. B. 4455, Extending the term of the waste tire remediation funds,
Com. Sub. for H. B. 4492, Creating the criminal offense of soliciting a minor via computer,
Com. Sub. for H. B. 4535, Providing relief from property taxes for property damaged or destroyed in a disaster,
Com. Sub. for H. B. 4536, Establishing the law-enforcement reemployment act,
H. B. 4562, Relating to the rights of members of the teachers' defined contribution retirement system to make a technical correction to clarify membership,
Com. Sub. for H. B. 4593, Relating to compressed gas container safe transport,

H. B. 4598, Restricting courts from requiring conditions on the out of home placement of children inconsistent with existing licensing regulations,
Com. Sub. for H. B. 4605, Clarifying certain provisions of the West Virginia Code as they relate to domestic violence offenses and related protective orders that are issued by various courts,
Com. Sub. for H. B. 4655, Giving the children's health insurance program the right of subrogation,
H. B. 4658, Relating to defense of self, others and property and providing limited immunity from civil liability,

H. B. 4669, Providing for establishment of special five-year demonstration professional development school project.
H. B. 4671, Relating to the disposal of law enforcement weapons when replaced due to routine wear,
H. B. 4737, Providing options for members of teachers retirement to make contributions for periods of temporary total disability,
H. B. 4738, Relating to salaries, wages and other benefits of school service personnel,

And,
H. B. 4745, Relating to administration of repairs to vehicles and equipment by the division of highways.


Special Calendar

Unfinished Business

H. C. R. 48, Naming the bridge connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, West Virginia, the "James G. Berry 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. 49, Naming the bridge located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey Carson 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

Com. Sub. for H. J. R. 2, Pet Animal Neutering and Spaying Amendment; on third reading, coming up in regular order, was read a third time.

On the adoption of the resolution, the yeas and nays were taken (Roll No. 279), and there were--yeas 62, nays 37, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Anderson, Armstead, Ashley, Azinger, Blair, Border, Calvert, Cann, Canterbury, Carmichael, Caruth, Duke, Ellem, Evans, Faircloth, Foster, Frich, Hall, Hamilton, Hartman, Howard, Leach, Leggett, Perdue, Proudfoot, Romine, Schadler, Schoen, Smirl, Sobonya, Sumner, Susman, Trump, Wakim, Walters, Webb and G. White.

Absent And Not Voting: Coleman.

So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the resolution (H. J. R. 2) rejected.
H. J. R. 108, Survivors' Education Amendment; on third reading, coming up in regular order, was read a third time.

On the adoption of the resolution, the yeas and nays were taken (Roll No. 280), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent And Not Voting: Coleman.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the resolution (H. J. R 108) adopted, as follows:

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. 4067, Modifying and updating auctioneer licensing requirements, fees and continuing 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. 281), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Louisos.

Absent And Not Voting: Coleman.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4067) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4342, Exempting prescription drugs and insulin from the consumers sales tax when sold to patients; on third reading, coming up in regular order, with the restricted right to amend, was, on motion of Delegate Staton, laid over one day.
H. B. 4514, Mandatory treatment program for repeat or serious DUI offenders; on third reading, coming up in regular order, with the restricted right to amend, was reported by the Clerk.

At the request of Delegate Staton, and by unanimous consent, further consideration of the bill was then postponed until the evening session.
Com. Sub. for H. B. 4574, Providing a funding in personal finance for secondary school students; 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. 282), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent And Not Voting: Coleman.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4574) 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. 4624, Relating generally to tax increment financing; 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. 283), and there were--yeas 82, nays 17, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Armstead, Blair, Border, Calvert, Canterbury, Carmichael, Caruth, Duke, Evans, Frich, Leggett, Overington, Schoen, Sobonya, Trump, Walters and Webb.

Absent And Not Voting: Coleman.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4624) passed.

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

On this question, the yeas and nays were taken (Roll No. 284), and there were--yeas 87, nays 11, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Blair, Calvert, Carmichael, Caruth, Duke, Faircloth, Frich, Leggett, Louisos, Sobonya and Walters.

Absent And Not Voting: Coleman and Hatfield.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4624) 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

H. J. R. 114, Veterans Bonus Amendment of 2004; on second reading, coming up in regular order, was read a second time, and, at the request of Delegate Staton, and by unanimous consent, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that 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. 2323, Establishing a division of school personnel within the state department of education,
Com. Sub. for H. B. 2728, Allowing a person to erect, construct, repair or alter their residential property without a contractor's license or having a contractor perform the work,

And,
Com. Sub. for H. B. 3106, Defining, developing and regulating the keeping of privately owned deer as an agricultural enterprise in this state.
Com. Sub. for H. B. 3118, Increasing the salary of public service district board members; on second reading, coming up in regular order, was read a second time and, on motion of Delegate Staton, advanced to third reading with the right to amend on that reading.
H. B. 4003, Adjusting the age for members of the West Virginia state police retirement system; on second reading, coming up in regular order, was reported by the Clerk.

At the request of Delegate Campbell, and by unanimous consent, further consideration of the bill was then postponed until the evening session.
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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4033, Authorizing the issuance of new parkway revenue bonds; on second reading, coming up in regular order, was read a second time and, on motion of Delegate Staton, advanced to third reading with the right to amend on that 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. 4167, Creating the Exotic Animal Control Board to protect the health and safety of humans and the state's agricultural and forestry industries, its wildlife and other natural resource interests from the introduction or spread of disease,
Com. Sub. for H. B. 4200, Authorizing the department of military affairs and public safety to promulgate legislative rules,
Com. Sub. for H. B. 4217, Authorizing the department of tax and revenue to promulgate legislative rules,

And,
Com. Sub. for H. B. 4303, Relating to Gramm-Leach-Bliley and reciprocity.
H. B. 4330, Revising the law governing vital records; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page forty-six, section twenty-four, line nineteen, by striking out the word "sex", and inserting in lieu thereof the word "gender".

And,

On page sixty-one, section thirty-seven, line one, by striking out the word "A", and inserting in lieu thereof the words: "For acts which occur on or after the effective date of this section, a".

The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4357, Permitting municipalities to impose an alternative one percent municipal sales and service tax in the municipality in lieu of imposing the business and occupation tax currently permitted by law; on second reading, coming up in regular order, was read a second time and, on motion of Delegate Staton, advanced to third reading with the restricted right to amend on that reading.
Com. Sub. for H. B. 4440, Permitting certain officers and state employees to waive their salaries; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4444, Discontinuing early childhood education programs except for children with certain disabilities; on second reading, coming up in regular order, was read a second time and, on motion of Delegate Staton, advanced to third reading with the right to amend on that 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:

H. B. 4453, Relating to the deputy sheriff's retirement system,

And,
Com. Sub. for H. B. 4477, Increasing the issuance fees for hunting and fishing licenses.
Com. Sub. for S. B. 500, Relating to fees for agents selling hunting and fishing licenses; on second reading, coming up in regular order, was read a second time.

On motion of Delegate Staton, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the provisions of Com. Sub. for H. B. 4477.

The bill was then ordered to third reading.
H. B. 4523, Allowing certain racing associations or licensees qualifying for an alternate tax to increase the number of races each performance; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill, and inserting in lieu thereof the following language:

"That §19-23-3, §19-23-9, §19-23-10, §19-23-13 and §19-23-13b of the code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 23. HORSE AND DOG RACING.
PART VII. TAXATION OF HORSE AND DOG RACING AND PARI-MUTUEL
WAGERING; DISPOSITION OF REVENUES.

§19-23-3. Definitions.

Unless the context in which used clearly requires a different meaning, as used in this article:

(1) 'Horse racing' means any type of horse racing, including, but not limited to, thoroughbred racing and harness racing;
(2) 'Thoroughbred racing' means flat or running type horse racing in which each horse participating therein is a thoroughbred and is mounted by a jockey;
(3) 'Harness racing' means horse racing in which the horses participating therein are harnessed to a sulky, carriage or other vehicle and shall not include any form of horse racing in which the horses are mounted by jockeys; (4) 'Horse race meeting' means the whole period of time for which a license is required by the provisions of section one of this article; (5) 'Dog racing' means any type of dog racing, including, but not limited to, greyhound racing; (6) 'Purse' means any purse, stake or award for which a horse or dog race is run; (7) 'Racing association' or 'person' means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description; (8) 'Applicant' means any racing association making application for a license under the provisions of this article or any person making application for a permit under the provisions of this article, or any person making application for a construction permit under the provisions of this article, as the case may be; (9) 'License' means the license required by the provisions of section one of this article; (10) 'Permit' means the permit required by the provisions of section two of this article; (11) 'Construction permit' means the construction permit required by the provisions of section eighteen of this article; (12) 'Licensee' means any racing association holding a license required by the provisions of section one of this article and issued under the provisions of this article; (13) 'Permit holder' means any person holding a permit required by the provisions of section two of this article and issued under the provisions of this article; (14) 'Construction permit holder' means any person holding a construction permit required by the provisions of section eighteen of this article and issued under the provisions of this article; (15) 'Hold or conduct' includes 'assist, aid or abet in holding or conducting';(16) 'Racing commission' means the West Virginia racing commission; (17) 'Stewards' means the steward or stewards representing the racing commission, the steward or stewards representing a licensee and any other steward or stewards, whose duty it is to supervise any horse or dog race meeting, all as may be provided by reasonable rules and regulations of the racing commission, and the reasonable rules and regulations shall specify the number of stewards to be appointed, the method and manner of their appointment and their powers, authority and duties; (18) 'Pari-mutuel' means a mutuel or collective pool that can be divided among those who have contributed their wagers to one central agency, the odds to be reckoned in accordance to the collective amounts wagered upon each contestant running in a horse or dog race upon which the pool is made, but the total to be divided among the first three contestants on the basis of the number of wagers on these; (19) 'Pari-mutuel clerk' means any employee of a licensed racing association who is responsible for the collection of wagers, the distribution of moneys for winning pari-mutuel tickets, verification of the validity of pari-mutuel tickets and accounting for pari-mutuel funds; (20) 'Pool' means a combination of interests in a joint wagering enterprise or a stake in such enterprise; (21) 'Legitimate breakage' is the percentage left over in the division of a pool; (22) 'To the dime' means that wagers shall be figured and paid to the dime; (23) 'Code' means the code of West Virginia, one thousand nine hundred thirty-one, as heretofore and hereinafter amended; (24) 'Accredited thoroughbred horse' means a thoroughbred horse that is either: (a) Foaled in West Virginia; or (b) sired by an accredited West Virginia sire; or (c) as a yearling, finished twelve consecutive months of verifiable residence in the state, except for thirty days grace: (A) for the horse to be shipped to and from horse sales where the horse is officially entered in the sales catalogue of a recognized thoroughbred sales company or, (B) for obtaining veterinary services, documented by veterinary reports. No thoroughbred horse qualifies under paragraph (c) of this subdivision after the first day of July, one thousand nine hundred ninety;(25) 'Accredited West Virginia sire' is a sire that is permanently domiciled in West Virginia, stands a full season in West Virginia and is registered with West Virginia thoroughbred breeders association; (26) 'Breeder of an accredited West Virginia horse' is the owner of the foal at the time it was born in West Virginia;
(27) 'Raiser of an accredited West Virginia horse' is the owner of the yearling at the time it finished twelve consecutive months of verifiable residence in the state. During the period, the raiser will be granted one month of grace for his or her horse to be shipped to and from thoroughbred sales where the horse is officially entered in the sales catalogue of a recognized thoroughbred sales company. Prior to the horse being shipped out of the state for sales, the raiser must notify the racing commission of his or her intentions; (28) The 'owner of an accredited West Virginia sire' is the owner of record at the time the offspring is conceived;
(29) The 'owner of an accredited West Virginia horse' means the owner at the time the horse earned designated purses to qualify for restricted purse supplements provided for in section thirteen-b of this article; and
(30) 'Registered Greyhound Owner' means an owner of a greyhound that is registered with the National Greyhound Association.
(31) 'Fund' means the West Virginia thoroughbred development fund established in section thirteen- b of this article.
(32) 'Regular Purse' means both regular purses and stakes purses.
§19-23-9. Pari-mutuel system of wagering authorized; licensee authorized to deduct commissions from pari-mutuel pools; retention of breakage; auditing; minors.

(a) The pari-mutuel system of wagering upon the results of any horse or dog race at any horse or dog race meeting conducted or held by any licensee is hereby authorized, if and only if such pari- mutuel wagering is conducted by the licensee within the confines of the licensee's horse racetrack or dog racetrack, and the provisions of section one, article ten, chapter sixty-one of this code, relating to gaming shall not apply to the pari-mutuel system of wagering in manner and form as provided for in this article at any horse or dog race meeting within this state where horse or dog racing shall be permitted for any purse by any licensee. A licensee shall permit or conduct only the pari-mutuel system of wagering within the confines of the licensee's racetrack at which any horse or dog race meeting is conducted or held.
(b) A licensee is hereby expressly authorized to deduct a commission from the pari-mutuel pools, as follows:
(1) The commission deducted by any licensee from the pari-mutuel pools on thoroughbred horse racing, except from thoroughbred horse racing pari-mutuel pools involving what is known as multiple betting in which the winning pari-mutuel ticket or tickets are determined by a combination of two or more winning horses, shall not exceed seventeen and one-fourth percent of the total of the pari-mutuel pools for the day. Out of the commission, as is mentioned in this subdivision, the licensee: (i) Shall pay the pari-mutuel pools tax provided for in subsection (b), section ten of this article; (ii) shall make a deposit into a special fund to be established by the licensee and to be used for the payment of regular purses offered for thoroughbred racing by the licensee, which deposits out of pari-mutuel pools for each day during the months of January, February, March, October, November and December shall be seven and three hundred seventy-five one-thousandths percent of the pari-mutuel pools and which, out of pari-mutuel pools for each day during all other months, shall be six and eight hundred seventy-five one-thousandths percent of the pari-mutuel pools, which shall take effect beginning fiscal year one thousand nine hundred ninety; (iii) shall, after allowance for the exclusion given by subsection (b), section ten of this article, make a deposit into a special fund to be established by the racing commission and to be used for the payment of breeders, awards and capital improvements as authorized by section thirteen-b of this article, which deposits out of pari-mutuel pools shall from the effective date of this section and for fiscal year one thousand nine hundred eighty-five, be four-tenths percent; for fiscal year one thousand nine hundred eighty-six, be seven-tenths percent; for fiscal year one thousand nine hundred eighty-seven, be one percent; for fiscal year one thousand nine hundred eighty-eight, be one and one-half percent; and for fiscal year one thousand nine hundred eighty-nine, and each year thereafter, be two percent of the pools; and (iv) shall pay one tenth of one percent of the pari-mutuel pools into the general fund of the county commission of the county in which the racetrack is located, except if within a municipality, then to the municipal general fund. The remainder of the commission shall be retained by the licensee.
Each licensee that permits or conducts pari-mutuel wagering at the licensee's thoroughbred horse racetrack shall annually pay five hundred thousand dollars from the special fund required by this section to be established by the licensee for the payment of regular purses offered for thoroughbred racing by the licensee into a special fund established by the racing commission for transfer to a pension plan established by the racing commission for all back-stretch personnel, including, but not limited to, exercise riders, trainers, grooms and stable forepersons licensed by the racing commission to participate in horse racing in this state and their dependents.
Each thoroughbred racetrack licensee is authorized to enter into an agreement with its local Horsemen's Benevolent and Protective Association under which an agreed upon percentage of up to two percent of purses actually paid during the preceding month may be paid to the local Horsemen's Benevolent and Protective Association from the special fund required by this section for their respective medical trusts for backstretch personnel and administrative fees.
The commission deducted by any licensee from the pari-mutuel pools on thoroughbred horse racing involving what is known as multiple betting in which the winning pari-mutuel ticket or tickets are determined by a combination of two winning horses shall not exceed nineteen percent and by a combination of three or more winning horses shall not exceed twenty-five percent of the total of such pari-mutuel pools for the day. Out of the commission, as is mentioned in this paragraph, the licensee: (i) Shall pay the pari-mutuel pools tax provided for in subsection (b), section ten of this article; (ii) shall make a deposit into a special fund to be established by the licensee and to be used for the payment of regular purses offered for thoroughbred racing by the licensee, which deposits out of pari-mutuel pools for each day during the months of January, February, March, October, November and December for pools involving a combination of two winning horses shall be eight and twenty-five one-hundredths percent and out of pari-mutuel pools for each day during all other months shall be seven and seventy-five one-hundredths percent of the pari-mutuel pools; and involving a combination of three or more winning horses for the months of January, February, March, October, November and December the deposits out of the fund shall be eleven and twenty- five one-hundredths percent of the pari-mutuel pools; and which, out of pari-mutuel pools for each day during all other months, shall be ten and seventy-five one-hundredths percent of the pari-mutuel pools; (iii) shall, after allowance for the exclusion given by subsection (b), section ten of this article, make a deposit into a special fund to be established by the racing commission and to be used for the payment of breeders' awards and capital improvements as authorized by section thirteen-b of this article, which deposits out of pari-mutuel pools shall from the effective date of this section and for fiscal year one thousand nine hundred eighty-five, be four-tenths percent; for fiscal year one thousand nine hundred eighty-six, be seven-tenths percent; for fiscal year one thousand nine hundred eighty-seven, be one percent; for fiscal year one thousand nine hundred eighty-eight, be one and one-half percent; and for fiscal year one thousand nine hundred eighty-nine, and each year thereafter, be two percent of the pools; and (iv) shall pay one tenth of one percent of the pari-mutuel pools into the general fund of the county commission of the county in which the racetrack is located, except if within a municipality, then to the municipal general fund. The remainder of the commission shall be retained by the licensee.
The commission deducted by the licensee under this subdivision may be reduced only by mutual agreement between the licensee and a majority of the trainers and horse owners licensed by subsection (a), section two of this article or their designated representative. The reduction in licensee commissions may be for a particular race, racing day or days or for a horse race meeting. Fifty percent of the reduction shall be retained by the licensee from the amounts required to be paid into the special fund established by the licensee under the provisions of this subdivision. The racing commission shall promulgate any reasonable rules that are necessary to implement the foregoing provisions.
(2) The commission deducted by any licensee from the pari-mutuel pools on harness racing shall not exceed seventeen and one-half percent of the total of the pari-mutuel pools for the day. Out of the commission the licensee shall pay the pari-mutuel pools tax provided for in subsection (c), section ten of this article and shall pay one tenth of one percent into the general fund of the county commission of the county in which the racetrack is located, except if within a municipality, then to the municipal general fund. The remainder of the commission shall be retained by the licensee.
(3) The commission deducted by any licensee from the pari-mutuel pools on dog racing, except from dog racing pari-mutuel pools involving what is known as multiple betting in which the winning pari-mutuel ticket or tickets are determined by a combination of two or more winning dogs, shall not exceed sixteen and thirty one-hundredths percent of the total of all pari-mutuel pools for the day. The commission deducted by any licensee from the pari-mutuel pools on dog racing involving what is known as multiple betting in which the winning pari-mutuel ticket or tickets are determined by a combination of two winning dogs shall not exceed nineteen percent, by a combination of three winning dogs shall not exceed twenty percent, and by a combination of four or more winning dogs shall not exceed twenty-one percent of the total of such pari-mutuel pools for the day. The foregoing commissions are in effect for the fiscal years one thousand nine hundred ninety and one thousand nine hundred ninety-one. Thereafter, the commission shall be at the percentages in effect prior to the effective date of this article unless the Legislature, after review, determines otherwise. Out of the commissions, the licensee shall pay the pari-mutuel pools tax provided for in subsection (d), section ten of this article and one tenth of one percent of such pari-mutuel pools into the general fund of the county commission of the county in which the racetrack is located. In addition, out of the commissions, if the racetrack is located within a municipality, then the licensee shall also pay three tenths of one percent of the pari-mutuel pools into the general fund of the municipality; or, if the racetrack is located outside of a municipality, then the licensee shall also pay three tenths of one percent of the pari-mutuel pools into the state road fund for use by the division of highways in accordance with the provisions of this subdivision. The remainder of the commission shall be retained by the licensee.
For the purposes of this section, 'municipality' means and includes any Class I, Class II and Class III city and any Class IV town or village incorporated as a municipal corporation under the laws of this state prior to the first day of January, one thousand nine hundred eighty-seven.
Each dog racing licensee, when required by the provisions of this subdivision to pay a percentage of its commissions to the state road fund for use by the division of highways, shall transmit the required funds, in such manner and at such times as the racing commission shall by procedural rule direct, to the state treasurer for deposit in the state treasury to the credit of the division of highways state road fund. All funds collected and received in the state road fund pursuant to the provisions of this subdivision shall be used by the division of highways in accordance with the provisions of article seventeen-a, chapter seventeen of this code for the acquisition of right-of-way for, the construction of, the reconstruction of and the improvement or repair of any interstate or other highway, secondary road, bridge and toll road in the state. If on the first day of July, one thousand nine hundred eighty-nine, any area encompassing a dog racetrack has incorporated as a Class I, Class II or Class III city or as a Class IV town or village, whereas such city, town or village was not incorporated as such on the first day of January, one thousand nine hundred eighty-seven, then on and after the first day of July, one thousand nine hundred eighty-nine, any balances in the state road fund existing as a result of payments made under the provisions of this subdivision may be used by the state road fund for any purpose for which other moneys in the fund may lawfully be used, and in lieu of further payments to the state road fund, the licensee of a racetrack which is located in the municipality shall thereafter pay three tenths of one percent of the pari-mutuel pools into the general fund of the municipality. If no incorporation occurs before the first day of July, one thousand nine hundred eighty-nine, then payments to the state road fund shall thereafter continue as provided for under the provisions of this subdivision.
A dog racing licensee, before deducting the commissions authorized by this subdivision, shall give written notification to the racing commission not less than thirty days prior to any change in the percentage rates for the commissions. The racing commission shall prescribe blank forms for filing the notification. The notification shall disclose the following: (A) The revised commissions to be deducted from the pari-mutuel pools each day on win, place and show betting and on different forms of multiple bettings; (B) the dates to be included in the revised betting; (C) such other information as may be required by the racing commission.
The licensee shall establish a special fund to be used only for capital improvements or long-term debt amortization or both: Provided, That any licensee, heretofore licensed for a period of eight years prior to the effective date of the amendment made to this section during the regular session of the Legislature held in the year one thousand nine hundred eighty-seven, shall establish the special fund to be used only for capital improvements or physical plant maintenance, or both, at the licensee's licensed facility or at the licensee's commonly owned racing facility located within this state. Deposits made into the funds shall be in an amount equal to twenty-five percent of the increased rate total over and above the applicable rate in effect as of the first day of January, one thousand nine hundred eighty-seven, of the pari-mutuel pools for the day. Any amount deposited into the funds must be expended or liability therefor incurred within a period of two years from the date of deposit. Any funds not expended shall be transferred immediately into the state general fund after expiration of the two-year period.
The licensee shall make a deposit into a special fund established by the licensee and used for payment of regular purses offered for dog racing, which deposits out of the licensee's commissions for each day shall be three and seventy-five one-hundredths percent of the pari-mutuel pools.
The licensee shall further establish a special fund to be used exclusively for marketing and promotion programs; the funds shall be in an amount equal to five percent over and above the applicable rates in effect as of the first day of January, one thousand nine hundred eighty-seven of the total pari-mutuel pools for the day.
The racing commission shall prepare and transmit annually to the governor and the Legislature a report of the activities of the racing commission under this subdivision. The report shall include a statement of: The amount of commissions retained by licensees; the amount of taxes paid to the state; the amounts paid to municipalities, counties and the division of highways dog racing fund; the amounts deposited by licensees into special funds for capital improvements or long-term debt amortization and a certified statement of the financial condition of any licensee depositing into the fund; the amounts paid by licensees into special funds and used for regular purses offered for dog racing; the amounts paid by licensees into special funds and used for marketing and promotion programs; and such other information as the racing commission may consider appropriate for review.
(c) In addition to any commission, a licensee of horse race or dog race meetings shall also be entitled to retain the legitimate breakage, which shall be made and calculated to the dime, and from the breakage, the licensee of a horse race meeting (excluding dog race meetings), shall deposit daily fifty percent of the total of the breakage retained by the licensee into the special fund created pursuant to the provisions of subdivision (1), subsection (b) of this section for the payment of regular purses.
(d) The director of audit, and any other auditors employed by the racing commission who are also certified public accountants or experienced public accountants, shall have free access to the space or enclosure where the pari-mutuel system of wagering is conducted or calculated at any horse or dog race meeting for the purpose of ascertaining whether or not the licensee is deducting and retaining only a commission as provided in this section and is otherwise complying with the provisions of this section. They shall also, for the same purposes only, have full and free access to all records and papers pertaining to the pari-mutuel system of wagering and shall report to the racing commission in writing, under oath, whether or not the licensee has deducted and retained any commission in excess of that permitted under the provisions of this section or has otherwise failed to comply with the provisions of this section.
(e) No licensee shall permit or allow any individual under the age of eighteen years to wager at any horse or dog racetrack, knowing or having reason to believe that the individual is under the age of eighteen years.
(f) Notwithstanding the foregoing provisions of subdivision (1), subsection (b) of this section, to the contrary, a thoroughbred licensee qualifying for and paying the alternate reduced tax on pari- mutuel pools provided in section ten of this article shall distribute the commission authorized to be deducted by subdivision (1), subsection (b) of this section as follows: (i) The licensee shall pay the alternate reduced tax provided in section ten of this article; (ii) the licensee shall pay one tenth of one percent of the pari-mutuel pools into the general fund of the county commission of the county in which the racetrack is located, except if within a municipality, then to the municipal general fund; (iii) the licensee shall pay one half of the remainder of the commission into the special fund established by the licensee and to be used for the payment of regular purses offered for thoroughbred racing by the licensee; and (iv) the licensee shall retain the amount remaining after making the payments required in this subsection.
(g) Each kennel which provides or races dogs owned or leased by others shall furnish to the commission a surety bond in an amount to be determined by the commission to secure the payment to the owners or lessees of the dogs the portion of any purse owed to the owner or lessee.
§19-23-10. Daily license tax; pari-mutuel pools tax; how taxes paid; alternate tax; credits.
(a) Any racing association conducting thoroughbred racing at any horse racetrack in this state shall pay each day upon which horse races are run a daily license tax of two hundred fifty dollars. Any racing association conducting harness racing at any horse racetrack in this state shall pay each day upon which horse races are run a daily license tax of one hundred fifty dollars. Any racing association conducting dog races shall pay each day upon which dog races are run a daily license tax of one hundred fifty dollars. In the event thoroughbred racing, harness racing, dog racing, or any combination of the foregoing are conducted on the same day at the same racetrack by the same racing association, only one daily license tax in the amount of two hundred fifty dollars shall be paid for that day. Any daily license tax shall not apply to any local, county or state fair, horse show or agricultural or livestock exposition at which horse racing is conducted for not more than six days.

(b) Any racing association licensed by the racing commission to conduct thoroughbred racing and permitting and conducting pari-mutuel wagering under the provisions of this article shall, in addition to the daily license tax set forth in subsection (a) of this section, pay to the racing commission, from the commission deducted each day by the licensee from the pari-mutuel pools on thoroughbred racing a tax calculated on the total daily contribution of all pari-mutuel pools conducted or made at any and every thoroughbred race meeting of the licensee licensed under the provisions of this article. The tax, on the pari-mutuel pools conducted or made each day during the months of January, February, March, October, November and December, shall from the effective date of this section and for fiscal year one thousand nine hundred eighty-five be calculated at two and six-tenths percent; for fiscal year one thousand nine hundred eighty-six, be calculated at two and three-tenths percent; for fiscal year one thousand nine hundred eighty-seven, be calculated at two percent of the pool; for fiscal year one thousand nine hundred eighty-eight, be calculated at one and one-half percent; for fiscal year one thousand nine hundred eighty-nine, be calculated at one percent of the pool; for fiscal year one thousand nine hundred ninety, seven tenths of one percent, and for fiscal year one thousand nine hundred ninety-one and each fiscal year thereafter be calculated at four tenths of one percent of the pool; and, on the pari-mutuel pools conducted or made each day during all other months, shall from the effective date of this section and for fiscal year one thousand nine hundred eighty-five, be calculated at three and six-tenths percent; for fiscal year one thousand nine hundred eighty-six, be calculated at three and three-tenths percent; for fiscal year one thousand nine hundred eighty-seven, be calculated at three percent of the pool; for fiscal year one thousand nine hundred eighty-eight, be calculated at two and one-half percent; for fiscal year one thousand nine hundred eighty-nine, be calculated at two percent of the pool; for fiscal year one thousand nine hundred ninety, be calculated at one and seven-tenths percent of the pool; and for fiscal year one thousand nine hundred ninety-one and each fiscal year thereafter, be calculated at one and four- tenths percent of the pool: Provided, That out of the amount realized from the three tenths of one percent decrease in the tax effective for fiscal year one thousand nine hundred ninety-one and thereafter, which decrease correspondingly increases the amount of commission retained by the licensee, the licensee shall annually expend or dedicate: (i) One half of the realized amount for capital improvements in its barn area at the track, subject to the racing commission's prior approval of the plans for the improvements; and (ii) the remaining one half of the realized amount for capital improvements as the licensee may determine appropriate at the track. The term 'capital improvement' shall be as defined by the Internal Revenue Code: Provided, however, That any racing association operating a horse racetrack in this state having an average daily pari-mutuel pool on horse racing of two hundred eighty thousand dollars or less per day for the race meetings of the preceding calendar year shall, in lieu of payment of the pari-mutuel pool tax, calculated as in this subsection, be permitted to conduct pari-mutuel wagering at the horse racetrack on the basis of a daily pari-mutuel pool tax fixed as follows: On the daily pari-mutuel pool not exceeding three hundred thousand dollars the daily pari-mutuel pool tax shall be one thousand dollars plus the otherwise applicable percentage rate imposed by this subsection of the daily pari-mutuel pool, if any, in excess of three hundred thousand dollars: Provided further, That upon the effective date of the reduction of the daily pari-mutuel pool tax to one thousand dollars from the former two thousand dollars, the association or licensee shall daily deposit five hundred dollars into the special fund for regular purses established by subdivision (1), subsection (b), section nine of this article: And provided further, That if an association or licensee qualifying for the foregoing alternate tax conducts more than one racing performance, each consisting of up to ten thirteen races in a calendar day, the association or licensee shall pay both the daily license tax imposed in subsection (a) of this section and the alternate tax in this subsection for each performance: And provided further, That a licensee qualifying for the foregoing alternate tax is excluded from participation in the fund established by section thirteen-b of this article: And provided further, That this exclusion shall not apply to any thoroughbred racetrack at which the licensee has participated in the West Virginia thoroughbred development fund for more than four consecutive years prior to the thirty-first day of December, one thousand nine hundred ninety-two.

(c) Any racing association licensed by the racing commission to conduct harness racing and permitting and conducting pari-mutuel wagering under the provisions of this article shall, in addition to the daily license tax required under subsection (a) of this section, pay to the racing commission, from the commission deducted each day by the licensee from the pari-mutuel pools on harness racing, as a tax, three percent of the first one hundred thousand dollars wagered, or any part thereof; four percent of the next one hundred fifty thousand dollars; and five and three-fourths percent of all over that amount wagered each day in all pari-mutuel pools conducted or made at any and every harness race meeting of the licensee licensed under the provisions of this article.

(d) Any racing association licensed by the racing commission to conduct dog racing and permitting and conducting pari-mutuel wagering under the provisions of this article shall, in addition to the daily license tax required under subsection (a) of this section, pay to the racing commission, from the commission deducted each day by the licensee from the pari-mutuel pools on dog racing, as a tax, four percent of the first fifty thousand dollars or any part thereof of the pari-mutuel pools, five percent of the next fifty thousand dollars of the pari-mutuel pools, six percent of the next one hundred thousand dollars of the pari-mutuel pools, seven percent of the next one hundred fifty thousand dollars of the pari-mutuel pools, and eight percent of all over three hundred fifty thousand dollars wagered each day: Provided, That the licensee shall deduct daily from the pari-mutuel tax an amount equal to one tenth of one percent of the daily pari-mutuel pools in dog racing in fiscal year one thousand nine hundred ninety; fifteen hundredths of one percent in fiscal year one thousand nine hundred ninety-one; two tenths of one percent in fiscal year one thousand nine hundred ninety-two; one quarter of one percent in fiscal year one thousand nine hundred ninety-three; and three tenths of one percent in fiscal year one thousand nine hundred ninety-four and every fiscal year thereafter. The amounts deducted shall be paid to the racing commission to be deposited by the racing commission in a banking institution of its choice in a special account to be known as 'West Virginia Racing Commission-Special Account-West Virginia Greyhound Breeding Development Fund'. The purpose of the fund is to promote better breeding and racing of greyhounds in the state through awards and purses to bona fide resident registered greyhound owners of accredited West Virginia whelped greyhounds. In order to be eligible to receive an award or purse through the fund, the registered greyhound owner of the accredited West Virginia whelped greyhound must be a bonafide resident of this state. To qualify as a bona fide resident of West Virginia, a registered greyhound owner may not claim residency in any other state. A registered greyhound owner must prove bona fide residency by providing to the commission personal income tax returns filed in the state of West Virginia for the most recent tax year and the three previous tax years, has real or personal property in this state on which the owner has paid real or personal property taxes during the most recent tax year and the previous three tax years and an affidavit stating that the owner claims no other state of residency. The racing commission and the West Virginia registered greyhound owners and breeders association shall maintain a registry for West Virginia bred greyhounds. The moneys shall be expended by the racing commission for purses for stake races, supplemental purse awards, administration, promotion and educational programs involving West Virginia whelped dogs, owned by residents of this state under rules and regulations promulgated by the racing commission. The racing commission shall pay out of the greyhound breeding development fund to each of the licensed dog racing tracks the sum of seventy-five thousand dollars for the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-four. The licensee shall deposit the sum into the special fund for regular purses established under the provisions of section nine of this article. The funds shall be expended solely for the purpose of supplementing regular purses under rules and regulations promulgated by the racing commission.

Supplemental purse awards will be distributed as follows: Supplemental purses shall be paid directly to the registered greyhound owner of an accredited greyhound. or, if the greyhound is leased, the owner may choose to designate a percentage of the purse earned directly to the lessor as agreed to via a written purse distribution form on file with the racing commission.

The registered greyhound owner of accredited West Virginia whelped greyhounds that earn a purse at any West Virginia meet will receive a bonus award calculated at the end of each month as a percentage of the fund dedicated to the owners as purse supplements, which shall be a minimum of fifty percent of the total moneys deposited into the West Virginia greyhound breeding development fund monthly.

The total amount of the fund available for the owners' awards shall be distributed according to the ratio of purses earned by an accredited greyhound to the total amount earned in races by all accredited West Virginia whelped greyhounds for that month as a percentage of the funds dedicated to the owners' purse supplements.

The registered greyhound owner of an accredited West Virginia whelped greyhound shall file a purse distribution form with the racing commission for a percentage of his or her dog's earnings to be paid directly to the lessor registered greyhound owner or owners of the greyhound. Distribution shall be made on the fifteenth day of each month for the preceding month's achievements.

In no event shall purses earned at a meet held at a track which did not make contributions to the West Virginia greyhound breeder's development fund out of the daily pool on the day the meet was held qualify or count toward eligibility for supplemental purse awards.

Any balance in the purse supplement funds after all distributions have been made for the year revert to the general account of the fund for distribution in the following year.

In an effort to further promote the breeding of quality West Virginia whelped greyhounds, a bonus purse supplement shall be established in the amount of fifty thousand dollars per annum, to be paid in equal quarterly installments of twelve thousand five hundred dollars per quarter using the same method to calculate and distribute these funds as the regular supplemental purse awards. This bonus purse supplement is for three years only, commencing on the first day of July, one thousand nine hundred ninety-three, and ending the thirtieth day of June, one thousand nine hundred ninety-six. This money would come from the current existing balance in the greyhound development fund.

Each pari-mutuel greyhound track shall provide stakes races for accredited West Virginia whelped greyhounds: Provided, That each pari-mutuel track shall have one juvenile and one open stake race annually. The racing commission shall oversee and approve racing schedules and purse amounts.

Ten percent of the deposits into the greyhound breeding development fund beginning the first day of July, one thousand nine hundred ninety-three and continuing each year thereafter, shall be withheld by the racing commission and placed in a special revenue account hereby created in the state treasury called the 'administration, promotion and educational account'. The racing commission is authorized to expend the moneys deposited in the administration, promotion and educational account at such times and in such amounts as the commission determines to be necessary for purposes of administering and promoting the greyhound development program: Provided, That beginning with fiscal year one thousand nine hundred ninety-five and in each fiscal year thereafter in which the commission anticipates spending any money from the account, the commission shall submit to the executive department during the budget preparation period prior to the Legislature convening before that fiscal year for inclusion in the executive budget document and budget bill, the recommended expenditures, as well as requests of appropriations for the purpose of administration, promotion and education. The commission shall make an annual report to the Legislature on the status of the administration, promotion and education account, including the previous year's expenditures and projected expenditures for the next year.

The racing commission, for the fiscal year one thousand nine hundred ninety-four only, may expend up to thirty-five thousand dollars from the West Virginia greyhound breeding development fund to accomplish the purposes of this section without strictly following the requirements in the previous paragraph.

(e) All daily license and pari-mutuel pools tax payments required under the provisions of this section shall be made to the racing commission or its agent after the last race of each day of each horse or dog race meeting, and the pari-mutuel pools tax payments shall be made from all contributions to all pari-mutuel pools to each and every race of the day.

(f) Every association or licensee subject to the provisions of this article, including the changed provisions of sections nine and ten of this article, shall annually submit to the racing commission and the Legislature financial statements, including a balance sheet, income statement, statement of change in financial position and an audit of any electronic data system used for pari- mutuel tickets and betting, prepared in accordance with generally accepted auditing standards, as certified by an experienced public accountant or a certified public accountant.
§19-23-13. Disposition of funds for payment of outstanding and
unredeemed pari-mutuel tickets; publication of notice; irredeemable tickets; stake races for dog tracks.


(a) All moneys held by any licensee for the payment of outstanding and unredeemed pari- mutuel tickets, if not claimed within ninety days after the close of a horse or dog race meeting or the televised racing day, as the case may be, in connection with which the tickets were issued, shall be turned over by the licensee to the racing commission within fifteen days after the expiration of the ninety-day period, and the licensee shall give any information required by the racing commission concerning the outstanding and unredeemed tickets. The moneys shall be deposited by the racing commission in a banking institution of its choice in a special account to be known as 'West Virginia Racing Commission Special Account - Unredeemed Pari-Mutuel Tickets.' Notice of the amount, date and place of each deposit shall be given by the racing commission, in writing, to the state treasurer. The racing commission shall then cause to be published a notice to the holders of the outstanding and unredeemed pari-mutuel tickets, notifying them to present their unredeemed tickets for payment at the principal office of the racing commission within ninety days from the date of the publication of the notice. The notice shall be published within fifteen days following the receipt of the outstanding and unredeemed pari-mutuel ticket moneys by the commission from the licensee as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for the publication shall be the county in which the horse or dog race meeting was held and the county in which the televised racing day wagering was conducted in this state.

(b) Any outstanding and unredeemed pari-mutuel tickets that are not presented for payment within ninety days from the date of the publication of the notice are thereafter irredeemable, and the moneys theretofore held for the redemption of the pari-mutuel tickets shall become the property of the racing commission and shall be expended as provided in this subsection: Provided, That in the event there are more than ten races in any performance, the moneys distributed from the separate accounts provided for in this section will be allocated in a total amount as if there were no more than ten races in any given performance. The racing commission shall maintain separate accounts for each licensee and shall record in each separate account the moneys turned over by the licensee and the amount expended at the licensee's track for the purposes set forth in this subsection. The moneys in the West Virginia racing commission special account - unredeemed pari-mutuel tickets shall be expended as follows:

(1) To the owner of the winning horse in any horse race at a horse race meeting held or conducted by any licensee: Provided, That the owner of the horse is at the time of the horse race a bona fide resident of this state, a sum equal to ten percent of the purse won by the horse at that race. The commission may require proof that the owner was, at the time of the race, a bona fide resident of this state. Upon proof by the owner that he or she filed a personal income tax return in this state for the previous two years and that he or she owned real or personal property in this state and paid taxes in this state on real or personal property for the previous two years, he or she shall be presumed to be a bona fide resident of this state; and

(2) To the breeder (that is, the owner of the mare) of the winning horse in any horse race at a horse race meeting held or conducted by any licensee: Provided, That the mare foaled in this state, a sum equal to ten percent of the purse won by the horse; and

(3) To the owner of the stallion which sired the winning horse in any horse race at a horse race meeting held or conducted by any licensee: Provided, That the mare which foaled the winning horse was served by a stallion standing and registered in this state, a sum equal to ten percent of the purse won by the horse; and

(4) To those horse racing licensees not participating in the thoroughbred development fund authorized in section thirteen-b of this article, the unexpended balance of the licensee's account not expended as provided in subdivisions (1), (2) and (3) of this subsection: Provided, That all moneys distributed under this subdivision shall be expended solely for capital improvements at the licensee's track: Provided, however, That the capital improvements must be approved, in writing, by the West Virginia racing commission before funds are expended by the licensee for that capital improvement; and

(5) When the moneys in the special account, known as the West Virginia racing commission special account - unredeemed pari-mutuel tickets will more than satisfy the requirements of subdivisions (1), (2), (3) and (4) of this subsection, the West Virginia racing commission shall have the authority to expend the excess moneys from unredeemed horse racing pari-mutuel tickets as purse money in any race conditioned exclusively for West Virginia bred or sired horses, and to expend the excess moneys from unredeemed dog racing pari-mutuel tickets in supplementing purses and establishing stake races and dog racing handicaps at the dog tracks: Provided, That subject to the availability of funds, the commission shall, after the requirements of subdivisions (1), (2), (3) and (4) of this subsection have been satisfied:

(A) Transfer annually two hundred thousand dollars to the West Virginia racing commission special account - West Virginia greyhound breeding development fund;

(B) Transfer annually two hundred thousand dollars into a separate account to be used for stakes races for West Virginia bred greyhounds at dog racetracks; and

(C) Transfer annually two hundred thousand dollars to a trust maintained and administered by the organization which is recognized by the West Virginia racing commission, pursuant to a legislative rule proposed for promulgation by the commission and authorized by the Legislature, as the representative of the majority of the active jockeys in West Virginia, for the purpose of providing health and disability benefits to eligible active or disabled West Virginia jockeys and their dependents in accordance with eligibility criteria established by said organization. For purposes of this section in determining health benefits, an eligible active jockey is one who rides at least one hundred mounts per calendar year of which fifty-one must be in the state of West Virginia: Provided, That a jockey is not eligible for health benefits if he or she receives health benefits from any other state; and

(D) After all payments to satisfy the requirements of (A), (B) and (C) of this proviso have been satisfied, the commission shall have authority to transfer one hundred fifty thousand dollars left from all uncashed pari-mutuel tickets to the trust maintained and administered by the organization which is recognized by the West Virginia racing commission, pursuant to legislative rule proposed for promulgation by the commission and authorized by the Legislature as the representative of the majority of the active jockeys in West Virginia.

(c) The commission shall submit to the legislative auditor a quarterly report and accounting of the income, expenditures and unobligated balance in the special account created by this section known as the West Virginia racing commission special account - unredeemed pari-mutuel tickets.

(d) Nothing contained in this article shall prohibit one person from qualifying for all or more than one of the aforesaid awards or for awards under section thirteen-b of this article.

(e) The cost of publication of the notice provided for in this section shall be paid from the funds in the hands of the state treasurer collected from the pari-mutuel pools' tax provided for in section ten of this article, when not otherwise provided in the budget; but no such costs shall be paid unless an itemized account thereof, under oath, be first filed with the state auditor.
§19-23-13b. West Virginia thoroughbred development fund; distribution; restricted races; nonrestricted purse supplements; preference for West Virginia accredited thoroughbreds.


(a) The racing commission shall deposit moneys required to be withheld by an association or licensee in subsection (b), section nine of this article in a banking institution of its choice in a special account to be known as 'West Virginia racing commission special account -- West Virginia thoroughbred development fund.' Notice of the amount, date and place of the deposit shall be given by the racing commission, in writing, to the state treasurer. The purpose of the fund is to promote better breeding and racing of thoroughbred horses in the state through awards and purses for accredited breeders/raisers, sire owners and thoroughbred race horse owners. A further objective of the fund is to aid in the rejuvenation and development of the present horse tracks now operating in West Virginia for capital improvements, operations or increased purses: Provided, That five percent of the deposits required to be withheld by an association or licensee in subsection (b), section nine of this article shall be placed in a special revenue account hereby created in the state treasury called the 'administration and promotion account.'

(b) The racing commission is authorized to expend the moneys deposited in the administration and promotion account at times and in amounts as the commission determines to be necessary for purposes of administering and promoting the thoroughbred development program: Provided, That during any fiscal year in which the commission anticipates spending any money from the account, the commission shall submit to the executive department during the budget preparation period prior to the Legislature convening before that fiscal year for inclusion in the executive budget document and budget bill the recommended expenditures, as well as requests of appropriations for the purpose of administration and promotion of the program. The commission shall make an annual report to the Legislature on the status of the administration and promotion account, including the previous year's expenditures and projected expenditures for the next year.

(c) The fund and the account established in subsection (a) of this section shall operate on an annual basis.

(d) Funds in the thoroughbred development fund shall be expended for awards and purses except as otherwise provided in this section. Annually, the first three hundred thousand dollars of the fund shall be available for distribution for stakes races. One of the stakes races shall be the West Virginia futurity and the second shall be the Frank Gall memorial stakes. For the purpose of participating in the West Virginia futurity only, all mares, starting with the breeding season beginning the first day of February through the thirty-first day of July, two thousand four, and each successive breeding season thereafter shall be bred back that year to an accredited West Virginia stallion only which is registered with the West Virginia thoroughbred breeders association. The remaining races may be chosen by the committee set forth in subsection (g) of this section.

(e) Awards and purses shall be distributed as follows:

(1) The breeders/raisers of accredited thoroughbred horses that earn a purse at any West Virginia meet shall receive a bonus award calculated at the end of the year as a percentage of the fund dedicated to the breeders/raisers, which shall be sixty percent of the fund available for distribution in any one year. The total amount available for the breeders'/raisers' awards shall be distributed according to the ratio of purses earned by an accredited race horse to the total amount earned in the races by all accredited race horses for that year as a percentage of the fund dedicated to the breeders/raisers. However, no breeder/raiser may receive from the fund dedicated to breeders'/raisers' awards an amount in excess of the earnings of the accredited horse at West Virginia meets. In addition, should a horse's breeder and raiser qualify for the same award on the same horse, they will each be awarded one half of the proceeds. The bonus referred to in this subdivision (1) may only be paid on the first one hundred thousand dollars of any purse, and not on any amounts in excess of the first one hundred thousand dollars.

(2) The owner of a West Virginia sire of an accredited thoroughbred horse that earns a purse in any race at a West Virginia meet shall receive a bonus award calculated at the end of the year as a percentage of the fund dedicated to sire owners, which shall be fifteen percent of the fund available for distribution in any one year. The total amount available for the sire owners' awards shall be distributed according to the ratio of purses earned by the progeny of accredited West Virginia stallions in the races for a particular stallion to the total purses earned by the progeny of all accredited West Virginia stallions in the races. However, no sire owner may receive from the fund dedicated to sire owners an amount in excess of thirty-five percent of the accredited earnings for each sire. The bonus referred to in this subdivision (2) shall only be paid on the first one hundred thousand dollars of any purse, and not on any amounts in excess of the first one hundred thousand dollars.

(3) The owner of an accredited thoroughbred horse that earns a purse in any race at a West Virginia meet shall receive a restricted purse supplement award calculated at the end of the year, which shall be twenty-five percent of the fund available for distribution in any one year, based on the ratio of the earnings in the races of a particular race horse to the total amount earned by all accredited race horses in the races during that year as a percentage of the fund dedicated to purse supplements. However, the owners may not receive from the fund dedicated to purse supplements an amount in excess of thirty-five percent of the total accredited earnings for each accredited race horse. The bonus referred to in this subdivision shall only be paid on the first one hundred thousand dollars of any purse, and not on any amounts in excess of the first one hundred thousand dollars.

(4) In no event may purses earned at a meet held at a track which did not make a contribution to the thoroughbred development fund out of the daily pool on the day the meet was held qualify or count toward eligibility for an award under this subsection.

(5) Any balance in the breeders/raisers, sire owners and purse supplement funds after yearly distributions shall first be used to fund the races established in subsection (g) of this section. Any amount not so used shall revert back into the general account of the thoroughbred development fund for distribution in the next year.

Distribution shall be made on the fifteenth day of each February for the preceding year's achievements.

(f) The remainder, if any, of the thoroughbred development fund that is not available for distribution in the program provided for in subsection (e) of this section in any one year is reserved for regular purses, marketing expenses and for capital improvements in the amounts and under the conditions provided in this subsection (f).

(1) Fifty percent of the remainder shall be reserved for payments into the regular purse fund established in subsection (b), section nine of this article.

(2) Up to five hundred thousand dollars per year shall be available for:

(A) Capital improvements at the eligible licensed horse racing tracks in the state; and

(B) Marketing and advertising programs above and beyond two hundred fifty thousand dollars for the eligible licensed horse racing tracks in the state: Provided, That moneys shall be expended for capital improvements or marketing and advertising purposes as described in this subsection only in accordance with a plan filed with and receiving the prior approval of the racing commission, and on a basis of fifty percent participation by the licensee and fifty percent participation by moneys from the fund, in the total cost of approved projects: Provided, however, That funds approved for one track may not be used at another track unless the first track ceases to operate or is viewed by the commission as unworthy of additional investment due to financial or ethical reasons.

(g) (1) Each pari-mutuel thoroughbred horse track shall provide at least one restricted race per two racing days day: Provided, That sufficient horses and funds are available.

(2) The restricted races established in this subsection shall be administered by a three- member committee consisting of:

(A) The racing secretary;

(B) A member appointed by the authorized representative of a majority of the owners and trainers at the thoroughbred track; and

(C) A member appointed by a majority of the thoroughbred breeders.

(3) The purses for the restricted races established in this subsection shall be twenty percent larger than the purses for similar type races at each track.

(4) Restricted races shall be funded by each racing association from:

(A) Moneys placed in the general purse fund up to a maximum of three hundred fifty thousand dollars per year.

(B) Moneys as provided in subdivision (5), subsection (e) of this section, which shall be placed in a special fund called the 'West Virginia accredited race fund.'

(5) The racing schedules, purse amounts and types of races are subject to the approval of the West Virginia racing commission.

(h) As used in this section, 'West Virginia bred-foal' means a horse that was born in the state of West Virginia.

(i) To qualify for the West Virginia accredited race fund, the breeder must qualify under one of the following:

(1) The breeder of the West Virginia bred-foal is a West Virginia resident;

(2) The breeder of the West Virginia bred-foal is not a West Virginia resident, but keeps his or her breeding stock in West Virginia year round; or

(3) The breeder of the West Virginia bred-foal is not a West Virginia resident and does not qualify under subdivision (2) of this subsection, but either the sire of the West Virginia bred-foal is a West Virginia stallion, or the mare is covered by a West Virginia stallion following the birth of that West Virginia bred-foal.

(j) No association or licensee qualifying for the alternate tax provision of subsection (b), section ten of this article is eligible for participation in any of the provisions of this section: Provided, That the provisions of this subsection do not apply to a thoroughbred race track at which the licensee has participated in the West Virginia thoroughbred development fund for a period of more than four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two.

(k) From the first day of July, two thousand one, West Virginia accredited thoroughbred horses have preference for entry in all accredited races at a thoroughbred race track at which the licensee has participated in the West Virginia thoroughbred development fund for a period of more than four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two."

The bill was then ordered to engrossment and third 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. 4561, Authorizing the director of the division of natural resources to allow nonresidents to train dogs for coon hunting,
H. B. 4582, Limiting the division of labor elevator inspectors to inspection of elevators in state owned buildings,
H. B. 4625, Authorizing the tourism commission the use of the tourism promotion fund to support the 2004 Pete Dye West Virginia Classic,
H. B. 4626, Providing a salary supplement for providers of medicaid eligible services in the public schools,
Com. Sub. for H. B. 4697, Exempting from taxation property used exclusively for retirement homes,

And,
H. B. 4709, Allowing the commissioner of labor to charge fees for laboratory services and calibrations.
Com. Sub. for H. B. 4712, Providing autonomy and operating flexibility to certain higher education institutions; on second reading, coming up in regular order, was read a second time and, on motion of Delegate Staton, advanced to third reading with the right to amend on that 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:

H. B. 4742, Prohibiting state institutions of higher education from requiring students to purchase bundled textbook packages,

And,
H. B. 4743, Establishing conditions precedent to eliminating certain National Collegiate Athletic Association eligible teams.

At 12:36 p.m., on motion of Delegate Staton, the House of Delegates recessed until 4:30 p.m., and reconvened at that time.
* * * * * * * * * *



Evening Session

* * * * * * * * * *



Committee Reports


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. 4634, Requiring persons incarcerated in county and regional jails who have been convicted of a misdemeanor reimburse the county for the cost incurred for his or her incarceration,

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

In the absence of objection, reference of the bill (H. B. 4634) 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 (H. B. 4634) 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. 2237, Adding a magistrate in Wood County,

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

In the absence of objection, reference of the bill (H. B. 2237) 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 (H. B. 2237) 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. 4446, Modifying various procedures related to motor vehicle mandatory insurance,
H. B. 4485, Providing that accessible parking violations will be considered motor vehicle violations and criminal offenses for certain penalty and record keeping purposes,
H. B. 4515, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings,

And,

H. B. 4613, Relating to the employment of home incarceration supervisors,

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. 4446, H. B. 4485, H. B. 4515 and H. B. 4613) 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. 4491, Relating to mine inspectors,

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

Com. Sub. for H. B. 4491 - "A Bill to amend and reenact §22A-1-8, §22A-1-9, §22A-1-11, §22A-1-12 and §22A-1-13 of the code of West Virginia, 1931, as amended, all relating to mine inspectors and instructors employed by the office of miners' health, safety and training; regions and districts; and qualifications, examinations, appointments, salaries, expense reimbursements, tenure and removal of mine safety instructors, electrical inspectors and mine inspectors,"
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. 199, Relating to appointments to commission for deaf and hard-of-hearing,

S. B. 296, Continuing center for professional development board,

And,

S. B. 471, Continuing state board of risk and insurance management,

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. 199, S. B. 296 and S. B. 471) 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. 4048, Updating references to the university of West Virginia board of trustees and the state college system board of directors with current reference to the higher education policy commission,

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 (H. B. 4048) 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 (H. B. 4048) will be placed on the Consent Calendar.

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

Your Committee Finance on has had under consideration:

H. B. 4521, Increasing the current annual registration fee for underground storage tanks and requiring the DEP to annually report on the status of the fund and the underground storage tank program,

And,

H. B. 4567, Relating to the motor carrier road tax and international fuel tax agreement,

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

At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4521 and H. B. 4567) were each taken up for immediate consideration, read a second time and ordered to third reading, with the right to amend on that reading, and then, in accordance with the provisions of House Rule 70a, were ordered to 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. 4036, Relating to legislative appropriation of tobacco settlement funds,

And,

H. B. 4545, Teachers' Retirement Equity Act,

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

At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4036 and H. B. 4545) were taken up for immediate consideration, read a second time and ordered to third reading, with the right to amend on that reading, and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.

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

By Delegates Michael, Warner, Campbell, Foster, Cann, H. White and Doyle:

H. B. 4747 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-24a; and to amend and reenact §61-7-4 of said code, all relating to requiring the collection of fees by the state police for performing adult private employment fingerprinting or fingerprinting for federal firearm permits; and increasing fees to be paid to the superintendent of the state police prior to issuance of a concealed weapons permit."

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

Your Committee on Government Organization has had under further consideration:

H. B. 4641, Establishing a credentialing program for dialysis technicians by the board of registered professional nurses,

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

At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 4641) to the Committee on Finance was abrogated, and it was taken up for immediate consideration, read a second time and ordered to third reading with the right to amend on that reading.

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. 4495, Providing that the assignment and transfer of real property for research and development at institutions of higher education for economic development purposes includes housing projects,

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

Com. Sub. for H. B. 4495 - "A Bill to amend and reenact §18B-12-10 of the code of West Virginia, 1931, as amended, relating to the assignment and transfer of real property for research and development at institutions of higher education for economic development purposes; and providing that economic development includes housing projects,"

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. 4495) 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. 2991, Relating to the fee charged by fiduciary commissioners in settling an estate,

And,

H. B. 4585, Permitting the use of speaker phones or other electronic means unless specifically prohibited by articles of incorporation or bylaws,

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. 2991 and H. B. 4585) 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. 4354, Authorizing county commissions to adopt ordinances to reduce false alarms,

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

Com. Sub. for H. B. 4354 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to authorizing county commissions to adopt ordinances to reduce false alarms,"

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 4354) 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. 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 with the recommendation that it do pass.

At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4468) was taken up for immediate consideration, read a second time and then ordered to third reading with the right to amend on that reading.

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

Your Committee on Finance has had under consideration:

H. B. 4283, Permitting all honorably retired law-enforcement officers of the state and the federal government to carry a concealed weapon free from providing bond and free of the payment of fees,

H. B. 2692, Including boat retailers in the special method for appraising dealer vehicle inventory,

And,

H. B. 4708, Adjusting the formula by which the Public Service Commission distributes wireless enhanced 911 fee revenues to the counties,

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

At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4283, H. B. 2692 and H. B. 4708) were taken up for immediate consideration, read a second time, ordered to third reading with the right to amend on that reading and then, in accordance with the provisions of House Rule 70a, were ordered to 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. 4008, Abolishing the insurance and retirement division and creating a new employee and insurance services division,

H. B. 4660, Providing for the disposition of funds or assets recovered in a legal action or settlement by or on behalf of the general public, the state or its officers, agencies or political subdivisions,

H. B. 4661, Requiring the attorney general to provide legal services upon the request of state agencies,

And,

H. B. 4059, Distributing net terminal income of racetrack video lottery terminals from reduced distributions to the tourism development fund.

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

At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4008, H. B. 4660, H. B. 4661 and H. B. 4059) were each taken up for immediate consideration, read a second time and ordered to third reading, with the right to amend on that reading, and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.


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. 4286, Repealing the section of the code relating to coverage for alcoholic treatment because it is superseded by another part of the code.

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. 4449, Allowing both residents and nonresidents to apply for and obtain a Class Q permit for disabled persons.

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. 28 - "A Bill to amend and reenact §38-8-1 of the code of West Virginia, 1931, as amended, relating to increasing the monetary value of exemptions from levy, forced sale, attachment or execution of certain personal property."; which was referred to the Committee on the Judiciary.

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

Com. Sub. for S. B. 34 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-4-46, relating to credit card fraud; limiting liability of a West Virginia merchant for credit card fraud for card-not-present transactions; limiting rates charged; and requiring certain entities to report annually to the attorney general concerning credit card fraud committed against businesses in this state"; which was referred to the Committee on Banking and Insurance then the Judiciary.

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

Com. Sub. for S. B. 67 - "A Bill to amend and reenact §4-2-5 of the code of West Virginia, 1931, as amended, relating to the powers and duties of the legislative auditor; requiring a statement to the legislative auditor within six months of a fiscal or performance audit responding to the recommendations set forth in the legislative audit; requiring the statement to be filed with the legislature; and providing that failure to comply may constitute misfeasance of office"; which was referred to the Committee on Government Organization.

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

Com. Sub. for S. B. 119 - "A Bill to amend and reenact §61-3-24 of the code of West Virginia, 1931, as amended, relating to an enhanced criminal penalty for obtaining money, property and services by false pretenses from persons sixty-five years of age and older"; which was referred to the Committee on the Judiciary.

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

Com. Sub. for S. B. 149 - "A Bill to repeal §5A-2-2, §5A-2-3, §5A-2-4, §5A-2-5, §5A-2-6, §5A-2-7, §5A-2-8, §5A-2-9, §5A-2-10, §5A-2-11, §5A-2-12, §5A-2-13, §5A-2-14, §5A-2-14a, §5A- 2-15, §5A-2-16, §5A-2-17, §5A-2-18, §5A-2-19, §5A-2-20, §5A-2-21, §5A-2-22, §5A-2-23, §5A-2- 25, §5A-2-26, §5A-2-27, §5A-2-28, §5A-2-29, §5A-2-30 and §5A-2-31 of the code of West Virginia, 1931, as amended; to amend and reenact §5A-1-2, §5A-1-4 and §5A-1-5 of said code; to amend and reenact §5A-2-1, §5A-2-24 and §5A-2-32 of said code; and to amend said code by adding thereto a new chapter, designated §11B-1-1, §11B-1-2, §11B-1-3, §11B-1-4, §11B-1-5, §11B-1-6, §11B-1-7, §11B-2-1, §11B-2-2, §11B-2-3, §11B-2-4, §11B-2-5, §11B-2-6, §11B-2-7, §11B-2-8, §11B-2-9, §11B-2-10, §11B-2-11, §11B-2-12, §11B-2-13, §11B-2-14, §11B-2-15, §11B- 2-16, §11B-2-17, §11B-2-18, §11B-2-19, §11B-2-20, §11B-2-21, §11B-2-22, §11B-2-23, §11B-2- 24, §11B-2-25, §11B-2-26, §11B-2-27, §11B-2-28, §11B-2-29, §11B-2-30 and §11B-2-31, all relating generally to department of tax and revenue and office of secretary of tax and revenue and their powers, duties and responsibilities; changing the name of department of tax and revenue to department of revenue; changing name of office of secretary of tax and revenue to office of secretary of revenue; increasing membership of council of finance and administration by making secretary of revenue an ex officio member; continuing misdemeanor penalties for noncompliance by secretaries and spending officers with requirements to provide certain budget and budget-related information; identifying agencies, boards, commissions, division and offices comprising department of revenue; specifying powers and duties of secretary; requiring periodic reports; authorizing delegations of authority; providing rules for safeguarding confidential information; providing right of appeal from interference with functioning of an agency; transferring budget section of finance division of department of administration to department of revenue and making secretary of revenue state budget director; providing rules to effectuate transfer of budget section and transition; moving language pertaining to work of budget section and preparation of budget to new chapter of the code; and making other technical or conforming changes to implement or effectuate these various changes"; which was referred to the Committee on Government Organization then Finance.

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

Com. Sub. for S. B. 161 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-47-1 and §33-47-2, all relating to creating a West Virginia insurance plan; providing findings; and directing the insurance commissioner to study the feasibility of implementing the plan"; which was referred to the Committee on Finance.

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

Com. Sub. for S. B. 176 - "A Bill to amend and reenact §33-3-6 of the code of West Virginia, 1931, as amended; to amend and reenact §33-8-1, §33-8-2, §33-8-3, §33-8-4, §33-8-5, §33-8-6, §33-8-7, §33-8-8, §33-8-9, §33-8-10, §33-8-11, §33-8-12, §33-8-13, §33-8-14, §33-8-15, §33-8-16, §33-8-17, §33-8-18, §33-8-19, §33-8-20, §33-8-21, §33-8-22, §33-8-23, §33-8-24 and §33-8-25 of said code; to amend said code by adding thereto seven new sections, designated §33-8-26, §33-8-27, §33-8-28, §33-8-29, §33-8-30, §33-8-31 and §33-8-32; to amend and reenact §33-9-3 of said code; to amend and reenact §33-22-11 of said code; to amend and reenact §33-23-31 of said code; to amend and reenact §33-24-10 of said code; to amend and reenact §33-25A-4 of said code; to amend and reenact §33-25D-5 of said code; and to amend and reenact §33-27-2a of said code, all relating to investments and investment practices of insurance companies; and correcting references to amended sections of article eight, chapter thirty-three of said code"; which was referred to the Committee on Banking and Insurance 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. 229 - "A Bill to amend and reenact sections 1, 2 and 3, chapter 232, acts of the Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia route 2 and interstate 68 authority to include Cabell, Mason and Jackson counties; and increasing the number of members"; which was referred to the Committee on Roads and Transportation then Government Organization.

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

Com. Sub. for S. B. 260 - "A Bill to amend and reenact §5-22A-4 of the code of West Virginia, 1931, as amended, relating to allowing members of the design-build board to be reimbursed travel and other necessary expenses actually incurred while engaged in attending board meetings"; which was referred to the Committee on Government Organization 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. 285 - "A Bill to amend and reenact §31A-1-2 of the code of West Virginia, 1931, as amended; to amend and reenact §31A-2-5; and to amend and reenact §31A-4-1 and §31A-4-5 of said code, all relating to the ability of a state-chartered bank to organize as a limited liability company"; which was referred to the Committee on Banking and Insurance then the Judiciary.

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

Com. Sub. for S. B. 327 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, 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 administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing the department of administration to promulgate a legislative rule relating to parking; authorizing the consolidated public retirement board to promulgate a legislative rule relating to general provisions; authorizing the consolidated public retirement board to promulgate a legislative rule relating to benefit determination and appeal; authorizing the consolidated public retirement board to promulgate a legislative rule relating to the teachers defined benefit plan; authorizing the consolidated public retirement board to promulgate a legislative rule relating to the West Virginia state police disability determination and appeal process; authorizing the board of risk and insurance management to promulgate a legislative rule relating to the public entities insurance program; and authorizing the board of risk and insurance management to promulgate a legislative rule relating to the terms and conditions pertaining to members of self-insurance pools who wish to participate in state insurance programs"; which was referred to the Committee on the Judiciary.

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

S. B. 415 - "A Bill to amend and reenact §5A-3-45 of the code of West Virginia, 1931, as amended, relating to the disposition of state surplus property; allowing cannibalization of commodities under some circumstances; and allowing the disposing of commodities as waste under some circumstances"; which was referred to the Committee on Government Organization then Finance.

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

Com. Sub. for S. B. 431 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-47-1, §33-47-2, §33-47-3, §33-47-4, §33-47-5, §33- 47-6, §33-47-7, §33-47-8, §33-47-9, §33-47-10, §33-47-11, §33-47-12, §33-47-13, §33-47-14, §33- 47-15 and §33-47-16, all relating to the establishment and operation of an interstate compact for the review and approval of certain lines of insurance products; setting forth the purposes for establishing the compact; protecting the interests of consumers and promoting uniform standards for insurance products; setting forth definitions; establishing the interstate insurance product regulation commission which has the power to develop uniform standards for product lines, to receive and approve those product filings and to be an instrumentality of the compacting states; setting forth the powers of the interstate insurance product regulation commission to promulgate rules, establish reasonable uniform standards for product filings, review products filed with the commission, review advertisement relating to long-term care insurance, exercise its rule-making authority, bring legal actions, issue subpoenas, undertake activities relating to the administration of the commission and appoint committees; setting forth provisions relating to organization of the commission; memberships and voting rights of states and participation in the governance of the commission; creation and content of bylaws of the commission; setting forth provisions relating to meetings and acts of the commission; establishing rule-making authority of the commission; exempting rules promulgated by the commission from the provisions of chapter twenty-nine-a of this code; allowing states to opt out of rules promulgated by the commission; setting forth provisions relating to the maintenance and disclosure of commission records; commission's power to monitor states' compliance with the compact, but preserving to states the ability to regulate the market conduct of insurers; setting forth provisions relating to resolution of disputes between compacting states and noncompacting states; setting forth requirements for filing products with the commission; setting forth appeal rights of insurers following disapproval of filings; setting forth provisions relating to the mechanism for funding the operations of the commission, including the collection of filing fees; setting forth the circumstances under which the compact will become effective and requiring twenty- six states or states representing forty percent of premium volume for the effected insurance lines to adopt the compact before the commission may adopt uniform standards and approve filings; setting forth the procedures for states to withdraw from the compact and circumstances under which a state will be determined to be in default of the compact; provisions relating to severability; and provisions relating to the binding effect of the compact"; which was referred to the Committee on Banking and Insurance then the Judiciary.

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

Com. Sub. for S. B. 460 - "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 nineteen 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, §30-13A-36 and §34-13-37, 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"; which was referred to the Committee on Government Organization then the Judiciary.

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

S. B. 480 - "A Bill to amend and reenact §29-19-6 of the code of West Virginia, 1931, as amended, relating to exempting nonprofit licensed nursing homes from registration under the solicitation of charitable funds act"; which was referred to the Committee on the Judiciary.

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

S. B. 512 - "A Bill to amend and reenact §18B-17-6 of the code of West Virginia, 1931, as amended, relating to authorizing rules; higher education policy commission; higher education adult part-time student grant program HEAPS; and purchasing efficiencies"; which was referred to the Committee on Education then the Judiciary.

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

Com. Sub. for S. B. 516 - "A Bill to establish the West Virginia eastern panhandle highway authority to include representatives from Berkeley, Jefferson and Morgan counties; appointment of officers; and powers of authority"; which was referred to the Committee on Government Organization then Finance.

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

Com. Sub. for S. B. 556 - "A Bill to amend and reenact §46A-6C-2 of the code of West Virginia, 1931, as amended, relating to credit services organizations; and exempting retailers of automobiles and trucks from the definition of credit services organizations"; which was referred to the Committee on the Judiciary.

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

S. B. 558 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-20a, relating to making the misuse of a power of attorney or other fiduciary relationship the crime of embezzlement"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 566 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-30, relating to establishing the 'Unborn Victims of Violence Act'; recognizing a fetus as a person for purposes of being a separate victim of certain crimes of violence against the person; specifying penalties; providing definitions and exceptions; and certain convictions not barred."

At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 566) was taken up for immediate consideration, read a first time, ordered to second reading and then referred to the Committee on the Judiciary.

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

Com. Sub. for S. B. 596 - "A Bill to amend and reenact §29-12-5 of the code of West Virginia, 1931, as amended, relating to the powers and duties of the board of directors of the state board of risk and insurance management with respect to the purchase of or contracting for insurance on state properties, activities and responsibilities; clarifying the power of the board to reasonably limit the amount, kind and types of insurance and the conditions, limitations and exclusions of such insurance covering state property, activities and responsibilities; and giving the board of risk and insurance management general powers to determine under what conditions an offer of property or liability insurance coverage should be made to a political subdivision, charitable or public service organization or an emergency medical services agency"; which was referred to the Committee on the Judiciary.

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

S. B. 605 - "A Bill to amend and reenact §49-5D-5 of the code of West Virginia, 1931, as amended; and to amend and reenact §49-6A-2 of said code, all relating to child fatality review teams; requiring that every all-terrain vehicle-related death of a child be reviewed by the child fatality review team under the office of the chief medical examiner; and requiring that every substantial injury to or death of a child caused by or involving the operation of an all-terrain vehicle be reported to the state department of health and human resources"; which was referred to the Committee on Health and Human Resources then the Judiciary.

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

S. B. 638 - "A Bill to amend and reenact §17A-3-14 of the code of West Virginia, 1931, as amended, relating to authorizing a special license plate commemorating the centennial anniversary of the creation of Davis and Elkins college; and authorizing a special license plate recognizing and honoring breast cancer survivors"; which was referred to the Committee on Roads and Transportation then Finance.

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

S. B. 649 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25-5, §22-25-6, §22-25-7, §22-25-8, §22-25-9, §22-25-10, §22-25-11, §22-25-12 and §22-25-13, all relating to establishing a program to encourage voluntary reclamation of lands adversely affected by mining or oil and gas extraction by limiting the liability which could arise as a result of the voluntary reclamation of abandoned lands or reduction and abatement of water pollution; stating legislative purpose and intent; setting forth legislative findings; providing definitions for applicable terms; defining eligibility for the protections and immunities of the proposed legislation; setting forth specific exemptions from liability for landowners; setting forth specific exemptions from liability for persons who provide equipment at no cost or at cost for a reclamation project; and providing exceptions to coverage under the proposed legislation"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 663 - "A Bill to amend and reenact §16-5C-15 of the code of West Virginia, 1931, as amended; to amend and reenact §16-5D-15 of said code; to amend said code by adding thereto a new section, designated §16-5E-7; and to amend and reenact §16-5N-15 of said code, all relating to protection of the elderly generally; prohibiting certain long-term care and assisted living facilities from soliciting or coercing residents into giving them money or other assets; and establishing penalties"; which was referred to the Committee on the Judiciary.

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 694 - "A Bill to amend and reenact §5-22-1 of the code of West Virginia, 1931, as amended, relating to establishing the West Virginia fairness in competitive bidding act; requiring that competitive bids for government construction projects be awarded to the lowest qualified responsible bidder; providing clarification of the term "lowest qualified responsible bidder"; establishing procedures and requirements to be followed in awarding contracts for government construction projects; and providing criminal penalties for violation of the procedures and requirements to be followed in awarding government construction projects"; which was referred to the Committee on Finance.

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

Com. Sub. for S. B. 696 - "A Bill to amend and reenact §3-1A-6 of the code of West Virginia, 1931, as amended; and to amend and reenact §3-3-8 of said code, all relating to election law generally; requiring rulemaking in certain circumstances; providing that counties using voting machines may count absentee ballots at the courthouse on election day; and prohibiting disclosure or posting of results prior to closing of the polls"; which was referred to the Committee on the Judiciary.

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

S. B. 713 - "A Bill expiring funds to the unappropriated balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand five, in the amount of two million five hundred thousand dollars from the board of risk and insurance management - premium tax savings fund, fund 2367, fiscal year 2005, organization 0218"; which was referred to the Committee on Finance.

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

S. B. 714 - "A Bill expiring funds to the unappropriated balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand five, in the amount of five hundred thousand dollars from the insurance commissioner - insurance commission fund, fund 7152, fiscal year 2005, organization 0704"; which was referred to the Committee on Finance.

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

S. B. 715 - "A Bill expiring funds to the unappropriated balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand five, in the amount of one million two hundred fifty thousand dollars from the public service commission, fund 8623, fiscal year 2005, organization 0926"; which was referred to the Committee on Finance.

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

S. B. 716 - "A Bill to amend and reenact §47-18-19 of the code of West Virginia, 1931, as amended, relating to the antitrust enforcement fund; and raising the applicable amount of funds reappropriated from three hundred thousand dollars to four hundred thousand dollars"; which was referred to the Committee on Finance.

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

S. B. 717 - "A Bill to amend and reenact §4-10-4, §4-10-4a, §4-10-5, §4-10-5a and §4-10-5b of the code of West Virginia, 1931, as amended, all relating to the West Virginia sunset law; terminating agencies following full performance evaluations; terminating agencies previously subject to full performance evaluations following compliance monitoring and further inquiry updates; terminating agencies following preliminary performance reviews; terminating agencies previously subject to preliminary performance reviews following compliance monitoring and further inquiry updates; and terminating boards created to regulate professions and occupations"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 719 - "A Bill to amend and reenact §11-27-11 of the code of West Virginia, 1931, as amended, relating to increasing the health care provider tax imposed on gross receipts of providers of nursing facility services"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of

S. B. 720 - "A Bill to amend and reenact §13-2C-21 of the code of West Virginia, 1931, as amended, relating generally to the allocation and carry forward of unused state private activity bond volume cap"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 722 - "A Bill to repeal §29-5A-11 of the code of West Virginia, 1931, as amended, relating to prohibiting giving away, selling or offering for sale intoxicating liquor in any building, or part thereof, in which boxing or sparring exhibitions are being conducted"; which was referred to the Committee on the Judiciary.

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

S. C. R. 34 - "Designating Cass Scenic Railroad State Park's Shay No. 5 steam locomotive as the official state steam locomotive of West Virginia and 2005 as the 'Year of the Shay No. 5'."

Whereas, The Shay No. 5 steam locomotive is the oldest operating steam locomotive in West Virginia; and

Whereas, The Shay No. 5 steam locomotive was originally built in November, 1905, for the Greenbrier and Elk River Railroad by the Lima Locomotive Works of Lima, Ohio; and

Whereas, The Shay No. 5 steam locomotive has served the town of Cass since it was brought into service nearly 100 years ago; and

Whereas, The Shay No. 5 steam locomotive has been owned by the West Virginia Spruce Lumber Company, a subsidiary of the West Virginia Pulp & Paper Company, and the Mower Lumber Company; and

Whereas, Just as the steam locomotive revolutionized timbering operations in the Allegheny forests in the last century by replacing work animals and flood-borne logging operations, it was replaced by newer and more efficient technologies; and

Whereas, On any morning as the sun breaks through the fog in the rugged mountains of Pocahontas County, visitors to Cass are swept back in time when they hear the sounds, whistles and gears of this majestic steam locomotive as the crew prepares the old Shay No. 5 for another journey; and

Whereas, The Shay No. 5 steam locomotive is an important historical artifact and a wonderfully preserved example of the technology of the early twentieth century; and

Whereas, Designating the Shay No. 5 steam locomotive as the official steam locomotive of West Virginia is a tribute to the history of timbering in this state and the expertise and dedication of the people who built, operated, maintained and preserved the Shay No. 5 steam locomotive for our generation; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby designates Cass Scenic Railroad State Park's Shay No. 5 steam locomotive as the official state steam locomotive of West Virginia and 2005 as the "Year of the Shay No. 5".

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

S. C. R. 58 - "Requesting the State Building Commission officially rename that certain state office building, located at 107-109 Adams Street in the City of Fairmont, Marion County, and known as the West Virginia State Office Complex, the 'Manchin Office Complex' in honor of the late John Manchin, Sr., and the late A. James Manchin."

Whereas, John Manchin, Sr., and A. James Manchin, the sons of the late Joseph Manchin, Sr., and Kathleen Roscoe Manchin, were born in Marion County on July 24, 1922, and April 7, 1927, respectively; and

Whereas, Joseph Manchin, Sr., having immigrated to the United States from his native Italy, instilled in his sons a work ethic and a true understanding of, and commitment to, service to God, family, this state and country; and

Whereas, John Manchin, Sr., and A. James Manchin, true to their upbringing and their Italian heritage, were dedicated to God, family, this state and country as both brothers served in the armed forces of the United States during uncertain times; and

Whereas, John Manchin, Sr., a local businessman and entrepreneur, served on the Marion County Building Commission for several years. Under his dedicated leadership, the dream of establishing the first state office complex in the corporate limits of the City of Fairmont became a reality when the former Hartley's Department Store building was rededicated for use as office space for both government and private entities; and

Whereas, A. James Manchin, whose career as a public servant spanned more than 50 years, served the citizens of the City of Fairmont, Marion County and this state with distinction and honor in numerous capacities, including as a member of the House of Delegates, Secretary of State and Treasurer; and

Whereas, John Manchin, Sr., departed this life on December 24, 2002; and

Whereas, A. James Manchin departed this life November 3, 2003; and

Whereas, The lives of John Manchin, Sr., and A. James Manchin are outstanding examples of selfless service and sacrifice to God, family, this state and country and it is right and just to perpetuate and honor their memories by renaming the West Virginia State Office Complex in the City of Fairmont the "Manchin Office Complex"; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the State Building Commission officially rename that certain state office building, located at 107-109 Adams Street in the City of Fairmont, Marion County, and known as the West Virginia State Office Complex, the "Manchin Office Complex" in honor of the late John Manchin, Sr., and the late A. James Manchin; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the State Building Commission, the County Commission of Marion County, the Mayor and City Council of the City of Fairmont and the families of the late John Manchin, Sr., and the late A. James Manchin.


Special Calendar

Third Reading


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; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.

H. B. 4514, Mandatory treatment program for repeat or serious DUI offenders; on third reading, coming up in regular order, with the restricted right to amend, was, on motion of Delegate Staton, laid over one day.


Second Reading

H. B. 4744, Relating to higher education fees and academic programs, accreditation of institutions of higher education and standards for achieving university status ; on second reading, coming up in regular order, was read a second time, advanced to third reading with amendments pending and the rule was suspended to permit the offering and consideration of amendments on that reading.
H. B. 4003, Adjusting the age for members of the West Virginia state police retirement system; on second reading, coming up in regular order, was read a second time and advanced to third reading with amendments pending.
Com. Sub. for H. B. 2706, Relating to compensation paid to members of the education and state employees grievance board; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
H. B. 2912, Providing that certain education personnel who are former state employees may exercise the option to transfer from the public employees retirement system to the state teachers retirement system; on second reading, coming up in regular order, was read a second time, advanced to third reading with amendments pending and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 2950, Modernizing captive insurance law to remain competitive with states which presently contract such business; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.

Com. Sub. for H. B. 4047, Creating a high growth business investment tax credit to encourage investment by state citizens and businesses in certain companies started by fellow West Virginians; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 4077, Eliminating the set-off against unemployment compensation benefits for persons receiving social security benefits; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4123, Authorizing the supreme court of appeals to create a panel of senior magistrate court clerks; on second reading, coming up in regular order, was read a second time, advanced to third reading with amendments pending, and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 4205, Authorizing the Department of Health and Human Resources to promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4284, Extending the eligibility to receive the five hundred dollar early retirement bonus for specific education personnel; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 4299, Modifying the West Virginia contractor licensing act and updating certain terms; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 4323, Adding a new administrative assistant classification to school service personnel and setting the pay grade for the position; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 4377, Assessing a penalty on those physicians who fail to pay the special assessment; on second reading, coming up in regular order, was read a second time, advanced to third reading with amendments pending and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 4390, Making tongue splitting a crime unless performed by a licensed physician; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
H. B. 4415, Giving the state auditor flexibility in determining when to conduct audits on local government offices; on second reading, coming up in regular order, was read a second time and ordered to third reading.
H. B. 4420, Requiring health insurance plans to cover the cost of contraceptives for their participating members; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 4452, Relating to the West Virginia state police retirement system; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 4474, Making it a felony offense for stealing lottery tickets; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 4516, Relating to the state conservation committee and conservation districts ; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
H. B. 4563, Relating to the public employees retirement system; on second reading, coming up in regular order, was read a second time, advanced to third reading with amendments pending and the rule was suspended to permit the offering and consideration of amendments on that reading.
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; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 4607, Conferring the duties of the industrial revenue bond allocation review committee to the board of the West Virginia economic development authority; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 4649, Providing for greater efforts for instate placement of children in the custody of the Department of Health and Human Services; on second reading, coming up in regular order, was read a second time and advanced to third reading with amendments pending.
H. B. 4670, Relating generally to corporation net income tax ; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
H. B. 4672, Relating to calculation of workers' compensation premiums for members of limited liability companies; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
H. B. 4739, Relating to legislative appropriation of tobacco settlement funds and strategic contribution funds; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
H. B. 4740, Relating to the establishment, initial funding and operation of a patient injury compensation fund; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.

H. B. 4741, Limiting number of video lottery terminals that certain fraternal societies and veterans' organizations may be authorized to have on the premises; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
H. B. 4746, Relating generally to the state treasurer's office; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.

Com. Sub. for H. B. 4382, Authorizing the governor to appoint an additional member to the surface mining board that represents the interests of labor; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that 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:
Com. Sub. for H. B. 4006, Increasing the vendor registration fee per fiscal year with a limited waiver provided,

And,
H. B. 4714, Clarifying that certain community education programs support public education.


Leaves of Absence

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

At 6:39 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00 a.m., Wednesday, March 3, 2004.