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Wednesday, February 9, 2005


Pursuant to the adjournment taken on January 12, 2005, in accordance with Section 18, Article VI of the Constitution of the State, the House of Delegates assembled in its Chamber in the Capitol Building at 12:00 o'clock meridian this day, with a quorum present, 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 January 12, 2005, being the first order of business, when, at the request of Delegate Evans, and by unanimous consent, the further reading thereof was dispensed with and the same approved.
Resolutions Introduced

Mr. Speaker, Mr. Kiss, offered the following resolution, which was read by its title as follows:
H. C. R. 4 -- "Raising a Joint Assembly to hear an address by His Excellency, the Governor."
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o'clock postmeridian this day, and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 4) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Whereupon,
In accordance with the provisions of the resolution, the Speaker appointed as members of the committee to wait upon His Excellency, the Governor, the following:
Delegates Caputo, Hatfield and G. White.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Caputo offered the following resolution which was read by its title and referred to the Committee on Constitutional Revision then the Judiciary:
H. J. R. 1 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 1b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment."
Delegate Ennis offered the following resolution which was read by its title and referred to the Committee on Constitutional Revision then the Judiciary:
H. J. R. 2 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof, relating to increasing the terms of members of the House of Delegates from two to four years; and increasing the terms of members of the State Senate from four to six years; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment".
Mr. Speaker, Mr. Kiss, and Delegates Staton and Trump, offered the following resolution which was read by its title as follows:
H. R. 9
- "Authorizing the appointment of employees for this, the First Regular Session of the Seventy-Seventh Legislature, two thousand five".
Resolved by the House of Delegates:
That the Speaker of the House of Delegates be, and he is hereby, authorized to appoint employees to perform technical, clerical, stenographic, custodial and other services for this session of the Legislature to receive the per diems and salaries as herein provided, as follows:
(1) For per diem employees, the following rates:
One Receptionist to the Speaker and Stenographer to the Speaker Pro Tempore at one hundred twenty dollars per diem;
One Attorney to the Minority Leader at two hundred forty-seven dollars per diem;
One Attorney to the Minority Leader at one hundred ninety dollars per diem;
One Legislative Analyst to the Minority Leader at ninety dollars per diem;
Three Stenographers to the Minority Leader at fifty dollars each per diem;
One Stenographer to the Minority Leader at fifty-seven dollars per diem;
One Executive Assistant to the Committee on the Judiciary at one hundred fifty-eight dollars per diem;
One Stenographer and Receptionist to the Committee on the Judiciary at eighty-five dollars per diem;
Three Proofreader/Messengers to the Committee on the Judiciary at fifty-one dollars each per diem;
One Attorney to the Committee on the Judiciary at one hundred eighty dollars per diem;
One Attorney to the Committee on the Judiciary at one hundred seventy-six dollars per diem;
One Attorney to the Committee on the Judiciary at three hundred dollars per diem;
One Committee Assistant to the Committee on Finance at sixty-seven dollars per diem;
One Paralegal/Committee Clerk to the Committee on Finance at seventy-seven dollars per diem;
One Analyst/Assistant Committee Clerk to the Committee on Finance at sixty dollars per diem;
One Paralegal to the Committee on Finance at sixty dollars per diem;
One Attorney to Finance at two hundred forty-three dollars per diem;
One Administrative Assistant to the Committee on Education at eighty dollars per diem;
One Committee Clerk to the Committee on Education at one hundred five dollars per diem;
One Messenger to the Committee on Education at forty-nine per diem;
One Attorney to Minor Committees at two hundred fifty-four dollars per diem;
One Committee Clerk to the Committee on Government Organization at fifty dollars per diem;
One Committee Clerk to the Committee on Agriculture and Natural Resources at fifty dollars per diem;
One Attorney to the Committee on Government Organization at one hundred seventy dollars per diem;
One Committee Clerk to the Committee on Banking and Insurance at fifty dollars per diem;
One Stenographer to the Stenographer's Pool at eighty-three dollars per diem;
One Stenographer to the Stenographer's Pool at sixty-five dollars per diem;
Two Stenographers to the Stenographer's Pool at fifty-two dollars each per diem;
Two Stenographers to the Stenographer's Pool at fifty-one dollars each per diem;
Seven Stenographers to the Stenographer's Pool at fifty dollars each per diem;
One Supervisor to the Journal Room at ninety-four dollars per diem;
Five Clerks to the Journal Room at fifty-two dollars each per diem;
One Clerk to the Journal Room at fifty dollars per diem;
One Clerk to the Journal Room at forty-nine dollars per diem;
One Doorkeeper at one hundred fifty dollars per diem;
Two Assistant Doorkeepers at fifty-seven dollars each per diem;
Two Assistant Doorkeepers at fifty-two dollars each per diem;
Two Assistant Doorkeepers at fifty dollars per diem;
One Sergeant-At-Arms at one hundred fifty-five dollars per diem;
One Assistant Sergeant-At-Arms at sixty-four dollars per diem;
One Assistant Sergeant-At-Arms at fifty-six dollars per diem;
One Assistant Sergeant-At-Arms at fifty-five dollars per diem;
One Stenographer to the Doorkeeper and Sergeant-At-Arms at fifty-five dollars per diem;
One Head Page at sixty dollars per diem;
One East Wing Supervisor at eighty-eight dollars per diem;
One East Wing Messenger at fifty-two dollars per diem;
Two East Wing Messengers at fifty dollars per diem;
One Administrative Assistant to the Clerk at one hundred twenty dollars per diem;
One Journal Clerk to the Clerk at eighty-five dollars per diem;
One Bill Status Clerk to the Clerk at one hundred twenty-five dollars per diem;
One Receptionist to the Clerk at seventy-five dollars per diem;
Two Maintenance Staff at fifty-one dollars each per diem;
One Maintenance Staff at forty-nine dollars per diem;
(2) For salaried full-time employees, the following employees at the following rates, in addition to and exclusive of any experience increment or pay in lieu of an experience increment as may be payable under Section 2, Article 5, chapter 5 of the Code of West Virginia of 1931, as amended:
One Chief Clerk/Parliamentarian at six thousand nine hundred fifty dollars and thirty-six cents per month;
One Assistant Clerk at Four thousand and twenty-six dollars and fifty-two cents per month;
One Assistant Clerk at three thousand six hundred and two dollars and thirty-two cents per month;
One Document Clerk at two thousand and twenty dollars per month;
One Document Clerk at two thousand dollars per month;
One Technical Assistant at three thousand three hundred twenty-six dollars and twenty-eight cents per month;
One Technical Assistant at four thousand one hundred forty-nine dollars and eight cents per month;
One Fiscal Officer at four thousand four hundred twenty dollars and forty-two cents per month;
One Assistant Fiscal Officer at two thousand eight hundred and one dollars and twenty-two cents per month;
One Purchasing Agent at two thousand eight hundred eighty-four dollars and twenty-two cents per month;
One Office Assistant/Mail Clerk at two thousand eight hundred sixty-nine dollars and thirty- two cents per month;
One Office Assistant at two thousand four hundred fifteen dollars and ninety-two cents per month;
One Messenger at one thousand three hundred forty-eight dollars and ten cents per month;
Two Maintenance Staff at two thousand four hundred fifty dollars and ninety-two cents each per month;
Two Maintenance Staff at two thousand thirteen dollars and twenty-eight cents each per month;
One Maintenance Staff at one thousand five hundred ninety-seven dollars and forty-eight cents per month;
One Chief Counsel to the minor committees and Supervisor of per diem attorneys at five thousand three hundred forty-seven dollars and fifty cents per month;
One Administrative Assistant to the Speaker at four thousand two hundred ninety-two dollars and fourteen cents per month;
One Executive Assistant to the Speaker at two thousand nine hundred sixteen dollars and sixty-six cents per month;
One Communications Director to the House at five thousand two hundred eighty-five dollars and eighty cents per month;
One Assistant to the Majority Leader at two thousand eight hundred sixty-two dollars and eight-sic cents per month;
One Executive Assistant to the Minority Leader at four thousand seven hundred ninety-four dollars and thirty cents per month;
One Chief Counsel to the Committee on Education at six thousand two hundred forty-one dollars and sixty-eight cents per month;
One Legislative Assistant to the Committee on Education at two thousand seven hundred forty-five dollars and fifty-two cents per month;
One Policy Analyst to the Committee on Education at five thousand six hundred seventy-two dollars and eighty-two cents cents per month;
One Policy Analyst to the Committee on Finance at four thousand three hundred thirty-two dollars and ninety cents per month;
One Budget Analyst to the Committee on Finance at three thousand one hundred sixty-six dollars and sixty-six cents per month;
One Budget Analyst to the Committee on Finance at two thousand five hundred eighty-three hundred dollars and thirty-three cents per month;
One Administrative Assistant to the Committee on Finance at two thousand two hundred and fifty dollars per month;
One Administrative Assistant to the Majority Whip Office at two thousand two hundred and fifty dollars per month;
One Legislative Assistant to the Committee on Finance at three thousand two hundred sixteen dollars and eight-six cents per month;
One Chief Counsel to the Committee on Finance at seven thousand ninety-four dollars and ten cents month;
One Staff Counsel to the Committee on Finance at six thousand five hundred fifty-six dollars and twenty cents per month;
One Chief Counsel to the Committee on the Judiciary at six thousand seven hundred seventy- six dollars and sixty-eight cents per month;
One Staff Council to the Committee on the Judiciary at four thousand per month;
One Administrative Assistant to Judiciary at two thousand two hundred and sixty-six dollars and sixty-six cents per month;
One Research Analyst to the Committee on the Judiciary at three thousand two hundred and eight dollars and thirty-four cents per month;
One Research Analyst to the Committee on Government Organization at one thousand four hundred seventy-nine dollars and seventeen cents per month;
One Administrative Assistant to the Committee on Government Organization at two thousand two hundred fifty dollars per month;
One Legislative Analyst to the Committee on Government Organization at two thousand four hundred seventy-four dollars and fifty cents per month;
One Chief Counsel to the Committee on Government Organization at six thousand one hundred fifty-eight dollars and twenty-six cents per month;
One Research Analyst to the minor committees at two thousand nine hundred two dollars and seventy-four cents per month;
One Research Analyst to the minor committees at three thousand one hundred ninety-three dollars and sixty-two cents per month;
One Office Assistant to the minor committees at two thousand four hundred forty-six dollars and seventy-two cents per month;
One Office Assistant to the minor committees at two thousand three hundred eighty-two dollars and eight cents per month;
One Legislative Assistant at two thousand four hundred fifty dollars and ninety-two cents per month;
The Speaker is authorized to appoint or assign additional or present employees and to determine the rate of compensation therefor as he may deem necessary to expedite the work of the House of Delegates; and, be it
Further Resolved, That, in accordance with Chapter 4, Article 2A of the code, the Clerk of the House is hereby authorized to draw his requisitions upon the Auditor for travel expenses and compensation of members of the House of Delegates; and, be it
Further Resolved, That all appointments made under authority of the foregoing provisions of this resolution shall be certified to the Auditor and Treasurer by the Clerk of the House, and the Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor in favor of the persons so appointed and the Auditor shall honor and pay such requisitions when presented and charge same to the 'per diem of officers and employees' fund or 'contingent' fund of the House of Delegates. The Clerk shall draw his requisitions in favor of employees for consecutive days or months from the date of their employment at the per diem or salary herein set out until such time as their services shall cease. The Speaker may remove any employee and appoint another in his or her place, and he shall require each of said employees to perform such duties as shall be assigned him or her, and he is hereby given authority to dispense with the services of any employee or employees for any such time or number of days as their services shall not be needed during the session, and they shall not be paid for such time, nor shall other persons be appointed into their places for any such time as they may be suspended when not needed; and, be it
Further Resolved, That the speaker is hereby authorized to assign employees to such positions and duties as he may deem proper to secure the most efficient and expeditious work during the Session of the Legislature; and be it
Further Resolved, That no person appointed under authority of this resolution and receiving pay hereunder shall concurrently receive compensation from any other department or agency of state government and no person who availed himself or herself of early retirement under the provisions of Senate Bill 10, First Extraordinary Session, 1988, may be appointed under the provisions of this resolution. Notwithstanding designation of positions or duties herein prescribed, any employee may be assigned additional duties by the person by whom appointed, and may be assigned to such positions and duties, as may be deemed proper to serve the most efficient and expeditious work; and, be it
Further Resolved, That any and all provisions of House Rule 9 in conflict with this resolution are hereby suspended for this session of the Legislature.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 9) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Petitions

Delegates Staton and Browning presented a petition by firearm season advocates requesting the authorization of opening firearm season for deer within the counties of Mingo, Logan, Wyoming and McDowell; which was referred to the Committee on the Agriculture and Natural Resources.
Delegates Perry, Pino and Louisos presented a petition signed by one hundred sixty-eight residents of Fayette County, in opposition of raising the premiums for PEIA employees and retirees; which was referred to the Committee on Banking and Insurance.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day in order to extend the privileges of the floor to invited guests for this evening's proceedings.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Amores:
H. B. 2001 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-49-1, §33-49-2, §33-49-3, §33-49-4, §33-49-5, §33-49-6, §33-49-7, §33-49-8, §33-49-9, §33-49-10, §33-49-11, §33-49-12, §33-49-13, §33-49-14, §33-49-15, §33-49-16, §33-49-17, §33-49-18, §33-49-19 and §33-49-20, all relating to establishing a use and file rate regulatory system for personal lines of insurance; establishing a no-file system for commercial lines of insurance; setting forth a short title; declaring legislative intent; providing definitions of certain terms; allowing policies sold to large, sophisticated commercial insurance providers to be exempt from rate and regulatory requirements; providing for civil penalties for violators; and, providing a hearing process for those cited with violations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Beane:
H. B. 2002 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-11-1, relating to a bail bond forfeiture code, generally; issuing an arrest warrant for nonappearing defendant; time period allowed surety to produce the defendant; additional period for cause; when bail bond exonerated; penalties to fleeing defendant; and refunds following forfeiture"; to the Committee on the Judiciary.
By Delegate Blair:
H. B. 2003 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-18a; and to amend and reenact §4-2A-2, §4-2A-4, §4-2A-5, §4-2A-7 and §4-2A-8 of said code, all relating to requiring the Legislature to prepare a digest of the budget bill and distribute it; reducing interim compensation for legislative members; providing that reimbursement for expenses incurred by legislative members may only be paid for reasonable and necessary expenses; requiring members submit receipts for expenses claimed for legislative service; providing, with certain exceptions, that legislative members may not receive a per diem allowance for more than three days while engaged in the performance of duties during an extension of a regular session which is extended solely to consider the budget"; to the Committee on Finance.
By Delegate Caputo:
H. B. 2004 - "A Bill to amend and reenact §22A-2-40 of the code of West Virginia, 1931, as amended, relating to requiring that permanent and temporary battery charging stations in mines be ventilated directly to the return on a separate split of air"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Caputo:
H. B. 2006 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22h; and to amend said code by adding thereto a new section, designated §18-7A-26t, all relating to increasing benefits of retired state personnel and retired teachers by five percent a year for three years"; to the Committee on Pensions and Retirement then Finance.
By Delegate Caputo:
H. B. 2007 - "A Bill to amend and reenact §22-3-15 of the code of West Virginia, 1931, as amended, relating to inspections of surface-mining operations by the director or the division of environmental protection or his or her designee and requiring that an authorized representative of the miners at the mine be allowed to accompany the person performing the inspection"; to the Committee on the Judiciary.
By Delegate Carmichael:
H. B. 2008 - "A Bill to amend and reenact §11-15-3 of the code of West Virginia, 1931, as amended; and to amend and reenact §11-17-3 of said code, all relating to taxation; increasing the rate of tax on cigarettes from fifty-five cents to one dollar and fifty-five cents; providing for the dedication of five million dollars of the revenue for the first year to the Department of Agriculture; and reducing the rate of tax on food for home consumption from six percent to three percent"; to the Committee on Health and Human Resources then Finance.
By Delegate Carmichael:
H. B. 2009 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-15C-1, §11-15C-2, §11-15C-3 and §11-15C-4, all relating to a tax exemption on certain sales of clothing"; to the Committee on Finance.
By Delegate Kominar:
H. B. 2010 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-20, relating to providing for a pilot project intended to divert low-income residents from early institutionalization in nursing homes by providing personal home care in their communities"; to the Committee on Health and Human Resources then Finance.
By Delegate Long:
H. B. 2011 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7B-12, relating to abridging health care providers' exposure to liability where, in certain cases involving prescription drugs and medical devices, a person has been injured"; to the Committee on the Judiciary.
By Delegate Williams:
H. B. 2012 - "A Bill to amend and reenact §18-2-5b of the code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-4 of said code, all relating to providing a salary supplement for providers of medicaid eligible services in the public schools and the financing thereof"; to the Committee on Education then Finance.
By Delegate Pino (By Request):
H. B. 2013 - "A Bill to amend and reenact §52-1-8 of the code of West Virginia, 1931, as amended, relating to raising the age at which a person may request to be excused from jury duty from sixty-five to seventy"; to the Committee on the Judiciary.
By Delegates Williams, Beach, DeLong, Perry, Martin and Cann:
H. B. 2014 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8e, relating to veteran's honors funeral assistant community service programs; making legislative findings and stating purpose; requiring certain information and assistance from state board; requiring county board policy and specifying minimum provisions; limiting county board responsibility; and encouraging county board collaboration with organizations to assist programs"; to the Committee on Veterans Affairs and Homeland Security.
By Delegate Amores, Michael, Craig, Morgan, Leach, Howard and Sobonya:
H. B. 2015 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto new section, designated §55-7-18a, relating to providing employer immunity for disclosure of information regarding former employees and providing that information provided is presumed to be in good faith"; to the Committee on the Judiciary.
By Delegate Stalnaker, Williams, Varner, Beane, Ennis, Campbell and Michael:
H. B. 2016 - "A Bill to amend and reenact §50-1-9a of the code of West Virginia, 1931, as amended, relating to increasing the maximum number of magistrate court deputy clerks that may be appointed from sixty-two to seventy-two"; to the Committee on the Judiciary then Finance.
By Delegates Pino and Ron Thompson:
H. B. 2017 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26t, relating to increasing supplemental benefits to certain teacher retirement annuitants"; to the Committee on Education then Finance.
By Delegate Caputo:
H. B. 2018 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-15b, relating to armed assault or conspiracy to commit armed assault upon school property, or against school personnel or students while on school property; definitions; penalties"; to the Committee on Education then the Judiciary.
By Delegate Ennis:
H. B. 2019 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-10e, relating to school personnel; and authorizing unlimited transfer of accumulated sick leave between certain spouses"; to the Committee on Education then Finance.
By Delegate Amores:
H. B. 2020 -
"A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §16-15-26 and §16-15-27, all relating to requiring cooperation among state agencies in verifying eligibility for public housing programs"; to the Committee on Government Organization.
By Delegate Paxton:
H. B. 2021 - "A Bill to amend and reenact §18A-4-8a of the code of West Virginia, 1931, as amended, relating to increasing school service personnel employees by one pay grade after ten years of employment; and providing that employees in the top pay grade will receive an increase of thirty dollars per month after ten years of employment"; to the Committee on Education then Finance.
By Delegate Caputo:
H. B. 2022 -
"A Bill to amend and reenact §11-21-12 of the code of West Virginia, 1931, as amended, relating to allowing a reduction in gross income for contributions to state, county or municipal parks"; to the Committee on Finance.
By Delegate Caputo:
H. B. 2023 - "A Bill to amend and reenact §18-2-25 of the code of West Virginia, 1931, as amended, relating to the West Virginia secondary school activities commission; and requiring rules to provide for use of neck braces by football players"; to the Committee on Education then Finance.
By Delegate Cann (By Request):
H. B. 2024
- "A Bill to amend and reenact §51-3-14 of the code of West Virginia, 1931, as amended, relating to expenses incurred in the cost of administering the court security fund; and deleting obsolete language"; to the Committee on the Judiciary.
By Delegate Ennis (By Request):
H. B. 2025 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7B-11b, relating to allowing members that participate in the teachers' defined contribution retirement system to borrow only against the total amount that the member has contributed into his or her retirement account"; to the Committee on Pensions and Retirement then Finance.
By Delegate Leggett:
H. B. 2026
- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-20-21, relating to reduction of premium charges for school bus operators and drivers' education instructors"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Frederick:
H. B. 2027 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-2D-1, §17-2D-2, §17-2D-3, §17-2D-4, §17-2D-5 and §17-2D- 6, all relating to creating the West Virginia transportation oversight committee; legislative findings; division of State into five transportation districts; selection of members from each district; compensation and expenses of members; funding for part-time support staff person; powers and duties of commission; meetings of the commission; annual report to Governor and Legislature"; to the Committee on Government Organization then Finance.
By Delegate Fragale:
H. B. 2028
- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-14, relating to requiring all schools to post and make available to the public the schedules of teachers and staff; and providing a penalty for not having the schedules available by the second week of the school year"; to the Committee on Education then Finance.
By Delegate Azinger:
H. B. 2029 - "A Bill to amend and reenact §33-13A-2 of the code of West Virginia, 1931, as amended, relating to variable premium adjustable life insurance policies with either fixed accounts or variable accounts; requiring issuance of annual statements including information related to the length of time a policy will remain in force, with or without the payment of premiums, under specific circumstances related to certain rates of return from any existing principal amount accumulated for investment purposes under the policy"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Butcher:
H. B. 2030 - "A Bill to amend and reenact §46A-6-107 of the

code of West Virginia, 1931, as amended, relating to the prohibition of disclaimers of certain warranties and remedies with respect to certain consumer transactions; and providing certain exceptions with respect to the sale of used motor vehicles by licensed used and new motor vehicle dealers"; to the Committee on the Judiciary.
By Delegate Caputo:
H. B. 2031 -
"A Bill to amend and reenact §18A-2-13 of the code of West Virginia, 1931, as amended, relating to mandating guidelines for full-day and half-day cooks at schools"; to the Committee on Education then Finance.
By Delegate Blair:
H. B. 2032
- "A Bill to amend and reenact §17C-3-7 of the code of West Virginia, 1931, as amended, relating to requiring the Division of Highways to implement a pilot project in Berkeley, Jefferson and Morgan counties involving the installation of flashing traffic signals between the hours of eleven o'clock p.m. and six o'clock a.m. at certain intersections in those counties; and, to maintain and report to the Legislature statistics on accidents occurring at those intersections"; to the Committee on Roads and Transportation then Finance.
By Delegate Schoen (By Request):
H. B. 2033
- "A Bill to amend and reenact §48-11-101 of the code of West Virginia, 1931, as amended, relating to support of children and providing that parents whose parental rights are terminated continue to be responsible for support until the child is adopted, reaches age of majority or is otherwise emancipated"; to the Committee on the Judiciary.
By Delegate Doyle:
H. B. 2034 -
"A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to limiting the purchase of handguns to one gun per month; exempting law enforcement, correctional facilities and private security companies from the limitation; providing criminal penalties; and exempting antique firearms from the limitation"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 2035 -
"A Bill to amend and reenact §46-4-108 of the code of West Virginia, 1931, as amended, relating to requiring banks to immediately post deposits"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Carmichael:
H. B. 2036 - "A Bill to amend and reenact §11-15-3 of the code of West Virginia, 1931, as amended, relating to elimination of the sales tax on food not consumed on the premises"; to the Committee on Finance.
By Delegate Paxton:
H. B. 2037 - "A Bill to amend and reenact §18A-4-7 of the code of West Virginia, 1931, as amended, relating to substitute teacher pay generally and providing for the full day rate if the teacher had ten instruction days in the same school year"; to the Committee on Education then Finance.
By Delegate Morgan:
H. B. 2038 -
"A Bill to amend and reenact §17C-15-44 of the code of West Virginia, 1931, as amended, relating to prohibiting children under the age of eight years old from being passengers on motorcycles, motor-driven cycles and mopeds"; to the Committee on the Judiciary.
By Delegate Talbott (By Request):
H. B. 2039 - "A Bill to amend and reenact §22-2-5 of the code of West Virginia, 1931, as amended, relating to unlawful hunting and fishing; and exempting retrieval of dog from offense of hunting on Sunday"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Talbott (By Request):
H. B. 2040 -
"A Bill to amend and reenact §19-20-12 of the code of West Virginia, 1931, as amended, relating to prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog without the permission of the owner"; to the Committee on the Judiciary.
By Delegates Overington, Blair, Roberts, Evans and Schadler:
H. B. 2041 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-11B-1, §21-11B-2, §21-11B-3, §21-11B-4, §21-11B-5, §21-11B-6, §21-11B-7 and §21-11B-8, all relating to the right to work and making it a criminal offense and actionable in court to impose an obligation on a person, as a condition of employment, to affiliate with a labor organization and pay dues and other fees; providing penalties; and providing for relief"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Schoen:

H. B. 2042 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-26, relating to allowing pharmacists and other individuals involved in dispensing medicines to refuse to fill prescriptions or dispense any substance that can be used as an abortifacient or that can be used as part of an abortion-related procedure; providing employee protection; and providing criminal penalty"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Hrutkay:
H. B. 2043 - "A Bill to amend and reenact §36-1-3 of the code of West Virginia, 1931, as amended, relating to real estate transactions generally and requiring a seller or a seller's agent at closing to disclose the names, addresses and telephone numbers of all utilities providing service to the real estate involved in a real estate sales transaction"; to the Committee on the Judiciary.
By Delegate Schadler:
H. B. 2044 -
"A Bill to amend and reenact §8-12-5 of the code of West Virginia, 1931, as amended; and to amend and reenact §60-7-12 of said code, all relating to allowing municipalities to regulate by ordinance the hours of sale and dispensing of nonintoxicating beer, wine and alcoholic liquors by holders of a license to operate a private club; and providing that these ordinances do not allow sales during periods of time prohibited by rules of the Alcohol Beverage Control Commissioner"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Stemple, Beach, Swartzmiller and Anderson:
H. B. 2045
- "A Bill to amend and reenact §19-2C-1, §19-2C-2, §19-2C-3, §19-2C-4, §19-2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-6c, §19-2C-7, §19-2C-8, §19-2C-8a and §19-2C-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §19-2C-5b, §19-2C-6d and §19-2C-9a, all relating to auctioneers; adding and amending definitions; clarifying application and renewal procedures; establishing and modifying fees; bonding requirements for apprentice license; licensing requirements; requiring photo identification for examination; requiring notice of change of address; limiting number of apprentices auctioneer may sponsor; clarifying licensing by reciprocity; requiring continuing education; modifying criminal and civil penalties; requiring escrow account; establishing settlement procedures; and making technical corrections"; to the Committee on Agriculture and Natural Resources then Government Organization.
By Delegate Staton:
H. B. 2046 - "A Bill to amend and reenact §9-5-15 of the code of West Virginia, 1931, as amended, relating to coverage of prescription drugs classified as atypical anti-psychotic medications for patients at risk of hospitalization for mental illness, medications to treat Alzheimer's disease, and anti-retroviral medications used to treat the AIDS virus"; to the Committee on Health and Human Resources then Finance.
By Delegate Butcher:
H. B. 2047 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-20-18a, relating to prohibiting automobile insurance rate increases or surcharges for reason of nonserious traffic convictions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Beane:
H. B. 2048 - "A Bill to amend and reenact §9-6-9 of the code

of West Virginia, 1931, as amended, relating to investigating and interviewing alleged adult victims of abuse or neglect"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 2049 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-2A-30, relating to allowing awards under the crime victims compensation program to be made to victims of identity theft"; to the Committee on the Judiciary then Finance.
By Delegate Fragale:
H. B. 2050 - "A Bill to repeal §18-2B-5 of the code of West Virginia, 1931, as amended, relating to the vesting of title to vocational education property in the state board of education"; to the Committee on the Judiciary.
By Delegate Fragale:
H. B. 2051 - "A Bill to amend and reenact §5-10-22 of the code of West Virginia, 1931, as amended, relating to retirement annuity of public employees and retirants; and increasing the multiplier"; to the Committee on Pensions and Retirement then Finance.
By Delegate Blair:
H. B. 2052 -
"A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-10, relating to prohibiting a business or organization from performing abortions in a public facility; and providing for a penalty"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Blair:
H. B. 2053
- "A Bill to amend and reenact §18C-7-3 and §18C-7-6 of the code of West Virginia, 1931, as amended, all relating to permitting a West Virginia student to receive fifty percent of the cost of tuition at an out-of-state college or university under a PROMISE scholarship where the course desired by the student is not offered by any institution in the state"; to the Committee on Education then Finance.
By Delegate Beane:
H. B. 2054 - "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"; to the Committee on Government Organization then Finance.
By Delegate Rick Thompson:
H. B. 2055 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22h; and to said code by adding thereto a new section, designated §18-7A-26t, all relating to the public employees retirement system and the teachers retirement system; and providing a one-time supplement for certain annuitants over the age of sixty-five years"; to the Committee on Pensions and Retirement then Finance.
By Delegate Michael:
H. B. 2056 - "A Bill to amend and reenact §61-7-6 of the code of West Virginia, 1931, as amended, relating to dangerous weapons generally and allowing mental hygiene commissioners to carry concealed weapons"; to the Committee on the Judiciary.
By Delegate Frederick:
H. B. 2057 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8D-3b, relating to crimes and their punishment; creating the criminal offense of failing to supervise a child; and providing criminal penalty and defenses to the offense"; to the Committee on the Judiciary.
By Delegate Fragale:
H. B. 2058 - "A Bill to amend and reenact §8-5-7 of the code of West Virginia, 1931, as amended, relating to providing that at the filing deadline for candidacy for mayor, recorder or city council, a candidate is unopposed, the municipality will allow an extended period beyond the filing deadline for write-in candidates to be submitted and, that in the event, five days prior to the election, no write-in candidates names are submitted for consideration, the election shall be canceled and the unopposed candidate shall be declared the winner"; to the Committee on the Judiciary.
By Delegate Fragale:
H. B. 2059 - "A Bill to amend and reenact §11-8-5 of the code of West Virginia, 1931, as amended, relating to providing that property owned, used and occupied by the owner or the owner's immediate family exclusively for residential purposes is Class II property for levy purposes"; to the Committee on the Judiciary then Finance.
By Delegate Overington:
H. B. 2060 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5A-12, relating to exempting public works projects receiving federal assistance and subject to federal labor standards from the state prevailing wage laws"; to the Committee on the Judiciary then Finance.
By Delegate Paxton:
H. B. 2061 - "A Bill to amend and reenact §18-2-25 of the code of West Virginia, 1931, as amended, relating to directing the West Virginia Secondary School Activities Commission to propose rules designed to provide oversight of secondary school athletic directors"; to the Committee on Education then the Judiciary.
By Delegate Staton:
H. B. 2062 - "A Bill to amend and reenact §18A-2-5 of the code of West Virginia, 1931, as amended, relating to giving priority to teacher's aide applicants with college credits"; to the Committee on Education then Finance.
By Delegate Amores:
H. B. 2063 - "A Bill to amend and reenact §11-3-1 of the code of West Virginia, 1931, as amended, relating to phasing in increased assessments on property that exceed twenty-five percent over the previous year over a five-year period"; to the Committee on the Judiciary then Finance.
By Delegate Campbell:
H. B. 2064 - "A Bill to amend and reenact §8-22-20a of the code of West Virginia, 1931, as amended, relating to municipal policemen and firemen pension and relief funds; and providing that where the state actuary has examined a municipal pension and relief fund for a particular year that fund may opt to use that actuarial valuation in place of any other actuarial valuation mandated by state law"; to the Committee on Pensions and Retirement then Finance.
By Delegate Cann:
H. B. 2065 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-6E-1, §33-6E-2, §33-6E-3, §33-6E-4 and §33-6E-5, all relating to automobile insurance premiums; permissible surcharges; multitiering practices; and requiring notice requirements"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Frederick:
H. B. 2066 - "A Bill to amend and reenact §11-24-4 of the code of West Virginia, 1931, as amended, relating to reducing the corporation net income tax"; to the Committee on Finance.
By Delegate Iaquinta:
H. B. 2067 -
"A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5S-12, relating to establishing a program for reprogramming cellular telephones and distributing to seniors without a cellular phone for making emergency calls"; to the Committee on Government Organization then Finance.
By Delegate Sumner:
H. B. 2068 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2B-5, relating to requiring that any person seeking an abortion provide two forms of identification, one of which must be a valid governmental form of identification"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Yost:
H. B. 2069 - "A Bill to amend and reenact §18-9-1 and §18-9-2 of the code of West Virginia, 1931, as amended, all relating to school levies and providing that school levy elections may be held during a primary election"; to the Committee on Education then the Judiciary.
By Delegate Talbott:
H. B. 2070 -
"A Bill to amend and reenact §17D-2A-4 of the code of West Virginia, 1931, as amended, relating to affixing the certificate of insurance to motor vehicle windshields; criminal penalties"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Talbott (By Request):
H. B. 2071 -
"A Bill to amend and reenact §20-2-22 of the code of West Virginia, 1931, as amended, relating to tagging of certain game"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Yost:
H. B. 2072 - "A Bill to amend and reenact §50-5-7 of the code of West Virginia, 1931, as amended, relating to limiting the right to a jury trial in misdemeanor criminal cases in magistrate court when the misdemeanor is also charged with a felony offense; and providing for a preliminary hearing on both the misdemeanor and felony offenses"; to the Committee on the Judiciary.
By Delegate Amores:
H. B. 2073 - "A Bill to amend and reenact §3-1A-5 of the code of West Virginia, 1931, as amended, relating to requiring the state election commission in cooperation with the secretary of state to study a method of conducting primary and general elections by means of computer internet systems; and requiring the state election commission report its findings to the Legislature"; to the Committee on the Judiciary.
By Delegate Beane:
H. B. 2074 - "A Bill to amend the code of West Virginia, 1931,as amended, by adding thereto a new section, designated §5D-1-5c, relating to transferring remaining bonding functions of public energy authority to state treasurer"; to the Committee on Government Organization then Finance.
By Delegate Blair:
H. B. 2075 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-29-11, relating to prohibiting law-enforcement officers from asking crime victims if they have insurance coverage to cover losses occasioned by the criminal activity being investigated; and, excluding the provisions of the section in the event reasonable suspicion exists that a crime has been staged or falsely reported"; to the Committee on the Judiciary.
By Delegate Caputo:
H. B. 2076 - "A Bill to amend and reenact §20-7-1c of the code of West Virginia, 1931, as amended, relating to providing salary parity for conservation officers relative to members of the West Virginia state police"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegate Caputo:
H. B. 2077 - "A Bill to amend and reenact §33-20-5 of the code of West Virginia, 1931, as amended, relating to insurance generally; and prohibiting the use of a credit score in casualty insurance rate filings"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Caputo:
H. B. 2078 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20B-1, §19-20B-2, §19-20B-3, §19-20B-4, §19-20B-5 and §19-20B-6, all relating to requiring the spaying or neutering of certain dogs and cats; and penalty for noncompliance"; to the Committee on the Judiciary.
By Delegate Frederick:
H. B. 2079
- "A Bill to amend §22A-1-21 of the code of West Virginia, 1931, as amended, relating to miners' health, safety and training; penalties; and providing that miners fined under the provisions of article one, are given the option of either paying the assessment within the time prescribed in the order or of completing a comprehensive training class dealing specifically with the adverse health and safety consequences resulting from the person's failure or refusal to comply with the cited statute or rule"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Caputo:
H. B. 2080 - "A Bill to amend and reenact §9-9-3 of the code of West Virginia, 1931, as amended, relating to excluding as income of a student parent the loan proceeds and grant moneys received by the parent for education"; to the Committee on Education then Finance.
By Delegate Frederick:
H. B. 2081 - "A Bill to amend and reenact §18C-7-5 of the code of West Virginia, 1931, as amended, relating to the PROMISE scholarship generally; and providing that students who commute from West Virginia to schools out-of-state may be eligible"; to the Committee on Education then Finance.
By Delegate Louisos:
H. B. 2082 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §64-3-1a, relating to amending the Public Service Commission, tariff rules, legislative rules; relating to accelerated rate procedures for gas, water and electric utilities"; to the Committee on the Judiciary.

By Delegate Pino:
H. B. 2083 - "A Bill to amend and reenact §7-14-8 of the code of West Virginia, 1931, as amended, relating to clarifying that the sheriff is the appointing officer with respect to deputy sheriffs who have resigned and thereafter seek appointment by reinstatement"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Spencer:
H. B. 2084 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-9-1, relating to state employees; extended leave of absence for state employees; and rehiring upon return to service; providing that employees shall be reinstated without loss of rights"; to the Committee on the Judiciary then Finance.
By Delegate Caputo:
H. B. 2085 - "A Bill to amend and reenact §29-6-10 of the code of West Virginia, 1931, as amended, relating to the civil service commission; and requiring the state personnel board to consider public employees' levels of seniority as a factor when awarding benefits or withdrawing benefits under the classified services"; to the Committee on the Judiciary then Finance.
By Delegate Azinger:
H. B. 2086 - "A Bill to amend and reenact §11-15-3 of the code of West Virginia, 1931, as amended, relating to a gradual elimination of the food sales tax; and, increasing the sales tax on other items from six percent to six and one-half percent"; to the Committee on Finance.
By Delegate Ron Thompson:
H. B. 2087 - "A Bill to amend and reenact §18A-4-3 of the code of West Virginia, 1931, as amended, relating to salary increments paid to principals and assistant principals; and establishing salary reduction procedures when loss of funds occur"; to the Committee on Education then Finance.
By Delegate Howard:
H. B. 2088 - "A Bill to amend and reenact §5A-3-37 of the code of West Virginia, 1931, as amended, relating to increasing the resident vendor's bid ratio from two and one-half percent to five percent"; to the Committee on Government Organization then Finance.
By Delegate Ellem:
H. B. 2089 - "A Bill to amend and reenact §49-5-17 of the code of West Virginia, 1931, as amended, relating to making records in criminal juvenile proceedings involving crimes of violence open to the public"; to the Committee on the Judiciary.
By Delegate Ellem:
H. B. 2090 -
"A Bill to amend and reenact §55-7A-2 of the code of West Virginia, 1931, as amended; and to amend and reenact §61-11A-2 of said code, all relating to defining victim so as to include a person who has been damaged as a result of the commission by a juvenile of a felonious act; and increasing the parents' liability for the willful, malicious or criminal acts of their children"; to the Committee on the Judiciary.
By Delegate Ellem:
H. B. 2091 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-24, relating to prohibiting the distribution of RU-486 by any administrator, employee or other official of the college or university; and providing a penalty for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Amores:
H. B. 2092 - "A Bill to amend and reenact §18C-7-6 of the code of West Virginia, 1931, as amended, relating to requirements for rules for PROMISE scholarships"; to the Committee on Education and Finance.
By Delegate Spencer:
H. B. 2093 -
"A Bill to amend and reenact §7-1-3v of the code of West Virginia, 1931, as amended, relating to allowing counties adopting a flood plain ordinance to designate a flood plain enforcement agency"; to the Committee on Political Subdivisions the Government Organization.
By Delegate Pino:
H. B. 2094 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-22E-1, §18-22E-2 and §18-22E-3, all relating to creation of the 'Supplement to West Virginia Veterans Education Benefits Program Fund'; providing that resident veterans receive a certain monthly benefit when attending a public institution of higher education in this State; providing for the 'Supplement to West Virginia Veterans Higher Education Benefits Program Commission'; designating members of the Commission; authorizing the Commission to enlist aid of clerical help; setting forth eligibility requirements; and providing that the new law does not create an entitlement to benefits"; to the Committee on Government Organization then Finance.
By Delegate Pino:
H. B. 2095 - "A Bill to amend and reenact §62-3-3 of the code of West Virginia, 1931, as amended, relating to changing the number of peremptory juror strikes to which the prosecutor and the accused are entitled in the trial of a criminal case and changing the order in which the strikes are made"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 2096 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-23g, relating to the creation of a New River and Gauley River Citizens' Board to help resolve access issues to those rivers"; to the Committee on Government Organization then Finance.
By Delegate Ron Thompson:
H. B. 2097 - "A Bill to amend and reenact §11A-3-23 of the code of West Virginia, 1931, as amended, relating to redemption of real estate; and providing that a person sixty-five years of age or older may redeem real estate owned by him or her by paying the delinquent taxes without paying other costs or liens, if the owner redeems the real estate within two years after the taxes become delinquent"; to the Committee on the Judiciary then Finance.
By Delegate Stemple:
H. B. 2098 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-15-19, relating to deferral of filing fees and costs incidental to bringing actions in magistrate court for the collection of delinquent ambulance bills by county ambulance authorities and county commissions"; to the Committee on the Judiciary.
By Delegate Ron Thompson:
H. B. 2099 - "A Bill to amend and reenact §15-2-7 of the code of West Virginia, 1931, as amended, relating to providing a salary increase for civilian employees of the State Police"; to the Committee on Finance.
By Delegate Louisos:
H. B. 2100 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-11A-3a, relating to unfair trade practices; providing that predatory pricing is unlawful; and providing a criminal penalty"; to the Committee on the Judiciary.
By Delegate Evans:
H. B. 2101 -
"A Bill to amend and reenact §17A-10-3a of the code of West Virginia, 1931, as amended, relating to exempting antique motor vehicles and motorcycles and classic motor vehicles and motorcycles from registration fees"; to the Committee on Roads and Transportation then Finance.
By Delegate Beach:
H. B. 2102 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-32, relating to making tongue splitting a crime unless performed by a licensed physician or osteopath; and providing for a penalty"; to the Committee on Government Organization then Finance.
By Delegate Beach:
H. B. 2103 - "A Bill to amend and reenact §21-3-7 of the code of West Virginia, 1931, as amended, relating to the operation of steam boilers and testing and licensing requirements proscribed by the Commissioner of Labor"; to the Committee on Government Organization then Finance.
By Delegates Perry, Stemple and Cann:
H. B. 2104 - "A Bill to amend and reenact §8-14-24 of the Code of West Virginia, 1931, as amended, relating to providing that retiring municipal police officers may keep their service revolver; and exceptions"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Fragale and Martin:
H. B. 2105 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-4-3a, relating to providing that applications for farm use valuation must be filed with the county assessor between the thirtieth day of June and the first day of October of each year"; to the Committee on the Judiciary then Finance.
By Delegates DeLong, Amores, Varner, Caputo, Stemple and Perry:
H. B. 2106 - "A Bill to amend and reenact §48-1-230 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §48-18-119a and §48-18-119b, all relating to child support generally; providing for liens upon child support obligors' proceeds from worker's compensation awards, from civil settlements, judgments, or awards from arbitration or other alternative dispute resolutions"; to the Committee on the Judiciary.
By Delegates Boggs, Campbell, Michael and Staton:
H. B. 2107 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-6-1, §4-6-2 and §4-6-3, all relating to creating the Joint Commission on Technology and Advanced Communications; providing for appointment of members of the Senate and House of Delegates to the Commission; providing for the appointment of citizen members; meetings, periods of function, powers and duties of the Commission; and the recommendation of guidelines"; to the Committee on Government Organization then Finance.
By Delegates Boggs and Stalnaker:
H. B. 2108 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-58, relating to prohibiting state purchases of information technology equipment constructed of flammable materials"; to the Committee on the Judiciary then Finance.
By Delegates Boggs and Stemple:
H. B. 2109 - "A Bill to amend and reenact §11-5-3 of West Virginia, 1931, as amended; and to further amend said article by adding thereto a new section, designated §11-5-13b, all relating to exempting bee hives from personal property assessment and taxation"; to the Committee on the Judiciary then Finance.
By Delegates Hamilton, Azinger, Evans and Stalnaker:
H. B. 2110 - "A Bill to amend and reenact §47-11A-6 of the code of West Virginia, 1931, as amended, relating to allowing a retail markup on the sale of beer, wine and intoxicating liquors of fifteen percent"; to the Committee on the Judiciary.
By Delegates Beane and Michael:
H. B. 2111 - "A Bill to amend and reenact §16-4C-14 of the code of West Virginia, 1931, as amended, relating to allowing emergency medical personnel the right to practice according to their practice act in any setting"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Blair and Sumner:
H. B. 2112 - "A Bill to amend and reenact §16-2F-3 of the code of West Virginia, 1931, as amended, relating to requiring a physician to receive written consent from at least one parent or legal guardian before an abortion is performed on an unemancipated minor; and providing a criminal penalty for failure to comply"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Boggs, Ron Thompson and Rick Thompson:

H. B. 2113 - "A Bill to amend and reenact §24-3-1b of the code of West Virginia, 1931, as amended, relating to increasing public safety by requiring a certified railroad locomotive engineer to be in direct control of the train or locomotive movement"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Stalnaker:
H. B. 2114 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-6-25, relating to imposing misdemeanor penalties for obstructing a law-enforcement officer or giving false statements to a law-enforcement officer acting in the course of duty"; to the Committee on the Judiciary.
By Delegates Brown and Hatfield:
H. B. 2115 - "A Bill to amend and reenact §31-2-8 of the code of West Virginia, 1931, as amended, relating to authorizing counties and municipalities to apply to the Department of Transportation to require train locomotives to reduce noise at railroad crossings by sounding bells instead of horns or whistles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Wakim:
H. B. 2116 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-13-1, §4-13-2 and §4-13-3, all relating to the creation of a Joint Legislative Committee on Technology and Security"; to the Committee on Government Organization then Finance.
By Delegate Schadler:
H. B. 2117 - "A Bill to amend and reenact §11A-3-23 of the code of West Virginia, 1931, as amended, relating to increasing the title examination costs charged by the clerk of the county commission from two hundred dollars to four hundred dollars to redeem real estate"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 2118 - "A Bill to amend and reenact §62-1C-12 of the code of West Virginia, 1931, as amended, relating to forfeiture of bail bond for failure of a defendant to appear in court; and providing for reimbursement to the bail bondsman for the amount of the forfeited bond if the bail bondsman later returns the bonded person to the custody of court"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 2119 - "A Bill to amend and reenact §11-21-3 of the code of West Virginia, 1931, as amended, relating to personal income tax; providing tax exemption to veterans and their spouses locating in West Virginia following the veterans' separation from service"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegate Stemple:
H. B. 2120 - "A Bill to amend of the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6H-1, §11-6H-2, §11-6H-3, §11-6H-4 and §11-6H-5, all relating to providing a special method for appraising certain charitable property that is leased for profit; requiring certification by the Tax Commissioner; and providing an appeal process"; to the Committee on the Judiciary then Finance.
By Delegate Louisos:
H. B. 2121 - "A Bill to amend and reenact §6-2-1 and §6-2-19 of the code of West Virginia, 1931, as amended, all relating to permitting the use of cash or a certificate of deposit in lieu of the posting of any bond requirement under state law"; to the Committee on the Judiciary.
By Delegate Frederick:
H. B. 2122 - "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; districts and divisions; employment; tenure; oath; bond; mine safety instructors; qualifications; employment; employment of electrical inspectors; qualifications; salary and expenses; eligibility for appointment as mine inspector; qualifications; removal; eligibility for appointment as surface mine inspector; qualifications; and removal"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Paxton:
H. B. 2123 - "A Bill to amend and reenact §18-8-1 of the code of West Virginia, 1931, as amended; and to amend and reenact §18-28-3 of said code, all relating to exempting children receiving an exemption from compulsory school attendance in favor of church school from the standardized testing requirement"; to the Committee on Education then Finance.
By Delegate Hall:
H. B. 2124 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-6-22b, relating to people with medically restrictive diets; requiring establishments serving prepared food to the public for consumption to allow people with special dietary restrictions to bring certain foods with them; and providing for physician's letter and the issuance of a restricted diet card"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 2125 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-14, relating to requiring abortion facilities to have certain written policies and procedures"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Azinger:
H. B. 2126 - "A Bill to amend and reenact §11-21-12 of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing income deduction for tax purposes for gifts to West Virginia charities"; to the Committee on Finance.
By Delegate Louisos:
H. B. 2127 - "A Bill to amend and reenact §47-11C-3 of the code of West Virginia, 1931, as amended; and to amend and reenact §60-9-1, §60-9-2 and §60-9-4 of said code, all relating to providing that the sales price of gasoline is required to at least be the daily 'Rack' price that exists on the date it is sold plus seven percent and an allowance for the cost of transportation; providing inspectors from the Division of Labor check bills of lading and take other action considered appropriate to insure compliance; providing a criminal penalty; prohibiting wholesalers of cigarettes from offering discounts to retailers or consumers; and providing a criminal penalty"; to the Committee on the Judiciary.
By Delegates Perry, Pino, Leach and Michael:
H. B. 2128 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-29, relating to authorizing the Executive Director of the Regional Jail and Correctional Facility Authority to establish an inmate furlough program and providing civil immunity"; to the Committee on the Judiciary.
By Delegates Amores, Craig, Pethtel and Armstead:
H. B. 2129
- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-58, relating to the unlawful use of a recording device in a motion picture theater; defining certain terms; providing that a person who knowingly operates the audiovisual recording function of any device in a motion picture theater with the intent of recording a motion picture under certain circumstances commits a misdemeanor offense; providing criminal penalties; providing for the imposition of criminal fines; requiring theater owners to display certain signs under specified conditions; specifying that failure to display the signs does not create liability for the theater owners; authorizing the theater owner to detain a person in violation of the act; providing immunity to the theater owner for detaining a person in violation of the act while awaiting the arrival of a law enforcement officer; providing an exception to the immunity; and providing that an employee or agent of certain law enforcement, protective services, or investigative agencies may operate an audiovisual recording device as part of a lawfully authorized activity"; to the Committee on the Judiciary.
At 12:15 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:45 p.m., and reconvened at that time.
Messages From The Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 4, Raising a Joint Assembly to hear an address by His Excellency, the Governor.
Joint Assembly

The Speaker recognized the Doorkeeper, who announced the members of the Board of Public Works, who were escorted to the places reserved for them.
The Doorkeeper next announced the Honorable Joseph P. Albright, Chief Justice of the Supreme Court and the Associate Justices, who entered the Hall of the House of Delegates and took the seats reserved for them.
The Doorkeeper then announced the Honorable Earl Ray Tomblin, President, and members of the Senate, who entered the Hall of the House of Delegates.
The Speaker invited the President to be seated to his right and the other members to be seated in the places reserved for them in the Well of the House.
Delegate Caputo then announced the special committee to wait upon His Excellency, the Governor, and escort him into the Chamber.
The Speaker then recognized the Honorable Oce W. Smith, Sergeant at Arms, who announced pursuant to the invitation of the Legislature, His Excellency, the Governor, was present for the purpose of addressing the Joint Assembly.
The committee escorted His Excellency, the Governor, to the Clerk's Desk. (Applause, the members and guests rising)
The Speaker then presented the Honorable Joe Manchin, III, who addressed the assembly as follows:
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Address By The Governor

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The Governor: Mr. President, Mr. Speaker, Members of the Board of Public Works, Justices of the Supreme Court of Appeals, Members of the Legislature, Distinguished Guests and My Fellow West Virginians:
While I am honored and humbled to have the opportunity tonight to share with you my hopes and dreams for our great state, this is not the first time I have been granted the privilege of standing in this hallowed chamber as your Governor.
As you are aware, a little over two weeks ago I met here with the members of the House and the Senate at the beginning of what quickly became one of the most historic special legislative sessions ever to take place in West Virginia.
Working together, with the support of many of the state's top business and labor leaders, we took the bold steps necessary to show the nation that West Virginia is serious about getting our house in order and our people back to work. (Applause)
The effort made by this Legislature was unprecedented in its scope. You allowed me the opportunity, as Governor, to begin to reorganize the executive branch of state government with the goal of being more accountable for our actions and more coordinated in our economic development efforts.
You took responsibility for managing the state's long-term pension debts in a common-sense way that provides the ultimate protection for our retirees. To the people across West Virginia who are listening to this speech tonight, a vote on the management of these debts will be held this summer, and I cannot stress to you enough how important it is that you and your family members support and vote in favor of establishing a fixed mortgage payment to pay off our unfunded liabilities. This will not cost you or the state one more penny; on the contrary, it will save the state hundreds of millions of dollars, and it will pave the way at long last for economic stability and security for our children and grandchildren.
You had the courage to strengthen our state's ethics laws, holding yourselves to a higher level of accountability, in an effort to ensure that the people of this state can have the utmost confidence in their elected officials and those who do the work of the state. Tomorrow, I will officially sign the ethics bill and at the same time propose legislation to remove the provision that unnecessarily hinders citizens from speaking out about their complaints. I am confident that no member of the Legislature meant any harm with this provision, but let's fix it now, right from the start and move on with these needed ethics reforms. (Applause)
And, most significantly, you tackled, once and for all, our workers' compensation debt - putting approximately $160 million back into our economy by reducing every businesses premium starting next year by up to 15 percent, (Applause) which will allow businesses to reinvest in new equipment and create more job opportunities. Make no mistake, the work you did just a week and a half ago has already made a significant improvement in the state's business climate that will benefit all West Virginians.
I said going in that it wouldn't be easy - and it wasn't. The only choices we had were hard ones. But you made them and you made them decisively, and the working men and women of this state owe you a large debt of gratitude as a result. (Applause)
But there is much more to be done. As evidence of that fact, the budget that I present to you tonight has been cut by over $75 million from the budget that was first compiled. Those were hard cuts to make, but they had to be done. And I am proud to say that they were done responsibly, not in an across the board fashion, but in targeted reductions made for specific and valid reasons. The people of West Virginia have made it clear that they will no longer tolerate a government that is out of step with the economy of this state. While I believe we are making great strides towards financial recovery in West Virginia, we are not there yet, and our government's budget should reflect that reality.
As I've said before, the work completed during the special session was just the beginning. During those six days we lit a spark that will positively impact the lives of our children and grandchildren, but the full fire is yet to come.
It's time now for us to seize upon the momentum of the special session and build upon it.
I come to you tonight not only with budget cuts, but with an agenda that, once completed, will solidify the dawning of a new day in West Virginia. A new day not only for the families that live here, but for the companies that want to do business and create good jobs here. And we will make sure that every member of the Legislature is informed from the very beginning about the ins and outs of our proposals. Just like we did in the special session, we will come to you with a PowerPoint presentation that will explain our agenda from top to bottom. Some things we'll agree on and some we may disagree on, but at least we'll start our discussions from the same page and never lose sight of our respect for each other.
But before I go any further, I want to introduce to you some very special guests. Sitting before you is the real hope of West Virginia. HI-Y Governor James Staten of Williamson High School, HI- Y Chief Justice Shane Dragan of Oak Hill High School and George Washington High School Student Richard Leach, whose championship "We, The People" team will be representing the state of West Virginia during the program's national competition in Washington, D.C., this spring. (Applause)
It is for them and for those they represent that we gather here tonight and commit ourselves to doing everything possible to ensure that they are able to live, work and raise a family here in the Mountain State.
As I said in my Inaugural Address, I want my administration to be remembered for fighting hard everyday to keep five basic promises to our children.
The first promise: Every child should have a caring adult in their lives. And that's not always a biological parent or family member. It may be a friend or neighbor. Often times it is a teacher. I would like you to meet one of our state's finest teachers; an educator who truly represents the quality of our education community. He is an agriculture education teacher from Saint Mary's High School in Pleasants County. At this time, I'm pleased to ask Jason Hughes, West Virginia's Teacher of the Year, to stand and to be recognized. (Applause, the members rising in ovation)
Again this year, we are so pleased that the Toyota Motor Corporation is presenting a new Toyota Sienna to our state's Teacher of the Year. This automobile, with its West Virginia-produced engine and transmission, will serve Jason well in his efforts to drive and challenge the students he works with everyday. I'm also pleased to acknowledge Mountain State Blue Cross and Blue Shield that will present Jason with a $5,000 check. Thanks to both of these West Virginia companies for continuing their long-standing commitment to education. (Applause)
The second promise: Every child should have a safe place. And that is not always their home. It could be their church and in more cases than not it's their school, and I want to do all that I can to protect and support every one of our state's small, rural, community- based schools. (Applause) For many of our children they are more than just places to learn; they are places to get a hot meal and some much-needed positive attention, and we must make it our mission to help them meet those needs, because they are the hearts of our communities, and their survival is critical to our future success.
The third promise: Every child should have a healthy start. Just like children must be taught to read in order to be successful, they must also be taught the skills that will help them stay healthy throughout their entire life. That is why I am proposing a three part Healthy Start Initiative that will give our children the skills they need to fight the growing epidemics of childhood obesity, Type II Diabetes and heart disease.
And, to show my commitment to promoting a healthy lifestyle for our children, the Governor's office has accepted a challenge by the House and Senate to participate in the West Virginia Leaders On The Move initiative. During the legislative session, my staff and I will wear pedometers and track our steps daily. The steps will then be averaged out and, as I understand it, a trophy will be awarded to the office that has walked the most at the conclusion of the session. We're happy to be able to participate in this worthwhile project, and for the record, we plan on winning. (Applause)
The fourth promise: Every child should have a marketable skill. There will never be another meeting under my watch without education and economic development working together. We need to do a much better job of educating our children about their career choices. As I've said many times, while every child needs some form of post-secondary education, not every child is meant to receive a 4-year college degree. In fact, the demand for skilled blue-collar workers is now steadily on the rise. Therefore, some students would excel with a 2-year community college degree or specialized technical school training, and we should give those options equal attention when talking with today's students.
In addition, we need to start thinking outside of the box when it comes to educational technology. At this time I would like to introduce to you my wife, the amazing new First Lady of West Virginia, Gayle Manchin. (Applause, the members and guests rising in ovation)
Gayle has spent a large part of her career working in the education realm and so I have asked her to take the lead on developing a plan to improve our state's distance learning initiatives. With the technology available today, there is no reason why a student in Welch shouldn't have the exact same access to specialized class choices as a student from Wheeling or vice versa. It is yet another way for us to protect our small, rural, community-based schools while also ensuring that our children have access to the latest and greatest curriculum. A child's geographic location, race or parent's income level should not predetermine their life's course and it's up to us to see that they don't. (Applause)
And, last but certainly not least, the fifth promise: Every child should be taught to be a caring adult and be given an opportunity to serve their communities. As an example of the great work being done around the state in this regard we have with us tonight Dr. Ruthellen Phillips.
Dr. Phillips is an Extension Professor at West Virginia University and Director of Energy Express. She recently received the highly prestigious Lewis Hine Award presented by the National Child Labor Committee. This national award recognizes ten individuals for their "unheralded volunteer or professional work that betters the lives of America's youth."
Through partnerships with agencies, organizations and school systems on the local level, Ruthellen and Energy Express are meeting all five promises, and we as a state will do all we can to follow their example. (Applause)
In addition to focusing on these five important promises, my administration will also develop initiatives to ensure we are treating all people in West Virginia with dignity and respect, no matter their lot in life physically, mentally or economically. To that end, we will be continuing what was a very successful effort in the Secretary of State's office - and that is our SHARES program - Saving History And Reaching Every Student. We have only scratched the surface of the good that can be accomplished through this program and within the next 90 days we will be announcing a new focus for SHARES that will take it to the next level. So, stay tuned!
And at the same time we devote resources to our youth, we must never forget the contributions of those who came before and paved the way for whatever success we've been able to achieve, both individually and collectively.
First, our senior citizens: I believe that the senior citizens of today have been overlooked as sources of strength, stability and vitality in our communities. And by too often discounting the value of seniors and the wisdom they offer, programs have been developed to assist seniors that do not truly address their very real needs and desires. As Governor, I intend to place greater emphasis on those programs, which help our seniors live in their own homes and stay active in their communities, such as in home nutrition programs. Too often, we pigeon hole our seniors and their needs and force them to live, as we want, not as they desire. By giving our seniors the assistance they need to stay in their communities and live with dignity in their own homes we are honoring our commitment to the greatest generation. (Applause)
We must also never forget, or take for granted, the contributions of our state's veterans.
At this time it is my privilege to introduce Staff Sgt. Derek Brown of the 167th Airlift Wing, out of Martinsburg; Staff Sgt. Renada Snodgrass of the 111th Engineering Group, out of St. Albans; and, Chief Master Sgt. Donald Burton of the 130th Airlift Wing, out of Charleston. All three have recently returned from overseas where they served in support of Operation Iraqi Freedom, and we're very glad to have them home. (Applause, the members and guests rising in ovation)
As I am sure you are all aware, West Virginia is one of the most patriotic states in the nation - sending more of our men and women into battle in defense of our country's democracy than most any other state. In addition, approximately 77 percent of all West Virginia National Guard members have been deployed since September 11, 2001 - nearly 4,800 soldiers and airmen. It is because of them and their sacrifices that we are able to meet freely here tonight.
Which is why we need to do a better job of taking care of the families of our military and national guardsmen, especially when a crisis occurs. I have instructed the Division of Veterans Affairs to install a support line specifically for these families - 1-800-WV-4-VETS. I want every military family in West Virginia that might be facing a problem due to the absence of their loved one to know that they have somewhere to turn. We're all one big family here in West Virginia, and we want to do everything in our power to help you just as your family members are doing everything in their power to help us.
I am also proposing that we follow the suggestion of New Mexico Governor Bill Richardson and add a check-off box on our state's tax returns in 2006 that would allow state tax refund recipients to divert their refund to provide emergency assistance to West Virginia military families whose loved ones have either lost their lives or been seriously wounded in the defense of our country. It is the least we can do to honor their sacrifice and I will be the first to sign up when the time comes. (Applause)
And last but not least, I want to make sure that our returning veterans have the opportunity to return to our workforce as quickly as possible. To that end, I will soon be signing a resolution in support of the nationally recognized Helmets to Hardhats program. Helmets to Hardhats connects National Guard, Reserve and transitioning active-duty military members with career training and employment opportunities in the building and construction trades. The program matches an individual's military experience with specific building trades' crafts and allows direct entry into the apprenticeship programs of affiliated construction unions. It's a good program and I am confident it will assist our veterans as they make the often-difficult transition from military service back into our everyday world.
We also need to take time to acknowledge our state's police officers, firefighters and emergency workers. These men and women have always played a vital role in our state's security and emergency response, but during the past four years have been asked to do even more. With added homeland security pressures they are doing more with less every single day.
Unfortunately, they're also spending a large amount of time dealing with a new, senseless threat that has encompassed our state and others like the plague - methamphetamines.
It is long past time for us to put an end to the creation and use of meth labs. (Applause) Not only do these volatile and often crude labs create illegal and highly addictive drugs, they endanger our towns and put at risk the lives of all law enforcement personnel. They are also impacting the lives of our children with disastrous results. Therefore, I will propose legislation that will limit access to key ingredients used in the production of methamphetamines. Similar legislation in Oklahoma has already reduced the number of meth labs in that state by over 60 percent. For the sake of our families and our children, I am putting meth users on notice tonight that we are going to declare war on this drug and the dangerous, make-shift meth labs that are too often leading to tragedy. Enough is enough. (Applause)
Throughout the last decade, West Virginia has seen its share of natural devastation as well.
Flooding and other natural disasters have plagued the Mountain State and have changed the lives of so many people. While each flooded home, business, school or church is a significant burden upon the individuals and communities involved, West Virginians have been there to provide comfort and help to those affected. Volunteers have been the backbone of relief efforts, donating their time, energy and money.
Prior to my inauguration, as news of the devastation left in the wake of the Southeast Asian Tsunami became apparent, I established the Disaster Recovery and Reconstruction Committee to address and expedite West Virginia's response to floods and other disasters. Currently, this committee is looking into establishing a non-profit disaster response and recovery fund so that when a disaster strikes, I, as Governor, can immediately activate the account to receive contributions. We will work to ensure those who give that their money will go directly to assisting the victims of the disaster.
If we do just the few things I've mentioned up to this point, we will have made progress in meeting the needs of West Virginians, but it's not nearly enough. If we are to build upon the monumental economic climate shift that was begun during the special session and create new jobs in the state of West Virginia, we must go much further.
And for guidance, I am looking towards this beat-up old blue binder. For those who followed me on the campaign trail, you should be familiar with this binder because I took it with me everywhere. From Martinsburg to Matewan, Clarksburg to Parkersburg, where I went, it went. It is my job creation plan and as many of you know, it's called: West Virginia: Open for Business.
Almost every politician running for office comes out with a set of plans so that they can demonstrate how serious they are about fixing the state's problems. But once the election is over and the candidate takes his or her oath, you rarely here a peep about those plans again. They end up on a shelf somewhere gathering dust. Well, not this plan.
The ideas that I put forth in this plan during the past year and a half played a major role in my being elected and I owe it to the people who voted for me to honor them.
That is why I am using this plan as a blueprint for our economic development and job creation efforts. I will do everything in my power during the next four years to live up to my "Open for Business" commitments of saving the good jobs with healthcare benefits we already have and looking for ways to create many, many more.
But first we have to start with the basics and set some goals.
Goal #1: Running state government like a business.
I've already talked about the $75 million that we have cut from my proposed budget, and almost the entire state is aware by now of my request for state agencies to simply answer the phone in a business-like manner - something I take very seriously as numerous state employees have already discovered. (Applause) But these initiatives are just the tip of the iceberg.
For example, one of the first key steps in running the state like a business is ensuring that our State Tax Department has the tools it needs to collect the taxes that are currently due so that we have the money necessary to meet our obligations. In business, you must invest in equipment and people in order to make a profit and so as CEO of the state, I propose we make a one-time investment of $20 million dollars in a new integrated tax collection system that is estimated to increase our collections of existing taxes by $18 million dollars each and every year going into the future. I don't know about you, but that just makes good, common sense to me. (Applause)
In addition, we must address our pension systems. During the special session a week and a half ago, together, we took the steps to create a permanent fix to our pension challenges - but we must do more. I will submit a package of pension reform legislation that is fair to public employees, teachers, Troopers and Judges but that is also fair to the taxpayers of this state. We must give every West Virginian confidence that we will never again allow this state to make promises it can't keep. (Applause)
We need to look closely at our community corrections programs. We've all seen the statistics: West Virginia has one of the fastest growing rates of incarceration in the country. The negative impact on community after community throughout the state is overwhelming in both actual dollar costs and the much harder-to-measure human costs.
That's where community corrections come in. Not only have these programs turned around the lives of certain non-violent offenders making them productive, contributing citizens, but they have saved taxpayers millions of dollars.
That is why I am proposing that we place $800,000 in the budget for the Division of Criminal Justice Services to help develop community corrections programs in other parts of the state. (Applause)
Goal #2: Developing a seamless education system
The State Constitution requires that we offer a "thorough and efficient system" of education for students from elementary through high school. The Constitution also requires us to pay for it.
However, the State Constitution does not require us to offer or pay for a system of higher education for students to attend after high school. During our history, we have wisely chosen to create a system of higher education, consisting of technical centers, community colleges, public colleges and universities, and I believe these institutions are essential to our future. But because higher education is not a fundamental right under our state's Constitution, colleges and universities must continually demonstrate that the taxpayers' investment in higher education is worth it.
Tonight, I propose to remove the shackles from higher education and give them the flexibility to compete and succeed. (Applause) We cannot stifle productivity and efficiency and then expect our colleges and universities to meet the challenges of the 21st century. Working with the Legislature, I want to give higher education the capacity to meet these challenges.
Our two largest universities, Marshall and West Virginia University, are keys to this competitiveness. Alone, each can accomplish much. Together, they can accomplish much more. At my direction, West Virginia University and Marshall University will be working in a new spirit of collaboration to promote the state's economic interests. We want WVU and Marshall to be rivals on the basketball court, and, yes, on the football field, (Applause) but we also expect them to be partners in creating new jobs, conducting scientific research, and generating high-tech economic development. Let's help them and every other college and university in West Virginia by reducing over-regulation and increasing flexibility in higher education.
Goal #3: Providing quality, affordable healthcare to our citizens
Today, I officially appointed West Virginia's new Pharmaceutical Advocate, Scott Brown. (Applause) Scott will be charged with obtaining the lowest possible prescription drug prices for our state and its citizens. By combining, for the first time ever, the buying power of PEIA, Medicaid, CHIPs and the Department of Corrections we will save our state and its people tens of millions of dollars.
We also need to begin the process of modernizing West Virginia's health care system and use the technology that already exists within our high tech consortium and biometrics industry to put critical health care information in the hands of doctors and caregivers at the time they need it most - when care is delivered. Why is it so easy to access our bank accounts using ATMs worldwide but we have trouble moving medical records from one health care provider to another?
Last year, the federal government laid out a plan to ensure that most Americans have personal electronic health records within 10 years. To help do this, they appointed a National Coordinator for Health and Information Technology, Dr. David Brailer. We are honored to have Dr. Brailer and his mother Grace with us tonight.
I believe that West Virginia can serve as a model for health records partnerships that will pave the way for other states. We will lead the nation in making health care information more readily available to consumers so that they can make not only informed choices about their doctors and treatment options but also become more involved and responsible in their own care.
Dr. Brailer, thank you for being here tonight. We look forward to working with you. By the way, did I mention that Dr. Brailer is a native West Virginian and a graduate of WVU and his mom still lives in Kingwood? We should all be very proud. (Applause)
Speaking of which, I also want to take this opportunity to welcome another special guest, Joan Ohl. Joan lives in West Virginia and is Commissioner of the Administration on Children, Youth and Families for the U.S. Department of Health and Human Services and is a former Secretary of the West Virginia Department of Health and Human Resources. Welcome back, Joan. (Applause)
Goal #4: Encouraging counties and regions to work together.
With the approval of the Legislature we will devote $250,000 to provide assistance to the municipal and county consolidation efforts championed by Senator Brooks McCabe and the Commission on Governing in the 21st Century. (Applause)
Goal #5: Promoting our state's workforce development efforts.
We will coordinate statewide activities related to the development of our workforce - assisting individuals seeking employment and providing a trained/skilled workforce to existing and anticipated businesses in our state.
We will also create a business honor roll so that we take the time to recognize those West Virginia businesses, both small and large that continually train their workers, are good neighbors, pay their bills and provide quality, good-paying jobs and health care to our citizens.
Goal #6: Preserving our state's small businesses.
I want my legacy as Governor to include making West Virginia the No. 1 state for small business growth. Therefore, I will require our new Secretary of Commerce to devise an action plan specifically for growing our small business community, complete with defined outcomes that can easily be measured and tracked to show how the state will use all of its resources to save our existing small businesses and promote the creation of new ones.
Goal #7: Investing in our Infrastructure and Environment.
I am committed to developing a Brownfields Clean-Up Plan to ensure that we clean up and use previously developed land for new commercial development.
In many parts of the state, we already have the infrastructure in place to bring in new businesses. Land that was once used for commercial or industrial purposes that now sits idle is prime property for a company looking to relocate or expand in our state. West Virginia's Brownfields program is a powerful tool we have to create economic opportunity, sustainable development, and community-based partnerships.
I am also committed to maximizing our water potential. It is unconscionable to me that in the year 2005, approximately 25 percent of West Virginia homes still have no access to a formal, clean water system and 45 percent of our population is not connected to a centralized public wastewater treatment system. How can we expect to be taken seriously as a potential business location if we aren't even taking care of the basic needs of our current citizens? (Applause) This must change and it must change as quickly as possible. (Applause)
In addition, West Virginia's water resources are plentiful and we need to continue to act now to keep it that way. Last year, you, the West Virginia Legislature, had the foresight to pass the Water Resources Protection Act, a measure that will help protect West Virginia's valuable water resources. As a result of that action, we will begin to know how much of our water is being used and for what purposes.
And, I am committed, as anyone who knows me will tell you, to making our state truly shine. West Virginians take enormous pride in our state, which is demonstrated by the number of volunteers who help with clean-up programs year round. But I have discovered that these programs are scattered over different agencies, which just doesn't make sense. That is why I am proposing we house all cleanup and litter control initiatives under one comprehensive program. In honor of my late uncle A. James Manchin this program will be called "REAP: The Next Generation," which stands for Rehabilitation Environmental Action Plan. (Applause, members and guests rising in ovation)
The Adopt a Dump program, Adopt a Highway program, recycling assistance initiatives, the Make it Shine program and the Youth Conservation Education program should fall under one umbrella in order to keep the state clean while maximizing our financial and human resources and eliminating redundancy.
As part of this new plan, Clean Streams West Virginia will be launched in the spring to encourage groups to clean up their local streams. Expect to hear a lot more about this new initiative in the coming weeks. It's an effort that would make Uncle Jimmie very proud, (Applause) and I'm sure many of you in this chamber can hear him even now.
Goal #8: Improving our Overall Business Climate.
First, let's talk about waiver provisions. As I've said many times, I'm a big believer that one size doesn't fit all, especially when it comes to meeting the needs of our individual communities. West Virginia is a unique state with distinct regional economies. Just look at the differences between Huntington and Harpers Ferry. That is why I am proposing that we allow local governments throughout West Virginia a waiver program to explore new ways to govern at the municipal and county level and to give the rest of the state the benefit of learning from their experiences prior to making any statewide reforms. The waiver program would include tools that would allow local government operations and education decisions to be made based upon fairness, equity and competitiveness.
Second, as part of our collective commitment to build a stable and attractive business climate, we also need to take reasonable steps to reform West Virginia's civil justice system. (Applause) In doing so, we will stop frivolous lawsuits in the State of West Virginia once and for all. (Applause, members and guests rising in ovation) We must forge a middle course between the extremes on both sides of this debate and focus on the ultimate goal of our court system: the equitable and fair treatment of all parties. With that goal in mind, I will be proposing legislation that strikes a balance between protecting the right of an injured person to seek relief and the fundamental underpinning of American jurisprudence - that a party should be treated justly and be required to pay only its fair share.
As we make this commitment to improve our court system, it is right and our responsibility to ask insurance companies to make a commitment to ease the burden placed on hard working West Virginians. Under the leadership of Governor Wise and the Legislature, the state recently enacted significant reforms to address skyrocketing malpractice costs for our doctors. And these reforms have worked, cutting medical malpractice lawsuits significantly and reducing the total amount of paid verdicts and settlements by over fifty percent. The State of West Virginia has done her part, and now it is time to ask the insurance companies to do theirs. (Applause, members and guests rising in ovation) We must guard against unfair rate increases, cancellations, and non-renewals for the working people of our state. We must work to enhance programs and implement controls that prevent fraud and abuse, and we must make West Virginia more marketable so that West Virginians will benefit from competition within the insurance market. Again, our objective is quite simply, fairness.
These eight goals are a great beginning in meeting my Open for Business commitments. So, let's get started.
What we do here during these next 60 days is so vitally important. Because it will set the stage for what happens in this state not only during the next year or four years, but, if all goes well, the next 20 years and beyond.
Mahatma Ghandi once said, "We must become the change we want to see."
Well, Mr. Speaker, Mr. President, we did just that during the special session. I have always said one person couldn't do it alone and a week and a half ago we gave West Virginia a glimpse of what is possible when we work together. We put our individual interests and party politics aside and did what was best for the future of our state, our children and our grandchildren. We weren't Democrats or Republicans, Conservative or Liberal, Business or Labor; we were West Virginians. (Applause, members and guests rising in ovation)
And now we have another opportunity to join together and show this state and this nation that West Virginia is serious about getting its house in order and becoming an economic force to be reckoned with. It's a truly wonderful day to be a proud West Virginian.
But I'm also putting everyone on notice that while I still plan to roam these great halls frequently during the next 60 days and play an active role in what occurs here, I'm also planning to take this show on the road. I said I wanted to be the state's Chief Salesperson and asked you to give me something to sell, and you did. Now it's my turn to follow through on my end of the deal.
Wherever there is one job on the verge of being lost, I will fight to save it.
Wherever there is one company looking to grow in West Virginia, I will fight to make that growth a reality.
As many of you are aware, there are power companies looking to build clean coal technology plants somewhere in the eastern part of the United States, and I will fight to make that expansion happen in West Virginia. (Applause, members and guests rising in ovation)
I can also assure you that as I stand here tonight, there are companies across this state reevaluating their commitment to West Virginia as a result of the unprecedented work done here during the special session. These may be companies that were laying off workers or on the verge of leaving our state completely, but now they're taking another hard look at our economy and the role they can play in it - and may even be considering an expansion of their own. I will fight to help those companies in any way possible.
Wherever there is a company across the country or around the world that is looking to expand somewhere new, I will fight to convince them to invest right here in West Virginia and bring their good-paying jobs with health care benefits with them. (Applause)
There will be very few wasted motions, and while West Virginia may be small size in size, our passion and determination to succeed will be larger than life. This is my pledge to you.
As I've said before, I want us all to have bragging rights. If the truth be told, I am waiting with anticipation to be able to come back here next year, because with your help I fully expect to be able to complete one more campaign goal - and that is to proudly report that signs have been erected as you enter our great state that say "Welcome to Wild, Wonderful West Virginia: Open for Business!"
Thank you, God bless you and God save the great State of West Virginia. (Applause, members and guests rising in ovation)
******************

At the conclusion of the address, His Excellency, the Governor, accompanied by the committee of escort, retired from the Hall of the House of Delegates.
The Doorkeeper escorted the invited guests from the Chamber.
The members of the Senate retired to their Chamber, and the Speaker declared the Joint Assembly dissolved.
The Speaker then called the House of Delegates to order and laid the following communication from His Excellency, the Governor, before the House:
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV

February 9, 2005

Executive Message No. 1
The Honorable Robert S. Kiss, Speaker
West Virginia House of Delegates
Charleston, West Virginia 25305
Dear Mr. Speaker:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2005.
Sincerely,
Joe Manchin, III,
Governor.
Whereupon,
In compliance with Subdivision (4), Subsection B, Section 51, Article VI of the Constitution, the Speaker introduced the following bill, which was read by its title and referred to the Committee on Finance:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2205 - "A Bill making appropriations of public money out of the Treasury in accordance with Section 51, Article VI of the Constitution."
Accompanying the Budget Bill was a document showing estimates of revenue, expenditures, etc., as required by Section 51, Article VI of the Constitution.
At 8:02 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Thursday, February 10, 2005.