__________*__________
Thursday, February 17, 2005
The House of Delegates met at 12:30 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, February 16, 2005, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
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 to extend privileges
of the floor to invited guests for presentations by the House.
Committee Reports
On motion for leave, a resolution was introduced (Originating in the Committee on Health
and Human Resources and reported with the recommendation that it be adopted), which was read
by its title, as follows:
By Delegates Perdue, Hatfield, Boggs, DeLong, Frederick, Hrutkay, Leach, Longstreth,
Marshall, Miley, Moore, Pino, Susman, Tucker, Webster, Ashley, Border, Hall, Lane,
Rowan, Schadler, Sumner and Wakim:
H. C. R. 13 -"Encouraging the Bureau for Public Health to develop a plan for identifying
chronic kidney disease in the early stages and evaluating and managing persons with chronic kidney
disease and to circulate to physicians and other health care providers the generally accepted standards
regarding clinical care for the early identification of chronic kidney disease and clinical management
of persons at the highest risk for the disease."
Whereas, Chronic kidney disease is a debilitating condition that affects one in nine, or 20
million Americans; and
Whereas, This disease progresses in five identifiable stages from minor or moderate loss
of kidney function to kidney failure where the body can no longer process certain toxins or properly
regulate blood pressure or critical nutrients; and
Whereas, In Stage Five of the disease, end-stage renal failure, the patient must undergo
dialysis several times a week or receive a kidney transplant; and
Whereas, According to the most recent report from the United States Renal Data System
Annual Report, diabetics suffer from chronic kidney disease at five times the overall rate of chronic
kidney disease in the United States; and
Whereas, Persons over age 65 develop advanced kidney failure at nearly three times the rate
of those younger than age 65; and
Whereas, Persons over age 65 make up approximately 15% of the population of West
Virginia, but 54% of those starting dialysis in 2003; and
Whereas, Individuals with diabetes account for 6.3% of the population, but 51% of new
dialysis patients; and
Whereas, Estimates indicate that approximately 60,000 West Virginians are likely to have moderate to severe kidney insufficiency; and
Whereas, Chronic kidney disease is projected to cost $20 billion for the national health care
system by the year 2010; and
Whereas, Following years of research, clinicians now have a simple and cost-effective
means of identification and diagnosis of chronic kidney disease in its early stages and its associated
morbidities, including cardiovascular disease; and
Whereas, Evidence-based clinical guidelines developed by scientists and experts in the field
of kidney disease and published in numerous peer-reviewed journals could save the lives of countless
West Virginians; and
Whereas, Identification of chronic kidney disease and treatment of the various associated
morbidities in their early stages will improve patient quality of life, delay the onset of end-stage renal
failure, and reduce health care expenditures; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature strongly encourage the Department of Health and Human Resources to
work collaboratively with health care providers and consumer advocates throughout the State of
West Virginia in the fight against chronic kidney disease; and, be it
Further Resolved, That the Legislature strongly encourage the Department of Health and
Human Resources to develop a plan for early identification, evaluation and management of patients
with chronic kidney disease; and, be it
Further Resolved, That the Legislature strongly encourage the Department of Health and
Human Resources to prepare information for physicians and other health care providers regarding
generally accepted guidelines of clinical care in the early identification and clinical management of individuals at the highest risk for chronic kidney disease; and, be it
Further Resolved, That a copy of this resolution be transmitted to the Secretary of Health and
Human Resources.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2177, Establishing a new license plate that designates city or municipal law-
enforcement departments,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2177 - "A Bill to amend and reenact §17A-3-23 of the Code of West
Virginia, 1931, as amended, relating to establishing a new license plate that designates city or
municipality law-enforcement departments; specifying the design and one time fee,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2177 ) to the
Committee on Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2177) will be placed on the
Consent Calendar.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the 2003-2004 annual report of the West Virginia
Department of Health and Human Resources, Department of Health Facility Licensure and
Certification, in accordance with section three-q, article five-c, chapter sixteen, and section four,
article five-e, chapter sixteen of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Division of
Juvenile Services Resources, in accordance with the provisions of the code; which was filed in the
Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Board of
Osteopathy, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2003-2004 annual report of the West Virginia
Department of Health and Human Resources, Oral Health Program, in accordance with section six,
article forty-one, chapter six of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the Local Government Services
Division of the West Virginia State Auditor's Office, in accordance with section, six, article thirteen-
a, chapter eleven of the code; which was filed in the Clerk's Office.
Resolutions Introduced
Delegates Caputo, Manchin, Fragale and Longstreth offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 10 - "Requesting the Division of Highways to name the new Watson Bridge over
the West Fork River on U.S. Route 250 in Fairmont, Marion County, West Virginia, the 'Watson
Senior Citizens Bridge in Honor of Jim Costello'."
Whereas, Jim Costello was born in Monongah, Marion County, June 26, 1923, one of seven children, the son of John Costello, a coal miner, and Amanda Dee Swisher Costello, a midwife, and
he passed away on June 7, 2002, leaving a wife, Evelyn Muto Costello, a daughter and son-in-law,
Diane and Marc Cervo, son and daughter-in-law, Pat and Jenni Costello, a sister, Margaret Biafore,
four grandchildren, Cara Hose and her husband, Steve Hose, Ryan, Brett and Jessica Costello; and
Whereas, Jim Costello served in the United States Navy during World War II and saw
action in the South Pacific Theater on a PT boat. He also worked as a coal miner and completed 35
years of service at the Owen-Illinois Glass Plant serving as president of Local Union No. 109; and
Whereas, Jim Costello served as a supervisor for the West Virginia Department of
Highways and during that time, he was instrumental in overseeing many projects for Marion County.
He oversaw the removal of the dangerous curve at Dakota and the replacement of the current Watson
Bridge structure in addition to many other highway projects; and
Whereas, Jim Costello was a strong Democrat and was involved with the Democratic Party
serving on the executive committee and as precinct captain. He was the Marion County coordinator
of several gubernatorial campaigns and was honored in 1997 as the Democrat of the year in Marion
County; and
Whereas, It is fitting that the Watson Bridge be named for this true West Virginian who
dedicated his life to improving Marion County and this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new Watson
Bridge over the West Fork River on U.S. Route 250 in Fairmont, Marion County, West Virginia, the
"Watson Senior Citizens Bridge in Honor of Jim Costello"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Watson Senior Citizens Bridge in Honor of Jim Costello"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this Resolution to the Secretary of the Department of Transportation and to the family of Jim
Costello.
Delegates Long, Spencer, Talbott, Hunt, Marshall, Overington and Rowan offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 11 - "Requesting that the Joint Committee on Government and Finance study how
strengthening families economically can help at-risk children and youth."
Whereas, Research has shown that children do better when their families do better; and
Whereas, Workforce development, family economic supports and community investment
help reduce risk factors faced by children and youth today; and
Whereas, Strategies exist to help families become self-sustaining; and
Whereas, The federal Earned Income Tax Credit for low-income wage earners provides
up to $4,300 per year for low-income families with a three-year look back period; and
Whereas, An estimated 46,000 West Virginians who were eligible did not claim the Earned
Income Tax Credit in 2002, resulting in over $77 million in federal dollars being unclaimed for that
year alone; and
Whereas, Families can use their Earned Income Tax Credit to save tax free for an education,
a down payment on a home or the start of a business; and
Whereas, Increasing participation in the federal Earned Income Tax Credit by low-income
West Virginians would provide a new source of revenue for the State without any additional cost and
pump needed dollars into the State's economy; and
Whereas, Business and community efforts to provide free tax assistance to low-income
West Virginians has been shown to increase participation in the federal Earned Income Tax Credit;
and
Whereas, Investing in the provision of free tax assistance, asset building programs and
financial literacy training could likely attract matching grants from major funders; and
Whereas, A small State investment in helping low-income West Virginians could result in
an economic windfall for the State; therefore, be it
Resolved by the Legislature of West Virginia:
The Joint Committee on Government and Finance is requested to study the impact that
providing financial support for family economic strengthening programs such as free tax assistance
has on at-risk families and children; and, be it
Further Resolved, That the Joint Committee on Government and Finance report on its
findings, conclusions and recommendations, together with drafts of any legislation necessary to
effectuate its recommendations, to the next regular session of the Legislature; and, be it
Further Resolved, That the expenses necessary to carry out its duties, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Caputo, Fragale, Longstreth, Manchin, Iaquinta, Miley and Cann offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 12 - "Honoring the contributions of the Civilian Conservation Corps in West
Virginia and designating March 31 each year as CCC Recognition Day."
Whereas, On March 31, 1933, President Franklin Roosevelt signed into law the authorization to form a Civilian Conservation Corps (CCC) to help alleviate the horrific
unemployment problems of the Great Depression, and this year marks the 72nd anniversary of the
CCC; and
Whereas, There were 67 CCC camps located in the State of West Virginia, and an estimated
55,000 men served in the West Virginia CCC camps; and
Whereas, The men of the CCC provided vital resource conservation and fire prevention in
our forests, planted millions of trees, built hundreds of miles of roads and dozens of bridges, built
flood control mechanisms and water conservation ponds, and built many of our state parks, lodges,
swimming pools and other recreational areas; and
Whereas, Many of the men learned job skills in the CCC that enabled them to be effective
components of the workforce upon completion of their CCC service, and many of the CCC men
went on to further distinguish themselves as brave soldiers during World War II; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby honors and acknowledges the contributions of the Civilian
Conservation Corps to the State of West Virginia - much of which exists still today for the welfare
and benefit of the citizens of this State; and, be it
Further Resolved, That the Legislature hereby designates March 31 of each year as CCC
Recognition Day; and, be it
Further Resolved, That the Clerk of the House of Delegates is directed to forward a copy of
this resolution to the West Virginia CCC Museum.
Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Argento, Armstead, Ashley,
Azinger, Barker, Beach, Boggs, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ennis, Evans, Fragale, Frederick, Frich, Hamilton,
Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Leggett,
Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan,
Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Romine, Rowan, Schadler,
Schoen, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman,
Swartzmiller, Tabb, Talbott, Tansill, Ron Thompson, Rick Thompson, Trump, Tucker, Varner,
Wakim, Walters, Webster, Wells, Williams, Wysong and Yost offered the following resolution:
H. R. 12 - "Encouraging the Ormet Corporation to enter into meaningful discussions to sell
the Ormet Reduction and Rolling Mill facilities to entities which will participate with the workers
of the facilities and the citizens of Wetzel, Marshall and Tyler counties as well as those of
southeastern Ohio to continue the operation of the facilities to the benefit of workers, retirees, local
businesses and the surrounding communities."
Whereas, The Ormet Reduction and Rolling Mill facilities in Hannibal, Ohio, have for over
a quarter century economically benefitted the citizens of Wetzel, Marshall and Tyler counties of
West Virginia; and
Whereas, The facilities' 1,300 employees and the surrounding communities in West
Virginia suffer the loss of income and tax revenue with the shutdown of the Ormet Reduction and
Rolling Mill facilities; and
Whereas, The workers of the Ormet Reduction and Rolling Mill facilities have been the
integral part in making Ormet Corporation a successful competitive company in the worldwide
aluminum business;
Whereas, The sanctity of retiree benefits have been a bedrock of American capitalism and the American social contract between business and labor for over a hundred years; and
Whereas, The sanctity of retiree benefits are now threatened by the bankruptcy of Ormet
Corporation; and
Whereas, Parties have shown an interest in purchasing the Ormet facilities at Hannibal,
Ohio and subsequently negotiating a fair and equitable agreement with the workers of the Ormet
facilities; therefore, be it
Resolved by the House of Delegates:
That the Ormet Corporation is encouraged to enter into meaningful discussions to sell the
Ormet Reduction and Rolling Mill facilities to entities which will participate with the workers of the
facilities and the citizens of Wetzel, Marshall and Tyler counties as well as those of southeastern
Ohio to continue the operation of the facilities to the benefit of workers, retirees, local businesses
and the surrounding communities; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
Mike Williams, Interim President and Chief Executive Officer of the Ormet Corporation, Suite 4000,
1233 Main Street, Wheeling, West Virginia 26003; and the Honorable Barbara J. Sellers, Judge,
United States Bankruptcy Court, Southern District of Ohio, 170 North High Street, Columbus, Ohio
43215.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 12) to committee was dispensed with and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, Delegate Pethtel demanded the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 30), and there were--yeas
92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Brown, Campbell, Ferrell, Hamilton, Marshall, Miley and
Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 12) adopted.
Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Argento, Armstead, Ashley,
Azinger, Barker, Beach, Boggs, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo,
Craig, Crozier, DeLong, Doyle, Duke, Eldridge, Ennis, Evans, Fragale, Frederick, Frich, Hamilton,
Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Leggett,
Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan,
Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Romine, Rowan, Schadler,
Schoen, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Susman, Swartzmiller,
Tabb, Talbott, Tansill, Ron Thompson, Rick Thompson, Trump, Tucker, Varner, Wakim, Walters,
Webster, Wells, Williams, Wysong and Yost offered the following resolution, which was read by
the Clerk:
H. R. 13 - "Recognizing the accomplishments of Mark Musick, President of the Southern
Regional Education Board, a distinguished American who is dedicated to educational excellence."
Whereas, Mark Musick is the son of the late Henry and Mary Foster Musick; and
Whereas, Mark Musick is a graduate of Gate City High School, Scott County, Va. He was
valedictorian of his class; and
Whereas, Mark Musick earned his undergraduate and graduate degrees in History from Virginia Polytechnic Institute and State University, where he was president of his graduating class
and "Man of the Year"; and
Whereas, Mark Musick came to the Southern Regional Education Board from Virginia, and
had served in the Virginia Governor's Office, the Virginia Board for Community Colleges and the
Virginia Council of Higher Education; and
Whereas, Mark Musick has been involved in the work of the Southern Regional Education
Board for more than two decades to improve quality in southern schools and colleges; and
Whereas, Before being selected Southern Regional Education Board president in 1989,
Mark Musick was vice president of the Board and worked primarily with southern state
legislators, governors and higher education boards; and
Whereas, Mark Musick has directed technology initiatives that have earned national
recognition for the Southern Regional Education Board, including the Educational Technology
Cooperative and the Electronic Campus, America's most successful distance learning marketplace.
The Southern Regional Education Board's Distance Learning Policy Laboratory has made the south
a leader in solving policy problems that limit the reach and success of distance learning; and
Whereas, In the 1980's, Mark Musick directed a project affiliated with the National
Assessment of Educational Progress that for the first time produced student achievement information
that could be legitimately compared from one state to another. The Southern Regional Education
Board project served as a model for the nationwide program that now involves all fifty states and is
a key education accountability provision of the "No Child Left Behind Act"; and
Whereas, Mark Musick is a charter member of the new board of ACT, Inc., which
administers more than 1.2 million collegiate admissions tests annually. He serves on the Executive Committee and chairs the Corporate Development Committee for ACT; and
Whereas, Three U.S. Secretaries of Education have appointed Mark Musick to chair the
Governing Board of the National Assessment of Educational Progress that directs the program
known as the Nation's Report Card; and
Whereas, Mark Musick has decide to retire in 2005 from his position as President of the
Southern Regional Education Board, leaving behind a lifetime of accomplishments designed to
enhance the quality of education in the United States; therefore, be it
Resolved by the House of Delegates:
That the House hereby acknowledges the dedication and commitment of Mark Musick to
educational excellence, not only in southern states, but across the country; and, be it
Further Resolved, That the House extends its sincere appreciation to him for his many
contributions and service as President of the Southern Regional Education Board. His Knowledge
and expertise, along with his leadership ability, has made a lasting impact on the further goals of the
Southern Regional Education Board; and, be it
Further Resolved, That the House expresses its best wishes to Mark Musick on the occasion
of his retirement as President of the Southern Regional Education Board, and wishes him well in all
future endeavors he may choose to undertake; and, be it
Further Resolved, that the Clerk is hereby directed to forward a copy of this resolution to
Mark Musick, President of the Southern Regional Education Board and distinguished American.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 13) to committee was dispensed with and it was taken up for immediate
consideration and adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Brown, Long, Palumbo, Butcher, Ellen, Varner and Doyle:
H. B. 2450 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-1-19, relating to a child's right to nurse"; to the Committee
on Health and Human Resources then the Judiciary.
By Delegate Fragale:
H. B. 2451 - "A Bill to amend and reenact §8-22-19 of the code of West Virginia, 1931, as
amended; and to amend and reenact §33-3-14d of said code, all relating to making additional funds
available for the fire and police pension system; making additional funds available for volunteer and
part volunteer fire departments"; to the Committee on Pensions and Retirement then Finance.
By Delegates
Thompson and Perdue:
H. B. 2452 - "A Bill to amend and reenact §8-6-5 of the Code of West Virginia, 1931, as
amended, relating to municipal boundary adjustments for municipalities located in more than one
county"; to the Committee on Political Subdivisions then Finance.
By Delegate Louisos:
H. B. 2453 - "A Bill to amend and reenact §11-21-12 of the code of West Virginia, 1931,
as amended, relating to exempting all monetary benefits derived from military retirement from
personal income tax obligations
"; to the Committee on Veterans Affairs and Homeland Security then
Finance.
By Delegate Walters:
H. B. 2454 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §22-27-1, §22-27-2, §22-27-3, §22-27-4 and §22-27-5, all relating
to establishing the performance based permitting act; setting criteria to be evaluated when applying
for a permit; and rewarding compliance with expedited permits"; to the Committee on Agriculture
and Natural Resources then the Judiciary.
By Delegate Hunt:
H. B. 2455 - "A Bill to amend and reenact §20-5-19 of the Code of West Virginia, 1931, as
amended, relating to state park campsite discounts for disabled persons; and providing the discount
be given year-round"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Morgan, Amores, Caputo, Webster, Armstead, Overington and Schadler:
H. B. 2456 - "A Bill to amend and reenact article 2, chapter 15 of the code of West Virginia,
1931, as amended, by adding a new section, designated section 24a, all relating to ratifying the
federal National Crime Prevention and Privacy Compact"; to the Committee on the Judiciary.
By Delegates Amores, Craig, Marshall, Browning, Morgan, Stalnaker and G. W
hite
:
H. B. 2457 - "A Bill to amend and reenact §8-22-20 of the code of West Virginia, 1931, as
amended, relating to limiting the basis for calculating the alternate method of annual contribution
required by municipalities into the Policemen's and Firemen's Pension and Relief Fund
"; to the
Committee on
Pensions and Retirement then Finance.
By Delegates
Stemple, Proudfoot, Varner and Pethtel:
H. B. 2458 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-1-3oo, relating to county commissions generally; and providing
for the removal of members of boards, authorities and commissions appointed by county commissions
"; to the Committee on
Political Subdivisions then the Judiciary.
By Delegates
Leach, Craig, Hrutkay, Varner and Morgan:
H. B. 2459 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5B-1B-1 and §5B-1B-2, all relating to establishing a permanent
statewide trail plan coordinator
"; to the Committee on
Government Organization.
By Delegate Hall:
H. B. 2460 - "A Bill to amend and reenact §11-15-9 of the code of West Virginia, 1931, as
amended, relating to exempting sales of funeral services, supplies and equipment from the
consumers sales tax"; to the Committee on Finance.
By Delegates Stemple and Williams:
H. B. 2461 - "A Bill to amend and reenact §18-4-11 of the Code of West Virginia, 1931, as
amended, relating to requiring county superintendents of schools to provide the names and mailing
addresses of dropouts to the State Superintendent of Schools and the Director of the Mountaineer
Challenge Academy"; to the Committee on Education then the Judiciary.
By Delegates Pino, Perry and Amores:
H. B. 2462 - "A Bill to amend and reenact §18B-12-10 of the Code of West Virginia, 1931,
as amended, relating to the assignment and transfer of real property for research and development
at institutions of higher education for economic development purposes; and providing that economic
development includes housing projects"; to the Committee on Education then the Judiciary.
By Delegates Caputo, Fragale, Manchin and Longstreth:
H. B. 2463 - "A Bill to amend and reenact §18-5-16 of the Code of West Virginia, 1931, as
amended, relating to allowing the State Superintendent of Schools to designate certain geographical areas as a 'School Choice Zone'"; to the Committee on Education then Finance.
By Delegates Poling and Stevens:
H. B. 2464 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931,
as amended, relating to changing the paygrade of 'sanitation plant operator' from 'f' to 'g'"; to the
Committee on Education then Finance.
By Delegates Williams, Beach, Wells, Eldridge, Perry and Paxton:
H. B. 2465 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-4-2b, relating to education; high quality educational
programs; professional personnel; national certification and comparable credential; standards; salary
supplement; expense reimbursement; limitations; rules; and report"; to the Committee on Education
then Finance.
By Delegates Spencer, Moore and Marshall:
H. B. 2466 - "A Bill to amend and reenact §18-5-32 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §18-14-1 of said code, all relating to education; eliminating
provisions that created unlawful classifications based on race; deleting an obsolete provision relating
to the cooperative extension service; and updating other obsolete provisions"; to the Committee on
Education then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Boggs, Canterbury, Stalnaker, Michael,
Campbell and Staton:
H. B. 2467 - "A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931,
as amended, relating to unemployment compensation generally and eliminating reductions in
unemployment compensation for persons receiving benefits under Title II of the Social Security Act"; to the Committee on the Judiciary.
By Delegates Overington, Ron Thompson, Susman, Sobonya, Sumner, Roberts and
Armstead:
H. B. 2468 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §60-7-4b; and to amend and reenact §60-7-5, all relating to
requiring a public hearing and county commission approval prior to the issuance of an initial license
for a private club or upon the transfer of a license to a private club at a new location"; to the
Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino, Leach and Michael:
H. B. 2469 - "A Bill to amend and reenact §25-1-3a of the Code of West Virginia, 1931, as
amended, relating to inmate accounts and property; and authorizing the warden of a correctional
facility to allow an inmate to withdraw money from the inmate's mandatory savings account for the
purpose of preparing the inmate for reentry into society"; to the Committee on the Judiciary.
By Delegate Webster:
H. B. 2470 - "A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and
§5-11-13 of the code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-
11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices; and
prohibiting discrimination based upon sexual orientation"; to the Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino, Leach and Michael:
H. B. 2471 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated section §25-1-3c, relating to inmate funds; establishing a financial
responsibility program for inmates; and requiring wardens to deduct a portion from inmate earnings to be used to satisfy child support payments and legitimate court-ordered financial obligations"; to
the Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino, Leach and Michael:
H. B. 2472 - "A Bill to amend and reenact §28-5-27 of the Code of West Virginia, 1931, as
amended, relating to good time for inmates of correctional institutions; providing that good time may
be credited presumptively at the beginning of an inmate?s sentence and that all of an inmate?s good
time is subject to forfeiture and revocation for violation of disciplinary rules; and providing credit
of good time for certain youthful offenders"; to the Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino and Leach:
H. B. 2473 - "A Bill to amend and reenact §62-12-10 of the Code of West Virginia, 1931,
as amended, relating to limiting the eligibility of a person for parole if the person has violated the
terms and conditions of probation or home incarceration"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 2474 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §39-1-2c, relating to preventing the recordation of fraudulent
deeds; duty of notification by the clerk of the county commission of each county; allowing collection
of a fee to cover costs"; to the Committee on the Judiciary.
By Delegates Caputo and Tucker:
H. B. 2475 - "A Bill to amend and reenact §22A-2-16 of the Code of West Virginia, 1931,
as amended, relating to requiring the superintendent or owner-operator of the mine to sign the fire
boss record book each day along with the mine foreman"; to the Committee on Industry and Labor,
Economic Development and Small Business then the Judiciary.
By Delegates Perry, Beach, Hartman, Pino and Leach:
H. B. 2476 - "A Bill to amend and reenact §62-12-19 of the Code of West Virginia, 1931,
as amended, relating generally to parole and parole proceedings; providing that certain persons who
have been released on parole three times and had their parole revoked are not eligible for further
release on parole; authorizing the Parole Board to hire hearing examiners; and authorizing the
Commissioner of the Division of Corrections to issue subpoenas for persons and records necessary
to prove a violation of the terms and conditions of a parolee's parole"; to the Committee on the
Judiciary.
By Delegates Hrutkay, Beane, Craig, Webster and Amores:
H. B. 2477 - "A Bill to amend and reenact §46A-2-136 of the Code of West Virginia, 1931,
as amended, relating to exemptions from execution or other judicial process in consumer credit
transaction or consumer leases"; to the Committee on the Judiciary.
Mr. Speaker, Mr. Kiss, and Delegates Craig, Amores, Kominar and Varner:
H. B. 2478 - "A Bill to amend and reenact §11-16-21 of the Code of West Virginia, 1931,
as amended, relating to removing the prohibition against brewers of nonintoxicating beer requiring
distributors to submit certain financial documents"; to the Committee on the Judiciary then Finance.
By Delegates Frich, Tansill, Canterbury, Stevens, Trump, Stemple and Howard:
H. B. 2479 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §61-7-6a, all relating
to dangerous weapons; deleting the current exception to the prohibition against carrying deadly
weapons for certain out-of-state residents licensed in other states that have reciprocity agreements
with this state; modifying the method of establishing reciprocity between states relative to handgun permits; and, imposing certain duties on the Office of the Attorney General designed to insure
compliance with the proposed legal requirements"; to the Committee on the Judiciary.
By Delegate Sobonya:
H. B. 2480 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-25-23a, relating to prohibiting account wagering and electronic
betting"; to the Committee on the Judiciary.
By Delegates Overington, Stemple, Pethtel, Long, Pino, Armstead and Howard:
H. B. 2481 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-6-17, relating to public buildings and encouraging public
officials to prominently display the national motto on all public property, public buildings and all
buildings designed, constructed and maintained with public funds from the State, a county or a
municipality"; to the Committee on the Judiciary.
By Delegate Pino:
H. B. 2482 - "A Bill to amend and reenact §62-8-1 of the Code of West Virginia, 1931, as
amended, relating to including jails within the context certain criminal acts by incarcerated persons;
providing a specific crime for setting fire to a correctional facility or jail; and including the Executive
Director of the Regional Jail and Correctional Facility Authority relative to the applicability of the
phrase 'a person imprisoned or otherwise in custody of' to the statutory provisions"; to the
Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino, Leach and Michael:
H. B. 2483 - "A Bill to repeal §28-5-26 of the Code of West Virginia, 1931, as amended,
relating to escape of convicts and rewards"; to the Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino, Leach and Michael:
H. B. 2484 - "A Bill to amend and reenact §62-12-23 of the Code of West Virginia, 1931,
as amended, relating to notification of parole hearings; victim's right to be heard; adding to the
crimes committed by an offender for which the preparation of a parole hearing notification form and
notification of release on parole is required"; to the Committee on the Judiciary.
By Delegates Ennis, Doyle, Mahan, Pethtel, Caputo and Miley:
H. B. 2485 - "A Bill to repeal §3-8-5c of the code of West Virginia, 1931, as amended; to
amend and reenact §3-8-1, §3-8-2, §3-8-4, §3-8-7, §3-8-8, and §3-8-12 of said code; and to amend
adding thereto a new sections, designated §3-8-1a and §3-8-2b, all relating to regulating elections;
requiring the disclosure of electioneering communications; prohibiting corporate disbursements for
electioneering communications; and limitations on contributions to political action committees and
political organizations"; to the Committee on the Judiciary.
By Delegates Ennis, Doyle, Lane, Caputo, Amores and Miley:
H. B. 2486 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7,
§3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17,
§3-12-18, §3-12-19, §3-12-20, and §3-12-21, relating generally to providing a pilot project for the
public funding of election campaigns for two senate districts and three single member delegate
districts; setting forth as short title and certain legislative findings and declarations; defining terms;
specifying that the provisions of the act are applicable to candidates for seats in the Legislature,
specifically two senate districts and three single member delegate districts; establishing a public
campaign financing fund and sources of revenue for the fund; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which
application for funding may be made; setting forth eligibility criteria for qualifying party and
independent candidates; allowing participating candidates to raise from private sources and spend
seed money contributions; requiring candidates seeking public campaign funds to collect a required
number of qualifying contributions; requiring participating candidates to comply with all provisions
of the act; requiring the State Election Commission to certify eligible candidates and setting forth
the procedure for certification; providing that qualified candidates shall receive funding for election
campaigns from the public campaign financing fund; specifying the amount of funds available for
each office and when such funds become available; setting forth restrictions on participating
candidates' contributions and spending; prohibiting participating candidates from accepting private
contributions other than as specifically set forth in the act; prohibiting the use of personal funds for
certain purposes; requiring certain disclosures; setting forth provisions in the event of insufficient
public funds; requiring candidates to keep records and report to the State Election Commission;
providing for matching public campaign funds when an opponent spends in excess of the
participating candidate's spending limits; setting forth certain duties of the State Election
Commission; providing for the deposit of certain revenue into the fund; requiring repayment of
excessive expenditures by candidates; providing both civil and criminal penalties for violations of
the act; establishing the West Virginia Citizens' Publicly Financed Elections Commission and setting
forth it's duties; and setting forth an effective date and termination of the pilot project"; to the
Committee on the Judiciary.
Consent Calendar
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2328, Giving precedential application to written advisory opinions issued by the ethics
commission's committee on open governmental meetings,
And,
H. B. 2449, Continuation of the West Virginia Board of Manufactured Housing Construction
and Safety.
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed
with him for the removal of bills from the Consent Calendar to the House Calendar:
H. B. 2449, on 2nd reading, Consent Calendar, to the House Calendar, by Delegate Staton.
House Calendar
Unfinished Business
Com. Sub. for H. R. 7, Amending Rule 104 of the Rules of the House of Delegates,
providing that failure of the Clerk to timely provide a printed or reproduced bill or lack thereof in
electronic format for the Chamber Automation System shall not be cause for delaying action on a
bill; coming up in regular, as unfinished business, was, on motion of Delegate Staton, laid upon the
table.
Second Reading
H. B. 2286, Relating to the sounding of Taps at veteran's honors funerals; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were read a first time and ordered to second reading.
Com. Sub. for H. B. 2285, Provide procedure for payment of the veterans bonus to veterans
of the Kosovo, Afghanistan, and Iraq conflicts,
And,
H. B. 2333, Establishing a program to encourage voluntary reclamation of lands adversely
affected by mining activities.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Brown, Campbell, Ferrell, Hamilton, Miley and Schoen.
At 1:14 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00
a.m., Friday, February 18, 2005.