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Tuesday, March 1, 2005



The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 28, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. R. 15, Amending House Rule No. 94 relating to joint sponsors of a bill,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. R. 15 - "Amending House Rule 94 relating to joint sponsors of a bill,"
With the recommendation that the committee substitute be adopted.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. R. 16, Amending the rules of the House of Delegates, relating to compelling a standing committee to take up and report out a bill,
And,
H. R. 17, Amending the Rules of the House of Delegates, relating to agreeing to Senate Amendments,
And reports the same back with the recommendation that they each be rejected.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Michael, Doyle, Leach, Kominar, Boggs, Stalnaker and Hall:
H. B. 2823 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2005, organization 0803, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand five."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 2823) was taken up for immediate consideration, read a first time and ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2482, Relating to including jails within the context of certain criminal acts by incarcerated persons,
H. B. 2483, Repeal the section of the West Virginia Code relating to escape of convicts and rewards,
And,
H. B. 2495, Repeal the requirement that jails be inspected by appointees of the Circuit Courts,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 2482, H. B. 2483 and H. B 2495) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2471, Establishing a financial responsibility program for inmates,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for 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; requiring wardens to deduct a portion from inmate earnings to be used to satisfy child support payments and legitimate court-ordered financial obligations; providing for administrative fees; and requiring the Division of Corrections to develop policies and procedures for the administration of the program and the maintenance of records",
And,
H. B. 2476, Relating generally to parole and parole proceedings,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for 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; 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",
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2471 and Com Sub. for H. B. 2476) will be placed on the Consent Calendar.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 49 - "A Bill to repeal §7-8-3 of the Code of West Virginia, 1931, as amended, relating to inspection of jails"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com Sub. for S. B. 94 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to the school calendar; and providing additional flexibility for instructional support and enhancement days"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 104 - "A Bill to repeal §17-15-3 of the Code of West Virginia, 1931, as amended, relating to working prisoners by county commissions"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 162
- "A Bill to amend and reenact §5E-1-8 of the Code of West Virginia, 1931, as amended, relating to modifying the time period in which the authority may allocate tax credits available under the Capital Company Act during the fiscal year beginning on the first day of July, two thousand four"; which was referred to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 183 - "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"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 184 - "A Bill to repeal §28-5-26 of the Code of West Virginia, 1931, as amended, relating to escape of convicts and rewards"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 229 - "A Bill to repeal §31A-2-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31C-1-7 of said code, relating to reports of financial institutions to the Division of Banking; removing the annual deposit and loan reporting requirement for banking institutions; and modifying the annual deposit and loan reporting requirement and its submission date for credit unions"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 248 - "A Bill to amend and reenact §18-2J-6 of the Code of West Virginia, 1931, as amended, relating to the requirement that technology expenditures be made in accordance with the Education Technology Strategic Plan"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of
Com Sub. for S. B. 261, Providing for special election proposing amendment to Constitution designated Pension Bond Amendment.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 269 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2005, organization 0803, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand five."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 269) to a committee was dispensed with, taken up for immediate consideration, read a first time and ordered to second reading.

Resolutions Introduced

Delegates Armstead (By Request), Walters and Lane offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 20 - "Requesting the Commissioner of the Division of Highways to name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the 'Shaffer Bridge'."
Whereas, For approximately 70 years, members of the Shaffer family lived in the house which was taken by construction of the new bridge; and
Whereas, For approximately 100 years, three generations of the Shaffer family have owned the property adjoining the new bridge; and
Whereas, The late James and Ella Shafer first settled on this property in the early 1900's, farming the land and raising five siblings; and
Whereas, James and Ella's son, the late Starling Shaffer (who changed the spelling of his last name,) and his wife Irene, assumed ownership of the property in 1959 after James' death and continued to live on the land and farm it until Starling's death; and
Whereas, Starling's sons, Bob and Larry Shaffer, assumed ownership of the property after their father's passing in 1996 and both brothers have continued to maintain the land, and Larry and his wife, Betty, have continued to reside on the land; and
Whereas, The Shaffer family's century of dedicated and loving stewardship of this land should not go unnoticed and, indeed, should be commended; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the "Shaffer Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge as the "Shaffer Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this Resolution to the Commissioner of the Division of Highways and to Bob and Larry Shaffer.
Delegates Williams, Perry, Beach, Paxton and Hartman offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 21 - "Requesting the Department of Education to create a position in the Department to coordinate, oversee and advocate for public school libraries."
Whereas, Public school libraries can fulfill an important role in teaching students, supporting curriculum delivery and providing resources for staff development; and
Whereas, Public school libraries, when adequately funded and staffed with professionally trained and credentialed library media specialists, have shown their value in improving student performance; and
Whereas, There is no person responsible for ensuring that the valuable role of public school libraries is appropriately represented in state level policy formation and program development for improving education in the public schools; therefore, be it
Resolved by the Legislature of West Virginia:
That the Department of Education is hereby requested to create a position in the Department to coordinate, oversee and advocate for public school libraries.
Delegates Manchin, Caputo and Longstreth offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 22 - "Requesting the Division of Highways to name the new bridge, on State Route 73 south of Fairmont and just north of Boothsville in Marion County, the 'Andrew G. and Carmen L. Hauge Bridge'."
Whereas, In 1918, at one year of age, Andrew G. Hauge came to Fairmont, West Virginia with his parents who started a business that through hard work held together during the depression. Just prior to the great depression, his parents purchased property on Route 73 from the C. H. Jenkins Coal Company. When his father passed away while Andrew G. Hauge was a young man, his mother ran the business out of a building along Fairmont Avenue which even today contains the Hauge's name on its stained glass front windows; and
Whereas, Andrew G. Hauge graduated from Ohio State University, obtained his pilots license and in 1941 enlisted in the United States Air Force serving in the 51st fighter squadron in India. While there, he met and eventually married a nurse named "Petty," who was serving in the 20th General Hospital after having worked as a scrub nurse in the operating room of the Mayo Clinic. After the war, Lt. Col. Andrew G. Hauge and Carmen L. Hauge returned to Fairmont to the property along Route 73. They raised twin sons, Allen "Fritz" Hauge and David "Haunz" Hauge. Both sons attended Wooster College. Allen became an international consultant and David, who also attended the West Virginia University School of Medicine, became a neurosurgeon; and
Whereas, In 1958, Andrew G. Hauge led the effort to establish the Tri-County Water Association to help provide clean water to the residents along Route 73. He served as a member and president of the Marion County School Board. He also led an effort to form the Grant Public Service District to provide a sewage system for Boothsville and the surrounding area; and
Whereas, Andrew G. and Carmen L. Hauge have been members of the Grace Lutheran Church in Fairmont and spent much of their lives operating Hauge's florist and greenhouse in Fairmont and on Route 73 south of Fairmont; and
Whereas, Andrew G. and Carmen L. Hauge have given of themselves to their country, this state, Marion County and especially Fairmont and they have persevered through hard work and strength of character through the years, setting an example of the highest ideals of family and service to their community and their country for all West Virginians to appreciate; and
Whereas, It is fitting and just that this bridge beside their homeplace be named for these true West Virginians who have served this country in time of war, contributed to their community in good times and bad times, and have gained the love and respect of all who know them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new bridge, on State Route 73 south of Fairmont and just north of Boothsville in Marion County, the "Andrew G. and Carmen L. Hauge Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Andrew G. and Carmen L. Hauge Bridge"; 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 Andrew G. and Carmen L. Hauge.
Delegates Stemple and Varner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 23 - "Requesting the Division of Highways to rename State Route 16/46 in Calhoun County, the 'Alan B. Mollohan Road'."
Whereas, The Calhoun County Board of Education is exceedingly grateful to Congressman Alan B. Mollohan for his efforts in the United States Congress and elsewhere that have led to increased funding and financial assistance for the Calhoun County School System; and
Whereas, State Route 16/46 runs by and adjacent to the Calhoun County Middle and High Schools, and it is befitting that this road be renamed for Congressman Mollohan to express the great appreciation and gratitude that the Calhoun County Board of Education has developed, as the result of the many tangible improvements to school facilities and school employee morale which have flowed from Congressman Mollohan's efforts to provide funding; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to design, fabricate and place a sign at each end of State Route 16/46 in Calhoun County, designating this stretch of that road the "Alan B. Mollohan Road"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this Resolution to Congressman Alan B. Mollohan.
Mr. Speaker, Mr. Kiss, and Delegates Caputo, Amores, Argento, Barker, Beach, Beane, Boggs, Brown, Browning, Butcher, Campbell, Cann, DeLong, Doyle, Eldridge, Fragale, Hatfield, Hrutkay, Iaquinta, Kominar, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Spencer, Stalnaker, Staton, Stemple, Stephens, Susman, Swartzmiller, Talbott, Tansill, Rick Thompson, Tucker, Varner, Webster, H. K. White, Wysong, and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 18 -- "Calling on the Congress of the United States to reject plans to privatize Social Security by cutting Social Security's guaranteed benefits and diverting money out of Social Security into private investment accounts and, further, calling on Congress to commit to repaying to the Social Security Trust Fund the moneys it has taken and spent for other purposes.
Whereas, Social Security's income protections-guaranteed, lifelong benefits, cost-of-living adjustments to guard against inflation, increased benefits for families, greater income replacement for low-income workers, and disability and survivor benefits are the backbone of retirement security and family protection in the United States; and
Whereas, Social Security provides crucial, often indispensable income protection for the 47 million individuals-one of every six Americans-receiving benefits; and
Whereas, Social Security is the nation's most successful and most important family income protection program, but it has long-term funding needs we should address; and
Whereas, Some policymakers propose to address these needs by cutting guaranteed benefits and privatizing Social Security, that is, diverting a third or more of workers' payroll tax contributions out of the Social Security Trust Fund and into private investment accounts; and
Whereas, Privatization will worsen Social Security's funding needs by draining resources from the Trust Fund into private accounts, increasing the federal deficit by $2 trillion over the first decade alone and more in the future and putting us in deeper hock to foreign creditors; and
Whereas, Some officials and members of Congress have suggested the federal government will not pay back the money it has taken from the Social Security Trust Fund over the past twenty years and used for other things, thereby denying working families the money they paid into Social Security and leading to further benefit cuts; and
Whereas, Privatizing Social Security will cut guaranteed benefits by thirty percent for young workers, even for those who do not participate in private accounts, costing them $152,000 over their retirements, denying them benefits they have earned and imperiling their economic security; and
Whereas, Cutting guaranteed benefits will hurt the elderly because Social Security is the only secure source of retirement income for most Americans, providing at least half the income of nearly two thirds of older American households and lifting more than 11 million seniors out of poverty; and
Whereas, Cutting guaranteed benefits will hurt women and people of color, as they are more likely than white men to rely on Social Security for most of their retirement income, they earn less than white men and are thus less able to save for retirement, and they are less likely than white men to receive job-based pensions in retirement; and
Whereas, Diverting resources from Social Security to fund private accounts will threaten guaranteed survivor and disability benefits, thus harming working families particularly African-Americans, as roughly one in five workers dies before retiring and nearly three in ten become too disabled to work before reaching retirement age; and
Whereas, Privatizing Social Security will burden state and local governments, as cuts in guaranteed benefits will increase demands for public assistance at the very moment growth in the federal deficit, due to privatization, induces the federal government to shift greater responsibilities onto states and localities; and
Whereas, Congress should not rush through drastic and damaging changes in Social Security that undermine its family income protections but instead, should take the time needed to develop careful and thoughtful reforms that address Social Security's funding needs without slashing benefits or exploding the deficit;
therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby calls on the Congress of the United States to: (1) First commit to paying back to the Social Security Trust Fund all of the money it borrowed and spent on other things; (2) carefully study a variety of potential changes that will address Social Security's problems while ensuring the program will continue to meet its purpose of providing income protection and economic security for America's families; (3) ensure that any changes adopted by Congress must strengthen Social Security's family income protections without slashing guaranteed benefits or exploding the deficit; and, (4) reject proposals to divert money out of Social Security to fund private accounts; 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 Clerk of the United States House of Representatives, the Clerk of the United States Senate and to West Virginia's representatives in the Congress of the United States.
Delegate Rick Thompson offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 19 - "Amending House Rule No. 125, relating to House concurrence on Senate Amendments to House bills."
Resolved by the House of Delegates:
That House Rule No. 125 be amended to read as follows:
Amendments to Senate Bills
125. Any Senate bill or resolution may be amended in the same manner as a House bill or resolution. If a Senate bill or resolution is amended, the same shall be noted by the Clerk on the Jacket containing same before it is reported to the Senate.
After the reading of a Senate amendment to a House bill or resolution, the question shall be, "Will the House concur in the Senate Amendment?" But it shall be in order to move that the House concur in the Senate amendment with an amendment solely to correct deficiencies of a purely technical nature, such as misspellings and not in the form of a strike and insert amendment for the entire Senate amendment; or that the House refuse to concur and ask the Senate to recede.
If the Senate shall refuse to concur in a House amendment to a Senate bill or resolution, the following motions shall be in order and shall be privileged in the order named: First, That the House recede; Second, That the House insist and ask for a committee of conference; Third, That the House adhere.
Mr. Speaker, Mr. Kiss, and Delegates Hamilton, Ellem, Brown, Poling, Amores, Anderson, Argento, Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ennis, Evans, Ferrell, Fragale, Frederick, Frich, Hall, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Leach, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Proudfoot, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wakim, Walters, Webster, Wells, Gil White, H. White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 20 - "Urging the members of the United States Congress to take steps to prohibit companies that file bankruptcy from voiding pension obligations to employees and retirees."
Whereas, A federal agency was created in 1974 to provide timely and uninterrupted payment of pension benefits; and
Whereas, The Pension Benefit Guaranty Corporation collects insurance premiums from employers that sponsor insured pension plans; and
Whereas, The Pension Benefit Guaranty Corporation guarantees basic pension benefits earned by 44.4 million American workers and retirees; and
Whereas, The Pension Benefit Guaranty Corporation had a surplus of 9.7 billion dollars in 2000; and
Whereas, The current bankruptcies in the steel, airline and coal industries have resulted in millions of workers losing some or all of their pensions; and
Whereas, The Pension Guaranty Corporation now faces a deficit of more than 23 billion dollars; therefore, be it
Resolved by the House of Delegates:
That the Congress is urged to take steps to stop companies that file bankruptcy from voiding pension obligations; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to each member of the United States Congress.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Perdue, Spencer, Browning, Hunt, Wells and Hatfield:
H. B. 2765 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-33A-1, §16-33A-2 and §16-33A-3, all relating to creating a program to increase awareness of colon cancer and to increase participation in colon cancer screening and diagnostics designed to detect colon cancer; providing for a board working in collaboration with the Bureau for Public Health to administer a program designed to promote colon cancer awareness and related topics; providing funding to be used to promote colon cancer awareness; and, providing a voluntary check-off option for taxpayers to donate some or all of any tax refund they may be due to the program"; to the Committee on the Judiciary.
By Delegates Webster, Perdue, Williams, Wysong, Schoen, Carmichael and Susman:
H. B. 2766 - "A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as amended, relating to the expansion of newborn testing to include sickle cell anemia"; to the Committee on Health and Human Resources then Finance.
By Delegates Schoen, Boggs and Blair:
H. B. 2767 - "A Bill to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931, as amended, relating to prohibiting abortions at state college or university medical facilities, except when the abortion is necessary to save the life of the woman receiving the abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Eldridge, Beane, Barker, Webster, Hrutkay, Pino and Hall:
H. B. 2768 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1, §16-42-2 and §16-42-3, all relating to establishing a system whereby pharmacies share information so that they may be alerted when an individual is attempting to go to multiple pharmacies with prescriptions from multiple doctors to obtain drugs for resale"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hunt and Louisos:
H. B. 2769 - "A Bill to amend and reenact §38-9-3 of the Code of West Virginia, 1931, as amended, relating to homestead exemptions; clarifying provisions establishing a limited exemption from attachment for debts for hospital or medical expenses incurred from a catastrophic illness or injury; providing technical revisions; increasing the exemption; removing requirement for the promulgation of legislative rules; and providing for liberal construction in favor of debtors"; to the Committee on the Judiciary.
By Delegates Hunt, Louisos and Wells:
H. B. 2770 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11-18a, relating to enhancement of penalties for crimes against the elderly"; to the Committee on the Judiciary.
By Delegates Caputo, Manchin and Longstreth:
H. B. 2771 - "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to increasing the fine for a first offense misdemeanor conviction of illegally parking in an accessible parking space"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Hunt:
H. B. 2772 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §39A-2-10a, relating to requiring commercial entities who maintain databases containing resident individuals' personal information, to notify a resident individual, in writing, whenever the individual's personal information has been compromised by unauthorized disclosure; and defining personal information"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 2773 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-2-18a, relating to providing that the applicable statute of limitations is tolled as to all potential third-party defendants after an initial tortfeasor is sued "; to the Committee on the Judiciary.
By Delegates Craig, Stephens, Morgan, Amores and Leach:
H. B. 2774 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5, §17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9, §17C-5C-10, §17C-5C-11, §17C-5C-12, §17C-5C-13, §17C-5C-14, §17C-5C-15, §17C-5C-16, §17C-5C-17, §17C-5C-18 and §17C-5C-19, all relating to creating one or more pilot programs establishing a court referral officer program to promote the screening, evaluation, education, treatment and rehabilitation of persons who are repeat offenders or serious offenders under provisions relating to driving under the influence of alcohol, controlled substances or drugs"; to the Committee on the Judiciary.
By Delegates Amores and Craig:
H. B. 2775 - "A Bill to amend and reenact §56-6-31 of the Code of West Virginia, 1931, as amended, relating to the rate of interest allowed for prejudgment and post-judgment interest"; to the Committee on the Judiciary.
By Delegates Trump, Schoen, Lane, Carmichael, Doyle, Hall and Stalnaker:
H. B. 2776 - "A Bill to amend and reenact §3-1-16 of the code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11 and §3-4A-11a of said code; to amend said code by adding thereto a new section, designated §3-5-6a; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; and to amend said code by adding thereto a new section, designated §3-6-2a, all relating to the nonpartisan election of justices of the Supreme Court of Appeals; timing and frequency of election; ballot design and printing; separation from partisan ballot; nonpartisan election of justices; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content and form"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Boggs:
H. B. 2777 - "A Bill to amend and reenact §18B-13-4 of the code of West Virginia, 1931, as amended, relating to technical changes concerning the High-Tech research zones, parks and technology centers and tax incentives relating thereto"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Paxton, Schoen, Hall and Martin:
H. B. 2778 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to providing a mandatory sentence of fifteen years for any person who maliciously shoots a police officer on duty; and providing a mandatory sentence of ten years for any person who unlawfully, but not maliciously, shoots a police officer on duty"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 2779 - "A Bill to amend and reenact §12-4-14 of the Code of West Virginia, 1931, as amended, relating to persons who receive state funds or grants; and requiring audits of the funds or grants"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Rick Thompson, Ellem, Hamilton, Walters, Campbell and Tabb:
H. B. 2780 - "A Bill to amend and reenact §29-22A-10 of the Code of West Virginia, 1931, as amended, relating to increasing the allocation of racetrack video lottery net terminal income to be used for payment into the pension plan for employees of the Licensed Racing Association"; to the Committee on the Judiciary then Finance.
By Delegates Wysong, Tansill, Tabb and Doyle:
H. B. 2781 - "A Bill to amend and reenact §8-6-1, §8-6-4 and §8-6-5 of the Code of West Virginia, 1931, as amended, all relating to annexation of unincorporated territory; establishing a minimum of one hundred fifty feet of contiguity for annexation by minor boundary adjustment; requiring a minimum of forty persons to petition for annexation without election; and allowing any freeholder who owns twenty-five acres or more to opt out of any annexation"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Beach, Perry, Marshall and Houston:
H. B. 2782 - "A Bill to amend and reenact §8-21-3 of the Code of West Virginia, 1931, as amended, relating to municipalities generally; and increasing the number of members a municipality may appoint to a board of park and recreation commission from not less than three to not more than seven"; to the Committee on Political Subdivisions then Government Organization.
By Mr. Speaker, Mr. Kiss:
H. B. 2783 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-10B-10, relating to vocational rehabilitation facilities; authorizing rental of vocational rehabilitation facilities by school groups or other youth or civic organizations; and providing that rental revenue be used to defray the cost, maintenance and replacement of recreational equipment and facilities"; to the Committee on Education then Finance.
By Delegates Perry, Pino, Williams, Cann and Poling:
H. B. 2784 - "
A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to allowing comparable credit at trade or vocational schools approved by the State Board to count towards service personnel pay rates"; to the Committee on Education then Finance.
By Delegates Armstead, Lane and Blair:
H. B. 2785 - "A Bill to amend and reenact §17-3-6 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Highways to grant priority to roadway construction, reconstruction and maintenance for roadways prone to recurring floods that hinder ingress and egress to and from residential areas, schools and downtown districts, and that hinder access by emergency response vehicles"; to the Committee on Roads and Transportation then Finance.
By Delegates Marshall, Schadler, Houston and Beach:
H. B. 2786 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §64-6-3, relating to amending the Fire Commission rule adopting the State Fire Code; and limiting the exemption given to buildings used wholly as dwelling houses for no more than two families to those buildings only when owner-occupied"; to the Committee on Government Organization then the Judiciary.
By Delegates Ron Thompson, H. White, Perry, Hrutkay, Carmichael and Canterbury:
H. B. 2787 - "A Bill to repeal §31A-2-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31C-1-7 of said code, all relating to reports of financial institutions to the Division of Banking; removing the annual deposit and loan reporting requirement for banking institutions; and modifying the annual deposit and loan reporting requirement and its submission date for credit unions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Armstead and Lane:
H. B. 2788 - "A Bill to amend and reenact §29-22-18a of the Code of West Virginia, 1931, as amended, relating to directing any unallocated funds from the sale of bonds to be distributed equally between the Economic Development Project Bridge Loan Fund, the West Virginia Infrastructure Fund for water and sewer improvements, and the Disaster Recovery Fund for providing grants to businesses damaged or destroyed by floods; and to authorize the economic development authority to create, maintain and appropriate, subject to legislative approval, funds from this special grant fund, known as the 'Disaster Recovery Fund'"; to the Committee on Finance.
By Delegates Ron Thompson, H. White, Perry, Hrutkay, Iaquinta, Carmichael and Canterbury:

H. B. 2789 - "A Bill to amend and reenact §31A-8A-8 of the Code of West Virginia, 1931, as amended, relating to the assessment date for bank holding companies"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates DeLong, Amores and Michael:
H. B. 2790
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-23, relating to liability of physicians who render services to youth camps and programs; limiting liability; and providing exceptions"; to the Committee on the Judiciary.
By Delegates Beach, Stemple, Williams and Tabb:
H. B. 2791 - "A Bill to amend and reenact §61-3B-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-3B-6, all relating to trespass generally; providing for use of blaze orange paint posting marker; and providing a penalty for illegal posting of the land of another person"; to the Committee on the Judiciary.
By Delegates Overington, Trump, Lane, Sumner, Hamilton, Hall and Blair:
H. B. 2792 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §1-2-2a, relating to requiring that the redistricting office of the Joint Committee on Government and Finance plan and propose congressional and legislative districts; providing specific criteria that the redistricting office must observe in proposing district mappings; requiring the redistricting office to advertise a proposed draft map of districts to the public; requiring the redistricting office to recommend redistricting plan to the Legislature; requiring the full Legislature to vote on plan ratification; providing for subsequent submissions of plans and vote by Legislature; requiring that commission certify to the Secretary of State that its final proposal for district boundaries is in accordance with constitutional and legal requirements; and prohibiting certain persons from influencing or attempting to influence district mapping proposals of the redistricting office"; to the Committee on the Judiciary.
By Delegates Ron Thompson and Perry:
H. B. 2793 - "A Bill to amend and reenact §31C-4-1 of the Code of West Virginia, 1931, as amended, relating to adding certain stated geographical areas as one of the several groups to which members must belong"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Longstreth, Caputo and Manchin:
H. B. 2794 - "A Bill to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to raising the minimum wage; and to provide that if the federal minimum wage rate increases, then state minimum wage rate shall increase to equal the federal minimum wage rate"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Perry, Pino, Beach, Wells and Williams:
H. B. 2795 - "A Bill to amend and reenact §18B-1B-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-2-9 of said code; and to amend and reenact §18B-2A-1 of said code, all relating generally to the consolidation of administrative, information, technological, financial and operating systems and functions of West Virginia University Institute of Technology with and into such systems and functions of West Virginia University; providing that the President of West Virginia University Institute of Technology shall report to the President of West Virginia University, or otherwise as the board of governors of West Virginia University directs; authorizing the board of governors of West Virginia University to combine and consolidate the administrative, information, technological, financial and operating systems and functions of West Virginia University Institute of Technology with and into such systems and functions of West Virginia University; providing that the auxiliary enterprises of West Virginia University Institute of Technology shall be incorporated into the West Virginia University Auxiliary Enterprise System; and providing that two members of the board of advisers for West Virginia University Institute of Technology be placed on the board of governors at West Virginia University"; to the Committee on Education then Finance.
By Delegates Susman, Mahan, Poling, Pino, Staton, Manchin and Hrutkay:
H. B. 2796 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8A-4-2a, relating to controlling post-construction storm water runoff from subdivisions and developments"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Perry, Staton, Stemple, Varner and Martin:
H. B. 2797 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §5-5-2a relating to retention salary increases for Division of Corrections and Division of Juvenile Services employees based on years of service"; to the Committee on Finance.
By Delegates Boggs, Craig, Browning, Amores, Varner, Cann and Ashley:
H. B. 2798 - "A Bill to amend and reenact §61-3-49 of the code of West Virginia, 1931, as amended, relating to establishing the crime of purchasing scrap railroad steel without making a record of such purchase; and setting forth a penalty"; to the Committee on the Judiciary.
By Delegates Amores, Webster and Howard:
H. B. 2799 - "A Bill to amend and reenact §11-16-18 of the code of West Virginia, 1931, as amended; to amend and reenact §17C-5-2; to amend said code by adding thereto a new section, designated §60-2-23; to amend and reenact §60-3-22; to amend and reenact §60-3A-25; to amend and reenact §60-7-12; and to amend and reenact §60-8-20 of said code, all relating to the issuance of orders of interdiction prohibiting the sale of alcoholic liquors, non-intoxicating beer and wine to persons convicted of driving under the influence of alcohol, controlled substances or drugs; procedure for the issuance of orders of interdiction; unlawful violations of orders of interdiction; and defenses"; to the Committee on the Judiciary.
By Delegates Trump, Blair, Duke, Roberts, Overington, Doyle and Wysong:
H. B. 2800 - "A Bill to amend and reenact §18-9A-12 of the code of West Virginia, 1931, as amended; and to amend said code, by adding thereto a new section, designated §18-9A-12a, all relating to providing a procedure for projecting student enrollment in growth counties"; to the Committee on Education then Judiciary.
By Delegates Tabb, Paxton, Wysong, Williams, Doyle, Campbell and Michael:
H. B. 2801 - "A Bill to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-2, §18-9A-7, §18-9A-9, §18-9A-10, §18-9A-12 and §18-9A-15 of said code, all relating to removing the delay in school aid formula funding for increased student enrollment; providing the use of projected net and adjusted enrollments for State aid calculations when the projections are greater than the second month of the prior year data; defining terms; aligning other affected code provisions; updating provisions and removing obsolete language; changing calculation of reimbursement for replacement of buses with certain mileage; and advancing date for certain report by Tax Commissioner"; to the Committee on Education then Finance.
By Delegate Boggs:
H. B. 2802 -
"A Bill to amend and reenact §8-11-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §17E-1-2, §17E-1-3; §17E-1-5, §17E-1-6, §17E-1-7, §17E-1-8, §17E-1-9, §17E-1-10, §17E-1-11, §17E-1-12, §17E-1-13, §17E-1-14, §17E-1-15, §17E-1-16, §17E- 1-17, §17E-1-23 and §17E-1-24 of said code, all relating to updating provisions pertaining to commercial driver's licenses to conform with federal law"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Williams, Caputo, Stephens and Paxton:
H. B. 2803 - "A Bill to amend and reenact §18A-2-9 of the Code of West Virginia, 1931, as amended, relating to the hiring of assistant principals and the minimum employment terms for principals, assistant principals and secretaries"; to the Committee on Education then Finance.
By Delegates Susman, Leach, Campbell, Michael, Boggs, Mahan and Hatfield: H. B. 2804 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to requiring county boards of education to employ one school nurse for every one thousand five hundred pupils based upon net enrollment in all grades"; to the Committee on Education then Finance.
By Delegates Caputo, Paxton, Perry, Stephens, Fragale and Poling:
H. B. 2805 - "A Bill to amend and reenact §18A-4-8g of the Code of West Virginia, 1931, as amended, relating to substitute service personnel seniority"; to the Committee on Education then Finance.
By Delegates Caputo, Poling and Paxton:
H. B. 2806 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended, relating to providing for increased compensation for aides and paraprofessionals with large numbers of pupils in kindergarten and grades one through six"; to the Committee on Education then Finance.
By Delegates Hatfield and Doyle:
H. B. 2807 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-26, relating to prohibiting pharmacists and other persons involved in dispensing medicines from refusing to fill prescriptions; creating exceptions; providing for complaints to be filed with the Board of Pharmacy; providing for an administrative fine; and providing for a civil cause of action"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Ron Thompson, Susman, Mahan and Sumner:

H. B. 2808 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to adding a magistrate to those serving Raleigh County"; to the Committee on the Judiciary then Finance.
By Delegates Hatfield, Perdue, Tucker, Caputo, Boggs and Duke:
H. B. 2809 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-56a, relating to purchasing; and prohibiting certain public works contracts unless the vendor can demonstrate that it offers health insurance coverage to its employees and pays at least seventy-five percent of the cost therefor"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Hatfield, Brown, Webster, Perdue, Hrutkay and Browning:
H. B. 2810 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-8A-1, §3-8A-2, §3-8A-3, §3-8A-4 and §3-8A-5, all relating to disclosure requirements for political campaign advertisements; and providing criminal and civil penalties"; to the Committee on the Judiciary.
By Delegate Duke:
H. B. 2811 - "A Bill to amend and reenact §7-18-2 and §7-18-9 of the code of West Virginia, 1931, as amended, all relating to authorizing counties and municipalities to increase the hotel occupancy tax from three percent to an amount up to six percent"; to the Committee on Political Subdivisions then Finance.
By Delegates Williams and Stevens:
H. B. 2812 - "A Bill to extend the time for the Board of Education of Preston County to meet as a levying body for the purpose of presenting the voters an election to enact a special levy to provide school funding"; to the Committee on Political Subdivisions then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2813 - "A Bill to amend and reenact §24-2-11 of the Code of West Virginia, 1931, as amended, relating to requirements for certificate of public convenience and necessity; and removing the prohibition on applying for and obtaining franchises, licenses or permits prior to obtaining a certificate of public convenience and necessity from the Public Service Commission"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2814 - "A Bill to amend and reenact §31A-3-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31A-8C-1, §31A-8C-2, §31A-8C-3 and §31A-8C-5 of said code, all relating generally to financially-related activities of State-chartered Banking Institutions; reorganizing the approval process for engaging in financially-related activities; clarifying the definition of financially-related activities; creating a notice and approval process to engage in financially-related activities; allowing banks to make equity investments in entities providing financially-related activities on the same terms as national banks; and restating the purpose and interpretation of the article"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2815 - "A Bill to amend and reenact §17C-15-46 of the Code of West Virginia, 1931, as amended, relating to child passenger safety and booster seats"; to the Committee on Roads and Transportation then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2816 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-1E-1, §5-1E-2, §5-1E-3, §5-1E-4 and §5-1E-5; and to amend and reenact §18-2-6a and §18-2-7a of said code, all relating to promoting healthy lifestyles; creating a Healthy Lifestyles Office in the Department of Education and the Arts; establishing the functions of the Office; creating a special revenue account; establishing a voluntary menu labeling program; requiring physical activity in the schools; and encouraging the use of health foods and beverages in the vending machines of schools"; to the Committee on Health and Human Resources then Finance.
By Delegate Hunt:
H. B. 2817 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-13-1, §61-13-2, §61-13-3, §61-13-4, §61-13-5, §61-13-6, §61-13-7, §61-13-8, §61-13-9, §61-13-10 and §61-13-11, all relating to enacting the Elder and Mental Retardation Offense Registration Act; requiring registration of persons convicted of criminal offenses against persons sixty-five years of age or older and mentally retarded persons; requiring information on change of address; duration of registration requirement; providing for the distribution of registration information; imposing duties regarding registration on institutional officials; providing for information disclosure when registrant moves out-of-state; providing penalty for failure to register or provide change of address; providing for registration of out-of-state offenders; and providing for annual address verification"; to the Committee on the Judiciary.
By Delegates Argento and Stemple:
H. B. 2818 - "A Bill to amend and reenact §38-12-1 and §38-12-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §38-12-14, all relating to requiring lien holders to notify the sheriff's office via written instrument and to record a release in the county clerk's office within sixty days after the lien has been satisfied; requiring that the lien be removed from record upon satisfaction; and providing penalties for failure to notify the sheriff and county clerk of satisfaction"; to the Committee on the Judiciary.
By Delegates Frich, Sobonya and Howard:
H. B. 2819 - "A Bill to amend and reenact §18B-1A-4 of the Code of West Virginia, 1931, as amended, relating to changing the phrase '[i]t is, therefore, the desire of the Legislature' to '[i]t is, therefore the intent of the Legislature' in said section"; to the Committee on Education.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2820 - "A Bill to amend and reenact §33-2-16 and §33-2-17 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-11- 4a; to amend and reenact §33-11-6 of said code; and to amend and reenact §33-20-4 of said code, all relating generally to the regulation of insurance; providing that the director of consumer advocacy shall be appointed by the Governor; expanding the authority of the Office of Consumer Advocacy; eliminating a cause of action for unfair claims settlement practices by third parties; establishing procedures for the filing, investigation, and processing of administrative complaints by third-party claimants; providing for penalties for engaging in unfair claims settlement practices; and establishing that certain insurers shall submit rate filings biannually"; to the Committee on Banking and Insurance then Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2821 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto nine new sections, designated §7-23-1, §7-23-2, §7-23-3, §7-23-4, §7-23-5, §7-23-6, §7-23-7, §7-23-8 and §7-23-9, all relating generally to establishing a pilot program that allows certain counties and municipalities certain additional taxing authority and provides all counties, municipalities and county boards of education a pilot waiver program pursuant to which allowable relief may be obtained from certain policies, rules, regulations and statutory provisions; and providing for pilot program to end on specified date"; to the Committee on Political Subdivisions then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2822 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-12-9b, relating generally to joint development entities; providing that municipalities, county development authorities or municipal development authorities, or both, may organize and jointly own joint development entities for the purpose of developing and owning local economic development projects; describing the powers, duties and authority of joint development entities; and providing that joint development entities, as political subdivisions of the State of West Virginia, are exempt from all state and local taxation"; to the Committee on Political Subdivisions then Finance.
Consent Calendar

Third Reading

H. B. 2186, Restricting involuntary commitment for addicted persons to those who, as a result of such addiction, are likely to cause serious harm to themselves or others; on third reading, coming up in regular order, was read a third time.
Com. Sub. for H. B. 2189, Authorizing law-enforcement officers to deputize police in other states; on third reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Staton and by unanimous consent, the bill then was returned to second reading.
H. B. 2329, Authorizing a court to order a defendant to contribute monetarily or through hours of service to a local crime victim's assistance program; on third reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Staton and by unanimous consent, the bill was then returned to second reading.
Com. Sub. for H. B. 2417, Relating to compressed gas container safe transport; on third reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of Com Sub. for H. B. 2417 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct or pecuniary interest therein.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non- reviewable Constitutional authority, and shall be binding in all other potential venues.
On the passage of H. B. 2186 and Com. Sub. for H. B. 2417, the yeas and nays were taken (Roll No. 55), 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: Azinger, Ferrell, Fragale, Kominar, Mahan, Schadler, Stemple and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2186 and Com Sub. for H. B. 2417) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on Consent Calendar bills and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2592, Relating to the design-build procurement act,
H. B. 2634, Making changes to the West Virginia Commission for the Deaf and Hard of Hearing,
H. B. 2666, Continuation of the Department of Health and Human Resources,
And,
H. B. 2667, Continuation of the West Virginia Commission for the Deaf and Hard of Hearing,
The following two bills were each read a second time:
Com. Sub. for H. B. 2189, Authorizing law-enforcement officers to deputize police in other states,
And,
H. B. 2329, Authorizing a court to order a defendant to contribute monetarily or through hours of service to a local crime victim's assistance program.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:
Com. Sub. for H. B. 2189, on second reading, Consent Calendar, to the House Calendar, by Delegate Trump,
And,
H. B. 2329, on second reading, Consent Calendar, to the House Calendar, by Delegate Trump.
In the absence of objection, the Speaker advanced the foregoing bills to third reading, House 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:
Com. Sub. for H. B. 2174, Developing a procedure to notify licensed professionals who are mandated to report child abuse and neglect of the disposition of the investigation into the report,
Com. Sub. for H. B. 2456, Ratifying the federal National Crime Prevention and Privacy Compact,
And,
H. B. 2478, Relating to removing the prohibition against brewers of nonintoxicating beer requiring distributors to submit certain financial documents.
House Calendar

Third Reading

Com. Sub. for H. B. 2106, Imposing a lien and recovery for unpaid child support on the proceeds due a child support debtor from a settlement, judgment or award; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
Second Reading

Com. Sub. for H. B. 2477
, Relating to exemptions from execution or other judicial process in consumer credit transaction or consumer leases; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Amores, the bill was amended on page six, section one hundred thirty-six, line forty, following the words "his or her spouse", by inserting the words "or by or on behalf of a dependent of the consumer" followed by a comma.
And,
On page six, section one hundred thirty-six, line forty-six, by striking the words "sections one and" and inserting in lieu thereof the word "section".
On motion of Delegate Trump, the enacting section was amended to read as follows:
"That §38-8-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §46A-2-136 be amended and reenacted, to read as follows" followed by a colon.
The bill was then ordered to engrossment and third reading.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Azinger, Ferrell, Fragale, Kominar, Mahan, Schadler, Stemple and Walters.
Miscellaneous Business

Delegate Iaquinta announced that he was absent on yesterday when the vote was taken on Roll No. 53, and that had he been present, he would have voted "Yea" thereon.
At 11:36 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Wednesday, March 2, 2005.