__________*__________
Thursday, March 17, 2005
The House of Delegates met at 10:30 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 Wednesday, March 16, 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. C. R. 16, Naming the section of West Virginia Route 16 from the intersection of West
Virginia Route 16 and West Virginia Route 5, North to the Ritchie County line the "Sheriff Park
D. Richards Memorial Highway",
H. C. R. 23, Requesting the Division of Highways to rename State Route 16/46 in Calhoun
County, the "Alan B. Mollohan Road",
H. C. R. 43, Requesting the State of West Virginia and the United States Federal
Government to recognize that the counties of Berkeley and Jefferson are part of the historic
Shenandoah Valley,
S. C. R. 15, Requesting Division of Highways name bridge on Turnpike at Sharon "Tony
DeRaimo Memorial Bridge",
And,
S. C. R. 18, Requesting Division of Highways name bridge on Route 73, between Fairmont
and Boothsville in Marion County, "Andrew G. and Carmen L. Hauge Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Cann, from the Committee on Industry and Labor, Economic Development and
Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had
under consideration:
S. B. 162, Modifying time authority may allocate tax credits under Capital Company Act,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 162) was referred to
the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Roads and
Transportation and reported with the recommendation that it do pass, but that it first be referred to
the Committee on Finance), which was read by its title, as follows:
By Delegates Boggs, Ron Thompson, Butcher and Tansill:
H. B. 3089 - "A Bill to amend and reenact §17C-17A-3, §17C-17A-12 and §24A-1A-2 of
the Code of West Virginia, 1931, as amended, relating to adding representatives to the trucking
advisory committee; providing that committee with oversight with respect to commercial motor
vehicle weight and safety enforcement; and adding routes to the coal resource transportation road
system in Braxton and Webster counties."
In the absence of objection, the Speaker referred the bill (H. B. 3089) to the Committee on
Finance.
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. 2986, Relating to the regulation of selling new or used vehicles, providing for the
comprehensive regulation and licensing of persons who sell new or used vehicles,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2986) was referred to
the Committee on Finance.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2748, Registered Professional Nurses, Board of Examiners for, Fees for Services
Rendered by the Board,
H. B. 2749, Risk and Insurance Management, Board of, Public Entities Insurance Program,
H. B. 2750, Risk and Insurance Management, Board of, Patient Injury Compensation Fund,
H. B. 2757, Treasurer's Office, Procedures for Fees in Collections,
H. B. 2744, Personnel, West Virginia, Division of, Pre-Employment Reference and Inquires
Rule,
And,
H. B. 2743, Personnel, West Virginia, Division of, Administrative Rule,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2748, H. B. 2749, H.
B. 2750, H. B. 2757, H. B. 2744 and H. B. 2743) were each referred to the Committee on the
Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2781, Relating to annexation of unincorporated territory,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2781) was referred to
the Committee on the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 411, Extending time for county commission of Tyler County to meet as levying body,
And reports the same back with the recommendation that it do pass.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2619, Providing that moneys from revenues allocated to volunteer and part volunteer
fire companies and departments may be expended for the payment of dues to national, state and
county associations,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2619 - "A Bill amend and reenact §8-15-8b of the Code of West
Virginia, 1931, as amended, relating to authorized expenditures from municipal pensions and
protection funds and fire protection funds; and providing that moneys from revenues allocated to
volunteer and part volunteer fire companies and departments may be expended for the payment of
dues to national, state and county associations,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Finance be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2619) 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. 2619) will be placed on the Consent Calendar.
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:
S. B. 63, Requiring legislative approval for certain designations of roads, highways or
bridges,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 63) was referred to the
Committee on the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2875, Providing penalties for negligently or carelessly wounding or killing a person
while hunting under the influence of alcohol or drugs,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2875) was referred to
the Committee on the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2626, Providing that active military personnel stationed in this state need not obtain
a hunting, fishing or trapping permit,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2626 - "A Bill to amend and reenact §20-2-28 of the Code of West
Virginia, 1931, as amended, relating to providing that active military personnel stationed in this state
need not obtain a hunting, fishing or trapping permit,"
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. 2626) to the Committee
on the Judiciary 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. 2626) will be placed on the
Consent Calendar.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2874, Relating to the use of red colored artificial light when hunting coyotes,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2874) to the Committee on the
Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2874) will be placed on the Consent
Calendar.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2615, Allowing the use of clearly visible painted markings to designate or post land
on which trespassing is prohibited,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2615) was referred to
the Committee on the Judiciary.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor,
advising that on March 15, 2005, he approved S. B. 269.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Ron Thompson, Mahan, Susman and Sumner offered
the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 48 - "Requesting the Division of Highways to name the bridge located on Route 19
between the Flat Top Post Office and Egeria Road which crosses the West Virginia Turnpike, the 'Mills/ Hatcher Memorial Bridge'."
Whereas, PFC Denzell Mills was born December 30, 1948 to James Mills and Cleo
(Walker) Mills of Egeria, West Virginia and had five brothers, four of whom served in the military;
and
Whereas, PFC Larry Hatcher was born September 12, 1946 to Arland and Rachel (Walker)
Hatcher of Egeria and had two brothers and two sisters; and
Whereas, PFC Denzell Mills and PFC Larry Hatcher were the sons of two Walker sisters
and the grandsons of Ned & Della Walker, who settled in the Egeria area in the early 1920's, and
they were the grandsons of Jake Walker, who settled in the Egeria area in the 1800's; and
Whereas, Denzell Mills joined the Army in April, 1967 and was deployed to Vietnam in
September, 1967; and
Whereas, Larry Hatcher joined the Army in October, 1964 and was deployed to Vietnam
in May, 1965; and
Whereas, While Denzell was in Vietnam, he earned a bronze star and purple heart before
he was killed in action thirty-three days after he arrived; and
Whereas, Denzell was found carrying a note that read: I've got to walk this lonesome
valley, I've got to walk it by myself, Nobody else can walk it for me, I've got to walk it by myself;
and
Whereas, After Larry pulled two tours of duty and requested a third which was denied
because you can only serve two, he told his superiors that he did not want to come home until all his
buddies could go with him; and
Whereas, PFC Larry Hatcher passed away due to exposure to Agent Orange on February 2, 1992; and
Whereas, These two dedicated cousins gave the ultimate sacrifice for our State and for our
Nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge located
on Route 19 between the Flat Top Post Office and Egeria Road which crosses the West Virginia
Turnpike, the "PFC Mills/Hatcher Memorial 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 the families of Denzell Mills and
Larry Hatcher.
Delegates
Michael, Argento, Beach, Beane, Boggs, Brown, Browning, Butcher, Cann,
Crosier, DeLong, Eldridge, Ennis, Frederick, Hatfield, Hunt, Iaquinta, Kominar, Long, Miley,
Morgan, Palumbo, Paxton, Perry, Pethtel, Poling, Stalnaker, Staton, Stemple, Stephens, Susman,
Swartzmiller, Tabb, Talbott, Tucker, Varner, Wells, Williams, Wysong and Yost
offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 49 - "Opposing the further designation of additional federal wilderness acreage
within the Monongahela National Forest in the State of West Virginia; and requesting the United
States Department of Agriculture (USDA) Forest Service to consider fully the many values of active,
professionally managed forests during the revision of the Monongahela National Forest Land and
Resource Management Plan; and further requesting that the Forest Service implement a spatial
reapportionment of management areas in the Monongahela National Forest to increase acreage
available for active vegetation and timber management."
Whereas, The health, economic well-being and cultural traditions of West Virginia's
citizens have historically been and continue to be dependent upon the wealth of natural resources
provided by the working forests within the State; and
Whereas, The natural resources of the State of West Virginia, particularly its timber
resources are immovable, permanent, renewable assets belonging to the people of West Virginia; and
Whereas, Local municipalities and other public jurisdictions in West Virginia have had their
educational, public safety and transportation infrastructure deprived of timber revenue payments-in-
lieu totaling hundreds of millions of dollars due to the unwarranted actions of political activists
dedicated to forest abandonment; and
Whereas, Federal wilderness designation by the United States Congress is a permanent,
irrevocable condition that will forever deprive West Virginians and the nonresident visiting public
of nearly all economically productive uses and reasonable access to recreational opportunities in the
Monongahela National Forest; and
Whereas, The majority of our documented aging population that seek reasonable access to
Monongahela National Forest lands for recreation would be denied such reasonable access by the
various mandates of federal wilderness designation which discriminate in favor of those of greater
youth and vitality; and
Whereas, Professionally prescribed active timber management supplies an important source
of sustainable, God-given renewable raw materials for West Virginia's forest-based industries and
rural manufacturing economies; and
Whereas, Congressional designation of additional federal wilderness acreage in the
Monongahela National Forest would replace scientifically justified natural resource management with an unfounded philosophical ideology of forest abandonment on more of West Virginia's rural
working landscape to the detriment of West Virginians, their forests and the wildlife resources held
in trust by the State of West Virginia for its people; and
Whereas, Imposing additional wilderness would diminish the biological diversity of the
Monongahela National Forests wildlife habitat types due to the prohibition of all wildlife habitat and
timber management and would eliminate the opportunity to seek to perpetuate the best quality and
combination of wildlife habitats; and
Whereas, Designation of additional Monongahela National Forest acreage to management
prescriptions 3.0 and 6.1 will facilitate the application of critically needed professional forest
management toward attaining the scientifically accepted ideal of fifteen per cent of the forested
landscape in young forest, early successional wildlife habitats (0-10 years old); and
Whereas, The State of West Virginia Division of Natural Resources is charged by the
people of West Virginia to protect and conserve our fish and wildlife using sound scientific
principles inherent in active wildlife management practices, including those existing within the
proclamation boundaries of the Monongahela National Forest, including that acreage either currently
designated or proposed as federal wilderness; and
Whereas, Compelling peer-reviewed and widely accepted scientific evidence documents
that:
1. Some of the most interesting and diverse natural communities in eastern North America
will be lost without active forest management;
2. Providing habitat for the greatest diversity of wildlife species over the long term involves
purposefully managing for a mosaic of forest conditions; and
3. Providing both young and mature forest habitat through forest management contributes
to the biological diversity of the forested landscape; and
Whereas, The designation of additional federal wilderness acreage in the Monongahela
National Forest will impose unreasonable barriers to recreational opportunities for disabled,
handicapped, and physically impaired West Virginians and nonresident visitors to West Virginia;
and
Whereas, The honorable governing bodies and Economic Development Authorities of the
counties of Grant, Pendleton, Pocahontas, Randolph and Tucker, each of which encompasses some
portion of Monongahela National Forest lands, have formally and publicly opposed the designation
of additional federal wilderness acreage in the Monongahela National Forest; and
Whereas, The West Virginia Legislature is bound by Article II, 2-1 of the West Virginia
Constitution to recognize that the powers of government reside in all the citizens of the State, and
can be rightfully exercised only in accordance with their will and appointment; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature requests that the United States Department of Agriculture
Forest Service, in developing proposed alternatives for the Monongahela National Forest Plan
Revision, consider fully the many values of well-managed forests to the State of West Virginia; and,
be it
Further Resolved, That the Legislature recognizes that any expansion of federal wilderness
and/or the imposition of any other unreasonably restrictive land management measures would result
in losses in recreational opportunity and severe economic harm to far more West Virginians than
would be benefitted; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to send a copy
of this resolution to the Honorable Nick J. Rahall II, the Honorable Alan B. Mollohan and the
Honorable Shelley Moore Capito, Representatives of the State of West Virginia in the United States
Congress; the Honorable Robert C. Byrd and the Honorable John D. Rockefeller IV, Senators for
the State of West Virginia in the United States Congress; the Honorable Joe Manchin III, Governor
of the State of West Virginia, Clyde Thompson, Supervisor of the Monongahela National Forest, and
to the County Commissions of each county with land in the Monongahela National Forest.
Delegates Beach, Boggs, Wakim, Perdue, Azinger, Amores, Anderson, Argento, Barker,
Browning, Butcher, Campbell, Cann, Caputo, Crosier, DeLong, Eldridge, Ennis, Evans, Fragale,
Frederick, Hartman, Houston, Howard, Hrutkay, Iaquinta, Long, Mahan, Manchin, Michael,
Morgan, Paxton, Perry, Rowan, Stalnaker, Staton, Stephens, Susman, Swartzmiller, Talbott, Ron
Thompson, Walters, Williams and Yost offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 50 - "Declaring bluegrass music to be the official state music of West Virginia."
Whereas, Bluegrass music is a vital part of West Virginia's heritage and history; and
Whereas, Bluegrass music was introduced to West Virginia by early settlers; and
Whereas, Bluegrass music has long been associated with the Appalachian Region; and
Whereas, Bluegrass music continues to be a celebrated part of our culture; therefore, be it
Resolved by the Legislature of West Virginia:
That the official state music of West Virginia be declared bluegrass music; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Governor, Secretary of State and West Virginia's representatives in the United States Senate and the United States House of Representatives.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Perry, Sumner, Hall, Pino, Williams and Beach:
H. B. 3075 - "A Bill to amend and reenact §18-4-45 of the Code of West Virginia, 1931, as
amended, relating to allowing schools to use the off-months provided for instructional support and
enhancement to be used for additional instructional support and enhancement for continuing
education and staff development to meet the requirements of 'No Child Left Behind' if they have
met the state board minimum requirements for accrued instructional time; and changing definition
of bank time to accrued instructional time"; to the Committee on Education then Finance.
By Delegates Carmichael, Walters and Armstead:
H. B. 3076 - "A Bill to amend and reenact §18C-7-1, §18C-7-2, §18C-7-3, §18C-7-4,
§18C-7-5, §18C-7-6, §18C-7-7, §18C-7-8 and §18C-7-9 of the Code of West Virginia, 1931, as
amended, all relating to changing the PROMISE Scholarship Program to the PROMISE Forgivable
Student Loan Program; and establishing deferment and forgiveness conditions"; to the Committee
on Education then Finance.
By Delegates Spencer, Williams, Campbell, Michael and Perdue:
H. B. 3077 -"A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18-21-1 and §18-21-2, all relating to requiring schools to maintain
an alternative learning classroom apart from the regular classroom, designed to address children that
exhibit disruptive behavior in the classroom; providing that the primary goal for these programs and additional personnel is reintegrating a child back into the regular classroom upon successful
completion of the alternative learning classroom curriculum; to require schools to provide and
maintain alternative learning classrooms, apart from the regular classroom, designed to address
students' disruptive behavior; requiring county boards to form liaisons with law enforcement; health
care professionals and mental health community resources in the preparation of programs and
curriculum requirements for alternative classrooms; mandating that curriculum requirements include
the dangers of tobacco use; providing that alternative classrooms can be no larger than twenty
students; requiring that alternative classrooms are implemented in all middle, junior high and high
schools; providing that the provisions of this article may not be construed to override particular
provisions of this code concerning suspension and expulsion of students; and, directing the State
Board of Education to promulgate rules designed as guidelines for county boards to use in
developing special classes to address disruptive behavior and violation of school rules by children";
to the Committee on Education then Finance.
By Delegates Houston and Beach:
H. B. 3078 - "A Bill to amend and reenact §18-20-1 of the Code of West Virginia, 1931, as
amended, relating to eliminating the need for children with learning disabilities or psychological or
behavioral disorders from having to be sent out of state in order to receive treatment for their
disability or problem; directing the county boards of education to continue to develop treatment
capacity and programs for children with learning disabilities and psychological or behavioral
disorders; and, directing the State Board of Education to promulgate rules to be used as guidelines
by county boards in the continuing development and expansion of capacity and programs to address
these special needs of certain children"; to the Committee on Education then the Judiciary.
By Delegates Houston and Beach:
H. B. 3079 - "A Bill to amend and reenact §18-20-1 of the Code of West Virginia, 1931, as
amended, relating to providing for the creation of appropriate alternative facilities at each
developmental level for children with serious emotional and psychological disorders"; to the
Committee on Education then the Judiciary.
By Delegates Stemple, Manchin, Williams, Campbell, Michael, Perry, Boggs and
Pethtel:
H. B. 3080 - "A Bill to amend and reenact §18-9A-15 of the Code of West Virginia, 1931,
as amended, relating to dedicated funding for both the counties with increased enrollment and those
with a net enrollment of one thousand four hundred or fewer students"; to the Committee on
Education then Finance.
By Delegate Ennis:
H. B. 3081 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-1-10, relating to making it a crime for a person to fail to appear
in court on a criminal matter when under a mandate to do so; and providing a penalty for violation";
to the Committee on the Judiciary.
By Delegates Brown, Doyle and Proudfoot:
H. B. 3082 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-3-58, relating to creating the criminal offenses of scalping
tickets to sporting and other public events and scalping package transactions for services or
commodities; and, providing criminal penalties"; to the Committee on the Judiciary.
By Delegates Doyle and Wells:
H. B. 3083 - "A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as
amended, relating to including fortified beer within the definition of nonintoxicating beer; and
defining fortified beer"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 3084 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-7-24; to amend and reenact §50-1-14 of said code; to amend
and reenact §51-2A-6 of said code; to amend and reenact §51-3-5 of said code; and to amend and
reenact §61-3-39h of said code, all relating to the creation, funding and implementation of the "Part-
Time Bailiff Program"; to the Committee on the Judiciary then Finance.
By Delegates Houston and Marshall:
H. B. 3085 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-7A-35d, relating to providing the option for new public school
employees (i.e., employees with less than thirty-six months of consecutive employment)to transfer
deposits from the Defined Contribution Retirement System and opt into the State Teachers
Retirement System with the payment of additional sums in amounts to be determined by the State
Retirement Board calculated to insure actuarial soundness of the fund"; to the Committee on
Pensions and Retirement then Finance.
By Delegate Boggs:
H. B. 3086 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-3B-6, relating to establishing the criminal misdemeanor
offense of trespassing on railroad property; establishing the criminal misdemeanor offense of
stowaway; setting forth definitions; and establishing criminal penalties"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Perdue, Hatfield, Williams, Boggs, Wells, Paxton, Martin, Caputo,
Longstreth, Manchin and Palumbo:
H. B. 3087 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-2-21, relating to the Insurance Commissioner; stating
legislative findings; directing Commissioner to study ways to establish a program for purchasing
health insurance benefits for uninsured workers; and requiring report of findings, recommendations
and conclusions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Proudfoot, Perry, Swartzmiller, Manchin, Caputo and Walters:
H. B. 3088 - "A Bill to amend and reenact §8A-11-1 of the Code of West Virginia, 1931,
as amended, relating to municipal zoning generally; and providing for discrimination against location
of factory-built housing"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Frich, Palumbo, Brown, Beach, Houston, Marshall and Longstreth:
H. B. 3090 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §17A-10-1 and §17A-10-3 of said code, all relating to motor
vehicle registration of all-terrain vehicles used off of private property; removing the exemption for
all-terrain vehicles used off of private property from requirements of annual motor vehicle
registration; classifying all-terrain vehicles used off of private property for purposes of motor vehicle
registration; and providing an annual motor vehicle registration fee for all-terrain vehicles used off
of private property"; to the Committee on the Judiciary then Finance.
By Delegates Overington, Blair, Carmichael and Hall:
H. B. 3091 - "A Bill to amend and reenact §21-5A-5 of the code of West Virginia, 1931, as
amended, relating to establishing prevailing hourly rates to be used in connection with the
construction of public improvements; and providing appeal to county commission"; to the
Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
Consent Calendar
Second Reading
H. B. 3046, Continuation of the Board of Veterinary Medicine; 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 each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2229, Providing for the temporary detention of juvenile perpetrators
of domestic violence,
H. B. 2783, Authorizing the Director of the Division of Rehabilitation Services to allow
youth or other civic groups to use rehabilitation facilities and to charge a reasonable rent therefor,
H. B. 2837, Prescribing personal finance instruction in secondary schools by the State Board
of Education,
Com. Sub. for H. B. 2936, Relating to regulation of advertising by dentists,
And,
H. B. 3018, Relating to designation of Mountaineer Challenge Academy as a special
alternative education program.
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed
with him for the removal of a bill from the Consent Calendar to the House Calendar:
H. B. 2229, on first reading, Consent Calendar, to the House Calendar, by Delegate Amores.
Special Calendar
Unfinished Business
H. R. 26, Designating Thursday, March 17, 2005, as West Virginia History Day at the House
of Delegates; coming up in regular order, as unfinished business, was reported by the Clerk and
adopted.
H. C. R. 17 , Requesting the Joint Committee on Government and Finance to make a study
of issues involving volunteer firefighters; coming up in regular order, as unfinished business, was
reported by the Clerk.
The question now being on the adoption of the resolution, Delegate Mahan demanded the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 130), and there were--yeas
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Eldridge, Ferrell, Leach, Manchin, Moore, Tabb and Wysong.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. C. R. 17) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 45 , Honoring the late Leonard R. Valentine by declaring the bridge numbered 54
- 1.60 on State Route 54 in Mullens, West Virginia the "Leonard Valentine 'Coach Val' Memorial
Bridge"
; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
S. B. 153, Relating generally to ethical standards of public officers and employees; on third
reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
Second Reading
S. B. 413, Relating generally to financially related activities of state-chartered banking
institutions; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Ron Thompson and Amores, the bill was amended on page two,
following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof
the provisions of Engrossed H. B. 2814.
The bill was then ordered to third reading.
Com. Sub. for H. B. 2775, Equalizing the interest rate for prejudgment and post-judgment
awards; on second reading, coming up in regular order, was read a second time and 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 Ferrell, Leach, Manchin, Moore, Tabb and Wysong.
Miscellaneous Business
Delegate Eldridge announced that he was absent when the vote was taken on Roll No. 130,
and that had he been present he would have voted "Yea" thereon.
At 11:18 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00
a.m., Friday, March 18, 2005.