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Thursday, March 31, 2005


The House of Delegates met at 12:00 Meridian, 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 30, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 166, Authorizing sale of certain land on Buffalo Creek, Logan County,
And reports the same back, 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. 166) was referred to the Committee on the Judiciary.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 42, Limiting liability for waste tire remediation costs for certain owners of real property,
And,
S. B. 238, Including steel railroad track and track material under statutory provisions involving purchase of scrap metal,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that they each do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (S. B. 42 and S. B. 238) 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:
S. B. 122, Allowing certain state-chartered banks to organize as limited liability companies,
And,
S. B. 183, Authorizing warden to allow withdrawal from inmate's savings account in certain cases,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (S. B. 122 and S. B. 183) will be placed on the Consent Calendar.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 31st day of March, 2005, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 2129), Creating misdemeanor offense of motion picture piracy,
(H. B. 2333), Establishing a program to encourage voluntary reclamation of lands adversely affected by mining activities,
(Com. Sub. for H. B. 2764), Relating to allowing the Board of Medicine to issue a license to physicians who have been subject to license revocation,
(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,
And,
(H. B. 3347), Extending the time for the Pocahontas County Commission to meet as a levying body.
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:
S. B. 580, Prohibiting political subdivisions from regulating seeds.
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 Government Organization be dispensed with.
In the absence of objection, reference of the bill (S. B. 580) to the Committee on Government Organization was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 580) will be placed on the Consent Calendar.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the consideration of a resolution.
Resolutions introduced
Mr. Speaker, Mr. Kiss, and Delegates Boggs, Browning, Crosier, Ennis, Frederick, Kominar, Mahan, Michael, Moore, Palumbo, Paxton, Pethtel, Proudfoot, Spencer, Stalnaker, Staton, Stemple, Susman, R. M. Thompson, Tucker, Williams and Yost offered the following resolution, which was read by the Clerk:
H. C. R. 77 - "Designating Thursday, March 31, 2005, as 'Friends of Coal Day' at the State Capitol."
Whereas, Since the formation of this State during the Civil War, there has been one constant, basic and essential industry that has fueled this State's economy, supported this nation through two world wars and other international conflicts and stands ready today to help this country become energy self sufficient and that industry is coal; and
Whereas, The extraction of coal from the hills, mines and valleys of this State has been an integral part of the social and economic life of millions of West Virginians; and
Whereas, Coal miners and their families represent a proud heritage of courage, strength of character and quiet confidence that has the respect and admiration of all West Virginians; and
Whereas, The economic vitality of the coal industry is critically important to the future well- being of West Virginia and its citizens; and
Whereas, The "Friends of Coal" is an organization involving thousands of West Virginians, as well as citizens of other states who are working diligently to ensure the future of West Virginia through a vibrant, essential and productive coal industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby declares Thursday, March 31, 2005, as "Friends of Coal Day" at the State Capitol; and, be it
Further Resolved, That all West Virginians are encouraged to celebrate March 31, 2005, as "Friends of Coal Day" at the State Capitol; 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 Governor and the members of West Virginia's delegation in Congress.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. C. R. 77) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on and the passage, as amended by said report, to take effect July 1, of 2005, of
Com. Sub. for H. B. 2592, Relating to the design-build procurement act.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 3181, Supplementary appropriation to the bureau of commerce - economic development authority.
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. 236 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5R-6, relating to training requirements for providers in health facilities on the subject of Alzheimer's disease"; 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 July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
S. B. 240 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-28, relating to granting state employees thirty days of paid leave time for kidney or liver donation and seven days of paid leave time for bone marrow donation"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 277 - " A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and §19-9B-23, all relating to regulating the sale, possession and breeding of exotic animals; stating legislative purpose; defining certain terms; creating Exotic Animal Regulation Board and Technical Advisory Committee; establishing duties; establishing a special revenue account and authorizing expenditures; providing rule-making authority; delineating the jurisdiction of member agencies; providing owner liable for the cost of care of a seized exotic animal and bonding requirements; requiring pet shop registration, renewal and fee; requiring pet shop to keep records and provide certain notification; requiring permit to possess or breed exotic animal and providing permit application process and permit requirements; providing for exemptions; requiring identification number on an exotic animal; establishing caging, care and treatment requirements; requiring liability insurance; authorizing certain inspections; providing for denial of a permit; specifying conditions under which an exotic animal may be seized; and establishing civil and criminal penalties"; which was referred to the Committee on Agriculture and Natural Resources then Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 417 - "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".
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 417) to a committee was dispensed with, taken up for immediate consideration and read a first time.
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. 428 - "A Bill to repeal §17-24-1, §17-24-2, §17-24-3, §17-24-4, §17-24- 5, §17-24-6, §17-24-7, §17-24-8, §17-24-9 and §17-24-10 of the Code of West Virginia, 1931, as amended; to repeal §20-7-24, §20-7-25, §20-7-26, §20-7-27 and §20-7-29 of said code; to repeal §20-11-1, §20-11-2, §20-11-3, §20-11-4, §20-11-5, §20-11-6, §20-11-7, §20-11-8, §20-11-9, §20- 11-10, §20-11-11 and §20-11-12 of said code; to repeal §22-15A-23, §22-15A-24 and §22-15A-25 of said code; to amend and reenact §7-1-3ff of said code; to amend and reenact §17-2A-21 of said code; to amend and reenact §17-23-2 of said code; to amend and reenact §17A-10-16 of said code; to amend and reenact §17C-14-14 of said code; to amend and reenact §22-15-2 and §22-15-21 of said code; to amend said code by adding thereto a new article, designated §22-15A-1, §22-15A-2, §22-15A-3, §22-15A-4, §22-15A-5, §22-15A-6, §22-15A-7, §22-15A-8, §22-15A-9, §22-15A-10, §22-15A-11, §22-15A-12, §22-15A-13, §22-15A-14, §22-15A-15, §22-15A-16, §22-15A-17, §22- 15A-18, §22-15A-19, §22-15A-20, §22-15A-21, §22-15A-22 and §22-15A-23; to amend and reenact §22C-3-7 and §22C-3-24 of said code; to amend and reenact §22C-4-24 and §22C-4-25 of said code; to amend and reenact §31-15A-17a of said code; and to amend and reenact §49-5-13 and §49-5-13b of said code, all relating to the Rehabilitation Environmental Action Plan; consolidating litter control, open dump elimination and reclamation, waste tire cleanup and recycling programs; defining certain terms; providing for litter control and recycling programs; providing additional duties of Secretary of the Department of Environmental Protection; transferring assets, contracts and personnel of the Litter Control Program; providing penalties for the unlawful disposal of litter; providing for litter control education; creating the Pollution Prevention and Open Dump Program; providing for assistance to solid waste authorities for litter and solid waste plans; prohibiting waste tires in certain places; providing for penalty for violations thereof; providing that the Department of Environmental Protection is to administer funds for waste tire remediation; authorizing the Secretary of the Department of Environmental Protection to promulgate rules; providing for the disposal of waste tires; providing for the creation of the A. James Manchin Fund; establishing remediation and liability for remediation; clarifying that Commissioner for Bureau for Public Health has the authority to regulate public health matters; establishing recycling goals and plans; establishing county recycling programs for solid waste; providing for a recycling assessment fee; providing for criminal penalties; establishing state recycling program for solid waste; providing for the procurement of recycled products; prohibiting the disposal of certain items; creating the Recycled Oil Advisory Committee; encouraging newsprint recycling; establishing Recycled Newsprint Advisory Committee; providing for studying the feasibility of recycling industries; and exempting certain recycling facilities from regulation"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 450 - "A Bill to amend and reenact §30-1-11 of the Code of West Virginia, 1931, as amended, relating to licensing boards; and prohibiting a board member from receiving compensation for travel days not on the same day as the official meeting or official duties"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 458 - "A Bill to amend and reenact §15-2-20 of the Code of West Virginia, 1931, as amended, relating to transfer of members of the West Virginia State Police; permitting a transfer of a member for certain conduct; and increasing the relocation expense to one thousand dollars"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 485 - "A Bill to amend and reenact §30-5-2 of the Code of West Virginia, 1931, as amended, relating to the Board of Pharmacy powers and duties; empowering the Board of Pharmacy to grant a waiver or variance of all or part of a rule; and empowering the Board of Pharmacy to waive rules for up to twelve months for approved pilot or demonstration projects"; which was referred to the Committee on Health and Human Resources then Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 513 - "A Bill to amend and reenact §5E-1-8 of the Code of West Virginia, 1931, as amended, relating to providing the total tax credits available under the Capital Company Act during the fiscal year beginning on the first day of July, two thousand five; limiting the availability of the tax credits to qualified centers for economic development and technology advancement; and authorizing the Economic Development Authority to establish criteria for the determination of the allocation of certain tax credits by vote of the majority of the Authority"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
S. B. 524 - "A Bill to repeal §5A-2-25 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-2-1, §5A-2-24, §5A-2-32 and §5A-2-33 of said code; and to amend said code by adding thereto a new article, designated §12-4C-1, §12-4C-2, §12-4C-3, §12-4C-4, §12-4C- 5, §12-4C-6, §12-4C-7 and §12-4C-8, all relating to transfer of the central accounting system from the Department of Administration to the Auditor's Office; and creating a Financial Services Oversight Committee"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 542 - "A Bill to amend and reenact §14-2-2 of the Code of West Virginia, 1931, as amended, relating to providing an exception to the requirement that actions in which the state is a party be brought in Kanawha County for suits involving motor vehicle accidents"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 561 - "A Bill to amend and reenact section 7, chapter 26 of the Acts of the Legislature, regular session, 1925 (municipal charters), as last amended by chapter 175, Acts of the Legislature, regular session, 1991, relating to Greater Huntington Park and Recreation District; authorizing the District to impose fees and issue revenue bonds; requiring an election on the imposition of fees and issuance of revenue bonds; notice and election requirements; and authorizing the new fees to secure and pay the revenue bonds"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 575 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §20-2-5g and §20-2-46n, all relating to authorizing crossbow hunting for disabled persons"; which was referred to the Committee on Agriculture and Natural Resources then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 587 - "A Bill to amend and reenact §49-6-2 of the Code of West Virginia, 1931, as amended, relating to the appointment of counsel in abuse and neglect cases"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 628 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3 and §17-27-4, all relating to establishing a State Trails Coordinator"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 646 - " A Bill to amend and reenact §11-13-1 and §11-13-3 of the Code of West Virginia, 1931, as amended, all relating generally to business and occupation tax; exempting from tax gross income received by nonprofit homeowners associations for community services to members; deleting obsolete language; and making technical corrections"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 650 - "A Bill to amend and reenact §11-10A-11 of the Code of West Virginia, 1931, as amended, relating to small claims hearings by the Office of Tax Appeals; and requiring concurrence of both the Tax Commissioner and the Office of Tax Appeals for a dispute to be conducted in a small claims hearing"; 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. 657 - "A Bill to amend and reenact §11-10A-9 of the Code of West Virginia, 1931, as amended, relating to the Office of Tax Appeals; and providing for certain exceptions to the sixty-day time limit for filing a petition to appeal a decision of the Tax Commissioner"; 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. 666 - "A Bill to amend and reenact §11-23-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-24-5 of said code, all relating to exemptions for certain insurance companies from business franchise tax and corporation net income tax; and limiting the exemptions to that portion of the tax base which is based on income subject to a tax upon premiums"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 675 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-9c, relating to allowing a county board of education to enter into a lease-purchase agreement for land, buildings and equipment; and allowing a county board entering into a lease-purchase agreement to borrow funds from the Department of Education and the School Building Authority to make a one-time payment due at the beginning of the lease term for the purpose of reducing the annual lease payments"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 680 - "A Bill to amend and reenact §38-2-9 of the Code of West Virginia, 1931, as amended, relating to changing the filing time for a subcontractor's lien from seventy-five days to one hundred days to be consistent with the filing time for a mechanic's lien"; 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. 700 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-1B-1, §5B-1B-2, §5B-1B-3, §5B-1B-4, §5B-1B-5, §5B-1B-6, §5B-1B-7, §5B-1B-8 and §5B-1B-9, all relating to the creation of a Community Infrastructure Investment Program within the Department of Commerce; legislative findings; definitions; granting rule-making authority; authority to promulgate emergency rules; establishing process for issuance of certificate of appropriateness; providing for community infrastructure investment agreements; setting minimum terms; authority of Division of Health and Department of Environmental Protection not affected; requiring report to Joint Committee on Government and Finance; providing for administrative fees; establishing exemption from authority of Public Service Commission; and setting time limits for approval"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 710 - " A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to providing for a small grants program for the Tourism Promotion Fund; and providing flexibility for direct advertising projects costing under ten thousand dollars"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 717 - "A Bill to amend and reenact §5-10-18 of the Code of West Virginia, 1931, as amended, relating to permitting Wetzel County Hospital to provide an alternate retirement plan for new employees in lieu of participation in Public Employees Retirement System.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 717) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 728 - " A Bill to amend and reenact §5A-3-45 of the Code of West Virginia, 1931, as amended, relating to the disposition of state surplus property; allowing cannibalization of commodities under certain circumstances; and allowing the disposing of commodities as waste under certain circumstances"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 729 - "A Bill to amend and reenact §62-11B-4 of the Code of West Virginia, 1931, as amended, relating to authorizing magistrate courts to order home incarceration as a condition of bail when doing so consistent with guidelines promulgated by the Supreme Court of Appeals"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 740 - " A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9, §5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14, §5B-4-15, §5B-4- 16, §5B-4-17, §5B-4-18, §5B-4-19, §5B-4-20, §5B-4-21 and §5B-4-22, all relating to conducting an inventory and developing coordinated deployment and operation of technology infrastructure within this state; legislative findings and purpose; definitions; reporting requirements; rule-making authority; exemptions from disclosure of confidential information; creating Joint Legislative Oversight Commission on Transportation and Infrastructure; creating Innovation Center; appointment and qualifications of Chief Officer of Innovation Center; powers and duties of Innovation Center; reporting requirements; establishment of task force; providing technical and funding assistance for innovation; authorizing Innovation Center to engage in consulting services for fee, contractual and joint venture agreements; authorizing local government to enter into public- private partnerships; authorizes issuance of bonds; publication and hearing requirements related to bonds; bonds not an indebtedness of local government; redemption and form of bonds, exemption from taxation of bonds; establishment of sinking fund, transfer of balance of net revenues; enabling local government to establish rates of service; and liberal construction of article; which was referred to the Committee on Industry and Labor, Economic Development and Small Business then Finance"; 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 and requested the concurrence of the House of Delegates in the passage of
S. B. 749 - "A Bill to amend and reenact §16-13A-4 of the Code of West Virginia, 1931, as amended, authorizing a change in the official name of a public service district in certain circumstances"; which was referred to the Committee on Political Subdivisions then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
S. B. 750 - "A Bill to repeal §18-9A-8a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9A-27, relating to changing the method for determining the amount of funding for regional education service agencies"; which was referred to the Committee on Education then Finance.
Special Calendar
Third Reading
S. B. 604, Establishing method for projecting increase in net enrollment for each school district; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 392), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Fragale, Hall and Long.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 604) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 393), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Paxton.
Absent And Not Voting: Fragale, Hall and Long.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 604) takes effect July 1, 2005.
The following bills on third reading, coming up in regular order, were, on motion of Delegate Staton, laid upon the table:
Com. Sub. for H. B. 2224, Creating a health care providers lien,
H. B. 2546, Relating to underage possession of nonintoxicating beer and alcoholic liquor,
And,
Com. Sub. for H. B. 2815, Requiring the use of an appropriate child passenger restraint device or booster seat until the child is at least six years of age and weighs at least sixty pounds.
Second Reading
The following bills on second reading, coming up in regular order, were, on motion of Delegate Staton, laid upon the table:
H. B. 2469, Allowing an inmate to withdraw money from the mandatory 10% savings account,
H. B. 2640, Repealing the authority of county courts to provide for the working of prisoners,
Com. Sub. for H. B. 2661, Prohibiting the sale of candy or fruit-flavored cigarettes in this state,
Com. Sub. for H. B. 2809, Prohibiting public contracts with vendors unless they can demonstrate that they offer health care insurance to their employees and pay at least 75% of the cost of such insurance coverage,
Com. Sub. for H. B. 2995, Including a checkoff option on the state personal tax return to donate some or all of any tax refund to the "James 'Tiger' Morton Catastrophic Illness Check-off Program",
And,
Com. Sub. for H. B. 3215, Creation of the Funeral Planning Agent Designation Act.
First Reading
Com. Sub. for H. B. 2799, Permitting courts to issue orders of interdiction prohibiting the sale of alcoholic liquors, non-intoxicating beer and wine, controlled substances or drugs; on first reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table:
Miscellaneous Business
Delegates Poling and Schadler requested the Clerk to record them as voting "nay" on the passage of H. B. 3359 on the Consent Calendar of yesterday.
Delegate Trump asked and obtained unanimous consent that the remarks delivered on today of Delegate Frederick regarding the coal industry and the remarks of Delegate Armstead regarding table games be printed in the Appendix to the Journal.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Fragale, Hall and Long.
At 1:18 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, April 1, 2005.