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Wednesday, April 6, 2005



The House of Delegates met at 11:30 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 Tuesday, April 5, 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. 34, Recognizing the month of April as Fair Housing Month,
H. C. R. 39, Requesting the West Virginia Division of Highways to name the bridge located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey Carson Memorial Bridge",
H. C. R. 71, Amending the Joint Rules of the Senate and the House of Delegates by adding thereto a new rule, designated Rule 30, Joint Committee on Technology,
H. C. R. 74, Requesting the Joint Committee on Government and Finance conduct a study to determine the need for a Colon Cancer Detection and Prevention Board,
S. C. R. 17, Requesting Division of Highways name Fort Hill Bridge in Charleston "Eugene A. Carter Memorial Bridge",
And reports the same back with the recommendation that they each 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. C. R. 85, Requesting the Joint Committee on Government and Finance to study costs and benefits of full time in-school alternative education programs,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 85 - "Requesting the Joint Committee on Government and Finance to make a study on the costs and benefits of full time in-school alternative education programs and a study into choosing one school from each RESA to set up model programs for the 2005-2006 school year to be used as a pilot program,"
With the recommendation that the committee substitute be adopted.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S.B. 492, Relating to claims against state,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 492) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 561, Authorizing Greater Huntington Park and Recreation District impose fees and issue revenue bonds,
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 Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 561) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 282, Continuing School Building Authority,
S. B. 285, Continuing Division of Culture and History,
S. B. 286, Continuing Public Defender Services,
And,
S. B. 452, Continuing Board of Risk and Insurance Management,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 282, S. B. 285, S. B. 286 and S. B. 452) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 283, Continuing Health Care Authority,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 283) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 666, Relating to exemptions for certain insurance companies from business franchise tax and corporation net income tax,
And reports the same back, with amendment, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 666) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 674, Relating to textbook sales and at public institutions of higher education.
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 674) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 94, Providing additional flexibility for school instructional support and enhancement days.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 94) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 248, Relating to requirement that technology expenditures be made in accordance with Education Technology Strategic Plan.
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 248) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Michael, from the Committee on Finance submitted the following report, which was received:
Your Committee on has had under consideration:
Com. Sub. for S. B. 603, Relating to higher education,
Com. Sub. for S. B. 700, Creating Community Infrastructure Investment Program within Department of Commerce,
S. B. 741, Exempting farming equipment and livestock from personal property tax,
Com. Sub. for S. B. 223, Relating to vesting retirement benefits for certain members of military,
Com. Sub. for S. B. 455, Relating to financing of environmental control activities by certain electrical utilities,
And,
S. B. 643, Relating to taxable income of resident estate or trust,
And reports the same back, by unanimous vote of the committee, with amendment, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent Com. Sub. for S. B. 603 was taken up for immediate consideration, read a first time and then ordered to second reading.
At the respective requests of Delegate Staton, and by unanimous consent Com. Sub. for S. B. 700, S. B. 741, Com. Sub. for S. B. 223, Com. Sub. for S. B. 455 and S. B. 643 were each taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted, but that it first be referred to the Committee on Rules), which was read by its title, as follows:
By Delegates Perdue, Hatfield, Boggs, DeLong, Hrutkay, Frederick, Long, Leach, Longstreth, Marshall, Miley, Moore, Pino, Susman, Tucker, Ashley, Border, Lane, Rowan, Schadler, Sumner, Wakim and Brown:

H. C. R. 90 - " Requesting the Joint Committee on Government and Finance to conduct a study on oral health in West Virginia."
W
HEREAS , Oral diseases are among the most common health problems in the United States; and
W
HEREAS , Millions of Americans suffer with diseases and conditions of the oral cavity which often result in needless pain and suffering - - such as difficulty speaking and chewing, increased cost of care, decreased economic productivity through lost work days and, in extreme cases, death; and
Whereas, Oral diseases and conditions, including cavities, tooth loss and periodontal disease, affect more than persons than any single disease in the United States

Whereas , Dental cavities is the most common and preventable infectious disease in children, with regular care being a key factor in maintaining oral health; and
W HEREAS, Although the past two decades have witnessed significant improvement, poor oral health remains a neglected epidemic in West Virginia, especially among certain segments of it's population - - eighty percent of cavities in children is concentrated in just twenty-five percent of the child population; and
W
HEREAS , Seventy-two percent of West Virginia's children are covered by dental insurance, primarily through public programs (Medicaid, SCHIP), with forty percent having not seen their dentist in the last six months; and
W
HEREAS , A survey of West Virginia dentists indicated that they see very few children age three and younger in their practices - - even though all children should be seen by a dentist by their first birthday; and
W
HEREAS , West Virginia has ranked first among all states in the percentage of people ages sixty-five and older who have lost their natural teeth; and
W
HEREAS , Forty-four percent of adult West Virginians are covered by dental insurance, with over half having not seen their dentist in the last six months; and
W
HEREAS , Prevention, education and regular care are essential elements in oral health; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on dental health in West Virginia; and, be it
Further Resolved, That the Legislature, Governor, Department of Health and Human Resources, Public Employees Insurance Agency, Department of Education and other state agencies and institutions work collaboratively in the assessment, prevention and treatment of dental diseases while also improving the health and wellness of the residents of West Virginia; and, be it
Further Resolved, These objectives can be accomplished through (1) working with federal agencies, such as the U.S. Center for Disease Control and Prevention, and with other states to promote guidelines and best practices in the prevention and treatment of dental diseases, (2) educating the medical community, teachers and school administrators, employers and the general public about oral health care in adults and children, (3) providing incentives for and promoting the availability of preventive oral health services and treatment in the state Medicaid program, PEIA and other state-funded insurance programs, (4) looking for methods to maintain and expand coverage for children and adults, and (5) identifying and implementing strategies to increase the amount and quality of daily oral health care as part of nutrition education in school curriculums; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 456, Relating to cure offer from merchant or seller to consumer,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 456) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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:
Com. Sub. for S. B. 587, Relating to appointment of counsel in abuse and neglect cases,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 587) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 418,Providing insurance reform by expanding and providing funding and expanded powers for Office of Consumer Advocacy,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 418) was taken up for immediate consideration, read a first time and then 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:
Com. Sub. for S. B. 341, Authorizing Department of Health and Human Resources promulgate legislative rules,
Com. Sub. for S. B. 353, Authorizing Department of Transportation promulgate legislative rules,
Com. Sub. for S. B. 386, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules,
And,
S. B. 736, Repealing superceded sections relating to proffers and conditions for final plat approval,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for S. B. 341, Com. Sub. for S. B. 353, Com. Sub. for S. B. 386, and S. B. 736)were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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:
Com. Sub. for S. B. 357, Authorizing Department of Revenue promulgate legislative rules,
Com. Sub. for S. B. 382, Authorizing Department of Administration promulgate legislature rules,
S. B. 584, Allowing Bureau for Child Support Enforcement enter orders for modification of child support amounts,
Com. Sub. for S. B. 670, Relating to electing supervisors for conservation districts
And,
S. B. 691, Relating to electing supervisors for conservation districts,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com. Sub. for S. B. 357, Com. Sub. for S. B. 382, S. B. 584, Com. Sub. for S. B. . 670 and S. B. 691) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 427, Relating to health maintenance organizations,
And reports the same back, by unanimous consent of the Committee, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 427) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 485, Relating to powers and duties of Board of Pharmacy,
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 Government Organization.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 485) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Government Organization.
Chairman DeLong, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
S. B. 126, Relating to educational benefits for children of certain deceased military,
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 Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 126) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 278, Relating to lists of stockholders of banking institutions and bank holding companies,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 278) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 659, Clarifying definition of "money transmission,"
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 Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 659) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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:
S. B. 575, Authorizing crossbow hunting for disabled persons,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that the second reference to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 575) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
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. 705, Delaying effective date of Municipal Sales and Service Tax and Municipal Use Tax,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 705) was taken up for immediate consideration, read a first time and then ordered to second reading.
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.749, Authorizing change in official name of public service district in certain cases,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 Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 749) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Your Committee on Roads and Transportation has had under consideration:
S. B. 444, Establishing offense of careless driving,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 444) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
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. 101, Allowing county commission or municipality to request traffic control signal be used as flashing signal,
And reports the same back, by unanimous vote of the Committee, with a title amendment, with the recommendation that it do pass, as amended, but first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 101) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
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. 620, Relating to speed-measuring devices used by law-enforcement officers; training,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, but first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 620) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
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 purpose of introducing a resolution.
Resolutions Introduced

Delegates Morgan, Leach, Craig, Howard, Sobonya, Stephens, Rick Thompson and Perdue offered the following resolution, which was read by the Clerk as follows:
H.R. 35 - "Designating April 6, 2005, as 'Marshall University Day'."

Whereas, Marshall University is one of the state's premier institutions of higher education and classified as Masters I by the Carnegie Foundation; and
Whereas, Marshall University educates more than 16,300 students at campus locations in Huntington, Point Pleasant and South Charleston and offers degrees at the associate, baccalaureate, master's and doctoral levels; and
Whereas, Enrollment at Marshall University has continued to rise over the past decade, while grade point averages and standardized test scores continue to keep pace; and
Whereas, Marshall University has been the site of The Governor's Honors Academy and the Governor's School for the Arts; and
Whereas, The West Virginia Autism Training Center at Marshall University serves our citizens with autism, their families and their educators with personal contact in all 55 counties; and
Whereas, Marshall University provides graduate education statewide, serving all 55 counties, with nationally regarded programs such as the A A C S B-Accredited MBA program, placing it among a small group of selective and elite universities; and,
Whereas, Marshall University's Forensic Science Center has America's only on-campus certified DNA lab and annually attracts hundreds of top national scholars who apply to its highly competitive and selective program; and
Whereas, Marshall University is growing its research capacity, bringing nearly $150 million into the state over the past 5 years; and
Whereas, With every dollar the state invests in Marshall University, the University generates at least 3 dollars spent in the West Virginia economy; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing at Marshall is providing technology and training to all 55 state counties delivering expertise to more than 2,500 small, medium and large manufacturers, creating jobs in West Virginia; and
Whereas, the Joan C. Edwards School of Medicine health professionals reached a milestone this year by recognizing service to more than 3 million patients; and
Whereas, the Robert C. Byrd Rural Health Initiative provides rural clinics in Mingo, McDowell, Lincoln, Boone and Clay counties, has Marshall-trained physicians rendering health care in 28 underserved rural communities and provides clinical services in 52 West Virginia counties; and
Whereas, Marshall University's Health Sciences have trained thousands of West Virginians to serve as doctors, nurses, therapists and allied health professionals; and
Whereas, Marshall University is building a national reputation for research in medical, forensics and environmental biotechnology through its College of Science and the School of Medicine with more than $100 million in externally-funded health care and biomedical research facilities now under development that will educate the next generation of students and improve the quality of life for generations to come; and
Whereas, Marshall University alumni number nearly 80 thousand, living worldwide; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates April 6, 2005, as "Marshall University Day;" and, be it
Further Resolved, That the House hereby recognizes Marshall University for its tremendous contributions to the State of West Virginia; and be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to Michael J. Farrell, Interim President of Marshall University.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 35) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Messages from the Senate

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. 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.
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. 2350, Relating to conditions for awarding teaching certificates.
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. 2381, Authorizing patients or residents of certain health care facilities or homes to designate nonrelatives to receive the same visitation privileges as immediate family members.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2449, Continuation of the West Virginia Board of Manufactured Housing Construction and Safety.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
H. B. 2492, Providing a funding mechanism for teen court programs.
On motion of Delegate Staton, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Long, Brown and Howard.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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. 2497, Providing that a truck with four axles in combination with a trailer with two axles is limited to a max gross weight of eighty thousand pounds with a tolerance of ten percent.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2534, Continuation of the Tourism Commission.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2570, Requiring banking institutions to post bond or other security for the deposit of county, municipal or county board of education funds.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2623, Continuation of the Public Land Corporation.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2789, Relating to the assessment date for bank holding companies.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2950, Relating to requiring a paper copy of a voter's votes when using an electronic system to vote if an election is contested or for a random count of precincts.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2958, Continuing the Public Employees Insurance Agency Finance Board.
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:
Com. Sub. for H. B. 2973, Allowing broker/dealers, in addition to banks, to act as custodians of insurance company securities.
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:
Com. Sub. for H. B. 2981, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the Auditor to issue warrants for the payment thereof.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 3046, Continuation of the Board of Veterinary Medicine.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, and had changed the effective date, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 3105, Creating a special revenue fund for the provision of occupational safety and health initiatives.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 414), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3105) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
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. 3106, Relating to the ability of the public employees insurance agency to participate in the investment pools of the investment management board.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 32, Requesting the Joint Committee on Government and Finance to study the creation of a small disadvantaged business loan pool.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 33, Requesting the Joint Committee on Government and Finance to make a study of participation of minority and other disadvantaged small businesses in the process of competing for and obtaining state contracts.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 51, Requesting the Joint Committee on Government and Finance to study the need to provide low-cost spay and neuter programs across the state.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 32 - "Requesting the Joint Committee on Government and Finance study the potential economic benefits of distributing to travelers on the West Virginia Turnpike discount coupons designed to encourage participation in various in-state tourism and recreational activities."
Whereas, On average, 50,000 motor vehicles travel the West Virginia Turnpike on any given day; and
Whereas, Extolling the unique and wide-ranging variety of activities revolving around tourism and recreation in this state, including, but not limited to, fishing, hunting, water and snow skiing, camping, hiking, whitewater rafting and touring historical sites, by virtue of offering discount coupons to travelers on the Turnpike should result in substantially greater revenue for the state and its citizens and foster faster-paced economic development; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the potential economic benefits of distributing to travelers on the West Virginia Turnpike discount coupons designed to encourage participation in various in-state tourism and recreational activities; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 56 - "Requesting the Joint Committee on Government and Finance study highway authorities in the State of West Virginia."
Whereas, Various highway authorities have been created by legislative acts to promote and secure funding for the construction of roadways throughout the state and additional authorities may be created; and
Whereas, The number, organization and effectiveness of these groups are of interest to the citizens of West Virginia; therefore, be it
Resolved
by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study highway authorities in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 74 - "Requesting the Joint Committee on Government and Finance study the fiscal affairs of West Virginia's publicly and privately owned and operated water and sewer utilities."
Whereas, West Virginia's public water and sanitary sewer utilities manage millions of dollars of public property; and
Whereas, Proper operational and fiscal management of these utilities in accordance with good business practice is critical to quality of life, positive business climate and economic development in West Virginia; and
Whereas, Levels of federal funds available to support the operation, maintenance, improvement, renewal and expansion of these facilities are diminishing; and,
Whereas, It is critical to West Virginia's future that these utilities are managed in a manner that promotes fiscal strength, financial flexibility and independence while providing service at just and reasonable rate levels; and
Whereas, The Public Service Commission of West Virginia is empowered by statutory authority to provide regulatory oversight of public utilities within the state on behalf of its citizens; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the fiscal affairs of West Virginia's publicly and privately owned and operated water and sewer utilities; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study should include, at a minimum, the following: Operating revenues per customer; operating income per customer; total assets per customer; current assets per customer; current and financial assets per customer; restricted assets per customer; return on assets (net of plant); debt service coverage ratio; debt ratio; operating and maintenance expense per customer; infrastructure renewal rate; and average residential bill at a typical usage rate; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study should compare and report upon the same issues for three utilities in other states corresponding to each class of utility in West Virginia. A representative utility should have a "AA" bond rating or higher, as designated by Standard & Poor's or another credible bond rating agency; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 82 - "Requesting the Joint Committee on Government and Finance study placing the maintenance of the Cultural Center under the direction of the General Services Division in the Department of Administration.
Whereas, The Director of General Services Division currently has responsibility for all state buildings on the grounds of the Capitol, except the Cultural Center; and
Whereas, The Cultural Center has special security and maintenance requirements because it offers weekend and evening hours, maintains the West Virginia Veterans Memorial and archives priceless artifacts, historical documents and art collections; and
Whereas, The Cultural Center currently hires and trains its own staff so that these unique maintenance issues are addressed; and
Whereas, It is unclear whether there would be a cost savings to the state to have the General Services Division oversee the maintenance of the Cultural Center; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study placing the maintenance of the Cultural Center under the direction of the General Services Division in the Department of Administration; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 83 - "Requesting the Joint Committee on Government and Finance study licensing athletic trainers."
Whereas, Athletic trainers promote injury prevention and the health of athletes; and
Whereas, A uniform set of standards for athletic trainers
would be beneficial to the profession and the state's athletes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study licensing athletic trainers; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 90 - "Requesting the Joint Committee on Government and Finance study current and future highway financing."
Whereas, Funding for the Division of Highways has not increased in relation to the cost of inflation; and
Whereas, This decrease in funding has limited the ability of the Division of Highways to maintain the State of West Virginia's highway system and to develop and construct new highways which are essential for the economy of the state; and
Whereas, The State of West Virginia may be the recipient of additional federal funding in the near future which would require the Division of Highways to provide additional matching state funding over and above what is normally allocated; and
Whereas, A variety of highway authorities have been created by legislative acts to promote and secure funding for the construction of various roadways throughout the state; and
Whereas, The funding sources available to meet the needs of the Division of Highways are limited; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study current and future highway financing; and, be it
Further Resolved, That the Joint Committee on Government and Finance review and examine the abilities of local government and various highway authorities in providing funding options over and above that of the Division of Highways; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, of
S. B. 604, Establishing method for projecting increase in net enrollment for each school district.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment to the House of Delegates amendment was reported by the Clerk:
On pages one through three, by striking out all of section fifteen, and inserting in lieu thereof a new section fifteen, to read as follows:
"§18-9A-15. Allowance for increased enrollment.
(a) To provide for the support of increased net enrollments in the counties in a school year over the net enrollments used in the computation of total state aid for that year, there shall be appropriated for that purpose from the general revenue fund an amount equal to the average total state aid per net pupil multiplied by the total of all of the increases in the net enrollments of the counties made by comparing the most recent reports of net enrollment for the second school month to the immediately previous year's reports for the same school month to be determined in accordance with this section.
Upon determination of the several increases in the respective counties' net enrollments, as of the close of the second school month, each county showing such increase shall be allocated an amount equal to that county's average per net pupil total state aid multiplied by the increase in that county's net enrollment determined as provided heretofore. Such allocations shall be distributed not later than the thirty-first day of December of each year to the counties having increases in net enrollment as heretofore provided.
(b) On or before the first day of September, two thousand five, the State Board shall promulgate a rule pursuant to article three-b, chapter twenty-nine-a of this code that establishes an objective method for projecting the increase in net enrollment for each school district. The State Superintendent shall use the method prescribed by the rule to project the increase in net enrollment for each school district.
(c) The State Superintendent shall multiply the average total state aid per net pupil by the sum of the projected increases in net enrollment for all school districts and report this amount to the Governor for inclusion in his or her proposed budget to the Legislature. The Legislature shall appropriate to the West Virginia Department of Education the amount calculated by the State Superintendent and proposed by the Governor.
(d) The State Superintendent shall calculate each school district's share of the appropriation by multiplying the projected increase in net enrollment for the school district by the average total state aid per net pupil and shall distribute sixty percent of each school district's share to the school district on or before the first day of September of each year. The State Superintendent shall make a second distribution of the remainder of the appropriation in accordance with subsection (e) of this section.
(e) After the first distribution pursuant to subsection (d) of this section is made and after the actual increase in net enrollment is available, the State Superintendent shall compute the total actual amount to be allocated to each school district for the year. The total actual amount to be allocated to each school district for the year is the actual increase in the school district's net enrollment multiplied by the average total state aid per net pupil. The State Superintendent shall make the second distribution to each school district in an amount determined so that the total amount distributed to the district for the year, in both the first and second distributions, equals the actual increase in net enrollment multiplied by the average total state aid per net pupil. The State Superintendent shall make the second distribution on or before the thirty-first day of December of each year:
Provided, That if the amount distributed to a school district during the first distribution is greater than the total amount to which a district is entitled to receive for the year, the district shall refund the difference to the Department of Education prior to the thirtieth day of June of the fiscal year in which the excess distribution is made.
(f) If the amount appropriated for this purpose shall of the appropriation for increased enrollment is not be sufficient to provide payment in full for the total of these several allocations, each county allocation shall be reduced to an amount which is proportionate to the appropriation compared to the total of the several allocations and the allocations as thus adjusted shall be distributed to the counties as provided in this section: Provided, That the Governor shall request a supplemental appropriation at the next legislative session for the reduced amount.
(g) No provision of this section shall be construed to in any way affect the allocation of moneys for educational purposes to a county under other provisions of law.
Except for those students who are enrolled in special education programs, students who have not attained the age of five prior to the first day of September shall not be included for any purpose of this section.
Nothing in this section shall be construed to require any specific level of funding by the Legislature."
And,
By amending the title of the bill to read as follows:
S. B. 604 -"A Bill to amend and reenact §18-9A-15 and §18-9A-22 of the Code of West Virginia, 1931, as amended, relating to allowances of public school support; requiring appropriation for increased enrollment based on projection; requiring initial distribution to be based on projection; requiring refund in certain instances; including students who have not attained the age of five; and authorizing grant allowances for certain counties with low student net enrollment under certain circumstances."
On motion of Delegate Staton, the House of Delegates refused to concur in the Senate amendments to the House amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Resolutions Introduced

Delegates Pino, Louisos and Perry offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 88 - "Requesting the West Virginia Division of Highways to name State Route 25 from Glen Jean to Thurmond in Fayette County the "Jon Dragan Road."
Whereas, Jon Dragan was born in Fayette County, Pennsylvania on September 11, 1942, but was drawn to Fayette County, West Virginia as a young man by the lure of whitewater rapids on the New River; and
Whereas, In 1968 Jon Dragan, along with his brothers Tom and Chris and his future wife, Melanie, began operating the State's first commercial rafting company, Wildwater Expeditions Unlimited, on the New River; and
Whereas, Jon Dragan's pioneering efforts on the New River that summer of 1968 led to the development of a whitewater rafting industry that today is a driving force in the State's tourism economy; and
Whereas, Jon Dragan's contributions to Fayette County and the State of West Virginia extend far beyond whitewater rafting, for Jon played an important role in the creation and development of the New River Gorge National River, Bridge Day and numerous other endeavors such as the West Virginia Southern Railway; and
Whereas, Jon Dragan's spirit of adventure in his professional life extended to his personal life as well, where Jon participated in whitewater expeditions in remote locations such as Tibet and China, explored exotic locations such as the Galapagos Islands and Antarctica, and skied in remote areas around the world; and
Whereas, Jon Dragan's personality, humor, vision and entrepreneurial spirit were examples for all and inspiration to many; and
Whereas, Jon Dragan was truly a man of legendary proportion, and his sudden and unexpected passing has left a void in many lives and in the State dynamic; and
Whereas, Jon Dragan was called from this Earth on February 12, 2005, passing away after a short illness; and
Whereas, Jon Dragan's pioneering spirit and his prodigious work ethic enabled him to accomplish much in his relatively short lifetime, and he leaves behind a legacy that will endure to the great benefit of Fayette County and the State of West Virginia for generations to come; and
Whereas, It is only fitting that we pay homage to "The Father of Whitewater Rafting in West Virginia" by naming in his honor the access road State Route 25 from Glen Jean to Thurmond finding the New River Gorge where so many thousands of whitewater rafters travel each year to reach the New River; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby requested to name State Route 25 from Glen Jean to Thurmond in Fayette County the "Jon Dragan Road"; 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 West Virginia Division of Highways, to Melanie Dragan, to Jon and Melanie's daughter, Melissa, and to their son, Josh.
Delegates Marshall, Houston, Beach, Frich, Amores, Argento, Azinger, Barker, Beane, Boggs, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Carmichael, Craig, Crosier, DeLong, Doyle, Eldridge, Hamilton, Hartman, Hatfield, Hrutkay, Hunt, Iaquinta, Kominar, Leach, Leggett, Longstreth, Louisos, Mahan, Manchin, Martin, Michael, Miley, Moore, Morgan, Palumbo, Paxton, Pethtel, Perry, Poling, Romine, Spencer, Stalnaker, Staton, Stephens, Susman, Tabb, Talbott, Tansill, Trump, Wakim, Walters, Webster, Wells, G. 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. C. R. 89 - "Requesting the West Virginia Department of Education, the Office of the Secretary of Education and the Arts, and the West Virginia University Extension Service (4-H, Youth Development Program Unit) to convene and cochair a task force, to be known as the West Virginia After School Partnership that may include state agencies and private and nonprofit organizations concerned with care of school age children; the Education Alliance; parks and recreation agencies or associations; private foundations; civic and cultural organizations; community-based youth service providers; faith-based communities; higher education institutions; child and youth advocacy organizations; alcohol, tobacco, and substance abuse prevention providers; parent and youth representatives; and other related agencies and organizations that serve children and youth in this state to study after school programs across this state, to identify effective programs, areas of need and to develop plans and funding sources to provide high quality after school programs.
Whereas, Children who attend after school programs (also termed out of school time learning opportunities including organized before and after school and summer programs) spend more time in learning opportunities, academic enrichment, and physical activity and spend less time watching television and engaging in risky behavior than their peers; and
Whereas, A post-election national poll conducted for the After School Alliance showed that eight of ten voters agree that funding should increase for after school programs and 76% said they would even support a tax increase if it meant increased funding for such programs; and
Whereas, A study by the Rose Institute in California concluded that the return to taxpayers of an investment in after school programs ranges from $2.29 to $3.04 for every dollar spent in areas of reduced child care costs, improved school performance, increased compensation, reduced crime costs and reduced welfare costs; and
Whereas, Current data shows that the violent juvenile crime rate climbs and children are most likely to be victims of a violent crime committed by a nonfamily member between the hours immediately after school until 6:00 p.m.; and
Whereas, Current data (the America After 3:00 p.m. Household Survey on After School Care Arrangements conducted for the After School Alliance) shows that in West Virginia in 2002-2003, 16% of K-12 children were responsible for taking care of themselves after school -- spending an average of more than six hours per week unsupervised after school; and
Whereas, In 2004, the West Virginia Department of Education received 32 proposals requesting funding of 21st Century Community Learning Center after school programs that would have served 29,683 children in the State, but funding was available for only twelve grants serving 8,224 children; and
Whereas, More than 27% of K-12 children in self-care in West Virginia would be likely to participate in an after school program if one were available in the community (America After 3: p.m. Household Survey on After School Care Arrangements, After school Alliance); and
Whereas, A recent report from "Fight Crime: Invest in Kids" indicates that the Child Care Development Block Grant to help low-income parents pay for child care could only serve 25% of eligible West Virginia children. The report states further that child care center teacher wages in West Virginia average only $13,400 resulting in high staff turnover, inadequately trained staff, and low quality care; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Department of Education, the Office of the Secretary of Education and the Arts, and the West Virginia University Extension Service (4-H, Youth Development Program Unit) are requested to convene and cochair a task force, to be known as the West Virginia After School Partnership that may include state agencies and private and nonprofit organizations concerned with care of school age children; the Education Alliance; parks and recreation agencies or associations; private foundations; civic and cultural organizations; community based youth service providers; faith based communities; higher education institutions; child and youth advocacy organizations; alcohol, tobacco, and substance abuse prevention providers; parent and youth representatives; and other related agencies and organizations that serve children and youth in this state; and, be it
Further Resolved, That the activities of the West Virginia After School Partnership do not include a request for funding at this time and should include: (i) Conducting an assessment of the state of after school services in West Virginia including the identification of the number of children and youth served statewide in after school programs, identification of provider programs and service regions, the need for after school programs in the state, the identification and description of the needs of providers in sustaining high quality programs, and a description of current funding streams supporting after school programs; (ii) creating a plan to establish a network of partners engaged in after school programs for school age children and youth to promote practices which are high quality and programs that are accessible and sustainable; and (iii) developing recommendations for ensuring access to high quality after school programs for all school age children in the State; and, be it
Further Resolved, That the West Virginia After School Partnership is requested to provide recommendations for public policies to increase the availability and improve the sustainability of high quality after school programs and identify funding sources to further the work of the Partnership from public and private sectors; and, be it
Further Resolved, That the West Virginia Department of Education, the Office of the Secretary of Education and the Arts and the West Virginia University Extension Service (4-H, Youth Development Program Unit) are requested to report to the Governor and Legislature on the West Virginia After School Partnership during the 2006 Legislative session.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
S. B. 104, Repealing section of code relating to working prisoners by county commissions,
Com. Sub. for S. B. 226, Relating to cross-reporting when abuse or neglect of individuals or animals suspected; penalties,
S. B. 491, Repealing article establishing compact for out-of-state parolee supervision,
S. B. 657, Providing exemption to time limit for filing petition to appeal decision of Tax Commission,
And,
S. B. 692, Removing provision certain municipal officers required to have paid real or property taxes prior to election.
On the passage of the bills, the yeas and nays were taken (Roll No. 415), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (S. B. 104, Com. Sub. for S. B. 226, S. B. 491, S. B. 657 and S. B. 692) passed.
Delegate Staton moved that S. B. 104 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 421), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 104) takes effect from its passage.
Delegate Staton moved that S. B. 491 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 422), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 491) takes effect from its passage.

Delegate Staton moved that S. B. 692 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 423), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 692) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills.

Second Reading

Com. Sub. for S. B. 19, Eliminating Advisory Board to Secretary of Department of Health and Human Resources and adding Office of Inspector General; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 213, Continuing Oral Health Program; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two, section seven, by striking out everything following the section heading and inserting in lieu thereof the following:
"
Pursuant to the provisions of article ten, chapter four of this code, the Oral Health Program shall continue to exist until the first day of July, two thousand seven, unless sooner terminated, continued or reestablished."
The bill was then ordered to third reading.
S. B. 235, Relating to National Animal Identification System; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 240, Granting state employees paid leave for organ donation; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 281, Continuing Emergency Medical Services Advisory Council; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page five, section five a, by striking out everything after the section heading and inserting in lieu thereof the following:
"Pursuant to the provisions of article ten, chapter four of this code, the Emergency Medical Services Advisory Council shall continue to exist until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished."
There being no further amendments, the bill was then ordered to third reading.
S. B. 347, Authorizing rules of Higher Education Policy Commission and Council for Community and Technical College Education; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 424, Relating to conservation and preservation easements; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1. PERSONAL REPRESENTATIVES.
§44-1-29. Authority of personal representative concerning conservation and preservation easements.

(a) A personal representative, trustee, administrator or executor of a decedent or a decedent's estate is hereby granted the authority to:
(1) Sell a conservation or preservation easement created prior to the decedent's death under article twelve, chapter eight-a of this code or article twelve, chapter twenty of this code;
(2) Donate a conservation or preservation easement created prior to the decedent's death under article twelve, chapter eight-a of this code or article twelve, chapter twenty of this code;
(3) Amend a conservation or preservation easement created prior to the decedent's death under article twelve, chapter eight-a of this code or article twelve, chapter twenty of this code and recorded on the decedent's real property, in order to obtain the benefit of the estate tax exclusion allowed under §2031(c)of the United States Internal Revenue Code of 1986, as amended;
(4) Execute a deed of conservation or preservation easement and related documents when decedent's application to establish and convey an easement was approved by a holder during the nine month period preceding the date of decedent's death, but the deed of conservation or preservation easement and related documents were not signed by the decedent before his or her death: Provided, That before executing these documents the personal representative, trustee or executor complies with the provisions of subsection (b) of this section; or,
(5) Execute a deed of conservation or preservation easement and related documents when decedent's application to establish and convey an easement was submitted to a holder before decedent's death but is approved by a holder after the decedent's death: Provided, That before executing these documents the personal representative, trustee, administrator or executor complies with the provisions of subsection (b) of this section.
(b) The personal representative, trustee, administrator or executor shall ensure that the sale, donation, amendment or transfer of a conservation or preservation easement complies with the following:
(1) The proposed sale, donation, transfer or amendment satisfies the requirements set forth in the provisions of article twelve, chapter eight-a, or article twelve, chapter twenty of this code, as applicable to the particular easement;
(2) The proposed sale, donation, transfer or amendment is to a qualified conservation organization or holder, and the organization or holder agrees to accept the conservation or preservation easement; and,
(3) The sale, donation, transfer or amendment meets one of the following conditions:
(A) All heirs, beneficiaries and devisees with interests in the real estate affected provide written consent; or
(B) The will or other testamentary instrument directs the personal representative, trustee, or executor to sell or donate the conservation or preservation easement; or
(C) At the time of the decedent's death, the decedent had a pending application for a sale or donation of a conservation or preservation easement, and such conservation or preservation easement was in process of settlement."
There being no further amendments, the bill was then ordered to second reading.
S. B. 531, Relating to Hospice Licensure Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 550, Designating certain rural hospitals for Medicare Critical Access Hospital Program; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.
§16-5B-14. The Critical Access Hospital Designation Act.

A hospital located in an urban area (Metropolitan Statistical Areas (MSA) County), can be considered rural for the purposes of a designation as a critical access hospital pursuant to 42 U.S.C. § 1395i-4(c)(2), if it meets the following criteria:
(1) Is enrolled as both a Medicaid and Medicare provider and accepts assignment for all Medicaid and Medicare patients;
(2) Provides emergency health care services to indigent patients;
(3) Maintains 24-hour emergency services; and
(4) Is located in a county that has a rural population of fifty percent or greater as determined by the most recent United States decennial census."
There being no further amendments, the bill was then ordered to third reading.
S. B. 664, Providing county clerk assist Secretary of State in determining validity of nominating petitions; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §3-5-23 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and §3-9-18 of said code be amended and reenacted, all to read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-23. Certificate nominations; requirements and control; penalties.
(a) Groups of citizens having no party organization may nominate candidates for public office otherwise than by conventions or primary elections. In such the case, the candidate or candidates, jointly or severally, shall file a declaration with the Secretary of State if the office is to be filled by the voters of more than one county, or with the clerk of the circuit court of the county if the office is to be filled by the voters of one county or political subdivision thereof; such the declaration to be filed at least thirty days prior to the time of filing the certificate provided by section twenty-four of this article: Provided, That the deadline for filing the certificate for persons seeking ballot access as a candidate for the office of president or vice president shall be filed not later than the first day of August preceding the general election. At the time of filing of such the declaration, each candidate shall pay the filing fee required by law, and if such the declaration is not so filed or the filing fee so paid, the certificate shall not be received by the Secretary of State, or clerk of the circuit court, as the case may be.
(b) The person or persons soliciting or canvassing signatures of duly qualified voters on such the certificate or certificates, may solicit or canvass duly registered voters residing within the county, district or other political division represented by the office sought, but must first obtain from the clerk of the county commission credentials which must be exhibited to each voter canvassed or solicited, which credentials may be in the following form or effect:
State of West Virginia, County of ................., ss:
This certifies that ..............................., whose post-office address is ..............................., the holder of this credential is hereby authorized to solicit and canvass duly registered voters residing in .................. (here place the county, district or other political division represented by the office sought) to sign a certificate purporting to nominate ............................ (here place name of candidate heading list on certificate) for the office of .......................... and others, at the general election to be held on ..................., 20....
Given under my hand and the seal of my office this ............... day of ........................., 20......
...............................................
Clerk, County Commission of ........... County.
The clerk of each county commission, upon proper application made as herein provided, shall issue such the credentials and shall keep a record thereof.
(c) The certificate shall be personally signed by duly registered voters, in their own proper handwriting or by their marks duly witnessed, who must be residents within the county, district or other political division represented by the office sought wherein such the canvass or solicitation is made by the person or persons duly authorized. Such signatures need not all be on one certificate. The number of such the signatures shall be equal to not less than two percent of the entire vote cast at the last preceding general election for the office in the state, district, county or other political division for which the nomination is to be made, but in no event shall the number be less than twenty-five. The number of such the signatures shall be equal to not less than two percent of the entire vote cast at the last preceding general election for any statewide, congressional or presidential candidate, but in no event shall the number be less than twenty-five. Where two or more nominations may be made for the same office, the total of the votes cast at the last preceding general election for the candidates receiving the highest number of votes on each ticket for such the office shall constitute the entire vote. No signature on such the certificate shall be counted unless it be that of a duly registered voter of the county, district or other political division represented by the office sought wherein such the certificate was presented. It shall be the duty of those soliciting signatures to read to each voter whose signature is solicited the statement written on the certificate which gives notice that no person signing such certificate shall vote at any primary election to be held to nominate candidates for office to be voted for at the election to be held next after the date of signing such certificate.
(d) Such certificates shall state the name and residence of each of such the candidates; that he or she is legally qualified to hold such the office; that the subscribers are legally qualified and duly registered as voters and desire to vote for such the candidates; and may designate, by not more than five words, a brief name of the party which such the candidates represent and may adopt a device or emblem to be printed on the official ballot. All candidates nominated by the signing of such the certificates shall have their names placed on the official ballot as candidates, as if otherwise nominated under the provisions of this chapter.
The Secretary of State shall prescribe the form and content of the nomination certificates to be used for soliciting signatures. The content shall include the language to be used in giving written and oral notice to each voter that signing of the nominating certificate forfeits that voter's right to vote in the corresponding primary election.
Offices to be filled by the voters of more than one county shall use separate petition forms for the signatures of qualified voters for each county.
(e) The Secretary of State, or the clerk of the circuit court, as the case may be, may investigate the validity of such the certificates and the signatures thereon. and if upon such If upon investigation there may be doubt as to the legitimacy and the validity of such the certificate, he or she may request the Attorney General of the state, or the prosecuting attorney of the county, to institute a quo warranto proceeding against the nominee or nominees by certificate to determine his or their right to such the nomination to public office, and upon request being made, the Attorney General or prosecuting attorney shall institute such the quo warranto proceeding. The clerk of the county commission shall, at the request of the Secretary of State or the clerk of the circuit court, compare the information from any certificate to the county voter registration records in order to assist in determining the validity of any certificates.
(f) Any person violating the provisions of this section, in addition to penalties prescribed elsewhere for violation of this chapter, is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars, or confined in jail for not more than one year, or both, in the discretion of the court: Provided, That no criminal penalty may be imposed upon anyone who signs a nomination certificate and votes in the primary election held after the date the certificate was signed.
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-18. Unlawful voting in primary elections; penalties.
Any person voting, in any primary election, any ticket of a party other than that of which he is registered as a member, and any election officer receiving the vote of any such person, knowing, or having reason to believe, that such voter is not a member of the party the ticket of which he is voting; or who, having signed or joined in any petition or certificate nominating any candidate for office, shall, at the primary election to be held to nominate candidates for the same office, vote at such primary election; shall in each instance be guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than one thousand dollars, or be confined in the county jail for not more than one year, or both, in the discretion of the court."
There being no further amendments, the bill was then ordered to third reading.
S. B. 667, Relating to motor fuel excise tax; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page eight, section nine, line one hundred thirty-three, following the colon, by striking out the words "Provided, That if the United States government, or any agency or instrumentality thereof, does not pay the seller the tax imposed by section five of this article on any purchase of tax previously paid motor fuel, the person selling the motor fuel to the United States government, or its agencies or instrumentalities, may then claim a refund of the variable rate of tax imposed by said section on those sales" and inserting in lieu thereof the words "Provided, That if the United States government, or any agency or instrumentality thereof, does not pay the seller the tax imposed by section five of this article on any purchase of motor fuel, the person selling tax previously paid motor fuel to the United States government, or its agencies or instrumentalities, may then claim a refund of the variable rate of tax imposed by said section on those sales".
There being no further amendments, the bill was then ordered to 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 S. B. 191, Relating to implementation of modified mental hygiene procedures,
S. B. 583, Relating to appealing orders from family court to circuit court,
S. B. 640, Allowing notary public and commissioner use stamped imprint,
S. B. 669, Transferring certain election duties from circuit clerk to clerk of county commission,
And,
S. B. 699, Relating to shareholders' simultaneous participation in corporate meeting.
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 S. B. 191, on 1st reading, Consent Calendar, to the House Calendar, by Delegate Trump.
Com. Sub. for S. B. 456, on 1st reading, Consent Calendar, to the House Calendar, by Delegates Webster and Amores.
S. B. 669, on 1st reading, Consent Calendar, to the House Calendar, by Delegates Staton and Stalnaker.
S. B. 664, on 2nd reading, Consent Calendar, to the House Calendar, by Delegate Staton and Stalnaker.
And,
S. B. 667, on second reading, Consent Calendar, to the House Calendar, by Delegate Stalnaker.
Special Calendar

Unfinished Business

H. C. R. 52, Requesting the West Virginia Division of Highways to name the bridge on I-64 at the intersection of Rt. 219 in Lewisburg, Greenbrier County, West Virginia the "Gary Wayne Martini Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk.
The question now being on the adoption of the resolution, Delegates Michael and Mahan demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 424), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 52) 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. 76, Requesting the Joint Committee on Government and Finance to conduct a study regarding the state minimum wage rate and its effects; 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.
H. C. R. 78, Requesting that the Joint Committee on Government and Finance study the awarding of state contracts, loans, grants and industrial revenue bonds to companies outsourcing certain jobs; 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.
Com. Sub. for H. C. R. 79, Requesting that the Joint Committee on Government and Finance study the increasing drug problem in West Virginia ; 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. 253, Permitting Insurance Commissioner waive or reduce penalty for late filing of tax returns; 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. 425), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Spencer.
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 253) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 426), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Hatfield.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 253) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 256, Requiring insurance companies inform policyholders if flood damage not covered; 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. 427), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 256) passed.
An amendment to the title of the bill, recommended by the Committee on Banking and Insurance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 256 - "A Bill to repeal §33-22-2a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-17-6a; and to amend and reenact §33-22-2 of said code, all relating to flood insurance; requiring that certain insurance documents include a notice regarding the absence of flood insurance and the possible availability of flood insurance from other sources; requiring that farmer's mutual insurance companies include the notice; and making technical corrections to citations."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 268, Relating to underage possession of beer and liquor; penalty; 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. 428), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 268) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 459, Relating to reinsurance and insolvency liability; 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. 429), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 459) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 548, Relating to crime of assault and battery upon Public Service Commission motor carrier inspectors; 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. 430), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 548) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 684, Relating to imposition of tax on privilege of severing natural gas or oil; on third reading, coming up in regular order, with an amendment pending, was, on motion of Delegate Staton, laid over one day.
Second Reading

Com. Sub. for S. B. 107, Relating to hunting with dogs on land of another without permission; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 2. WILDLIFE RESOURCES.
§20-2-7. Hunting, trapping or fishing on lands of another; damages and compensation.
(a) It shall be is unlawful for any person to shoot, hunt, fish or trap upon the fenced, enclosed or posted grounds or lands of another person; or to peel trees or timber, build fires or do any other act or thing thereon in connection with or auxiliary to shooting, hunting, fishing or trapping on such lands without written permission in writing in his or her possession from the owner, tenant or agent of such the owner. and every person hunting, fishing, shooting or fowling upon such lands shall have in his possession such written permission when so doing.
(b) Any person who hunts, traps or fishes on land for the purpose of, or while hunting, trapping or fishing, shall, without the permission of the owner, tenant or agent of the owner is guilty of a misdemeanor and liable to the owner or person suffering damage for all costs and damages for: enter upon the land of another and while thereon shall kill (1) killing or injuring injure any domestic animal or fowl, or shall cut, destroy fowl; (2) cutting, destroying or damage damaging any bars, gates or fence or any part thereof, or shall of the property; or leave (3) leaving open any bars or gates thereon resulting in damage to the owner or occupant thereof, shall be guilty of a misdemeanor, and in addition shall be liable to the owner or person suffering such damage for all costs and damages resulting therefrom property.
It shall be lawful for the (c) The owner, lessee or the person entitled to the possession of such lands, or the agent thereof, to tenant or agent of the owner may arrest any such a person found violating this section and immediately take him or her before a justice of the peace for trial, and such magistrate. The owner, lessee, person or agent tenant or agent of the owner is hereby vested with all the powers and rights of a game protector conservation officer for such these purposes. The officers charged with the enforcement of the provisions of this chapter shall have the duty to enforce the provisions of this section if requested to do so by such the owner, lessee, person or agent tenant or agent of the owner, but not otherwise.
(d) The provisions of subsections (b) and (c) of this section related to criminal penalties and being subject to arrest are inapplicable to a person whose dog, without the person's direction or encouragement, travels onto the fenced, enclosed or posted land of another in pursuit of an animal or wild bird:
Provided, That the pursuit does not result in the taking of game from the fenced, enclosed or posted land, and does not result in the killing of domestic animals or fowl or other damage to or on the fenced, enclosed or posted land."
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 154, Relating to beneficial use of water treatment plant sludge; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 214, Continuing Acupuncture Board; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two, section twenty, by striking out everything after the section heading and inserting in lieu thereof the following:
"Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Acupuncture Board shall continue to exist until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished."
There being no further amendments, the bill was then ordered to third reading.
S. B. 215 , Continuing Board of Accountancy; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two, section thirty two, by striking out everything after the section heading and inserting in lieu thereof the following:
"Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Board of Accountancy shall continue to exist until the first day of July, two thousand seven, unless sooner terminated, continued or reestablished."
There being no further amendments, the bill was then ordered to third reading.
Com. Sub. for S. B. 414, Relating to child passenger safety and booster seats; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 513, Relating to tax credits for qualified centers for economic development and technology advancement; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1. WEST VIRGINIA CAPITAL COMPANY ACT.
§5E-1-8. Tax credits.
(a) The total amount of tax credits authorized for a single qualified company may not exceed two million dollars. The total amount of tax credits authorized for a single economic development and technology advancement center may not exceed one million dollars. Capitalization of the company or center may be increased pursuant to rule of the authority.
(b)(1) The total credits authorized by the authority for all companies and centers may not exceed a total of ten million dollars each fiscal year: Provided, That for the fiscal year beginning on the first day of July, one thousand nine hundred ninety-nine, the total credits authorized for all companies may not exceed a total of six million dollars: Provided, however, That for the fiscal year beginning on the first day of July, two thousand, the total credits authorized for all companies may not exceed a total of four million dollars: Provided further, That for the fiscal year beginning on the first day of July, two thousand one, the total credits authorized for all companies may not exceed a total of four million dollars: And provided further, That for the fiscal year beginning on the first day of July, two thousand two, the total credits authorized for all companies may not exceed a total of three million dollars: And provided further, That for the fiscal year beginning on the first day of July, two thousand three, the total credits authorized for all companies may not exceed a total of three million dollars: And provided further, That for the fiscal year beginning on the first day of July, two thousand four, the total credits authorized for all companies may not exceed a total of one million dollars: And provided further, That for the fiscal year beginning on the first day of July, two thousand five, there shall be no credits authorized: And provided further, That the capital base of any qualified company other than an economic development and technology advancement center qualified under the provisions of article twelve-a, chapter eighteen-b of this code shall be invested in accordance with the provisions of this article. The authority shall allocate these credits to qualified companies and centers in the order that the companies are qualified.
(2) Not more than two million dollars of the credits allowed under subdivision (1) of this subsection may be allocated by the authority during each fiscal year to one or more small business investment companies described in this subdivision: Provided, That for the fiscal year beginning on the first day of July, two thousand four, and for the fiscal year beginning on th first day of July, two thousand five, no credits authorized by this section may be allocated by the authority to one or more small business investment companies. After a portion of the credits are allocated to small business investment companies as provided in this section, not more than one million dollars of the credits allowed under subdivision (1) of this subsection may be allocated by the authority during each fiscal year to one or more economic development and technology advancement centers qualified by the authority under article twelve-a, chapter eighteen-b of this code: Provided, however, That for the fiscal year beginning on the first day of July, two thousand four, all of the credits allowed under subdivision (1) of this subsection shall be allocated only to one or more qualified economic development and technology advancement centers: Provided further, That for the fiscal year beginning on the first day of July, two thousand five, no credits allowed under subdivision (1) of this subsection shall be allocated to any qualified economic development and technology advancement center. The remainder of the tax credits allowed during the fiscal year shall be allocated by the authority under the provisions of section four, article two of this chapter: Provided further, That for the fiscal year beginning on the first day of July, two thousand four, and for the fiscal year beginning on the first day of July, two thousand five, no credits authorized by this section may be allocated by the authority to a taxpayer pursuant to the provisions of section four, article two of this chapter. The portion of the tax credits allowed for small business investment companies described in this subdivision shall be allowed only if allocated by the authority during the first ninety days of the fiscal year and may only be allocated to companies that: (A) Were organized on or after the first day of January, one thousand nine hundred ninety-nine; (B) are licensed by the small business administration as a small business investment company under the small business investment act; and (C) have certified in writing to the authority on the application for credits under this act that the company will diligently seek to obtain and thereafter diligently seek to invest leverage available to the small business investment companies under the small business investment act. These credits shall be allocated by the authority in the order that the companies are qualified. The portion of the tax credits allowed for economic development and technology advancement centers described in article twelve-a, chapter eighteen-b of this code shall be similarly allowed only if allocated by the authority during the first ninety days of the fiscal year. Any credits which have not been allocated to qualified companies meeting the requirements of this subdivision relating to small business investment companies or to qualified economic development and technology advancement centers during the first ninety days of the fiscal year shall be made available and allocated by the authority under the provisions of section four, article two of this chapter: And provided further, That for the fiscal year beginning on the first day of July, two thousand four, and for the fiscal year beginning on the first day of July, two thousand five, no credits authorized by this section may be allocated by the authority to a taxpayer pursuant to the provisions of section four, article two of this chapter.
(3) Notwithstanding any provision of this code or legislative rule promulgated thereunder to the contrary, for the fiscal year beginning on the first day of July, two thousand four, and for the fiscal year beginning on the first day of July, two thousand five, the authority has the sole discretion to allocate or refuse to allocate tax credits authorized under this section to any qualified economic development and technology advancement center upon its determination of the extent to which the center will fulfill the purposes of this article. The determination shall be based upon the application of the center, the extent to which the company or center fulfilled those purposes in prior years after receiving tax credits authorized under this section, the extent to which the center is expected to stimulate economic development and high technology research in the chemical industry and such other similarly related criteria as the authority may establish by vote of the majority of authority.
(c) Any investor, including an individual, partnership, limited liability company, corporation or other entity who makes a capital investment in a qualified West Virginia capital company, is entitled to a tax credit equal to fifty percent of the investment, except as otherwise provided in this section or in this article: Provided, That the tax credit available to investors who make a capital investment in an economic development and technology advancement center shall be one hundred percent of the investment. The credit allowed by this article shall be taken after all other credits allowed by chapter eleven of this code. It shall be taken against the same taxes and in the same order as set forth in subsections (c) through (i), inclusive, section five, article thirteen-c, chapter eleven of this code. The credit for investments by a partnership, limited liability company, a corporation electing to be treated as a subchapter S corporation or any other entity which is treated as a pass through entity under federal and state income tax laws may be divided pursuant to election of the entity's partners, members, shareholders or owners.
(d) The tax credit allowed under this section is to be credited against the taxpayer's tax liability for the taxable year in which the investment in a qualified West Virginia capital company or economic development and technology advancement center is made. If the amount of the tax credit exceeds the taxpayer's tax liability for the taxable year, the amount of the credit which exceeds the tax liability for the taxable year may be carried to succeeding taxable years until used in full or until forfeited: Provided, That: (i) Tax credits may not be carried forward beyond fifteen years; and (ii) tax credits may not be carried back to prior taxable years. Any tax credit remaining after the fifteenth taxable year is forfeited.
(e) The tax credit provided for in this section is available only to those taxpayers whose investment in a qualified West Virginia capital company or economic development and technology advancement center occurs after the first day of July, one thousand nine hundred eighty-six.
(f) The tax credit allowed under this section may not be used against any liability the taxpayer may have for interest, penalties or additions to tax.
(g) Notwithstanding any provision in this code to the contrary, the tax commissioner shall publish in the state register the name and address of every taxpayer and the amount, by category, of any credit asserted under this article. The categories by dollar amount of credit received are as follows:
(1) More than $1.00, but not more than $50,000;
(2) More than $50,000, but not more than $100,000;
(3) More than $100,000, but not more than $250,000;
(4) More than $250,000, but not more than $500,000;
(5) More than $500,000, but not more than $1,000,000; and
(6) More than $1,000,000."
There being no further amendments, the bill was then ordered to third reading.
S. B. 582, Granting concurrent jurisdiction to family court and circuit court to set support in abuse and neglect cases; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill, and inserting in lieu thereof the following:
"That §51-2A-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2A. FAMILY COURTS.
§51-2A-2. Family court jurisdiction; exceptions; limitations.
(a) The family court shall exercise jurisdiction over the following matters:
(1) All actions for divorce, annulment or separate maintenance brought under the provisions of article three, four or five, chapter forty-eight of this code except as provided in subsections (b) and (c) of this section;
(2) All actions to obtain orders of child support brought under the provisions of articles eleven, twelve and fourteen, chapter forty-eight of this code;
(3) All actions to establish paternity brought under the provisions of article twenty-four, chapter forty-eight of this code and any dependent claims related to such actions regarding child support, parenting plans or other allocation of custodial responsibility or decision-making responsibility for a child;
(4) All actions for grandparent visitation brought under the provisions of article ten, chapter forty-eight of this code;
(5) All actions for the interstate enforcement of family support brought under article sixteen, chapter forty-eight of this code and for the interstate enforcement of child custody brought under the provisions of article twenty of said chapter;
(6) All actions for the establishment of a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child, including actions brought under the uniform child custody jurisdiction and enforcement act, as provided in article twenty, chapter forty- eight of this code;
(7) All petitions for writs of habeas corpus wherein the issue contested is custodial responsibility for a child;
(8) All motions for temporary relief affecting parenting plans or other allocation of custodial responsibility or decision-making responsibility for a child, child support, spousal support or domestic violence;
(9) All motions for modification of an order providing for a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child or for child support or spousal support;
(10) All actions brought, including civil contempt proceedings, to enforce an order of spousal or child support or to enforce an order for a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child;
(11) All actions brought by an obligor to contest the enforcement of an order of support through the withholding from income of amounts payable as support or to contest an affidavit of accrued support, filed with the circuit clerk, which seeks to collect an arrearage;
(12) All final hearings in domestic violence proceedings;
(13) Petitions for a change of name, exercising concurrent jurisdiction with the circuit court;
(14) All proceedings for payment of attorney fees if the family court judge has jurisdiction of the underlying action;
(15) All proceedings for property distribution brought under article seven, chapter forty-eight of this code;
(16) All proceedings to obtain spousal support brought under article eight, chapter forty-eight of this code; and
(17) All proceedings relating to the appointment of guardians or curators of minor children brought pursuant to sections three, four and six, article ten, chapter forty-four of this code, exercising concurrent jurisdiction with the circuit court; and
(18) Concurrently with the circuit court, all proceedings to set support obligations in cases arising under the provisions of articles five, six and seven, chapter forty-nine of this code.
(b) If an action for divorce, annulment or separate maintenance does not require the establishment of a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child and does not require an award or any payment of child support, the circuit court has concurrent jurisdiction with the family court over the action if, at the time of the filing of the action, the parties also file a written property settlement agreement executed by both parties.
(c) If an action for divorce, annulment or separate maintenance is pending and a petition is filed pursuant to the provisions of article six, chapter forty-nine of this code alleging abuse or neglect of a child by either of the parties to the divorce, annulment or separate maintenance action, the orders of the circuit court in which the abuse or neglect petition is filed shall supercede and take precedence over an order of the family court respecting the allocation of custodial and decision-making responsibility for the child between the parents. If no order for the allocation of custodial and decision-making responsibility for the child between the parents has been entered by the family court in the pending action for divorce, annulment or separate maintenance, the family court shall stay any further proceedings concerning the allocation of custodial and decision-making responsibility for the child between the parents and defer to the orders of the circuit court in the abuse or neglect proceedings.
(d) A family court is a court of limited jurisdiction. A family court is a court of record only for the purpose of exercising jurisdiction in the matters for which the jurisdiction of the family court is specifically authorized in this section and in chapter forty-eight of this code. A family court may not exercise the powers given courts of record in section one, article five of this chapter or exercise any other powers provided for courts of record in this code unless specifically authorized by the Legislature. A family court judge is not a 'judge of any court of record' or a 'judge of a court of record' as the terms are defined and used in article nine of this chapter."
There being no further amendments, the bill was then ordered to third reading.
S. B. 616, Relating to priority of legislative business for members and certain employees of Legislature; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Amores, the bill was amended on page one, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §4-1-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said Code be further amended, by adding thereto a new article, designated §4-1A-1, §4-1A- 2, §4-1A-3, §4-1A-4, §4-1A-5, §4-1A-6, §4-1A-7, §4-1A-8, §4-1A-9, §4-1A-10, §4-1A-11, §4-1A- 12, §4-1A-13, §4-1A-14, §4-1A-15, and §4-1A-16, all to read as follows:
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS; INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.

§4-1-17. Priority of legislative business for members and designated employees.
(a) In accordance with the constitutional separation of powers and principles of comity, it is the purpose of this section to provide that members of the Legislature and certain designated legislative employees are not required to attend to matters pending before tribunals of the executive and judicial branches of government when the timing of those matters may present conflicts with the discharge of the public duties and responsibilities that are incumbent upon members or employees of the Legislature. During legislative sessions or meetings and for reasonable time periods before and after, the judicial and executive branches should refrain from requiring the personal presence and attention of a legislator or designated employee who is engaged in conducting the business of the Legislature.
(b) For the purposes of this section, the words or terms defined in this subsection have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context.
(1) 'Applicable time period' means and includes the following:
(A) The ten-day time period immediately before any regular or extraordinary session of the Legislature;
(B) The time period during any regular or extraordinary session of the Legislature;
(C) The thirty-day time period immediately following the adjournment sine die of any regular or extraordinary session of the Legislature;
(D) The four-day time period before any interim meetings of any committee of the Legislature or before any party caucus;
(E) The time period during any interim meetings of the Legislature or any party caucus; or
(F) The four-day time period following the conclusion of any interim meetings of any committee of the Legislature or party caucus.
(2) 'Designated employee' means any legislative employee designated in writing by the Speaker of the West Virginia House of Delegates to the Clerk of the House of Delegates or by the President of the West Virginia Senate to the Clerk of the West Virginia Senate to be necessary to the operation of the Legislature, such that the legislative employee will be afforded the protections of this section.
(3) 'Member' means a member of the West Virginia House of Delegates or the West Virginia Senate.
(4) 'Tribunal' means a judicial or quasijudicial entity of the judicial or executive branch of government, or any legislative, judicial or quasijudicial entity of a political subdivision, created or authorized under the Constitution or laws of this state.
(c) A notice filed with a tribunal pursuant to subsection (e) of this section operates as an automatic stay of a judicial or administrative action or proceeding commenced before or after the notice was filed. The automatic stay is in force for the applicable time period or periods described in the notice unless it is otherwise waived in accordance with the provisions of subsection (f) of this section. In the event a session or meeting of the Legislature is extended, the notice may be amended to reflect a longer applicable time period. The filing of the notice and the automatic stay do not prohibit the commencement of an action or proceeding, the issuance or employment of process, or other preliminary procedures that do not require the presence or personal attention of the member or designated employee.
(d) During any applicable time period, a member or designated employee who does not otherwise consent to a waiver of the stay is not required to do any of the following:
(1) Appear in any tribunal, whether as an attorney, party, witness or juror;
(2) Respond in any tribunal to any complaint, petition, pleading, notice or motion that would require a personal appearance or the filing of a responsive pleading;
(3) File in any tribunal any brief, memorandum or motion;
(4) Respond to any motion for depositions upon oral examination or written questions;
(5) Respond to any written interrogatories, request for production of documents or things, request for admissions or any other discovery procedure, whether or not denominated as such; or
(6) Appear or respond to any other act or thing in the nature of those described in subdivision (1), (2), (3), (4) or (5) of this subsection; or
(7) Make any other appearance before a tribunal or attend to any other matter pending in a tribunal that in the discretion of the member or designated employee would inhibit the member or designated employee in the exercise of the legislative duties and responsibilities owed to the public.
(e) A member or designated employee who desires to exercise the protections afforded by this section shall not be required to appear in any tribunal to assert the protections. In all cases, it shall be sufficient if the member or designated employee notifies the tribunal in question orally or in writing, stating that he or she is invoking the protections of this section, describing the action, proceeding or act to be stayed, and further identifying the applicable period or periods for which the notice will operate as a stay. An oral communication with the tribunal shall be followed by a written notice or facsimile transmission to the tribunal mailed or transmitted no later than two business days after the oral communication. From the time of the oral communication or the mailing or transmission of the written notice, whichever is earlier, the notice operates as a stay of all proceedings in the pending matter until the applicable time periods have passed and expired.
(f) Notwithstanding the filing of a notice that operates as a stay, a member or designated employee may later consent to waive the stay and make an appearance or attend to a matter that would otherwise be stayed. However, a waiver as to a particular appearance or act does not terminate, annul, modify or condition the stay for any other purpose.
(g) The deference afforded by this section to members and designated employees who are serving a client in a representative capacity is also fully and completely extended to their clients, so that no person whose representative before a tribunal is a member or designated employee may be required, during any applicable time period, to do anything that his or her representative is not required to do under subsection (d) of this section.
(h) Unless the member or designated employee consents thereto, no cocounsel, partner, associate, spouse or employee of the member or designated employee may be required to make any appearance or do any act during any applicable time period in the place and stead of the member or designated employee.
(i) Any sentence, judgment, order, decree, finding, decision, recommendation or award made contrary to the provisions of this section in any action or proceeding in any tribunal, without the consent of the member or designated employee, is void.
(j) Tribunals of the federal government and those of other states are requested to honor the spirit and purpose of this section pursuant to the doctrines of comity and federalism. Further, it is the policy of this state that tribunals of this state shall afford to legislators and staff personnel of the federal government and other states the protections afforded by the provisions of this section if the tribunals of the federal government and the other jurisdictions afford members or designated employees of the West Virginia Legislature the same protections in their tribunals.
ARTICLE 1A. LEGISLATIVE IMMUNITY.
§4-1A-1. Purpose; legislative findings and declarations.

(a) The purpose of this article is to describe the scope and limitations of legislative immunity provided by:
(1) English common law;
(2) The Speech or Debate Clause of the United States Constitution, Article I, Section 6;
(3) Decisions regarding Legislative immunity as developed in Federal Common law by the federal judiciary in interpreting the Speech or Debate Clause of the United States Constitution, Article I, Section 6;
(5) The Speech or Debate Clause of the West Virginia Constitution, Article VI, Section 17;
(6) The Separation of Powers Doctrine and the system of checks and balances embodied in the United States Constitution; and
(7) The Division of Powers set forth in the West Virginia Constitution, Article V, Section 1.
(b) The Legislature finds and declares as follows:
(1) That the privilege of Speech or Debate has been recognized as an important protection of the independence and integrity of the Legislature.
(2) That the ancestry of this privilege traces back to a clause in the English Bill of Rights of 1689, and the history traces even further back, almost to the beginning of the development of the English Parliament as an independent force.
(3) That in the American governmental structure, privileges arising under the Speech or Debate Clause reinforce the Separation of Powers Doctrine and the system of checks and balances that was so deliberately established by the founding fathers and was carried over into the West Virginia Constitution.
(4) That the protections provided by the Speech or Debate Clause and the Separation of Powers Doctrine were not written into the national and state Constitutions simply for the personal or private benefit of members of Congress, the state Legislatures and local governing bodies, but were intended to protect the integrity of the legislative process by insuring the independence of individual legislators.
§4-1A-2. Applicability of definitions.
For the purposes of this article, the words or terms defined in this article have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context.
§4-1A-3. Legislative act defined.
'Legislative act' means an act that is generally to be performed by the Legislature in relation to the investigative, deliberative and decision-making business before it. A 'legislative act':
(1) Is an integral part of the processes by which members participate in proceedings that come before the Senate or House of Delegates or a committee thereof, and
(2) Relates to the consideration and passage or rejection of proposed legislation, or
(3) Relates to other matters that constitutional law places within the jurisdiction of either the Senate, the House of Delegates or the legislative branch of state government as a whole.
§4-1A-4. Legislative sphere defined.
The 'legislative sphere' includes all activities that are an integral part of the deliberative and communicative processes by which members of the legislature participate in committee and house proceedings with respect to the consideration and passage or rejection of proposed legislation or with respect to other matters which the Constitution places within the jurisdiction of either house.
§4-1A-5. Political act defined.
'Political act' means an act, nonetheless legitimate, that is political in nature rather than being a legislative act as defined in section three of this article.
§4-1A-6. Scope of legislative immunity generally.
(a) Legislative immunity, affording protection under the Separation of Powers Doctrine and the Speech or Debate privilege, extends to all of a legislator's legislative acts, as defined in section three of this article.
(b) The Speech or Debate privilege, when it applies, is absolute and has two aspects:
(1) A member of the Legislature has immunity extending both to civil suits and criminal prosecutions for all actions within the legislative sphere, even though the conduct, if performed in other than a legislative context, would in itself be unconstitutional or otherwise contrary to criminal or civil statutes; and
(2) A member of the Legislature is provided a testimonial privilege that operates to protect those to whom it applies from being compelled to give testimony as to privileged matters and from being compelled to produce privileged documents.
§4-1A-7. Legislative immunity in specific instances.
The scope of legislative immunity includes, but is not limited to, the following legislative acts:
(1) Introducing and voting for legislation;
(2) Failing or refusing to vote or enact legislation;
(3) Voting to seat or unseat a member;
(4) Voting on the confirmation of an executive appointment;
(5) Making speeches;
(6) Enforcing the rules of the Senate or House of Delegates or the joint rules of the Legislature;
(7) Serving as a member of a committee or subcommittee;
(8) Conducting hearings and developing legislation;
(9) Investigating the conduct of executive agencies;
(10) Publishing and distributing reports;
(11) Composing and sending letters;
(12) Drafting memoranda and documents;
(13) Lobbying other legislators to support or oppose legislation;
(14) Abolishing personnel positions; and
(15) Hiring and firing employees.
§4-1A-8. Actions taken without lawful authority are not immune.
Legislative immunity does not extend to activities by legislators that are without lawful authority under constitutional law, statutory law, or rules of the legislature, including, but not limited to, the following:
(1) Using an unconstitutional procedure to enact legislation;
(2) Conducting an illegal investigation or an unlawful search or seizure;
(3) Performing another otherwise valid legislative act without proper legislative authority;
(4) Filing a false or incomplete report, disclosure or claim regarding an otherwise valid legislative act; or
(5) Using legislative office for private gain in violation of the provisions of chapter six-b of this code that define and enforce governmental ethics.
§4-1A-9. Political acts are not privileged.
Legislative immunity does not extend to political acts, including, but not limited to, the following:
(1) Communications to the press through letters, electronic mail, newsletters or news releases: Provided, That the release of pending legislation, committee reports, journals, acts and other official legislative reports and documents is a legitimate legislative activity;
(2) Privately releasing a republication of a speech made within the legislative sphere;
(3) Holding a press conference;
(4) Making speeches or giving interviews outside of the legislative sphere; or
(5) Assisting a constituent or supporter through constituent services, including, but not limited to, making appointments with government agencies, attempting to influence discretionary acts of a government officer, or providing assistance in securing government contracts.
§4-1A-10. Administrative acts are not immune.
(a) Legislative immunity does not extend to activities by legislators that are administrative in nature rather than legislative. If the underlying facts on which a decision is based are legislative facts involving establishment of a general policy or state of affairs, then the decision is legislative. If the facts used in the decision-making are more specific, such as those that relate to particular individuals or situations, then the decision is administrative.
(b) With regard to legislative personnel matters, whether a personnel decision regarding a legislative employee is shielded by legislative immunity depends upon the nature of the duties of the employee about whom the personnel decision is made. Personnel decisions regarding a legislative employee are afforded immunity if the employee's duties are directly related to the functioning of the legislative process, and the duties:
(1) Involve work that significantly informs or influences the shaping of laws, such as when the employee has an opportunity for meaningful input into the legislative process; or
(2) Are peculiar to a legislator's work as a legislator or intimately cognate to the legislative process.
§4-1A-11. Certain offers of proof about legislative activities not prohibited.
(a) Proof of a person's status as a member of the Legislature is not prohibited.
(b) A member of the Legislature who chooses to offer evidence of legislative acts as a defense to a criminal prosecution has not been 'questioned,' even though the member thereby subjects himself or herself to cross-examination.
§4-1A-12. Legislative acts of legislative staff, aides or assistants.
Legislative immunity extends to legislative staff, aides or assistants working on behalf of a legislator. Inquiry is prohibited into things done as a legislator's staff member, aide or assistant which would have been legislative acts if performed by the legislator personally.
§4-1A-13. Legislative immunity from ultimate relief.
Legislative immunity may be invoked to shield a legislator from judicially ordered relief, including, but not limited to the following:
(1) Criminal prosecution for his or her legislative acts;
(2) Liability for damages for his or her legislative acts;
(3) Declaratory judgments;
(4) Injunctive relief; and
(5) Extraordinary writs.
§4-1A-14. Testimonial immunity.
(a) Testimonial immunity is an aspect of legislative immunity that protects a legislator from questioning elsewhere than in the legislative forum.
(b) When a legislator has been improperly questioned before a grand jury concerning legislative acts, the counts in a criminal indictment that are based on the testimony must be dismissed.
(c) When a legislator is found to be immune from a civil complaint, the relief to be granted is to have the complaint dismissed or to have a writ of prohibition issued to stop further proceedings.
(d) In the case of a subpoena that seeks to improperly question a legislator's conduct as to legislative acts, to depose a legislator or to seek disclosure as to any matters pertaining to the memoranda, documents or actions by a legislator which are or were in connection with the legislative process, the subpoenas may be quashed or the court may grant a motion for a protective order.
§4-1A-15. Right to interlocutory appeal.
Denial of a claim of legislative immunity is immediately appealable under the collateral order doctrine because the Speech or Debate Clause is designed to protect legislators not only from the consequences of litigation's results but also from the burden of defending themselves.
§4-1A-16. Common law regarding legislative immunity not affected by the enactment of this article.

The Legislature of the state of West Virginia, in codifying certain elements and doctrines of the common law regarding legislative immunity through the enactment of this article, does not intend to narrow the common law definition of legislative immunity that is afforded the Legislature under the speech or debate privilege and the separation or division of powers, and does not, with the enactment of this article, otherwise revoke or abrogate any portion of the common law. This article shall not be construed so as to narrow, restrict, revoke or abrogate the common law."
Delegate Frich requested the Clerk to record her as voting "Nay" on the adoption of the foregoing amendment.
There being no further amendments, the bill was then ordered to third reading.
S. B. 639, Defining "electronic postmark"; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, section one, line twenty-seven, following the word "proof" by inserting the words "that an electronic document existed in a certain form at a certain time and".
And,
On page seven, section three, line thirty-nine, following the word "postmarks" by inserting a new subsection, designated subsection (d), to read as follows:
"(d) Nothing contained in this article may be construed to authorize the use of electronic signatures, electronic postmarks, or both, to effect service of a summons and complaint."
There being no further amendments, the bill was then ordered to third reading.
The following bills on second reading, coming up in regular order, were each read a second time and ordered to third reading:
S. B. 644, Defining certain terms used in consumers sales and service tax,
S. B. 650, Relating to small claims hearings by Office of Tax Appeals,
S. B. 731, Making supplementary appropriation of federal funds to Department of Transportation, Division of Public Transit,
S. B. 732, Making supplementary appropriation from state fund to Department of Transportation, Aeronautics Commission,
S. B. 733, Making supplementary appropriation of federal funds to Department of Transportation, Aeronautics Commission,
S. B. 734, Making supplementary appropriation of federal funds to Miscellaneous Boards and Commissions, State Mapping and Addressing Board,
S. B. 739, Making supplementary appropriation to Department of Health and Human Resources, Division of Health, Hepatitis B Vaccine,
And,
S. B. 744, Clarifying criteria for employee to sustain lawsuit for intentional injury.
First Reading

Com. Sub. for S. B. 399, Relating to ability of physician to refuse to provide medical treatment in certain cases; on first reading, coming up in regular order, was read a first time and ordered to second reading:
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leave of absence for the day was granted Delegate Fragale.
Miscellaneous Business

Delegate Long announced that he was absent when the votes were taken on Roll Nos. 392 through 397 on March 31st and April 1st, and had he been present he would have voted "Yea" thereon.
At 1:12 p.m., on motion of Delegate Staton, the House of Delegates recessed until 7:30 p.m., and reconvened at that time.
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Evening Session

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Messages from the Executive

The Speaker laid before the House of Delegates a Proclamation from His Excellency, the Governor, which was read by the Clerk as follows:
State of West Virginia

EXECUTIVE DEPARTMENT

At Charleston

A PROCLAMATION

By the Governor

Whereas, The Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and
Whereas, Article VI, Section 22 of the Constitution of West Virginia provides that this regular session of the Legislature not exceed sixty calendar days computed from and including the second Wednesday of February; and
Whereas, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2005 regular session of the Legislature concludes on April 9, 2005; and
Whereas, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and
Whereas, Subsection D of said section requires the Governor to issue a proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been fully acted upon by the Legislature three days before the expiration of its regular session; and
Whereas, The Legislature has not finally acted upon the Budget Bill three days before the expiration of this current regular session of the State Legislature.
NOW, THEREFORE, I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, do hereby issue the following proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of West Virginia, extending this regular session of the State Legislature for consideration of the Budget Bill for a period not to exceed six days beyond the conclusion of this regular session, including any extension thereof, under the provisions of Article VI, Section 22 of the Constitution of West Virginia; but no matters other than the Budget Bill and a provision for the cost of said extended session shall be considered during this extension of the session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State of West Virginia, on this the sixth day of April, in the year of our Lord, Two Thousand Five, and in the One Hundred Forty-Second year of the State.
Joe Manchin III

Governor.

By the Governor
Betty Ireland,
Secretary of State
At the request of Delegate Staton, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 751, Making supplementary appropriation to Department of Transportation, Division of Motor Vehicles,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 751) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 433, Increasing membership of Environmental Protection Advisory Council,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 433) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on the Judiciary..
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 558, Relating to management and investment of public funds,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 588) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 498, Clarifying responsibility of Prosecuting Attorneys Institute; other provisions,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 498) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 439, Exempting certain carriers of solid waste from certificate of convenience requirements,
And reports the same back, without recommendation as to its passage, but that it be taken up and read a first time prior to being recommitted to the Committee on Government Organization.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 439) was taken up for immediate consideration, read a first time, ordered to second reading and then recommitted to the Committee on Government Organization.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 728, Relating to disposition of state surplus property,
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 Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 728) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
On motion for leave, a resolution was introduced (Originating in the Committee on Agriculture and Natural Resources and reported with the recommendation that it be adopted, but first be referred to the Committee on Rules), which was read by its title, as follows:
By Delegates Stemple, Argento, Beach, Crozier, Eldridge, Louisos, Martin, Paxton, Poling, Tabb, Wells, Williams, Leggett, Overington, Romine, Hamilton and Anderson:

H. C. R. 91 - "Requesting the Joint Committee on Government and Finance to conduct a study of certain subjects relating to the State's Natural Resources."
Whereas, Albino deer are rare, in part, because being totally white makes concealment difficult; and
Whereas, Albinism is the total absence of body pigment and not all white deer are true albinos, some having normally pigmented noses, eyes and hooves and others having only patches of white hair; and
Whereas, Upland game birds consist of pheasants, quails and partridges; and
Whereas, Upland game bird hunting enthusiasts are dedicated hunters and have concerns about the continued hunting of upland game birds; and
Whereas, Resident landowners, their resident children and resident parents may hunt, trap or fish on their own land, regardless of the amount of land owned, during open season without obtaining a hunting license;
Whereas, Owners have the right to post their property with signs, but not otherwise, to prohibit hunting, trapping and fishing; and
Whereas, Conservation Officers have the responsibility to enforce all of the laws relating to the state's natural resource programs including wildlife resources, forests and wildlife areas, parks and recreations, motorboating and littering, along with certain arrest powers for acts committed on national forest lands, waters and parks, and U.S. Army Corps of Engineers property located within the borders of this State; and
Whereas, Litter detracts from the natural beauty of the State and there may be a need for increased litter control enforcement;
Whereas, It is the Legislature's intent to look into the advantages and disadvantages of hunting albino deer, stalking upland birds, and unlicensed landowner hunting, and the advantages, disadvantages and feasibility of posting property using paint, authorizing a volunteer litter reporting program and paying conservation officers on par with other state police; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the hunting of albino deer and upland birds; the posting of private property closed to hunting and resident landowner hunting; pay parity, including retirement pay, of conservation officers; and litter control enforcement; and, be it
Further Resolved, That the Joint Committee on Government and Finance report on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the next regular session of the Legislature; and, be it
Further Resolved, That the expenses necessary to carry out its duties, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Agriculture and Natural Resources and reported with the recommendation that it be adopted, but first be referred to the Committee on Rules), which was read by its title, as follows:
By Delegates Beach, Stemple, Tabb, Crozier, Argento, Eldridge, Ennis, Louisos, Martin, Paxton, Poling, Swartzmiller, Wells, Williams, Canterbury, Hamilton Leggett and Overington:

H. C. R. 92 - "Requesting the Joint Committee on Government and Finance to conduct a study of the production of bio-diesel fuels technology as it relates to animal wastes."
Whereas, the technology related to producing bio-diesel fuels exists within the State of West Virginia; and
Whereas, bio-diesel fuels can provide an alternative energy fuel method for both home and commercial applications; and
Whereas, bio-diesel fuels technology patents exist in part and as whole components;
Whereas, It is the Legislature's intent to look into the advantages, disadvantages and feasibility of using bio-diesels fuels as an alternative or extension of traditional fuels; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance conduct a study of the use and the economic value associated with the practical application of bio-diesel fuels from both a commercial and individual perspective; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation, be paid from legislative appropriations to the Joint Committee on Government and Finance.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
On motion for leave, resolutions were introduced (Originating in the Committee on Finance and reported with the recommendation that they be adopted), which were read by their titles, as follows:
By Delegates Michael, Doyle, Kominar, Stalnaker, Proudfoot, Ron Thompson, H. White, Cann, Williams, Palumbo, Frederick, Houston, Susman, Boggs, Varner, Hall, Anderson, Ashley, Carmichael, Evans and G. White:

H. C. R. 93 - "Providing for the issuance of not to exceed three hundred seventy-five million dollars of refunding bonds pursuant to the 'Safe Roads Amendment of 1996', article two-g, chapter thirteen and article twenty-six, chapter seventeen of the code of West Virginia."
Resolved by the Legislature of West Virginia:
That safe road refunding bonds in the principal amount not to exceed three hundred seventy- five million dollars are authorized to be issued by the State of West Virginia and sold by the Governor during the fiscal year ending the thirtieth day of June, two thousand five; and, be it
Further Resolved, That the bonds shall be issued in registered form, in such denominations, maturing at such times and bearing such date or dates as the Governor may determine: Provided, that the average maturity of the bonds to be issued shall not exceed the average maturity of the refunded bonds: Provided, however, that the refunding issue be structured to provide for approximately level annual debt service savings each fiscal year through the final maturity or that the refunding issue be structured to approximate the level of debt service that would have been paid prior to the refunding, with a preponderance of the savings being deferred toward eliminating or reducing the most distant maturities; and, be it
Further Resolved, That all such bonds shall be payable at the office of the Treasurer of the State of West Virginia, or at some bank in the city of Charleston to be designated by the Governor; and, be it
Further Resolved, That the bonds shall bear interest at rates and be payable in amounts as determined by the Governor; and, be it
Further Resolved, That the State Treasurer shall pay the principal and/or interest then due on the bonds to the registered owners thereon at the addresses shown by the record of registration; and, be it
Further Resolved, That the bonds shall be signed as provided in section two, article twenty- six, chapter seventeen of the code of West Virginia; and, be it
Further Resolved, That the bonds may be redeemable on such date or dates prior to maturity as determined by the Governor; and, be it
Further Resolved, That the Governor shall sell the bonds herein mentioned at such time or times in such amounts, not exceeding the aggregate principal amount described above, at such prices during the fiscal year as he may determine necessary to provide funds for the purposes provided below; and, be it
Further Resolved, That the net proceeds of sales of all bonds herein authorized shall be paid into a special and irrevocable trust fund, separate and apart from other funds of the State of West Virginia, to be held in the custody of an escrow trustee to be designated by the Governor; and, be it
Further Resolved, That an irrevocable deposit of said moneys in trust for, and such moneys and the investments thereof, together with any income or interest earned thereon, shall be applied to the payment of the principal of and interest on certain issued and outstanding safe road bonds, to be selected by the Governor, as the same become due and payable.
And,
By Delegates Michael, Leach, Kominar, Stalnaker, Proudfoot, Ron. Thompson, H. White, Cann, Williams, Palumbo, Frederick, Houston, Susman, Browning, Boggs, Varner, Hall, Anderson, Ashley, Carmichael, Evans, Wakim, G. White and Border:

H. C. R. 94 - "Requesting the Joint Committee on Government and Finance to study the actions that may be undertaken to ensure the competitiveness of West Virginia's coal industry and sustained production in excess of one hundred forty-four million tons each year."
Whereas, Coal is an integral component of West Virginia's history, society and economy;
Whereas, The West Virginia coal industry directly employees over forty thousand individuals at an average annual wage in excess of fifty-three thousand dollars per year and provides benefits to them and their families;
Whereas, West Virginia's citizens and those of other states and nations rely daily on West Virginia coal for energy and metallurgy in their productive and private lives;
Whereas, West Virginia's coal industry underwrites much of the State budget through severance, additional severance, transportation, business franchise, corporate net income and other taxes with in excess of two hundred sixty-five million dollars in severance taxes alone flowing to the State General Revenue Fund;
Whereas, West Virginia's coal industry also underwrites much of the budgets of each of the State's political subdivisions with more than eighteen million dollars each year flowing to counties and municipalities;
Whereas, West Virginia has nearly fifty-three billion tons of recoverable coal reserves, enough for more than three hundred fifty years of production at current production levels;
Whereas, West Virginia coal and coal miners are the world's finest and the State possesses clear competitive and natural advantages in coal production in the world market place;
Whereas, Scarcity of petroleum, natural gas and other fossil fuels and energy sources and fine metallurgical coal itself and advances in clean coal technologies bode well for sustaining or increasing the coal demand and price levels in future years;
Whereas, The development of reserves in the Western United States and other nations, tax disadvantages, permitting costs and difficulties, reclamation costs, and the increasing difficulty and cost of accessing the State's remaining coal reserves represent serious threats to the long-term viability of West Virginia's coal industry;
Whereas, In January, 2005, the State's coal industry was confronted with the largest tax increase ever levied against any industry in the State's history;
Whereas, The new fifty-six cents per ton additional severance tax was based on sustained production of one hundred forty-four million tons of annual production in order to pay a designated portion of the workers' compensation fund debt each year;
Whereas, The new fifty-six cents per ton additional severance tax when combined with the other taxes paid by the State's coal industry cause the West Virginia coal industry to be the highest taxed industry in the State;
Whereas, The West Virginia coal industry has the highest tax burden of any coal producing state in the Eastern or Midwestern United States;
Whereas, It is more expensive and time consuming to permit a new mine or an expansion in West Virginia than it is in any surrounding coal-producing state;
Whereas, If West Virginia producers cannot competitively sell their coal in today's aggressive domestic and world coal markets, it will not be mined in West Virginia;
Whereas, Actions must be taken to encourage investment in the West Virginia coal industry as soon as possible so as to take advantage of the strong world-wide energy market, and to prepare the industry for sustained production through the next two decades; therefore, be it
Resolved by the Legislature of West Virginia:
In the absence of objection, the Speaker referred the resolutions to the Committee on Rules.
That the Joint Committee on Government and Finance is hereby requested to study what urgent and immediate actions may be undertaken to ensure the competitiveness of West Virginia's coal industry and sustained production in excess of one hundred forty-four million tons each year; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, two thousand six, on its finding, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from appropriations to the Joint Committee on Government and Finance.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 750, Changing method for determining amount of funding for regional education service agencies.
And reports the same back with amendment, by unanimous vote of the Committee, with the recommendation that it do pass as amended, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 750) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, 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:
Com. Sub. for S. B. 419, Creating Local Government Flexibility Act,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 419) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S.B. 646, Excluding certain homeowners' associations proceeds from business and occupation tax,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 646) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 458, Permitting transfer of State Police for certain inappropriate conduct; relocation expense,
Com. Sub. for S. B. 435, Creating method municipal courts can recover certain uncollectible fines,
And,
S. B. 237, Allowing municipalities to increase hotel occupancy tax,
And reports the same back, with amendment, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 458, Com. Sub. for S. B. 435 and S. B. 237) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 236, Requiring health care facilities train staff, employees and contractors on Alzheimer's disease and related dementia,
S. B. 162, Modifying time authority may allocate tax credits under Capital Company Act,
And,
Com. Sub. for S. B. 716, Creating Regional Jail Operators Partial Reimbursement Fund,
And reports the same back, by unanimous vote of the committee, with amendment, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 236, S. B. 162 and Com. Sub. for S. B. 716) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to 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:
Com. Sub. for S. B. 600, Requiring bond review of incarcerated defendants at beginning of new term of court,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 600) was taken up for immediate consideration, read a first time and then 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:
Com. Sub. for S. B. 30, Discontinuing use of prior approval system of insurance rate and form filing; other provisions,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 30) was taken up for immediate consideration, read a first time and then 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:
S. B. 421, Relating to apportionment of damages in court actions involving tortious conduct in certain cases,
And reports the same back without recommendation as to its passage.
At the respective requests of Delegate Staton, and by unanimous consent, the bill ( S. B. 421) was taken up for immediate consideration, read a first time, ordered to second reading and then recommitted to the Committee on the Judiciary.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2078, Requiring the spaying or neutering of certain dogs and cats.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2128, Authorizing the Executive Director of the Regional Jail and Correctional Facility Authority to establish an inmate furlough program.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2150, Expanding the possible venues where a child neglect or abuse petition may be filed.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2466, Eliminate provisions which created unlawful classifications based on race and to update obsolete provisions.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2477, Relating to exemptions from execution or other judicial process in consumer credit transaction or consumer leases.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2527, Authorizing employees of the multicounty vocational schools to administer the performance tests of service personnel in the counties served by the school.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2650, Relating to beef industry self-improvement assessment program.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 2777, Making technical changes concerning High-Tech research zones, parks and technology centers and tax incentives relating thereto.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2837, Prescribing personal finance instruction in secondary schools by the State Board of Education.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2960, Permitting licensed restaurants to sell sealed bottles of wine produced by a member of the West Virginia Farm Wineries Association for consumption off the premises.
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:
Com. Sub. for H. B. 3012, Exempting property acquired by lease purchase agreement by the state, a county, district, city, village, town or other political subdivision, state college or university, from property tax.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 3219, Amending the provisions of the West Virginia Victims of Crime Compensation Act to make it clear that persons holding authority with respect to the victim by power of attorney or other authority have the authority to assert claims.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 3293, Establishing residential treatment programs for regional jail inmates who are abusers of alcohol and other drugs.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 3357, Streamlined sales and use tax administration.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 19, Requesting the Joint Committee on Government and Finance study the possible expansion of in-home family education programs (Early Parent Education).
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, of
S. B. 42, Limiting liability for waste tire remediation costs for certain owners of real property.
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, of
Com. Sub. for S. B. 238, Including steel railroad track and track material under statutory provisions involving purchase of scrap metal.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 42 - "Urging the United States Congress provide for a domestic energy policy that ensures a reliable, adequate and affordable supply of energy, recognizes the strategic importance of energy to the national economy, causes development of appropriate energy-related infrastructure, embraces a concerted national effort to promote greater energy efficiency, promotes the use of environmentally responsible alternatives to natural gas for power production and opens promising new areas for environmentally responsible natural gas production and requesting the Joint Committee on Government and Finance study the energy policy in West Virginia."
Whereas, Natural gas is a key raw material to the chemical and polymer industries and is a basic building block for the majority of chemical-related products; and
Whereas, The price of natural gas in the United States is the highest in the industrial world and shows continued volatility; and
Whereas, The volatility of natural gas prices is having a devastating effect on chemical, plastics, glass, fertilizer, aluminum and steel producers, as well as metal-treating and agriculture; and
Whereas, Skyrocketing natural gas prices threaten the livelihood of thousands of workers who rely directly or indirectly on the business of chemistry; and
Whereas, Tens of thousands of jobs in the State of West Virginia are threatened in industries which use natural gas as a raw material; and
Whereas, The chemical and plastics industries of the United States now have large trade deficits; and
Whereas, Higher natural gas costs are passed through to consumers in the form of more expensive food, spiraling home heating bills and higher prices for many pharmaceuticals and consumer goods; and
Whereas, The United States is increasingly reliant on natural gas in our national energy supply, creating a tremendous imbalance between natural gas supply and demand. According to the Energy Information Administration, the total natural gas demand is projected to grow 48 percent over the next 25 years; and
Whereas, The natural gas imbalance cannot be corrected solely by the importation of natural gas; and
Whereas, The Appalachian Basin, which extends through West Virginia, may contain more natural gas reserves than those of the Gulf Coast; and
Whereas, Supporting the development of nontraditional exploration methods and sources, such as deep wells and the use of coal-bed methane, will yield increased supplies; and
Whereas, Coal-fired power plants represent an environmentally sound option for electricity production; and
Whereas, Coal provides more than $3.5 billion of the West Virginia gross state product; and
Whereas, Coal reserves in West Virginia, estimated at nearly 53 billion tons, can be used responsibly to move the nation forward toward easing the energy imbalance; and
Whereas, Energy-related infrastructure ensures reliable, adequate and affordable supplies of energy and economic benefits to the residents of West Virginia and adjoining states; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress provide for a domestic energy policy that ensures a reliable, adequate and affordable supply of energy, recognizes the strategic importance of energy to the national economy, causes development of appropriate energy-related infrastructure, embraces a concerted national effort to promote greater energy efficiency, promotes the use of environmentally responsible alternatives to natural gas for power production and opens promising new areas for environmentally responsible natural gas production and requesting the Joint Committee on Government and Finance study the energy policy in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study include infrastructure development for a reliable, adequate and affordable energy supply; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study include energy efficiency, the use of environmentally responsible alternatives to natural gas for power production and new areas for environmentally responsible natural gas production; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 70 - "Requesting the Division of Highways name the bridge at the junction of Route 65 and Route 49 in Matewan, Mingo County, the 'Earl Stafford Memorial Bridge'."
Whereas, In the early 1960s, Earl Stafford, unselfishly and in the interest of his fellow coal miners, underwent dangerous and vigorous medical testing to help determine the cause and effects of pneumoconiosis; and
Whereas, As is known today, this chronic disease of the lungs is an occupational disease which, in the case of Earl Stafford, is the result of repeated inhalation of coal dust; and
Whereas, The tests and studies that Earl Stafford permitted to be performed on him to determine the effects of pneumoconiosis have helped develop treatment for the disease as well as allow coal miners to receive compensation; and
Whereas, It is fitting that a lasting tribute be made to the memory of Earl Stafford; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge at the junction of Route 65 and Route 49 in Matewan, Mingo County, the "Earl Stafford Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Earl Stafford Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 73 - "Requesting the Division of Highways name the bridge on U. S. Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the 'Arnold J. Starr Memorial Bridge'."
Whereas, Arnold J. Starr was born January 22, 1906, the son of Minnis and Nancy Marcum Starr; and
Whereas, Arnold J. Starr knew the importance of education. He attended Morehead State University in Kentucky, Concord College in Athens, Mercer County, and graduated with a degree in Early Childhood Education from Marshall University; and
Whereas, Arnold J. Starr was an educator in Mingo County and served as principal of Naugatuck Grade School and Red Jacket Junior High School. He also served as coach of the boys' basketball team; and
Whereas, In the 1940s, Arnold J. Starr purchased and operated a grocery store in Williamson until he was elected Mingo County Assessor, a position he held until January 1973. While serving as Assessor, he also served as President of the West Virginia County Officials Association and as a member of the West Virginia Assessors Association; and
Whereas, After leaving public service as an elected official, Arnold J. Starr continued to serve his community as an ordained minister. He also served the State of West Virginia in the National Guard where he obtained the rank of 1st Lieutenant. He was very active in a number of civic-minded organizations as well; and
Whereas, It is fitting that a lasting tribute be established to recognize the outstanding dedication and commitment Arnold J. Starr made to the State of West Virginia as an educator, elected county official and minister; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on U. S. Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the "Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
At 7:51 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, April 7, 2005.