__________*__________


Wednesday, March 2, 2005



The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, March 1, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Beane, Ennis, Argento, Barker and Frich:
H. B. 2846 - "A Bill to amend and reenact §30-38-19 of the code of West Virginia, 1931, as amended, relating to continuation of the Real Estate Appraiser Licensing and Certification Board."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2846) will be placed on 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:
H. B. 2693, Licensed Practical Nurses, Board of Examiners for, Fees for Services Rendered by the Board.
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2693) was referred to the Committee on the Judiciary.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2578, Increasing the ratios of professional and service personnel to students in net enrollment,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2578 - "A Bill to amend and reenact §18-9A-5a and §18-9A-5b of the code of West Virginia, 1931, as amended, all relating to increasing the ratios of professional and service personnel to students in net enrollment and establishing the ratios for certain school years,"
With the recommendation that the committee substitute do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for H. B. 2578) was referred to the Committee on Finance.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2466, Eliminate provisions which created unlawful classifications based on race and to update obsolete provisions,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2466 - "A Bill to amend and reenact §18-5-32 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-14-1 of said code, all relating to education; eliminating provisions that created unlawful classifications based on race; deleting an obsolete provision relating to the cooperative extension service; and deleting other obsolete provisions relating to college governance,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2466) to the Committee on the Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com Sub. for H. B. 2466) will be placed on 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:
H. B. 2350, Relating to conditions for awarding teaching certificates,
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.
In the absence of objection, reference of the bill (H. B. 2350) to the Committee on Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2350) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2244, Making the state's criminal and penalty laws applying to the use and display of beer and alcoholic beverages in motor vehicles conform to federal law,
H. B. 2484, Relating to notification of parole hearings,
And,
H. B. 2599, Permitting attorneys to act as surety on a fiduciary bond if they are not representing a participant in the estate or trust,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 2244, H. B. 2484 and H. B. 2599) will be placed on the Consent Calendar.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 2nd day of March, 2005, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com Sub. for S. B. 261), Providing for special election proposing amendment to Constitution designated Pension Bond Amendment.
Messages from the Executive

The Clerk presented a communication from the West Virginia Ethics Commission, transmitting copies of its past advisory opinions issued during the preceding calendar year, in accordance with §6B-2-3(b) of the Code.
Accompanying the foregoing documents was also a CD-ROM, containing all advisory opinions issued by the Ethics Commission from 1990 to the present; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority, in accordance with section twenty-six, article twenty, chapter thirty-one of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Geological and Economic Survey, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on February 25, 2005, he approved Com. Sub. for H. B. 2285 and H. B. 2286.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 63 - "
A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to requiring legislative approval before a road, highway or bridge may receive a scenic or memorial designation"; which was referred to the Committee on Roads and Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 238 -
"A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to including steel under statutory provisions involving the purchase of scrap metals by various commercial entities; and modifying the criminal provision of the law to require knowing and fraudulent intent"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
S. B. 281 - "
A Bill to amend and reenact §16-4C-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-4C-5a, all relating to continuation of the Emergency Medical Services Advisory Council"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
S. B. 282 - "
A Bill to amend and reenact §18-9D-18 of the Code of West Virginia, 1931, as amended, relating to continuation of the School Building Authority"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
S. B. 283 - "A Bill to amend and reenact §16-29B-28 of the Code of West Virginia, 1931, as amended, relating to continuation of the Health Care Authority"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
S. B. 284 - " A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-21, relating to continuation of the Office of the Insurance Commissioner"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
S. B. 285 - " A Bill to amend and reenact §29-1-1b of the Code of West Virginia, 1931, as amended, relating to continuation of the Division of Culture and History"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
S. B. 286 - " A Bill to amend and reenact §29-21-3a of the Code of West Virginia, 1931, as amended, relating to continuation of Public Defender Services"; which was referred to the Committee on Government Organization.
Resolutions Introduced

Delegates Moore, Marshall, Staton, Browning, Frederick, Porter, H. White and Long offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 24 - "Recognizing Bluefield State College for its selection as the Tom Joyner Foundation's national 'Historically Black College of the Month' for May 2005."
Whereas, The Tom Joyner Foundation has a wonderful tradition of enhancing diversity and opportunities for higher education at America's Historically Black Colleges and Universities; and
Whereas, Bluefield State College has a similarly rich 110-year heritage of making education possible; and
Whereas, The growing student residential offerings at Bluefield State College will create opportunities for even more students for whom scholarship support is vital and can be created through the Bluefield State College/Tom Joyner Foundation partnership; therefore, be it
Resolved by the Legislature of West Virginia:
That Bluefield State College be recognized for its selection as the Tom Joyner Foundation's national "Historically Black College of the Month" for May 2005; and, be it
Further Resolved, That the students, alumni, employees and friends as well as the residents, organizations and businesses of the region are encouraged to support the scholarship fund-raising initiative between the Tom Joyner Foundation and Bluefield State College to help deserving students attend and graduate from Bluefield State College; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to Albert L. Walker, President of Bluefield State College, and to the Tom Joyner Foundation.
Delegates Hall, Wells, Perdue, Susman and Leach offered the following resolution, which was read by its title and referred to Rules:
H. C. R. 25 - "Requesting the Joint Committee on Government and Finance to direct the Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA) to oversee the development of the state mental health plan and to ensure that the process moves towards the development of improved care of the mental health needs of the citizens of West Virginia."
Whereas, The Mental Health Plan, the State Health Plan, the (Behavioral) Health Criteria for Performance Excellence, Healthy People 2010, as well as other goal-setting recommendation plans, each contains some discussion of the topic of mental health, the degree of which depends on the particular document; and
Whereas, According to the Department of Health and Human Resources, over four hundred juveniles are in out-of-state care facilities at any given time, for a total cost of more than $22 million per year in out-of-state expenditures, due to a lack of adequate care systems within the state; and
Whereas, In over one hundred of the afore-mentioned instances, parents must sign custody of their children over to the state in order for the child to qualify for funding to cover the cost of treatment; and
Whereas, The appropriate treatment of juveniles with serious emotional disturbances and their families requires a collaborative state effort from multiple agencies, including, but not limited to: the West Virginia Department of Health and Human Resources, the Bureau of Behavioral Health and Health Facilities, the Bureau of Children and Families, the Department of Education, and the Division of Juvenile Services; and
Whereas, Community-based mental health care creates an environment of stability for those afflicted with mental health problems who receive family-based treatment in their communities of residence; and
Whereas, Federal Comprehensive Community Mental Health Services grants are available to develop comprehensive, community-based systems of care for youth with serious emotional disturbances and their families, but may only be applied to in-state treatment; and
Whereas, The Legislature should explore the possibilities of developing a comprehensive multi-agency mental health plan in the State of West Virginia -- identifying the core services needed in West Virginia communities in order to provide adequate care to its residents, addressing the development of community-based treatment options and financial assistance opportunities available to avoid out-of-state placements and making every effort to establish a funding base that can adequately fund needed mental health services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA)to oversee the implementation of the state mental health plan and to ensure that the process is moving towards the development of a well developed strategic plan for improved care of the mental health needs of the citizens of West Virginia; and, be it
Further Resolved, That the Department of Health and Human Resources report to the Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA) on September 1st, 2005 and December 31st, 2005 on the status and implementation of the mental health plan; 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.
Petitions

Delegates Caputo, Longstreth and Manchin presented a petition, signed by one hundred ninety-two residents of Marion County, requesting that the Department of Highways resurface Warriors Fork Road; which was referred to the Committee on Roads and Transportation.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump

[By Request of the Executive]:
H. B. 2824 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-23, relating to the apportionment of damages in court actions involving the tortious conduct of more than one person, allowing for several liability for certain defendants; allowing for several liability subject to reallocation for certain defendants; providing for joint and several liability for defendants that are found to be at more than twenty-five percent at fault"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 2825 - "A Bill to amend and reenact §11-13T-4 of the Code of West Virginia, 1931, as amended, relating to continuing the tax credit provided under article three-t, chapter eleven of this code for physicians who practice Obstetrics and Gynecology"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss:
H. B. 2826 - "A Bill to amend and reenact §21-9-10, §21-9-11a and §21-9-12 of the Code of West Virginia, 1931, as amended, all relating to manufactured housing generally; removing certain limitations on recovery from manufacturer, dealer, distributor or contractor bonds; increasing fines for violations; shortening the complaint period; and listing certain specific defects for which fines may be levied"; to the Committee on Government Organization then the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 2827 - "A Bill to amend and reenact §7-11B-7 and §7-11B-8 of the Code of West Virginia, 1931, as amended, all relating to providing for the approval of county commissions for the development or redevelopment tax financing districts by Class I and Class II municipalities"; to the Committee on Political Subdivisions then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2828 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating to Public Employees Insurance generally; eliminating a certain gap in employment for certain Alcoholic Beverage Control Commission employees subject to a reduction in force and who are reemployed; and specifying applicable periods of time"; to the Committee on Pensions and Retirement then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2829 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-4C-1, §30-4C-2, §30-4C-3, §30-4C-4 and §30-4C-5, all relating to the regulation of advertising by dentists"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2830 - "A Bill to amend and reenact §30-4-20 of the Code of West Virginia, 1931, as amended, relating to the licensing of dentists generally; and providing for the immediate suspension or revocation of a license as necessary to protect the health and safety of the public"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2831 - "A Bill to amend and reenact §5-10-25 of the Code of West Virginia, 1931, as amended, relating to deleting the provision that requires reduction of disability retirement when a person attains the age of sixty-five"; to the Committee on Pensions and Retirement then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2832 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-6b, relating to requiring persons involved in motor vehicle accidents which result in the death or bodily injury of another submit to a blood test for alcohol or other controlled substances"; to the Committee on Roads and Transportation then the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2833 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-20-10, relating to creating the 'Better Sight for Better Learning Act,' relating to requiring eye examinations for children prior to their enrollment in elementary school; State Board of Education to promulgate criteria for carrying out the act; and providing that the Department of Education, the Department of Health, together with others, to maintain a list of resources to aid children needing vision examinations or vision corrections"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2834 - "A Bill to amend and reenact §33-17A-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting homeowner insurance discrimination against dog owners"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2835 - "A Bill to amend and reenact §38-5B-12 of the Code of West Virginia, 1931, as amended, relating to providing that a judgment debtor may not assert anew the thousand dollar exemption for wages in two consecutive pay periods"; to the Committee on the Judiciary.
By Delegates Ashley, Cann, Beane, Stalnaker, Wakim and Walters:

H. B. 2836 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration; and, providing for the issuance of a special Boy Scout and Eagle Scout license plate and assessing a special initial application fee and special annual fee"; to the Committee on Roads and Transportation then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Campbell, Ron Thompson and Perry:

H. B. 2837 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7c, relating to prescribing personal finance instruction in secondary schools by the State Board of Education"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump

[By Request of the Executive]:
H. B. 2838 - "A Bill to repeal §17-24-1, §17-24-2, §17-24-3, §17-24-4, §17-24-5, §17-24-6, §17-24-7, §17-24-8, §17-24-9 and §17-24-10 of the Code of West Virginia, 1931, as amended; to repeal §20-7-24, §20-7-25, §20-7-26, §20-7-27, §20-7-28 and §20-7-29 of said code; to repeal §20- 11-1, §20-11-2, §20-11-3, §20-11-4, §20-11-5, §20-11-6, §20-11-7, §20-11-8, §20-11-9, §20-11-10, §20-11-11 and §20-11-12 of said code as amended; and that said code be amended by adding thereto a new article, designated §22-15A-1, §22-15A-2, §22-15A-3, §22-15A-4, §22-15A-5, §22-15A-6, §22-15A-7, §22-15A-8, §22-15A-9, §22-15A-10, §22-15A-11, §22-15A-12, §22-15A-13, §22-15A- 14, §22-15A-15, §22-15A-16, §22-15A-17, §22-15A-18, §22-15A-19, §22-15A-20, §22-15A-21, §22-15A-22, §22-15A-23, §22-15A-24, §22-15A-25 and §22-15A-26, all relating to the rehabilitation environmental action plan; consolidating litter control, open dump elimination and reclamation, waste tire cleanup and recycling programs; defining certain terms; providing for litter control and recycling programs; providing additional duties of Secretary of the Department of Environmental Protection; providing penalties for the unlawful disposal of litter; providing for litter control education; creating the pollution prevention and open dump program; providing for assistance to solid waste authorities for litter and solid waste plans; prohibiting waste tires in certain places; providing for penalty for violations thereof; providing that the Department of Environmental Protection is to administer funds for waste tire remediation; authorizing the Secretary of the Department of Environmental Protection to promulgate rules; providing for the disposal of waste tires; providing for the creation of the A. James Manchin Fund; establishing remediation and liability for remediation; clarifying that Commissioner of Bureau of Public Health has the authority to regulate public health matters; establishing recycling goals and plans; establishing county recycling programs for solid waste; providing for a recycling assessment fee; providing for criminal penalties; establishing state recycling program for solid waste; providing for the procurement of recycled products; prohibiting the disposal of certain items; creating the recycled oil advisory committee; encouraging newsprint recycling; establishing recycled newsprint advisory committee; providing for studying the feasibility of recycling industries; and exempting certain recycling facilities from regulation"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Kiss:
H. B. 2839 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10A-3a, relating to creating a special revenue fund for the operation of the West Virginia Office of Tax Appeals"; to the Committee on Finance.
By Delegates Trump, Lane and Blair:
H. B. 2840 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to ensuring that medical workers have the right to refuse to participate in any abortion-related activity without fear of disciplinary action or dismissal; prescribing criminal penalties for violations of the section"; to the Committee on the Judiciary.
By Delegate Stalnaker:
H. B. 2841 - "A Bill to amend and reenact §7-14D-5, §7-14D-7 and §7-14D-13 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System; concurrent contributions by members and employers; credit for nondeputy sheriff service in the Public Employees Retirement System prior to transfer; and treatment of withdrawals not repaid prior to transfer"; to the Committee on Pensions and Retirement then Finance.
By Delegate Poling:
H. B. 2842 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5S-12, relating to establishing a program to collect and reuse used cellular telephones for seniors and low income families to make emergency telephone calls"; to the Committee on Government Organization then Finance.
By Delegates Ron Thompson, H. White, Perry, Hrutkay, Iaquinta, Carmichael and Canterbury:

H. B. 2843 - "A Bill to amend and reenact §31A-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §31A-2-5 of said code; and to amend and reenact §31A-4-1 and §31A-4-5 of said code, all relating to the ability of a state-chartered bank to organize as a limited liability company"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Stalnaker:
H. B. 2844 - "A Bill to amend and reenact §15-2-26, §15-2-27, §15-2-27a, §15-2-28, §15-2-29, §15-2-30, §15-2-31, §15-2-32, §15-2-33, §15-2-34 and §15-2-37 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §15-2- 25b, §15-2-31a and §15-2-31b, all relating to the West Virginia State Police Death, Disability and Retirement Fund generally; adding general definitions; adding definitions of 'law-enforcement officer,' 'partially disabled,' 'totally disabled,' and 'physical or mental impairment'; making technical changes; providing for probable permanent disability status; specifying that total disability now is inability to perform any substantial gainful employment and that partial disability is inability to perform law enforcement duties; specifying limitation on compensation rendered to health care providers; providing that member receiving annuity for partial disability incurred in performance of duty may be employed as an elected sheriff or appointed chief of police if it is shown to the Board that such employment is not inconsistent with the partial disability; allowing application for disability to be made by person acting on member's behalf; allowing Superintendent to petition Board for member's disability when he or she deems the member disabled; authorizing rules; judicial review; allowing Board to withhold payment pending judicial review; requiring disability recipient to file annual statement of earnings and setting forth penalty for refusal or failure to do so; and annual report of employer's disability retirement experience"; to the Committee on Pensions and Retirement then Finance.
By Delegates Louisos and Martin:
H. B. 2845 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-12A-1, §8-12A-2, §8-12A-3, §8-12A-4, §8-12A-5, §8-12A-6, 8-12A-7, §8-12A-8, §8-12A-9, §8-12A-10, §8-12A-11, §8-12A-12, §8-12A-13, §8-12A-14, §8-12A- 15, §8-12A-16, §8-12A-17, §8-12A-18, §8-12A-19, §8-12A-20, §8-12A-21 and §8-12A-22, all relating to establishing the West Virginia Municipal Employees Collective Bargaining Act; providing short title; stating purposes; declaring certain public policy; providing definitions; providing exclusions; establishing duties of the Public Employees Relations Board; establishing certain municipal employer rights under certain circumstances; establishing employee rights to collective bargaining; requiring meetings between municipal employers and employee organizations; specifying scope of such meetings; excluding retirement programs from scope of negotiations; providing for negotiations inconsistent with certain laws; requiring grievance resolution procedure in collective bargaining agreement; providing for final and binding arbitration pertaining to certain personnel matters; permitting certain provisions relating to fees and dues; prohibiting deductions of dues under certain circumstances; defining parameter of obligations to negotiate; restricting negotiation; prohibiting certain practices; providing for proceedings upon certain violations; providing for appellate process; construing provisions of article to prior collective bargaining agreements; providing process for determination of an appropriate bargaining unit; providing exception; restricting bargaining units; providing process for certification and decertification of exclusive bargaining representatives; providing for competing request for certain recognition and certification; providing for an election; providing process for secret ballot representation election; limiting period for petitions certifying or decertifying exclusive bargaining representative under certain circumstances; providing treatment of certain employee organization; allowing certain grievance process; providing condition; designating representatives; providing for collective bargaining commencement process; providing exemption from the West Virginia Open Meeting Act; providing negotiation and impasse procedures; providing for submission of request for funds and certain approval to the appropriate governing body; providing for reopening of negotiations; providing for treatment of certain provisions; providing for certain judicial review; prohibiting strikes; providing for injunctive relief; making certain actions unlawful; providing for bargaining and agreement after a violation; providing for legal process; providing liability exemption; providing procedures for certain notice; providing for treatment of conflicting laws, executive orders and rules; providing for codification; and providing an effective date"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Varner and Williams:
H. B. 2847 -
"A Bill to amend and reenact §33-25D-2 of the Code of West Virginia, 1931, as amended, relating to including a clinic-based health care option under the definition of a "limited health service"; to the Committee on Health and Human Resources then Finance.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2592, Relating to the design-build procurement act,
H. B. 2634, Making changes to the West Virginia Commission for the Deaf and Hard of Hearing,
H. B. 2666, Continuation of the Department of Health and Human Resources,
And,
H. B. 2667, Continuation of the West Virginia Commission for the Deaf and Hard of Hearing.
On the passage of the bills, the yeas and nays were taken (Roll No. 58), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Ferrell, Leggett, Mahan, Marshall, Romine and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2592, H. B. 2634, H. B. 2666 and H. B. 2667) passed.
Delegate Staton moved that H. B. 2666 take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 63), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Ferrell, Leggett, Mahan, Marshall, Romine and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2666) takes effect July 1, 2005.
Delegate Staton moved that H. B. 2667 take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 64), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Ferrell, Leggett, Mahan, Marshall, Romine and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2667) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence therein.
Second Reading

The following bills were then read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2174, Developing a procedure to notify licensed professionals who are mandated to report child abuse and neglect of the disposition of the investigation into the report,
Com. Sub. for H. B. 2456, Ratifying the federal National Crime Prevention and Privacy Compact,
And,
H. B. 2478, Relating to removing the prohibition against brewers of nonintoxicating beer requiring distributors to submit certain financial documents.
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:
H. B. 2478, on second reading, Consent Calendar, to the House Calendar, by Delegate Louisos.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2471, Establishing a financial responsibility program for inmates,
Com. Sub. for H. B. 2476, Relating generally to parole and parole proceedings,
H. B. 2482, Relating to including jails within the context of certain criminal acts by incarcerated persons,
H. B. 2483, Repeal the section of the West Virginia Code relating to escape of convicts and rewards,
And,
H. B. 2495, Repeal the requirement that jails be inspected by appointees of the Circuit Courts.
House Calendar

Unfinished Business

Com. Sub. for H. R. 15 , Amending House Rule No. 94 relating to joint sponsors of a bill, coming up in regular order, as unfinished business, was reported by the Clerk.
The question now being on the adoption of the resolution, Delegate Staton demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 65), and there were--yeas 59, nays 35, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Argento, Barker, Beach, Brown, Cann, Caputo, Crosier, DeLong, Doyle, Eldridge, Fragale, Hartman, Hatfield, Houston, Hrutkay, Iaquinta, Longstreth, Manchin, Martin, Morgan, Paxton, Perry, Pethtel, Proudfoot, Spencer, Stemple, Stephens,Dale, Swartzmiller, Tabb, Talbott, Tucker, Webster, Wells, Wysong and Yost.
Absent And Not Voting: Canterbury, Ferrell, Leggett, Mahan, Marshall and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for H. R. 15) adopted.
H. R. 16, Amending the rules of the House of Delegates, relating to compelling a standing committee to take up and report out a bill; coming up in regular order, as unfinished business, was reported by the Clerk.
The Speaker propounded "Shall the resolution be rejected?"
On this question, Delegate Overington demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 66), and there were--yeas 65, nays 29, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Azinger, Blair, Border, Carmichael, Duke, Ellem, Evans, Frich, Hall, Hamilton, Howard, Lane, Louisos, Overington, Porter, Roberts, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Tansill, Trump, Wakim and Gil White.
Absent And Not Voting: Canterbury, Ferrell, Leggett, Mahan, Marshall and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 16) rejected.
H. R. 17, Amending the Rules of the House of Delegates, relating to agreeing to Senate Amendments; coming up in regular order, as unfinished business, was, on motion of Delegate Staton, laid over one day.
Third Reading

Com. Sub. for H. B. 2106, Imposing a lien and recovery for unpaid child support on the proceeds due a child support debtor from a settlement, judgment or award, on third reading, coming up in regular order, was reported by the Clerk.
Delegate Amores asked and obtained unanimous consent that the rule be suspended to permit the offering and consideration of amendments on third reading.
On motion of Delegate Amores, the bill was then amended on page three, section one hundred nineteen-a, following the section heading, by striking out the remainder of the section and inserting in lieu thereof the following:
"(a) The Workers' Compensation Commission and, upon termination of the Workers' Compensation Commission, the Insurance Commissioner, shall determine on a periodic basis whether individuals receiving workers' compensation benefits owe child support obligations which are being enforced or have been requested to be enforced by the Bureau for Child Support Enforcement. If an individual is receiving such compensation and owes any such child support obligation which is not being met, the Bureau for Child Support Enforcement shall enter into an agreement with such individual to have specified amounts withheld otherwise payable to such individual, and shall submit a copy of such agreement to the Workers' Compensation Commission, and, upon termination of the Workers' Compensation Commission, to the Insurance Commissioner. The Bureau for Child Support Enforcement shall issue an income withholding to require the withholding of amounts from such compensation.
(b) The Bureau for Child Support Enforcement shall enter into a written agreement with the Workers' Compensation Commission, and, upon termination of the Workers' Compensation Commission, to the Insurance Commissioner, for the purpose of withholding workers' compensation from individuals with unmet support obligations being enforced by the Bureau for Child Support Enforcement. The Bureau for Child Support Enforcement shall agree only to a withholding program that it expects to be cost effective, and, as to reimbursement, shall agree only to reimburse the Workers' Compensation Commission, and, upon termination of the Workers' Compensation Commission, the Insurance Commissioner, for the actual, incremental costs of providing services to the Bureau for Child Support Enforcement.
(c) The Bureau for Child Support Enforcement shall, not less than annually, provide a receipt to an individual who requests a receipt for the support paid through the withholding of workers' compensation, if receipts are not provided through other means.
(d) For the purposes of this section, 'workers' compensation' means any compensation under state workers' compensation law, as set forth in chapter twenty-three of this code. For purposes of this section, it does not include payments made under section three or four, article four, chapter twenty-three of this code."
On motion of Delegates Amores and Miley, the bill was then amended on page six, section one hundred nineteen-b, following line 13, by adding a new subsection (c), to read as follows:
"(c) To the extent that a lien is created as a result of a delinquent support obligor or his representative having asserted a claim for personal injuries against an insurer, the lien is applicable to the insurer. The lien is not applicable to the delinquent obligor's representative unless the representative has been provided with actual notice of the lien by the insurer or the Bureau for Child Support Enforcement."
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 67), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Ferrell, Leggett, Mahan, Marshall and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2106) 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 H. B. 2189, Authorizing law-enforcement officers to deputize police in other states; on third reading coming up in regular order, was, on motion of Delegate Staton, laid over one day.
H. B. 2329, Authorizing a court to order a defendant to contribute monetarily or through hours of service to a local crime victim's assistance program, on third reading, coming up in regular order, was reported by the Clerk.
Delegate Amores asked and obtained unanimous consent that the Rule be suspended to permit the offering and consideration of amendments on third reading.
On motion of Delegate Amores, the bill was amended on page six, section four, article eleven-A, chapter sixty-one, line eighty-four by striking the words or in lieu of, restitution and by inserting the words "an order of restitution pursuant to subsection (a) or in the event that there is no victim or victim's estate to which restitution may be made pursuant to subsection (a)".
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 68), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Ferrell, Leggett, Mahan, Marshall and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2329) 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 H. B. 2477, Relating to exemptions from execution or other judicial process in consumer credit transaction or consumer leases; 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. 69), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Ferrell, Leggett, Mahan, Marshall and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2477) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

S. B. 269, Supplementing, amending, reducing and increasing items of existing appropriations from State Road Fund to Department of Transportation, Division of Highways ; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Michael, the bill was amended on page two, line six, by striking out the words and numbers "Fund 9017 FY 2003 Org 0803", and inserting in lieu thereof the words and numbers, "Fund 9017 FY 2005 Org 0803".
And,
On page three, line twenty-three by striking out the words and numbers "Fund 9017 FY 2003 Org 0803", and inserting in lieu thereof the words and numbers "Fund 9017 FY 2005 Org 0803".
The bill was then ordered to third reading.
H. B. 2823
, Supplemental appropriation to the Department of Transportation, Division of Highways; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Canterbury, Ferrell, Leggett, Mahan, Marshall and Romine.
At 11:51 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Thursday, March 3, 2005.