__________*__________
Tuesday, March 8, 2005
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, March 7, 2005, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
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 presentations by the House.
During consideration of Committee Reports and Messages from the Senate, Delegate Gil
White presided.
Committee Reports
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. 2692, Labor, Division of, West Virginia Manufactured Housing Construction and Safety Standards 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. 2692) was referred to
the Committee on the Judiciary.
Chairman Beane, from the Committee on Government, submitted the following report, which
was received:
Your Committee on Government Organization has had under consideration:
H. B. 2747, Radiologic Technology, West Virginia Board of Examiners.
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2747) 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. 2527, Authorizing employees of the multicounty vocational schools to administer the
performance tests of service personnel in the counties served by the school,
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 second reference of
the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2527) 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. 2527) 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. 2525, Removing the requirement to contract for independent evaluation and report to
Legislative Oversight Commission every two years on character education program in public
schools,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2525) 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. 2523, Making it a crime for released inmates to contact correctional employees and
requiring that inmates be advised of such prohibition upon release,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2523 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §61-2-9c, relating to making it a crime for released
inmates to contact correctional employees and requiring that inmates be advised of such prohibition
upon release,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2523) 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. 2078, Requiring the spaying or neutering of certain dogs and cats,
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended.
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. 2150, Expanding the possible venues where a child neglect or abuse petition may be
filed,
H. B. 2271, Relating to the payment of expert fees in child abuse and neglect cases,
H. B. 2469, Allowing an inmate to withdraw money from the mandatory 10% savings
account,
And,
H. B. 2640, Repealing the authority of county courts to provide for the working of prisoners,
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. 2150, H. B. 2271, H. B. 2469 and H. B.
2640) will be placed on the Consent Calendar.
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. 17, Amending the Rules of the House of Delegates, relating to agreeing to Senate
Amendments,
And,
H. R. 19, Amending the rules of the House of Delegates relating to House concurrence on
Senate Amendments to House bills,
And reports the same back with the recommendation that they each be rejected.
Messages from the Senate
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. 2483, Repeal the section of the West Virginia Code relating to escape of convicts and
rewards.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 19 - "A Bill to repeal §9-4-1 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §9-2-6 of said code, relating to elimination of the dormant
Advisory Board for the Secretary of the Department of Health and Human Resources; and adding
within the Department of Health and Human Resources the Office of Inspector General"; to the
Committee on Government Organization then Finance.
Resolutions Introduced
Delegates Boggs, Brown, Browning, Louisos, Morgan, Stemple, Swartzmiller, Armstead,
Blair, Duke, Overington and Walters offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 34 - "Requesting the Administrator of the Federal Railroad Administration to
provide the West Virginia Legislature with a copy of the Final Report on the Safety of Remote
Control Locomotive Operations."
Whereas, Remote Control Locomotive Operations are a significant departure from
traditional railroading according to the Federal Railroad Administration; and
Whereas, Select Committee A on Flooding and Railroad Issues was created by the Joint
Committee on Government and Finance as part of the 2004 legislative interims to study, through
independent inquiry or reliance upon existing or ongoing research and reporting by other entities,
the use of Remote Control Locomotive Operations in rail switching operations; and
Whereas, On September 2, 2003, the United States Senate Committee on Commerce, Science, and Transportation requested the Federal Railroad Administration to conduct an assessment
of the impact of Remote Control Locomotive Operations on safety, including a comparison of the
rate of accidents, injuries, and fatalities involving Remote Control Locomotive Operations with
similar operations involving manned locomotives; and
Whereas, On May 13, 2004, the Federal Railroad Administrator announced the Interim
Report on Safety of Remote Control Locomotive Operations; and
Whereas, The Interim Report indicates that the use of Remote Control Locomotive
Operations in and around rail yards results in safety benefits; and
Whereas, The Interim Report also indicates that the Federal Railroad Administration has
identified several safety issues relating to Remote Control Locomotives Operations which have, in
some instances, been resolved and in other instances remain pending further investigation and
resolution, along with certain other issues which do not pose safety hazards but should be studied;
and
Whereas, The Interim Report states that the final report will address the pending safety
issues and other issues of concern; and
Whereas, The safety of all West Virginia citizens is a primary goal of the State of West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That The Federal Railroad Administrator be requested to provide the West Virginia
Legislature with a copy of the Final Report on the Safety of Remote Control Locomotive Operations;
and, be it
Further resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this Resolution to Robert D. Jamison, Acting Administrator, Federal Railroad
Administration, 1120 Vermont Avenue, NW, Washington, DC 20590.
Delegates Stalnaker, Amores, Anderson, Argento, Ashley, Azinger, Barker, Beach, Beane,
Blair, Boggs, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig,
Crosier, Doyle, Duke, Eldridge, Ellem, Evans, Fragale, Frederick, Frich, Hamilton, Hartman,
Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Leggett, Long, Longstreth, Louisos,
Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Palumbo, Paxton, Perdue, Perry,
Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Sobonya, Spencer, Staton,
Stemple, Stephens Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, Ron Thompson,
Rick Thompson, Tucker, Varner, Wakim, Walters, Webster, Wells, G. White, H. White, Williams
and Wysong offered the following resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 35 - "Commemorating the Silver Haired Legislature and honoring its request that
the Governor and the Legislature remind the PEIA Finance Board that the retirees of the State of
West Virginia are not subject to the 80/20 mandate of the 2001 Senate Bill 1003."
Whereas, Retirement income does not keep pace with the rising costs of living; and
Whereas, Living expenses, such as costs of food, utilities, personal and real estate property
taxes and transportation costs for gasoline and insurance have risen and will continue to increase;
and
Whereas, The cost of medical expenses, including prescription drugs, doctor visits, medical
procedures, hospitalization, and ambulance transportation have all risen and will continue to do so;
and
Whereas, Public retirees have not received an increase in their pensions since 2001 and not
all public retirees received an increase at that time; and
Whereas, PEIA is projecting an ending reserve for 2007 of approximately $163,000,000 and
is presently in an excellent financial position; and
Whereas, The PEIA Plan Year Report for 2004, dated November 19, 2002, page 3, states,
"The mandate (80/20) does not apply to retirees or nonstate entities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor of West Virginia and the West Virginia Legislature inform the PEIA
Finance Board that retirees do not come under the 80/20 mandate of Senate Bill 1003, enacted in
2001, and that the PEIA Finance Board should mandate no more than a five percent increase in
premiums for retirees in any Plan Year.
Delegate Michael offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 36 - "Requesting the Division of Highways to name the bridge at McCauley in
Hardy County, West Virginia, the 'John and Freda Rudy Memorial Bridge'."
Whereas, John and Freda Rudy lived a life of joy, nurturing not only a budding business but
also a loving family; and
Whereas, John and Freda Rudy began their career in the grocery business in 1938, creating
a business that would become a vital part of the community; and
Whereas, Both were named outstanding democrat of the year for Hardy County, John Rudy
in 1987 and Freda Rudy in 1990; and
Whereas, John and Freda owned and operated the store they built together to unselfishly serve their community for more than fifty five years, and
Whereas, After John's death in December 1995, Freda continued to live in their store/home
until her passing in November 2004; be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge at
McCauley in Hardy County, West Virginia, in honor of John and Freda Rudy, devoted parents,
grandparents, friends, merchants and public servants; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on
the bridge signs identifying it as the "John and Freda Rudy Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this Resolution to the Secretary of the Department of Transportation; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the Rudy Family.
On motions for leave, Joint Resolutions were introduced, read by their titles and severally
referred as follows:
By Mr. Speaker, Mr. Kiss, and Delegates Rick Thompson, Staton, Anderson, Argento,
Barker, Beach, Beane, Boggs, Brown, Browning, Butcher, Campbell, Caputo,
Carmichael, Crosier, DeLong, Eldridge, Ennis, Ferrell, Fragale, Frich, Hall, Hatfield,
Houston, Howard, Hrutkay, Hunt, Iaquinta, Long, Longstreth, Louisos, Mahan,
Manchin, Marshall, Martin, Miley, Moore, Morgan, Paxton, Perdue, Perry, Pethtel,
Pino, Poling, Porter, Sobonya, Spencer, Stemple, Stephens, Sumner, Susman, Tabb,
Talbott, Tansill, Tucker, Varner, Walters, Webster, Wysong and Yost:
H. J. R. 11 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending sections 1, 2 and 17, article VII thereof, relating to making the Insurance Commissioner
an elected official; numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment"; to the Committee on
Constitutional Revision then the Judiciary.
By Delegates Overington, Frich, Sumner, Sobonya, Wakim and Armstead:
H. J. R. 12 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article ten thereof by adding thereto a new section, designated section five-a, relating to
taxes and fees; providing that bills imposing a tax or license fee and bills increasing the effective rate
of any tax levied or fee imposed may not be enacted unless two thirds of the members of each house,
present and voting, vote in the affirmative for passage; numbering and designating the proposed
amendment; and providing a summarized statement of the purpose of the proposed amendment"; to
the Committee on Constitutional Revision then the Judiciary.
Delegates Ennis, Yost, Swartzmiller and DeLong offered the following resolution, which was
read by the Clerk as follows:
H. R. 23 - "Memorializing the Honorable Bernard Vincent Kelly, Sr., former member of the
House of Delegates from the County of Brooke."
Whereas, On April 7, 1917, James F. and Alice Duffy Kelly became the parents of a son,
Bernard Vincent Kelley.
Bernard was educated in the schools of Brooke County and attended the College of
Stubenville. He married the former Eleanor Marie Kelley on November 23, 1950, and they were the
parents of five children: James, Bernard, Jr., Daniel, Nancy and Ruth.
Bernard Kelly was en employee of Weirton Steel where, for thirty-one years, he worked as
a Safety Engineer. He also drove a delivery truck for Quimby's Bakery and served in the Signal
Corps of the United States Army during World War II.
Bernard was very active in local politics. For eleven years he served as 2nd City Council
Representative for the 4th Ward, and for six years he served as Brooke County Commissioner. He
also served as Brooke County Deputy Assessor and from 1982-1990, he was an elected member of
the House of Delegates. The Legislative Prayer Breakfast, which continues to exist today, was
started by Bernard Kelly in an effort to bring people of all faiths together to share the fellowship of
a meal and a common bond of belief.
He was a 3rd Degree Charter Member of the Knights of Columbus 3734 and was a 3rd Degree
Member of the Knights of Columbus 11919. He was an active member of St. Anthony Roman
Catholic Church in Follansbee and St. Paul Roman Catholic Church in Weirton. Bernard Kelly also
was a member of the Weirton Elks Lodge 1801, Weirton Moose Lodge 688, Evert Maki American
Legion Post 10, V. F. W. 2716, the Garibaldi Club, Theta Chi Alpha Fraternity, the Boy Scouts of
America, Follansbee Band Parents, Brooke Band Parents and a Kentucky Colonel.
Bernard was preceded in death by his loving wife of fifty-three years, Eleanor Marie Kelly,
who departed this life on March 15, 2003. He is survived by his sons, James Charles Kelly of Cape
Coral, Florida, Bernard Vincent Kelly, Jr, of Follansbee, and Daniel Patrick Kelly, of Weirton;
daughters Nancy Marie Heil and Ruth Ann Gianni, of Weirton, and twelve grandchildren; therefore,
be it
Resolved by the House of Delegates:
That the House of Delegates hereby notes the life and laments the death of Bernard Vincent Kelly, public servant, loving husband, father and grandfather, and steadfast friend, and hereby
publicly honors his memory and extends to his surviving family members heartfelt condolences upon
their collective loss; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this
resolution for sons James Charles Kelly of Cape Coral, Florida, Bernard Vincent Kelly, Jr, of
Follansbee, and Daniel Patrick Kelly, of Weirton; daughters Nancy Marie Heil and Ruth Ann Gianni,
of Weirton.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 23) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2931 - "A Bill to amend and reenact §11-3-24a and §11-3-25 of the Code of West
Virginia 1931, as amended; and to amend and reenact §11-10A-8 of said code, all relating to
providing for any review of the State Tax Commissioner's ruling on a question of classification or
taxability (not valuation) of real property for ad valorem property tax purposes to be by the Office
of Tax Appeals, not by the various circuit courts, with any subsequent appeal directly to the Supreme
Court of Appeals"; to the Committee on the Judiciary then Finance.
By Delegates Barker, Eldridge, Argento, Mahan, Staton, Beane and Tucker:
H. B. 2932 - "A Bill to amend and reenact §18-29-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6A-4 of said code, all relating to providing for binding
arbitration for state employees, employees of boards of education and employees of county boards
of health; and providing for optional mediation"; to the Committee on the Judiciary.
By Delegates Ashley, Amores, Craig, Hall, Stalnaker, Stemple, Talbott and Trump:
H. B. 2933 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §3-4A-9a, relating to the authorization and use of ballot-marking
accessible voting systems; and setting forth minimum requirements for ballot marking accessible
voting systems"; to the Committee on the Judiciary.
By Delegates Schoen, Hall, Paxton and Martin:
H. B. 2934 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931,
as amended, relating to assaults on a law-enforcement officer; creating the offenses of malicious
assault, by use of a firearm and unlawful assault, by use of a firearm, on police officers, probation
officers, conservation officers, county correctional and state correctional officers; providing penalties
upon conviction thereof; definitions; and providing for mandatory sentences upon conviction
thereof"; to the Committee on the Judiciary.
By Delegates Overington, Blair, Brown, Rowan, Tansill, Roberts, Trump, Palumbo and
Sumner:
H. B. 2935 - "A Bill to amend and reenact §7-10-2 of the Code of West Virginia, 1931, as
amended; to amend and reenact §9-6-9 of said code; to amend said code by adding thereto a new
section, designated §9-6-9a; to amend and reenact §48-27-702 of said code; to amend and reenact
§49-6A-2 of said code; and to amend said code by adding thereto a new section, designated
§49-6A-2a, all relating to requiring cross-reporting among child protective service workers, adult protective service workers, law-enforcement officers and humane officers of suspected child abuse
or neglect, suspected abuse or neglect of incapacitated or elderly adults or animal cruelty or
inhumane treatment"; to the Committee on the Judiciary.
By Delegates Amores, Craig and Morgan:
H. B.2936 - "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 Delegates H. White, Ron Thompson, Hrutkay, Perry, Azinger and G. White:
H. B. 2937 - "A Bill to repeal §33-11-5a of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new article, designated §33-13B-1, §33-13B-2, §33-13B-
3, §33-13B-4, §33-13B-5, §33-13B-6, §33-13B-7, §33-13B-8, §33-13B-9, §33-13B-10 and §33-13B-
11, all relating to the replacement of individual life insurance policies and annuity contracts"; to the
Committee on Banking and Insurance then the Judiciary.
By Delegates Webster, Pino, Ron Thompson and Perry:
H. B. 2938 - "A Bill to amend and reenact §31C-4-1 of the Code of West Virginia, 1931,
as amended, relating to credit unions generally; including persons with common bonds or persons
who reside in well-defined communities as eligible for membership in a credit union"; to the
Committee on Banking and Insurance then the Judiciary.
By Delegates Ron Thompson and Perry:
H. B. 2939 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §12-1-12b, relating to the Federal Cash Management Act; and
effectuating current practice by establishing specific authorization for the State Treasurer to continue as the authorized official and representative as part of the cash management duties"; to the
Committee on Finance.
By Delegates Stevens, Roberts and Tansill:
H. B. 2940 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2J-1, relating to prohibiting the destruction of frozen embryos;
and providing for the adoption of such embryos; and imposing a fine for noncompliance"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegate Wakim:
H. B. 2941 - "A Bill to amend and reenact §61-2-8 the Code of West Virginia, 1931, as
amended, relating to banning abortions; and providing a criminal penalty for violations"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Trump, Staton, Blair, Browning and Duke:
H. B. 2942 - "A Bill to amend and reenact §7-1-3cc of the Code of West Virginia, 1931, as
amended, relating to authorizing counties to impose, as an alternative to 911 fees on local exchange
telephone lines, a 911 service fee on owners of real estate"; to the Committee on Political
Subdivisions then the Judiciary.
By Delegates Doyle, Tabb, Wysong, Brown, Williams, Palumbo and Wells:
H. B. 2943 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-1-3oo, relating to allowing counties and municipalities to
establish a child advocacy center authority; providing for the appointment, membership officers,
meetings and terms of members; providing for employees, equipment and buildings; setting forth
certain powers; providing that counties and municipalities may contribute funds to a child advocacy center; specifying that charitable contributions to these child advocacy center authorities are tax
deductible; and requiring each authority to establish facilities in which single interviews of abused
and neglected children by interagency representatives may be undertaken at the same time"; to the
Committee on Political Subdivisions then the Judiciary.
Consent Calendar
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed
with him for the removal of a bill from the Consent Calendar to the House Calendar:
H. B. 2764, on second reading, Consent Calendar, to the House Calendar, by Delegate
Trump.
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 2368, Increasing the veterinary fee for each cat and dog vaccinated for rabies,
H. B. 2428, Providing that magistrate court may be temporarily held in various locations
throughout the county,
And,
H. B. 2607, Expanding newborn screening by adding sickle cell anemia and adrenal
hyperplasia.
On the passage of the bills, the yeas and nays were taken (Roll No. 90), and there were--yeas
96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ennis, Ferrell, Romine and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (H. B. 2368, H. B. 2428, H. B. 2607) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on Consent Calendar bills and request concurrence therein.
Second Reading
The following bills, on second reading, coming up in regular order, were read a second time
and ordered to engrossment and third reading.
H. B. 2892, Continuation of the Bureau for Child Support Enforcement,
And,
H. B. 2893, Continuation of the James "Tiger" Morton Catastrophic Illness Commission.
First Reading
Com. Sub. for H. B. 2002, Creating a uniform system of bail bond forfeiture procedures for
all courts of record in the state; on first reading, coming up in regular order, was read a first time and
ordered to second reading:
House Calendar
Third Reading
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 read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 94),
and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Lane, Leggett, Porter and Trump.
Absent And Not Voting: Ferrell 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. 2189) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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; 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. 95),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell, Moore and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2497) passed.
An amendment to the title of the bill, recommended by the Committee on Roads and
Transportation, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2497 - "A Bill to amend and reenact §17C-17-9a of the Code of West Virginia, 1931,
as amended, relating to the regulation of truck trailer weights; providing for single unit trucks having
one steering axle and four axles in quadem and setting a seventy-three thousand pound gross weight
limit with a tolerance of ten percent for these trucks; providing that a single unit truck with one
steering axle and two axles in tandem operating in combination with a trailer with two axles is
limited to a maximum gross weight of eighty thousand pounds with a tolerance of ten percent;
clarifying that registered weight includes the tolerance granted by law; and providing that a single
unit truck with one steering axle and three axles in tridem operating in combination with a trailer
with two axles is limited to a maximum gross weight of eighty thousand pounds with a tolerance of
ten percent."
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. 2501, Providing for the termination of the agency, Jobs for West
Virginia's Graduates, from the Public Employees Retirement System; 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. 96),
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: Ferrell 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. 2501) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2510, Allowing public sector moneys to be used to satisfy the matching requirements
of the workforce initiative in certain circumstances; 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. 97),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Carmichael.
Absent And Not Voting: Ennis, Ferrell and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2510) 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. 2663, Relating to digging, growing, collecting, gathering, possessing and selling ginseng; 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. 98),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Louisos.
Absent And Not Voting: Ferrell 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. 2663) 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
The following bills, on second reading, coming up in regular order, were read a second time
and ordered to engrossment and third reading:
H. B. 2450, Relating to a child's right to nurse,
And,
Com. Sub. for H. B. 2764, Relating to allowing the Board of Medicine to issue a license to
a physician convicted of certain drug related offenses.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell and Romine.
At 12:24 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Wednesday, March 9, 2005.