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Monday, March 21, 2005



The House of Delegates met at 1:00 p.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 Friday, March 18, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 12, Honoring the contributions of the Civilian Conservation Corps in West Virginia and designating March 31 each year as CCC Recognition Day,
And reports the same back with the recommendation that it be adopted
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. 2850, Relating to the use of automobile Event Data Recorders, commonly known as "black boxes",
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2850 -- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3 and §17A-13-4, all relating to regulating the use of automobile Event Data Recorders,"
And,

H. B. 2944, Removing the "within two years" time restriction for application for reinstatement by a former police officer, thirty five-years old or older who previously resigned from the police force,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2944 - "A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-15-17 of said code; all relating to reinstatement of former police officers or former firefighters,"
With the recommendation that the committee substitutes 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 (Com Sub. for H. B. 2850 and Com. Sub. for H. B. 2944) 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. 2945, Relating to solicitation of water samples by persons or private entities and providing information identifying the name of the company making the solicitation,
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. 2945) will be placed on the Consent Calendar.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 3015, Establishing a new organ donor license plate,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3015 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to extending the time for the Knights of Columbus to comply; providing for special registration plates for organ and tissue donors, for present and former Boy Scouts, for present and former Boy Scouts who have achieved Eagle Scout status, for members of Lions International, for honoring coal miners, for licensed practical nurses and for registered nurses; providing for initial fees and providing for annual fees,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the request of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for H. B. 3015) to a committee was dispensed with.
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 eighteenth 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:
(H. B. 2495), Repeal the requirement that jails be inspected by appointees of the Circuit Courts.
Messages from the Senate

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. 24 -"Recognizing and supporting the continued growth and promotion of the apiary industry in the State of West Virginia."
Whereas, In 1987, the West Virginia bee industry was virtually destroyed by disease. Through the hard work of both the Department of Agriculture and dedicated beekeepers throughout the state, the number of bee colonies has increased from 2,000 colonies to around 16,000 colonies since 1995; and
Whereas, With the increase in bee colonies, the number of beekeepers increased from 200 to 1,200--an overall growth of 800 percent in nine years; and
Whereas, During 2004, bee colonies produced over 1.15 million pounds of honey at a resale value of $2,638,000; and
Whereas, The State Honey Cooperative was formed in 2001 to aid local beekeepers in the production, sale and extraction of honey. This facility has given beekeepers a place to buy supplies at a reasonable cost, thus saving beekeepers an estimated $30,000 in out-of-state shipping and handling charges; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes and supports the continued growth and promotion of the apiary industry in the State of West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Department of Agriculture.
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. 44 - "Requesting the Division of Highways name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the 'Dewey Russell Crowder Memorial Bridge'."
Whereas, Dewey Russell Crowder lived on Douglas Branch off Frame Road near Elkview at the time he joined the Army; and
Whereas, Dewey Russell Crowder was killed in action on November 22, 1944, near the Elbe River in Germany while serving with General George S. Patton's 3rd Army in World War II; and
Whereas, Dewey Russell Crowder was only 19 years old when he paid the ultimate price in defense of his country; and
Whereas, Dewey Russell Crowder and others like him who made the supreme sacrifice to preserve our country's freedoms are worthy of our deepest gratitude and remembrance; and
Whereas, It is only fitting that the new bridge on Frame Road near Dewey Russell Crowder's childhood home be named in his honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the recently constructed bridge over Little Sandy Creek on Frame Road
near Elkview, Kanawha County, the "Dewey Russell Crowder Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge as the "Dewey Russell Crowder 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 and to the surviving family of Dewey Russell Crowder.
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. 45 - "Requesting the Division of Highways name the bridge on Route 16 and U. S. Route 50 near Ellenboro, Ritchie County, the 'West Virginia State Trooper Larry G. Hacker Memorial Bridge'."
Whereas, Larry G. Hacker graduated from the West Virginia State Police Academy in August, 1989, and was assigned to the Harrisville Detachment in Ritchie County; and
Whereas, On April 9, 1993, Trooper Hacker was killed in the line of duty while responding to a dispatch concerning a property dispute; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Route 16 and U. S. Route 50 near Ellenboro, Ritchie County, the "West Virginia State Trooper Larry G. Hacker Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of the bridge which designates the bridge as the "West Virginia State Trooper Larry G. Hacker 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; Mrs. Diane Hacker-McCullough; Lynda Yates, Executive Director of Central Communications, Inc.; the West Virginia State Police Headquarters; the West Virginia State Police Detachment in Harrisville, Ritchie County; and the Ritchie County Commission.
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. 47 - "Requesting the Division of Highways name the bridge near Seebert, Pocahontas County, at the entrance to Watoga State Park, the 'Tom Edgar Memorial Bridge'."
Whereas, Thomas E. Edgar of Hillsboro, Pocahontas County, was a highly decorated World War II veteran who was wounded in battle; and
Whereas, Thomas E. Edgar was elected to the West Virginia House of Delegates in 1960 and served until his death in 1972; and
Whereas, As a disabled veteran, the Honorable Thomas E. Edgar was instrumental in eliminating structural barriers for the handicapped. In 1972, a handicapped entrance to the West Virginia State Capitol was dedicated in his memory; and
Whereas, As a member of the Legislature, one of the projects of the Honorable Thomas E. Edgar was the construction of the bridge near Seebert, Pocahontas County, at the entrance to Watoga State Park; and
Whereas, It is only fitting that the bridge for which he was responsible be named in his honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge near Seebert, Pocahontas County, at the entrance to Watoga State Park, the "Tom Edgar Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Tom Edgar 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. 53 - "Requesting the Division of Highways name the portion of U. S. Route 16 beginning at the Raleigh/Fayette county line and ending in Oak Hill, Fayette County, the 'Hank Williams, Sr., Memorial Road'."
Whereas, Hank Williams, Sr., traveled over the portion of U. S. Route 16 beginning at the Raleigh/Fayette county line and ending in Oak Hill, Fayette County, shortly before his death near Oak Hill on the night of December 31, 1952; and
Whereas, The haunting melodies created by Hank Williams, Sr., have touched the souls of so many throughout the United States; and
Whereas, The contributions of Hank Williams, Sr., have helped propel country music into the billion-dollar industry it is today; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the portion of U. S. Route 16 beginning at the Raleigh/Fayette county line and ending in Oak Hill, Fayette County, the "Hank Williams, Sr., Memorial Road"; 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 and the Governor.
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. 58 - "Petitioning the United States Congress investigate the loss of insurance coverage and pensions for active and retired coal miners due to the bankruptcy of Horizon Natural Resources and the closing of Cannelton Mine in Kanawha County."
Whereas, On August 31, 2004, Federal Bankruptcy Court for the Eastern District of Kentucky issued a decision that allowed for the sale of Horizon Natural Resources' assets, which include Cannelton Mine located in eastern Kanawha County; and
Whereas, As a part of the settlement, the Court allowed Horizon Natural Resources to void its contract with workers, thereby eliminating its contractual obligation to provide medical insurance coverage to the active and retired membership; and
Whereas, The Court also permitted the company's assets to be sold "free and clear", leading to the termination of health benefits for retirees covered by the Coal Act, a federal statute enacted by Congress in 1992 to prevent coal companies from abandoning retirees; and
Whereas, As a result of the decision in Federal Bankruptcy Court, on September 27, 2004, the Cannelton Mine was idled and 250 coal miners lost their jobs and health benefits; approximately 100 active miners were laid off before they could accrue full pension benefits; approximately 1,000 retirees and their spouses in Kanawha and Fayette counties lost their health benefits; and local and coal mine-related businesses in this state lost thousands of dollars owed to them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby petitions the United States Congress investigate the loss of insurance coverage and pensions for active and retired coal miners due to the bankruptcy of Horizon Natural Resources and the closing of Cannelton Mine in Kanawha County; and, be it
Further Resolved, That the Legislature hereby requests Congress determine whether the bankruptcy laws should be amended to ensure that workers' health and pension benefits are protected; and, be it
Further Resolved, That the Legislature hereby requests the Governor review and develop policies and programs to protect the economic welfare of coal miners and communities negatively affected by mine closures as a result of bankruptcies of coal mining companies and convene a meeting of federal, state and local elected and appointed officials associated with coal mining and coal miners' health and safety to review and evaluate the 1992 Coal Act and other federal and state laws in light of the Horizon Natural Resources' bankruptcy to determine the need for amendment of these laws; 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 and the Governor.
Resolutions Introduced

Delegates Poling, Staton, Talbott, Hatfield, G. White, Canterbury, Carmichael, Tansill, Azinger, Romine, Sumner, Ellem, Anderson, Argento, Ashley, Barker, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Craig, Duke, Eldridge, Evans, Ferrell, Fragale, Frederick, Frich, Hall, Hartman, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Louisos, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Porter, Proudfoot, Roberts, Rowan, Schadler, Schoen, Spencer, Stemple, Stephens, Stevens, Swartzmiller, Tabb, Rick Thompson, Trump, Tucker, Wakim, Walters, Webster, Wells, H. K. White, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
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 and the role that veterinarians working out of private sector mobile vans equipped to provide low-cost spay and neuter services to low income and disadvantaged residents."
Whereas, Some areas of this state are besieged by increasing numbers of unwanted and free roaming domestic animals which threaten livestock and spread disease among other animals; and
Whereas, Many owners of domestic animals are without the means to spay or neuter their domestic animals or to properly care for their unplanned offspring; and
Whereas, The use of a privately donated mobile van equipped to provide low-cost spay and neuter services to the citizens of Barboursville, West Virginia and the surrounding areas has proven to be cost effective and efficient; and
Whereas, Because of restrictions placed on the use of these properly equipped mobile vans, they are prohibited from serving a more extensive area; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to study the need to provide low-cost spay and neuter programs across the state and the role that veterinarians working out of private sector mobile vans equipped to provide low-cost spay and neuter services to low income and disadvantaged residents; 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.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Varner, Williams, Mahan, Beach, Craig, Boggs, Proudfoot, Perdue, Barker, Morgan and G. White:

H. B. 3109 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to allowing a nonresident, licensed to carry concealed weapons in another state, to carry a concealed weapon in this state pursuant to the provisions of their out-of-state license without the necessity of a reciprocal agreement existing between the nonresident's state and this state"; to the Committee on the Judiciary.
By Delegate Amores:
H. B. 3110
- "A Bill to amend and reenact §39A-3-1, §39A-3-2 and §39A-3-3 of the Code of West Virginia, 1931, as amended, all relating to digital signatures generally; defining certain terms; providing for use of an electronic postmark; authorizing promulgation of an emergency rule; and authorizing use of a federal certificate authority and repository program"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 3111 - "
A Bill to amend and reenact §61-8-19, §61-8-19a, §61-8-19b and §61-8-20 of the Code of West Virginia, 1931, as amended, all relating to expanding the definition of animal cruelty, instituting stronger penalties for animal cruelty"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 3112
- "A Bill to amend and reenact §60-8-30 of the Code of West Virginia, 1931, as amended, relating to requiring that wine distributorships be divided into territories; and providing criminal penalties for violators"; to the Committee on the Judiciary.
By Delegates H. White. Kominar, Ron Thompson, Perry, Hamilton and Cann:

H. B. 3113 - "A Bill to amend and reenact §46A-5-101 of the Code of West Virginia, 1931, as amended, relating to limiting to one year the time that an action may be brought for a violation of the Consumer Protection Act involving consumer credit sales or consumer loans made pursuant to revolving charge accounts or revolving loan accounts; and providing certain exceptions"; to the Committee on the Judiciary.
By Delegate Spencer:
H. B. 3114 - "A Bill to amend and reenact §18-5A-5 of the Code of West Virginia, 1931, as amended, relating to granting the faculty senate authority to make decisions on new programs and curriculum"; to the Committee on Education then the Judiciary.
By Delegate Hatfield, Martin, Perdue, Marshall, Yost, Kominar and Long:
H. B. 3115 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1, relating to ensuring patient safety; defining terms; creating an "acuity-based patient classification system;" assigning powers and duties to the Bureau for Public Health; establishing minimum direct-care registered nurse to patient ratios; requiring annual staffing plans and certifications as a condition of licensing; requiring an annual audit; providing additional conditions for licensing; prohibiting assignment of unlicensed personnel to perform licensed nurse functions; requiring a full-time registered nurse executive leader; providing for quality assurance; requiring appropriate orientation and competence in clinical area of assignment with documentation thereof to be maintained in personnel files; prohibiting understaffing of other personnel; prohibiting mandatory overtime and on-call policies except in emergencies; providing for violations and civil penalties; and posting notices of violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Ennis:
H. B. 3116 - "A Bill to amend and reenact §8-22-25 of the Code of West Virginia, 1931, as amended, relating to municipal police and firemen pension plans; providing that where a member's service has been interrupted by military service, that member may receive retirement benefits immediately upon retirement"; to the Committee on Pensions and Retirement then Finance.
By Delegates H. White, Kominar, Ron Thompson, Perry and Hamilton:
H. B. 3117 - "A Bill to amend and reenact §33-4-15 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-4-21, all relating to reinsurance and a reinsurer's liability in an insolvency"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 3118 - "A Bill to amend and reenact §32A-3-1 of the Code of West Virginia, 1931, as amended, relating to raising the fee for persons that are permitted to cash checks from one percent to three percent"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Varner, Williams, Crosier, Kominar, Stemple, Beane, Perry, H. White, Michael and Campbell:

H. B. 3119 - "A Bill to amend and reenact §20-1-10 of the Code of West Virginia, 1931, as amended, relating to providing that the Division of Natural Resources may not reduce the habitat land acreage available for hunting and shooting opportunities unless the Division opens other areas to recreational hunting and shooting so that there is not a net loss of habitat land acreage available for hunting and shooting"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Overington, Schadler and Brown:
H. B. 3120 - "A Bill to amend and reenact §61-8-19a and §61-8-19b of the code of West Virginia, 1931, as amended, all relating to providing the same protection from animal fighting to all animals and extending the application of criminal penalties"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump:
[By Request of the Executive]:
H. B. 3121 - "A Bill to repeal §18B-1-7 and §18B-1-9 of the Code of West Virginia, 1931, as amended; to repeal §18B-2-1, §18B-2-2 and §18B-2-3 of said code; to repeal §18B-3-1, §18B-3-2, §18B-3-3, §18B-3-5 and §18B-3-7 of said code; to repeal §18B-5-2d of said code; to repeal §18B-14-11 of said code; to amend and reenact §5G-1-2 of said code; to amend and reenact §5-6-4A of said code; to amend and reenact §12-3-5, §12-3-6, §12-3-7 and §12-3-8 of said code; to amend and reenact §18B-1-3 and §18B-1-6 of said code; to amend and reenact §18B-1A-2 and §18B-1A-6 of said code; to amend and reenact §18B-1B-4, §18B-1B-5 and §18B-1B-6 of said code; to amend said article by adding thereto a new section, designated §18B-1B-13; to amend and reenact §18B-2A-3 and §18B-2A-4 of said code; to amend said code by adding thereto a new section, designated §18B-2B-9; to amend said code by adding thereto four new sections, designated §18B-3-1, §18B-3-2, §18B-3-3 and §18B-3-4; to amend and reenact §18B-4-5, §18B-4-5a, §18B-4-6 and §18B-4-7 of said code; to amend and reenact §18B-5-3, §18B-5-4, §18B-5-7 and §18B-5-9 of said code; to amend said code by adding thereto a new section, designated §18B-5-10; to amend and reenact §18B-10-1, §18B-10-5 and §18B-10-6 of said code; to amend said code by adding thereto a new section, designated §18B-10-6a; to amend said code by adding thereto a new section, designated §18B-11-7; and to amend said code by adding thereto a new section, designated §18B-14-12, all relating to higher education; providing flexibility measures for certain state institutions of higher education; transferring powers, authorities responsibilities and duties between certain entities; definitions; excepting certain institutions from certain requirements for selecting engineering and architectural services; excepting certain institutions from certain required reports to Joint Committee and Government and Finance regarding real property contracts and agreements; requiring transfer of real property under certain circumstances from Higher Education Policy Commission to certain institutions; clarifying real property retention rights of Policy Commission for certain jointly used real property; modifying format and documentation requirements for acceptance of certain documents by State Auditor; expanding permissible uses for purchase card; transferring to State Auditor certain duties regarding purchase cards; transferring to State Auditor authority to approve certain purchase card payments designated to exceed the purchase amount limits, and to set the amount by which such payments may exceed the limits; exempting certain institutions from certain document submission requirements for travel expense reimbursement; clarifying requirements for promulgation of higher education rules; requiring certain institutions to promulgate certain rules; establishing certain requirements for rule adoption, validation, enforcement and reporting; limiting certain authorities when rules not adopted; transferring to certain institutions authority for compact and master plan development, review and approval; limiting Policy Commission jurisdiction, power, responsibility and authority regarding certain institutions; modifying Policy Commission duties; expanding Policy Commission discretion in setting Chancellor salary; specifying limitation of certain entities on exercising certain authorities and fulfilling certain responsibilities; modifying responsibility for assigning institutions' geographic areas of responsibility; limiting circumstances when certain institutions are required to collaborate in providing certain graduate-level programs; transferring to certain institutions authority for capital project need identification, prioritization and selection; modifying criteria considered for capital project selection; extending to certain institutions authority to approve compensation package for president; preserving the jurisdiction and authority of certain higher education entities to manage technology; clarifying authority of Policy Commission to assess certain fees; specifying when discharging certain duties requires consultation among various higher education entities; transferring to certain institutions authority to approve tuition and fee increases, review and approve academic programs, develop capitol budgets and set standards for conferring degrees; exempting certain institutions from Attorney General and Policy Commission approval requirements for executing certain documents, instruments and purchases; requiring study and report of recommendations relating to higher education personnel issues; establishing scope of personnel study and charges for implementation; modifying requirements and authorities regarding delegation of powers by certain higher education entities; expanding and modifying the powers and duties of research, doctoral- granting public universities and their governing boards; providing legislative findings, purpose and intent for such expansion and modification; for certain institutions expanding authority and establishing parameters and procedures for donating certain surplus computers and related items; limiting application to certain institutions of certain surplus item disposal requirements; defining the relationship between the Policy Commission and certain governing boards, and between the West Virginia Council for Community and Technical College Education and certain governing boards; establishing and defining the duties of certain governing boards to address state priorities and the goals for post-secondary education established by the Legislature, and defining the state priorities, and requiring annual report of progress; expanding jurisdiction of certain campus police officers in certain situations; expanding jurisdiction of certain parking and vehicle operating violations for certain institutions; specifying certain acceptable qualifications for employment as campus police officer at certain institutions; expanding responsibility of certain institutions to investigate certain crimes; expanding authority of certain institutions to expend the excess of certain parking fees collected; increasing fines and expanding penalty options for certain parking and vehicle operating violations at certain institutions; exempting certain institutions from requirements to participate in certain cooperative purchasing and operating arrangements; specifying responsibility of certain institutions for ensuring fiscal integrity of operations; establishing requirements for implementing best business and management practices for certain institutions, including certain required reports; requiring study of insurance and risk management programs and subsequent report; specifying scope and parameters of insurance and risk study; expanding discretion of certain institutions to offer undergraduate and graduate level fee waivers, eliminating certain waiver award restrictions and requiring rule governing waivers; requiring certain institutions to establish a nonprofit Regional Brownfield Assistance Center; defining Assistance Center service regions; establishing Assistance Center powers and duties; creating Governor's Commission on Graduate Study in Science, Technology, Engineering and Mathematics, establishing membership, assigning charge to Commission, providing legislative findings and requiring report to Legislative Oversight Commission on Education Accountability; deleting, repealing and updating certain obsolete provisions; and making technical corrections"; to the Committee on Education then Finance.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 2783
, Authorizing the Director of the Division of Rehabilitation Services to allow youth or other civic groups to use rehabilitation facilities and to charge a reasonable rent therefor,
H. B. 2837, Prescribing personal finance instruction in secondary schools by the State Board of Education,
Com. Sub. for H. B. 2936, Relating to regulation of advertising by dentists,

And,
H. B. 3018, Relating to designation of Mountaineer Challenge Academy as a special alternative education program.
On the passage of the bills, the yeas and nays were taken (Roll No. 143), 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: Butcher, Manchin, Perry and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2783, H. B. 2837, Com. Sub. for H. B. 2936 and H. B. 3018) passed.
Delegate Staton moved that H. B. 2783 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 148), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Butcher, Manchin, Perry 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. 2783) 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 and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2619, Providing that moneys from revenues allocated to volunteer and part volunteer fire companies and departments may be expended for the payment of dues to national, state and county associations,
And,
Com. Sub. for H. B. 2626, Providing that active military personnel stationed in this state need not obtain a hunting, fishing or trapping permit.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 229, Relating to reports of financial institutions to Division of Banking,

Com. Sub. for H. B. 2789, Relating to the assessment date for bank holding companies,

H. B. 2885, Relating to tuberculosis testing, control, treatment and commitment,

Com. Sub. for H. B. 2911 - Removing limitations upon the acreage of lands that may be held by the trustee or trustees of any church, parish or branch of religious sect, society or denomination within this state,
H. B. 2914, Restricting actions against doctors who are board certified in reproductive endocrinology and infertility for in vitro fertilization attempts that fail to result in a live birth,
Com. Sub. for H. B. 2973, Allowing broker/dealers, in addition to banks, to act as custodians of insurance company securities,
H. B. 3104, Relating to the payment of telecommunications charges,

H. B. 3105, Creating a special revenue fund for the provision of occupational safety and health initiatives,
And,
H. B. 3106, Relating to the ability of the public employees insurance agency to participate in the investment pools of the investment management board.
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed with him for the removal of a bill from the Consent Calendar to the House Calendar:
Com. Sub. for H. B. 2911, on first reading, Consent Calendar, to the House Calendar, by Delegate Trump.
Special Calendar

Unfinished Business

H. C. R. 38
, Requesting the executive departments to establish a coordinated succession planning process which includes providing opportunities to correct the system-wide gender pay disparity among state employees; 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. 43, Requesting the State of West Virginia and the United States Federal Government to recognize that the counties of Berkeley and Jefferson are part of the historic Shenandoah Valley, 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. 44, Requesting the Joint Committee on Government and Finance study alternatives to out-of -state placement of children committed to the care of the State of 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

Com. Sub. for H. B. 2775,
Equalizing the interest rate for prejudgment and post-judgment awards; on third reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Amores, and by unanimous consent, the rule was suspended to permit the offering and consideration of amendments on third reading.
On motion of Delegate Amores, the bill was then laid over until tomorrow.
H. B. 2814, Relating to financially-related activities of State-charted Banking Institutions; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
Second Reading

S. B. 476, Allowing use of red-colored artificial light when hunting coyotes; on second reading, coming up in regular order, was read a second time.
Delegate Trump moved to amend the bill on page nine, section five, line one hundred fifty- nine, after the word "wildlife" by inserting the following: "Provided, That on or after the first day of July, two thousand five, a Class Y permit shall be a special statewide hunting permit and shall entitle the permittee to use a crossbow to hunt all legal wildlife as determined by the director during the designated season. A Class Y permit is valid for thirty-six months and may be renewed. An application shall be furnished by the director and a Class Y permit allowing the holder to use a mouth tab, body brace, a modified compound or recurve or long bow or crossbow, during West Virginia?s archery seasons shall be issued to applicants who meet the following requirements:(A) he or she holds a Class Q permit; or(B) he or she has a permanent and substantial loss of function in one or both hands while failing to meet the minimum standards of the upper extremity pinch, grip and nine-hole peg tests administered under the direction of a physician; or(C) a permanent and substantial loss of function in one or both shoulders while failing to meet the standards of the standard shoulder strength test, administered under the direction of a physician. The application form shall include a written statement or report prepared by a physician, prepared no more than six months preceding the application and verifying that the applicant is physically disabled as described in this section. Only crossbows meeting all the following specifications may be used for hunting in West Virginia:(A) the crossbow has a minimum draw weight of one hundred twenty-five pounds and a maximum draw weight of two hundred pounds;(B) the crossbow has a working safety; and (C) the crossbow is used with bolts or arrows of not less than fourteen inches in length with a broad head. A Class Y permit must be accompanied by a valid statewide hunting license or the applicant must be exempt from hunting licenses as provided in this chapter".
Delegate Stemple arose to a point of order as to the germaneness of the amendment.
The Speaker stated that the fundamental purpose of the bill was to permit legal hunting of coyotes by the use of amber-colored light and that the fundamental purpose of the amendment would permit crossbow hunting for certain individuals, and, following consultation with the Clerk, ruled that the fundamental purpose of the amendment was not germane to the fundamental purpose of the bill to which it was offered.
The bill was then ordered to third reading.
Com. Sub. for H. B. 2229, Providing for the temporary detention of juvenile perpetrators of domestic violence; on second reading, coming up in regular order, was read a second time.

On motion of Delegate Amores, the bill was amended on page seven, section four hundred three, line one hundred five, after the word "attorney" by striking out the words "shall then immediately" and by inserting the word "may" and on line one hundred eight immediately before the period by inserting the words "within two judicial days".
And
On page eleven, section seven, line seventy-five, after the word "attorney" by striking out the words "shall then immediately" and by inserting the word "may" and on line seventy-seven, immediately before the period by inserting the words "within two judicial days".
There being no further amendments, the bill was then ordered to engrossment and third reading.

First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 2117, Increasing the title examination costs charged by the clerk of the county commission to redeem real estate,
And,

Com. Sub. for H. B. 2522, Relating to creating and licensing mini-distilleries.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Butcher, Manchin, Perry and Schadler.
Miscellaneous Business

Delegate Stevens asked and obtained unanimous consent that the remarks of Delegates Blair and Duke concerning the trash problem in the Eastern Panhandle be printed in the Appendix of the Journal.
Delegate Ron Thompson announced that he was absent on Friday when the votes were taken on Roll Nos. 131 through142, and had he been present he would have voted "Yea" thereon.
At 2:18 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Tuesday, March 22, 2005.