hdj2006-1-30-20

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Monday, January 30, 2006

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, January 27, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Road and Transportation has had under consideration:
H. B. 3283, Relating to providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal,
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. 3283) was referred to the Committee on the Judiciary.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4004, Relating to the use of a traffic law photo-monitoring device to detect traffic law violations,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4004) was referred to the Committee on the Judiciary.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2141, Prohibiting persons from soliciting contributions on public highways,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2141 - "A Bill to amend and reenact §17C-10-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17C-19-13a, relating to establishing criteria and limitations for soliciting donations on public highways; and penalties,"
With the recommendation that the committee substitute do pass.
Resolutions Introduced
Delegates Armstead, Lane and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 26 - "Naming the new bridge spanning the Elk River in Clendenin, West Virginia, the 'Hardman Brothers Bridge'."
Whereas, The Hardman Brothers, Harper, Harry, Jack, Robert and Lawrence, grew up and attended school in Clendenin, West Virginia, and each later unselfishly served this country in the armed services; and
Whereas, Harper Hardman, now deceased, served in the Air Force from 1941 to 1971 in World War II, Korea and Vietnam; and
Whereas, Harry Hardman served in the Navy from 1941 to 1974 in World War II, Korea and Vietnam; and
Whereas, Jack Hardman served in the Navy from 1948 to 1971 in Korea and Vietnam; and
Whereas, Richard Hardman served in the Navy from 1949 to 1954 in Korea; and
Whereas, Robert Hardman served in the Air Force from 1951 to 1973 in Korea and Vietnam; and
Whereas, These five brothers served, combined, over one hundred years of active duty military service, including service during World War II, The Korean War and the Vietnam War; therefore, be it
Resolved by the Legislature of West Virginia:
That the new bridge spanning the Elk River in Clendenin, West Virginia, be named the "Hardman Brothers Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be manufactured appropriate signs with the prominent display of the words "Hardman Brothers Bridge" and to erect same at either end of the bridge spanning the Elk River in Clendenin, West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Chapter of the Veterans of Foreign Wars, Post 3522 of the Fourth District, located in this state and to the Commissioner of the Division of Highways.
Delegates Long, Yost, Boggs, Staton, Swartzmiller, Border and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 27 - "Amending Joint Rules of the Senate and the House of Delegates."
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates be amended by adding thereto a new rule, designated Rule 30, to read as follows:
Joint Committee on Technology
30. (a) A joint standing committee of the Senate and House, named the Joint Committee on Technology, shall continually study and investigate means and methods to develop and maintain an overall technology policy for the State of West Virginia with respect to: (1) Application of technology to free state employees from repetitive tasks so the employees may focus on more important tasks; (2) Application of technology to speed information flow and information management to achieve a faster response time to users of government services, including businesses, individuals and intergovernmental users; (3) Minimize transaction costs; and (4) Meet the demands of constituents for use of technology. All computer and technology related legislation introduced in the Legislature shall be referred to the committee in addition to any other reference the presiding officer may designate.
(b) The committee consists of seven members of the Senate to be appointed by the President of the Senate and seven members of the House of Delegates to be appointed by the Speaker of the House of Delegates. If possible, no more than five of the seven members appointed by the President of the Senate and the Speaker of the House of Delegates, respectively, may be members of the same political party.
(c) The committee shall make a continuing study and investigation of all aspects of technology and endeavor to stimulate, encourage, promote, and assist in the development of technology in the state, and related public policies. The powers and duties of the committee include, but are not limited to, the following:
(1) Review the annual reports and work plans submitted by the Office of Technology of the Department of Administration and the West Virginia Science and Technology Advisory Council concerning the development of access to a statewide public telecommunications network for distance learning, telemedicine, and universal access for governmental entities, e-government, e-commerce and other issues relating to technology, either initiated by those agencies or the committee, or referred to it by either house of the Legislature for study or review;
(2) Exercise leadership to coordinate for the various committees of the Legislature the various activities, studies, and planning activities of the Legislature which relate to any aspect of technological development;
(3) Evaluate the impact of existing statutes and proposed legislation related to technology in the state;
(4) Use the Office of Technology of the Department of Administration and other resources to investigate, research, and consider issues related to technology as may be requested by the Legislature and make recommendations to the Legislature; and
(5) Encourage research and development in technology.
(6) Inventory and consult with existing technology businesses and enterprises as to ways to foster increased business activity and employment opportunities.
(7) Working in cooperation with the Office of Technology and the Department of Administration, the committee shall recommend guidelines to be used by the Legislature, state government, and state political subdivisions for technology related purchasing.
(d) The committee shall hold meetings at such times and places as it may designate. The President of the Senate shall appoint a cochair of the committee from the Senate members and the Speaker of the House of Delegates shall appoint a cochair of the committee from the House of Delegates members. When the Legislature is not in session, the committee shall meet and conduct its business as a joint committee.
When the Legislature is in session, in addition to joint meetings, the members of either house may meet separately from members of the other house to conduct committee business concerning technology related legislation introduced or originated in that house. When the members meet separately, they may function as other committees of that house. As far as practicable, relevant information, including actuarial letters or notes, gathered by members meeting separately from the other house shall be sent to the cochair of the other house if it is considering the same or similar legislation.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Pino, Pethtel, Rick Thompson, Carmichael, Michael, Boggs, Beane, Armstead, Howard, Hall and Ennis:

H. J. R. 106 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section 23, relating to the marriage protection amendment; prohibiting the State from recognizing same sex marriages; prohibiting the State from recognizing a Legal Status for relationships that is similar to marriage; 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.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Wysong, Tabb and Doyle:
H. B. 4240 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-3C-13, relating to changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College"; to the Committee on Education.
By Delegates Tabb, Wysong, Doyle, Williams, Mahan, Caputo, Cann, Hatfield, Louisos, Ennis and Campbell:

H. B. 4241 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-104a, relating to preventing a merchant from soliciting a consumer's telephone number during a retail sales transaction unless the information is required for a legitimate purpose to complete the sales transaction"; to the Committee on the Judiciary.
By Delegates Tabb, Wysong, Trump, Overington, Doyle, Blair, Roberts and Duke:

H. B. 4242 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22C-4-23a; and to amend and reenact §24A-2-5 of said code, all relating to allowing certain county or regional solid waste authorities in growth areas to designate carriers of solid waste exempt from obtaining a certificate of convenience and necessity"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Boggs, Ennis, Williams and Roberts:
H. B. 4243 - "A Bill to amend and reenact §17A-4-10 of the Code of West Virginia,1931, as amended, relating to salvage certificates for certain wrecked vehicles; changing the threshold by which a vehicle is determined to be totaled; clarifying certain definitions; and eliminating the deposit of certain fees in a designated special revenue account"; to the Committee Roads and Transportation then Finance.
By Delegates Craig, Amores, Morgan and Leach:
H. B. 4244 - "A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to the reducing and gradually eliminating the business franchise tax"; to the Committee on Finance.
By Delegates Hatfield, Perdue, Tucker, Staton, Varner, Ashley, G. White, Ennis, Duke, Amores and Caputo:

H. B. 4245 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1D-1, §21-1D-2 and §21-1D-3, all relating to requiring employers to provide health insurance to employees working on public improvement projects"; to the Committee on Health and Human Resources then Government Organization.
By Delegate Lane:
H. B. 4246 - "A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to prohibiting municipalities from imposing user fees on persons who reside outside the municipality"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Ron Thompson, Frich, Hrutkay, Perry and H. White:
H. B. 4247 - "A Bill to amend and reenact §31A-4-35 of the Code of West Virginia, 1931, as amended, relating to the time period for which state banks must retain records"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Ron Thompson, Frich, Hrutkay, Perry and H. White:
H. B. 4248 - "A Bill to amend and reenact §31A-4-13 of the Code of West Virginia, 1931, as amended, relating to powers of state banking institutions; and changing investment limitation for state chartered banks"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Ron Thompson, Frich, Hrutkay, Perry and H. White:
H. B. 4249 - "A Bill to amend and reenact §31A-4-3 of the Code of West Virginia, 1931, as amended, relating to the authorization of state banking institutions to issue more than one class of stock"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Ron Thompson, Frich, Hrutkay, Perry and H. White:
H. B. 4250 - "A Bill to amend and reenact §31A-3-1 of the Code of West Virginia, 1931, as amended, relating to the appointment of members of banking institutions to the Board of Banking and Financial Institutions and to the qualification of members appointed to represent the public on the board"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Amores, Doyle, Caputo, Brown, Lane, Staton, Ellem, Perdue, Louisos, Browning and Moore:

H. B. 4251 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3- 12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18 and §3-12-19, all relating generally to providing an alternative public funding option of election campaigns for candidates for the state Senate and House of Delegates; setting forth as short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the offices of state Senate and House of Delegates; establishing a public campaign financing fund and sources of revenue for the fund; requiring an additional penalty assessment be imposed against violators of administrative orders, rules and regulations of state governmental agencies, boards and commissions; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which an application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing that qualified candidates shall receive funding for election campaigns from the Public Campaign Financing Fund; specifying the amount of funds available for each office and when the funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; requiring certain disclosures; requiring candidates to keep records and report to the State Election Commission; providing for matching public campaign funds when an opponent spends in excess of the initial funding available to a certified candidate and for independent expenditures on behalf of a nonparticipating or certified opponent; setting forth certain duties of the State Election Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date"; to the Committee on the Judiciary then Finance.
By Delegates Frich, Hrutkay, Perry, H. White and Ron Thompson:
H. B. 4252 - "A Bill to amend and reenact §31A-4-26 of the Code of West Virginia, 1931, as amended, relating to limitations on loans and extensions of credit; providing for a limitation on investments; limiting loans to executive officers and directors of banks and employees of the banking department; outlining exceptions; and, creating a valuation of securities"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Doyle, Wysong and Tabb:
H. B. 4253 - "A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended, relating to removing the requirement that the chairperson of Shepherd University and the chairperson of the Community and Technical College of Shepherd sit on each others board of governors"; to the Committee on Education.
By Delegates Amores, Staton, Proudfoot, Tabb and Doyle:
H. B. 4254 - "A Bill to amend and reenact §19-20-1, §19-20-2, §19-20-5 and §19-20-11 of the Code of West Virginia, 1931, as amended, all relating to allowing counties to tax cats in the same manner as dogs"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Martin, Beane, Ennis, Argento, Perdue, Tucker, Blair and Rowan:

H. B. 4255 - "A Bill to amend and reenact §5A-3-5 and §5A-3-11 of the Code of West Virginia, 1931, as amended, all relating to adding the expected life of product or commodity as factor in standard specifications for state purchasing contracts"; to the Committee on Government Organization.
By Delegates Stemple, Proudfoot, Williams, Mahan, Michael, Argento and Perdue:

H. B. 4256 - "A Bill to amend and reenact §6-6-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6-6-7a, all relating to providing a procedure for removal of county, district or municipal officers; providing a procedure for removal of members appointed to county or municipal boards, authorities or commissions for fixed terms; requiring written notice of intent to remove; allowing an appointed member to object in writing to removal; requiring a hearing when a member objects to removal; requiring a written decision after a removal hearing to include findings of fact and conclusions of law supporting the decision whether or not to remove a member of a board, authority or commission; setting time periods for certain actions; authorizing the appeal of a decision to circuit court; requiring written decisions when removing members who fail to respond to notice of intent to remove; authorizing appointment of persons to fill vacancies created when a member is removed; and making technical corrections"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Spencer, Frich, Marshall, Rick Thompson and Moore:

H. B. 4257 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-2D-1, §17-2D-2, §17-2D-3 and §17-2D-4, all relating to the West Virginia Courtesy Patrol; providing a purpose; addressing the operation and scope of the courtesy patrol program; and providing education services to courtesy patrol participants after program enrollment"; to the Committee on Roads and Transportation then Finance.
By Delegates Michael, Williams, Stemple, Tabb, Anderson and Evans:

H. B. 4258 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; powers and duties of the Department of Agriculture; promulgation of rules; duties and obligation of the commissioner; application process; issuance, renewal, modification, and transfer of a license certificate; inspection of facilities; transition of current facilities; noncompliance with article and providing for certain criminal penalties and remedies"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Marshall, Stephens, Miley, Iaquinta, Manchin, Fragale, Caputo, Longstreth and Spencer:

H. B. 4259 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all relating to increasing certain county boards of education personnel salaries; rectifying certain salary schedule and pay grade inequities; clarifying certain pay grade and additional compensation qualifications and allowing for service personnel seniority retention"; to the Committee on Education then Finance.
By Delegates Perry, Williams, Beach, Stephens, Crosier, Eldridge and Argento:

H. B. 4260 - "A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended, relating to removing the requirement that the state board establish and staff an office of education performance audits"; to the Committee on Education then Finance.
By Delegates Brown, Palumbo, Spencer, Sumner and Armstead:
H. B. 4261 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to the Division of Motor Vehicles creation and issuance of a license plate featuring the University of Charleston with the educational institution's insignia displayed on it"; to the Committee on Roads and Transportation then Finance.

By Delegates Iaquinta, Caputo, Swartzmiller, Fragale, Amores and Evans:

H. B. 4262 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto three new sections, designated §23-4-26, §23-4-27 and §23-4-28, all relating to cardiovascular injury or disease or pulmonary disease suffered by a firefighter; cardiovascular injury or disease or pulmonary disease resulting in a firefighter's death; and presumption of occupational disease for certain types of cancer for firefighters who have been exposed to toxic substances"; to the Committee on the Judiciary then Finance.
By Delegates DeLong, Yost and Ellem:
H. B. 4263 - "A Bill to amend and reenact §33-20-5 of the Code of West Virginia, 1931, as amended, relating to limiting the use of a credit score in casualty insurance rate filings"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, Amores, Mahan, Poling, Talbott, Marshall, Webster, Caputo, Moore, Hrutkay and Campbell:

H. B. 4264 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-47, relating to creating the Student and Family Privacy Protection Act"; to the Committee on Education.
By Delegate Williams:
H. B. 4265 - "A Bill to amend and reenact §61-3-39g of the Code of West Virginia, 1931, as amended, relating to providing that when a person from another state writes a worthless check in this state which results in a summons to appear in magistrate court but then fails to appear shall have his or her privilege to drive in this state revoked; and providing that the Division of Motor Vehicles provide a copy of the revocation to the state wherein the person holds a driver's license"; to the Committee on the Judiciary then Finance.
By Delegates Ron Thompson, Frich, Hrutkay, Perry and H. White:
H. B. 4266 - "A Bill to amend and reenact §31A-8-5 of the Code of West Virginia, 1931, as amended, relating to a bank dealing in its own stock and providing limitations and exceptions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Louisos:
H. B. 4267 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-23g, relating to the creation of a New River and Gauley River Citizens' Board to help resolve access issues to those rivers"; to the Committee on Government Organization then Finance.
By Delegate Louisos:
H. B. 4268 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §64-3-4, relating to amending the Public Service Commission, tariff rules, legislative rules; and relating to accelerated rate procedures for gas, water and electric utilities"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 4269 - "A Bill to repeal §11-16-21 of the Code of West Virginia, 1931, as amended, relating to requirements as to franchise agreements between brewers and distributors"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 4270 - "A Bill to amend and reenact §46-4-108 of the Code of West Virginia, 1931, as amended, relating to requiring banks to immediately post deposits"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates G. White, Yost, Browning, Stalnaker and Beane:

H. B. 4271 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-11-13a, relating to penalties for employment or use of unauthorized workers by contractors or subcontractors; empowering the commissioner and board to issue injunctions for violations; providing for suspension and permanent revocation of licenses and fines"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Beane, Amores, Michael, Mahan and Beach:

H. B. 4272 - "A Bill to amend and reenact §20-2-42v of the Code of West Virginia, 1931, as amended, relating to clarifying the language regarding requirements for a Class BG stamp"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Howard:
H. B. 4273 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to providing that neither the state nor any county may reimburse any person or entity for transporting any person to schedule, arrange or procure an abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Louisos:
H. B. 4274 - "A Bill to amend and reenact §6-2-1 and §6-2-19 of the Code of West Virginia, 1931, as amended, all relating to permitting the use of cash or a certificate of deposit in lieu of the posting of any bond requirement under state law"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Browning, Boggs, Beane, Fragale and Manchin:

H. B. 4275 - "A Bill to amend and reenact §12-3-10a, §12-3-10d and 12-3-10e of the Code of West Virginia, 1931, as amended, all relating to providing purchasing card procedural uniformity throughout the agencies"; to the Committee on Government Organization then Finance.
By Delegates Beane, Ennis, Barker, Butcher, Hatfield, Porter, Schoen and Walters:
H. B. 4276 - "A Bill to repeal §30-22-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-22-1, §30-22-2, §30-22-3, §30-22-4, §30-22-5, §30-22-6, §30-22-7, §30- 22-8, §30-22-9, §30-22-10, §30-22-11, §30-22-12, §30-22-13, §30-22-14, §30-22-15, §30-22-16, §30-22-17 and §30-22-18; and to amend said code by adding thereto eleven new sections, designated §30-22-19, §30-22-20, §30-22-21, §30-22-22, §30-22-23, §30-22-24, §30-22-25, §30-22-26, §30-22- 27, §30-22-28 and §30-22-29, all relating to updating the regulation of the practice of landscape architecture; definitions; board composition; powers and duties of the board; clarifying rulemaking authority; license, temporary permit and certificate of authorization requirements; exemptions; hearing and notice requirements; providing a civil cause of action; criminal penalties; and continuation of the board"; to the Committee on Government Organization.
By Delegate Louisos:
H. B. 4277 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18, §3-12-19, §3-12-20, §3-12-21, §3-12-22, §3-12-23 and §3-12-24, all relating to elections generally; establishing the West Virginia Clean Elections Act; providing that the provisions of the act are applicable to candidates for the office of Governor, Attorney General, Auditor, Commissioner of Agriculture, Secretary of State, Treasurer and candidates for seats in the Legislature; setting forth certain legislative findings and declarations; defining certain terms; setting forth eligibility criteria for qualifying party independent candidates; requiring qualifying candidates to comply with all provisions of the act; prohibiting participating candidates from accepting private contributions other than specifically set forth in the act; requiring candidates to keep records and report to the state election commission; prohibiting the use of personal funds for certain purposes; providing for seed money contributions; requiring the state election commission to certify eligible candidates; providing that qualified candidates shall receive funding for election campaigns from the clean elections fund; specifying amounts of such funds for each office; requiring certain disclosures; setting forth certain duties of the state election commission; establishing a clean elections fund; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act and setting forth an effective date"; to the Committee on the Judiciary then Finance.
By Delegate Browning:
H. B. 4278 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16-5 of said code; and to amend and reenact §5-16-25 of said code, all relating to clarifying that county board of education employees who work full time for more than thirty consecutive days qualify for PEIA coverage; eliminating the 80-20 requirements which requires payment of 20 percent of the aggregate premium by active employees; and increasing the amount that PEIA can have in their reserve fund from 15% to 20%"; to the Committee on Education then Finance.
By Delegates Beane, Ennis, Butcher, Hatfield, Manchin, Martin, Perdue, Swartzmiller, Frich, Schoen and Walters:

H. B. 4279 - "A Bill to amend and reenact §30-37-7, §30-37-8, §30-37-9, §30-37-10 and §30-37-11 of the Code of West Virginia, 1931, as amended, all relating to the Massage Therapy Licensure Board; discontinuing waiver of requirements for licensure; providing that board may require licensees formerly licensed by waiver to meet certain requirements to reinstate lapsed licenses; providing grounds for denial of renewal of licenses; prohibiting practicing under lapsed license; providing for disciplinary sanctions for certain prohibited acts; clarifying that students of massage therapy may not charge or receive fees; and increasing civil penalties"; to the Committee on Government Organization.
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. 2328, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings,
And,
H. B. 2424, Prohibiting persons from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle.
On the passage of the bills, the yeas and nays were taken (Roll No. 39), 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: Anderson, Azinger, Carmichael, Doyle, Ferrell and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub . for H. B. 2328 and H. B. 2424) 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.
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. 4006, Adding the counties of Mercer and Raleigh as participating members of the Hatfield-McCoy Regional Recreational Authority,
Com. Sub. for H. B. 4032, Relating to authorizing the Consolidated Public Retirement Board to recover the payment and a surcharge from a participating employer who fails to timely pay contributions due,
Com. Sub. for H. B. 4034, Removing the requirement that a no longer disabled employee must return to his or her former job,
Com. Sub. for H. B. 4047, Relating to part-time prosecuting attorneys,
Com. Sub. for H. B. 4052, Providing that alleged victims of domestic violence or abuse have the right to have a person of their choosing present when they are interviewed by law-enforcement officers or the prosecuting attorney,
H. B. 4068, Limiting the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration,
And,
H. B. 4239, Continuing the Division of Unemployment Compensation.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Anderson, Azinger, Carmichael, Doyle, Ferrell and Spencer.
Miscellaneous Business
Delegate Doyle announced that he was absent earlier in today's session when the votes were taken on the passage of Com. Sub. for H. B. 2328 and H. B. 2424, and had he been present, he would have voted "Yea" thereon.
Unanimous consent having been obtained, Delegate DeLong addressed the House regarding credit scoring by banking and financial institutions and credit scoring by insurance companies and at the conclusion of his remarks, Delegate Argento asked and obtained unanimous consent that they be included in the Appendix to the Journal.
At 1:35 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 31, 2006.