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Tuesday, February 21, 2006



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, February 21, 2006, 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. 57, Requesting the Joint Committee on Government and Finance in conjunction with the Department of Environmental Protection to study the feasibility of a state dam safety rehabilitation fund,
And,
H. C. R. 58, Requesting the Division of Highways to name the Vista as seen off of Route 60 in Gauley Bridge, the "William 'Billy' Giacomo Memorial Vista",
And reports the same back with the recommendation that they each be adopted.
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported, by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegates Campbell, Williams, Perry, Beach, Poling, Paxton, Crosier, Marshall, Duke, Leggett and Sumner:

H. B. 4689 - "A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to increasing beginning teacher salaries to no less than the amount prescribed on the state minimum salary schedule for teachers with three years of experience; effect on experience increments; teachers employed after effective date."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 4689) to the Committee on Finance was dispensed with.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4689) 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. 4625, Extending certain authority to professional personnel designee of school principal,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4625 - "A Bill to amend and reenact §18A-5-1 and §18A-5-1a of the Code of West Virginia, 1931, as amended, relating to authority over pupils; extending certain authority to administrative head of school or professional personnel designee of school principal or administrative head,"
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 (Com. Sub. for H. B. 4625) 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. 4546, Continuing additional compensation for holders of national board for professional teaching standards certification who are subsequently employed in principal and assistant principal positions,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4546) was referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4329, Providing for alternative methods of verification of tax payment,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4329) was referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 216, Continuing Women's Commission,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 216) will be placed on the Consent Calendar. Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4612, Relating generally to the West Virginia Women's Commission,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4612 - "A Bill to amend and reenact §29-20-1, §29-20-3, §29-20-4 and §29-20-6 of the Code of West Virginia, 1931, as amended, relating generally to the West Virginia Women's Commission,"
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 (Com. Sub. for H. B. 4612) will be placed on the Consent Calendar.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 223 - "A Bill to amend and reenact §33-2-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-20-12 of said code; to amend and reenact §33-24-4 of said code; to amend and reenact §33-25-10 of said code; and to amend and reenact §33-25D-18 of said code, all relating to examinations of insurance and health care entities; increasing the time in which insurers, rating organizations and certain health care entities may respond to examination reports from the Insurance Commissioner; clarifying that the Insurance Fraud Prevention Act applies to certain health care entities; and increasing the minimum period in which examinations of certain health care entities must be conducted by the Insurance Commissioner"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 236 - "A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended, relating to the expansion of the definition of 'imminent danger to the physical well-being of the child' with regard to child abuse and neglect to include alcohol and substance abuse on the part of the parent or parents"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 454 - "A Bill to amend and reenact §33-25A-3 of the Code of West Virginia, 1931, as amended, relating to removing the Commissioner of Insurance as the attorney in fact for health maintenance organizations for service of process purposes."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 454) to a committee was dispensed with.
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. 467 - "A Bill to amend and reenact §33-14-2 of the Code of West Virginia, 1931, as amended, relating to modifying the employee group requirements for group life insurance"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 548 - "A Bill to amend and reenact §5-11A-3 and §5-11A-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §21-11-3 of said code; and to amend said code by adding thereto a new section, designated §21-11-10a, all relating to defining 'universal design'; providing immunity from civil damages to a worker, contractor, engineer or architect who, in good faith, provides services for materials, without remuneration, to build or install basic universal design features in accordance with applicable codes and state and federal laws; and providing for a standard form informational list of basic universal design features to be provided to a future buyer of any proposed residential housing in the state by the licensed contractor"; which was referred to the Committee on the Judiciary.
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. 27 - "Requesting the Division of Highways name the bridge on County Route 47, at the intersection of New Hope Road in Pinch, Kanawha County, the 'Cross Brothers' Bridge'."
Whereas, World War II brought a nation together as defenders of peace and freedom to areas of the world that were being overpowered and ruled by tyrannous dictators; and
Whereas, Americans, outraged by the brutality and degradation taking place in other parts of the world, feared that America would be targeted next. Americans joined the United States military, anxious to help eliminate such abuse of power; and
Whereas, In Kanawha County, five brothers from the same family became active in military service. Raymond T. Cross and Kenneth H. Cross joined the United States Army in 1942, Arvil L. Cross joined the United States Army in 1943, Melvin M. Cross joined the United States Navy in 1943 and Dorsel E. Cross joined the United States Marine Corps in 1946; and
Whereas, Proudly, all five of the Cross brothers, who served their nation with pride and distinction, returned safely to the United States following World War II; and
Whereas, It is fitting that a lasting tribute be made not only to honor five brothers who served their nation with pride and distinction during World War II, but to also recollect a time when the nation was unified to help defeat tyranny and oppression; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on County Route 47, at the intersection of New Hope Road in Pinch, Kanawha County, the "Cross Brothers' Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Cross Brothers' 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. 31 - "Requesting the Division of Highways rename the Watson Bridge crossing the West Fork River on U. S. Route 250 in Fairmont, Marion County, the 'Jim Costello Memorial Bridge'."
Whereas, Jim Costello was born in Monongah, Marion County, June 26, 1923. One of seven children, he was the son of John Costello, a coal miner, and Amanda Dee Swisher Costello, a midwife; and
Whereas, Jim Costello served in the United States Navy during World War II in the South Pacific Theater. He also worked as a coal miner and completed 35 years of service at the Owens-Illinois glass plant, serving as president of Local Union No. 109; and
Whereas, Jim Costello served as a supervisor for the West Virginia Division of Highways. During that time, he was instrumental in overseeing many projects for Marion County, including the removal of the dangerous curve at Dakota and the replacement of the current Watson Bridge; and
Whereas, A strong Democrat, Jim Costello was coordinator of several gubernatorial campaigns for Marion County and was honored in 1997 as the county's Democrat of the Year; and
Whereas, Jim Costello passed away June 7, 2002, leaving behind his wife Evelyn Muto Costello, daughter and son-in-law Diane and Marc Cervo, son and daughter-in-law Pat and Jenni Costello, sister Margaret Biafore and four grandchildren; and
Whereas, It is fitting that the Watson Bridge be named for this true West Virginian who dedicated his life to improving Marion County and this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to rename the Watson Bridge crossing the West Fork River on U. S. Route 250 in Fairmont, Marion County, the "Jim Costello Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Jim Costello 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 family of Jim Costello.
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. 33 - "Requesting the Division of Highways name the bridge crossing Buffalo Creek on State Route 2 in Wellsburg, Brooke County, the 'John G. Chernenko Bridge'."
Whereas, John G. Chernenko served this state with honor and distinction as a State Senator, being elected to that position in 1982, 1986 and 1990; and
Whereas, Before serving as State Senator, John G. Chernenko selflessly served this country with great courage and dedication, going well above and beyond the call of duty, as a soldier in the United States Army during World War II. He endured great hardship and sacrifice as a prisoner of war and was awarded the Purple Heart with cluster and Bronze Star (five campaigns) as a result of heroism he exhibited on the field of battle; and
Whereas, In 1961, he continued his service to his country when he was appointed by President John F. Kennedy as United States Marshal for the Northern District of West Virginia, a position to which he was reappointed by President Lyndon B. Johnson in 1965 and in which he served until 1969; and
Whereas, Senator Chernenko served as Majority Whip, Chairman of the Labor Committee and member of the Energy, Industry and Mining, Finance, Government Organization, Health and Human Resources and Military committees, as well as the Select Committee on Redistricting; and
Whereas, As a small token of the Legislature's immense and genuine appreciation for John G. Chernenko's service, dedication and courage as a soldier, legislator and leader, it is fitting that the bridge crossing Buffalo Creek in Wellsburg, Brooke County, be named the "John G. Chernenko Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge crossing Buffalo Creek on State Route 2 in Wellsburg, Brooke County, the "John G. Chernenko Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "John G. Chernenko 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, the Department of the United States Army and Marc B. Chernenko.
Resolutions Introduced

Mr. Speaker, Mr. Kiss, and Delegates Cann, Beach and Amores offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 61 - "Requesting the Joint Committee on Government and Finance study the state of emergency medicine in West Virginia to address: (1) Access to care in emergency departments throughout West Virginia; (2) boarding of admitted patients in the emergency department; and (3) the medico-liability environment."
Whereas, There is a crucial need for emergency departments (EDs) to have access to certain specialists to participate in the call lists for their hospitals, which is currently not being met, and jeopardizing the quality of emergency care; and
Whereas, The "boarding" of patients, which is defined as being admitted to the emergency departments for hours or days due to an insufficient number of hospital beds, in emergency departments across the state continues to worsen, impeding the ability to care for critically ill and injured patients; and
Whereas, The medical liability crisis in West Virginia continues to result in high costs of professional liability insurance for physicians, impeding access of patients to care by emergency physicians and other specialists such as surgeons, obstetricians, and neurosurgeons and results in attrition and an inability to recruit new physicians to West Virginia; which is compounded by federal law that requires emergency departments to care for everyone but does not provide for payment of these mandated services; and
Whereas, Some of the key factors supporting the need for this interim study include issues identified in the first ever Report Card prepared by the American College of Emergency Physicians regarding The State of Emergency Medicine, citations for which are contained in the Appendix to this Resolution; where West Virginia received an overall grade of "C+", with categorical grades of: (1) A "C+" in Access to Emergency Care; (2) an "A" in Quality and Patient Safety; (3) a "D" in Public Health and Injury Prevention; and (4) a "D" in Medical Liability Environment; and
Whereas, Emergency physicians throughout West Virginia can provide astounding personal accounts regarding the challenges they face in everyday practice regarding access to care, boarding, the medico-liability environment; and
Whereas, It is in the best interest of all West Virginia citizens to ensure that the safety net of their health care system remains intact which is currently in question; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the state of emergency medicine in West Virginia to address: (1) Access to care in emergency departments throughout West Virginia; (2) boarding of admitted patients in the emergency department; and (3) the medico-liability environment; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Tabb, Wysong, Doyle, Amores, Campbell, Duke, Michael, Poling, Stalnaker, Webster and Williams:

H. J. R. 115 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to changing the basis for determining the homestead exemption; 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.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Mahan, Hatfield, Amores and Marshall:
H. B. 4658 - "A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §44- 16-1, §44-16-2, §44-16-3 and §44-16-4; and to amend and reenact §61-12-9 of said code, all relating to the creation of the Funeral Planning Agent Designation Act; providing that a funeral planning agent may authorize cremation; providing that a designated funeral planning agent may authorize funeral arrangements; designating the title of the act; definitions; designation of funeral planning agent; form of designation; and authority to enter into cremation contract"; to the Committee on the Judiciary.
By Delegates Miley and Fragale:
H. B. 4659 - "A Bill to amend and reenact §7-7-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §23-2-1b of said code, all relating to the payment of workers' compensation premiums by the county commission and relating to individual compensation of elected county officials, assistants, deputies and employees, providing for the return of surplus salary funds contained in elected officials' unspent salary line items as a result of being off while on workers' compensation to the county commission for payment of workers' compensation premiums"; to the Committee on the Judiciary then Finance.
By Delegates Miley and Fragale:
H. B. 4660 - "A Bill to amend and reenact section 1, chapter 144, Acts of the Legislature, regular session, 1973, relating to authorizing and empowering the county court (now county commission) of Harrison County to use any unexpended sums and surpluses for the purpose of creating a special fund to be used for acquiring a new firefighters' school building and fire equipment in Harrison County"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Mahan and Amores:
H. B. 4661 - "A Bill to amend and reenact §30-7C-7 of the Code of West Virginia, 1931, as amended, relating to continuing Board of Registered Professional Nurses rule relating to dialysis technicians"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4662 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-4-8a, relating to establishing a special volunteer dental license for retired dentists wishing to donate their expertise for the dental care and treatment of indigent and needy patients in the clinic setting"; to the Committee on Government Organization.
By Delegates Manchin, Caputo, Martin and Longstreth:
H. B. 4663 - "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, §21-1D-3 and §21-1D-4, all relating to the ?Keep Jobs in West Virginia Act?"; to the Committee on the Judiciary then Finance.
By Delegate Boggs:
H. B. 4664 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2I-11, relating to reporting requirements for physicians and the Department of Health and Human Resources when it is suspected that a woman has suffered injury or death due to an induced abortion; contents of the reports; duties of the department; and penalties"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Miley:
H. B. 4665 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to banning abortions in instances when the unborn child is capable of survival if delivered; and providing a criminal penalty for violation" ; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Caputo, Argento, Martin and DeLong:
H. B. 4666 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5-19, relating to requiring employers to pay nurses at their regular rate of pay for all the time they are on-call on the employer's premises"; to the Committee on Health and Human Resources then Finance.
By Delegates Frich, Marshall, Houston, Tansill, Tucker, Manchin and Canterbury:
H. B. 4667 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated 5B-2-15, 5B-2-16, 5B-2-17 and 5B-2-18, all relating to creating the position of State Trails Coordinator within The Development Office; providing certain legislative findings regarding trails; listing the powers of the State Trail Coordinator; creating a State Trails Advisory Committee; specifying the responsibilities of the Trails Advisory Committee; and providing for reports "; to the Committee on Government Organization then Finance.
By Delegates Yost, Tucker and Hrutkay:
H. B. 4668 - "A Bill to amend and reenact §19-23-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-23-7b, all relating to the powers and authority of the racing commission generally; providing for inspections of kennels and stables located on private property; requiring certain occupational licensing and providing for additional inspectors "; to the Committee on Government Organization then Finance.
By Delegates Cann, Kominar, Craig, Palumbo, Mahan, Pino, Varner, Stemple, Perry and Beach:

H. B. 4669 - "A Bill to amend and reenact §61-8B-3 and §61-8B-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §61- 8B-3a and §61-8B-7a; and to amend and reenact §62-12-2 of said code, all relating to sexual assault and sexual abuse of minors; providing new criminal offenses of aggravated sexual assault and aggravated sexual abuse; clarifying the age of perpetrators of certain sexual offenses; and eliminating probation for persons found guilty of aggravated sexual assault and aggravated sexual abuse " ; to the Committee on the Judiciary.
By Delegate Miley:
H. B. 4670 - "A Bill to amend and reenact §11-16-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §11-16-5a, §11- 16-5b and §11-16-5c, all relating to the manufacture, sale, possession, distribution, furnishing or giving away of nonintoxicating beer contrary to law in unlicensed establishments " ; to the Committee on the Judiciary.
By Delegate Miley:
H. B. 4671 - "A Bill to amend and reenact §16-2I-2 of the Code of West Virginia, 1931, as amended, relating to language a doctor must give a woman before performing an abortion regarding life of the fetus " ; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Hall:
H. B. 4672 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to requiring Rh factor, chlamydia and gonorrhea tests for all persons seeking to have an abortion; providing a penalty for noncompliance"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Miley, Fragale, Iaquinta and Cann:
H. B. 4673 - "A Bill to amend and reenact §8-27-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-3-4 of said code, all relating to contributions to urban mass transportation authorities; creating a special revenue fund to be used for urban and rural mass transportation; increasing the daily tax to be collected on rental cars; and, providing that sixty-six percent of the tax collected on rental cars is deposited in the special revenue fund created to fund urban and rural mass transportation"; to the Committee on Roads and Transportation then Finance.
By Delegates Tucker and Yost:
H. B. 4674 - "A Bill to amend and reenact §18A-2-2 and §18A-2-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18A-2-14; to amend and reenact §18A-4-8 and §18A-4-15 of said code; and to amend said code by adding thereto a new section, designated §18A-4-8j, all relating generally to school service personnel; making school service personnel eligible for early notification of retirement payments; making guidelines for scheduling cooks mandatory; requiring county boards of education to employ a custodian IV at each school and office building under its control; providing supplemental salary increases for certain substitute service personnel; and providing general and longevity salary increases for school service personnel "; to the Committee on Pensions and Retirement then Finance.
By Delegates Louisos, Barker, Caputo, Longstreth, Paxton, Poling and Hrutkay:
H. B. 4675 - "A Bill to amend and reenact §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to the creation of a new service personnel category, designated ?bus operator II?, for bus operators with ten years of experience"; to the Committee on Education then Finance.
By Delegates Perdue and DeLong:
H. B. 4676 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-12c; and to amend said code by adding thereto a new section, designated §60A-4-412, all relating to protecting the confidentiality of prescription drug information"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4677 - "A Bill to amend and reenact §5-5-1 of the Code of West Virginia, 1931, as amended, relating to incremental salary increases for full-time faculty member employees of state institutions of higher education"; to the Committee on Education then Finance.
By Delegates Beach, Poling, Stemple, Proudfoot, Argento, Stalnaker, Swartzmiller, Cann, Pethtel, Hartman and Williams:

H. B. 4678 - "A Bill to amend and reenact §22-15-22 of the Code of West Virginia, 1931, as amended, relating to the regulation of land-based finfish aquaculture facilities; and exempting them from certain sludge management requirements "; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates H. White and Kominar:
H. B. 4679 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-13B-l, §33-13B-2, §33-13B-3, §33-13B-4, §33-13B-5 and §33- 13B-6, all relating to qualified charitable gift annuities"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Campbell and Williams:
H. B. 4680 - "A Bill to amend and reenact §18A-4-8d of the Code of West Virginia, 1931, as amended, relating to authorizing and encouraging county boards of education to share services of central office administrative personnel and to obtain these services from regional education service agencies"; to the Committee on Education.
By Delegates Anderson, Border, Beane, Boggs, Butcher, Azinger, G. White, Staton, Ellem and Amores:

H. B. 4681 - "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to allowing parking fees to be charged for accessible (handicapped) parking spaces under certain circumstances; permitting time limits for accessible parking spaces within business districts; imposing new penalties for non-compliance; and requiring the Commissioner of the Division of Motor Vehicles to provide certain informational documents to accessible parking recipients and the general public"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Amores, Perdue, Stemple, Hartman and Craig:
H. B. 4682 - "A Bill to amend and reenact §16-2D-5, §16-2D-6 and §16-2D-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29A-1-3 of said code, all relating to certificate of need standards; establishing standards for and guidance to the Health Care Authority in making amendments and modification to certificate of need standards; setting forth factors that the Health Care Authority shall and may consider in amending or modifying certificate of need standards and rules; identifying sources the Health Care Authority may consider in amending or modifying certificate of need standards; setting forth factors that the Health Care Authority shall and may consider in amending or modifying need methodology contained in certificate of need standards; setting forth factors that the Health Care Authority shall and may consider in amending or modifying cost standards contained in certificate of need standards; setting forth factors that the Health Care Authority shall and may consider in amending or modifying quality standards contained in certificate of need standards; setting forth factors that the Health Care Authority shall and may consider in amending or modifying continuum or care standards contained in certificate of need standards; setting forth factors that the Health Care Authority shall and may consider in amending or modifying accessibility standards contained in certificate of need standards; setting forth factors that the Health Care Authority shall and may consider in amending or modifying availability and alternative standards contained in certificate of need standards; providing guidance and direction to the Health Care Authority in amending or modifying definitions contained in certificate of need standards; providing that applications for a certificate of need may be made subject to criteria contained in certificate of needs standards; providing that decisions may be made by the Health Care Authority on applications for certificate of need standards based upon a review conducted in accordance with certificate of need standards; and exempting the certificate of need standards of the Health Care Authority from the rulemaking requirements of chapter twenty-nine-a of the code " ; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Amores, Staton, Beane, Palumbo, Trump, Schadler and Walters:
H. B. 4683 - "A Bill to amend and reenact §49-5-6 of the Code of West Virginia, 1931,as amended, relating to jury trials in jury proceedings; establishing the right to trial by jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult; providing for a twelve-person jury when the alleged acts of juvenile delinquency which would be a felony punishable by incarceration if committed by an adult; providing for a six-person jury when the alleged acts of juvenile delinquency which would be a misdemeanor punishable by incarceration if committed by an adult; and eliminating the right to demand trial by jury for status offenses allegedly committed by a juvenile"; to the Committee on the Judiciary.
By Delegates Williams (By Request) and Paxton:
H. B. 4684 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to participation in interscholastic athletics and other extracurricular activities by students receiving home instruction; prohibiting categorical exclusion by secondary schools activities commission; providing definitions and conditions for participation; and permitting home education association membership on commission"; to the Committee on Education.
By Delegates Leach, Morgan, Perdue and Long:
H. B. 4685 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5U-1, §16-5U-2 and §16-5U-3, all relating to the 'Arthritis Prevention Education Act'; establishing an arthritis prevention and treatment education program; requiring the Bureau for Public Health to establish strategies to promote and maintain an arthritis prevention education program; and establishing an interagency council on arthritis"; to the Committee on Health and Human Resources then Finance.
By Delegate Canterbury:
H. B. 4686 - "A Bill to amend and reenact §18-5-18b of the Code of West Virginia, 1931, as amended, relating to school counselors' reimbursement for certain educational activities"; to the Committee on Education then Finance.
By Delegate Canterbury:
H. B. 4687 - "A Bill to amend and reenact §49-5-13 of the Code of West Virginia, 1931, as amended, relating to juvenile sentencing and grading periods"; to the Committee on the Judiciary then Finance.
By Delegate Amores:
H. B. 4688 - "A Bill to amend and reenact §18A-1-1 and §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to 'volunteer athletic assistants' authorized, without pay, to supervise the student members of an athletic team or athletic organization created and operated by the public schools"; to the Committee on Education.
By Delegates Perry and Pino:
H. B. 4690 - "A Bill to repeal §18B-2-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1-2 of said code; to amend and reenact §18B-1A-2 of said code; to amend and reenact §18B-1B-6 of said code; to amend and reenact §18B-1C-1 and §18B-1C-2 of said code; to amend and reenact §18B-2A-1 of said code; to amend and reenact §18B-3-1 and §18B-3-3 of said code; to amend and reenact §18B-3C-4 of said code; to amend and reenact §18B-6-1 and §18B-6-1a of said code; to amend and reenact §18B-8-1 of said code; and to amend and reenact §18B-10-1 of said code, all relating to changing West Virginia University Institute of Technology to the West Virginia Institute of Technology; making it an independent institution; and continuing administrative link between the Community and Technical College at West Virginia Institute of Technology and the West Virginia Institute of Technology"; 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. 4116, Increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from $500 to $5,000,
H. B. 4283, Providing a preference to West Virginia veterans in the awarding of state contracts in the competitive bidding process,
And,
H. B. 4470, Updating the definition of "medicare supplement policy".
On the passage of the bills, the yeas and nays were taken (Roll No. 139), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Butcher, Craig, Eldridge, Ennis, Ferrell, Moore, Perdue and Thompson, Ron.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 4116, H. B. 4283 and H. B. 4470) passed.
An amendment to the title of H. B. 4116, recommended by the Committee on Agriculture and Natural Resources , was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4116 - "A Bill to amend and reenact º20-1-7 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from five hundred dollars to five thousand dollars."
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

Com. Sub. for H. B. 4253, Removing the requirement for dual membership of certain higher education governing board chairs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4383, Continuing the pilot program offered through a Community Access Program to coordinate health care provider reimbursements indefinitely as determined by the insurance commissioner; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page three, section one, line twelve, after the word "in", by striking out the words "subsection (e) of".
There being no further amendments, the bill was then ordered to engrossment and third 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:
H. B. 4386, Ratifying the National Crime Prevention and Privacy Compact,
Com. Sub. for H. B. 4488, Creating a commission to complete a comprehensive study of the state's behavioral health system,
Com. Sub. for H. B. 4489, Testing of electronic voting machines used for early voting in order to allow their use on election day,
Com. Sub. for H. B. 4491, Establishing the third week of October as Disability History Week for the State of West Virginia,
And,
H. B. 4603, Authorizing rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education regarding authorization of degree granting institutions.
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. 4331, Removing the "within two years" time restriction in which an application by a former police officer or firefighter, thirty-five years old or older, who previously resigned, may submit an application for reinstatement,
H. B. 4354, Minimizing the likelihood that a reader might be induced to believe that he or she had more time than actually existed to perfect a lien upon the subject property,
Com. Sub. for H. B. 4431, Allowing the clerk of the county commission to set reasonable fees charged for electronic or other medium versions of documents recorded in the office of clerk of the county commission,
H. B. 4437, Authorizing West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights,
And,
H. B. 4578, Extending the expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits.
Special Calendar


Unfinished Business

H. C. R. 46, Requesting the Division of Highways to name the bridge spanning the Guyandotte River located on County Route 12/4 the "Robert T. (Bob) Carper Vietnam Veteran Bridge"; coming up in regular order, as unfinished business, was read 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.
Second Reading

Com. Sub. for H. B. 4256, Providing a procedure for removal of county, district or municipal officers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Butcher, Craig, Eldridge, Ennis, Ferrell, Moore, Perdue and Thompson, Ron.
Miscellaneous Business

Delegate Stevens announced that she was absent when the votes were taken on Roll Nos. 111 and 120, and that had she been present, she would have voted "Yea" thereon.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:
Com. Sub. for H. B. 4331, on second reading, Consent Calendar, to the Special Calendar, by Delegates Morgan and Craig.
At 12:09 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 23, 2006.