hdj2006-2-24-45

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Friday, February 24, 2006

The House of Delegates met at 10:00 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 Thursday, February 23, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At 10:35 a.m., on motion of Delegate Staton, the House of Delegates recessed until 10:40 p.m., and reconvened at that time.
Committee Reports
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has given further consideration to:
Com. Sub. for H. B. 4021, Relating to a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee,
And the pending amendments of the Senate thereto,
And reports the same back with the recommendation that the House do concur in the Senate amendments with further amendment, and with the further recommendation that reference of the question to the Committee on Finance be dispensed with.
At the request of Delegate Staton, and by unanimous consent, reference of the bill to the Committee on Finance was abrogated.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2974, Eliminating a gap in employment for certain Alcoholic Beverage Control Commission employees subject to a reduction in force and who are reemployed,
And reports the same back with the recommendation that it do pass.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3201, Relating to the compensation of secretary-clerks to family court judges,
And reports back, by unanimous vote of the committee, a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3201 - "A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to the compensation of secretary-clerks and case coordinators to family court judges,"
H. B. 4398, Improving the capacity of county boards of education to provide school health services,
And reports back, by unanimous vote of the committee, a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4398 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9A-10a, all relating to improving the capacity of county boards of education to provide school health services; authorizing contracting with health care agencies generally; providing for distribution to counties of appropriations to support service needs that exceed the established capacity; and changing the authorization for rule promulgation on the training and standards for specialized health procedures performed by school personnel from the Public Health Commissioner to the West Virginia Board of Education and increasing the number of nurses to meet the one to fifteen hundred ratio established in code,"
H. B. 4077, Establishing a state minimum salary supplement for professional personnel holding a nationally recognized professional certification in speech-language pathology, audiology or counseling,
And reports back, by unanimous vote of the committee, a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4077 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2b, relating to establishing a state minimum salary supplement for professional personnel holding professional certification in speech-language pathology, audiology or counseling; limitations; applicability; state board rule ,"
And,
H. B. 4053, Providing that active military personnel stationed in this state need not obtain a hunting, fishing or trapping permit,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4053 - "A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to providing that active military personnel stationed in this state need not obtain a hunting, fishing or trapping permit; and providing that students less than eighteen who are receiving instruction in fly fishing only to catch and release need not obtain a fishing license."
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. 3201, Com. Sub. for H. B. 4398 , Com. Sub. for H. B. 4077 and Com. Sub. for H. B. 4053) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4100, Providing a salary increase for elected county officials ,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4100 - "A Bill to amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, all relating to salaries for elected county officials; providing for a salary increase for elected county officials; finding that additional duties have been imposed on county officials which justify the increased compensation to prosecuting attorneys generally; and providing that a prosecuting attorney for a class VI county which subsequently becomes a class V county may remain part-time and compensated at the class VI county level,"
And,
H. B. 2235, Increasing salaries for magistrate clerks, magistrate assistants and magistrate deputy clerks,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2235 - "A Bill to amend and reenact §50-1-8, §50-1-9 and §50-1-9a of the code of West Virginia, 1931, as amended, all relating to increasing salaries for magistrate court clerks, magistrate assistants and magistrate court deputy clerks,
With the recommendation that the committee substitutes each do pass.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2146, Relating to payment to magistrates who serve temporarily outside their elected counties.
And reports back, by unanimous vote of the committee, a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2146 - "A Bill to amend and reenact §50-1-13 of the Code of West Virginia, 1931, as amended, relating to payment to magistrates who serve temporarily in another county,"
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. 2146) 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. 4194, Fire Commission, certification of home inspectors,
And,
H. B. 4195, Fire Commission, certification standards, etc, municipal, county, other public sector building code officials, etc.,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4194 and H. B. 4195) was referred to the Committee on the Judiciary.
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. 4030, Relating to limiting the administration of a Voluntary Contribution Fund or similar benefit plan by members and employees of the West Virginia State Police,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4030 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-9, relating to limiting the administration of a Voluntary Contribution Fund or similar benefit plan by members and employees of the West Virginia State Police,"
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.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4030) to the Committee on Finance was abrogated.
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. 4595, Authorizing the Board of Treasury Investments to retain, rather than require it to retain, one employee with a chartered financial analyst designation,
And reports the same back with the recommendation that it do pass, and with the recommendation that the second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 4595) to the Committee on Finance was abrogated.
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. 4279, Relating to Massage Therapy Licensure Board,And,
H. B. 4510, Removing language requiring the commission to maintain a registry and census of persons who are deaf or hard of hearing,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4279 and H. B. 4510) 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. 4582, Relating to leasing of property held by the Division of Highways,
And reports the same back with the recommendation that it do pass.
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. 4562, Prescribing certain requirements for a license to practice embalming and funeral directing,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4562 - "A Bill to amend and reenact §30-6-3, §30-6-12 and §30-6-31, of the Code of West Virginia, 1931, as amended; and to further amend said article by adding thereto a new section, designated §30-6-17a, relating to requirements of the Board of Funeral Service Examiners; providing definitions; providing for licensure based on work experience; providing that student interns may practice under direct supervision; and providing licensure exemption for clinical operations of an approved school of mortuary science,"
With the recommendation that the committee substitute do pass.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Campbell, Williams and Leggett, Duke, Beach, Crosier, Eldridge, Fragale, Louisos, Marshall, Paxton, Perry, Poling, Stephens, Tabb, Wells, Wysong, Lane, Roberts, Stevens, Sumner and Tansill:

H. C. R. 70 - "Requesting the Joint Committee on Government and Finance to conduct a study on the need for and the appropriate methodology for providing salary improvements for counselors employed by the Division of Rehabilitation Services."
Whereas, Rehabilitation counselors perform a vital service in assisting the return of their clients to independent living and the workforce, a great benefit to both the citizens as individuals and the State as a whole; and
Whereas, The Division of Rehabilitation Services is an executive agency subject to civil service salary classifications and pay grades which provide salary levels for rehabilitation counselors that are substantially less than those of counselors in the public school system; and
Whereas, Teachers employed by the Division of Rehabilitation Services are paid in accordance with statute at the same rate as teachers in the public school system of the county in which the facility is located; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on the need for and the appropriate methodology for providing salary improvements for counselors employed by the Division of Rehabilitation Services; and, be it
Further Resolved, That the said Joint Committee on Government and Finance is requested to conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker then referred the resolution to the Committee on Rules.
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), which was read by its title, as follows:
By Delegates Campbell, Williams, Crosier, Eldridge, Louisos, Paxton, Poling, Tabb and
Wysong:

H. B. 4848 - "A Bill to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended, relating to requirements for physical education in the public schools; grouping requirements by programmatic rather than grade levels; and requiring state board rule on collection, use and reporting body mass index data".
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4848) will be placed on the Consent Calendar.
On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Beane, Ennis, Barker, Iaquinta, Martin, Yost, Walters, Frich and Porter:
H. B. 4849 - "A Bill to amend and reenact §4-10-4, §4-10-4a, §4-10-5, §4-10-51 and §4-10- 5b of the Code of West Virginia, 1931, as amended, all relating to the West Virginia sunset law; terminating agencies following full performance evaluations; terminaing agencies previously subject to full performance evaluations following compliance monitoring and further inquiry updates; terminating agencies following preliminary perforamce reviews; terminating aganceies previously subject to preliminary performance reviews following compliance monitoring and further inquiry updates; and terminating boards created to regulate professions and occupations".

On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Beane, Ennis and Frich:
H. B. 4850 - "A Bill to amend and reenact §30-1A-2 and §30-1A-3 of the Code of West Virginia, 1931, as amended, relating to expediting the sunrise application process."
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. R. 22, Designating February 24, 2006, as "Social Work Day",
And reports the same back with the recommendation that it be adopted.
At the respective requests of Delegate Staton, and by unanimous consent, the resolution (H. R. 22) was taken up for immediate consideration and adopted.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4321, Relating to definitions and modifications of exemptions from notification and licensure with respect to lead abatement,
And,
H. B. 4371, Allowing a registrant to transfer the registration of a Class C vehicle to another Class C type vehicle titled in the name of the registrant,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4321 and H. B. 4371) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4351, Providing State Treasury Fire Protection Fund revenue to the West Virginia State Fire Chiefs Association and the West Virginia State Fireman's Association,
And reports back, by unanimous vote of the Committee, a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4351- "A Bill to amend and reenact º33-3-33 of the Code of West Virginia, 1931, as amended, relating to providing for administration and training expenses from Fire Protection Fund revenue to the West Virginia State Fire Chiefs Association and the West Virginia State Fireman's Association; eligibility and requirements for receipt of funds; and exempting both associations from eligibility and spending requirements provided for volunteer and part-volunteer fire company or department,"
H. B. 4393, Adjusting foundation allowance for transportation for projected fuel costs,
And reports back, by unanimous vote of the Committee, a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4393 - "A Bill to amend and reenact §18-9A-7 of the Code of West Virginia, 1931, as amended, relating to adjusting foundation allowance for fuel costs portion of transportation costs; providing method for adjustments; simplifying language; clarifying conflicting provisions; and removing obsolete provisions,"
And,
H. B. 4630, Creating a Voluntary Compliance Program based on listed transactions considered abusive by the Internal Revenue Service,
And reports back, by unanimous vote of the Committee, a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4630 - "A Bill to amend and reenact §11-10-15 and §11-10-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §11-10E-1, §11-10E-2, §11-10E-3, §11-10E-4, §11-10E-5, §11-10E-6, §11-10E-7, §11-10E-8, §11-10E-9 and §11-10E-10, all relating to creating a voluntary disclosure program; requiring disclosure of certain tax shelters used to avoid paying state income taxes; extending the statute of limitations for issuing assessments related to failures to disclose a listed transaction; and imposing penalties for promoting abusive tax shelters relative to failing to report listed transactions, reportable transaction understatements, failing to participate in the voluntary disclosure program, and for failing to register a tax shelter or maintain required list",
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. 4351, Com. Sub. for H. B. 4393 and Com. Sub. for H. B. 4630) will be placed on the Consent Calendar.
On motion for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates Michael, Leach, Kominar, Stalnaker, Varner, H. White, Williams, Hall, Evans and G. White:

H. B. 4846 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22i; to amend and reenact §5E-1-8 of said code; to amend said code by adding thereto a new section, designated §11-24-43; and to amend said code by adding thereto a new section, designated §18-7A-26t, all relating to providing one-time supplements to certain annuitants; dedication of corporate net income tax proceeds to pay for supplement; and supplying fiscal support for such supplements by increasing available general revenue through the expiration of certain tax credits,"
And,
By Delegates Michael, Frederick, Proudfoot, H. White, Browning, Susan, Palumbo, Hall, Border, Ashley and G. White:

H. B. 4847 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §33-16F-1, §33-16F-2, §33-16F-3, §33-16F-4, §33-16F-5, §33-16F- 6, §33-16F-7 and §33-16F-8, all relating to group limited health benefits insurance plans; declaring legislative intent; requiring approval of plans by insurance commissioner; providing eligibility requirements for temporary, part time and seasonal employees under such plans; setting forth statutory or regulatory provisions that specifically do or do not apply to such plans; authorizing insurance commissioner to forbear from enforcing certain statutory and regulatory provisions; establishing criteria for filing and approval of premium rates; authorizing insurance commissioner to promulgate emergency rules; mandating disclaimer on policies; exempting plans from premium taxes; providing for severability; and providing rule of construction."
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4494, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state,
H. B. 4445, Permitting the Director of the Division of Forestry to recover costs incurred in fighting fires,
H. B. 4547, Increasing the funds available for transfer to the Prepaid Tuition Trust Escrow Fund in certain circumstances,
H. B. 4654, Relating to the West Virginia Retiree Health Benefit Trust Fund,
And,
H. B. 4580, Creating the "special district excise tax administration fund" in the State Treasury,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4494, H. B. 4445, H. B. 4547, H. B. 4654 and H. B. 4580) 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. 2090, Clarifying that a "victim" includes that person damaged by acts of juveniles and increasing liability of parents for criminal acts of their children,
And,
H. B. 4746, Requiring persons who have been convicted of a felony involving the use or threatened use of a firearm to report to sheriff when visiting a county courthouse,
And reports the same back with the recommendation that they each do pass.
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. 4293, Requiring purchasers of real estate subject to tax liens to pay for notices to redeem,
And,
H. B. 4370, Authorizing certain volunteer fire departments to establish a special fund to make awards to qualified volunteers,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4293 and H. B. 4370) 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. 4108, Allowing an osteopathic physician and surgeon to supervise up to three physician assistants generally,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4108 - "A Bill to amend and reenact §30-14A-1 of the Code of West Virginia, 1931, as amended, relating to osteopathic physician assistants; allowing an osteopathic physician and surgeon to supervise up to three physician assistants generally,"
And,
H. B. 4513, Permitting insurance fraud investigators to present criminal complaints directly to a magistrate and to extend the statute of limitations for certain insurance related misdemeanors to three years',
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4513 - "A Bill to amend and reenact §33-4-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-41-8b; and to amend and reenact §33-41-11 of said code, all relating to insurance fraud; clarifying that the insurance code contains specific criminal penalties for felony offenses; authorizing certain employees of the fraud unit of the Insurance Commission to present criminal complaints directly to a magistrate; and extending the statute of limitations for certain misdemeanors involving insurance fraud,"
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. 4108 and Com. Sub. for H. B. 4513) 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.'s 4151, 4152, 4153, 4170, 4171, 4172, 4173, 4180, 4181, 4182, 4183, 4184, 4188, 4189, 4190 and 4191, Authorizing the Department of Administration to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4172 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the Department of Administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing the Department of Administration to promulgate a legislative rule relating to selecting design-builders under the Design Build Procurement Act; authorizing the Department of Administration to promulgate a legislative rule relating to cannibalization of state property; authorizing the Department of Administration to promulgate a legislative rule relating to waste disposal of state property; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeals; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Defined Benefit Plan; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System; authorizing the Ethics Commission to promulgate a legislative rule relating to the Commission; authorizing the Ethics Commission to promulgate a legislative rule relating to complaints, investigations and hearings; authorizing the Ethics Commission to promulgate a legislative rule relating to lobbying; authorizing the Ethics Commission to promulgate a legislative rule relating to a code of conduct for administrative law judges; authorizing the Ethics Commission to promulgate a legislative rule relating to the filing of verified time records; authorizing the Ethics Commission to promulgate a legislative rule relating to compliance audits; and authorizing the Ethics Commission to promulgate a legislative rule relating to ethics training requirements for designated public officials,"
With the recommendation that the committee substitute do pass.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for H. B. 4469, Providing the Natural Resources Commission authority to promulgate rules to permit and regulate the hunting of white-tail deer in state parks,
And reports the same back, with amendment, by unanimous vote of the Committee, 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 (Com. Sub. for H. B. 4469) 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. 2016, Increasing the maximum number of magistrate court deputy clerks that may be appointed from sixty-two to seventy-two,
And,
H. B. 4692, Relating to cardiovascular injury or disease or pulmonary disease suffered by a professional firefighter,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2016 and H. B. 4692) were referred to the Committee on Finance.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4126, Relating to retention of seniority for the purpose of seeking reemployment for professional employees whose employment with a county board of education was terminated voluntarily,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4126 - "A Bill to amend and reenact §18A-4-7b of the Code of West Virginia, 1931, as amended, relating to retention of seniority for the purpose of seeking reemployment for professional employees whose employment with a county board of education was terminated voluntarily,"
With the recommendation that the committee substitute do pass.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4544, Allowing for more teachers to be reimbursed for approved course work,
And reports back, by unanimous vote of the committee, a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4544 - "A Bill to amend and reenact §18A-3-3a of the Code of West Virginia, 1931, as amended, relating to reimbursement of teachers for courses completed toward certification renewal and additional endorsement; removing division between these areas of funds appropriated for reimbursements; and limiting the number of courses for which certain reimbursement may be paid per certain period, year and lifetime,"
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. 4544) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance 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 back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4546 - "A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-3 of said code, all relating to national board for professional teaching standards; continuing additional compensation for holders of certification subsequently employed certain other professional positions; certain limitations on reimbursement of non-classroom teachers; increasing maximum for certain reimbursements; defining program completion for reimbursement purposes; continuing compensation if certificate renewed; and removing obsolete language,"
H. B. 4031, Relating to the Purchasing Division of the Department of Administration,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4031 - "A Bill to repeal §5A-3-33a of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-1-1 of said code; to amend and reenact §5A-3-4, §5A- 3-5, §5A-3-10, §5A-3-10a, §5A-3-11, §5A-3-19, §5A-3-33d and §5A-3-45 of said code; to amend said code by adding thereto six new sections, designated §5A-3-9a, §5A-3-10b, §5A-3-10c, §5A-3- 11a, §5A-3-11b and §5A-3-11c; and to amend and reenact §5A-3C-11 of said code, all relating to the Purchasing Division of the Department of Administration; providing for the powers and duties of the director; defining certain terms; providing for the director to promulgate legislative rules on contract management procedures, division procedures for oversight of contract management, cancellation of contracts and selling surplus commodities by means of an internet auction site; increasing the annual vendor fee; establishing a fund for fees; providing for specification standards to include cost of maintenance and expected life of commodities; increasing the minimum contract amount requiring competitive bids; providing for competitive bids to be opened publicly; providing requirements for competitive bids; requiring spending units to report multiple contract awards to a single vendor; authorizing the director to conduct compliance reviews of spending units; providing for bids by electronic transmission; providing for bid solicitation requirements; modifying prohibition against awarding contracts to debtors of state; providing for best value procurement; providing for sole source procurement; providing requirements for open market purchases; increasing the maximum amount of purchases which may be made in the open market; providing requirements for contract awards; providing requirements for the delivery of bids to the Purchasing Division; deleting the requirements for duplicate bids; authorizing the director to engage in negotiations and discussions with responsible bidders and to obtain best and final offers; providing for contract awards to multiple vendors; authorizing the director to participate in, sponsor, conduct or administer cooperative purchasing agreements or consortia; providing grounds for debarment of vendors; providing for the disposition of surplus state property by means of an internet auction site; and providing that contracts executed pursuant to the Pharmaceutical Availability and Affordability Act of 2004 are not subject to state purchasing requirements,"
H. B. 4690, Relating to changing West Virginia University Institute of Technology to the West Virginia Institute of Technology,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4690 - "A Bill to repeal §18B-2-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18B-1C-1 and §18B-1C-2, all relating to changing West Virginia University Institute of Technology to the Montgomery campus of West Virginia University; making it a fully integrated division of West Virginia University; consolidating administrative and academic units; assigning direction and support of such units to West Virginia University; and establishing legislative findings and intent regarding a collaborative engineering program between the Montgomery campus of West Virginia University and the Dow Research Park,"
H. B. 4486, Setting the salary of the Adjutant General at the pay and allowance of an officer of the same rank on active duty; minimum base pay for members of the National Guard and providing tuition payment for the cost of post-graduate courses,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4486 - "A Bill to amend and reenact §15-1B-16 and §15-1B-21 of the Code of West Virginia, 1931, as amended, all relating to the National Guard generally; providing for the payment of tuition and fees for postgraduate courses for members of the National Guard; and increasing the base pay of members of the National Guard while in active service to the state,"
H. B. 4500, Providing for a salary adjustment for certain appointive state officers,
And reports back a committee substitute therefor, with a new title, as follows;
Com. Sub. for H. B. 4500 - "A Bill to amend and reenact §6-7-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §6-7-2a of said code; to amend and reenact §9A- 1-5 of said code; to amend and reenact §15-2-2 of said code; to amend and reenact §16-5P-5 of said code; to amend and reenact §17-2A-3 of said code; to amend and reenact §19-1A-5 of said code; to amend and reenact §20-1-5 of said code; to amend and reenact §21-1-2 of said code; to amend and reenact §21A-4-5 of said code; to amend and reenact §22-1-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §29-1-1 of said code; and to amend and reenact §60-2-9 of said code, all relating to salary adjustments for certain public officials,"
H. B. 4601, Increasing the amount transferred to the Special Operating Fund in the State Treasury for the Auditor's Public Utilities Division and dedicate the increased amount to pay for public utility litigation expenses,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4601- "A Bill to amend and reenact §11-6-26 of the Code of West Virginia, 1931, as amended, relating to increasing the portion of property tax revenues that may be used to reimburse the state tax division for its operating costs in carrying out its duties related to the property tax assessment of public utilities,"
And,
H. B. 4620, Providing for the salary range of the Commissioner of Banking and the Insurance Commissioner,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4620 - "A Bill to amend and reenact §31A-2-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-2-2 of said code, all relating generally to salary adjustments for the commissioner of banking and the insurance commissioner,"
With the recommendation that the committee substitutes each do pass.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4623, Relating to reports of inspections of primary and secondary schools by local boards of health,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 4623) to the Committee on Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4623) will be placed on the Consent Calendar.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Webster, Amores, Brown, Campbell, Doyle, Frich, Hatfield, Hrutkay, Longstreth, Marshall, Michael, Palumbo, Perdue, Staton and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 66 - "Expressing the ideal that a woman should be added to the West Virginia State Seal in recognition of the achievements of West Virginia's women."
Whereas, This state has become great largely because of the hard work and sacrifice of the women of West Virginia; and
Whereas, The many achievements of West Virginia women should be honored and remembered; and
Whereas, Whether she be a doctor, lawyer, educator, judge or mother, a woman is always on the job, and her work is never done; and
Whereas, There is no better way to honor and remember the hard work, accomplishments and sacrifices of West Virginia women than by revising the State Seal to include a woman; therefore, be it
Resolved by the Legislature of West Virginia:
That the Seal of the great State of West Virginia be revised to add a woman to honor the achievements of West Virginia women; and, be it
Further Resolved, That the House of Delegates hereby recognizes that women shall be honored for their contributions to the State of West Virginia.
Delegates Caputo, Manchin and Longstreth offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 67 - "Naming the Bowers Bridge and the High Street Bridge, both of which are situated in the City of Mannington, West Virginia, in honor of certain individuals who contributed greatly to the development and well-being of the City of Mannington."
Whereas, The Mayor and City Council of the City of Mannington, West Virginia desire to name two bridges located within the corporate limits of their fair City in honor of certain individuals who greatly contributed to the development and well-being of their City; and
Whereas, Sammie Hunter, Lotta Neer, Elmer "Punk" Masters, Drexil "Gene" Powell, Nassif Rohanna, James Stewart and Louis Starsick were individuals who contributed greatly of their time, ability and creative spirit to the fair City of Mannington and to honor them the City Administration has requested this Legislative Body to resolve to name the Bowers Bridge in honor of them; and
Whereas, Charles Brummage, Herbert "Pete" Bonnell and Clarence Roberts, were individuals who, additionally, contributed greatly of their time, ability and creative spirit to the Citizens of the City of Mannington and to honor them the City Administration has requested this Legislative Body resolve to name the High Street Bridge in honor of them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Bowers Bridge located in the City of Mannington, West Virginia shall henceforth be named in honor of Sammie Hunter, Lotta Neer, Elmer "Punk" Masters, Drexil "Gene" Powell, Nassif Rohanna, James Stewart and Louis Starsick; and, be it
Further Resolved, That the Division of Highways is hereby directed to erect signs at each entrance to the Bowers Bridge, proclaiming in bold and prominent alphabetic characters as follows: "THIS BRIDGE IS NAMED IN HONOR OF SAMMIE HUNTER, LOTA NEER, ELMER 'PUNK' MASTERS, DREXIL 'GENE' POWELL, NASSIF ROHANNA, JAMES STEWART AND LOUIS STARSICK - CITIZENS OF MANNINGTON WHO MADE A DIFFERENCE;" and, be it
Further Resolved, That the High Street Bridge located in the City of Mannington, West Virginia shall henceforth be named in honor of Charles Brummage, Herbert "Pete" Bonnell and Clarence Roberts; and, be it
Further Resolved, That the Division of Highways is hereby directed to erect signs at each entrance to the High Street Bridge, proclaiming in bold and prominent alphabetic characters as follows: "THIS BRIDGE IS NAMED IN HONOR OF CHARLES BRUMMAGE, HERBERT 'PETE' BONNELL AND CLARENCE ROBERTS - CITIZENS OF MANNINGTON WHO MADE A DIFFERENCE"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a certified copy of this resolution to Lenny Stafford, the Mayor of the City of Mannington and to the City Council of the City of Mannington.
Delegates Armstead (By Request), Walters and Lane offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 68 - "Designating the sugar cookie the official state cookie."
Whereas, On March 7, 1949, the Legislature designated the Sugar Maple the state tree; and
Whereas, The sugar cookie recipe was perfected in the mid-1700s in Nazareth, Pennsylvania, a neighboring Appalachian community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the sugar cookie the official state cookie; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor.
Delegate Morgan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 69 - "Requesting the Division of Highways name the bridge crossing the Ohio River between Huntington, West Virginia and Proctorville, Ohio, also known as the East Huntington Bridge, 'The Frank "Gunner" Gatski Memorial Bridge'."
Whereas, Born in Farmington, West Virginia on March 13, 1922, Frank grew up in Number Nine Mine coal camp and then attended Farmington High School. He went to work in the coal mines immediately after graduating high school; and
Whereas, Upon entering Marshall University, he impressed coach Cam Henderson enough to win a starting position on the football team. At the same time Marshall University was forced to discontinue their football program for the duration of WWII, his Army Reserve Unit was activated; and
Whereas, Frank Gatski served two years in the Army Infantry in Europe. Upon returning, he finished his college career at Auburn University. He successfully tried out for the Cleveland Browns and was added to their roster at the beginning of the 1946 season; and
Whereas, Frank Gatski played for the Cleveland Browns from 1946 through 1956 and for the Detroit Lions for the 1957 season playing in eleven Championship games in those twelve seasons; and
Whereas, Throughout twenty years of playing football in high school, in college and professionally, he never missed a game or practice; and
Whereas, Frank Gatski worked as a scout for the Boston Patriots for four years before taking the job as that teams head coach and athletic director. He then began twenty-one years of coaching at the West Virginia Industrial School for Boys in Farmington; and
Whereas, Frank Gatski was inducted into the Marshall University Athletic Hall of Fame on September 25, 1985; and
Whereas, Frank Gatski was inducted into the Professional Football Hall of Fame in Canton, Ohio on August 3, 1985; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge crossing the Ohio River between Huntington, West Virginia and Proctorville, Ohio, also known as the East Huntington Bridge, "The Frank "Gunner" Gatski 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 "The Frank "Gunner" Gatski Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Mr. Speaker, Mr. Kiss, and Delegates Amores, Browning, Campbell, Ennis, Kominar, Leach, Mahan, Pino, Staton and Talbott:

H. J. R. 116 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section one-d, relating to exempting from ad valorem taxation one motor vehicle owned by a state resident who in any year is serving on active duty in the military services of the United States and is stationed outside the United States; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on the Judiciary.
Mr. Speaker, Mr. Kiss, and all other Members of the House of Delegates offered the following resolution, which was read by its title, as follows:
H. R. 27 - "Designating February 24, 2006, as 'Children's Day'."
Whereas, West Virginia's children are the state's most precious resource; and
Whereas, As parents, neighbors, and communities, it is our fundamental obligation to care for, protect, and nurture our children; and
Whereas, It is our responsibility to assure and provide for the health and well-being, education and training of our children to prepare them for the challenge of adult life; and
Whereas, Our children are the future teachers, workers, and leaders of West Virginia; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby declares this day February 24, 2006, "Children's Day"; and, be it
Further Resolved, That the House of Delegates recognizes its responsibility to give our children every opportunity to succeed and prosper, and pledge to consider their welfare in the laws that we establish and the work of this Session of the Legislature; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the appropriate officials of the Coalition for West Virginia's Children.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 27) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegate Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 28 - "Promoting the West Virginia Perinatal Wellness Study with regard to the health of all pregnant women within West Virginia."
Whereas, There has been an increase in both the number of low-birth weight babies as well as the number of West Virginia infants who die in the first year of life; and
Whereas, West Virginia ranks well below other states and the national average concerning child well-being indicators of the first year of life mortality and low-birth weight; and
Whereas, Using tobacco products during pregnancy is one of the leading associated risk factors for low-birth weight and for infant mortality, a 2003 study revealed that over twenty six percent of West Virginia pregnant women used tobacco during pregnancy; and
Whereas, Thirty four percent of all infant deaths in two thousand three were attributed to infants whose mothers used tobacco products; and
Whereas, Many stakeholder organizations have collaborated to increase public awareness and to address the issues involving causes of poor birth outcomes in West Virginia; and
Whereas, The goal of these stakeholders and the West Virginia Perinatal Wellness Study is to increase the awareness of legislators, administrators, policymakers, and the public with regard to public policy issues that are essential to improving pregnancy outcomes within West Virginia; therefore, be it
Resolved by the House of Delegates:
That the House hereby promotes the "West Virginia Perinatal Wellness" study and that the House affirms its commitment to encouraging all West Virginians to promote the health of all pregnant women within the State of West Virginia; and, be it
Further Resolved, That the Clerk Of the House of Delegates, forward a certified copy of this resolution to the Governor and the Senate.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Amores, Staton and Trump:
H. B. 4753 - "A Bill to amend the Code of West Virginia, l931, as amended, by adding thereto a new article, designated §16-42-1 and §16-42-2, all relating to regulation and procedures for the cleanup of clandestine drug laboratories; establishing a program of certification and licensing of persons engaged in the business of cleanup; authorizing the bureau for public health to establish fees for certification, licensing and notification requirements; and establishing a special revenue account"; to the Committee on the Judiciary.
By Delegates Caputo, Tucker and Butcher:
H. B. 4754 - "A Bill to amend and reenact §22A-2-37 of the Code of West Virginia, 1931, as amended, relating to providing that personnel carriers or trip cars used to transport miners to a working section must be maintained at the working section and must have sufficient capacity to transport all miners out of the working section in the event of an emergency"; to the Committee on the Judiciary.
By Delegates Caputo, Tucker and Butcher:
H. B. 4755 - "A Bill to amend and reenact §22A-9-1 of the Code of West Virginia, 1931, as amended, relating to providing that a former director of the West Virginia University School of Mines may be selected to serve on the Mine Inspectors' Examining Board"; to the Committee on Government Organization.
By Delegates Barker, Eldridge, Louisos and Hrutkay:
H. B. 4756 - "A Bill to amend and reenact §11-1A-11 of the Code of West Virginia, 1931, as amended, relating to exempting owners, with the exception of corporations or partnerships, of one hundred acres or less of real property from valuation and assessment as natural resources property; defining 'small property owner'; and, extending the exemption for an owner or owners of two or more tracts of real property of one hundred acres or less"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Rick Thompson, Miley, Kominar, Varner and Leach:
H. B. 4757 - "A Bill to amend and reenact §9-2-6 of the Code of West Virginia, 1931, as amended, relating to subpoena power for the board of review in the Department of Health and Human Resources"; to the Committee on Government Organization.
By Delegates Amores, Mahan, Schadler and Hrutkay:
H. B. 4758 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to a confiscated or forfeited pistol or revolver used in a homicide"; to the Committee on the Judiciary.
By Delegate Ellem:
H. B. 4759 - "A Bill to amend and reenact §46A-4-110a of the Code of West Virginia, 1931, as amended, relating to the prohibition against mandatory arbitration clauses in consumer loan agreements by regulated consumer lenders in the state"; to the Committee on the Judiciary.
By Delegate Ellem:
H. B. 4760 - "A Bill to amend and reenact §48-14-407 of the Code of West Virginia, 1931, as amended, relating to child support source of income; and providing penalty for employers failing to withhold"; to the Committee on the Judiciary.
By Delegates Boggs and Michael:
H. B. 4761 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-6A-15, relating to granting the Public Service Commission authority and responsibilities under the Single State Registration System and the Unified Carrier Registration System with regard to motor carriers operating in interstate commerce"; to the Committee on the Judiciary.
By Delegate Moore:
H. B. 4762 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-6-1, §4-6-2, §4-6-3, §4-6-4, §4-6-5 and §4-6-6, all relating to the formation of a legislative commission to study implementation of the development of Coalwood Way and related sites in Big Creek District of McDowell County as historical, cultural and recreational facilities"; to the Committee on Government Organization.
By Delegates Boggs, Azinger, Butcher, Evans, Stalnaker, Susman and Ron Thompson:
H. B. 4763 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-10-1, §9-10-2, §9-10-3 and §9-10-4, all relating to the coordination of transportation needs of the transportation-disadvantaged; creating a Transportation Coordinating Council within the Department of Health and Human Resources, Division of Human Services; establishing its membership, responsibilities and reporting requirements; and requiring the use of public transit systems under certain circumstances"; to the Committee on Government Organization then Finance.
By Delegates Miley and Fragale:
H. B. 4764 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-3-308a, relating to prohibiting the prescription of the drug oxycontin unless directly administered by a licensed physician or nurse or directly monitored by a licensed physician or nurse; and penalties"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Ron Thompson:
H. B. 4765 - "A Bill to amend and reenact §46A-4-104 of the Code of West Virginia, 1931, as amended, relating to establishing annual reporting requirements for regulated consumer lenders; and providing safeguards for nonpublic personal information that consumers disclose to regulated consumer lenders or in the context of examination of regulated consumer lenders by the Division of Banking"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Michael and Stalnaker:
H. B. 4766 - "A Bill to amend and reenact §5-10-2 of the Code of West Virginia, 1931, as amended, relating to providing that mental hygiene commissioners are employees under the Public Employees Retirement System and may receive one year of service credit for each year served and pro rated service credit for any partial year served, up to a maximum of fifteen years credited service"; to the Committee on Pensions and Retirement then Finance.
By Delegates Frederick, Michael, Carmichael and Hall:
H. B. 4767 - "A Bill to amend and reenact §5-3-3, §5-3-4 and §5-3-5 of the Code of West Virginia, 1931, as amended; and to amend §5A-3-13 of said code, all relating to requiring the Attorney General to report to the Governor and the Joint Committee on Government and Finance relative to contracts entered into for legal services with persons outside the Attorney General's Office; requiring the Attorney General to report to the Governor and Joint Committee on Government and Finance upon the conclusion of contracted for legal services, including a statement of fees involved on an hourly basis; prohibiting the payment of fees in excess of $500 per hour; requiring the Joint Committee on Government and Finance to study the new provisions and to report recommendations for further changes to the full Legislature before the two thousand eight session; requiring the Attorney General to submit semi-annual reports to the Governor and the Joint Committee on Government and Finance concerning contracts for outside legal services; requiring the inclusion of information in the semi-annual reports concerning the nature of these contracts; requiring all attorneys fees or costs awarded the Attorney General to be deposited into a state fund; and, requiring that contracts proposed by the Attorney General be approved as to form by the Secretary of State"; to the Committee on Finance.
By Delegate Boggs (By Request):
H. B. 4768 - "A Bill to amend and reenact §24A-2-6 of the Code of West Virginia, 1931, as amended, relating to the regulation of intrastate driving hours of for-hire carriers"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Boggs (By Request):
H. B. 4769 - "A Bill to amend and reenact §17-4-17d of the Code of West Virginia, 1931, as amended, relating to the payment of privately held public utilities on state funded highway construction projects"; to the Committee on Roads and Transportation then Finance.
By Delegates Beane, Ellem, Azinger, Border and Anderson:
H. B. 4770 - "A Bill to amend and reenact §8-14-2a of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-15-10a of said code, all relating to providing for the compensation of members of municipal fire departments and members of police departments; providing double the rate of pay for members working on holidays; and providing one and one half times the rate of pay for those members who scheduled the day off "; to the Committee on Finance.
By Delegate Azinger:
H. B. 4771 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-18-105a, relating to providing a method in which males may contest allegations or presumptions of biological parentage under certain circumstances"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 4772 - "A Bill to amend and reenact §51-2A-5 of the Code of West Virginia, 1931, as amended, relating to reducing the term of office of family court judges to four years"; to the Committee on the Judiciary.
By Delegates Doyle, Tabb and Wysong:
H. B. 4773 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §8A-12-17a, relating to providing additional funding for county Farmland Preservation Protection Programs"; to the Committee on Finance.
By Delegates Amores, Schadler and Mahan:
H. B. 4774 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-2-7, relating to the publication of the code of state rules; permitting the technical changes to the procedure governing the publication of the rules; and allowing the use of electronic media"; to the Committee on the Judiciary.
By Delegates Wysong, Tabb and Doyle:
H. B. 4775 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to allowing law-enforcement officers from other states authorized to carry a weapon in the performance of their duties, to carry weapons in West Virginia without a license when the other state allows law-enforcement officers from West Virginia to carry weapons in that state without a license"; to the Committee on the Judiciary.
By Delegates Leach, Perdue, Susman and Border:
H. B. 4776 - "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"; to the Committee on the Judiciary.
By Delegates Talbott, Amores and Rick Thompson:
H. B. 4777 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §47-11A-5a, relating to prohibiting out-of-state persons or business entities from soliciting business by written advertisement in this state by appearing to be a local or in-state person or business, unless the advertisement shows where the person or business entity is located"; to the Committee on the Judiciary.
By Delegates Cann, Webster, Staton, Perdue, Amores and Craig:
H. B. 4778 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo; to amend said code by adding thereto a new section, designated §8-12-5e; and to amend and reenact §29-22B-1201 and §29-22B-1202 of said code, all relating to video lottery terminals generally; and providing for the adoption of ordinances by counties and municipalities to regulate the location of businesses providing video lottery games or other gambling games"; to the Committee on Government Organization then the Judiciary.
By Delegate Moore:
H. B. 4779 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-11a, relating to McKinsie's Law; prohibiting the exposure of any game that has been gutted or cleaned from the public's view when reasonably possible; and providing a penalty"; to the Committee on the Judiciary.
By Delegate Spencer:
H. B. 4780 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to changing the compulsory school attendance for children in the state from sixteen to eighteen years of age"; to the Committee on Education.

By Delegates Varner, Kominar, Cann, Craig, Williams, Talbott, Pino, Stemple, Amores and Michael:

H. B. 4781 - "A Bill to amend and reenact §11-6C-1 of the Code of West Virginia, 1931, as amended, relating to the special method for appraising dealer vehicle inventory generally; and including inventories of vehicles held as rental cars in the special method for appraising dealer vehicle inventory"; to the Committee on the Judiciary.
By Delegate Williams:
H. B. 4782 - "A Bill to amend and reenact §18-2-5b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-4 of said code, all relating to providing a salary supplement for providers of medicaid eligible services in the public schools and the financing thereof"; to the Committee on Education then Finance.
By Delegates Long, Moore, Tabb, Hrutkay and Ellem:
H. B. 4783 - "A Bill to amend and reenact §49-5-13d of the Code of West Virginia, 1931, as amended, relating to teen court programs; allowing municipal courts the option to participate in county teen court program, with approval by the municipality; and requiring municipalities and municipal court clerks to adopt, collect and remit the county established a mandatory fee when a municipality elects to institute or participate in a teen court program, to help fund the program"; to the Committee on the Judiciary.
By Delegate Campbell:
H. B. 4784 - "A Bill to amend and reenact §11-13A-2 and §11-13A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-27-38, all relating to eliminating the severance tax and the health care provider tax on behavior health providers"; to the Committee on Finance.
By Delegates Marshall, Stephens, Louisos, Poling, Spencer, Wysong, Wells, Longstreth, Sumner and Fragale:

H. B. 4785 - "A Bill to amend and reenact §18A-4-8f of the Code of West Virginia, 1931, as amended, relating to allowing school service personnel the opportunity to vote on giving transfer preference to employees from a merged or consolidated school or school facility"; to the Committee on Education then Finance.
By Delegates Beane and Ennis:
H. B. 4786 - "A Bill to amend and reenact §21A-1A-28 of the Code of West Virginia, 1931, as amended, relating to the Unemployment Compensation Fund generally; and providing a new method of calculating the taxable wage base for unemployment compensation at thirty-six percent of the state's average annual wage"; to the Committee on Finance.
By Delegates Barker, Argento, Manchin and Fragale:
H. B. 4787 - "A Bill to amend and reenact §5A-8-21 of the Code of West Virginia, 1931, as amended, relating to permitting employee organizations to obtain state employees' home addresses as an exception to the limitation imposed on the release of personal information concerning state employees"; to the Committee on the Judiciary.
By Delegates Beane and Ennis:
H. B. 4788 - "A Bill to amend and reenact §22C-3-6 of the Code of West Virginia, 1931, as amended, relating to providing for the recouping part of the cost of cleaning up illegal solid waste dumps by the Solid Waste Management Board; providing for the establishment of criteria for county and regional solid waste authority share; and requiring county and regional solid waste authorities to contribute"; to the Committee on Government Organization.
By Delegates Doyle and DeLong:
H. B. 4789 - "A Bill to amend and reenact §19-23-3, §19-23-4, §19-23-5, §19-23-6 and §19- 23-13b of the Code of West Virginia, 1931, as amended, all relating to the Racing Commission; defining authority of the Racing Commission; providing for five members of the Racing Commission; providing qualifications for members of the Racing Commission; abolishing certain positions within the Racing Commission; creating the position of Director of Racing; and providing authority for the Director of Racing"; to the Committee on Government Organization then Finance.
By Delegate Hatfield:
H. B. 4790 - "A Bill to repeal §49-2B-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-2B-1, §49-2B-2, §49-2B-3, §49-2B-4, §49-2B-5, §49-2B-6, §49-2B-7, §49-2B-8, §49-2B-9, §49-2B-10, §49-2B-11, §49-2B-12, §49-2B-13, §49-2B-14, §49-2B-16 and §49-2B-17, all relating to prescribing and modifying the duties of the Secretary of the Department of Health and Human Resources in child welfare placement; modifying requirements related to child care placement in certain homes or facilities; updating statutory language; and, repealing the section of the code concerning the establishment of pilot day care programs"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss, and Delegates Swartzmiller, Browning, Hartman, Boggs, Varner, Williams, Beane, Michael and Beach:

H. B. 4791 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto fourteen new sections, designated §7-20-11, §7-20-12, §7-20-13, §7-20-14, §7-20-15, §7-20- 16, §7-20-17, §7-20-18, §7-20-19, §7-20-20, §7-20-21, §7-20-22, §7-20-23 and §7-20-24, all relating generally to the Local Powers Act; giving counties plenary power and authority to impose, administer, collect and enforce payment of voter approved service fees to pay for or finance cost of special infrastructure projects within their counties, defining certain terms; giving county commissions authority to issue revenue bonds to finance special infrastructure projects, including authority to issue refunding bonds and to take other actions to finance and complete such projects as the county commission deems prudent or necessary"; to the Committee on Finance.
By Delegates Amores, H. White, Azinger and Moore:
H. B. 4792 - "A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §44-6-10, relating to authorizing the purchasing of certain services from a bank or trust company or an affiliate of a bank or trust company"; to the Committee on the Judiciary.
By Delegates Browning and Staton:
H. B. 4793 - "A Bill to amend and reenact §5B-2-12a of the Code of West Virginia, 1931, as amended, relating to authorizing the tourism commission the use of the tourism promotion fund to support the 2006 Washington D.C. advertising campaign to be promoted in the year two thousand six"; to the Committee on Finance.
By Delegates Beane and Ennis:
H. B. 4794 - "A Bill to amend and reenact §21A-2-6 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the commissioner of the bureau of employment programs generally; and providing that the commissioner may revoke the business registration certificate of an employer in default"; to the Committee on the Judiciary then Finance.
By Delegates Beane and Ennis:
H. B. 4795 - "A Bill to amend and reenact §30-31-5 of the Code of West Virginia, 1931, as amended, relating to the board of examiners in counseling generally; providing for criminal background checks on licensees; and providing for the assessment of a fee for the background check"; to the Committee on Government Organization.
By Delegates Palumbo and Morgan:
H. B. 4796 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §11-17-3 of said code; and to amend and reenact §16-9A-3 of said code, all relating to decreasing the consumer sales and service tax on food to one percent; increasing the cigarette excise tax to one dollar per pack; increasing the excise tax on noncigarette tobacco products to fifteen percent; increasing the penalties for use or possession of tobacco or tobacco products by a person under eighteen years of age; increasing fines and community service requirements; and providing, upon a second offense, for revocation of the person's junior or graduated driver's license until eighteen years of age or, if the person does not yet have a driver's license, the person is ineligible to apply for any type of driver's license until eighteen years of age"; to the Committee on the Judiciary then Finance.
By Delegates Border and Armstead:
H. B. 4797 - "A Bill to amend and reenact §15-2-24 of the Code of West Virginia, 1931, as amended, relating to fees charged by the Criminal Identification Bureau of the West Virginia State Police for providing certain information to volunteer fire departments"; to the Committee on Finance.
By Delegates Miley and Fragale:
H. B. 4798 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-12-11, relating to prohibiting registered sex offenders from entering schools without permission and accompaniment by a principal or vice-principal; prohibiting a registered sex offender from entering a day care facility without being accompanied by an employee of the facility over twenty-one years of age; and penalties"; to the Committee on Education.
By Delegates Frederick and Craig:
H. B. 4799 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §22A-2-57a and §22A-2-57b, all relating to the drug testing of miners"; to the Committee on the Judiciary.
By Delegate Overington:
H. B. 4800 - "A Bill to amend and reenact §10-1-5 of the Code of West Virginia, 1931, as amended, relating to clarifying public library board service areas as determined by the Library Commission; and providing for appointment of members at large from the service area"; to the Committee on Government Organization.
By Delegates Trump and Staton:
H. B. 4801 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6L-1, §46A-6L-2 and §46A-6L-3, all relating to unfair trade practices of residential real estate developers; legislative findings; definitions; prohibiting residential real estate developers from offering or providing any inducement or incentive to any purchaser or prospective purchaser of residential real estate to obtain a real estate mortgage loan from any provider of residential real estate loans with whom the residential real estate developer has an affiliated business arrangement; creating a misdemeanor offense and penalties; providing that a violation is an unfair or deceptive practice and is subject to certain enforcement provisions and remedies"; to the Committee on the Judiciary.
By Delegates Overington, Blair and Trump:
H. B. 4802 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10b, relating to prohibiting project labor agreements on state-funded construction contracts"; to the Committee on the Judiciary.
By Delegate Hall:
H. B. 4803 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12f, relating to allowing individuals to reduce their federal adjusted gross income for nonreimbursable employee expenses"; to the Committee on Finance.
By Delegate Frederick:
H. B. 4804 - "A Bill to amend and reenact §22-6-1, §22-6-6 and §22-6-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §22C-8-2 and §22C-8-7 of said code; to amend and reenact §24B-1-2 of said code; and to amend said code by adding thereto a new section, designated §24B-3-5, all relating to drilling gas wells near active coal mines; definitions; establishing when a permit for a proposed well near a permitted mine shall be refused; and requiring every pipeline company to file facility maps of its various pipelines"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 4805 - "A Bill to amend and reenact §17A-3-4 and §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to creating a new public transportation system license plate to replace the mix of municipal, county and state plates currently assigned for use on public transit vehicles"; to the Committee on Roads and Transportation then Finance.
By Delegates Blair, Wakim and Trump:
H. B. 4806 - "A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as amended, relating to the requirement that motor vehicle insurance certificates may be issued only for the time period for which the insured pays for coverage"; to the Committee on the Judiciary.
By Delegates Sobonya, Schadler, Howard, Stephens, Perdue, Leach, Border, Martin, Morgan, Sumner and Stevens:

H. B. 4807 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4E-1 and §9-4E-2, all relating to exempting physicians from obtaining medicaid preauthorization before dispensing or prescribing immunosuppressives or medications for treatment of cancer, human immunodeficiency virus, acquired immune deficiency syndrome, or hepatitis C or in order to avoid catastrophic results from inadequate and untimely treatment; and providing findings by the Legislature"; to the Committee on Finance.
By Delegates Fragale, Iaquinta, Eldridge, Stalnaker and Miley:
H. B. 4808 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-9a, relating to requiring that the State School Board ensure that no class size for grades seven through twelve in public schools shall be greater than twenty-five students to every one teacher"; to the Committee on Education then Finance.
By Delegates Beane, Pino, Talbott, Williams, Beach, Paxton and Leggett:
H. B. 4809 - "A Bill to amend and reenact §18-28-3 and §18-28-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-28-8, all relating to private, parochial and church schools generally; providing for the inclusion of certain proficiency tests; providing for the transfer of courses and grades between private, parochial and church schools to the public schools; and providing for the provision of kindergarten and pre-kindergarten classes by private, parochial and church schools"; to the Committee on Education.
By Delegates Rick Thompson and Perdue:
H. B. 4810 - "A Bill to amend and reenact §16-13-16 of the Code of West Virginia, 1931, as amended, relating to increasing the time period after which a governing body of a utility may shut off and discontinue water services to a delinquent user of sewer facilities"; to the Committee on the Judiciary.
By Delegate Eldridge:
H. B. 4811 - "A Bill to amend and reenact §61-8B-3 and §61-8B-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §61-8D-5 of said code; and to amend said code by adding thereto two new sections, designated §61-8F-1 and §61-8F-2, all relating to providing for the option of an orchiectomy for male child molester upon second offense convictions in lieu of enhanced penalties"; to the Committee on the Judiciary.
By Delegates Tansill and Trump:
H. B. 4812 - "A Bill to amend and reenact §3-1-4 of the Code of West Virginia, 1931, as amended, relating to voter identification; and establishing a requirement that voters identify themselves prior to casting a vote"; to the Committee on the Judiciary.
By Delegate Yost:
H. B. 4813 - "A Bill to amend and reenact §21-3C-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21-3C-2a, all relating to defining limited use residence elevators in public places; and establishing guidelines for installing limited use residence elevators"; to the Committee on Government Organization.
By Delegates Manchin, Caputo and Longstreth:
H. B. 4814 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to providing for a five percent cap on any increase in one year for periodic valuations and assessments of real and personal property"; to the Committee on the Judiciary then Finance.
By Delegates Blair, Wakim, Duke, Overington and Roberts:
H. B. 4815 - "A Bill to amend and reenact §4-1-18 of the Code of West Virginia, 1931, as amended, relating to the budget bill generally; and providing that approved member requests for budget digest funds shall be distributed equally"; to the Committee on Finance.
By Delegate Doyle:
H. B. 4816 - "A Bill to amend and reenact §11-15-9d and §11-15-20 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-15A-3d of said code; to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-13, §11-15B-14a, §11-15B-15, §11-15B-18, §11-15B-19, §11- 15B-20, §11-15B-23, §11-15B-24, §11-15B-35 and §11-15B-36 of said code; and to amend said code by adding thereto two new sections, designated §11-15B-2b and §11-15B-37, all relating generally to conforming West Virginia's consumers sales and use tax law to requirements of Streamlined Sales and Use Tax Agreement as amended; incorporating in this state's sales and use tax laws certain substantive provisions of agreement pertaining to definitions, administration, collection and enforcement of sales and use taxes; deleting obsolete language; making other technical changes; and, specifying effective dates"; to the Committee on Finance.
By Delegate Cann:
H. B. 4817 - "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 fire fighters' school building and fire equipment in Harrison County"; to the Committee on the Judiciary.
By Delegates Overington and Blair:
H. B. 4818 - "A Bill to amend and reenact §8A-12-1, §8A-12-2, §8A-12-3, §8A-12-5, §8A-12-12, §8A-12-15, §8A-12-16 and §8A-12-17 of the Code of West Virginia, 1931, as amended, all relating to the voluntary farmland preservation program generally; clarifying legislative purpose; prohibiting county farmland preservation boards from purchasing land without the authority of the county commission; prohibiting use of fees for tourism purposes, historical preservation, or maintenance or management by the county farmland preservation board"; to the Committee on Government Organization.

By Delegates Marshall, Eldridge, Miley, Manchin, Caputo, DeLong, Webster, Brown and Walters:

H. B. 4819 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-2A-101, §46A-2A-102, §46A-2A-103, §46A-2A-104, §46A-2A-105 and §46A-2A-106, all relating to consumer protection generally; defining certain terms; providing a procedure for consumers to implement a security freeze to prohibit a consumer reporting agency from releasing all or any part of the consumer's credit report or any information derived from it without the express authorization of the consumer in certain circumstances; providing for notice of consumer rights; providing civil penalties for violations; making a violation an unfair or deceptive act or practice; and providing for severability of the provisions of the article under certain circumstances"; to the Committee on the Judiciary.
By Delegates Stemple, Swartzmiller and Crosier:
H. B. 4820 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21 and §19-9B-22, all relating to regulating the possession and sale of exotic animals; creating the 'West Virginia Animal Safety Control Act'; establishing the animal health safety control board; creating the technical advisory committee; setting forth duties and responsibilities of the animal health safety control board; providing for an animal health safety fees special revenue fund; authorizing the board to propose rules for legislative approval; setting out the jurisdiction of various state agencies; requiring the payment of certain costs and bond requirements; requiring pet shop registration and setting a fee therefor; prohibiting possession or breeding of exotic animals unless in compliance with article; requiring record keeping; requiring possession permit to keep certain animals; permitting requirements; exemptions; establishing care and treatment requirements; requiring insurance; requiring the posting of certain warning signs; prohibiting certain public contact by exotic animals; authorizing inspections; providing for seizing and quarantining animals; providing an appeals process and establishing civil and criminal penalties; and limiting recovery of damages"; to the Committee on the Judiciary.
By Delegates Campbell, Williams, Cann and Perry:
H. B. 4821 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22i, relating to providing all public retirees a one-time increase of six percent"; to the Committee on Finance.
By Delegates Miley and Fragale:
H. B. 4822 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to fleeing from a law-enforcement officer; and providing felony penalties for certain persons convicted of fleeing a law-enforcement officer"; to the Committee on the Judiciary..
By Delegate Miley:
H. B. 4823 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-49-1, §33-49-2, §33-49-3, §33-49-4, §33-49-5, §33-49-6, §33- 49-7 and §33-49-8, all relating to insurance company rates generally; listing certain legislative findings; including various types of insurance; providing for a mandatory rate rollback with specific percentages; providing for administrative relief; exempting certain lines; limiting duration of rollback; allowing Commissioner of Insurance to modify rate reductions; and requiring the Commissioner of Insurance to make certain findings and recommendations"; to the Committee on Banking and Insurance then Finance.
By Delegate Miley:
H. B. 4824 - "A Bill to amend and reenact §33-20-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-20B-3 of said code, all relating to requiring that rate filings, both with respect to property and casualty insurance generally, and medical malpractice insurance in particular, contain data for informational purposes, regarding payments made for bad faith, unfair claims settlement practices, excess verdicts and other extra contractual liability, but the same not be contained or considered, in loss data submitted in support of a rate filing"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Campbell, Williams, Stalnaker, Cann and Perry:
H. B. 4825 - "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to providing all public employees a six percent pay raise"; to the Committee on Finance.
By Delegate Caputo:
H. B. 4826 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-5h, relating to requiring the State Board of Education to promulgate rules implementing a tornado safety awareness plan in public schools"; to the Committee on Education.
By Delegate Miley:
H. B. 4827 - "A Bill to amend and reenact §33-6B-3 of the Code of West Virginia, 1931, as amended, relating to prohibiting the number of inquiries reflected in a credit report, credit score report or CLUE report from adversely affecting an application for insurance; and, prohibiting reliance on information which is false or potentially false"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Miley:
H. B. 4828 - "A Bill to amend and reenact §33-2-16, §33-2-17 and §33-2-18 of the Code of West Virginia, 1931, as amended, all relating to the Office of Consumer Advocacy"; to the Committee on Government Organization.
By Delegate Stephens:
H. B. 4829 - "A Bill to amend and reenact §62-11B-7a of the Code of West Virginia, 1931, as amended, relating to home incarceration supervisors; and authorizing home incarceration supervisors to arrest persons who obstruct them in the performance of their duties"; to the Committee on the Judiciary.
By Delegates Beane and Ennis:
H. B. 4830 - "A Bill to amend and reenact §30-14A-1 of the Code of West Virginia, 1931, as amended, relating to the required number of continuing education hours for osteopathic physician assistants; and clarifying that written documentation satisfactory to the board of the completion of twenty hours of continuing education hours in the preceding two year period is the applicable requirement"; to the Committee on Government Organization.
By Delegate Azinger:
H. B. 4831 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to the consumers sales and service tax generally; and exempting sales of medicines by a physician in the treatment of a patient in his or her office, including any sales of medicines that may be ordered in bulk by a physician and dispensed to patients being treated by the physician in his or her office from the consumers sales and service tax"; to the Committee on Finance.
By Delegates Sobonya, Lane, Howard, Hamilton, Stephens, Eldridge, Moore and Sumner:

H. B. 4832 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to the consumers sales and service tax generally; and exempting sales of medicines by a physician in the treatment of a patient in his or her office, including any sales of medicines that may be ordered in bulk by a physician and dispensed to patients being treated by the physician in his or her office from the consumers sales and service tax"; to the Committee on the Judiciary then Finance.
By Delegate Spencer:
H. B. 4833 - "A Bill to amend and reenact §5-14-5 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §5-14-13, relating to the information to be contained in the commission at-risk registry of deaf and hearing impaired children; health privacy consent forms to be contained in the registry; and authorizing doctors, hospitals and other health care facilities to provide forms to parents and legal guardians of deaf and hard of hearing children, in compliance with federal health privacy standards, in order to establish an at-risk registry for the West Virginia Commission for the Deaf and Hard of Hearing in order to provide services"; to the Committee on Government Organization.
By Delegate Spencer:
H. B. 4834 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §60A-10-1, §60A-10-2, and §60A-10-3, all relating to creation of the West Virginia Meth Free Act; setting forth findings and a purpose; providing a short title; requiring the State Police to maintain a registry of names of those convicted of crimes related to methamphetamine production or distribution; and, requiring the circuit clerks to provide abstracts of judgment to the State Police that reflect criminal convictions of persons relative to methamphetamine production or distribution"; to the Committee on the Judiciary.
By Delegates Lane, Overington, Walters, Sobonya, Blair, Sumner, Trump, Armstead and Carmichael:

H. B. 4835 - "A Bill to amend and reenact §5-3-2 of the Code of West Virginia, 1931, as amended, relating to requiring that the Joint Committee on Government and Finance approve any proposed settlement involving the Office of the Attorney General; and, providing that any proceeds received in any civil action involving the Office of the Attorney General be deposited in the general revenue fund to be appropriated by the Legislature"; to the Committee on the Judiciary then Finance.
By Delegates Kominar, Craig, H. White and Stalnaker:
H. B. 4836 - "A Bill to amend and reenact §61-3-39f of the Code of West Virginia, 1931, as amended, relating to providing authorization for private citizens to file certain criminal complaints directly with the magistrate court"; to the Committee on the Judiciary.
By Delegates Ron Thompson, Beach, Hamilton, Hrutkay, Iaquinta, Morgan, Perry, G. White and H. White:

H. B. 4837 - "A Bill to amend and reenact §32A-2-5 of the Code of West Virginia, 1931, as amended, relating to raising the fees for licensing money-service businesses"; to the Committee on Finance.
By Delegate Kominar:
H. B. 4838 - "A Bill to amend and reenact §48-13-502 and §48-13-603 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-13-504, all relating to calculating child support under the extended shared parenting plan"; to the Committee on the Judiciary.
By Delegate Swartzmiller:
H. B. 4839 - "A Bill to amend and reenact §7-14D-2 of the Code of West Virginia, 1931, as amended, relating to clarifying the definition of final average salary for Deputy Sheriff Retirement System"; to the Committee on Government Organization then Finance.
By Delegate Swartzmiller:
H. B. 4840 - "A Bill to amend and reenact §7-14D-14 of the Code of West Virginia, 1931, as amended, relating to eliminating any reduction in the benefit of a deputy sheriff who is disabled on the job"; to the Committee on Finance.
By Delegate Lane:
H. B. 4841 - "A Bill to repeal §7-7-6d of the Code of West Virginia, 1931, as amended, relating to collection of head taxes on dogs; duties of assessor and sheriff; disposition of head tax; and taxes on dogs not collected by assessor"; to the Committee on the Judiciary.
By Delegates Proudfoot, Amores, Craig and Trump:
H. B. 4842 - "A Bill to amend and reenact §20-3A-2, §20-3A-3, §20-3A-4 and §20-3A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-3A-9, all relating to the Skiing Responsibility Act, amending and adding definitions, modifying duties of ski area operators, clarifying duties of skiers and passengers and adding provisions relating to competition"; to the Committee on the Judiciary.
By Delegates Staton and Browning:
H. B. 4843 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-30, relating transferring control of the McDowell County Corrections Facility to the West Virginia Regional Jail and Correctional Facility Authority"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Stalnaker:
H. B. 4844 - "A Bill to amend and reenact §5-10-14 of the Code of West Virginia, 1931, as amended, relating to service credit for certain temporary legislative employees"; to the Committee on Finance.
By Delegate Hunt:
H. B. 4845 - "A Bill to amend and reenact §30-3-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-14-11 of said code, all relating to professional discipline of physicians, podiatrists and osteopathic physicians and surgeons generally; and including oral or written inquiry of a patient about possession, ownership or storage of firearms as a reason for invoking disciplinary proceedings"; to the Committee on Government Organization.
By Delegates Stemple, Varner and Kominar:
H. B. 4851 - "A Bill to amend and reenact §24-1-1 of the Code of West Virginia, 1931, as amended, relating to providing a legislative finding that it may be in the best interests of public utility consumers to allow public utilities to enter contracts which allow the payment of capital costs of expansions or new construction of public utility facilities in exchange for reservations of capacity in these new facilities"; to the Committee on Government Organization.
By Delegates Stemple, Varner and Kominar:
H. B. 4852 - "A Bill to amend and reenact §6B-2-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8A-2-3, §8A-2-4 and §8A-2-5 of said code, all relating to members of planning commissions; allowing for the service of planning commission members who have businesses that appear before the planning commission under certain circumstances; and providing exceptions to limitations on practice before a planning commission"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4853 - "A Bill to amend and reenact §15-5A-5 of the Code of West Virginia, 1931, as amended, relating to increasing the cap on the inventory form fee"; to the Committee on the Judiciary.
Consent Calendar
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the Special Calendar:
H. B. 4635, on first reading, Consent Calendar, to the Special Calendar, by Delegate DeLong.

And,

Com. Sub. for H. B. 4694, on first reading, Consent Calendar, to the Special Calendar, by Delegate Trump.

Third Reading
Com. Sub. for H. B. 4612, Relating generally to the West Virginia Women's Commission; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
The following bills on third reading, coming up in regular order, were each read a third time:
S. B. 216, Continuing Women's Commission,
And,
Com. Sub. for H. B. 4625, Extending certain authority to professional personnel designee of school principal.
On the passage of the bills, the yeas and nays were taken (Roll No. 164), 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: Canterbury, Craig, Ferrell, Ron Thompson and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (S. B. 216 and Com. Sub. for H. B. 4625) passed.
Delegate Staton moved that Com. Sub. for H. B. 4625 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 167), 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: Canterbury, Craig, Ferrell, Ron Thompson and Trump.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4625) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2118, Providing for reimbursement to the bail bondsman for the amount of a forfeited bond under certain circumstances,
Com. Sub. for H. B. 2638, Increasing the amount of allowable equity investments in municipal police and fire pension plans,
Com. Sub. for H. B. 3019, Community volunteer enrichment programs in the public schools,
Com. Sub. for H. B. 3119, Providing that the Division of Natural Resources may not reduce the habitat land acreage available for hunting and shooting,
Com. Sub. for H. B. 4454,Relating to wages withheld from an employee,
H. B. 4472, Including family court jurisdiction in all proceedings concerning grandparent visitation,
And,
H. B. 4632, Relating to employing homeland security and emergency service personnel.
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. 244, Relating to state-chartered banks' investment limitations,
Com. Sub. for S. B. 270, Continuing Board of Banking and Financial Institutions; membership qualifications,
H. B. 4089, Establishing a new license plate that designates city or municipality law-enforcement departments; specifying the design and one time fee,
Com. Sub. for H. B. 4444, Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands,
H. B. 4487, Allowing an individual, who is at least sixteen years of age, to be in the vehicle to assist the Class Q permittee,
H. B. 4524, Authorizing the Division of Motor Vehicles to issue an identification card to West Virginia residents who already possess a valid driver's license,
H. B. 4679, Relating to qualified charitable gift annuities,
And,
H. B. 4698, Changing the filing time for a subcontractor's lien.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted.
H. C. R. 30, Naming the bridge located on Point Lick Drive in Campbells Creek the "Jimmie D. Bays Bridge",
And,
H. C. R. 39, Requesting the Division of Highways to name the bridge located at Howell's Mill near Ona, the "Rimmer-White Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Today being Friday, the House of Delegates proceeded to the consideration of business on the Local Calendar.
Local Calendar
H. B. 4569, Extending the time for the county commission of Harrison County, West Virginia, to meet as a levying body; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 168), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Canterbury, Craig, Ferrell, Ron Thompson and Trump.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 169), 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: Canterbury, Craig, Ferrell, Ron Thompson and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4569) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 170), 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: Canterbury, Craig, Ferrell, Ron Thompson and Trump.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4569) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4751, Extending the time for the Board of Education of the County of Grant to meet as a levying body; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 171), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Canterbury, Craig, Ferrell, Ron Thompson and Trump.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.The question being on the passage of the bill, the yeas and nays were taken (Roll No. 172), 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: Canterbury, Craig, Ferrell, Ron Thompson and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4751) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 173), 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: Canterbury, Craig, Ferrell, Thompson, Ron and Trump.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4751) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Special Calendar
-Continued-
Third Reading
H. B. 4522, Removing the Commissioner of Insurance as the attorney in fact for HMO's for service of process purposes; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
S. B. 454, Removing Insurance Commissioner as health maintenance organizations' attorney for service of process purposes; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 174), 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: Canterbury, Craig, Ferrell, Ron Thompson and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 454) passed.
H. B. 4689, Relating to increasing beginning teacher salaries; on third reading, coming up in regular order, was read a third time.
Delegate Rick Thompson requested to be excused from voting on the passage of H. B. 4689 under the provisions of House Rule 49, stating that his daughter was a permanent/temporary of the school system, and Delegate Lane stated that his wife was a student and also requested to be excused from voting.
The Speaker refused to excuse the Gentlemen from voting, stating that they did not exhibit a direct pecuniary interest in the bill.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non- reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 175), 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: Canterbury, Craig, Ferrell, Ron Thompson and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4689) passed.
On motion of Delegate Campbell the title of the bill was then amended to read as follows:
H. B. 4689 - "A Bill to amend and reenact §18A-4-1 and §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."
Delegate Staton moved that the bill take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 176), 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: Canterbury, Craig, Ferrell, Ron Thompson and Trump.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4689) takes effect July 1, 2006.
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. 4015, Relating to funding of the Revenue Shortfall Reserve Fund; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of an amendment by Delegate Trump on that 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. 4036, Relating to soliciting or advocating murder, providing criminal penalties and specifying that the offenses and penalties are cumulative to other offenses and penalties;
Com. Sub. for H. B. 4453, Clarifying the powers and duties of conservation officers as it relates to searches and seizures,
Com. Sub. for H. B. 4456, Removing limitations on beaver trapping,
Com. Sub. for H. B. 4536, Improving competition among telephone public utilities providing landline services,
H. B. 4658, Creating the Funeral Planning Agent Designation Act,
And,
H. B. 4683, 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,
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. 4565, Establishing section of vital statistics in Bureau for Public Health,
H. B. 4635, Providing that in the event a yearling was born in another state and transported to this state, the definition of "Raiser of an accredited West Virginia horse" does not apply to any pari-mutuel racing facility in Jefferson County,
And,
Com. Sub. for H. B. 4694, Relating to abuse and neglect of children.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Canterbury, Craig, Ferrell, Ron Thompson and Trump.
Miscellaneous Business
Delegate Staton asked and obtained unanimous consent that all remarks regarding "Children's Day" be printed in the Appendix to the Journal.
At 11:36 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, February 27, 2006.