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Tuesday, February 28, 2006



The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 27, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 4842, Updating the terms of the West Virginia Skiing Responsibility Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4842) was taken up for immediate consideration, read a second time and then ordered to third reading with the amendment pending.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 4622, Reducing certain oil and gas well and methane gas well performance bonds,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4622) was taken up for immediate consideration, read a second time and then ordered to third reading with the amendment pending.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 4817, Authorizing Harrison County court to use unexpended funds to acquire a new fire fighter's school building.
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 4414, Providing criminal penalties for violating a peace bond,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4414) was taken up for immediate consideration, read a second time, ordered to third d reading with right to amend and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on February 21, 2006, he approved S. B. 539; and on February 27, 2006, he approved S. B. 505.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, to take effect July 1, 2006, of
S. B. 370 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting farming equipment and livestock from personal property taxation.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment to the House of Delegates amendment was reported by the Clerk:
On page six of the House amendment, section nine, subsection (a), subdivision (28), after the word "including" by inserting the words "vehicles that qualify for a farm use exemption certificate pursuant to section two, article three, chapter seventeen-a of this code and".
And,
On page six, section nine, subsection (a), subdivision (28), after the word "Constitution" by changing the comma to a colon, striking out the words "and the products of agriculture while owned by the producer" and inserting in lieu thereof the following proviso: "Provided, That this exemption shall only apply in the case of such personal property used on a farm or farming operation that annually produces for sale agricultural products, as defined in rules of the Tax Commissioner".
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment to the House amendment.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 195), 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: Ferrell, Marshall, Romine, Schoen and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 370) passed.
The title of the bill was then amended to read as follows:
S. B. 370 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting certain personal property used on a farm or farming operation that annually produces for sale agricultural products, as defined in rules of the Tax Commissioner."
Delegate Staton moved that the bill take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 196), 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: Ferrell, Marshall, Romine, Schoen and Swartzmiller.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 370) 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.
Resolutions Introduced

Mr. Speaker, Mr. Kiss, and Delegates Beach, Amores, Argento, Blair, Caputo, Carmichael, Crosier, DeLong, Duke, Eldridge, Ellem, Fragale, Frederick, Hartman, Houston, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Longstreth, Manchin, Martin, Miley, Paxton, Perdue, Pethtel, Poling, Proudfoot, Roberts, Rowan, Staton, Stemple, Sumner, Swartzmiller, Rick Thompson, Tucker, Walters and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 74 - "Designating May 19-21,2006, as 'Order of the Arrow Weekend' in the State of West Virginia."
Whereas, Boy Scouts of America was incorporated in 1910 to provide an educational program for boys and young adults, to build character, to train in the responsibilities of participating citizenship and to develop personal fitness; and
Whereas, The Order of the Arrow is the Boy Scouts of America's National Honor Society; and
Whereas, The Order of the Arrow was founded by Dr. E. Urner Goodman and Carroll A. Edson in 1915 at the Treasure Island Camp of the Philadelphia Council of the Boy Scouts of America; and
Whereas, In 1948, the Order of the Arrow, recognized as the Boy Scout's national brotherhood of honor campers, became an official part of the national camping program of the Boy Scouts of America; and
Whereas, The purpose of the Order of the Arrow is fourfold: To recognize those Scout campers who best exemplify the Scout Oath and Law in their daily lives, to develop and maintain camping traditions and spirit, to promote Scout camping, and to crystallize the Scout habit of helpfulness into a life purpose of leadership in cheerful service to others; and
Whereas, The Order of the Arrow has more than 176,000 members located in lodges affiliated with approximately 327 Boy Scouts of America local councils; and
Whereas, Boy Scouts of America and the Order of the Arrow have been beneficial to West Virginians, teaching young men values of respect, responsibility and citizenship; and
Whereas, The annual Order of the Arrow Section C4-A Conference will be held from May 19 through May 21,2006 with participating Order of the Arrow members from West Virginia and Ohio; and therefore, be it
Resolved by the Legislature of West Virginia:
That May 19-21, 2006, be designated as "Order of the Arrow Weekend" in the State of West Virginia; and, be it
Further Resolved, That the clerk of the House of Delegates send a certified copy of this resolution to the West Virginia State Chapter of the Boy Scouts of America.
Delegates Canterbury, Walters, Carmichael, Evans, Roberts, Campbell, Trump, Sumner, Crosier, Anderson, Armstead, Ashley, Azinger, Barker, Blair, Boggs, DeLong, Duke, Eldridge, Ellem, Frederick, Hamilton, Hartman, Howard, Hrutkay, Iaquinta, Lane, Leggett, Long, Longstreth, Louisos, Manchin, Martin, Miley, Moore, Morgan, Overington, Paxton, Porter, Romine, Rowan, Schadler, Schoen, Spencer, Stalnaker, Stephens, Stevens, Talbott, Tansill, Wakim, Wells and G. White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 75 - "Requesting the Joint Committee on Government and Finance study the prospect of reducing medical care costs for state employees by providing incentives to covered employees to obtain treatment in low cost foreign health care facilities accredited by the Joint Commission International."
Whereas, The cost of medical care to the state to cover public employees has increased dramatically over time and will inevitably continue to increase in the future, creating a continuing drain of public resources; and
Whereas, Competent medical care in certain foreign countries is significantly less costly on a monetary basis than similar medical care that may be obtained in this country; and
Whereas, The Joint Commission International is an accrediting entity which promotes the improvement of the quality of care in other nations and which provides accreditation to certain foreign medical facilities relative to specific medical procedures and treatment, insuring that such medical facilities maintain a threshold modicum of adequate and standard medical care vis a vis acceptable medical practice in this nation; and
Whereas, The current state of affairs relative to the delivery of acceptable medical care to public employees at continuously sky-rocketing monetary costs beckons this legislative body to explore the prospect of implementing bold and innovative approaches in addressing the problem; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the prospect of reducing medical care costs for state employees by providing incentives to covered employees to obtain treatment in low cost foreign health care facilities accredited by the Joint Commission International; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Petitions

Delegate Beach presented a petition, signed by twenty-seven students of Romney Middle School, requesting that the Legislature consider naming the Timber Rattlesnake as West Virginia's State reptile; which was referred to the Committee on Agriculture and Natural Resources.
Motions

Delegate Armstead asked and obtained unanimous consent to be removed as a co-sponsor of Com. Sub. for H. B. 4210.
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. 4351, on second reading, Consent Calendar, to the Special Calendar, by Delegate Martin.
H. B. 4121, on second reading, Consent Calendar, to the Special Calendar, by Delegate Brown.
H. B. 4577, H. B. 4774 and H. B. 4783, on second reading, Consent Calendar, to the Special Calendar, by Delegate Staton.
And,
H. B. 4360, H. B. 4384, H. B. 4577 and H. B. 4606, on second reading, Consent Calendar, to the Special Calendar, by Delegate Trump.
Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
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,
And,
H. B. 4679
, Relating to qualified charitable gift annuities.
On the passage of the bills, the yeas and nays were taken (Roll No. 197), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Ellem.
Absent And Not Voting: Ferrell, Romine and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (S. B. 244, Com. Sub. for S. B. 270, H. B. 4089, Com. Sub. for H. B. 4444, H. B. 4487, H. B. 4524 and H. B. 4679) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on Consent Calendar bills and request concurrence therein.
Second Reading

Com. Sub. for H. B. 3201
, Relating to the compensation of secretary-clerks to family court judges; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3295, Increasing certain fees charged to collect delinquent taxes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4053, Providing that active military personnel stationed in this state need not obtain a hunting, fishing or trapping permit; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for 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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4108, Allowing an osteopathic physician and surgeon to supervise up to three physician assistants generally; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4135, Authorizing the Department of Environmental Protection to promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4293, Requiring purchasers of real estate subject to tax liens to pay for notices to redeem; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4321, Relating to definitions and modifications of exemptions from notification and licensure with respect to lead abatement; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4370, Authorizing certain volunteer fire departments to establish a special fund to make awards to qualified volunteers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4379, Relating to insurance coverage for mammograms, pap smears and human papillmovavirus; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4393, Adjusting foundation allowance for transportation for projected fuel costs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4398, Improving the capacity of county boards of education to provide school health services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4445, Permitting the Director of the Division of Forestry to recover costs incurred in fighting fires; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page eight, line one hundred twenty nine, by striking out the words "may promulgate rules", and inserting in lieu thereof the words "is authorized to promulgate rules in accordance with the provisions of article three, chapter twenty-nine-a of this code" and a comma.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4492, Relating to absentee voting by facsimile; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4510, Removing language requiring the commission to maintain a registry and census of persons who are deaf or hard of hearing; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4544, Allowing for more teachers to be reimbursed for approved course work; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4547, Increasing the funds available for transfer to the Prepaid Tuition Trust Escrow Fund in certain circumstances; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4556, Relating to the enforcement of accessible parking spaces for motorists with mobility impairments; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4588, Creating a crime for concealing a human body of a victim of a murder, voluntary manslaughter or involuntary manslaughter and prescribing penalties therefor; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4596, Relating to the Director of the Office of Miners' Health, Safety and Training; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4623, Relating to reports of inspections of primary and secondary schools by local boards of health; on second reading, coming up in regular order, was read a second time .
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page fourteen, line seventy -four, section §16-2-11, subdivision (11), following the words "inspects a" by striking out the words "primary or secondary".
The bill was then ordered to engrossment and third reading.

Com. Sub. for H. B. 4626, Including private schools, parochial schools, church schools, and other schools operated by a religious order in state student teaching programs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4636, Relating to the definition of gross income for purposes of determining child support; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4661, Continuing the Board of Registered Professional Nurses rule relating to dialysis technicians; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4678, Exempting land-based finfish aquaculture facilities from certain sludge management requirements; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4712, Definitions and penalties for stalking; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4848, Relating to requirements for physical education in the public schools; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4854, Expert opinions of licensed psychologists in the treatment and evaluation of children and taking testimony of child witnesses; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Special Calendar

Unfinished Business

H. C. R. 56, Requesting the Division of Highways to name the bridge at the intersection of U.S. 119 and Route 36 in Spencer, the "Veterans' Memorial Bridge"; coming up in regular order, as unfinished business, were reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 63, Requesting the Division of Highways to name the bridge located on County Road 8 near Petersburg, Grant County, the "Devin Lee Alt Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

Com. Sub. for H. B. 4015, Relating to funding of the Revenue Shortfall Reserve; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
Delegate Trump moved to amend the bill on page three, section twenty, line twenty-eight, after the sentence ending with the word "revenue", by inserting the following:
"Notwithstanding any provisions of this code to the contrary, on or before the thirtieth day of June, two thousand six, the treasurer shall transfer from the West Virginia tobacco settlement medical trust fund created in section two, article eleven-a, chapter four of this code the sum of two hundred million dollars into the revenue shortfall reserve fund."
On the adoption of the amendment, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 205), and there were--yeas 34, nays 64, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Evans, Frich, Hall, Hamilton, Hatfield, Howard, Lane, Leggett, Overington, Paxton, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Spencer, Sumner, Tansill, Trump, Wakim, Walters, Wells and White,Gil.
Absent And Not Voting: Ferrell and Schoen.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 206), and there were--yeas 73, nays 25, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Blair, Carmichael, DeLong, Duke, Frich, Hall, Hamilton, Howard, Lane, Leggett, Overington, Palumbo, Porter, Roberts, Romine, Rowan, Sobonya, Stevens, Sumner, Tansill, Trump and Walters.
Absent And Not Voting: Ferrell and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4015) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4565, Establishing section of vital statistics in Bureau for Public Health; 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. 207), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4565) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 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; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegates DeLong, Tabb, Wysong and Doyle the bill was amended on page seven, section three, line one hundred four, following the words "Hancock County" by changing the period to a colon and inserting the following:
"Provided, however, That any horse qualifying under the raiser provision prior to July 1, 2011, shall remain qualified as a raiser throughout its racing career at any pari-mutual racing facility located in Hancock County."
And,
On page eight, following line one hundred twenty, by inserting the following:
"§ 19-23-13b. West Virginia Thoroughbred Development Fund: distribution; restricted races; nonrestricted purse supplements; preference for West Virginia accredited thoroughbreds.

(a) The Racing Commission shall deposit moneys required to be withheld by an association or licensee in subsection (b), section nine of this article in a banking institution of its choice in a special account to be known as 'West Virginia Racing Commission Special Account-West Virginia Thoroughbred Development Fund'. Provided, That after the West Virginia Lottery Commission has divided moneys between the West Virginia Thoroughbred Development Fund and the West Virginia Greyhound Breeding Development Fund pursuant to the provisions of sections ten and ten-b, article twenty-two-a, chapter twenty-nine of this code, the Racing Commission shall, beginning the first day of October, two thousand five, deposit the remaining moneys required to be withheld from an association or licensee designated to the Thoroughbred Development Fund under the provisions of subsection (b), section nine of this article, subdivision (3), subsection (e), section twelve-b of this article, subsection (b), section twelve-c of this article, paragraph (B), subdivision (3), subsection (b), section thirteen-c of this article and sections ten and ten-b, article twenty-two-a, chapter twenty-nine of this code into accounts for each thoroughbred racetrack licensee with a banking institution of its choice with a separate account for each association or licensee. Each separate account shall be a special account to be known as 'West Virginia Racing Commission Special Account-West Virginia Thoroughbred Development Fund' and shall name the licensee for which the special account has been established: Provided, however, That the Racing Commission shall deposit all moneys paid into the Thoroughbred Development Fund by a thoroughbred racetrack licensee that did not participate in the Thoroughbred Development Fund for at least four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two from the eighth day of July, two thousand five until the effective date of the amendment to this section passed during the fourth extraordinary session of the seventy-seventh Legislature shall be paid into the purse fund of that thoroughbred racetrack licensee: Provided further, That the moneys paid into the Thoroughbred Development Fund by a thoroughbred racetrack licensee that did not participate in the Thoroughbred Development Fund for at least four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two, shall be transferred into that licensee's purse fund until the first day of April, two thousand six. Notice of the amount, date and place of the deposits shall be given by the Racing Commission, in writing, to the State Treasurer. The purpose of the funds is to promote better breeding of thoroughbred horses in the state through awards and purses for accredited breeders/raisers, sire owners and thoroughbred race horse owners: And provided further, That five percent of the deposits required to be withheld by an association or licensee in subsection (b), section nine of this article shall be placed in a special revenue account hereby created in the State Treasury called the 'Administration and Promotion Account'.
(b) The Racing Commission is authorized to expend the money's deposited in the administration and promotion account at times and in amounts as the Commission determines to be necessary for purposes of administering and promoting the thoroughbred development program,: Provided, That during any fiscal year in which the Commission anticipates spending any money from the account, the Commission shall submit to the executive department during the budget preparation period prior to the Legislature convening before that fiscal year for inclusion in the executive budget document and budget bill the recommended expenditures, as well as requests of appropriations for the purpose of administration and promotion of the program. The Commission shall make an annual report to the Legislature on the status of the administration and promotion account, including the previous year's expenditures and projected expenditures for the next year.
(c) The fund or funds and the account or accounts established in subsection (a) of this section shall operate on an annual basis.
(d) Funds in the Thoroughbred Development Fund or funds in the separate accounts for each association or licensee as provided in subsection (a) of this section shall be expended for awards and purses except as otherwise provided in this section. Annually, the first three eight hundred thousand dollars of each fund shall be available for distribution for a minimum of sixteen accredited stakes races at a racetrack which has participated in the West Virginia Thoroughbred Development Fund for a period of more than four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two. The accredited stakes races shall be written in accordance with the following format:
(1)Two of the stakes races shall be written for two-year olds; one race shall be run at a distance of four and one-half furlongs, the second race shall be run at a distance of seven furlongs and shall be named the West Virginia Futurity. For the purpose of participating in the West Virginia Futurity only, all mares, starting with the breeding season beginning the first day of February through the thirty-first day of July, two thousand four, and each successive breeding season thereafter shall be bred back that year to an accredited West Virginia stallion only which is registered with the West Virginia Thoroughbred Breeders Association.
(2) Two of the stakes races shall be written for two-year old fillies; one race shall be run at a distance of four and one-half furlongs, the second race shall be run at a distance of seven furlongs.
(3) Three of the stakes races shall be written for three-year olds; one race shall be run at a distance of four and one-half furlongs, the second race shall be run at a distance of seven furlongs, the third race shall be run at a distance of nine furlongs.
(4) Three of the stakes races shall be written for three-year old fillies; one race shall be run at a distance of four and one-half furlongs, the second race shall be run at a distance of seven furlongs, the third race shall be run at a distance of nine furlongs.
(5) Three of the stakes races shall be written for three-year olds and up; one race shall be run at a distance of four and one-half furlongs, the second race shall be run at a distance of seven furlongs and named the Frank Gall Memorial Stakes, the third race shall be run at a distance of nine furlongs.
(6) Three of the stakes races shall be written for three-year olds and up, fillies and mares; one race shall be run at a distance of four and one-half furlongs, the second race shall be run at a distance of seven furlongs, the third race shall be run at a distance of nine furlongs.
The remaining races may be chosen by the committee set forth in subsection (f) of this section.
One of the stakes races shall be the West Virginia Futurity and the second shall be the Frank Gall Memorial Stakes. For the purpose of participating in the West Virginia Futurity only, all mares, starting with the breeding season beginning the first day of February through the thirty-first day of July, two thousand four, and each successive breeding season thereafter shall be bred back tat year to an accredited West Virginia stallion only which is registered with the West Virginia Thoroughbred Breeders Association. The remaining races may be chosen by the committee set forth in subsection (f) of this section.
(e) Awards and purses shall be distributed as follows:
(1) The breeders/raisers of accredited thoroughbred horses that earn a purse at a participating West Virginia meet shall receive a bonus award calculated at the end of the year as a percentage of the fund dedicated to the breeders/raisers, which shall be sixty percent of the fund available for distribution in any one year. The total amount available for the breeders'/raisers' awards shall be distributed according to the ratio of purses earned by an accredited race horse to the total amount earned in the participating races by all accredited race horses for that year as a percentage of the fund dedicated to the breeders/raisers. However, no breeder/raiser may receive from the fund dedicated to breeders'/raisers' awards an amount in excess of the earnings of the accredited horse at West Virginia meets. In addition, should a horse's breeder and raiser qualify for the same award on the same horse, they will each be awarded one half of the proceeds. The bonus referred to in this subdivision may only be paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred thousand dollars. Provided, however, that no raiser award shall be paid to any raiser from moneys paid into the Thoroughbred Development Fund by a racetrack licensee that participated in the Thoroughbred Development Fund for at least four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two.
(2) The owner of a West Virginia sire of an accredited thoroughbred horse that earns a purse in any race at a participating West Virginia meet shall receive a bonus award calculated at the end of the year as a percentage of the fund dedicated to sire owners, which shall be fifteen percent of the fund available for distribution in any one year. The total amount available for the sire owners' awards shall be distributed according to the ratio of purses earned by the progeny of accredited West Virginia stallions in the participating races for a particular stallion to the total purses earned by the progeny of all accredited West Virginia stallions in the participating races. However, no sire owner may receive from the fund dedicated to sire owners an amount in excess of thirty-five percent of the accredited earnings for each sire. The bonus referred to in this subdivision shall only be paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred thousand dollars.
(3) The owner of an accredited thoroughbred horse that earns a purse in any participating race at a West Virginia meet shall receive a restricted purse supplement award calculated at the end of the year, which shall be twenty-five percent of the fund available for distribution in any one year, based on the ratio of the earnings in the races of a particular race horse to the total amount earned by all accredited race horses in the participating races during that year as a percentage of the fund dedicated to purse supplements. However, the owners may not receive from the fund dedicated to purse supplements an amount in excess of thirty-five percent of the total accredited earnings for each accredited race horse. The bonus referred to in this subdivision shall only be paid on the first one hundred thousand dollars of any purse and not on any amounts in excess of the first one hundred thousand dollars. Provided, however, that no awards shall be paid to any owner of a raiser from moneys paid into the Thoroughbred Development Fund by a racetrack licensee that participated in the Thoroughbred Development Fund for at least four consecutive calendar years prior to the thirty- first day of December, one thousand nine hundred ninety-two.
(4) In no event may purses earned at a meet held at a track which did not make a contribution to the Thoroughbred Development Fund out of the daily pool on the day the meet was held qualify or count toward eligibility for an award under this subsection.
(5) Any balance in the breeders/raisers, sire owners and purse supplement funds after yearly distributions shall first be used to fund the races established in subsection (f) of this section. Any amount not so used shall revert into the general account of the Thoroughbred Development Fund for each racing association or licensee for distribution in the next year.
Distribution shall be made on the fifteenth day of each February for the preceding year's achievements.
(f)(1) Each pari-mutuel thoroughbred horse track shall provide at least one restricted race per racing day: Provided, That sufficient horses and funds are available. For purposes of this subsection, there are sufficient horses if there are at least seven single betting interests received for the race. Provided further, that any thoroughbred horse racetrack whose licensee participated in the Thoroughbred Development Fund for at least four consecutive calendar years prior to the thirty-first day of December one thousand nine hundred ninety-two, shall provide a minimum of two restricted races per racing day. The restricted races required by this section must be included in the first nine races written in the condition book for that racing day.
(2) The restricted races established in this subsection shall be administered by a three-member committee at each track consisting of:
(A) The racing secretary;
(B) A member appointed by the authorized representative of a majority of the owners and trainers at the thoroughbred track; and
(C) A member appointed by the West Virginia Thoroughbred Breeders Association.
(3) The purses for the restricted races established in this subsection shall be twenty percent larger than the purses for similar type races at each track or equal to or of greater value than a comparable race: Provided, That sufficient funds are available: Provided however, That the twenty percent requirement is applicable only to a thoroughbred racetrack which has participated in the West Virginia Thoroughbred Development Fund for a period of more than four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two.
(4) (3) Restricted races shall be funded by each racing association from:
(A) Moneys placed in the general purse fund. up to a maximum of three hundred fifty thousand dollars per year; Provided, That a thoroughbred horse racetrack which as that did not participated in the West Virginia Thoroughbred Development Fund for a period of more than four consecutive years prior to the thirty-first day of December, one thousand nine hundred ninety-two, may fund restricted races in an amount not to exceed one million five three hundred fifty thousand dollars per year. from the general purse fund.
(B) Moneys as provided in subdivision (5), subsection (e) of this section, which shall be placed in a special fund called the 'West Virginia Accredited Race Fund'.
(4)The racing schedules, purse amounts and types of races are subject to the approval of the West Virginia Racing Commission.
(5) If less than seventy-five percent of the restricted races required by this subsection fail to receive enough entries to race, the Racing Commission shall, on a quarterly basis, dedicate funds in each fund back to the general purse fund of the racing association or licensee: Provided, That no moneys may be dedicated back to a general purse fund if the dedication would leave less than two hundred fifty thousand dollars in the fund.
(g) As used in this section, 'West Virginia bred-foal' means a horse that was born in the State of West Virginia.
(h) To qualify for the West Virginia Accredited Race Fund, the breeder must qualify under one of the following:
(1) The breeder of the West Virginia bred-foal is a West Virginia resident;
(2) The breeder of the West Virginia bred-foal is not a West Virginia resident, but keeps his or her breeding stock in West Virginia year round; or
(3) The breeder of the West Virginia bred-foal is not a West Virginia resident and does not qualify under subdivision (2) of this subsection, but either the sire of the West Virginia bred-foal is a West Virginia stallion, or the mare is covered by a West Virginia stallion following the birth of that West Virginia bred-foal.
(i) From the first day of July, two thousand one, West Virginia accredited thoroughbred horses have preference for entry in all accredited races at a thoroughbred race track at which the licensee participates in the West Virginia Thoroughbred Development Fund.
(j) Beginning the first day of July, two thousand six, any racing association licensed by the Racing Commission to conduct thoroughbred racing and permitting and conducting pari-mutuel wagering under the provisions of this article must have a West Virginia Thoroughbred Racing Breeders Program.
(k) The Commission shall, during calendar year two thousand nine, conduct a study of the adequacy of funding provided for the Thoroughbred Development Fund at any thoroughbred racetrack which has not participated in the West Virginia Thoroughbred Development Fund for a period of more than four consecutive calendar years prior to the thirty-first day of December, one thousand nine hundred ninety-two, and shall report its findings and recommendations to the Joint Committee on Government and Finance on or before the first day of December, two thousand nine."
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 208), and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Lane, Overington, Sobonya, Stevens and Sumner.
Absent And Not Voting: Ferrell and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4635) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4694, Relating to abuse and neglect of children; 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. 209), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Schoen and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4694) passed.
On motion of Delegate Amores, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 4694 - "A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-2, §49-6-3, §49-6-5 and §49-6-5b of said code, all relating to abuse and neglect of children; consideration of factors associated with a battered parent in abuse and neglect cases; providing treatment and assistance for battered parent; consideration of acts or attempted acts of murder, voluntary manslaughter or unlawful or malicious wounding with serious injury by one parent against other parent in abuse and neglect cases; considering aggravating circumstances of abuse, neglect or violent acts of parent in temporary and permanent custody determinations when such acts are committed against the other parent; considering aggravating circumstances of abuse, neglect or violent acts of parent in temporary and permanent custody determinations when such acts are committed or against other children in the household or other children under the parent's care or custody; relating to the department's obligation to attempt to preserve the family when such aggravating circumstances exist; and definitions."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4698, Changing the filing time for a subcontractor's lien; 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. 210), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Lane, Trump and Walters.
Absent And Not Voting: Ferrell, Schoen and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4698) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2146, Relating to payment to magistrates who serve temporarily outside their elected counties; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2306, Requiring that annual reports be recorded on CD-Rom for distribution; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Beane, Ennis, Trump and Blair the bill was amended on page two, section twenty-three, line thirteen, by inserting the following after the period, "The office, agency, commission or board shall publish its annual report on its web site, if it has web site."
And,
On page four, section seventeen, line five, by inserting the following after the period, "The licensing board shall publish its annual report on its web site, if it has web site."
The bill was then ordered to engrossment and third reading.
H. B. 2974, Eliminating a gap in employment for certain Alcohol Beverage Control Commission employees subject to a reduction in force and who are reemployed; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3186, Establishing an Industrial Advisory Board to oversee the application process for pest control certification exams; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4023, Raising the minimum wage in accordance with legislation now pending before Congress; on second reading, coming up in regular order, was, at the request of Delegate Staton, and by unanimous consent, placed at the foot of the Second Reading Calendar.
Com. Sub. for 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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4031, Relating to the Purchasing Division of the Department of Administration; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4119, Creating the ATV Responsibility Act; on second reading, coming up in regular order, was read a second time.
On motion of Delegates and Ennis, the bill was amended on page three, section two, line five, by striking out the word "three" and inserting in lieu thereof the word "four".
The bill was then ordered to engrossment and third reading.
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 4121, Enhancing the penalty for indecent exposure where the victim is a child under the age of fourteen,
Com. Sub. for 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,
Com. Sub. for H. B. 4172, Authorizing the Department of Administration to promulgate legislative rules,
Com. Sub. for H. B. 4192, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,
Com. Sub. for H. B. 4210, Authorizing the Department of Commerce to promulgate legislative rules,
H. B. 4245, Requiring employers to provide health insurance to employees working on public improvement projects,
H. B. 4247, Relating to the time period for which state banks must retain records,
H. B. 4249, Authorizing state banking institutions to issue more than one class of stock, Com. Sub. for H. B. 4276, Updating the regulation of the practice of landscape architecture,
H. B. 4279, Relating to the Massage Therapy Licensure Board,
Com. Sub. for 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;
H. B. 4360
, Authorizing law-enforcement officials to deputize law-enforcement personnel employed by out-of-state jurisdictions,
Com. Sub. for H. B. 4384, Requiring county clerks to notify property owners of the existence of a lien filed against their property,
Com. Sub. for H. B. 4415, Relating to the distribution and sale of craft beer,
Com. Sub. for H. B. 4473, Establishing the "Money Follows the Person Act",
Com. Sub. for H. B. 4490, Relating generally to the regulation of selling new or used vehicles,
H. B. 4494, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state,
Com. Sub. for H. B. 4496, Relating to qualifications of the Commissioner of Agriculture,
Com. Sub. for H. B. 4498, Relating to fees for licensing of money service businesses,
And,
Com. Sub. for 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.
Com. Sub. for H. B. 4562, Prescribing certain requirement for a license to practice embalming and funeral directing; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Beane, Ennis, Varner, Pethtel and Walters, the bill was amended on page eleven, line eleven, at the end of subsection (b), by striking out the period and inserting in lieu thereof a comma and the words "except under the direct supervision of a licensed embalmer."
On page twelve, line seventeen, subdivision (4), after the word "conducted" by inserting the words "or directly supervised".
The bill was then ordered to engrossment and third reading.
H. B. 4577, Allowing facsimile signatures while eliminating the requirement for notarization of notices of tax liens and releases of tax liens when facsimile signatures are used; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4580, Creating the "special district excise tax administration fund" in the State Treasury; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4582, Relating to leasing of property held by the Division of Highways; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for 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; 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 Michael.
H. B. 4606, Removing the requirement that complaints against licensees under the Real Estate Licensing Act be verified; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4630, Creating a Voluntary Compliance Program based on listed transactions considered abusive by the Internal Revenue Service; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4648, Granting the board of medicine flexibility under special circumstances to issue a license to applicants who otherwise do not meet the requirement of the article; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4651, Relating to continuing the statewide poison center generally; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4654, Relating to the West Virginia Retiree Health Benefit Trust Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4690, Making West Virginia University Institute of Technology a division of West Virginia University; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 4690) was advanced to third reading, and the rule was suspended to permit the offering and consideration of an amendment by Delegate Louisos.
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. 4695, Relating to residential rental security deposits,
H. B. 4721, Relating to the authorization of special messengers appointed by the County Clerk to deliver the ballot box to the central county center,
Com. Sub. for H. B. 4724, Amending certain provisions involving the West Virginia Board of Dental Examiners,
H. B. 4728, Increasing the membership of the Environmental Protection Advisory Council from seven to eight members,
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,
H. B. 4774, Allowing the Secretary of State's Office to amend it rule to allow for the sale of the code of state rules,
H. B. 4783, Allowing municipal courts the option to participate in county teen court program, with the approval of the municipality,
Com. Sub. for H. B. 4790, Prescribing and modifying the duties of the Secretary of the Department of Health and Human Resources in child welfare placement,
H. B. 4792, Authorizing the purchasing of certain services from a bank or trust company or an affiliate of a bank or trust company,
H. B. 4846, Providing one-time supplements to certain annuitants,
H. B. 4847, Relating to group limited health benefits insurance plans,
H. B. 4849, Relating to the West Virginia Sunset Law,
And,
H. B. 4850, Expediting the sunrise application process.
H. B. 4121, Regulating sexually oriented businesses to promote the morals and general; welfare of the citizens of the state; having been postponed in earlier proceedings, was read a second time.
At the request of Delegate Staton, and by unanimous consent, the bill (H. B. 4121) was advanced to third reading, and the rule was suspended to permit the offering and consideration of an amendment by Delegate Brown.
Com. Sub. for H. B. 4023, Raising the minimum wage in accordance with legislation now pending before Congress; having been postponed in earlier proceedings, was read a second time.
At the request of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for H. B. 4023) was advanced to third reading with an amendment previously filed by Delegate Wakim pending.
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. 4486, Relating to minimum base pay for members of the National Guard and providing tuition payment for the cost of post-graduate courses,
And,
Com. Sub. for 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.
At 1:02 p.m., on motion of Delegate Staton, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
Miscellaneous Business

Delegate Michael announced that he was absent when the votes were taken on Roll Nos. 177, and 186 through 194, and that had he been present, he would have voted "Yea" thereon.
Committee Reports

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4785, Allowing school service personnel the opportunity to vote on giving transfer preference to employees from a merged school,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4785) was taken up for immediate consideration, read a second time, ordered to engrossment and third reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Michael, from the Committee on Finance submitted the following report, which was received:
Your Committee on has had under consideration:
H. B. 4598, Eliminating the requirement for combined oil and gas returns for purposes of property taxes, and to further define the information that may be released,
And,
H. B. 4752, Allowing the purchase of service credit in the State Teachers Retirement System for temporary employment under the Comprehensive Employment and Training Act (CETA),
And reports the same back, by unanimous vote of the committee, with amendment, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4598 and H. B. 4752) were taken up for immediate consideration, read a second time and then advanced to third reading with amendments pending.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance 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,
H. B. 4844, Service credit for certain temporary legislative employees,
And,
H. B. 4685, Arthritis Prevention Education Act,
And reports the same back, with amendment, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 2016, H. B. 4844 and H. B. 4685) were taken up for immediate consideration, read a second time and then advanced to third reading with amendments pending.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4518, Relating to substitute service personnel seniority,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4518 - "A Bill to amend and reenact §18A-4-8g and §18A-4-15 of the Code of West Virginia, 1931, as amended, relating to substitute service personnel filling certain positions; accumulation of substitute employee seniority,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for H. B. 4518) to the Committee on Finance was abrogated, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 4739, Permitting county sheriffs who issue licenses to carry concealed weapons to deny such licenses to applicants who have been convicted of a misdemeanor sexual offense,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4739) was taken up for immediate consideration, read a second time, ordered to engrossment and third reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 4753, Relating to regulation and procedures for the cleanup of clandestine drug laboratories,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4753) was taken up for immediate consideration, read a second time and then ordered to engrossment and third reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4793, Authorizing the Tourism Commission the use of the tourism promotion fund to support the 2006 Washington D.C. advertising campaign,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4793) was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance submitted the following report, which was received:
Your Committee on has had under consideration:
H. B. 4791, Giving counties plenary power to impose, administer, collect and enforce payment of voter approved service fees,
And,
H. B. 4611, Specifying the method for determining the tax credit; specifying when a credit may be taken; and civil liability immunity for aiding an accident victim,
And reports the same back, by unanimous vote of the committee, with amendment, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4791 and H. B. 4611) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
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, Crosier, Eldridge, Fragale, Louisos, Paxton, Perry, Poling, Spencer, Stephens, Wysong, Canterbury, Lane and Stevens:

H. C. R. 78 - "Requesting the West Virginia Board of Education to establish a pilot program of structured in-school alternatives to enforce the Student Code of Conduct".
Whereas, information presented by the Department of Education to the interim Subcommittee on Alternative Education of Education Subcommittee B disclosed that during the 2004-05 school year 36,923 students, or about 13% of the students enrolled, were excluded from the classroom at least once for infractions of the Student Code of Conduct and that 25,474 of these students, or about 9% of the students enrolled, were given at least one out-of-school suspension and may have also been otherwise excluded from the classroom for other infractions of the Student Code of Conduct; and
Whereas, the Legislature finds that the Student Code of Conduct is an essential tool for protecting a safe and productive learning environment for all students, the Legislature also finds that an over-reliance on out-of-school suspensions and non-structured exclusions from the classroom to enforce the Student Code of Conduct often contributes to a downward spiral of missed instruction, growing misbehavior and failure for a large number of those students who run afoul of the rules; and
Whereas, the Legislature finds that the enforcement of discipline in the public schools is largely a local prerogative, that the county school systems should have flexibility to implement programs that meet the needs of their student population, and that, as a consequence, there is a wide variety among the counties in the structure and scope of programs for students excluded from the classroom, the Legislature also finds that the structure and scope of these programs is often tempered by the availability of the necessary resources, support systems, guidelines and program models to implement effective programs that keep students in school and engaged in the learning process; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Board of Education is hereby requested to establish a pilot program of structured in-school alternatives to enforce the Student Code of Conduct that includes, but is not limited to, the following elements:
(1) The selection of four secondary schools from different counties served by different Regional Education Service Agencies, the selection of which shall be based upon indicators of the need for improvement as demonstrated by large numbers of out-of-school suspensions and other non-structured exclusions from the regular classroom and low performance on other measures of student and school performance and progress. The final selections shall be made after consultation with the Legislative Oversight Commission on Education Accountability;
(2) The design of in-school, structured alternatives for enforcement of the Student Code of Conduct at the schools selected which shall include both an instructional component and a discipline improvement component through which the student may gain readmittance to the regular classroom. The Board shall consult with the Legislative Oversight Commission on Education Accountability before implementation of the programs and may propose variations in program design for the different schools to appropriately meet their specific needs; and
(3) A method for monitoring the progress, evaluating the success and reporting the results of the pilot program to the Legislative Oversight Commission on Education Accountability.
The resolution was then referred to the Committee on Rules.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4767, Requiring the Attorney General to comply with certain requirements when entering into contracts for legal services,
And,
H. B. 2853, Relating to the West Virginia Courtesy Patrol Program,
And reports the same back, with amendment, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 4767 and H. B. 2853) were taken up for immediate consideration, read a second time and then advanced to third reading with the amendments pending.
Chairman Michael, from the Committee on Finance submitted the following report, which was received:
Your Committee on has had under consideration:
H. B. 2153, Providing certain correctional officers be transferred into the civil service system as covered employees,
H. B. 4474, Increasing the earned income exclusion from ten thousand dollars to twenty-two thousand dollars,
And,
H. B. 3309, Exempting Mental-Health Retardation Centers from payment of the privilege tax and providing that Mental-Health Retardation Centers are covered by the Board of Risk and Insurance Management without the requirement to pay a premium,
And reports the same back, by unanimous vote of the committee, with amendment, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 2153, H. B. 4474 and H. B. 3309) were taken up for immediate consideration, read a second time and then advanced to third reading with amendments pending.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 4616, Encouraging consistent statutory construction of state and federal consumer protection laws,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 4616) was taken up for immediate consideration, read a second time and then ordered to engrossment and third reading with the amendment pending.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
H. C. R. 17, Requesting the Governor of the State of West Virginia and the West Virginia Development Office to put the highest priority on putting forward locations in the southern coalfield counties for the proposed coal conversion facilities.
The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
Senators McCabe, Prezioso and Caruth.
On motion of Delegate Staton, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Staton, Browning and Hall.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 10 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-15a; and to amend said code by adding thereto a new section, designated §11-24-11b, all relating to personal income and corporation net income tax credits; allowing a credit against a taxpayer's tax liability for contributions to community foundations; and providing limitations on credits"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate , to take effect August 1, 2006, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 11 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to adding one circuit court judge to the twenty-third judicial circuit effective the first day of August, two thousand six"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 114 - "A Bill to amend and reenact §49-5-13d of the Code of West Virginia, 1931, as amended, relating to teen court programs; and allowing county commissions and city councils to assess fees of up to five dollars on persons convicted of felonies, misdemeanors or municipal ordinances to fund teen courts."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 114 ) to a committee was dispensed with.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 251 - "A Bill to create the Beckley-Raleigh County Building Code Authority to adopt and enforce the state building code for the city of Beckley and Raleigh Count"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 361 - "A Bill to amend and reenact §12-6-9c and §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-6-18, all relating to investment powers of the Investment Management Board; removing certain requirements regarding investments in the securities of any interest in any investment company or investment trust under the Investment Act of 1940; increasing the percentage of investments that may be made in equities in some cases; defining international securities; eliminating certain restrictions on the purchase of securities in corporate debt; eliminating the requirement that a list of approved securities be maintained by the board; authorizing investments that are commonly invested in by pension funds similar to the funds managed by the board, subject to certain restrictions and limitations; authorizing the board to enter into market transactions commonly engaged in by pension funds similar to the funds managed by the board, subject to certain restrictions and limitations; and specifying that the investment powers of the board are to be broadly and liberally construed to permit the board to achieve its corporate purposes, consistent at all times with the prudent investor standard"; which was referred to the Committee on
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 463 - "A Bill to amend and reenact §30-3-10 of the Code of West Virginia, 1931, as amended, relating to the modification of qualifications to obtain a license to practice medicine and surgery in the state."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 463) to a committee was dispensed with.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 490 - "A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended, relating to motor fuel excise tax; and exempting county aging programs from tax"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 496 - "A Bill to amend and reenact §20-2-12 of the Code of West Virginia, 1931, as amended, relating to transportation of wildlife outside of the state; penalties; and allowing residents and nonresidents to take legally killed, taken or captured game out of the state"; which was referred to the Committee on Agriculture and Natural Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 575 - "A Bill to amend and reenact §21-11-14 of the Code of West Virginia, 1931, as amended, relating to granting the West Virginia Contractor Licensing Board the authority to restrict a licensee's ability to work until the licensee satisfies an adverse judgment in favor of a consumer entered by a magistrate or circuit court"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 576 - "A Bill to amend and reenact §48-1-302 of the Code of West Virginia, 1931, as amended; and to amend and reenact §56-6-31 of said code, all relating to the rate of interest allowed for prejudgment and post-judgment interest"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 581 - "A Bill to amend and reenact §11-14C-2 of the Code of West Virginia, 1931, as amended, relating to the motor fuel excise tax; and amending the definition of person to include responsible persons"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 582 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-54, relating to personal income tax; and requiring certain tax preparers to file certain personal income tax returns of their clients electronically"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 591 - "A Bill to amend and reenact §11-10-11 of the Code of West Virginia, 1931, as amended, relating to authorizing the Tax Division to collect the cost of federal refund offset fees from the tax debtor; creating fund; and authorizing expenditure of proceeds in the fund by the Tax Division in the administration of its office"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 598 - "A Bill to repeal §18-7A-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7A-23 and §18-7A-25 of said code, all relating to the State Teachers Retirement System; deleting provisions which allowed for the distribution, without a contributor's consent, of accumulated contributions to the State Teachers Retirement System to a contributor with fewer than five years of service, who quits service or ceases to be a member; and correcting code references"; which was referred to the Committee on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 609 - "A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and subjecting the refundable senior citizens' tax credit to a three-year statute of limitations for filing a claim for refund"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 626 - "A Bill to amend and reenact §11-21-74 of the Code of West Virginia, 1931, as amended, relating to personal income tax; requiring employers to submit copy of employee's withholding statement with an annual reconciliation of income tax withheld; and requiring employer with two hundred fifty or more employees to submit withholding statements electronically"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 627
- "A Bill to amend and reenact §38-10C-2 of the Code of West Virginia, 1931, as amended, relating to tax liens; allowing facsimile signatures while eliminating the requirement for notarization of notices of tax liens and releases of tax liens when facsimile signatures are used; and making technical changes to the requirements of recordation and release of tax liens."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 627) to a committee was dispensed with.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 689 - "A Bill to amend and reenact §46A-6H-3 of the Code of West Virginia, 1931, as amended, relating to requiring court approval for certain structured settlement transfers; and enhancing protections for consumers"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 693 - "A Bill to repeal §14-2-18, §14-2-19 and §14-2-20 of the Code of West Virginia, 1931, as amended; and to amend and reenact §14-2-12, §14-2-13, §14-2-23 and §14-2-25 of said code, all relating to the Court of Claims; and removing procedures for review of certain claims that do not require approval by the Legislature before the claim is paid"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 722 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-1-4a, relating to providing a statute of limitations for sales by a trustee"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 775 - "A Bill to repeal §7-7-3, §7-7-6b and §7-7-6c of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-7-1, §7-7-2, §7-7-4 and §7-7-6a of said code, all relating to the salaries of elected county officials; providing that the county commission establish the annual salaries of the county commissioners, sheriff, circuit clerk, county clerk, assessor and prosecuting attorney; and providing additional compensation for assessor for completing additional statutory duties"; which was referred to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 776 - "A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2B-6 and §5B-2B-9 of said code; to amend and reenact §5F-2-1 of said code; and to amend and reenact §21A-1-4 of said code, all relating to the Bureau of Employment Programs; changing the agency name from the Bureau of Employment Programs to Workforce West Virginia; revising the divisional structure within the agency; and providing that Workforce West Virginia shall provide administrative and other services to the West Virginia Workforce Investment Council"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 777 - "A Bill to amend and reenact §22-21-3 of the Code of West Virginia, 1931, as amended, relating to replacement of underground water supplies and drinking water damaged by coalbed methane exploration or production; and requiring legislative rules"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 778 - "A Bill to repeal §19-21A-4a, §19-21A-13a, §19-21A-13b and §19-21A-13c of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-21A-2, §19-21A-3, §19-21A-4, §19-21A-5 §19-21A-6, §19-21A-7, §19-21A-8, §19-21A-9, §19-21A-10, §19-21A-11, §19-21A-12, §19-21A-13 and §19-21A-14, all relating to the State Conservation Committee and conservation districts generally; allowing ex officio members of state committee to designate representative; allowing certain persons to enter private property and waters of the state to remove flood debris; providing for continuation of conservation districts; providing for election of supervisors; providing method for filling supervisor vacancies; requiring conservation districts follow county lines; providing for per diem for supervisors; clarifying status of dam monitors; providing for discontinuance of districts; providing for reformation of districts; providing for distribution of assets and liabilities upon discontinuance of districts; removing antiquated provisions; and making technical and conforming amendments throughout"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 786 - "
A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to calculation of West Virginia adjusted gross income for personal income tax purposes; and subtracting certain severance wages from federal adjusted gross income"; which was referred to the Committee on Finance.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell and Schoen.
At 5:40 p.m., the House of Delegates adjourned until 11:00 a.m., March 1, 2006.