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Friday, February 11, 2005



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 10, 2005, 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 had under consideration:
H. B. 2102, Making tongue splitting a crime unless performed by a licensed physician,
And,
H. B. 2129, Creating misdemeanor offense of motion picture piracy,
And reports the same back, by unanimous vote of the Committee, 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. 2128, Authorizing the Executive Director of the Regional Jail and Correctional Facility Authority to establish an inmate furlough program,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2128 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-29, relating to authorizing the Executive Director of the Regional Jail and Correctional Facility Authority to establish an inmate furlough program and providing civil immunity,"
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:
H. B. 2015, Providing employer immunity from civil liability for job related information disclosed regarding former employees,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2015 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto new section, designated §55-7-18a, relating to the creation of a presumption of good faith and grant of immunity for employers who disclosure job-related information about current and former employees to prospective employers,"
With the recommendation that the committee substitute do pass.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the annual report for the fiscal year 2004 of the West Virginia Division of Personnel, in accordance with section seven-b, subsection eleven, article six, chapter twenty-nine of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the eighty-third annual report of the West Virginia Municipal Bond Commission for the period ending June 20, 2004, in accordance with section fifteen, article three, chapter thirteen of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report for the fiscal years July 1, 2002 through June 30,2004 for the West Virginia Board of Examiners for Licensed Practical Nurses, in accordance with section seven, article twenty-four, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report for the fiscal years 2003 and 2004 of the West Virginia Radiologic Technology Board of Examiners in accordance with section twelve, article one, chapter thirteen of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the biennium for July 1, 2002 to July 30, 2004 for the West Virginia Board of Examiners in Counseling, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Resolutions Introduced

On motions for leave, the following Joint Resolutions were introduced, read by their titles and referred as follows:
By Delegates Doyle and Michael:
H. J. R. 3 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section fourteen, article VII thereof, relating to creating a veto session of Legislature to consider bills vetoed by the Governor; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the committee on Constitutional Revision then the Judiciary.
By Delegate Louisos:
H. J. R. 4 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section thirteen, article three thereof, relating to providing that the right to a jury trial in suits at common law as well as any state-sanctioned administrative proceeding is preserved if the amount in controversy exceeds one thousand dollars; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the committee on Constitutional Revision then the Judiciary.
By Delegates Overington, Armstead, Frich, Rowan, Duke, Blair and Sumner:
H. J. R. 5 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one, article VI thereof; amending section two, article XIV thereof; and further amending said Constitution by adding a new article, designated article XV, all relating to the legislative powers held by the people of the State and the Legislature; the power of the registered voters and the power of the Legislature to propose amendments to this Constitution; and the reservation by and to the people and registered voters of this State the powers of initiative, referendum, and recall at all levels of government in this State; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the committee on Constitutional Revision then the Judiciary.
Petitions

Delegates Staton, Browning, Moore and H. White presented a petition signed by 442 residents of Raysal, McDowell County, requesting that the Division of Highways build a new bridge on Atwell Branch Road; which was referred to the Committee on the Roads and Transportation.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Susman:
H. B. 2196 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-2-7, relating to requiring commercial trucks to have the corporate name prominently displayed on the truck; and providing a penalty for violations"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Walters:
H. B. 2197 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12g, relating to exempting students attending state colleges or universities in undergraduate programs and graduates of undergraduate programs of state institutions of higher learning for the first two tax years postgraduation from the payment of state income tax; providing that students attending state institutions and enrolled in undergraduate programs and undergraduate graduates of state institutions for the first two years after graduating shall pay seventy-five percent of any state income tax that they otherwise would owe to the particular institution or other corporate creditor from which the student or graduate obtained student loans to attend the state institution of higher learning"; to the Committee on Education then Finance.
By Delegates Frederick, Long and Kominar:
H. B. 2198 - "A Bill to amend and reenact §11-13A-3 of the code of West Virginia, 1931, as amended, relating to providing the reduction in the tax rate provided in this section applies to mines operating before the effective date of the applicable provision"; to the Committee on Finance.
By Delegate Walters:
H. B. 2199 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the Department of Health and Human Resources from being involved in aiding or assisting any person to obtain an abortion to a greater extent than is required by law and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Walters:
H. B. 2200
- "A Bill to amend and reenact §16-2B-2 of the code of West Virginia, 1931, as amended, relating to prohibiting family planning centers in West Virginia that receive state funding from discussing abortion or abortion referrals"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Hrutkay:
H. B. 2201 -
"A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-15g, relating to requiring county boards of education to establish the daily observance of a minute of silence in all county schools"; to the Committee on Education then the Judiciary.
By Delegate Ron Thompson:
H. B. 2202 - "A Bill to amend and reenact §11-21-4e of the code of West Virginia, 1931, as amended, relating to providing a reduction of the state personal income tax of members of volunteer fire departments who meet certain qualified service requirements"; to the Committee on Finance.
By Delegates Brown and Hatfield:
H. B. 2203
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, §16-2J-2 and §16-2J-3, all relating to emergency contraception"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates H. White, Frich and Hrutkay:
H. B. 2204 - "A Bill to amend and reenact §33-6-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-16B-1, §33-16B-2 and §33-16B-3 of said code, all relating to rate and form filing for group accident and sickness policies"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Evans and Louisos:
H. B. 2205 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to excluding interest income on obligations of the United States and its possessions, to the extent such interest is inclusive in gross income for federal income tax purposes, when applying the eight thousand dollar income exclusion available to persons age sixty-five or older and to persons who are permanently and totally disabled; and making the change retroactive to tax years beginning after the thirty-first day of December, one thousand nine hundred ninety- eight"; to the Committee on Finance.
By Delegates Ron Thompson, Perry and Hrutkay:
H. B. 2206 - "A Bill to amend and reenact §46A-4-101 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-4-102a, all relating to the authority of regulated consumer lenders to make loans; and requiring continuing education of individual regulated consumer lender loan originators"; to the Committee on the Judiciary.
By Delegates Caputo, Tucker, Butcher and Stemple:
H. B. 2207
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-12; and to amend said code by adding thereto a new section, designated §46A-6F-401a, all relating to requiring certain vendors to use only persons authorized to work in the United States; establishing a customer's right to customer sales or customer service call center information; and providing penalties"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Perry and Stalnaker:
H. B. 2208 - "A Bill to amend and reenact §5-16-15 of the Code of West Virginia, 1931, as amended, relating to making available to retired participants in the public employees insurance system the optional dental, vision, and audiology and hearing-aid services insurance plans that are available to current public employee participants"; to the Committee on Finance.
By Delegates Ennis, Swartzmiller, Perry, Boggs, Amores and Yost:
H. B. 2209 - "A Bill to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended, relating to the creation of an affirmative defense for certain civil and criminal actions arising from the sale of alcoholic liquors, wine and nonintoxicating beer by licensed private clubs to persons less than the age of twenty-one whose age is verified by use of scanner technology"; to the Committee on the Judiciary"; to the Committee on the Judiciary.
By Delegate Ron Thompson:
H. B. 2210 -
"A Bill to amend and reenact §11-14C-9 of the code of West Virginia, 1931, as amended, relating to exempting propane gas, used by any church, religious sect, society or denomination as consumption use, from the excise tax on gasoline or special fuel"; to the Committee on Finance.
By Delegate Ron Thompson:
H. B. 2211 -
"A Bill to amend and reenact §29-3A-1 of the code of West Virginia, 1931, as amended, relating to authority of local fire departments; granting wider authority to request materials and equipment to prevent further danger when dealing with an accident; authorizing billing for response call where no fire fee or levy has been paid"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Ron Thompson:
H. B. 2212 - "A Bill to amend and reenact §61-3A-3 of the code of West Virginia, 1931, as amended, relating to providing for the felony offense of 'criminal episode' under the shoplifting statute when a person shoplifts from three separate and distinct mercantile establishments within a period of no more than ten days; and providing penalties for violations"; to the Committee on the Judiciary.
By Delegate Doyle:
H. B. 2213 - "A Bill to amend and reenact §8A-7-10 of the code of West Virginia, 1931, as amended, relating to planning and zoning; removing exemption from certain provisions for mining and manufacturing activities and uses"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Perdue:
By H. B. 2214 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-15g, relating to requiring the county school boards to train all school personnel in cardiopulmonary resuscitation and blood precaution"; to the Committee on Education then Finance.
By Delegate Spencer:
H. B. 2215 - "A Bill to amend and reenact §16-9A-4 of the code of West Virginia, 1931, as amended, relating to banning the possession of tobacco products by minors on public school property; restricting the use of tobacco products by all persons on public school property; and requiring school principals to report violations to law-enforcement authorities"; to the Committee on Education then Finance.
By Delegate Susman:
H. B. 2216 - "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 certain physicians from obtaining preauthorization before dispensing psychotrophic medications to mentally ill medicaid recipient patients in order to avoid catastrophic results from inadequate and untimely treatment"; and providing findings by the Legislature, Health and Human Resources then the Judiciary.
By Delegate Louisos:
H. B. 2217 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to providing that a woman who obtains an abortion has a cause of action against any physician who, in performing an abortion, causes injury to the woman or to her unborn child; providing that damages may not be limited in spite of the execution of a consent form; and, providing that the cause of action is not subject to a statute of limitations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Louisos:
H. B. 2218 - "A Bill to amend and reenact §24D-1-13 of the code of West Virginia, 1931, as amended, relating to rates charged by cable television systems; appointment by Governor of three person rate review board within the Public Service Commission"; to the Committee on the Judiciary then Finance.
By Delegate Howard:
H. B. 2219 - "A Bill to amend and reenact §17C-15-34 of the code of West Virginia, 1931, as amended, relating to requiring all motor vehicle mufflers, including replacement mufflers, to conform to the original manufacturers specifications for the muffler"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Doyle:
H. B. 2220 - "A Bill to amend and reenact §19-2-7 of the code of West Virginia, 1931, as amended, relating to agriculture; marketing agricultural products; prohibiting the sale of damaged containers or canned goods 'as is' or for less than one half of the usual retail price; and imposing a fine for knowingly displaying damaged goods with undamaged goods"; to the Committee on the Judiciary.
By Delegate H. White:
H. B. 2221 - "A Bill to amend and reenact §33-11-6 of the code of West Virginia, 1931, as amended, relating to removing the maximum aggregate penalties limit for certain violations of the unfair trade practices act"; to the Committee on the Judiciary.
By Delegate Williams:
H. B. 2222 - "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931, as amended, relating to the State Teachers Retirement System generally and granting retirement credit under certain circumstances to teachers for years of service at private four-year colleges and universities in West Virginia"; to the Committee on Pensions and Retirement then Finance.
By Delegates Caputo, Mahan and Staton:
H. B. 2223 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22A-1-40, relating to notice of hazardous chemical substances and lead exposure to employees of mine operators; requiring director of miners' health, safety and training to adopt a list of hazardous substances by rule and to compile safety information regarding hazardous substances; and providing a criminal penalty for violation"; to the Committee on the Judiciary.
By Delegates Cann, Kominar, H. White and Stalnaker:
H. B. 2224 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-37, relating to creation of a health care providers lien, the effect of the lien, the records of the health care provider, priority of liens and the exclusion of health insurance benefits"; to the Committee on the Judiciary.

By Delegates Amores and Doyle:
H. B. 2225 - "A Bill to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, relating to expanding the scope of protected civil rights to include disability and sexual orientation"; to the Committee on the Judiciary.
By Delegates Brown, Amores, Hrutkay and Doyle:
H. B. 2226 - "A Bill to amend and reenact §57-3-9 of the code of West Virginia, 1931, as amended, relating to removing the privilege of confidentiality in communications to clergy when the communications involve matters involving sexual abuse of a minor child"; to the Committee on the Judiciary.
By Delegates Boggs, Swartzmiller and Hrutkay:
H. B. 2227 - "A Bill to amend and reenact §8-10-2 of the code of West Virginia, 1931, as amended, relating to prescribing minimum standards for municipal judges; requiring criminal background checks of persons applying for municipal judgeships; and requiring municipal judges receive continuing legal training"; to the Committee on the Judiciary.
By Delegates Thompson, Perry, Iaquinta and Hrutkay:
H. B. 2228 - "A Bill to amend and reenact §31A-1-2 of the code of West Virginia, 1931, as amended; to amend and reenact §31A-2-5 of said code; and to amend and reenact §31A-4-1 and §31A-4-5 of said code, all relating to the authority of a state-chartered bank to organize as a limited liability company"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Hamilton, Wakim, Hrutkay and Yost:
H. B. 2229 - "A Bill to amend and reenact §48-27-403 of the code of West Virginia, 1931, as amended, relating to juvenile perpetrators of domestic violence and providing for detention of certain juveniles when alternative placement is not appropriate"; to the Committee on the Judiciary.
By Delegates Border and Azinger:
H. B. 2230 - "A Bill to amend and reenact §33-42-8 of the Code of West Virginia, 1931, as amended, relating to establishing the crime of partial birth infanticide; penalty; definitions; and exceptions"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Doyle:
H. B. 2231 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-13i; and to amend and reenact §18-5-19 of said code, all relating to education; the State Board of Education; county boards of education; establishing a secure residential school for juvenile status offenders; and providing an alternative school at evening classes or night school for children who are expelled or suspended from regular school classes"; to the Committee on Education then Finance.
By Delegate Ron Thompson:
H. B. 2232 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-15c, relating to authorizing a service credit under public employees retirement for federal employment service"; to the Committee on Pensions and Retirement then Finance.
By Delegate Ron Thompson:
H. B. 2233 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13V-1 and §11-13V-2, all relating to taxation; and providing a small business tax credit equal to any guaranty fee paid to the small business administration to obtain small business administration financing, or two percent of the loan from any other lending institution for a new business in this State"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Walters:
H. B. 2234 - "A Bill to amend and reenact §11-21-1 of the code of West Virginia, 1931, as amended; and to further amend said article by adding thereto two new sections, designated §11-21- 4g and §11-21-4h, all relating to legislative findings; providing for a five percent tax reduction to all personal income tax rates"; to the Committee on Finance.
By Delegate H. White:
H. B. 2235 - "A Bill to amend and reenact §50-1-8 and §50-1-9 of the code of West Virginia, 1931, as amended, all relating to increasing salaries for magistrate clerks and magistrate assistants"; to the Committee on the Judiciary then Finance.
By Delegate Stalnaker:
H. B. 2236 - "A Bill to amend and reenact §50-1-6a of the code of West Virginia, 1931, as amended, relating to providing that the remuneration paid to senior magistrates, temporarily appointed cannot exceed twenty thousand dollars per year."
By Delegate Hall:
H. B. 2237 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-4g, relating to personal income tax generally and exempting from such tax the first fifty thousand dollars of income of a husband and wife filing a joint tax return; exempting the first twenty-five thousand dollars of income of an individual filing an individual tax return and providing a four percent tax on all income above those levels"; to the Committee on Finance.
By Delegates Iaquinta and Hrutkay:
H. B. 2238 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6G-6, relating to providing a criminal penalty for transmitting bulk electronic mail messages which are unsolicited"; to the Committee on the Judiciary.
By Delegates Fragale and Evans:
H. B. 2239 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto three new sections, designated §23-4-26, §23-4-27 and §23-4-28, all relating to cardiovascular injury or disease or pulmonary disease suffered by a firefighter; cardiovascular injury or disease or pulmonary disease resulting in a firefighter's death; and presumption of occupational disease for certain types of cancer for firefighters who have been exposed to toxic substances"; to the Committee on the Judiciary then Finance.
By Delegates Caputo and Ron Thompson:
H. B. 2240 - "
A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-14a, relating to sanitarian employees of the division of health; providing for a twenty-five percent across the board salary increase; and providing for an annual cost-of-living increase"; to the Committee on Finance.
By Delegates Talbott and Pino:
H. B. 2241 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6F-115, relating to a no telephone solicitation contact (Do Not Call) list being maintained by the Public Service Commission; telephone subscribers/consumers not wanting to receive telemarketing calls pay a modest fee to be placed on the list; the Public Service Commission creates the 'No Call' list for sale to telemarketers; and civil penalties are imposed upon telemarketers who violate the statute"; to the Committee on the Judiciary.
By Delegates Howard, Hamilton and Louisos:
H. B. 2242
- "A Bill to amend chapter eighteen of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4, §18-2K-5, §18-2K-6, §18-2K-7, §18-2K-8 and §18-2K-9, all relating to establishing the child internet protection act; setting forth legislative findings and purpose; defining terms; requiring school boards and public libraries to establish and enforce internet-use policies; providing an appeal to the circuit court for persons aggrieved by public library internet-use policies; requiring Superintendents of Schools to file reports to the State Superintendent, who then must report to certain legislative officers and entities; requiring the State Superintendent to review internet policies from the various school districts and public libraries, and to disapprove policies not reasonably calculated to achieve the purpose of the article; authorizing the State Superintendent to withhold funding from school districts that fail to comply with policy requirements; providing an appeal process for school districts and public libraries aggrieved by the State Superintendent's actions; and, providing that certain persons may disable blocking technology that has been implemented under the requirements of this article"; to the Committee on Education then the Judiciary.
By Delegates Stemple, Spencer, Boggs and Pethtel:
H. B. 2243
- "A Bill to amend and reenact §19-1A-3a of the Code of West Virginia, 1931, as amended, relating to removing the seasonal restriction concerning when cultivated ginseng may be harvested"; to the Committee on Agriculture and Natural Resources then the Judiciary. By Delegates Stemple and Amores:
H. B. 2244
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5, §17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9 and §17C-5C-10; and to amend and reenact §60-6- 9, all relating to conforming the motor vehicle law of this State to the requirements of section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century (23 U.S.C. 154), as amended, which requires states to enact and enforce a law that prohibits the consumption of an alcoholic beverage or the possession of an open alcoholic beverage container in the passenger area of a motor vehicle that is located on a public highway or the right-of-way adjacent to a public highway"; to the Committee on the Judiciary.
By Delegates Perry, Stemple and Crosier:
H. B. 2245
- "A Bill to amend and reenact §17B-4-3 of the code of West Virginia, 1931, as amended, relating to criminal penalties for driving while license is suspended or revoked"; to the Committee on the Judiciary.
By Delegates Susman, Hrutkay and Spencer:
H. B. 2246
- "A Bill to amend and reenact §3-1C-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §3-1C-5, §3-1C-6 and §3-1C-7, all relating to securing the right of blind and visually impaired people to vote under the same conditions of privacy and independence as sighted people through the procurement of electronic voting technology and systems in accordance with certification criteria for equivalent access by visual and nonvisual means; requiring the Secretary of State to ensure compliance with this voting procedure; and providing for injunctive relief for violations"; to the Committee on the Judiciary.
By Delegates Leach and Morgan:
H. B. 2247 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration generally; providing for the issuance of a special Lions International membership license plate and assessing a special initial application fee and a special annual fee therefor"; to the Committee on Roads and Transportation then Finance.
By Delegates Doyle and Overington:
H. B. 2248 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-6, relating to salary increases for state employees based upon residential housing costs"; to the Committee on Finance.
By Delegates Leach and Craig:
H. B. 2249 - "A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended, relating to making the unauthorized practice of medicine and surgery or podiatry or as a physician assistant a felony rather than a misdemeanor"; to the Committee on the Judiciary.
By Delegates Hrutkay and Brown:
H. B. 2250 - "A Bill to amend and reenact §18-2B-5 of the Code of West Virginia, 1931, as amended, relating to the titling of property for area vocational education programs"; to the Committee on the Judiciary.
By Delegate Williams:
H. B. 2251 - "A Bill to amend and reenact §52-1-1, §52-1-7, §52-1-8, §52-1-11, §52-1-23 and §52-1-24 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §52-1-10a; to amend and reenact §52-3-1 of said code; and to amend said code by adding thereto a new article, designated §52-4-1, all relating to petit juries; restating the declaration of policy and obligation of citizens to serve on juries, unless excused; changing civil contempt to misdemeanor penalties for failure to appear for jury duty; basis for disqualification from jury duty; establishing a procedure for postponement of jury duty; specific excuses from jury service, including undue or extreme physical or financial hardship; changing the length of service by jurors in a two-year period; providing misdemeanor penalty instead of civil contempt for failure to perform jury service; providing rights of employees summoned for jury duty; requiring the Supreme Court of Appeals to establish a 'Lengthy Trial Fund' to be used for full wage replacement for jurors after the tenth day of a trial; and otherwise reducing the burdens of jury service and increasing participation in the jury system"; to the Committee on the Judiciary.
By Delegate Iaguinta:
H. B. 2252 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-11B-1, §17C-11B-2, §17C-11B-3, §17C-11B-4, §17C-11B-5 and §17C-11B-6, all relating to requiring the use of helmets by skateboarders"; to the Committee on the Judiciary.
By Delegate Romine:
H. B. 2253 - "A Bill to amend and reenact §18A-4-3 of the code of West Virginia, 1931, as amended, relating to increased salary increments paid to principals and assistant principals"; to the Committee on the Judiciary.
By Delegates Sobonya, Sumner, Howard and Hamilton:
H. B. 2254 - "A Bill to amend and reenact §6B-2-5 of the Code of West Virginia, 1931, as amended, relating to prohibiting elected or appointed public officials from using their names or likenesses under certain specific circumstances"; to the Committee on the Judiciary.
By Delegates Caputo and Butcher:
H. B. 2255 - A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating to crediting deceased teachers' surviving spouses with accumulated sick leave for purposes of extending insurance coverage; and, providing that if the spouse or other dependents are not covered by public employees' insurance, the spouse or other dependents receive the monetary value of the accumulated sick leave"; to the Committee on Pensions and Retirement then Finance.
By Delegates Caputo and Butcher:
H. B. 2256 - "A Bill to amend and reenact §21-1A-4 of the Code of West Virginia, 1931, as amended, relating to making the use of permanent replacements for striking workers an unfair labor practice by employers who have employee stock ownership plans"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Amores, Ron Thompson and Frederick:
H. B. 2257 - "A Bill to amend and reenact §5B-2D-2 and §5B-2D-3 of the Code of West Virginia, 1931, as amended, all relating to the allowable training costs for employees of high technology companies payable under the West Virginia Guaranteed Work Force Program"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Amores, Doyle and Stalnaker:
H. B. 2258 - "A Bill to amend and reenact §55-10-1, §55-10-2, §55-10-3, §55-10-4, §55-10-5, §55-10-6, §55-10-7, §55-10-8, §55-10-9, §55-10-10, §55-10-11, §55-10-12, §55-10-13, §55-10-14, §55-10-15, §55-10-16, §55-10-17, §55-10-18, §55-10-19, §55-10-20, §55-10-21, §55-10-22, §55-10-23, §55-10-24, §55-10-25, §55-10-26, §55-10-27, §55-10-28, §55-10-29, §55-10-30, §55-10-31 and §55-10-32 of the Code of West Virginia, 1931, as amended, relating to the uniform arbitration act"; to the Committee on the Judiciary.
By Delegates Browning and Staton:
H. B. 2259 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22h, relating to providing a one-time supplement to certain public employee retirement system annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegates Browning and Staton:
H. B. 2260 - "A Bill to amend and reenact §5-10-25 of the code of West Virginia, 1931, as amended, relating to Public Employees Retirement System; and preventing reduction of disability pensions at age sixty-five"; to the Committee on Pensions and Retirement then Finance.
By Delegates Amores, Pino, Stemple, Varner and Webster:
H. B. 2261 - "A Bill to amend and reenact §61-11-8 of the Code of West Virginia, 1931, as amended, relating to attempted crimes and increasing penalties therefor"; to the Committee on the Judiciary.
By Delegates Boggs and Mahan:
H. B. 2262 - "A Bill to amend and reenact §11-6B-4 of the code of West Virginia, 1931, as amended, relating to extending the filing deadline for homestead property tax exemption"; to the Committee on the Judiciary then Finance.
By Delegate Williams:
H. B. 2263 - "A Bill to amend and reenact §38-5A-2 of the Code of West Virginia, 1931, as amended, relating to suggestions of salary and wages of persons engaged in private employment; requiring these persons to notify the clerk of the court issuing the execution of changes of job status or employer; making the failure to notify a misdemeanor; providing a criminal penalty; and exempting persons subject to child support orders from notification requirement"; to the Committee on the Judiciary.
By Delegates Williams, Leggett, Stemple and Michael:
H. B. 2264 - "A Bill to amend and reenact §20-2-46j of the Code of West Virginia, 1931, as amended, relating to establishing a special sidelock black powder rifle deer hunting season and requiring a special stamp therefor"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Stemple, Michael and Varner:
H. B. 2265 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting funeral-related retail sales from the consumers sales tax"; to the Committee on Finance.
By Delegates Doyle, Hatfield and Amores:
H. B. 2266 - "A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to imposing a one hundred dollar per year fee for licenses allowing wine sampling events by wine retailers; and imposing a fifty-dollar fee for a special license to allow the sale or serving of wine by nonprofit charitable organizations and associations for one-day events"; to the Committee on the Judiciary then Finance.
By Delegates Leach, Campbell, Kominar, Morgan, Craig and Boggs:
H. B. 2267 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2F-1, §5B-2F-2, §5B-2F-3, §5B-2F-4 and §5B-2F-5, all relating to implementing a transportation and economic development information system; locating the system in the Nick J. Rahall, II, Appalachian Transportation Institute; and setting forth a work plan"; to the Committee on Government Organization then Finance.
By Delegate Stalnaker:
H. B. 2268 - "A Bill to amend and reenact §27-5-4 of the Code of West Virginia, 1931, as amended, relating to mental hygiene; involuntary commitment; proceedings; hearing; examination; order; report; mental hygiene fund; and requiring the county commission of the county in which an indigent individual resides to pay the expenses of a commitment hearing"; to the Committee on the Judiciary.
By Delegate Stalnaker:
H. B. 2269 - "A Bill to amend and reenact §61-2-14d of the code of West Virginia, 1931, as amended, relating to providing a misdemeanor penalty if a person fails to make a reasonable, good-faith attempt to return a minor child in a timely manner at the expiration of a lawful custody or visitation period"; to the Committee on the Judiciary.
By Delegates Howard and Sobonya:
H. B. 2270 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-8-1a, relating to exempting individual retirement accounts, pension and profit-sharing plans from executions"; to the Committee on the Judiciary.
By Delegates Mahan and Amores:
H. B. 2271 - "A Bill to amend and reenact §49-6-4 of the Code of West Virginia, 1931, as amended, relating to the payment of expert fees in child abuse and neglect cases"; to the Committee on the Judiciary.
By Delegates Michael and Caputo:
H. B. 2272 - "A Bill to amend and reenact §16-5C-2 of the Code of West Virginia, 1931, as amended; and to further amend said article by adding thereto a new section, designated §16-5C-5a, all relating to requiring nursing homes or facilities to permit a resident or resident's legal representative to monitor the resident through the use of electronic monitoring devices; definitions; requiring the facility to provide access to a power source and mounting space to set up the electronic monitoring device; prohibiting the facility from refusing to admit an individual to the facility or removing a resident from the facility because of a request to install an electronic monitoring device and establishing criminal penalties"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Walters:
H. B. 2273 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-15D-1, §33-15D-2, §33-15D-3 and §33-15D-4, all relating to the 'Mandated Benefits Review Act'; and requiring the Insurance Commissioner to review and report to the Legislature in an actuarially-based fashion the financial and other related impacts of any proposed legislation to mandate medical or health-related benefits"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Stalnaker:
H. B. 2274 - "A Bill to amend and reenact §50-5-8 of the code of West Virginia, 1931, as amended, relating to providing that unless a criminal defendant in magistrate court requests a jury trial in writing within twenty days from the date of his or her initial appearance, he or she forever waives the right to a jury trial upon the criminal offense or offenses for which he or she were required to make the initial appearance"; to the Committee on the Judiciary.
By Delegate Spencer:
H. B. 2275 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12g, relating to providing state income tax exemption for first year businesses with at least one employee that have net income of less than fifty thousand dollars"; to the Committee on Finance.
By Delegate Louisos:
H. B. 2276 - "A Bill to amend and reenact §4-1-18 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-21-4g; and to further amend said code by adding thereto a new section, designated §11-24-4b, all relating to providing limitations on budget increases; requiring eighty percent vote of House of By Delegates for any such increase; and providing that one half of budget increase or surplus revenues in the general revenue fund remaining after one half of the surplus or revenues have been set aside for the revenue shortfall reserve fund shall be used to reduce personal and corporate income tax rates"; to the Committee on the Judiciary then Finance.
By Delegate Doyle:
H. B. 2277 - "A Bill to amend and reenact §14-2-2 of the code of West Virginia, 1931, as amended, relating to providing that actions in which the State is a party be brought in the county which is affected or related to the controversy"; to the Committee on the Judiciary.
By Delegates Caputo, Martin, Rick Thompson, Tucker and Perdue:
H. B. 2278 - "A Bill to amend chapter twenty-nine of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-9-1, §29-9-2, §29-9-3, §29-9-4, §29-9-5, §29-9-6, §29-9-7, §29-9-8, §29-9-9, §29-9-10, §29-9-11, §29-9-12, §29-9-13, §29-9-14, §29-9-15, §29-9-16, §29-9-17, §29-9-18, §29-9-19, §29-9-20, §29-9-21, §29-9-22, §29-9-23, §29-9-24, §29-9-25, §29-9-26, §29-9-27 and §29-9-28, all relating to the Public Employment Relations Act; stating legislative policy and purpose; defining certain terms; establishing a West Virginia Public Employment Relations Board; providing for the composition of the Board, the terms of its members, and the qualifications of the members; providing for the terms of the original appointees and the method of filling vacancies; limiting eligibility of Board members for reappointment; requiring an oath of office and establishing a method of removal of Board members; establishing procedural rules for meetings and requiring a quorum; providing for the payment of per diem and expenses for attendance by Board members; providing for the organization of the Board, the powers and duties of the Board, the employment of staff and the location of offices; granting authority to the Board to promulgate rules; defining employee and employer rights; providing for the election of exclusive representatives by public employees; establishing criteria for determining the appropriateness of an employer unit for purposes of collective bargaining; establishing procedures for representation elections and decertification of certified representatives; establishing the scope of bargaining subjects as to which agreement may be reached; providing for written agreements; providing that all written agreements involving costs are subject to appropriations by the appropriate legislative or governing body; limiting the duration of agreements to three years; providing for mediation and arbitration to resolve impasses in bargaining; prohibiting strikes by public employees; providing remedies for prohibited strikes; defining prohibited practices; establishing a method of payroll deductions, fair share fee payments and protections for fee payors; requiring financial reports, public records and lists of employee organizations and exclusive representatives; and setting forth when the article shall take precedence and when it shall be inoperative"; to the Committee on the Judiciary then Finance.
By Delegate Doyle:
H. B. 2279 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-1A-101, §48-1A-201, §48-1A-301, §48-1A-401, §48-1A-501, §48-1A-601, §48-1A-701, §48-1A-801, §48-1A-901 and §48-1A-1001, all relating to the uniform premarital agreement act; defining terms; setting forth requirements and content of agreement; providing for the effect, amendment, revocation and enforcement of such agreements; establishing statute of limitations, application and construction of article; and setting forth short title"; to the Committee on the Judiciary.
By Delegate Walters:
H. B. 2280 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1-1b, relating to the Economic Fairness Act of two thousand five; and requiring the Tax Commissioner to refund to the five counties with the highest unemployment twenty percent of the personal income tax collected"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Hatfield, Hrutkay and Martin:
H. B. 2281 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §16-5C-20 and §16-5C-21, all relating to requiring nursing homes to have quality assurance programs and plans; and specifying requirements"; to the Committee on Health and Human Resources then Finance.
By Delegates Sobonya, Howard and Crosier:
H. B. 2282 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to providing a state income tax exemption to retired federal employees"; to the Committee on Finance.
By Delegates Spencer, Hatfield, Webster and Brown:
H. B. 2283 - "A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as amended, relating to restricting increased assessments on real property to no more than five percent in any one year; and providing that if the increase is as much as fifteen percent for the year, it is to be phased in over a three-year period"; to the Committee on the Judiciary then Finance.
By Delegates Rick Thompson and Perdue:
H. B. 2284
- "A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to providing that any imposition of increased objective standards applicable to eligibility requirements for the PROMISE scholarship not take effect for a period of two years in order to allow prospective applicants the opportunity to receive notice of the changes"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Varner, Michael, Leach, Kominar, H. White and Williams:

H. B. 2285 - "A Bill providing for the payment of the veterans bonus to veterans of the Kosovo, Afghanistan, and Iraq conflicts, and for the administration thereof; designating the division of veterans affairs to administer provisions of act; providing powers and duties of the director of the division; authorizing adoption of rules and regulations; authorizing appointment of veterans advisory committee; setting forth qualifications to receive bonus; providing definitions; providing for payment of bonus to relatives of deceased veterans; specifying amounts of bonus; setting forth periods to apply and receive bonus; providing for determination of validity of each claim for bonus by director; providing for review of decision of director by board of review; authorizing appointment of additional boards of review and compensation for members; providing for judicial review of decisions of board of review; creation of veterans bonus fund; exempting bonus from taxation; excluding bonus from certain debt collection actions; prohibiting claim for bonus from assignment; limiting charges for services provided in connection with application for bonus; and prohibiting certain acts and providing criminal penalties therefor"; to the Committee on Finance.
By Delegates Williams, Beach, DeLong, Perry, Martin and Cann:
H. B. 2286 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8e, relating to the sounding of Taps at veteran's honors funerals; encouraging community service by capable students; making legislative findings and stating purpose; requiring guidelines and distribution of certain information by state board; requiring county board policy and specifying minimum provisions; encouraging county board collaboration with organizations to assist programs; and limiting county board responsibility for certain costs, transportation and liability for supervision"; to the Committee on Education.
Leaves of Absence

At the request of Delegate Brown, and by unanimous consent, leave of absence for the day was granted Delegate Hatfield.
Miscellaneous Business

Delegate Overington asked and obtained unanimous consent that the remarks of Delegate Trump regarding President Abraham Lincoln be printed in the Appendix to the Journal.
At 10:19 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, February 14, 2005 .