hdj2005-02-16-08

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Wednesday, February 16, 2005

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 Tuesday, February 15, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Beane, Ennis, Butcher, Martin, Tucker, Porter and Schoen:
H. B. 2449, A Bill to amend and reenact §21-9-13 of the code of West Virginia, 1931, as amended, relating to continuation of West Virginia Board of Manufactured Housing Construction and Safety.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2449) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2328, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2328) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2333, Establishing a program to encourage voluntary reclamation of lands adversely affected by mining activities,
And,
H. B. 2334, Relating to limiting child out-of-state placements,
And reports the same back with the recommendation that they each do pass.
The Speaker then referred H. B. 2334 to the Committee on Finance.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2285, Provide procedure for payment of the veterans bonus to veterans of the Kosovo, Afghanistan, and Iraq conflicts,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for 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 a certified list of eligible veterans and relatives of deceased veterans; 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,
With the recommendation that the committee substitute do pass.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:
H. B. 2285, on first reading, Consent Calendar, to the House Calendar, by Mr Speaker.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Water Development Authority, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Board of Professional Surveyors, in accordance with section twelve-b, article one, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Bureau of Senior Services, in accordance with the provisions of the code; which was filed in the Clerk's Office. Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Board of Barbers and Cosmetologists for the fiscal year ending June 30, 2004, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the State Board of Registration for Professional Engineers of West Virginia, in accordance section twelve-b, article one, chapter thirty of the code; which was filed in the Clerk's Office.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 146 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-30, relating to establishing the "Unborn Victims of Violence Act"; recognizing a fetus as a person for purposes of being a victim of certain crimes of violence against the person; specifying penalties; providing definitions and exceptions; certain convictions not barred; and severability", which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegate Long, Spencer, Talbott, Barker, Hunt, Marshall and Overington offered the following resolution, which was read by its title and referred to the Committee on Rules, as follows:
H. C. R. 8 - "Requesting that the Joint Committee on Government and Finance continue the Legislative Task Force on Juvenile Foster Care, Detention and Placement as the Juvenile Task Force."
Whereas, There are currently 3,000 West Virginia children placed outside of their homes in foster care with more than 400 West Virginia children in out-of-state placements and 300 more in facilities operated by the Division of Juvenile Services; and
Whereas, The State's Child Protective Services Program is under federal mandate to make improvements and is at serious risk of substantial financial penalties for failure to improve children's safety, permanency and well-being in the child welfare system; and
Whereas, The Division of Juvenile Services has, through renovation and new construction, acquired more than two hundred new beds in six facilities over the last four years; and
Whereas, There are on-going and continuing efforts involving State agencies, families and private providers to address these and other vital issues affecting our State's children; and
Whereas, There are considerable human and financial resources invested in the State's child-serving systems; and
Whereas, The existing Legislative Task Force on Juvenile Foster Care, Detention and Placement is the only legislative body that deals exclusively with matters relating to child welfare and juvenile justice; and
Whereas, There is an acute and urgent need for on-going legislative oversight of these matters; and
Whereas, Legislative members could benefit from the shared knowledge of additional nonvoting citizen members chosen for their particular backgrounds and expertise; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to continue the Legislative Task Force on Juvenile Foster Care, Detention and Placement as the Juvenile Task Force, to conduct on-going oversight of the State's child welfare and juvenile justice systems and that to increase it's membership by adding two nonvoting citizen members, chosen for their particular backgrounds or expertise, one to be chosen by the Speaker of the House of Delegates and the other by the President of the Senate, with the same right of per diem reimbursement of expenses as legislators are entitled to; and, be it
Further Resolved, That the Task Force report to the Joint Committee on Government and Finance 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 carry out its duties, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegate Talbott offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 9 -- "Requesting the Division of Highways to name the bridge in Curtin, West Virginia, the "Larry 'Joe' Markle Bridge".
Whereas, When Joe was three years old, he was hit by a car leaving him mentally and physically challenged; and
Whereas, Since then Joe's passion in life is riding to and from the bridge and greeting everyone who enters or leaves Curtin; and
Whereas, A few years ago, the State rebuilt the bridge and Joe made his rounds as if he were the bridge foreman; and
Whereas, When the bridge was completed, a yellow ribbon was put across the bridge and Joe rode his bike across it breaking the ribbon with hands held high in the air celebrating the new bridge and his favorite hangout; and
Whereas, Recently, Joe's health declined when he started having congestive heart failure and his breath was too short to ride his bike; and
Whereas, Joe became depressed because he could not ride his bike to the bridge; and
Whereas, Since then a pacemaker has given Joe new life and energy to ride back to the bridge and man his position as the unofficial "greeter" on the bridge for Curtin; and
Whereas, The members of the Legislature would like to honor Joe for his dedication and passion for life by naming the bridge in Curtin, West Virginia, the "Larry 'Joe' Markle Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge in Curtin, West Virginia, the "Larry 'Joe' Markle Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of Highways and to Larry "Joe" Markle.
Mr. Speaker, Mr. Kiss, and all other members of the House of Delegates offered the following resolution, which was read by its title, as follows:
H. R. 11 -- "Designating February 16, 2005, as 'Children's Day'."
Whereas, West Virginia's children are the state's most precious resource; and
Whereas, As parents, neighbors, and communities, it is our fundamental obligation to care for, protect, and nurture our children; and
Whereas, It is our responsibility to assure and provide for the health and well-being, education and training of our children to prepare them for the challenge of adult life; and
Whereas, Our children are the future teachers, workers, and leaders of West Virginia; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby declares this day February 16, 2005, "Children's Day"; and, be it
Further Resolved, That the House of Delegates recognizes its responsibility to give our children every opportunity to succeed and prosper, and pledge to consider their welfare in the laws that we establish and the work of this Session of the Legislature; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the appropriate officials of the Coalition for West Virginia's Children.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 11) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Petitions
Delegates Caputo, Longstreth and Manchin presented a petition, signed by one hundred forty- eight residents of Marion County, requesting that the Department of Highways upgrade Glade Fork Road; which was referred to the Committee on Roads and Transportation.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Perdue, Amores and Anderson:
H. B. 2371 - "A Bill to amend and reenact §30-5-1b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-5-26, all relating to requirements for collaborative pharmacy practice agreements between pharmacists and physicians"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Long, Frederick, Susman and Leach:
H. B. 2372 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting sales of drugs to licensed physicians which are to be consumed in the performance of a professional service from the consumers sales and service tax"; to the Committee on Health and Human Resources then Finance.
By Delegates Caputo and Rick Thompson:
H. B. 2373 - "A Bill to amend and reenact §5-10-22 of the Code of West Virginia, 1931, as amended, relating to retirement annuity of public employees and retirants; and increasing the multiplier", to the Committee on Pensions and Retirement then Finance.
By Delegates Hrutkay, Butcher, Iaquinta and Wakim:

H. B. 2374 - "A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6-10 of said code, all relating to providing for service credits, for purposes of public employment retirement, for service in the West Virginia National Guard and Reserve; and awarding additional testing credit points in civil service examinations for members of the national guard and reserve who are applying for state employment"; to the Committee on Pensions and Retirement then Finance.
By Delegates Paxton, Perry and Hamilton:

H. B. 2375 - "A Bill to amend and reenact §18-2-5b of the Code of West Virginia, 1931, as

amended; and to amend and reenact §18A-4-4 of said code, all relating to providing a salary supplement for providers of medicaid eligible services in the public schools and the financing thereof Health and Human Resources then Finance.
By Delegates Hatfield, Perdue, Webster, Brown and Rick Thompson:
H. B. 2376 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5, §16-42-6, §16- 42-7, §16-42-8, §16-42-9, §16-42-10 and §16-42-11, all relating to creating a genetic information privacy act; establishing legislative findings regarding genetic privacy; defining terms; providing for the confidentiality of genetic information; prohibiting the use of genetic test information for certain insurance purposes; authorizing the Insurance Commissioner to promulgate rules consistent with federal guidelines regarding disclosures of information; allowing the use of genetic test information in paternity proceedings; allowing use of genetic DNA typing information by law-enforcement officers in certain circumstances; establishing certain limitations on the use of genetic test information by employers; specifying procedures for disclosure of genetic test information; providing for an exception to this article for those participating in research settings governed by the federal policy for the protection of human research subjects; and providing for a right of action and damages for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Rick Thompson and Hrutkay:
H. B. 2377 - "A Bill to repeal §33-2-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-2-17 of said code, relating generally to the office of Consumer Advocacy; deleting language dealing with funding; striking language limiting the authority of the office of Consumer Advocacy to health related matters; and authorizing the office of Consumer Advocacy to coordinate the consumer service functions within the office of the Insurance Commissioner"; to the Committee on Banking and Insurance the Government Organization .
By Delegates Ellem, Boggs, Overington and Pino:
H. B. 2378 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring medical facilities that provide abortions to warn women seeking an abortion of their increased risk of breast cancer"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perry and Pino:
H. B. 2379 - "A Bill to amend and reenact §17C-8-5 of the Code of West Virginia, 1931, as amended, relating to requiring property owners to keep property adjacent to intersection clear of obstacles for line of sight of operators of motor vehicles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Leach, Michael, Perdue and Susman:
H. B. 2380 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-20, relating to providing for a program intended to divert low-income residents from early institutionalization in nursing homes by providing personal home care in their communities"; to the Committee on Health and Human Resources then Finance.

By Delegates Amores, Webster, Palumbo and Kominar:

H. B. 2381 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-14; to further amend said code by adding thereto a new section, designated §16-5C-5a; to further amend said code by adding thereto a new section, designated §16-5D-5a; to further amend said code by adding thereto a new section, designated §16-5E-7; and to further amend said code by adding thereto a new section, designated §16-5N-6a, all relating to patient visitation rights; establishing new criteria for patient visits at hospitals, nursing homes, personal care homes, legally unlicensed health care homes, and residential care communities; allowing for patient visitations with nonrelatives designated by patients; and creating exceptions thereto"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Howard, Sobonya and Sumner:
H. B. 2382 - "A Bill to amend and reenact §18-7B-8 of the code of West Virginia, 1931, as amended, relating to providing the option for teachers who withdrew from the State Teachers Retirement System in favor of the Defined Contribution Retirement System, to exercise the option to return to the State Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegate Walters:
H. B. 2383 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1 and §16-2J-2, all relating to abortions generally and requiring notice of an abortion to be provided to the father of the unborn child"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Stalnaker and Ennis:
H. B. 2384 - "A Bill to amend and reenact §18A-2-2 of the Code of West Virginia, 1931, as amended, relating to the teachers retirement system; including service personnel eligibility for five hundred dollar early retirement notification bonus"; to the Committee on Pensions and Retirement then the Judiciary.

By Delegates Webster, Palumbo and Hatfield:

H. B. 2385 - "A Bill to amend and reenact §17C-6-7 of the code of West Virginia, 1931, as amended, relating to including the infrared laser light as a device sufficiently reliable to be recognized as providing prima facie evidence of the speed of a motor vehicle in a legal proceeding"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Hatfield, Martin and Caputo:

H. B. 2386 - "A Bill to amend and reenact §16-5C-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §16-5C-5a and §16-5C-5b, all relating to nursing homes; defining certain terms; requiring the posting of staffing data; and providing for the right of family members to form family councils at nursing homes"; to the Committee on Health and Human Resources then Government Organization .
By Delegates Leach and Amores:
H. B. 2387 - "A Bill to amend and reenact §17B-2-12 of the code of West Virginia, 1931, as amended, relating to requiring a vision test for renewal of a driver's license"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Rick Thompson, Staton, Hrutkay, Caputo and Perdue:
H. B. 2388 - "A Bill to amend and reenact º33-2-16, º33-2-17 and º33-2-18 of the Code of West Virginia, 1931, as amended, all relating to insurance generally; and making the office of consumer advocacy independent of the Insurance Commissioner"; to the Committee on Banking and Insurance then Government Organization .
By Delegates Border, Long, Perdue, Leach and Hatfield:
H. B. 2389 - "A Bill to amend and reenact §20-2-46e of the code of West Virginia, 1931, as amended, relating to including persons diagnosed with disability of a major body system with an accompanying degree of severity as rated under social security disability guidelines, in conjunction with other statutory criteria that must be met by these persons, for the purpose of determining eligibility to obtain a Class Q special resident hunting permit for disabled persons"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Rick Thompson and Perdue:
H. B. 2390 - "A Bill to amend and reenact §5-10-25 of the Code of West Virginia, 1931, as amended, relating to removing language which might reduce a public employee's disability benefits on attaining sixty-five years of age"; to the Committee on Pensions and Retirement then Finance.
By Delegates Perry, Crosier, Pino and Beach:
H. B. 2391 - "A Bill to amend and reenact §8-22-25 of the code of West Virginia, 1931, as amended, relating to increasing retirement pensions for police and firefighters"; to the Committee on Pensions and Retirement then Finance.
By Delegates Border and Perdue:
H. B. 2392 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-28; to amend said code by adding thereto a new section, designated §33-4-21; to amend said code by adding thereto a new section, designated §33-24-45; to amend said code by adding thereto a new section, designated §33-25-22; and to amend said code by adding thereto a new section, designated §33-25A-36, all relating to requiring health benefit plans to issue uniform prescription drug cards or technology; providing exemptions for the medicaid program; establishing format guidelines and coordination with federal laws; defining terms; providing enforcement authority to the Insurance Commissioner; requiring the Insurance Commissioner to propose rules for legislative approval and establishing an effective date"; to the Committee on Health and Human Resources then Finance.
By Delegates Hatfield, Doyle and Amores:
H. B. 2393 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1, §16-42-2, §16-42-3 and §16-42-4, all relating to creating an emergency contraception education program within the Department of Health and Human Resources"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Ron Thompson, Perry and Frich:
H. B. 2394 - "A Bill to amend and reenact §31-17-5, §31-17-8 and §31-17-14 of the code of West Virginia, 1931, as amended, all relating to providing for mortgage license provisional approval; requiring the disclosure of fees in a mortgage loan; and, shortening the time in which a person adversely affected by an order of the State Commissioner of Banking has to appeal, while lengthening the time in which a hearing must be provided to an aggrieved person who has filed an appeal"; to the Committee on Banking and Insurance then Judiciary.
By Delegates Beach and Stemple:
H. B. 2395 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-4-13; and to amend said code by adding thereto a new section, designated §18-5-46, all relating to prohibiting discrimination by a County School Superintendent or school board members against an applicant for appointment, job placement or advancement on the basis of the applicant's service in the Legislature"; to the Committee on Education then the Judiciary.
By Delegates Williams, Stephens and Paxton:
H. B. 2396 - "A Bill to amend and reenact §18A-4-3 of the Code of West Virginia, 1931, as amended, relating to increasing the salary increments paid to principals and assistant principals"; to the Committee on Education then Finance.
By Delegates Barker, Hunt, Long, Marshall, Spencer, Talbott and Overington:
H. B. 2397 - "A Bill to amend and reenact §5-26-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §5-26-7, §5-26- 7a and §5-26-7b, all relating to establishing an integrated system of care under the Governor's Cabinet on Children and Families for children and families with, or at risk of, social, emotional and behavioral health needs"; to the Committee on Government Organization then Finance.
Delegates Leach, Michael, Perdue and Susman:
H. B. 2398 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-11A-3b, relating to providing for a standard form informational list of universal accessibility features to be provided to a future buyer of any proposed residential housing in the State"; to the Committee on Government Organization.
Delegates Amores, Mahan and Spencer:
H. B. 2399 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto three new sections, designated §5-26-9, §5-26-10 and §5-26-11, all relating to family resource centers; requiring the governor's cabinet on children and families to develop and implement a pilot plan establishing a system of family resource centers; providing for grants to local centers; and requiring oversight and monitoring"; to the Committee on Government Organization then Finance.
Delegates Rick Thompson, Swartzmiller, Ennis and Caputo:
H. B. 2400 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5A-3-37b and §5A-3-37c, all relating to creating the "Job Preservation Act of 2005"; providing companies that lose one hundred or more employees due to outsourcing of jobs are ineligible to enter procurement contracts with the state or local governments or receive government grants; requiring certain companies that lose one hundred or more employees to notify the Department of Labor about the loss; requiring the Department to send a survey to companies that report the loss of one hundred or more employees in order to determine the number of employees lost because of outsourcing jobs outside of the United States; and requiring the Department to provide written notice to state agencies and local governments"; to the Committee on Government Organization .
Delegates Caputo and Martin:
H. B. 2401 - "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-29-5, all relating to the education and state employees grievance board; enlarging the membership of the board from three to seven members; requiring that at least four members will represent the interests of public or education employees; nominating the four will be state organizations representing labor, school service personnel and teachers; increasing the number of board meetings per year from two to four; and limiting county board of education use of legal counsel"; to the Committee on Government Organization then Finance.
Delegates Susman, Leach and Boggs:
H. B. 2402 - "A Bill to amend and reenact §10-1-12 of the Code of West Virginia, 1931, as amended, relating to providing for the appointment of a blind person as an ad hoc nonvoting member of the State Library Commission to serve as an advisor to the Commission"; to the Committee on Government Organization .
By Delegates Amores and Spencer:
H. B. 2403 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto three new sections, designated §5-26-9, §5-26-10 and §5-26-11, all relating to family resource centers; requiring the governor's cabinet on children and families to develop and implement a pilot plan establishing a system of family resource centers; providing for grants to local centers; and requiring oversight and monitoring"; to the Committee on Government Organization then Finance.
By Delegates Leach Michael, Varner, Anderson and Browning:
H. B. 2404 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5E-9e, relating to the use of federal funds for youth in the custody of the Division of Juvenile Services; requiring state plans and memoranda of understanding; and exempting the Division of Juvenile Services from the review process required when obtaining a certificate of need"; "; to the Committee on Government Organization then Finance.
By Delegates Butcher and Caputo:
H. B. 2405 - "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 an exemption from gross income for certain members of volunteer fire departments, for state personal income tax purposes"; to the Committee on Finance.
By Delegates Leach, Michael, Perdue and Susman:
H. B.2406 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-18-6b, relating to limiting financial assistance from the Housing Development Fund to nonresidential projects"; to the Committee on Finance.
By Delegates Cann and Kominar:
H. B. 2407 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13H-1 and §11-13H-2, all relating to providing a business and occupation tax credit to electric power generators for use of coal mined in West Virginia by "small mining operations"; to the Committee on Finance.
By Delegates Webster, Spencer, Palumbo, Hatfield, Amores and Brown:
H. B. 2408 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15-23a, relating to providing a special fund for the Economic Development Authority to address employment and economic development problems of minority populations of this State"; to the Committee on Finance.
By Delegates Amores, Cann, Ron Thompson and Kominar:
H. B. 2409 - "A Bill to amend and reenact §11-25-1, §11-25-2, §11-25-3 and §11-25-11 of the Code of West Virginia, 1931, as amended, all relating to tax relief for homeowners and renters; providing the same tax relief for persons under sixty-five years of age that is provided for the elderly; providing definitions; computation of relief; and providing effective date"; to the Committee on Finance.
By Delegates Pino, Cann and Brown:
H. B. 2410 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-21-1 and §18-21-2, all relating to exempting start-up businesses founded by West Virginia college or university graduates from various state, county and municipal taxes for the first three years of operation"; to the Committee on Finance.
By Delegates Michael, Campbell, Cann and Doyle:
H. B. 2411 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-24a; and to amend and reenact §61-7-4 of said code, all relating to requiring the collection of fees by the State Police for performing adult private employment fingerprinting or fingerprinting for federal firearm permits; and increasing fees to be paid to the Superintendent of the State Police prior to issuance of a concealed weapons permit"; to the Committee on Finance.
By Delegates Perdue, Mahan and Boggs:
H. B. 2412 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to personal property taxes; and exempting from personal property taxation the equipment, inventory and raw materials of crafts people who have had their work evaluated and accepted or juried and accepted by the West Virginia Arts and Crafts Guild or by a similar organization"; to the Committee on Finance.
By Mr. Speaker (Mr. Kiss):
H. B. 2413 - "A Bill to amend and reenact §5E-1-8 of the Code of West Virginia, 1931, as amended, relating generally to the administration of tax credits available under the Capital Company Act; and authorizing the allocation of tax credits allowed for economic development and technology advancement centers during the remainder of the fiscal year beginning on the first day of July, 2004"; to the Committee on Finance.
By Delegate Susman:
H. B. 2414 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-6, relating to pay equity increase review for Department of Health and Human Resources workers who did not receive a pay equity increase and who need further adjustment in spite of the previous imposition under the Legislature's directive to make an equity adjustment in one thousand nine hundred ninety-nine; Department to consider salary, tenure and other relevant factors; pay adjustment to be made from funds appropriated to the Department in fiscal year two thousand five; and, Legislature's intent that the section not create causes of action"; to the Committee on Finance.
By Delegates Tabb, Beach, Crosier, Michael and Armstead:
H. B. 2415 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-37, relating to creating a voluntary checkoff on State income tax returns to donate refunds to family literacy program; specifying purposes; providing for administration; and providing for State Board rule to implement program"; to the Committee on Finance.
By Delegates Howard, Craig, Morgan, Sobonya and Leach:
H. B. 2416 - "A Bill to amend and reenact §17C-5-2 of the code of West Virginia, 1931, as amended, relating to increasing the penalty for driving under the influence causing death"; to the Committee on the Judiciary.
By Delegates Amores and Kominar:
H. B. 2417 - "A Bill to amend and reenact §17C-17-6a of the Code of West Virginia, 1931, as amended, relating to safe transport of compressed gas containers"; to the Committee on the Judiciary.
By Delegates Hamilton, Sobonya, Sumner, Duke, Hoard, Wakim and Tansill:
H. B. 2418 - "A Bill to amend and reenact §6B-2-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §6B-2-7 of said code, all relating to disclosure of political contributions by persons appointed to any State Board or Commission or any new state employee"; to the Committee on Judiciary.
By Delegate Hamilton, Hrutkay, Talbott, Romine and Sobonya:
H. B. 2419 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to concealed weapons generally; restricting public access to concealed weapons permit records"; to the Committee on the Judiciary.
By Delegates Staton and Mahan:
H. B. 2420 - "A Bill to amend and reenact §51-1-17 of the code of West Virginia, 1931, as amended; to amend and reenact §51-2-1 of said code; to amend and reenact §51-2A-2, §51-2A-8, §51-2A-10, §51-2A-11, §51-2A-12 and §51-2A-13 of said code; to amend and reenact §51-3-14 of said code; to amend and reenact §51-4-1 and §51-4-11 of said code; to amend and reenact §51-6-12 of said code; and to amend and reenact §51-8-8 and §51-8-9 of said code, all relating to including family courts into certain jurisdictional references of the clerk of the circuit court by changing the official title of the clerk of the circuit court to clerk of the courts"; to the Committee on the Judiciary.
By Delegates Howard and Hamilton:
H. B. 2421 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-8G-1, §61-8G-2, §61-8G-3, §61-8G-4, §61-8G-5, §61-8G-6 and §61-8G-7, all relating to the operation and activities of sexually oriented businesses; criminal penalties"; to the Committee on the Judiciary.
By Delegates Sumner, Frich, Howard and Sobonya:
H. B. 2422 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to providing a separate offense when a person causes death or serious injury to an unborn child while attempting to cause death or serious bodily injury to a pregnant woman, and provides for a penalty"; to the Committee on the Judiciary.
By Delegates Amores and Brown:
H. B. 2423 - "A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation of family court judges"; to the Committee on the Judiciary then Finance.
By Delegates Webster, Mahan, Kominar, Stemple and Michael:
H. B. 2424 - "A Bill to amend and reenact §61-5-27a of the code of West Virginia, 1931, as amended, relating to providing that the term "impersonation" of a public official or employee includes the act of operating a motor vehicle which falsely displays an official emblem or other marking connoting government sponsorship"; to the Committee on the Judiciary.
By Delegates Perry, Stemple, Crosier and Beach:
H. B. 2425 - "A Bill to amend and reenact §62-1A-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §62-1A-10, all relating to providing a statutory good faith exception for evidence obtained during the execution of a search warrant, arrest warrant or capias, which is later determined to be invalid"; to the Committee on the Judiciary.
By Delegates Williams, Stemple, Cann and Varner:
H. B. 2426 - "A Bill to amend and reenact §61-3-39g of the Code of West Virginia, 1931, as amended, relating to notifying persons from out-of-state who issue worthless checks in this state and who, after being sent a summons upon a misdemeanor complaint, fail to pay the check and applicable fine or fail to appear in court, that a notice of their failure will be sent to the Division of Motor Vehicles to be dealt with according to existing law"; to the Committee on the Judiciary.
By Delegates Louisos and Sumner:
H. B. 2427 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission; providing for removal and election of Commissioners; and setting terms of office for elected Commissioners"; to the Committee on the Judiciary.
By Delegates Spencer, Amores, Beane and Perdue:
H. B. 2428 - "A Bill to amend and reenact §50-1-11 of the Code of West Virginia, 1931, as amended, relating to the location of magistrate courts generally; and providing that magistrate court may be temporarily held in various locations throughout the county"; to the Committee on the Judiciary.
By Delegates Spencer, Palumbo, Webster and Amores:
H. B. 2429 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-32, relating to providing relief from property taxes when real property is damaged or destroyed in a disaster, which results in a declaration of same from either the Governor or the President of the United States"; to the Committee on the Judiciary then Finance.
By Delegate Mahan:
H. B. 2430 - "A Bill to amend and reenact §17C-15-49 of the code of West Virginia, 1931, as amended, relating to removing the provision of the code that prohibits primary enforcement by police action of the legal requirement to wear a seatbelt"; to the Committee on the Judiciary.
By Delegates Marshall, Houston and Beach:
H. B. 2331 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-6a, relating to establishing the offense of setting fires in a public right-of-way or road; providing a criminal penalty for violations; and providing for enhanced penalties for subsequent violations"; to the Committee on the Judiciary.
By Delegates Walters and Wakim:
H. B. 2432 - "A Bill to amend and reenact §11-16-19 of the Code of West Virginia, 1931, as amended, relating to the misrepresentation of age and use of false identification to purchase alcoholic liquor, nonintoxicating beer or tobacco products; requiring establishments to post signs warning of the penalty for use of false identification; and criminal penalties"; to the Committee on the Judiciary.
By Delegates Spencer and Amores:
H. B. 2433 - "A Bill to amend and reenact §3-5-7 of the code of West Virginia, 1931, as amended, relating to allowing candidates for county-wide office the option of filing with either the county clerk or the Secretary of State"; to the Committee on the Judiciary.
By Delegates Frederick, H. White, Ron Thompson and Stalnaker:
H. B. 2434 - "A Bill to amend and reenact §22-3-2 and §22-3-4 of the code of West Virginia, 1931, as amended, all relating to requiring the secretary of the Department of Environmental Protection to adopt the federal regulations governing surface coal mining activities; and providing that any legislative rules proposed by the West Virginia Department of Environmental Protection for the purposes of permitting and regulating mining operations may be no more stringent than the federal regulations promulgated by the office of surface mining reclamation and enforcement"; to the Committee on the Judiciary.
By Delegates Frederick, Long and Kominar:
H. B. 2435 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-12B-1, §55-12B-2, §55-12B-3, §55-12B-4, §55-12B-5, §55- 12B-6, §55-12B-7 and §55-12B-8, all relating to creating the "West Virginia Joint Coal Owners Trust and Conservation Act"; and to provide a more expedient method of securing coal leases when multiple owners have an interest"; to the Committee on to the Judiciary.
By Delegates Fragale and Iaquinta:
H. B. 2436 - "A Bill to amend and reenact §25-4-6 of the Code of West Virginia, 1931,as amended, relating to young adult offenders; defining "felony offense" to include a plea of guilty to a misdemeanor as the result of bargaining down from a felony charge"; to the Committee on the Judiciary.
By Delegates Hrutkay, Martin and H. White:
H. B. 2437 - "A Bill to amend and reenact §11-8-5 of the Code of West Virginia, 1931, as amended, relating to classification of real property generally and providing an exception for two years to allow heirs to sell estate before classifying estate property as Class III or Class IV property"; to the Committee on the Judiciary then Finance.
By Delegates Tabb, Doyle and Stemple:
H. B. 2438 - "A Bill to amend and reenact §17C-5B-1 of the Code of West Virginia, 1931, as amended, relating to requiring a preliminary breath analysis for the purpose of determining the blood alcohol content of a surviving driver"; to the Committee on the Judiciary.
By Delegates Staton and Amores:
H. B. 2439 - "A Bill to amend and reenact §24-2-4a of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission's procedure for changing rates; and, clarifying that the Public Service Commission may permit rates to become effective prior to the end of a suspension period"; to the Committee on the Judiciary.
By Delegates Howard, Hamilton, Crosier and Craig:
H. B. 2440 - "A Bill to amend and reenact §62-11B-7a of the Code of West Virginia, 1931, as amended, relating to home incarceration supervisors; and authorizing the power to arrest persons who obstruct them in the performance of their duties"; to the Committee on the Judiciary.
By Delegates Beach, Perry and Stemple:
H. B. 2441 - "A Bill to amend and reenact §61-3B-2 and §61-3B-3 of the Code of West Virginia, 1931, as amended, all relating to increasing the fines for trespass to structures and conveyances and to all other tangible properties"; to the Committee on the Judiciary.
By Delegates Amores, Doyle and Brown:
H. B. 2442 - "A Bill to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, relating to prohibiting crimes against a person or his or her property because of a bias against that person; including disability and sexual orientation to list of persons protected pursuant to this section; includes actual or perceived in describing persons protected; altering elements of criminal acts; removing provisions relating to conspiracy; providing criminal penalties; and providing that free speech and expression of religious beliefs are not subject to the provisions of this section"; to the Committee on the Judiciary.
By Delegates Staton, Amores, Campbell, Mahan and G. White:
H. B.2443 - "A Bill to amend and reenact §3-2-5 of the code of West Virginia, 1931, as amended, all relating to the request for an applicant's e-mail address on application for voter registration"; to the Committee on the Judiciary.
By Delegates Palumbo, Pethtel, Stemple, Craig and Amores:
H. B. 2444 - "A Bill to amend and reenact §17B-1-1 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17C-1-67; and to amend and reenact §17C-5A-3a of said code, all relating to mandatory participation in the motor vehicle alcohol test and lock program for repeat offenders"; to the Committee on the Judiciary.
By Delegates Sumner, Sobonya, Wakim, Frich, Schoen and Ellem:
H. B. 2445 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-5B-1, §7-5B-2, §7-5B-3, §7-5B-4, §7-5B-5, §7-5B-6 and §7-5B-7; to amend said code by adding thereto a new article, designated §8-13D-1, §8-13D-2, §8-13D-3, §8-13D-4, §8-13D-5, §8-13D-6 and §8-13D-7; to amend said code by adding thereto a new section, designated §11-1C-1c; to amend said code by adding thereto a new section, designated §11-5-15; to amend and reenact §11-6-13, §11-6-14, §11-6-15, §11-6-18, §11-6-19, §11-6-20, §11-6-21, §11-6-22 and §11-6-23 of said code; to amend said code by adding thereto a new section, designated §11-6D-9; to amend said code by adding thereto a new section, designated §11-6F-7; to amend said code by adding thereto four new sections, designated §11-8-1a, §11-8-2a and §11-8-3a; to amend and reenact §11-8-4, §11-8-5, §11-8-6, §11-8-6a, §11-8-6b, §11-8-6c, §11-8-6d, §11-8-6e, §11-8-6f, §11-8-12, §11-8-12a, §11-8-13, §11-8-16, §11-8-17 and §11-8-24 of said code; to amend and reenact §11-9-2 of said code; to amend and reenact §11-10-3 of said code; to amend said code by adding thereto a new section, designated §11-10-11b; to amend and reenact §11-12-1, §11-12-26 and §11-12-75 of said code; to amend and reenact §11-13-2e and §11-13-2o of said code; to amend and reenact §11-13A-2, §11-13A-3 and §11-13A-20a of said code; to amend and reenact §11-13B-3 of said code; to amend said code by adding thereto a new section, designated §11-13B-19; to amend said code by adding thereto a new section, designated §11-13C-17; to amend said code by adding thereto a new section, designated §11-13D-11; to amend said code by adding thereto a new section, designated §11-13E-8; to amend said code by adding thereto a new section, designated §11-13F-6; to amend said code by adding thereto a new section, designated §11-13G-6; to amend said code by adding thereto a new section, designated §11-13J-13; to amend said code by adding thereto a new section, designated §11-13K-7; to amend said code by adding thereto a new section, designated §11-13N-13; to amend said code by adding thereto a new section, designated §11-13Q-22; to amend said code by adding thereto a new section, designated §11-13R-13; to amend said code by adding thereto a new section, designated §11-13S-11; to amend said code by adding thereto a new section, designated §11-15-34; to amend said code by adding thereto a new section, designated §11-15A-30; to amend said code by adding thereto a new article, designated §11-15C-1, §11-15C-2, §11-15C-3, §11-15C-4, §11-15C-5, §11-15C-6, §11-15C-7, §11-15C-8, §11-15C-9, §11-15C-10, §11-15C-11, §11-15C-12, §11-15C-13, §11-15C-14, §11-15C-15, §11-15C-16, §11-15C-17, §11-15C-18, §11-15C-19, §11-15C-20, §11-15C-21, §11-15C-22, §11-15C-23, §11-15C-24, §11-15C-25 and §11-15C-26; to amend said code by adding thereto a new section, designated §11-19-13; to amend said code by adding thereto two new sections, designated §11-21-8i and §11-21-96; to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11-21A-17, §11-21A-18, §11-21A-19, §11-21A-30, §11-21A-31, §11-21A-32, §11-21A-33, §11-21A-34, §11-21A-35, §11-21A-36, §11-21A-37, §11-21A-38, §11-21A-51, §11-21A-52, §11-21A-53, §11-21A-54, §11-21A-55, §11-21A-56, §11-21A-57, §11-21A-58, §11-21A-59, §11-21A-60, §11-21A-61, §11-21A-71, §11-21A-72, §11-21A-73, §11-21A-74, §11-21A-75, §11-21A-76, §11-21A-77, §11-21A-78, §11-21A-79, §11-21A-80 and §11-21A-81; to amend said code by adding thereto a new section, designated §11-23-29; to amend said code by adding thereto two new sections, designated §11-24-23h and §11-24-43; to amend said code by adding thereto a new section, designated §11-27-37; to amend said code by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11-28-6, §11-28-7, §11-28-8, §11-28-9, §11-28-10, §11-28-11, §11-28-12, §11-28-13, §11-28-14, §11-28-15, §11-28-16, §11-28-17, §11-28-18, §11-28-19, §11-28-20 and §11-28-21; and to amend said code by adding thereto a new section, designated §17A-3-4a, all relating generally to the comprehensive reform of the State's tax laws; granting county governments more flexibility in raising revenues; granting municipalities more flexibility in raising revenues; providing for the phase-out of ad valorem taxation of tangible personal property; allocating the revenues from ad valorem taxation of the property of public service businesses exclusively to the state; prospectively terminating the alternate-fuel motor vehicle tax credit; prospectively terminating the special method for appraising qualified capital additions to manufacturing facilities; revising the allocation of the authority to lay levies of ad valorem property taxes; extending the applicability of the tax crimes and penalties act to general excise tax, progressive income tax and business activities and profits tax; extending the applicability of the tax procedure and administration act to general excise tax, progressive income tax and business activities and profits tax; increasing the rate of tax on corporations with substantial land holdings and providing a credit against tax for severance taxes paid; phasing out business and occupation tax on the business of gas storage; phasing down the rate of business and occupation tax on the business of generating or selling electricity; terminating the imposition of tax on certain health care services; phasing out telecommunications tax; prospectively terminating the credits for business investment and jobs expansion, industrial expansion and revitalization, research and development, certain housing development, management information services facilities, facilities producing coal-based liquids, aerospace facilities and coal-loading facilities; reducing electric and natural gas utility rates for low-income customers; reducing telephone utility rates for low-income residential customers, neighbor investment and agricultural equipment; prospectively terminating the economic opportunity, strategic research and manufacturing investment tax credits; preserving the economic benefit of all terminated credits for taxpayers who gained entitlement to such credits prior to their termination; terminating consumers sales and service tax and use tax; imposing general excise tax; terminating soft drinks tax; terminating personal income tax; imposing progressive income tax; terminating business franchise tax; terminating corporation net income tax; phasing out health care provider tax; imposing business activities and profits tax; terminating motor vehicle title privilege tax; and providing an effective date of all such enactments based on the voters' ratification of the fair taxation amendment to the Constitution of West Virginia"; to the Committee on the Judiciary then Finance.
By Delegates Staton, Amores, Campbell, Mahan and G. White:
H. B.2446 - "A Bill to amend and reenact §61-3-39l of the code of West Virginia, 1931, as amended, all relating to the display of the date a consumer deposit account was opened on all checks, drafts or similar orders of withdrawal that may be used for drawing against funds held in the account"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Staton, Amores, Campbell, Mahan and G. White:
H. B.2447 - "A Bill to repeal §16-22-6 of the code of West Virginia, 1931, as amended; and to amend and reenact §16-22-3 and §16-22-5 of said code, all relating to tests for congenital adrenal hyperplasia (CAH),biotinidase deficiency, maple syrup urine disease, homocystinuria, sickle cell anemia, medium chain acyl-CoA dehydrogenase deficiency (MCAD) in newborn children and payment for the same"; to the Committee on Health and Human Resources then Finance.
By Delegates Staton, Amores, Campbell, Mahan and G. White:
H. B.2448 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-58, all relating to criminal offenses involving the theft of mail matter"; to the Committee on the Judiciary.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
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.
On the passage of the bills, the yeas and nays were taken (Roll No. 25), 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: Beach, Blair and Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2102 and H. B. 2129) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence therein.
Delegate Beach announced that he was absent when the vote was taken on Roll No. 25, and that had he been present he would have voted "Yea" thereon..
FIRST READING
H. B. 2286, Relating to the sounding of Taps at veteran's honors funerals; on first reading, coming up in regular order, was read a first time and ordered to a second reading.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:
H. B. 2286, on second reading, Consent Calendar, to the House Calendar, by Mr. Speaker. House Calendar
Unfinished Business
H. R. 6, Amending the rules of the House of Delegates by adding thereto a new rule, relating to prohibiting the use of electronic communication devices; coming up in regular order, as unfinished business, was reported by the Clerk and adopted..
Com. Sub. for H. R. 7, Amending Rule 104 of the Rules of the House of Delegates, providing that failure of the Clerk to timely provide a printed or reproduced bill or lack thereof in electronic format for the Chamber Automation System shall not be cause for delaying action on a bill; coming up in regular order, as unfinished business, was, at the request of Delegate Staton, laid over one day.
Com. Sub. for H. R. 8, Amending the Rules of the House of Delegates by adding thereto a new rule, relating to attire of persons admitted to the floor; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Third Reading
Com. Sub. for H. B. 2015, Providing employer immunity from civil liability for job related information disclosed regarding former employees.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 28), and there were--yeas 80, nays 17, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Argento, Barker, Butcher, Canterbury, Caputo, Eldridge, Hrutkay, Hunt, Longstreth, Louisos, Manchin, Marshall, Martin, Porter, Roberts, Susman and Tucker.
Absent And Not Voting: Beach, Blair and Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2015) 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. 2128, Authorizing the Executive Director of the Regional Jail and Correctional Facility Authority to establish an inmate furlough program.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 29), 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: Blair and Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2128) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 16 - "Encouraging the Bureau for Public Health to work collaboratively with health care providers and consumer advocates throughout the State of West Virginia in the fight against chronic kidney disease."
Whereas, Chronic kidney disease is a debilitating condition that affects one in nine Americans; and
Whereas, Estimates indicate that approximately 60,000 West Virginians are likely to have moderate to severe kidney insufficiency; and
Whereas, This disease progresses in five identifiable stages from minor or moderate loss of kidney function to kidney failure in which the body can no longer process certain toxins or properly regulate blood pressure or critical nutrients; and
Whereas, In Stage Five of the disease, known as end-stage renal failure, the patient must undergo dialysis several times a week or receive a kidney transplant; and
Whereas, According to the most recent report from the United States Renal Data System Annual Report, diabetics suffer from chronic kidney disease at five times the overall rate of chronic kidney disease in the United States; and
Whereas, Persons over age 65 develop advanced kidney failure nearly three times the rate of those younger than age 65; and
Whereas, Chronic kidney disease is projected to cost the national health care system $20 billion by the year 2010; and
Whereas, Following years of research, clinicians now have a simple and cost-effective means of identification and diagnosis of chronic kidney disease in its early stages and its associated morbidities, including cardiovascular disease which could save the lives of countless West Virginians, improve patient quality of life, delay the onset of end-stage renal failure and reduce health care expenditures; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby encourages the Bureau for Public Health work collaboratively with health care providers and consumer advocates throughout the State of West Virginia in the fight against chronic kidney disease; and, be it
Further Resolved, That the Legislature hereby encourages the Bureau for Public Health develop a plan for early identification, evaluation and management of patients with chronic kidney disease; and, be it
Further Resolved, That the Legislature hereby encourages the Bureau for Public Health prepare information for physicians and other health care providers regarding generally accepted guidelines of clinical care in the early identification and clinical management of individuals at the highest risk for chronic kidney disease; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Health and Human Resources.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (S. C. R. 16) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Miscellaneous Business
Delegate Browning announced that he was absent on yesterday when the vote was taken on Roll No. 24, and that had he been present, he would have voted "yea" thereon.
Delegate Hatfield asked and obtained unanimous consent that the remarks of Delegate Brown regarding budget cuts by the Bush administration which directly involves children be printed in the Appendix to the Journal.
Delegate Hall asked and obtained unanimous consent that the remarks of Delegate Trump regarding budget cuts by the Bush administration be printed in the Appendix to the Journal.
Delegate Hall also asked and obtained unanimous consent that the remarks of Delegate Carmichael regarding the current administration in Washington and its budgetary matters be printed in the Appendix to the Journal.
Delegate Hunt asked and obtained unanimous consent that the remarks of Delegate Spencer, concerning a bill to be introduced under her sponsorship, which will seek to remove old and unlawful racial references from the code, be printed in the Appendix to the Journal.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Blair and Ferrell.
At 12:15 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 12:30 p.m., Thursday, February 17, 2005.