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Tuesday, February 22, 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 Monday, February 21, 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 by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Beane, Ennis, Perdue, Frich, Trump and Walters:
H. B. 2593 - "A Bill to repeal §8-24-86 and §8-24-87 of the code of West Virginia, 1931, as amended; and to amend and reenact §8A-8-11 of said code, relating to land use planning; making technical corrections by repealing superceded sections; and removing requirement of Board of Zoning Appeals to pay attorneys' fees on certain appeals."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2593) 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. 2176, Providing the offense of intimidating or harassing a judge or magistrate are also applicable to times when the judge or magistrate are off duty,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2176 - "A Bill to amend and reenact §61-5-27 of the Code of West Virginia, 1931, as amended, relating to providing the offenses of intimidating or harassing a judge or magistrate are also applicable to times when the judge or magistrate are off duty,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2176) 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. 2146, Relating to payment to magistrates who serve temporarily outside their elected counties,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for H. B. 2146) was referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2486, Creating a system for public funding of election campaigns,
And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 2486 -- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18, §3-12-19, §3-12-20, and §3-12-21, relating generally to providing a pilot project for the public funding of election campaigns for two senate districts and three single member delegate districts; setting forth as short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for seats in the Legislature, specifically two senate districts and three single member delegate districts; establishing a public campaign financing fund and sources of revenue for the fund; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing that qualified candidates shall receive funding for election campaigns from the public campaign financing fund; specifying the amount of funds available for each office and when such funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; requiring certain disclosures; setting forth provisions in the event of insufficient public funds; requiring candidates to keep records and report to the State Election Commission; providing for matching public campaign funds when an opponent spends in excess of the participating candidate's spending limits; setting forth certain duties of the State Election Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; establishing the West Virginia Citizens' Publicly Financed Elections Commission and setting forth it's duties; and setting forth an effective date and termination of the pilot project,"
With the recommendation that the committee substitute do pass.
Resolutions Introduced

Delegates Long, Spencer, Talbott, Barker, Marshall, Overington and Rowan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 15 - "Requesting that the Joint Committee on Government and Finance study the current status of mental health services for adolescents and young adults to reduce suicide rates and rates of delinquency."
Whereas, At-risk youth are more likely to attempt or to commit suicide or engage in delinquent acts; and
Whereas, Mental and behavioral health services are not adequate or available for many West Virginia youth; and
Whereas, Mental illness such as depression, like physical illnesses, is treatable; and
Whereas, Depression is the major leading cause of suicide; and
Whereas, Depression affects nearly one in every eight adolescents; and
Whereas, Suicide is the second leading cause of death for teenagers age 15 to 19; and
Whereas, Eighty percent of people who seek treatment for depression show improvement; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the current state of mental health services for adolescents and young adults, including the use of colocated health and mental health facilities in public schools and colleges and universities; and, be it
Further Resolved, That Joint Committee on Government and Finance report on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the next regular session of the Legislature; 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 Stemple offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 16 - "Providing for naming the section of West Virginia Route 16 from the intersection of West Virginia Route 16 and West Virginia Route 5, North to the Ritchie County line the "Sheriff Park D. Richards Memorial Highway."
Whereas, Park D. Richards served honorably as sheriff of Calhoun County until his untimely death at the age of sixty-two, during the line of duty in 1976; and
Whereas, On November 18, 1976, Calhoun County sheriff Park D. Richards died in the line of duty while he and State Trooper C. W. "Chuck" McDonald were serving a warrant on a dangerous and disturbed individual; and
Whereas, When Sheriff Richards and Trooper McDonald announced their intent, the individual fired a high powered rifle, striking Sheriff Richards in the throat; and
Whereas, Sheriff Richards died at the scene of the crime shortly after being shot; and
Whereas, Sheriff Richards is memorialized in a plaque memorial which hangs on one of the pillars at the Calhoun County Courthouse; and
Whereas, Sheriff Richards is memorialized as one of the names which appears on "Fallen Partner," the State of West Virginia's Statue Memorial to West Virginia Police Officers killed in the line of duty, located outside the Cultural Center at the Capitol Complex in Charleston; and
Whereas, There is an online memorial to Sheriff Richards, hosted by The Officer Down Memorial Page, Inc. where he is honored with the 17,344 United States police officers who have died in the country to date; and
Whereas, Those who knew Richards can leave remembrances of him at www.odmp.org; and
Whereas, The Town of Grantsville has declared November 18 as Sheriff Park Richards Day, and a wreath will be hung beneath his plaque at the Calhoun County Courthouse annually; therefore, be it
Resolved by the Legislature of West Virginia:
That the section of West Virginia Route 16 from the intersection of West Virginia Route 16 and West Virginia Route 5, North to the Ritchie County line be named the "Sheriff Park D. Richards Memorial Highway" and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be manufactured appropriate signs with the prominent display of the words "Sheriff Park D. Richards Memorial Highway" and to erect same along the section of West Virginia Route 16 from the intersection of West Virginia Route 16 and West Virginia Route 5, North to the Ritchie County line, West Virginia.
Mr. Speaker, Mr. Kiss and Delegates Varner, Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Browning, Butcher, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Leggett, Long, Longstreth, Louisos, Manchin, Martin, Morgan, Overington, Palumbo, Paxton, Perdue, Pethtel, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Swartzmiller, Tabb, Tansill, Rick Thompson, Trump, Tucker, Wakim, Walters, Webster, Wells, Gil White, Williams, and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 17 - "Requesting The Joint Committee on Government and Finance to make a study of issues involving volunteer firefighters, recruitment and retention of volunteer firefighters and the ability of communities to support volunteer fire fighting companies."
Whereas, Volunteer firefighters provide an essential and compellingly important service and contribution to the well-being and preservation of the assets of this State; and
Whereas, Volunteer firefighters work selflessly and courageously without remuneration or the promise of remuneration risking injury and death to protect their fellow citizens; and
Whereas, It is becoming more and more difficult for communities to find and retain volunteer firefighters to meet current and future needs; and
Whereas, It is essential that the State review the ability of volunteer fire companies to recruit, retain and support the activities of volunteer firefighters in order to avert a potential crisis for many communities across the State; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study the issues involving volunteer firefighters, recruitment of volunteer firefighters and retention of voluntary firefighters and the ability of communities to support volunteer fire fighting companies; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary, to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Sobonya, Overington and Frich:
H. J. R. 8 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 36, article VI thereof, relating to lotteries; placing a moratorium upon the authorization by the Legislature of lotteries utilizing new forms of gambling or gaming and upon the authorization of any new lotteries not previously authorized by general law; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision and then the Judiciary.
Delegates Overington, Wakim, Hamilton, Howard, Anderson, Schadler, Walters, Louisos, Duke, Sumner, Sobonya, Frich, Stevens, Tansill, Blair, Armstead and Carmichael offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 15 - "Amending House Rule No. 94 relating to joint sponsors of a bill."
Resolved by the House of Delegates:
That House Rule No. 94 be amended to read as follows:
Joint Sponsors of Bill.
94. A bill may be introduced bearing the names of not more than seven twenty-five members as joint sponsors of the bill.
Petitions

Delegates G. White and Browning presented a petition, signed by two hundred thirty-two residents of the State, requesting a pay raise for all magistrate court clerks, deputies and assistants; which was referred to the Committee on Finance.
Delegates Poling, Hamilton and Stalnaker presented a petition, signed by five hundred forty residents of Upshur County, in support of the Parent's Right to Know Act; which was referred to the Committee on the Judiciary.
Delegates Poling, Hamilton and Stalnaker presented a petition, signed by six hundred fifty- six residents of Upshur County, in support of the Unborn Victims of Violence Act; which was referred to the Committee on the Judiciary.
Delegate Hamilton presented a petition, signed by thirty residents of Upshur County, requesting the water service be provided to the Indian Camp Community; which was referred to the Committee on Finance.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Williams:
H. B. 2588 - "A Bill to amend and reenact §18-7A-13b of the code of West Virginia, 1931, as amended, relating to the State Teachers Retirement System; and providing service credit for employment with the cooperative extension service of West Virginia University before the twenty-seventh day of June, two thousand five"; to the Committee on Pensions and Retirement then Finance.
By Delegate Williams:
H. B. 2589 - "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931, as amended, relating to State Teachers Retirement System generally and providing that at the time of retirement, some nonnative members of the Teachers Retirement System with fifteen or more years of credited service receive service credit for any unused personal leave days which were accumulated while an active member of the retirement system"; to the Committee on Pensions and Retirement then Finance.
By Delegates Amores, Caputo, Doyle and Perdue:
H. B. 2590 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3- 12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18, §3-12-19, §3-12-20, §3-12-21, §3-12-22, §3-12-23 and §3-12-24, all relating to elections generally; establishing the West Virginia clean elections act; providing that the provisions of the act are applicable to candidates for the office of governor and candidates for seats in the Legislature; setting forth certain legislative findings and declarations; defining certain terms; setting forth eligibility criteria for qualifying party-independent candidates; requiring qualifying candidates to comply with all provisions of the act; prohibiting participating candidates from accepting private contributions other than specifically set forth in the act; requiring candidates to keep records and report to the state election commission; prohibiting the use of personal funds for certain purposes; providing for seed money contributions; requiring the state election commission to certify eligible candidates; providing that qualified candidates shall receive funding for election campaigns from the clean elections fund; specifying amounts of such funds for each office; requiring certain disclosures; setting forth certain duties of the state election commission; establishing a clean elections fund; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date"; to the Committee on the Judiciary then Finance.
By Delegate Romine:
H. B. 2591 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §33-42-9 and §33-42-10, all relating to the care of aborted fetuses; requiring medical facilities that provide abortions to administer anesthesia to an unborn fetus when aborted, if it is older than seven weeks; requiring all available medical means to be used to preserve the life of a fetus if it is alive when aborted; and providing criminal penalties for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Beane, Spencer, Cann and Michael:
H. B. 2592 - A Bill to amend and reenact §5-22A-2, §5-22A-3, §5-22A-4, §5-22A-5, §5-22A-6, §5-22A-7, §5-22A-8, §5-22A-10, §5-22A-11 and §5-22A-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §5-22A-9a and §5-22A-9b, all relating to the design-build procurement act generally, defining certain terms, establishing a system for issuing invitations for qualifications, providing for reimbursement of expenses of members of design-build board, modifying the duties and responsibilities of the design-build board, requiring that the most qualified design-builder be selected, adding additional criteria for rules, requiring that the design-builder assign responsibility to duly licensed design professional, prohibiting the performance criteria developer from being an employee of an agency, establishing a two-step process for selecting a design-builder, requiring agency publication of qualifications, preparation of invitations for proposals, requirements for professional liability insurance, providing a process for submitting proposals and providing that the design-build board shall continue to exist until two thousand nine"; to the Committee on Government Organization then Finance.
Consent Calendar

Third Reading

Com. Sub. for H. B. 2177,
Establishing a new license plate that designates city or municipal law-enforcement departments, on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 40), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale, Frederick and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2177) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on Consent Calendar bills and request concurrence therein.

Shortly after the passage for Com. Sub. for H. B. 2177, Delegate Ron Thompson appeared in his seat and noted to the Clerk that he would have voted "Yea" had he been present when the vote was taken.
Second Reading

H. B. 2534
, Continuation of the Tourism Commission;
on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
House Calendar

Second Reading

Com. Sub. for H. B. 2444,
Mandatory participation in the motor vehicle alcohol test and lock program for repeat offenders;
on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell, Fragale, Frederick and Ron Thompson.
Miscellaneous Business

Unanimous consent having been granted, the Clerk of the House addressed the Members concerning institutional service and the practice and tradition of the House in publically recognizing such service. At the conclusion of his remarks, the Clerk announced the years of service of various members and presented service pins to them, as follows:
5 Year Pins
Delegates Perdue, Susman and Talbott - 6 years of legislative service
Delegate Armstead - 6 years, 4 months of legislative service
Delegate Paxton - 7 years, 7 months of legislative service
Delegates Boggs, Butcher, Campbell, Caputo, Mahan, Morgan, Stemple and Tucker -- - 8 years of legislative service
10 Year Pins

Delegates Amores, Azinger, Cann, Ennis, Hall, Kominar, Schadler, Stalnaker, Ron Thompson, Walters - ten years of legislative service
Delegate H. K. White - 10years, 4 months of legislative service
Delegate Frederick - 11 years, 2 months of legislative service
Delegate Williams - 11 years, 3 months of legislative service
Delegates Anderson, Browning, Fragale, Hatfield, Leach, Pethtel, Trump, Gil White and Varner - 12 years of legislative service
Delegate Doyle - 14 years of legislative service

15 Year Pins
Speaker Kiss, and Delegates Michael, Pino and Staton - 16 years of legislative service
Delegates Spencer, Ashley, Louisos and Leggett - 18 years of legislative service
20 Year Pin
Delegate Overington - 20 years of legislative service
At the conclusion of the presentation, the Clerk congratulated all members and wished them continued success in their legislative careers. (Applause, the members rising)
At 11:41 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00 a.m., Wednesday, February 23, 2005.