__________*__________
Friday, March 4, 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, March 3, 2005, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2725, Family Protection Service Board, Perpetrator Intervention Programs Licensure
for Correctional Institutions.
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2725) was referred to
the Committee on the Judiciary.
On motions for leave, bills were introduced (Originating in the Committee on Government
Organization and reported with the recommendation that they each do pass), which were read by
their titles, as follows:
By Delegates Beane, Ennis, Yost and Frich:
H. B. 2892 - "A Bill to amend and reenact §48-18-134 of the code of West Virginia, 1931,
as amended, relating to continuation of the Bureau for Child Support Enforcement,"
And,
By Delegates Beane, Ennis, Iaquinta, Talbott and Yost:
H. B. 2893 - "A Bill to amend and reenact §16-5Q-3 of the code of West Virginia, 1931,
as amended, relating to continuation of the James 'Tiger' Morton Catastrophic Illness Commission."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills ( H. B. 2892 and H. B. 2893) 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. 2764, Relating to allowing the Board of Medicine to issue a license to a physician
convicted of certain drug related offenses,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2764, - "A Bill to amend and reenact §30-3-14 of the Code of West
Virginia, 1931, as amended, relating to allowing the Board of Medicine to issue a license to a
physician convicted of certain drug related offenses",
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. 2764) 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. 2450, Relating to a child's right to nurse,
And reports the same back with the recommendation that it do pass.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2630, Relating to National Animal Identification System,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2630) was referred to
the Committee on the Judiciary.
Resolutions Introduced
Delegates Leach, Perdue, Susman, Wells and Hall offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 27 - "Requesting the Joint Committee on Government and Finance to direct the
Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA)
to continue a study of determining the most appropriate mechanisms to reach the goal of providing
all citizens of the State of West Virginia with comprehensive, quality and affordable health care."
Whereas, It is a goal of the Legislature to see that all citizens of the State have
comprehensive quality and affordable health care; and
Whereas, The cost of health care is growing at a faster rate than any other area of service;
and
Whereas, It is estimated that by the year 2008 a basic family health insurance policy in West
Virginia may cost at least sixteen thousand dollars making it unaffordable for a majority of the
residents of the State; and
Whereas, The current health care system encourages cost shifting to the citizens who are
least able to afford the cost; and
Whereas, Twenty percent of the residents of West Virginia between nineteen and sixty-four
go without insurance at some time during the year; and
Whereas, Those that need these services the most have the largest economic, social and
educational barriers and are ultimately least able to access the health-care system; and
Whereas, The uninsured lose their health and die prematurely; and
Whereas, Uninsured children lose opportunity to develop normally and achieve
educationally due to medical conditions going untreated; and
Whereas, Families lose their peace of mind because they live with the uncertainty and anxiety of the medical and financial consequences of a serious illness or injury; and
Whereas, Communities are at risk of losing health care capacity because high rates of
uninsured can cause hospitals to reduce services, health providers to move out of the community and
cuts in public health programs due to the burden of providing care to those who cannot pay; and
Whereas, Because the system is flawed and does not provide basic health care services to
all, the consequences include unnecessary visits to the emergency room, more serious disease
outcomes due to lack of early intervention and huge financial burdens to all the citizens of West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the
Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA)to
make a continued study of the various mechanisms for reaching the goal that the Legislature has
established to provide comprehensive, quality and affordable health care to all of its citizens; and,
be it
Further Resolved, That the committee shall report to the Legislature its findings, conclusions
and recommendations, together with drafts of any legislation necessary to effectuate its
recommendations, no later than the first day of January, two thousand six; and, be it
Further Resolved, That the expenses necessary to conduct the study and to prepare
appropriate reports, recommendations and proposed legislation be paid from legislative
appropriations to the Joint Committee on Government and Finance.
Delegates Leach, Perdue, Susman, Wells and Hall offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 28 - "Requesting the Joint Committee on Government and Finance to direct the
Legislative Oversight Commission on Health and Human Resources Accountability to conduct a
continued study on the obesity epidemic in West Virginia by continuing to monitor ongoing state
activities to curtail obesity."
Whereas, About a third of adults in West Virginia are overweight and one in four are obese;
and
Whereas, The United States experienced unprecedented increases in overweight and obesity
in the last decade--reaching epidemic proportions. In 1991, no state had an obesity rate of twenty
percent or higher. As of the year 2000, twenty-two states reported obesity rates of twenty percent
or higher. These increases cut across all ages, racial and ethnic groups and both genders; and
Whereas, West Virginia ranks first among all states in obesity; and
Whereas, Forty percent of children in West Virginia are either overweight or obese, and this
prevalence has nearly tripled for adolescents in the past two decades; and
Whereas, Obesity is associated with increased mortality and risk for a number of disorders,
including cardiovascular disease, hypertension, stroke, Type II diabetes, osteoarthritis and certain
cancers; and
Whereas, Obesity has a significantly greater effect on the number of chronic conditions than
the effects of current or past smoking or problem drinking; and
Whereas, A study by Obesity Research shows the estimated adult obesity-attributable
medical expenditures in West Virginia are $588 million for the total population, $140 million for
the Medicare population, and $187 million for the Medicaid population; and
Whereas, According to the United States Centers for Disease Control and Prevention (CDC), if this trend is not reversed, obesity-related health problems and associated costs will soon
surpass those associated with tobacco; and
Whereas, Research supports the conviction that strong, healthy bodies promote learning and
enhance mental and emotional health, social development, self-esteem and overall fitness and that
coupling physical activity with an academic curriculum results in an overall increase in academic
performance among school-age children; and
Whereas, Early detection and treatment of obesity as well as an emphasis on physical and
nutritional education in childhood provides an opportunity for the development of lifelong health
and fitness skills as well as proper eating habits; and
Whereas, Obesity is a preventable and treatable disease that has reached epidemic
proportions; and education, prevention and proper treatment can reduce health care costs and
improve the quality of life for a significant number of adults and children in West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance urges the Governor of the State of
West Virginia, the Legislature of West Virginia, the Department of Health and Human Resources,
the Public Employees Insurance Agency, the Department of Education and other state agencies and
institutions to make the prevention and treatment of obesity a priority and to work in conjunction
with the Legislative Oversight Commission on Health and Human Resources Accountability
(LOCHHRA) to reduce obesity and improve the health and wellness of the residents of West
Virginia through the following measures:
(1) Working collaboratively with federal agencies, such as the United States Centers for Disease Control and Prevention and with other states to promote guidelines and best practices in the
prevention and treatment of obesity;
(2) Educating the medical community, teachers and school administrators, employers and the
general public about the scope of the problem and ways to prevent and treat obesity in adults and
children;
(3) Providing incentives and promoting the availability of obesity-related treatment in the
state Medicaid program, PEIA and other state-funded insurance programs;
(4) Identifying and implementing strategies to increase the amount of daily quality physical
activity and nutrition education in the curriculum of public schools; and
(5) Providing incentives for workplace initiatives to combat obesity and encourage physical
activity; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to
conduct a continued study of potential policies and legislation to encourage people to change their
lifestyles which would result in dramatic changes in outcome measures on obesity within five years;
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 legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Leach, Perdue, Susman, Wells and Hall
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 29 - "Requesting the Joint Committee on Government and Finance to direct the
Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA)
to continue the study of the establishment of home or community based long-term support programs
and services for disabled persons in West Virginia."
Whereas, Disabilities in no way diminish a person's right to live independently or, with
support in the most integrated setting, to enjoy self-determination and consumer-directed services,
to make choices, to contribute to society and to enjoy full inclusion and integration in the mainstream
of American society; and
Whereas, Individuals with disabilities who need long-term services and support prefer to
receive these services in home based and community based settings rather than in institutions and
nursing homes; and
Whereas, Due to funding biases, many of these individuals are forced to live in
unnecessarily segregated institutional settings in order to receive long-term medical service and
support; and
Whereas, The United States Supreme Court has ruled in Olmstead v. L. C., 527 U.S. 581
(1999) that persons with disabilities have the right to live in the most integrated setting appropriate
to each person's needs and that each state must ensure that basic civil right to citizens with
disabilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the
Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA) to continue to study the establishment of a home or community based long-term support program
or service for disabled persons; and, be it
Further Resolved, That the Joint Committee on Government and Finance consult with the
Department of Health and Human Resources and representatives of individuals with disabilities to
develop this program, including, but not limited to, eligibility criteria, program oversight, mechanism
to ensure proper funding and program components; 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 legislative appropriations to the Joint Committee on
Government and Finance.
Petitions
Delegates Campbell, Perry and Williams presented a petition, signed by seven hundred
seventy-three residents of the State, urging the Legislature to amend the law to include higher
education faculty in the Annual Experience Increment; which was referred to the Committee on
Education.
Delegate Romine presented a petition, signed by sixty-five residents of the 6th District,
requesting that the Legislature enact tougher laws regarding drunk driving; which was referred to the
Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Armstead, Sumner, Lane and Sobonya:
H. B. 2864 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9i, relating to creating a new exemption for purchases of
certain items by consumers during one weekend each quarter"; to the Committee on Finance.
By Delegates Brown, Spencer, Susman, Webster, Marshall and Longstreth:
H. B. 2865 - "A Bill to amend and reenact §18-10A-2a of the code of West Virginia, 1931,
as amended, relating to providing that rehabilitation counselors employed by the Division of
Rehabilitative Services shall be paid at an equivalent rate to public school counselors"; to the
Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Stemple, Varner, DeLong, Staton, Michael
and Kominar:
H. B. 2866 - "A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931,
as amended, relating to tuition and fees for guard members at institutions of higher education; and
providing for continuation of tuition and fee payments to members after discharge from military
service due to wounds or injuries received in the line of duty"; to the Committee on Education then
Finance.
By Delegates Armstead, Lane, Overington, Sumner and Sobonya:
H. B. 2867 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as
amended, relating to required courses of school instruction generally; instituting a "Celebrate
Freedom Week"; and requiring an in-depth instruction in the study of the Declaration of
Independence and other founding American historical documents including the Bill of Rights"; to the Committee on Education then the Judiciary.
By Delegates Staton, Beane, Wysong, Rick Thompson, Hall and Stalnaker:
H. B. 2868 - "A Bill to amend and reenact §7-7-4 of the code of West Virginia, 1931, as
amended, all relating to compensation of elected county officials and county commissioners"; to the
Committee on Political Subdivisions then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Amores, Azinger, Craig, Mahan, Armstead
and Trump:
H. B. 2869 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §31D-11-1109, relating to permit the conversion of a domestic
corporation to a domestic limited liability company"; to the Committee on the Judiciary.
By Delegates Leach, Perdue, Susman, Wells and Hall:
H. B. 2870 - "A Bill to amend and reenact §5-11A-3 and §5-11A-3a of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-
11A-3b, all relating to defining universal design, providing immunity from civil damages to a
worker, contractor, engineer or architect, who in good faith provides services or materials, without
remuneration, to build or install basic universal design features in accordance with applicable
building codes and state and federal laws; providing for a standard form informational list of basic
universal design features to be provided to a future buyer of any proposed residential housing in the
state"; to the Committee on the Judiciary.
By Delegates Perdue and Border:
H. B. 2871 - "A Bill to amend and reenact §55-7B-2 of the Code of West Virginia, 1931,
as amended, relating to definitions under the Medical Professional Liability Act"; to the Committee on the Judiciary.
By Delegates Leach, Perdue, Susman, Wells and Hall:
H. B. 2872 - "A Bill to amend and reenact §5-16B-6 of the Code of West Virginia, 1931,
as amended, relating to expanding coverage in the Children's Health Insurance Program up to three
hundred percent of the federal poverty level"; to the Committee on Health and Human Resources
then Finance.
By Delegates Perdue, Hatfield, Marshall, Martin and Butcher:
H. B. 2873 - "A Bill to amend and reenact §11-13Q-2 and §11-13Q-3 of the Code of West
Virginia, 1931, as amended, all relating to the economic opportunity tax credit; finding that creating
jobs with health care benefits promotes the public interest and the general welfare; and requiring that
eligible taxpayers provide certain health care benefits to their employees in this state"; to the
Committee on Health and Human Resources then Finance.
By Delegates Williams and Stemple:
H. B. 2874 - "A Bill to amend §20-2-5 of the Code of West Virginia, 1931, as amended,
relating to use of red colored artificial light when hunting coyotes"; to the Committee on Agriculture
and Natural Resources then the Judiciary.
By Delegates Williams and Stemple:
H. B. 2875 - "A Bill to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as
amended, relating to providing criminal penalties for wounding or killing a person while pursuing,
taking or killing wild animals or wild birds while under the influence of alcohol, controlled
substances or drugs; and, permitting court-ordered restitution"; to the Committee on Agriculture and
Natural Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Perdue, Michael, Campbell and Leach:
H. B. 2876 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-3-37b, relating to creating a preference in state purchasing for
vendors who certify that they provide health insurance benefits to their employees; and authorizing
the Insurance Commissioner to promulgate rules setting forth the criteria that must be met in order
to obtain such certification"; to the Committee on Government Organization then Finance.
By Delegates Stemple, Proudfoot, Varner and Pethtel:
H. B. 2877 - "A Bill to amend and reenact §6-6-7 of the code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated as §6-6-7a, all relating
generally to providing procedure for removal of county, district or municipal officers; providing
procedure for removal of members appointed to county or municipal boards, authorities or
commissions for a fixed term; requiring written notice of intent to remove; allowing appointed
member to object in writing to removal; requiring a hearing when member objects to removal;
requiring written decision after a removal hearing to include findings of fact and conclusions of law
removing or refusing to remove member of board, authority or commission; setting time periods for
certain actions; authorizing appeal of decision to circuit court; requiring written decision removing
member who does not respond to notice of intent to remove; authorizing appointment of member
to fill vacancy of removed member; and making technical corrections"; to the Committee on Political
Subdivisions then the Judiciary.
By Delegates H. White, Ron Thompson, Hrutkay, Perry, Azinger and G. White:
H. B. 2878 - "A Bill to amend and reenact §33-41-8 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto two new sections, designated §33-41-4a and §33-41-8a, all relating to insurance fraud; permitting the fraud unit to investigate the forgery of
insurance documents; permitting the Insurance Commissioner to accept gifts and other property;
exempting fraud unit employees from liability under certain circumstances; designating the fraud
unit a criminal justice agency for purposes of access to information; and requiring background
checks of applicants for employment with the fraud unit"; to the Committee on Banking and
Insurance then the Judiciary.
By Delegates Stemple, Varner, Williams, Kominar, Michael, Palumbo and Wysong:
H. B. 2879 - "A Bill to amend and reenact §15-2D-7 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Director of the Division of Protective Services to assess,
charge and collect fees from state spending units for services"; to the Committee on Finance.
By Delegates Poling:
H. B. 2880 - "A Bill to amend and reenact §30-10-4 of the Code of West Virginia, 1931, as
amended, relating to veterinarians generally; setting forth responsibilities of the Board of Veterinary
Medicine to support low-cost animal spay and neuter programs; and providing for waivers of rules
for veterinarians providing low-cost animal spay and neuter services in mobile vans"; to the
Committee on Agriculture and Natural Resources then Government Organization.
By Delegate Poling:
H. B. 2881 - "A Bill to amend and reenact §48-1-230 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto two new sections, designated §48-18-119a
and §48-18-119b, all relating to child support generally; providing for liens upon proceeds or awards
of a child support obligor from Workers' Compensation awards; authorizing cooperation with
insurance companies; and providing for the filing of a lien or income withholding order against a future insurance claim settlement of a child support obligor"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 2882 - "A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as
amended, relating to requiring that a contracting public entity may not reject the lowest bid unless
relevant criteria exists which justifies the rejection of the bid and the relevant criteria are sufficiently
set forth in the documented writing required when a low bid is rejected by a public contracting
entity"; to the Committee on Government Organization then the Judiciary.
By Delegates Beach, Proudfoot and Canterbury:
H. B. 2883 - "A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as
amended, relating to the environmental protection advisory council generally; increasing the
membership of the council to nine members, specifying represented organizations and entities; and
making certain procedural changes in board activities"; to the Committee on Government
Organization then the Judiciary.
By Delegates Beach, Perry, Stemple, Williams, Campbell and Michael:
H. B. 2884 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as
amended, relating to gradually exempting from taxation personal property which is employed
exclusively in agriculture; and gradually exempting from taxation agricultural products owned by
the producer"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Long and Hatfield:
H. B. 2885 - "A Bill to repeal §16-3-4a of the Code of West Virginia, 1931,
as amended; to repeal §26-5A-1, §26-5A-2, §26-5A-3, 26-5A-4, 26-5A-5, §26-5A-6 and §26-5A-7
of said code; and to amend said code by adding thereto a new article, designated §16-3D-1, §16-3D-2, §16-3D-3, §16-3D-4, §16-3D-5, §16-3D-6, §16-3D-7, §16-3D-8, §16-3D-9 and §16-3D-10, all
relating to tuberculosis testing, control, treatment and commitment"; to the Committee on Health and
Human Resources then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2886 - "A Bill to amend and reenact §46A-6-102 and §46A-6-106 of the Code of West
Virginia, 1931, as amended, all relating to cure offers; providing definitions; requiring notice of
violation prior to initiation of law suits; tolling of statute of limitation during sixty-day period for
consideration of cure offer proposal; and limiting recovery to attorney's fees"; to the Committee on
the Judiciary.
By Delegates Long, Stemple and Crosier:
H. B. 2887 - "A Bill to amend and reenact §17C-16-8 of the Code of West Virginia, 1931,
as amended, relating to creating a felony offense for making, issuing or using counterfeit auto
inspection stickers; and providing a penalty for such violation"; to the Committee on Roads and
Transportation then the Judiciary.
By Delegate Border:
H. B. 2888 - "A Bill to amend and reenact §16-2F-3 of the Code of West Virginia, 1931, as
amended, relating to requiring that abortion providers notify the parents of a minor seeking an
abortion forty-eight hours before performing the procedure"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Williams, Stemple, Michael, Cann and Anderson:
H. B. 2889 - "A Bill to amend and reenact §22-11-7b of the code of West Virginia, 1931, as amended; that §22-12-4 of said code be amended and reenacted; and to amend and reenact §22B-3-2
and §22B-3-4 of said code, all relating to water quality standards generally; transferring authority
to propose rules relating to water quality standards from the Environmental Quality Board to the
Department of Environmental Protection; providing that the current rule remains in force and effect
until amended by the Department of Environmental Protection; establishing some requirements for
water protection; providing that meetings to develop water quality standards be open with certain
exceptions; authorizing the Secretary to promulgate standards of purity and quality for groundwater;
establishing the maximum containment levels permitted for groundwater; providing that the current
ground water standard remains in effect until modified by the Secretary; and continuing the authority
of the Environmental Quality Board to issue remining variances"; to the Committee on the Judiciary.
By Delegate DeLong:
H. B. 2890 - "A Bill to amend and reenact §20-2-5 of the code of West Virginia, 1931, as
amended, relating generally unlawful methods of hunting and fishing; and making it unlawful to hunt
or conduct hunts for a fee where the hunter is not in the same physical location as the wildlife"; to
the Committee on Agriculture and Natural Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2891 - "A Bill to repeal §5-1B-1, §5-1B-2, §5-1B-3, §5-1B-4, §5-1B-5, §5-1B-6, §5-
1B-7 and §5-1B-8 of the code of West Virginia, 1931, as amended; to repeal §5-26-1, §5-26-2, §5-
26-2a, §5-26-2b, §5-26-3, §5-26-4, §5-26-5, §5-26-6 and §5-26-8 of said code; to repeal §18A-3A-1,
§18A-3A-2, §18A-3A-2a, §18A-3A-2b, §18A-3A-3 and §18A-3A-4 of said code; to amend said
code by adding thereto a new article, designated §5A-6-1, §5A-6-2, §5A-6-3, §5A-6-4, §5A-6-5, §5A-6-6, §5A-6-7, §5A-6-8; to amend and reenact §5A-7-4 of said code; to amend and reenact §5A-
8-15 of said code; to amend and reenact §5B-3-4 and §5B-3-5 of said code; to amend and reenact
§9-1-2 of said code; to amend said code by adding thereto four new sections, designated §9-2-6b,
§9-2-6c, §9-2-6d and §9-2-6e of said code; to amend said code by adding thereto a new section,
designated §9-4-1a of said code; to amend and reenact §10-5-2 of said code; to amend and reenact
§11-10A-6 and §11-10A-7 of said code; to amend and reenact §16-5K-2 and §16-5K-4 of said code;
to amend and reenact §17-16A-3 and §17-16A-10 of said code; to amend and reenact §18-2-23a of
said code; to amend and reenact §18-2E-3g and §18-2E-5 of said code; to amend and reenact §18-
2I-3 and §18-2I-4 of said code; to amend and reenact §18-5-18d of said code; to amend and reenact
§18A-1-1 of said code, to amend and reenact §18A-2-9 and §18A-2-12 of said code; to amend and
reenact §18A-3-1, §18A-3-2b and §18A-3-2c of said code; to amend and reenact §18A-3A-5 of said
code; and to amend and reenact §49-9-3 and §49-9-15 of said code; all relating to the reorganization
of the executive branch of state government; transferring the Office of Technology from the Office
of the Governor to the Department of Administration; providing that the Director of Information
Services and Communications Division shall report to the Chief Technology Officer; defining certain
terms; providing additional duties for the Secretary of Health and Human Resources; transferring
the Citizen's Advisory Council and the Children's Fund from the Governor's Cabinet on Children
and Families to the Department of Health and Human Resources; making technical corrections
throughout the code; providing for the appointment, powers and duties of the Educational
Broadcasting Authority; providing for the appointment, powers, duties and authority of the executive
director of the Educational Broadcasting Authority; providing for the appointment, powers and
duties of the Parkways, Economic Development and Tourism Authority; providing for the appointment, powers, duties, authority and compensation of the Executive Director of the Parkways,
Economic Development and Tourism Authority; modifying the term of the chief administrative law
judge of the Office of Tax Appeals; providing that the Governor has the authority to appoint two
administrative law judges to the Office of Tax Appeals; providing that the Department of Education
shall create a master plan for professional staff development; providing that the Advanced Placement
Center shall be in the Department of Education and the Arts; and establishing the Principals
Academy within the Department of Education"; to the Committee on Government Organization then
Finance.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2471, Establishing a financial responsibility program for inmates,
Com. Sub. for H. B. 2476, Relating generally to parole and parole proceedings,
H. B. 2482, Relating to including jails within the context of certain criminal acts by
incarcerated persons,
H. B. 2483, Repeal the section of the West Virginia Code relating to escape of convicts and
rewards,
And,
H. B. 2495, Repeal the requirement that jails be inspected by appointees of the Circuit
Courts.
On the passage of the bills, the yeas and nays were taken (Roll No. 76), and there were--yeas
88, nays none, absent and not voting 12, with the absent and not voting being as follows:
Absent And Not Voting: Beane, Campbell, Cann, Ennis, Evans, Ferrell, Fragale, Hatfield,
Michael, Perdue, Swartzmiller and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for H. B. 2471, Com. Sub. for H. B. 2476, H. B. 2482, H. B. 2483 and
H. B. 2495) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on Consent Calendar bills and request concurrence therein.
Second Reading
The following bills, on second reading, coming up in regular order, were read a second time
and ordered to third reading.
H. B. 2244, Making the state's criminal and penalty laws applying to the use and display of
beer and alcoholic beverages in motor vehicles conform to federal law,
H. B. 2350, Relating to conditions for awarding teaching certificates,
Com. Sub. for H. B. 2466, Eliminate provisions which created unlawful classifications
based on race and to update obsolete provisions,
H. B. 2484, Relating to notification of parole hearings,
H. B. 2599, Permitting attorneys to act as surety on a fiduciary bond if they are not
representing a participant in the estate or trust,
And,
H. B. 2846, Continuation of the Real Estate Appraiser Licensing and Certification Board.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 2368, Increasing the veterinary fee for each cat and dog vaccinated for rabies,
H. B. 2428, Providing that magistrate court may be temporarily held in various locations
throughout the county,
Com. Sub. for H. B. 2501, Providing for the termination of the agency, Jobs for West
Virginia's Graduates, from the Public Employees Retirement System,
H. B. 2510, Allowing public sector moneys to be used to satisfy the matching requirements
of the workforce initiative in certain circumstances,
And,
H. B. 2607, Expanding newborn screening by adding sickle cell anemia and adrenal
hyperplasia.
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed
with him for the removal of a bill from the Consent Calendar to the House Calendar:
H. B. 2510, on first reading, Consent Calendar, to the House Calendar, by Delegate Trump.
House Calendar
Third Reading
Com. Sub. for H. B. 2189, Authorizing law-enforcement officers to deputize police in other
states; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one
day.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2497, Providing that a truck with four axles in combination with a trailer with two
axles is limited to a max gross weight of eighty thousand pounds with a tolerance of ten percent,
And,
Com. Sub. for H. B. 2663, Relating to digging, growing, collecting, gathering, possessing
and selling ginseng.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Beane, Campbell, Cann, Ennis, Evans, Fragale, Hatfield, Michael, Perdue,
Swartzmiller and Webster.
Delegate Poling announced that she was absent yesterday when the vote was taken on Roll
Nos. 73, 74 and 75, and that had she been present she would have voted "Yea" thereon.
At 10:18 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00
p.m., Monday, March 7, 2005.