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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.