__________*__________
Thursday, March 31, 2005
The House of Delegates met at 12:00 Meridian, 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 Wednesday, March 30, 2005, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 166, Authorizing sale of certain land on Buffalo Creek, Logan County,
And reports the same back, with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 166) was referred to
the Committee on the Judiciary.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 42, Limiting liability for waste tire remediation costs for certain owners of real property,
And,
S. B. 238, Including steel railroad track and track material under statutory provisions
involving purchase of scrap metal,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that they each do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (S. B. 42 and S. B. 238) 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:
S. B. 122, Allowing certain state-chartered banks to organize as limited liability companies,
And,
S. B. 183, Authorizing warden to allow withdrawal from inmate's savings account in certain
cases,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (S. B. 122 and S. B. 183) will be placed on the
Consent Calendar.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 31st
day of March, 2005, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 2129), Creating misdemeanor offense of motion picture piracy,
(H. B. 2333), Establishing a program to encourage voluntary reclamation of lands adversely
affected by mining activities,
(Com. Sub. for H. B. 2764), Relating to allowing the Board of Medicine to issue a license
to physicians who have been subject to license revocation,
(H. B. 2783), Authorizing the Director of the Division of Rehabilitation Services to allow
youth or other civic groups to use rehabilitation facilities and to charge a reasonable rent therefor,
And,
(H. B. 3347), Extending the time for the Pocahontas County Commission to meet as a
levying body.
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:
S. B. 580, Prohibiting political subdivisions from regulating seeds.
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
Government Organization be dispensed with.
In the absence of objection, reference of the bill (S. B. 580) to the Committee on Government
Organization was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (S. B. 580) will be placed on the Consent Calendar.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for a presentation by the House.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the consideration of a resolution.
Resolutions introduced
Mr. Speaker, Mr. Kiss, and Delegates Boggs, Browning, Crosier, Ennis, Frederick, Kominar,
Mahan, Michael, Moore, Palumbo, Paxton, Pethtel, Proudfoot, Spencer, Stalnaker, Staton, Stemple,
Susman, R. M. Thompson, Tucker, Williams and Yost
offered the following resolution, which was
read by the Clerk:
H. C. R. 77 - "Designating Thursday, March 31, 2005, as 'Friends of Coal Day' at the State
Capitol."
Whereas, Since the formation of this State during the Civil War, there has been one
constant, basic and essential industry that has fueled this State's economy, supported this nation
through two world wars and other international conflicts and stands ready today to help this country
become energy self sufficient and that industry is coal; and
Whereas, The extraction of coal from the hills, mines and valleys of this State has been an
integral part of the social and economic life of millions of West Virginians; and
Whereas, Coal miners and their families represent a proud heritage of courage, strength of
character and quiet confidence that has the respect and admiration of all West Virginians; and
Whereas, The economic vitality of the coal industry is critically important to the future well-
being of West Virginia and its citizens; and
Whereas, The "Friends of Coal" is an organization involving thousands of West Virginians,
as well as citizens of other states who are working diligently to ensure the future of West Virginia
through a vibrant, essential and productive coal industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby declares Thursday, March 31, 2005, as "Friends of Coal Day"
at the State Capitol; and, be it
Further Resolved, That all West Virginians are encouraged to celebrate March 31, 2005, as
"Friends of Coal Day" at the State Capitol; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Governor and the members of West Virginia's delegation in Congress.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. C. R. 77) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of
Conference on and the passage, as amended by said report, to take effect July 1, of 2005, of
Com. Sub. for H. B. 2592, Relating to the design-build procurement act.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 3181, Supplementary appropriation to the bureau of commerce - economic
development authority.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 236 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §16-5R-6, relating to training requirements for providers in health facilities
on the subject of Alzheimer's disease"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005,
and requested the concurrence of the House of Delegates in the passage of
S. B. 240 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-28, relating to granting state employees thirty days of paid leave
time for kidney or liver donation and seven days of paid leave time for bone marrow donation";
which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 277 - "
A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5,
§19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13,
§19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21,
§19-9B-22 and §19-9B-23, all relating to regulating the sale, possession and breeding of exotic
animals; stating legislative purpose; defining certain terms; creating Exotic Animal Regulation Board
and Technical Advisory Committee; establishing duties; establishing a special revenue account and
authorizing expenditures; providing rule-making authority; delineating the jurisdiction of member
agencies; providing owner liable for the cost of care of a seized exotic animal and bonding
requirements; requiring pet shop registration, renewal and fee; requiring pet shop to keep records and
provide certain notification; requiring permit to possess or breed exotic animal and providing permit
application process and permit requirements; providing for exemptions; requiring identification
number on an exotic animal; establishing caging, care and treatment requirements; requiring liability
insurance; authorizing certain inspections; providing for denial of a permit; specifying conditions
under which an exotic animal may be seized; and establishing civil and criminal penalties"; which
was referred to the Committee on Agriculture and Natural Resources then Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 417 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-12-9b, relating generally to joint development entities; providing that
municipalities, county development authorities or municipal development authorities, or both, may
organize and jointly own joint development entities for the purpose of developing and owning local
economic development projects; describing the powers, duties and authority of joint development
entities; and providing that joint development entities, as political subdivisions of the State of West
Virginia, are exempt from all state and local taxation".
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 417) to a committee was dispensed with, taken up for immediate consideration and read
a first time.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 428 -
"A Bill to repeal §17-24-1, §17-24-2, §17-24-3, §17-24-4, §17-24-
5, §17-24-6, §17-24-7, §17-24-8, §17-24-9 and §17-24-10 of the Code of West Virginia, 1931, as
amended; to repeal §20-7-24, §20-7-25, §20-7-26, §20-7-27 and §20-7-29 of said code; to repeal
§20-11-1, §20-11-2, §20-11-3, §20-11-4, §20-11-5, §20-11-6, §20-11-7, §20-11-8, §20-11-9, §20-
11-10, §20-11-11 and §20-11-12 of said code; to repeal §22-15A-23, §22-15A-24 and §22-15A-25
of said code; to amend and reenact §7-1-3ff of said code; to amend and reenact §17-2A-21 of said
code; to amend and reenact §17-23-2 of said code; to amend and reenact §17A-10-16 of said code;
to amend and reenact §17C-14-14 of said code; to amend and reenact §22-15-2 and §22-15-21 of
said code; to amend said code by adding thereto a new article, designated §22-15A-1, §22-15A-2,
§22-15A-3, §22-15A-4, §22-15A-5, §22-15A-6, §22-15A-7, §22-15A-8, §22-15A-9, §22-15A-10,
§22-15A-11, §22-15A-12, §22-15A-13, §22-15A-14, §22-15A-15, §22-15A-16, §22-15A-17, §22-
15A-18, §22-15A-19, §22-15A-20, §22-15A-21, §22-15A-22 and §22-15A-23; to amend and reenact
§22C-3-7 and §22C-3-24 of said code; to amend and reenact §22C-4-24 and §22C-4-25 of said code;
to amend and reenact §31-15A-17a of said code; and to amend and reenact §49-5-13 and §49-5-13b of said code, all relating to the Rehabilitation Environmental Action Plan; consolidating litter
control, open dump elimination and reclamation, waste tire cleanup and recycling programs; defining
certain terms; providing for litter control and recycling programs; providing additional duties of
Secretary of the Department of Environmental Protection; transferring assets, contracts and
personnel of the Litter Control Program; providing penalties for the unlawful disposal of litter;
providing for litter control education; creating the Pollution Prevention and Open Dump Program;
providing for assistance to solid waste authorities for litter and solid waste plans; prohibiting waste
tires in certain places; providing for penalty for violations thereof; providing that the Department of
Environmental Protection is to administer funds for waste tire remediation; authorizing the Secretary
of the Department of Environmental Protection to promulgate rules; providing for the disposal of
waste tires; providing for the creation of the A. James Manchin Fund; establishing remediation and
liability for remediation; clarifying that Commissioner for Bureau for Public Health has the authority
to regulate public health matters; establishing recycling goals and plans; establishing county
recycling programs for solid waste; providing for a recycling assessment fee; providing for criminal
penalties; establishing state recycling program for solid waste; providing for the procurement of
recycled products; prohibiting the disposal of certain items; creating the Recycled Oil Advisory
Committee; encouraging newsprint recycling; establishing Recycled Newsprint Advisory
Committee; providing for studying the feasibility of recycling industries; and exempting certain
recycling facilities from regulation"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 450 - "A Bill to amend and reenact §30-1-11 of the Code of West
Virginia, 1931, as amended, relating to licensing boards; and prohibiting a board member from
receiving compensation for travel days not on the same day as the official meeting or official duties";
which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 458 -
"A Bill to amend and reenact §15-2-20 of the Code of West
Virginia, 1931, as amended, relating to transfer of members of the West Virginia State Police;
permitting a transfer of a member for certain conduct; and increasing the relocation expense to one
thousand dollars"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 485 -
"A Bill to amend and reenact §30-5-2 of the Code of West
Virginia, 1931, as amended, relating to the Board of Pharmacy powers and duties; empowering the
Board of Pharmacy to grant a waiver or variance of all or part of a rule; and empowering the Board
of Pharmacy to waive rules for up to twelve months for approved pilot or demonstration projects";
which was referred to the Committee on Health and Human Resources then Government
Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 513 -
"A Bill to amend and reenact §5E-1-8 of the Code of West Virginia, 1931, as
amended, relating to providing the total tax credits available under the Capital Company Act during
the fiscal year beginning on the first day of July, two thousand five; limiting the availability of the
tax credits to qualified centers for economic development and technology advancement; and
authorizing the Economic Development Authority to establish criteria for the determination of the
allocation of certain tax credits by vote of the majority of the Authority"; which was referred to the
Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005,
and requested the concurrence of the House of Delegates in the passage of
S. B. 524 - "A Bill to repeal §5A-2-25 of the Code of West Virginia, 1931, as amended; to
amend and reenact §5A-2-1, §5A-2-24, §5A-2-32 and §5A-2-33 of said code; and to amend said
code by adding thereto a new article, designated §12-4C-1, §12-4C-2, §12-4C-3, §12-4C-4, §12-4C-
5, §12-4C-6, §12-4C-7 and §12-4C-8, all relating to transfer of the central accounting system from
the Department of Administration to the Auditor's Office; and creating a Financial Services
Oversight Committee"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 542 -
"A Bill to amend and reenact §14-2-2 of the Code of West Virginia, 1931, as
amended, relating to providing an exception to the requirement that actions in which the state is a
party be brought in Kanawha County for suits involving motor vehicle accidents"; which was
referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 561 -
"A Bill to amend and reenact section 7, chapter 26 of the Acts of
the Legislature, regular session, 1925 (municipal charters), as last amended by chapter 175, Acts of
the Legislature, regular session, 1991, relating to Greater Huntington Park and Recreation District;
authorizing the District to impose fees and issue revenue bonds; requiring an election on the
imposition of fees and issuance of revenue bonds; notice and election requirements; and authorizing
the new fees to secure and pay the revenue bonds"; which was referred to the Committee on
Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 575 -
"A Bill to amend and reenact §20-2-5 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated
§20-2-5g and §20-2-46n, all relating to authorizing crossbow hunting for disabled persons"; which
was referred to the Committee on Agriculture and Natural Resources then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 587 -
"A Bill to amend and reenact §49-6-2 of the Code of West
Virginia, 1931, as amended, relating to the appointment of counsel in abuse and neglect cases";
which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 628 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §17-27-1, §17-27-2, §17-27-3 and §17-27-4, all relating to establishing a
State Trails Coordinator"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 646 - "
A Bill to amend and reenact §11-13-1 and §11-13-3 of the Code
of West Virginia, 1931, as amended, all relating generally to business and occupation tax; exempting
from tax gross income received by nonprofit homeowners associations for community services to
members; deleting obsolete language; and making technical corrections"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 650 -
"A Bill to amend and reenact §11-10A-11 of the Code of West Virginia, 1931,
as amended, relating to small claims hearings by the Office of Tax Appeals; and requiring
concurrence of both the Tax Commissioner and the Office of Tax Appeals for a dispute to be
conducted in a small claims hearing"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 657 -
"A Bill to amend and reenact §11-10A-9 of the Code of West Virginia, 1931, as
amended, relating to the Office of Tax Appeals; and providing for certain exceptions to the sixty-day
time limit for filing a petition to appeal a decision of the Tax Commissioner"; which was referred
to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 666 -
"A Bill to amend and reenact §11-23-7 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §11-24-5 of said code, all relating to
exemptions for certain insurance companies from business franchise tax and corporation net income
tax; and limiting the exemptions to that portion of the tax base which is based on income subject to
a tax upon premiums"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 675 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §18-5-9c, relating to allowing a county board of education to enter into
a lease-purchase agreement for land, buildings and equipment; and allowing a county board entering
into a lease-purchase agreement to borrow funds from the Department of Education and the School
Building Authority to make a one-time payment due at the beginning of the lease term for the
purpose of reducing the annual lease payments"; which was referred to the Committee on
Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 680 -
"A Bill to amend and reenact §38-2-9 of the Code of West Virginia, 1931, as
amended, relating to changing the filing time for a subcontractor's lien from seventy-five days to one
hundred days to be consistent with the filing time for a mechanic's lien"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 700 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5B-1B-1, §5B-1B-2, §5B-1B-3, §5B-1B-4, §5B-1B-5,
§5B-1B-6, §5B-1B-7, §5B-1B-8 and §5B-1B-9, all relating to the creation of a Community
Infrastructure Investment Program within the Department of Commerce; legislative findings;
definitions; granting rule-making authority; authority to promulgate emergency rules; establishing
process for issuance of certificate of appropriateness; providing for community infrastructure
investment agreements; setting minimum terms; authority of Division of Health and Department of
Environmental Protection not affected; requiring report to Joint Committee on Government and
Finance; providing for administrative fees; establishing exemption from authority of Public Service Commission; and setting time limits for approval"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 710 - "
A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as
amended, relating to providing for a small grants program for the Tourism Promotion Fund; and
providing flexibility for direct advertising projects costing under ten thousand dollars"; which was
referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 717 - "A Bill to amend and reenact §5-10-18 of the Code of West
Virginia, 1931, as amended, relating to permitting Wetzel County Hospital to provide an alternate
retirement plan for new employees in lieu of participation in Public Employees Retirement System.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (Com. Sub. for S. B. 717) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 728 - "
A Bill to amend and reenact §5A-3-45 of the Code of West Virginia, 1931, as
amended, relating to the disposition of state surplus property; allowing cannibalization of
commodities under certain circumstances; and allowing the disposing of commodities as waste under
certain circumstances"; which was referred to the Committee on Government Organization then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 729 - "A Bill to amend and reenact §62-11B-4 of the Code of West
Virginia, 1931, as amended, relating to authorizing magistrate courts to order home incarceration
as a condition of bail when doing so consistent with guidelines promulgated by the Supreme Court
of Appeals"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 740 - "
A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6,
§5B-4-7, §5B-4-8, §5B-4-9, §5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14, §5B-4-15, §5B-4-
16, §5B-4-17, §5B-4-18, §5B-4-19, §5B-4-20, §5B-4-21 and §5B-4-22, all relating to conducting
an inventory and developing coordinated deployment and operation of technology infrastructure
within this state; legislative findings and purpose; definitions; reporting requirements; rule-making
authority; exemptions from disclosure of confidential information; creating Joint Legislative
Oversight Commission on Transportation and Infrastructure; creating Innovation Center;
appointment and qualifications of Chief Officer of Innovation Center; powers and duties of
Innovation Center; reporting requirements; establishment of task force; providing technical and
funding assistance for innovation; authorizing Innovation Center to engage in consulting services
for fee, contractual and joint venture agreements; authorizing local government to enter into public-
private partnerships; authorizes issuance of bonds; publication and hearing requirements related to
bonds; bonds not an indebtedness of local government; redemption and form of bonds, exemption
from taxation of bonds; establishment of sinking fund, transfer of balance of net revenues; enabling
local government to establish rates of service; and liberal construction of article; which was referred
to the Committee on Industry and Labor, Economic Development and Small Business then Finance"; which was referred to the Committee on Industry and Labor, Economic Development and Small
Business then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 749 - "A Bill to amend and reenact §16-13A-4 of the Code of West Virginia, 1931, as
amended, authorizing a change in the official name of a public service district in certain
circumstances"; which was referred to the Committee on Political Subdivisions then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005,
and requested the concurrence of the House of Delegates in the passage of
S. B. 750 - "A Bill to repeal §18-9A-8a of the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto a new section, designated §18-9A-27, relating to changing the
method for determining the amount of funding for regional education service agencies"; which was
referred to the Committee on Education then Finance.
Special Calendar
Third Reading
S. B. 604, Establishing method for projecting increase in net enrollment for each school
district; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 392),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Fragale, Hall and Long.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 604) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 393), and there were--yeas 96, nays
1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Paxton.
Absent And Not Voting: Fragale, Hall and Long.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 604) takes effect July 1, 2005.
The following bills on third reading, coming up in regular order, were, on motion of Delegate
Staton, laid upon the table:
Com. Sub. for H. B. 2224, Creating a health care providers lien,
H. B. 2546, Relating to underage possession of nonintoxicating beer and alcoholic liquor,
And,
Com. Sub. for H. B. 2815, Requiring the use of an appropriate child passenger restraint
device or booster seat until the child is at least six years of age and weighs at least sixty pounds.
Second Reading
The following bills on second reading, coming up in regular order, were, on motion of
Delegate Staton, laid upon the table:
H. B. 2469, Allowing an inmate to withdraw money from the mandatory 10% savings
account,
H. B. 2640, Repealing the authority of county courts to provide for the working of prisoners,
Com. Sub. for H. B. 2661, Prohibiting the sale of candy or fruit-flavored cigarettes in this
state,
Com. Sub. for H. B. 2809, Prohibiting public contracts with vendors unless they can
demonstrate that they offer health care insurance to their employees and pay at least 75% of the cost
of such insurance coverage,
Com. Sub. for H. B. 2995, Including a checkoff option on the state personal tax return to
donate some or all of any tax refund to the "James 'Tiger' Morton Catastrophic Illness Check-off
Program",
And,
Com. Sub. for H. B. 3215, Creation of the Funeral Planning Agent Designation Act.
First Reading
Com. Sub. for H. B. 2799, Permitting courts to issue orders of interdiction prohibiting the
sale of alcoholic liquors, non-intoxicating beer and wine, controlled substances or drugs;
on first
reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table:
Miscellaneous Business
Delegates Poling and Schadler requested the Clerk to record them as voting "nay" on the
passage of H. B. 3359 on the Consent Calendar of yesterday.
Delegate Trump asked and obtained unanimous consent that the remarks delivered on today
of Delegate Frederick regarding the coal industry and the remarks of Delegate Armstead regarding
table games be printed in the Appendix to the Journal.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Fragale, Hall and Long.
At 1:18 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, April 1, 2005.