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Friday, April 1, 2005



The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, March 31, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 253, Permitting Insurance Commissioner waive or reduce penalty for late filing of tax returns,
An reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 253) to the Committee on the Judiciary was abrogated.
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 bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 3181), Supplementary appropriation to the bureau of commerce - economic development authority.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 46, Recognizing and acknowledging Vietnam Veterans Recognition Week,
H. C. R. 53, Requesting the Joint Committee on Government and Finance to study various economic development, taxation, and other policies aimed at promoting wage adequacy,
H. C. R. 59, Requesting the Joint Committee on Government and Finance direct the Legislature to study the concept of including clinic-based healthcare as a prepaid limited health service,
H. C. R. 60, Requesting the Joint Committee on Government and Finance to study the impact the use of biosolids from wastewater plants in agricultural production has on the environment,
H. C. R. 69, Recognizing the importance of the Health Sciences and Technology Academy (HSTA) and its significant contribution to African American and under represented high school students,
H. C. R. 72, Requesting the Division of Highways to name the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia at the end of Posey Saxon Road, the "Sergeant Billy Ray Holmes Memorial Bridge",
S. C. R. 57, Requesting Division of Highways name bridge in Mercer County on Route 460 crossing Interstate 77 "Lance Corporal Juston Thacker Memorial Bridge",
S. C. R. 71, Requesting Governor proclaim fourth Friday of April, 2005, "Children's Memorial Flag Day",
And reports the same back with the recommendation that they each be adopted.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
S. B. 30, Discontinuing use of prior approval system of insurance rate and form filing; other provisions.
And reports the same back, 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 (S. B. 30) 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. 104, Repealing section of code relating to working prisoners by county commissions,
Com. Sub. for S. B. 268, Relating to underage possession of beer and liquor; penalty,
S. B. 491, Repealing article establishing compact for out-of-state parolee supervision,
And,
Com. Sub. for S. B. 548, Relating to crime of assault and battery upon Public Service Commission motor carrier inspectors,
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 bill (S. B. 104, Com. Sub. for S. B. 268, S. B. 491 and Com. Sub. for S. B. 548) will be placed on the Consent Calendar.
Senator White, 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:
(S. B. 153), Relating generally to ethical standards of public offices and employees.
And,
(S. B. 229), Relating to reports of financial institutions of Division of Banking.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 348, Clarifying when audits are required of state funds or grants; penalty,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 348) was referred to the Committee on Finance.
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. 692, Extending time for Hurricane council to meet as levying body,Removing provision certain municipal officers required to have paid real or property taxes prior to election,
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 the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 692) to the Committee on the Judiciary 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. 692) will be placed on the Consent Calendar.
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. 152, Permitting county commissions to alter observance of legal holidays for county employees,
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. 152) was referred to the Committee on the Judiciary.
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. 522, Extending time for Hurricane council to meet as levying body,
And reports the same back, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 522) to the Committee on the Judiciary 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. 522) will be placed on the Consent Calendar.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 459, Relating to reinsurance and insolvency liability,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 459) to the Committee on the Judiciary 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. 459) will be placed on the Consent Calendar.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 256, Requiring insurance companies inform policyholders if flood damage not covered,
And reports the same back, by unanimous vote of the Committee, with a title amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 256) to the Committee on the Judiciary 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. 256) 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:
Com. Sub. for Com. Sub. for S. B. 226, Relating to cross-reporting when abuse or neglect of individuals or animals suspected; penalties,
And,
S. B. 657, Providing exemption to time limit for filing petition to appeal decision of Tax Commission,
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 (Com. Sub. for S. B. 226 and S. B. 657) will be placed on the Consent Calendar.
On motion for leave, a resolution was introduced (Originating in the Committee on Agriculture and Natural Resources and reported with the recommendation that it be adopted, but first be referred to the Committee on Rules), which was read by its title, as follows:
By Delegates Beach, Stemple, Tabb, Crozier, Argento, Swartzmiller, Eldridge, Anderson and Hamilton:

H. C. R. 82 - "Requesting the Joint Committee on Government and Finance to conduct a study of allowing the posting of property with clearly visible paint markings in order to prohibit hunting or trespassing."
Whereas, Current law states that land can be properly posted with signs to prohibit hunting, trapping, fishing or trespassing; and
Whereas, Paint posting can provide a economical method of posting property to protect a landowner from unwanted hunters or trespassers; and
Whereas, Several states (i.e. Texas, Missouri, Arkansas and Kansas) have successfully implemented paint posting legislation; and
Whereas, It is the Legislature's intent to look into the advantages, disadvantages and feasibility of posting property using paint; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance conduct a study of allowing land owners to post private property with clearly visible paint markings to prohibit hunting or trespassing; 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.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.

Messages from the Executive

Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on March 31, 2005, he approved S. B. 411.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
H. B. 2492, Providing a funding mechanism for teen court programs.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13d. Teen court program.
(a) Notwithstanding any provision of this article to the contrary, in any county that chooses to institute a teen court program in accordance with the provisions of this section, any juvenile who is alleged to have committed a status offense or an act of delinquency which would be a misdemeanor if committed by an adult and who is otherwise subject to the provisions of this article may be given the option of proceeding in the teen court program as an alternative to the filing of a formal petition under section seven of this article or proceeding to a disposition as provided by section eleven-a or thirteen of this article, as the case may be. The decision to extend the option to enter the teen court program as an alternative procedure shall be made by the circuit court if the court finds that the offender is a suitable candidate for the program. No juvenile may enter the teen court program unless he or she and his or her parent or guardian consent. Any juvenile who does not successfully cooperate in and complete the teen court program and any disposition imposed therein shall be returned to the circuit court for further disposition as provided by section eleven-a or thirteen of this article, as the case may be.
(b) The following provisions apply to all teen court programs:
(1) The judge for each teen court proceeding shall be an acting or retired circuit court judge or an active member of the West Virginia state bar, who serves on a voluntary basis.
(2) Any juvenile who selects the teen court program as an alternative disposition shall agree to serve thereafter on at least two occasions as a teen court juror.
(3) Volunteer students from grades seven through twelve of the schools within the county shall be selected to serve as defense attorney, prosecuting attorney, court clerk, bailiff and jurors for each proceeding.
(4) Disposition in a teen court proceeding shall consist of requiring the juvenile to perform sixteen to forty hours of community service, the duration and type of which shall be determined by the teen court jury from a standard list of available community service programs provided by the county juvenile probation system and a standard list of alternative consequences that are consistent with the purposes of this article. The performance of the juvenile shall be monitored by the county juvenile probation system. The juvenile shall also perform at least two sessions of teen court jury service and, if considered appropriate by the circuit court judge, participate in an education program. Nothing in this section may be construed so as to deny availability of the services provided under section eleven-a of this article to juveniles who are otherwise eligible therefor.
(c) The rules for administration, procedure and admission of evidence shall be determined by the chief circuit judge, but in no case may the court require a juvenile to admit the allegation against him or her as a prerequisite to participation in the teen court program. A copy of these rules shall be provided to every teen court participant.
(d) Each county that operates, or wishes to operate, a teen court program as provided in this section is hereby authorized to adopt a mandatory fee of up to five dollars to be assessed as provided in this subsection. Assessments collected by the clerk of the court pursuant to this subsection shall be deposited into an account specifically for the operation and administration of a teen court program. The clerk of the court of conviction shall collect the fees established in this subsection and shall remit the fees to the teen court program, less five percent which shall be retained as fee income to the office of the clerk of the magistrate or circuit court processing the case. The fees are to be assessed as follows:
(1) A fee of up to five dollars shall be paid by the defendant on a judgment of guilty or a plea of nolo contendere for each violation of the motor vehicle code committed in the county; and
(2) A fee of up to five dollars shall be paid by the defendant on a judgment of guilty or a plea of nolo contendere for each felony or misdemeanor committed in the county.
"
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment with amendment, as follows:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13d. Teen court program.
(a) Notwithstanding any provision of this article to the contrary, in any county that chooses to institute a teen court program in accordance with the provisions of this section, any juvenile who is alleged to have committed a status offense or an act of delinquency which would be a misdemeanor if committed by an adult and who is otherwise subject to the provisions of this article may be given the option of proceeding in the teen court program as an alternative to the filing of a formal petition under section seven of this article or proceeding to a disposition as provided by section eleven-a or thirteen of this article, as the case may be. The decision to extend the option to enter the teen court program as an alternative procedure shall be made by the circuit court if the court finds that the offender is a suitable candidate for the program. No juvenile may enter the teen court program unless he or she and his or her parent or guardian consent. Any juvenile who does not successfully cooperate in and complete the teen court program and any disposition imposed therein shall be returned to the circuit court for further disposition as provided by section eleven-a or thirteen of this article, as the case may be.
(b) The following provisions apply to all teen court programs:
(1) The judge for each teen court proceeding shall be an acting or retired circuit court judge or an active member of the West Virginia state bar, who serves on a voluntary basis.
(2) Any juvenile who selects the teen court program as an alternative disposition shall agree to serve thereafter on at least two occasions as a teen court juror.
(3) Volunteer students from grades seven through twelve of the schools within the county shall be selected to serve as defense attorney, prosecuting attorney, court clerk, bailiff and jurors for each proceeding.
(4) Disposition in a teen court proceeding shall consist of requiring the juvenile to perform sixteen to forty hours of community service, the duration and type of which shall be determined by the teen court jury from a standard list of available community service programs provided by the county juvenile probation system and a standard list of alternative consequences that are consistent with the purposes of this article. The performance of the juvenile shall be monitored by the county juvenile probation system. The juvenile shall also perform at least two sessions of teen court jury service and, if considered appropriate by the circuit court judge, participate in an education program. Nothing in this section may be construed so as to deny availability of the services provided under section eleven-a of this article to juveniles who are otherwise eligible therefor.
(c) The rules for administration, procedure and admission of evidence shall be determined by the chief circuit judge, but in no case may the court require a juvenile to admit the allegation against him or her as a prerequisite to participation in the teen court program. A copy of these rules shall be provided to every teen court participant.
(d) Each county that operates, or wishes to operate, a teen court program as provided in this section is hereby authorized to adopt a mandatory fee of up to five dollars to be assessed as provided in this subsection. Assessments collected by the clerk of the court pursuant to this subsection shall be deposited into an account specifically for the operation and administration of a teen court program. The clerk of the court of conviction shall collect the fees established in this subsection and shall remit the fees to the teen court program, less five percent which shall be retained as fee income to the office of the clerk of the municipal, magistrate or circuit court processing the case. Any mandatory fee established by the county commission in accordance with the provisions of this subsection shall be paid by the defendant on a judgment of guilty or a plea of nolo contendere for each violation committed in the county of any traffic regulation or law of the road established under the provisions of chapter seventeen-c of this code or any local ordinance."
The bill, as amended by the Senate, and further amended by the House, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 394), and there were--yeas 88, nays 1, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Rick Thompson.
Absent and Not Voting: Border, Cann, Doyle, Ferrell, Fragale, Houston, Hunt, Leach, Long, Palumbo and Wakim.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2492) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 3033, Extending the temporary special reclamation tax for an additional twenty-four months.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 12, Honoring the contributions of the Civilian Conservation Corps in West Virginia and designating March 31 each year as CCC Recognition Day.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 17, Requesting the Joint Committee on Government and Finance to make a study of issues involving volunteer firefighters.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 27 - "Requesting the Joint Committee on Government and Finance study the coordination of state laws and regulations governing the handling and disposal of wrecked or dismantled vehicles."
Whereas, West Virginia has a confusing array of laws and regulations governing the handling of wrecked or dismantled vehicles; and
Whereas, The Division of Highways has regulatory authority over the licensing of salvage yards, dismantlers and rebuilders of wrecked vehicles; and
Whereas, There is a need for increased coordination among government agencies and additional oversight to address the problem of wrecked or dismantled vehicles blighting our state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the coordination of state laws and regulations governing the handling and disposal of wrecked or dismantled vehicles; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the interaction of state agencies in implementing these laws, including the Division of Highways' enforcement of state rights-of-way and the Department of Environmental Protection's monitoring of potential water quality issues arising from this problem; 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 29, "Requesting the Joint Committee on Government and Finance continue the Legislative Task Force on Juvenile Foster Care, Detention and Placement as the Juvenile Task Force."
Whereas, There are currently 3,000 West Virginia children placed in foster care with more than 400 West Virginia children in out-of-state placements and 300 in facilities operated by the Division of Juvenile Services; and
Whereas, The state's Child Protective Services Program is under federal mandate to make improvements and is at serious risk of substantial financial penalties for failure to improve children's safety, permanency and well-being in the child welfare system; and
Whereas, The Division of Juvenile Services has, through renovation and new construction, acquired more than 200 new beds in six facilities over the last four years; and
Whereas, There are ongoing and continuing efforts involving state agencies, families and private providers to address these and other vital issues affecting our state's children; and
Whereas, The existing Legislative Task Force on Juvenile Foster Care, Detention and Placement is the only legislative body that deals exclusively with matters relating to child welfare and juvenile justice; and
Whereas, There is an acute and urgent need for ongoing legislative oversight of these matters and legislative members could benefit from the shared knowledge of additional nonvoting citizen members chosen for their particular backgrounds and expertise; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to continue the Legislative Task Force on Juvenile Foster Care, Detention and Placement as the Juvenile Task Force; and, be it
Further Resolved, That the Juvenile Task Force conduct ongoing oversight of the state's child welfare and juvenile justice systems; and, be it
Further Resolved, That the Juvenile Task Force increase its membership by adding two nonvoting citizen members, one to be chosen by the Speaker of the House of Delegates and one to be chosen by the President of the Senate, with the members having the same right of per diem expense reimbursement to which legislators are entitled; and, be it
Further Resolved, That the Juvenile Task Force report annually to the Joint Committee on Government and Finance on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to carry out its duties, to prepare its reports and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 33 - "Requesting the Joint Committee on Government and Finance study the current status of mental health services for adolescents in an effort to reduce suicide and delinquency rates."
Whereas, At-risk youth are more likely to either attempt or commit suicide or engage in delinquent acts; and
Whereas, Suicide is the second leading cause of death for teenagers aged 15 to 19; and
Whereas, Depression affects nearly one in every eight adolescents and is the leading cause of suicide; and
Whereas, Mental illness, like physical illnesses, is treatable and 80 percent of people who seek treatment for depression show improvement; and
Whereas, Mental and behavioral health services are not adequate or available for many of West Virginia's youth; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the current status of mental health services for adolescents in an effort to reduce suicide and delinquency rates; and, be it
Further Resolved, That 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 41 - "Requesting the United States Congress provide funding for a double-stack rail route in West Virginia in an effort to improve West Virginia's access to affordable rail and truck transportation and requesting the Joint Committee on Government and Finance study intermodal transportation in West Virginia."
Whereas, Efficient and affordable intermodal transportation has emerged as an essential element in international trade; and
Whereas, The highest value commodities moving in international trade today, short of those extremely high-value items that move via air freight, move in containers; and
Whereas, The most cost-effective manner to move such containers is via rail intermodal in a double-stack configuration; and
Whereas, Most parts of West Virginia are too distant from existing intermodal routes to provide access for the state's producers and receivers of products to effectively use the vital intermodal containerized transportation alternative which isolates most of West Virginia's commerce from a burgeoning international trade; and
Whereas, At the request of the Department of Transportation, Norfolk Southern agreed to collaborate with the Department of Transportation, the Appalachian Regional Commission and others in exploring remedies that would improve West Virginia's access to affordable rail-truck intermodal transportation; and
Whereas, The Nick. J. Rahall II Appalachian Transportation Institute at Marshall University determined in its March 2003 final report that double-stack rail service would return considerable economic benefits to West Virginia; and
Whereas, The most efficient surface form of intermodal transportation for container movement involves "double-stacking" containers two-high on rail cars; and
Whereas, Currently there are no rail routes in West Virginia capable of accommodating double-stacked containers, thereby precluding West Virginia producers' access to double-stack services and impeding the free flow of double-stacked commerce between West Virginia and contiguous states; and
Whereas, Such a lack of access to double-stack rail service for containers places West Virginia producers and receivers of products and components at a significant competitive disadvantage; and
Whereas, Providing adequate clearances for double-stacked movement in West Virginia requires tunnels and other track structures to be modified; and
Whereas, Clearing a West Virginia routing for the movement of double-stacked containers would provide significant economic, environmental and social benefits to the residents of West Virginia and adjoining states, including thousands of direct and indirect new jobs in West Virginia; and
Whereas, Providing for a double-stack intermodal route through West Virginia should be pursued via a partnership that includes both public and private entities, including the Department of Transportation, the United States Department of Transportation and private rail carrier Norfolk Southern; and
Whereas, The rail carrier in question, Norfolk Southern, on its own volition and in good faith with proponents of double-stack intermodal transportation in West Virginia and adjoining states, decided this year to initiate and fund the preliminary engineering necessary for the tunnel clearance component of the Heartland Corridor Project; and
Whereas, The Heartland Corridor Project is an intermodal project designed to provide West Virginia and adjoining states with a fully cleared double-stacked intermodal corridor from the east coast to the midwest, including Chicago, and the Heartland Corridor's improvements are consistent with West Virginia's interest in improving the free flow of commerce throughout the United States; and
Whereas, Funding for implementing such a double-stacked route in West Virginia would be an eligible activity under the proposed Federal TEA 21 Reauthorization's Program for "Projects of National and Regional Significance"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States Congress provide funding for a double-stack rail route in West Virginia in an effort to improve West Virginia's access to affordable rail and truck transportation and requesting the Joint Committee on Government and Finance study intermodal transportation in West Virginia; and, be it
Further Resolved, That the United States Congress should consider that the implementation of this type of intermodal transportation project would not only greatly benefit the citizens of West Virginia but would also greatly enhance the free flow of commerce among all states in the national interest and greatly benefit the environment, safety and economic development of the same; and, be it
Further Resolved, That the Heartland Corridor Project and intermodal transportation facilities should develop and utilize technology infrastructure to aid in time-sensitive inland transportation networks; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study of the intermodal transportation project include infrastructure development and improvement projects in conjunction with the intermodal transportation project and the use of West Virginia labor; 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 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; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's Congressional Delegation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 48 - "Requesting the Joint Committee on Government and Finance study available mental health services for servicemen and servicewomen and their families following duty in combat areas."
Whereas, Many West Virginia servicemen and servicewomen have been mobilized and assigned to combat and support duty in Afghanistan, Iraq and other countries; and
Whereas, Many of these servicemen and servicewomen are members of the National Guard with established residences, professions and families in this state; and
Whereas, The families of these men and women are faced with the stress of dealing with additional responsibilities, the fear and worry for loved ones in harm's way and the loss of vital support; and
Whereas, These servicemen and servicewomen and their families deserve appropriate mental health services from a collaborative state effort through multiple agencies, including, but not limited to: The Department of Health and Human Resources, the Bureau of Behavioral Health and Health Facilities, the Bureau for Children and Families, the Department of Education, the Division of Juvenile Services and relevant agencies of the federal government; and
Whereas, Mental health services for returning servicemen and servicewomen and their families may best be provided by community-based mental health services; and
Whereas, Federal comprehensive community mental health services grants are available to develop comprehensive, community-based systems of care for youth with serious emotional disturbances and their families, but may only be applied to in-state treatment; and
Whereas, The Legislature should explore the possibilities of developing a comprehensive multiagency mental health plan to identify the core services needed in West Virginia communities to provide adequate care and address the development of community-based treatment options and financial assistance opportunities to assist these returning servicemen and servicewomen and their families; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study available mental health services for servicemen and servicewomen and their families following duty in combat areas; 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 61 - "Requesting the Joint Committee on Government and Finance study intermodal transportation in the State of West Virginia."
Whereas, Efficient and affordable intermodal transportation has emerged as an essential element in international trade; and
Whereas, The highest value commodities moving in international trade today, short of those extremely high-value items that move via air freight, move in containers; and
Whereas, The most cost-effective manner to move such containers is via rail intermodal in a double-stack configuration; and
Whereas, Most parts of West Virginia are too distant from existing intermodal routes to provide access for the state's producers and receivers of products to effectively use the vital intermodal containerized transportation alternative which isolates most of West Virginia's commerce from a burgeoning international trade; and
Whereas, At the request of the Department of Transportation, Norfolk Southern agreed to collaborate with the Department of Transportation, the Appalachian Regional Commission and others in exploring remedies that would improve West Virginia's access to affordable rail-truck intermodal transportation; and
Whereas, The Nick J. Rahall II Appalachian Transportation Institute at Marshall University determined in its March 2003 final report that double-stack rail service would return considerable economic benefits to West Virginia; and
Whereas, The most efficient surface form of intermodal transportation for container movement involves "double-stacking" containers two-high on rail cars; and
Whereas, Currently there are no rail routes in West Virginia capable of accommodating double-stacked containers, thereby precluding West Virginia producers' access to double-stack services and impeding the free flow of double-stacked commerce between West Virginia and contiguous states; and
Whereas, Such a lack of access to double-stack rail service for containers places West Virginia producers and receivers of products and components at a significant competitive disadvantage; and
Whereas, Providing adequate clearances for double-stacked movement in West Virginia requires tunnels and other track structures be modified; and
Whereas, Clearing a West Virginia routing for the movement of double-stacked containers would provide significant economic, environmental and social benefits to the residents of West Virginia and adjoining states, including thousands of direct and indirect new jobs in West Virginia; and
Whereas, Providing for a double-stack intermodal route through West Virginia should be pursued via a partnership that includes both public and private entities, including the Department of Transportation, the United States Department of Transportation and private rail carrier Norfolk Southern; and
Whereas, The rail carrier in question, Norfolk Southern, on its own volition and in good faith with proponents of double-stack intermodal transportation in West Virginia and adjoining states, decided this year to initiate and fund the preliminary engineering necessary for the tunnel clearance component of the Heartland Corridor Project; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study intermodal transportation in the State of West Virginia.
Further Resolved, That the Joint Committee on Government and Finance's study of the intermodal transportation project include infrastructure development and improvement projects in conjunction with the intermodal transportation project and the use of West Virginia labor; 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 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
Com. Sub. for S. C. R. 64 -"Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the issue of recruitment and retention of Child Protective Services' workers in the eastern and northern panhandles of West Virginia."
Whereas, The mission of Child Protective Services is daunting but essential to the development of West Virginia's children who are in need of services offered by Child Protective Services; and
Whereas, Nearly 37 percent of West Virginia's Child Protective Services' workers have been on the job for less than one year, creating a tremendous learning curve which leaves a continuous void in the Child Protective Services program; and
Whereas, At any given time, 20 percent of the Child Protective Services' workers employed in the State of West Virginia are new to the program; and
Whereas, One of the primary reasons for lack of tenure among Child Protective Services' workers is the rapid turnover of employees due to the absence of a competitive salary for these individuals as compared to these positions in other states; and
Whereas, This problem is most prominent in the eastern and northern panhandles of West Virginia where Child Protective Services' workers are hired and trained in West Virginia only to leave the program for a similar job in an adjoining state at a higher rate of pay; and
Whereas, A seamless Child Protective Services program would benefit the children of West Virginia who become involved in the Child Protective Services program; and
Whereas, A study of recruitment tactics and retention incentives and alternatives for Child Protective Services' workers is essential and necessary to offer thorough and complete services to those West Virginians, particularly in the eastern and northern panhandles 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 study the issue of recruitment and retention of Child Protective Services' workers in the eastern and northern panhandles of West Virginia; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
Com. Sub. for S. C. R. 66 - "Requesting the Joint Committee on Government and Finance study the potential benefits of new municipal solid waste landfills, transfer stations and recycling facilities."
Whereas, Most counties are expected to demonstrate significant growth rates from 2005 through 2025; and
Whereas, Site planning for new landfills, transfer stations, construction demolition landfills and commercial recycling facilities would aid in the necessary, dependable, effective and efficient disposal and recycling of solid waste; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the potential benefits of new municipal solid waste landfills, transfer stations and recycling facilities; and, be it
Further Resolved, In conducting the study, the Joint Committee on Government and Finance should appoint a committee that includes members of the Legislature, as well as one representative of county commissions and one representative of county or regional solid waste authorities; and, be it
Further Resolved, That the study should include the promotion of waste handling competition and the examination of the feasibility of combining public and private partnerships in establishing landfills, transfer stations and recycling facilities; 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.
Resolutions Introduced

Mr. Speaker, Mr. Kiss, and Delegates Pethtel, Amores, Anderson, Argento, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Ferrell, Frederick, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Leach, Leggett, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Palumbo, Paxton, Perdue, Perry,, Pino, Poling, Proudfoot, Roberts, Romine, Rowan, Spencer, Stalnaker, Staton, Stemple, Stephens, Susman, Swartzmiller, Tabb, Talbott, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Wakim, Walters, Webster, Wells, G. White, H. White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 78 - "Requesting the Joint Committee on Government and Finance study the awarding of state contracts, loans, grants and industrial revenue bonds to companies outsourcing certain jobs."
Whereas, In recent years, a number of companies have replaced highly skilled workers from this state with lower-paid, foreign laborers, a practice known as outsourcing; and
Whereas, In many cases, the impetus for the outsourcing is pressure from domestic and foreign capital venture companies that see foreign labor as a way of increasing their already significant profits; and
Whereas, The preservation of jobs in this State is of critical importance to the economic vitality of the State and the local communities within the State; and
Whereas, The economic dislocation caused by outsourcing jobs threatens the health, safety and welfare of the people of this State; and
Whereas, A company that engages in outsourcing should not enjoy the benefits of a lucrative State or local procurement contract and should be prohibited from receiving any economic development assistance or subsidies from State or local government; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the awarding of State contracts, loans, grants and industrial revenue bonds to companies outsourcing certain jobs; 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.
Mr. Speaker, Mr. Kiss, and Delegates DeLong, Amores, Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Ferrell, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Leach, Leggett, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, R. Thompson, R. M. Thompson, Tucker, Varner, Wakim, Walters, Webster, Wells, G. White, H. White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 79 - "Requesting the Joint Committee on Government and Finance to study the increasing drug problem in West Virginia, drug use among juveniles, criminal penalties related to drug use, treatment options and how the state can cooperate with other states, specifically in the border counties."
Whereas, There were 2,060 state and local arrests for drug abuse violations in West Virginia during 2003; and
Whereas, During 2002, the West Virginia Division of Criminal Justice Services funded one statewide and fifteen regional Drug and Violent Crime Control task forces. These task forces made 983 arrests for drug-related activity in 2002. The arrests resulted in 1,465 offenses charged to adults and 22 offenses charged to juveniles (some arrests involved more than one offense); and
Whereas, Approximately 55% of West Virginia 12th graders surveyed in 2003 reported using marijuana at least once during their lifetime; and
Whereas, Powder and crack cocaine are widely available in most West Virginia cities. Abuse of crack is usually restricted to low
and low-middle income individuals, but crosses all ethnic lines; and
Whereas, The border counties in the Northern Panhandle are facing an influx of heroin; and
Whereas, Marijuana is the most widely available and commonly used drug in West Virginia. The state consistently ranks in the top ten states for marijuana eradication and commonly serves as a source area for domestic marijuana; and
Whereas, Methamphetamine has become an increasing drug threat to West Virginia; and
Whereas, Demand for MDMA (esctasy) in West Virginia has increased, but abuse remains concentrated near Morgantown, which is the location of West Virginia University. The demand for MDMA in college towns is large enough to bring thousands of pills into the state every month. The state's remote terrain also makes it suitable to host "rave" parties; and
Whereas, West Virginia was one of the first areas in the United States to experience widely publicized problems with OxyContin diversion and abuse. Pharmaceutical drug abuse in general has always been an enormous concern in West Virginia, particularly in the southern region; and
Whereas, In 2000 the U.S. Drug Enforcement Administration reported there were a total of one hundred forty-five methamphetamine lab seizures, including labs and dump sites in West Virginia and its bordering states; and
Whereas, There exists no coordinated national response to the methamphetamine (meth) issues faced by states. The United States currently lacks a centralized clearinghouse for meth-related information; and
Whereas, Currently there exists no centralized dedicated stream of funding for states to access for assisting in countering the criminal, health, social and environmental effects of meth; and
Whereas, Law-enforcement officials are faced with increasing challenges as meth and meth production shift from state-to-state as laws vary across the region; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the increasing drug problem in West Virginia, drug use among juveniles, criminal penalties related to drug use, treatment options and how this state can cooperate with other states, specifically in the border counties; and, be it
Further Resolved, That the Joint Committee on Government and Finance report on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the next regular session of the Legislature; and, be it
Further Resolved, That the expenses necessary to 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.
By Mr. Speaker, Mr. Kiss,and Delegates Iaquinta, Amores, Anderson, Argento, Armstead, Azinger, Barker, Beach, Beane, Blair, Boggs, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, Doyle, Duke, Eldridge, Ennis, Evans, Ferrell, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Kominar, Leach, Leggett, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, R. Thompson, R. M. Thompson, Tucker, Varner, Wakim, Walters, Webster, Wells, G. White, H. White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 80 - "Requesting the Joint Committee on Government and Finance to conduct a study of the need to develop and implement a statewide emergency response to school shootings."
Whereas, Recent news reports of student shootings in public schools has once again focused a need to assure that students in West Virginia are safe and that the State is able to respond immediately and effectively to any threatened or attempted school shooting; and
Whereas, There is a need to involve public schools, private schools, colleges and universities in developing an emergency response in conjunction with the State Police, County Sheriffs, municipal police authorities, the State Board of Education, the State Fire Marshal, county emergency services personnel and personnel from federal law enforcement and federal emergency management agencies; and
Whereas, An effective statewide emergency response plan is needed to deter school shootings and to reduce the casualties that may result from a school shooting; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need to develop and implement a statewide emergency response to school shootings; 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 Yost and Ennis offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 81 - "Naming the bridge which traverses Buffalo Creek on State Route 2 at the southern entrance to Wellsburg in Brooke County, the 'John G. Chernenko Bridge'."
Whereas, John G. Chernenko, served this State with honor and distinction as a State Senator, being elected to that position of high honor and trust on three separate occasions, in 1982, 1986 and 1990; and
Whereas, Before serving this State as a State Senator, John G. Chernenko selflessly served this Country with great courage, going above and beyond the call of duty as a soldier in the United States Army during World War II, enduring great hardship and sacrifice as a prisoner of war, and being awarded the Purple Heart with cluster, and Bronze Star (five campaigns) as the result of the heroism he exhibited on the field of battle; and
Whereas, In 1961 he continued his service to his country as he was appointed by President John F. Kennedy to be the United States Marshal for the Northern District of West Virginia, a position to which he was reappointed by President Lyndon B. Johnson in 1965 and in which he served until 1969; and
Whereas, As a State Senator, Senator Chernenko served as Majority Whip, Chairman of the Labor Committee, and member of the Energy, Industry and Mining, Finance, Government Organization, Health and Human Resources, Military, and Select Committee on Redistricting; and
Whereas, As a small token of this Legislative Body's immense and genuine appreciation for Mr. Chernenko's service, dedication and courage, as a Soldier, Legislator and Leader, it is desired that the bridge traversing Buffalo Creek at the southerly entrance to Mr. Chernenko's beloved Wellsburg in Brooke County, be named the "John G. Chernenko Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge which traverses Buffalo Creek on State Route 2 at the southern entrance to Wellsburg in Brooke County, the "John G. Chernenko Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to cause to be fabricated signs, to be posted at both ends of the above-designated bridge, with words, printed in bold and prominent fashion, proclaiming the "John G. Chernenko Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to provide a certified copy of this Resolution to John G. Chernenko, in care of Marc B. Chernenko, 170 Sycamore Street, Wellsburg, West Virginia 26070 and to send a copy to the commissioner of highways.
Petitions

Delegate Beach presented a petition, signed by fifty-four residents of the State, in support of H. B. 2463, allowing the State Superintendent of Schools to designate certain geographical areas as a "School Choice Zone"; which was referred to the Committee on Education.
Delegates Morgan and Craig presented a petition, signed by one thousand two residents of the State, in support of a Statewide Referendum to allow voters to decide whether or not to legalize table games; which was referred to the Committee on the Judiciary.
Delegate Sobonya presented a petition, signed by approximately one thousand residents of the State, in support of a Statewide Referendum to allow voters to decide whether or not to legalize table games; which was referred to the Committee on the Judiciary.
Motions

S. B. 604, Establishing method for projecting increase in net enrollment for each school district, still being in possession of the Clerk, was taken up for further consideration.
On motion of Delegate Staton, the House of Delegates then reconsidered the effective date of the bill.
An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 604 - "A Bill to amend and reenact §18-9A-15 and §18-9A-22 of the Code of West Virginia, 1931, as amended, relating to allowances of public school support; authorizing certain advanced scheduled payments of allowance for increased enrollment for certain counties that have experienced certain recent increases in enrollment; and authorizing grant allowances for certain counties with low student net enrollment under certain circumstances.
"
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 395), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Border, Cann, Fragale, Houston, Leach, Long, Palumbo and Wakim.
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.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Consent Calendar

First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 42, Limiting liability for waste tire remediation costs for certain owners of real property,
S. B. 122, Allowing certain state-chartered banks to organize as limited liability companies,
S. B. 183, Authorizing warden to allow withdrawal from inmate's savings account in certain cases,
Com. Sub. for S. B. 238, Including steel railroad track and track material under statutory provisions involving purchase of scrap metal,
And,
Com. Sub. for S. B. 580, Prohibiting political subdivisions from regulating seeds.
Third Reading

Com. Sub. for S. B. 401,Relating to institutional boards of governors at certain community and technical colleges; 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. 396), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Border, Cann, Fragale, Houston, Leach, Long, Palumbo and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 401) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 397), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Border, Cann, Fragale, Houston, Leach, Long, Palumbo and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 401) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 3163, Prohibiting colleges from requiring students to purchase bundled textbook packages; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for S. B. 287, Transferring authority to propose water quality standard rules to Department of Environmental Protection,
S. B. 417, Providing for organization and joint ownership of joint development entities by municipalities and certain authorities,
S. B. 614, Updating meaning of certain terms used in Corporation Net Income Tax Act,
And,
S. B. 623, Updating meaning of certain terms used in Personal Income Tax Act.
Com. Sub. for S. B. 717, Permitting Wetzel County Hospital provide alternate retirement plan for new employees; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Border, Cann, Fragale, Houston, Leach, Long, Palumbo and Wakim.
Miscellaneous Business

Delegates Doyle and Hunt announced that they absent when the vote was taken on Roll No. 394, and had they been present they would have voted "Yea" thereon.
At 11:33 a.m., the House of Delegates adjourned until 10:00 a.m., Monday, April 4, 2005.