hdj2004-02-19-37

__________*__________
Thursday, February 19, 2004

     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 Wednesday, February 18, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
     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. 34, Renaming the connection of Route 73 from Route 119 between Fountain Place Mall and Mt. Gay, Logan County, the "West Virginia POW-MIA Highway",
     H. C. R. 36, Naming the newly constructed bridge over Dunkard Creek on Route 39 in the western end of Monongalia County, the "Robert C. 'Bob' Beach Memorial Bridge",
     And,
     H. C. R. 40, Naming the bridge on Route 28 near Romney, Hampshire County, the "John Blue Bridge",
     And reports the same back with the recommendation that they each be adopted.
     Chairman R. M. Thompson, 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. 286, Relating to assessment of regulated consumer lenders,
     And reports the same back, by unanimous vote of the Committee, 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 (S. B. 286) was referred to the Committee on Finance.
     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:
     H. B. 4215, Insurance Commissioner, surplus lines insurance,
     And,
     S. B. 479, Relating to licensing foreign insurers,
     And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 4215 and S. B. 479) were each referred to the Committee on the Judiciary.
     Chairman R. M. Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 4426, Requiring banking institutions to post bond or other security for the deposit of county, municipal or county board of education funds,
     And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 4426) was referred to the Committee on the Judiciary.
     Chairman Cann, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
     H. B. 4411, Changing certain reporting requirements in the West Virginia workforce investment act,
     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 Government Organization be dispensed with.
     In the absence of objection, reference of the bill (H. B. 4411) 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 (H. B. 4411) will be placed on the Consent Calendar.
     Chairman Campbell, from the Committee on Pensions and Retirement, submitted the following report, which was received:
     Your Committee on Pensions and Retirement has had under consideration:
     H. B. 2731, Providing dedication of a portion of pari-mutuel proceeds be utilized to fund employee retirement plans at certain racing facilities,
     And reports the same back, by unanimous vote of the Committee, 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 (H. B. 2731) was referred to the Committee on the Judiciary.
     On motion for leave, a bill was introduced (Originating in the Committee on Pensions and Retirement and reported by unanimous vote of the Committee, with the recommendation that it do pass, but that it first be referred to the Committee on Finance), which was read by its title, as follows:
     By Delegates Campbell, Craig, Williams, Browning, Hall and Duke:
     H. B. 4545 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7B-7a; and to amend said code by adding thereto a new article, designated §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and §18-7C-14, all relating to the merger and consolidation of the teachers' defined contribution retirement system and the state teachers retirement system generally; closing the teachers' defined contribution retirement system to newly hired personnel; rehires to be in last plan contributed to; setting forth short title; setting forth Legislative findings and purpose; providing definitions; providing for merger and consolidation of the teachers' defined contribution retirement system and the state teachers retirement system; setting forth dates and time periods; providing for notice to members; providing for education of members; specifying dates and relevant time periods; providing for conversion and transfer of assets from the teachers' defined contribution retirement system to the state teachers retirement system; providing for election on the question of merger and consolidation of the teachers' defined contribution retirement system and the state teachers retirement system; prior service in state teachers retirement system unaffected; setting forth terms of election and defining valid election; setting forth terms of merger and consolidation of the teachers' defined contribution retirement system and the state teachers retirement system; requiring members of defined contribution plan to pay additional amount in order to receive full actuarial credit upon merger; establishing time period for payment and interest; plan loans; loan terms; addressing withdrawals and cash outs; providing for service credit in the state teachers retirement; providing that provisions of article are void if less than a majority of at least one-half of the members of the defined contribution plan vote in favor of the merger; allowing consolidated public retirement board to contract directly for professional services; providing the election is deemed final; addressing qualified domestic relations orders; providing for vesting; setting forth minimum guarantees; providing for due process and right to appeal; and providing for non-severability."
     The Speaker then referred the bill (H. B 4545) to the Committee on Finance.
     Chairman Yeager, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
     Your Committee on Agriculture and Natural Resources has had under consideration:
     H. B. 4513, Prohibiting a criminal action against a person who unintentionally allows his or her dog to pursue an animal or wild bird onto private property,
     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 (H. B. 4513) was referred to the Committee on the Judiciary.
     Chairman Yeager, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
     Your Committee on Agriculture and Natural Resources has had under consideration:
     H. B. 4450, Permitting the sale of timber severed in a state park incidental to construction activities,
     And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
     Com. Sub. for H. B. 4450 - "A Bill to amend and reenact §20-5-2 of the code of West Virginia, 1931, as amended, relating to permitting the sale of timber severed in a state park incidental to construction activities; use of gross proceeds derived from timber sales; and making technical corrections,"
     With the recommendation that the committee substitute do pass, 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 (Com. Sub. for H. B. 4450) to the Committee on Finance was abrogated.
     Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4450) will be placed on the Consent Calendar.
     Chairman Yeager, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
     Your Committee on Agriculture and Natural Resources has had under consideration:
     H. B. 4449, Allowing both residents and nonresidents to apply for and obtain a Class Q permit for disabled persons,
     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 Finance be dispensed with.
     In the absence of objection, reference of the bill (H. B. 4449) to the Committee on Finance was abrogated.
     Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4449) will be placed on the Consent Calendar.
Messages from the Executive
     Mr. Speaker, Mr. Kiss, presented the annual report of the West Virginia Division of Tourism, in accordance with section nine, article two, chapter five-b of the code; which was filed in the Clerk's Office.
Messages from the Senate
     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. 19, Naming the replacement bridge on Sellers Run Road in Tyler County, the "E. Glenn Moore Memorial Bridge".
     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. 276 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §59-1-10a, relating to establishing a marriage license discount if the applicants show proof of a certificate of completion by an approved premarital counseling course"; 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. 425 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-1-3, relating to making English the official language of West Virginia"; 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. 509 - "A Bill to amend and reenact §11A-3-10 of the code of West Virginia, 1931, as amended, relating to surplus being distributed to a person or persons who owned the property at the time of the sale, or the heirs, devisees, legatees, executors, administrators, successors or assigns thereof when there has been no redemption; and time for filing a claim"; which was referred to the Committee on the Judiciary.
     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 Division of Highways name the bridge on Route 49 crossing the Tug Fork River from Matewan, Mingo County, West Virginia, to Buskirk, Kentucky, the 'Michael S. Justice Bridge'."
     Whereas, Michael S. Justice, who served his nation with pride and distinction in the United States Navy, was assigned to the battleship USS Iowa; and
     Whereas, On April 19, 1989, the USS Iowa was engaged in gunnery exercises 330 miles northeast of Puerto Rico. Suddenly, there was an explosion and subsequent fire on the second of two forward turrets at the loading position of the middle gun in the three-gun turret. As a result of the explosion, 47 sailors were killed; and
     Whereas, Sadly, one of the sailors killed on that terrible day was West Virginia native Michael S. Justice of Matewan, Mingo County; and
     Whereas, It is fitting that a lasting tribute be paid to the honor and memory of Michael S. Justice who was killed while in service to his nation; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the bridge on Route 49 crossing the Tug Fork River from Matewan, Mingo County, West Virginia, to Buskirk, Kentucky, the "Michael S. Justice Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Michael S. Justice Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
     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. 28 - "Requesting the Division of Highways rename the connection of Route 73 from Route 119 between Fountain Place Mall and Mt. Gay, Logan County, the 'West Virginia POW-MIA Highway'."
     Whereas, Thousands of American soldiers who have served their nation with pride and distinction have suffered at the hands of the enemy as prisoners of war; and
     Whereas, Because of the trauma experienced by many of our prisoners of war, many of them continue to suffer serious physical illnesses and distress as a result of their captivity; and
     Whereas, Many of our nation's soldiers who have fought in America's battles for freedom are still missing in action. Many families and friends of MIAs are unable to bring the loss of their loved ones to a close, keeping hope that they are, perhaps, POWs; and
     Whereas, As a tribute to the American soldiers who have served our nation and found themselves held prisoners of war in the hands of our enemies, and as a remembrance of those for whom there has not been an accounting, it is fitting that their service be honored; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways rename the connection of Route 73 from Route 119 between Fountain Place Mall and Mt. Gay, Logan County, the "West Virginia POW-MIA Highway"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the highway as the "West Virginia POW-MIA Highway"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
     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 Division of Highways name the bridge on U. S. Route 60 crossing Four Pole Creek from Cabell County to Wayne County, the 'Colonel Justice M. Chambers Memorial Bridge'."
     Whereas, Justice M. Chambers, a native of Huntington, Cabell County, attended Marshall College in the 1920s and served with distinction in the United States Marine Corps from 1929 to 1946 as Commanding Officer of the Third Assault Battalion Landing Team, Twenty-fifth Marines, Fourth Marine Division; and
     Whereas, In February 1945, while seriously wounded, Colonel Chambers led an eight-hour battle against fierce Japanese resistance at Iwo Jima after landing on the island in a furious barrage of enemy machine gunfire; and
     Whereas, As a direct result of Colonel Chambers' forceful leadership, courage and fortitude in the face of staggering odds, a vital foothold on the island was protected, thus leading to the success of subsequent operations of the Fifth Amphibious Corps on Iwo Jima; and
     Whereas, Colonel Chambers, in accordance with his heroic acts on the battlefield, received the Congressional Medal of Honor in 1946 from President Harry S. Truman; and
     Whereas, In addition to the Medal of Honor, Colonel Chambers received the Silver Star and Legion of Merit with Combat "V", Purple Heart with two gold stars, Presidential Unit Citation with three bronze stars, Marine Corps Reserve Medal with two stars, American Defense Service Medal with silver star (denoting five campaigns) and the World War II Victory Medal; and
     Whereas, Colonel Chambers was appointed in 1962 by President John F. Kennedy to the post of Deputy Director of the Office of Emergency Planning, where he served with distinction until his retirement; and
     Whereas, Colonel Chambers passed away on July 29, 1982, at the age of 74; and
     Whereas, Colonel Chambers, a distinguished native son, embodied the finest traditions of United States military and civilian service to this country; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the bridge on U. S. Route 60 crossing Four Pole Creek from Cabell County to Wayne County, the "Colonel Justice M. Chambers Memorial Bridge"; and, be it
     Further Resolved, That the Legislature hereby requests the Division of Highways place signs at each end of the bridge identifying it as the "Colonel Justice M. Chambers Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, the Headquarters of the United States Marine Corps in Washington, D. C., and to Colonel Chambers' nephews, Benjamin and Carter Chambers.
Petitions
     Delegates Doyle, Tabb and Manuel presented a resolution adopted by the County Commission of Jefferson County supporting the passage of a statewide container recycling legislation; which was referred to the Committee on the Judiciary.
Bills Introduced
     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
     By Delegate Carmichael:
     H. B. 4533 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7c, relating to requiring all middle schools and high schools to teach fetal development; and providing that nothing contained in the section can be construed as approving of abortion"; to the Committee on Education then the Judiciary.
     By Delegates Caruth, Trump, Blair, Duke, Kominar and H. White:
     H. B. 4534 - "A Bill to amend and reenact §11-5-12 of the code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 of said code; and to amend said code by adding thereto a new section, designated §17A-3-12b, all relating to providing a procedure to permit owners of mobile homes to obtain cancellation of certificates of title when the mobile home is permanently attached to the owner's real estate; permitting the filing of canceled certificates of title in the office of the clerk of the county commission; and providing that mobile homes permanently attached to real estate of the owner may not be classified as personal property if its certificate of title has been canceled"; to the Committee on the Judiciary then Finance.
By Delegates Spencer, Palumbo, Foster, Webster, Amores and Calvert:

     H. B. 4535 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-32, relating to providing relief from property taxes when real property is damaged or destroyed in a disaster, which results in a declaration of same from either the governor or the president of the United States"; to the Committee on the Judiciary.
By Delegates Stemple, Varner, Swartzmiller, Staton, Kominar, Michael and Amores:

     H. B. 4536 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-10A-1 and §15-10A-2, all relating to establishing the law- enforcement act; to authorize the reemployment of retired county and municipality law-enforcement officers, and division of natural resource law-enforcement officers"; to the Committee on the Judiciary.
     By Delegate Susman:
     H. B. 4537 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion by any person who has admitted to or who has been adjudicated to have committed medical malpractice; prescribing a criminal penalty for violations of the section; and providing that nothing in the section can be construed as approving the performance of an abortion"; to the Committee on Health and Human Resources then the Judiciary.
     By Delegates Susman and Browning:
     H. B. 4538 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4E-1 and §9-4E-2, all relating to exempting certain physicians from obtaining preauthorization before dispensing psychotrophic medications to mentally ill medicaid recipient patients in order to avoid catastrophic results from inadequate and untimely treatment; and providing findings by the Legislature"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Swartzmiller, Beach, Kominar, Yost, G. White, Michael and Warner:

     H. B. 4539 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-25A-1, §29-25A-2, §29-25A-3, §29-25A-4, §29-25A-5, §29- 25A-6, §29-25A-7, §29-25A-8, §29-25A-9, §29-25A-10, §29-25A-11, §29-25A-12, §29-25A-13, §29-25A-14, §29-25A-15, §29-25A-16, §29-25A-17, §29-25A-18, §29-25A-19, §29-25A-20, §29- 25A-21, §29-25A-22, §29-25A-23, §29-25A-24, §29-25A-25, §29-25A-26 and §29-25A-27, all relating generally to authorizing racetrack table gaming facilities at licensed horse and dog racetracks and providing generally therefor; providing for legislative findings and intent; requiring local option elections to approve licensure of racetrack table gaming facilities; defining certain terms; duties and powers of the state lottery commission; appointment of lottery commission staff; adoption and proposal of rules; contract agreements and cost for law-enforcement services; providing generally for licenses to engage in activities related to operation of racetrack table gaming facilities; severability of article; qualifications for applicant for license to operate a racetrack table gaming facility; conditions of license; license application requirements; information required of certain corporations; racetrack table gaming facility qualifications; application, license and investigative fees; requirement for surety bond; authorization of license and prohibiting transfer, assignment, sale or pledge as collateral; audits and reports of licensee; requirements for license for supplier of racetrack table gaming facility; requirements for license for employee of operator of racetrack table gaming facility; prohibition of false statements on application for license; grounds for denial, revocation or suspension of license; reprimand of licensee; information included on license; display and availability of license; notice of change of address; expiration and renewal of licenses; renewal fees; hearing procedures; licensee consent to warrantless searches of person and property; patron consent to presence of law-enforcement officers; permitting racetrack table gaming operators to set wagers; transfers of gross terminal income to state racetrack table gaming fund; imposing privilege tax on adjusted gross receipts of racetrack table gaming facility; providing generally for filing and payment of taxes; creating state racetrack table gaming fund; distribution of amounts in fund; prohibited wagers and other activities; prohibiting wagers by certain persons; establishing criminal offenses and penalties; forfeiture of certain property; and providing civil penalties"; to the Committee on the Judiciary then Finance.
     By Delegates R. Thompson and Perdue:
     H. B. 4540 - "A Bill to amend and reenact §18C-7-6 of the code of West Virginia, 1931, as amended, relating to providing that any imposition of increased objective standards applicable to eligibility requirements for the PROMISE scholarship not take effect for a period of two years in order to allow prospective applicants the opportunity to receive notice of the changes"; to the Committee on Education.
     By Delegate Webb:
     H. B. 4541 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-29, relating to creating the crimes of unlawful surveillance and dissemination of unlawful surveillance; defining 'imaging device'; and prescribing penalties for violators"; to the Committee on the Judiciary.
     By Delegate Webb (By Request):
     H. B. 4542 - "A Bill to repeal §16-29B-1, §16-29B-2, §16-29B-3, §16-29B-4, §16-29B-5, §16-29B-6, §16-29B-7, §16-29B-8, §16-29B-9, §16-29B-10, §16-29B-11, §16-29B-12, §16-29B-13, §16-29B-14, §16-29B-15, §16-29B-16, §16-29B-17, §16-29B-18, §16-29B-19, §16-29B-20, §16- 29B-21, §16-29B-22, §16-29B-23, §16-29B-24, §16-29B-25, §16-29B-26, §16-29B-27 and §16- 29B-28 of the code of West Virginia, 1931, as amended, relating to abolishing the Health Care Cost Review Authority"; to the Committee on the Judiciary.
     By Delegates H. White, Kominar, Amores and Stalnaker:
     H. B. 4543 - "A Bill to amend and reenact §33-20-3 of the code of West Virginia, 1931, as amended, relating to establishing rating areas for fire and casualty insurance costs; and requiring that varying replacement costs that exist in different counties and areas of the state be taken into consideration in establishing insurance rates"; to the Committee on Banking and Insurance then the Judiciary.
     By Delegates Williams, Amores and Kominar:
     H. B. 4544 - "A Bill to amend and reenact §52-1-1, §52-1-7, §52-1-8, §52-1-11, §52-1-23 and §52-1-24 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §52-1-10a and §52-1-23a; to amend and reenact §52-3-1 of said code; and to amend said code by adding thereto a new article, designated §52-4-1, all relating to petit jury service"; to the Committee on the Judiciary then Finance.
Consent Calendar
Third Reading
     The following bills on third reading, coming up in regular order, were each read a third time:
     Com. Sub. for S. B. 258, Relating to enforcement of domestic violence protective orders generally,
     And,
     Com. Sub. for H. B. 4434, Expanding the possible venues where a child neglect or abuse petition may be filed.
     On the passage of the bills, the yeas and nays were taken (Roll No. 150), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent And Not Voting: Boggs, Brown, Coleman, Kuhn and Warner.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for S. B. 258 and Com. Sub. for H. B. 4434) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bills and request concurrence on those bills requiring the same.
Second Reading
     S. B. 449, Relating to elections generally; on second reading, coming up in regular order, was reported by the Clerk.
     The Clerk announced that, pursuant to House Rule 70a, Delegate Amores had requested S. B. 449 be removed from the Consent Calendar and be placed upon the House Calendar.
     The Clerk next reported the following bills on second reading:
     Com. Sub. for H. B. 4044, Increasing the salary limit for the state superintendent's position,
     And,
     Com. Sub. for H. B. 4053, Changing the rate of compensation of members of the state board of education.
     The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested Com. Sub. for H. B. 4044 and Com. Sub. for H. B. 4053 be removed from the Consent Calendar and be placed upon the House Calendar.
     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 H. B. 4271, Requiring all schools to permit students to self-administer asthma medication,
     Com. Sub. for H. B. 4297, Clarifying that the county board of education and its superintendent may designate the places where competency testing for service personnel will be held,
     And,
     H. B. 4467, Relating to the payment of expert fees in child abuse and neglect cases.
First Reading
     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     H. B. 4247, Clarifying that the board of registration for professional engineers may assess civil penalties,
     H. B. 4308, Providing immunity from civil damages to workers who in good faith provides services or materials, without remuneration, to build or install certain universal accessibility features in accordance with applicable state and federal laws,
     Com. Sub. for H. B. 4433, Creating the crime of abuse and neglect of an elderly person and the crime of misuse or misappropriation of the funds or assets of an elderly person,
     And,
     H. B. 4514, Mandatory treatment program for repeat or serious DUI offenders.
Special Calendar
Third Reading
     Com. Sub. for H. B. 4364, Including division of forestry employees in the assault and battery statute with similar state personnel; on third reading, coming up in regular order , was read a third time.
     On the passage of the bill, the yeas and nays were taken (Roll No. 153), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent And Not Voting: Boggs, Brown, Coleman, Kuhn and Warner.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4364) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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 H. B. 4156, Providing the West Virginia state police with the ability to define and draw DNA samples from convicted felons for the purpose of maintaining a DNA database ,
     And,
     Com. Sub. for H. B. 4257, Increasing the amount of prizes that may be given in the conduct of charitable raffles without a license.
First Reading
     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for H. B. 2384, Providing criminal penalties for negligently or carelessly shooting and wounding or killing a human being while hunting under the influence of alcohol or drugs,
     Com. Sub. for H. B. 4141, Authorizing patients or residents of certain health care facilities or homes to designate nonrelatives to receive the same visitation privileges as immediate family members,
     Com. Sub. for H. B. 4374, Relating to manufactured housing construction and safety standards,
     H. B. 4530, Continuing the meat and poultry inspection program,
     H. B. 4531, Continuing the public employees insurance agency finance board,
     And,
     H. B. 4532, Continuing the state fire commission.
Leaves of Absence
     At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Boggs, Brown, Coleman, Kuhn and Warner.
Miscellaneous Business
     Delegate Ferrell submitted a statement to the Clerk in which he noted that he was absent on yesterday when the votes were taken on Roll Nos. 134 through 149, and that had he been present, he would have voted "Yea" thereon.
     Delegate Staton asked and obtained unanimous consent that the remarks of Mr. Speaker, Mr. Kiss, and Delegate Butcher regarding Earl Hager, the oldest living former member of the House of Delegates, be printed in the Appendix to the Journal.
     At 12:03 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00 a.m., Friday, February 20, 2004.