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Thursday, September 8, 2005


     The House of Delegates met at 4:00 p.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 roll being called, (Roll No. 804), and 97 members having answered to their names, the Speaker declared the presence of a quorum.
     The Clerk proceeded to read the Journal of Wednesday, September 7, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
     Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 405, Changing West Virginia's Unemployment Compensation law to conform it to federally mandated legislation,
     And reports the same back with the recommendation that it do pass.
     At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 405) was taken up for immediate consideration, read a first time and then ordered to second reading.
Messages from the Senate
     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. 4002 - "A Bill to amend and reenact §11-8-16 of the Code of West Virginia, 1931, as amended, relating to levy elections; allowing levy elections in conjunction with primary elections; and conforming the statute to meet constitutional requirements."
     At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 4002) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Bills Introduced
     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
     By Mr. Speaker, Mr. Kiss, and Delegate Trump
     [By Request of the Executive]:
     H. B. 414 - "A Bill supplementing and amending chapter sixteen, acts of the legislature, regular session, two thousand five, as amended known as the budget bill, all supplementing and amending the appropriations, as specified herein, with all necessary adjustments of increase, (all other items and language of appropriations of such funds, as set forth in the budget bill, to remain unchanged and unaffected), and new appropriations provided for by this legislation for the fiscal year ending the thirtieth day of June, two thousand six"; to the Committee on Finance.
     By Mr. Speaker, Mr. Kiss, and Delegate Trump
     [By Request of the Executive]:
     H. B. 415 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriation from the department of agriculture, agriculture fees fund, fund 1401, fiscal year 2006, organization 1400, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six"; to the Committee on Finance.
     By Mr. Speaker, Mr. Kiss, and Delegate Trump
     [By Request of the Executive]:
     H. B. 416 - "A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated surplus balance in the state fund, general revenue, to a new item of appropriation designated to the department of agriculture - West Virginia agricultural land protection authority, fund 0607, fiscal year 2006, organization 1400, all supplementing and amending chapter sixteen, acts of the legislature, regular session, two thousand five, known as the budget bill"; to the Committee on Finance.
     By Mr. Speaker, Mr. Kiss, and Delegate Trump
     [By Request of the Executive]:
     H. B. 417 - "A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated surplus balance in the state fund, general revenue, to the West Virginia conservation agency, fund 0132, fiscal year 2006, organization 1400, to the department of health and human resources, division of human services, fund 0403, fiscal year 2006, organization 0511, to the department of military affairs and public safety, division of veterans' affairs, fund 0456, fiscal year 2006, organization 0613, and to the West Virginia council for community and technical college education - control account, fund 0596, fiscal year 2006, organization 0420, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand six"; to the Committee on Finance.
     By Mr. Speaker, Mr. Kiss, and Delegate Trump
     [By Request of the Executive]:
     H. B. 418 - "A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated balance in the state excess lottery revenue fund, to the lottery commission - excess lottery revenue fund surplus, fund 7208, fiscal year 2006, organization 0705, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand six"; to the Committee on Finance.
     By Mr. Speaker, Mr. Kiss, and Delegate Trump
     [By Request of the Executive]:
     H. B. 419 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the state fund, general revenue, to the department of health and human resources - division of human services, fund 0403, fiscal year 2006, organization 0511 and higher education - higher education policy commission - system - control account, fund 0586, fiscal year 2006, organization 0442, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six"; to the Committee on Finance.
     By Mr. Speaker, Mr. Kiss, and Delegate Trump
     [By Request of the Executive]:
     H. B. 420 - "A Bill expiring funds to the unappropriated surplus balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand six, in the amount of thirty-three million dollars from the tax reduction and federal funding increased compliance fund, fund 1732, fiscal year 2006, organization 2300, in the amount of five million dollars from the tax reduction and federal funding increased compliance lottery fund, fund 1735, fiscal year 2003, organization 2300, in the amount of thirteen million dollars from the special income tax refund reserve fund, fund 1313, fiscal year 2006, organization 1300, in the amount of four million dollars from the joint expenses, fund 0175, fiscal year 2005, organization 2300, activity 642, and in the amount of three million dollars from the joint expenses, fund 0175, fiscal year 2004, organization 2300, activity 642, and making a supplementary appropriation of public moneys out of the treasury from the unappropriated surplus balance for the fiscal year ending the thirtieth day of June, two thousand six, to the department of administration - consolidated public retirement board, fund 0195, fiscal year 2006, organization 0205"; to the Committee on Finance.
House Calendar
Second Reading
     H. B. 403, Providing for a technical correction relating to benefits of spouses and children of state troopers who die in the line of duty; on second reading, coming up in regular order, was read a second time.
      On motion of Delegates Michael and Stalnaker, the bill was amended on page four, section twelve, following line sixty-two, by inserting a new paragraph to read as follows:
     "It is the intent of the Legislature that the levels of benefits provided by operation of this section from the effective date of the enactment of this section during the regular session of the Legislature, two thousand five, be the same levels of benefits as provided by this section as amended and reenacted during the fourth extraordinary session of the Legislature, two thousand five. Accordingly, the effective date of the operation of this section as amended and reenacted during the fourth extraordinary session of the Legislature, two thousand five, is expressly made retrospective to the ninth day of April, two thousand five."
     There being no further amendments, the bill was then ordered to engrossment and third reading.
     H. B. 404, Allowing excess levy elections at primary elections and removing language which conflicts with article X, section 11 of the West Virginia Constitution; on second reading coming up in regular order, was, on motion of Delegate Staton, laid over one day, retaining its place on the calendar.
     H. B. 406, Providing that the fourth Thursday and Friday of November are "Thanksgiving Holidays", and combining Lincoln's Birthday and Washington's Birthday into a single holiday known as Presidents' Day to match the federal holiday; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence
     At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Iaquinta and Porter.
     At 5:33 p.m., the House of Delegates adjourned until 9:00 a.m., Friday, September 9, 2005.