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Thursday, February 17, 2005



The House of Delegates met at 12:30 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 Clerk proceeded to read the Journal of Wednesday, February 16, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.
Committee Reports

On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Perdue, Hatfield, Boggs, DeLong, Frederick, Hrutkay, Leach, Longstreth, Marshall, Miley, Moore, Pino, Susman, Tucker, Webster, Ashley, Border, Hall, Lane, Rowan, Schadler, Sumner and Wakim:

H. C. R. 13 -"Encouraging the Bureau for Public Health to develop a plan for identifying chronic kidney disease in the early stages and evaluating and managing persons with chronic kidney disease and to circulate to physicians and other health care providers the generally accepted standards regarding clinical care for the early identification of chronic kidney disease and clinical management of persons at the highest risk for the disease."
Whereas, Chronic kidney disease is a debilitating condition that affects one in nine, or 20 million Americans; and
Whereas, This disease progresses in five identifiable stages from minor or moderate loss of kidney function to kidney failure where the body can no longer process certain toxins or properly regulate blood pressure or critical nutrients; and
Whereas, In Stage Five of the disease, end-stage renal failure, the patient must undergo dialysis several times a week or receive a kidney transplant; and
Whereas, According to the most recent report from the United States Renal Data System Annual Report, diabetics suffer from chronic kidney disease at five times the overall rate of chronic kidney disease in the United States; and
Whereas, Persons over age 65 develop advanced kidney failure at nearly three times the rate of those younger than age 65; and
Whereas, Persons over age 65 make up approximately 15% of the population of West Virginia, but 54% of those starting dialysis in 2003; and
Whereas, Individuals with diabetes account for 6.3% of the population, but 51% of new dialysis patients; and
Whereas, Estimates indicate that approximately 60,000 West Virginians are likely to have moderate to severe kidney insufficiency; and
Whereas, Chronic kidney disease is projected to cost $20 billion for the national health care system by the year 2010; and
Whereas, Following years of research, clinicians now have a simple and cost-effective means of identification and diagnosis of chronic kidney disease in its early stages and its associated morbidities, including cardiovascular disease; and
Whereas, Evidence-based clinical guidelines developed by scientists and experts in the field of kidney disease and published in numerous peer-reviewed journals could save the lives of countless West Virginians; and
Whereas, Identification of chronic kidney disease and treatment of the various associated morbidities in their early stages will improve patient quality of life, delay the onset of end-stage renal failure, and reduce health care expenditures; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature strongly encourage the Department of Health and Human Resources to work collaboratively with health care providers and consumer advocates throughout the State of West Virginia in the fight against chronic kidney disease; and, be it
Further Resolved, That the Legislature strongly encourage the Department of Health and Human Resources to develop a plan for early identification, evaluation and management of patients with chronic kidney disease; and, be it
Further Resolved, That the Legislature strongly encourage the Department of Health and Human Resources to prepare information for physicians and other health care providers regarding generally accepted guidelines of clinical care in the early identification and clinical management of individuals at the highest risk for chronic kidney disease; and, be it
Further Resolved, That a copy of this resolution be transmitted to the Secretary of Health and Human Resources.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following

report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2177, Establishing a new license plate that designates city or municipal law- enforcement departments,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2177 - "A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to establishing a new license plate that designates city or municipality law-enforcement departments; specifying the design and one time fee,"
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. 2177 ) 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. 2177) will be placed on the Consent Calendar.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the 2003-2004 annual report of the West Virginia Department of Health and Human Resources, Department of Health Facility Licensure and Certification, in accordance with section three-q, article five-c, chapter sixteen, and section four, article five-e, chapter sixteen of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Division of Juvenile Services Resources, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Board of Osteopathy, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2003-2004 annual report of the West Virginia Department of Health and Human Resources, Oral Health Program, in accordance with section six, article forty-one, chapter six of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the Local Government Services Division of the West Virginia State Auditor's Office, in accordance with section, six, article thirteen- a, chapter eleven of the code; which was filed in the Clerk's Office.
Resolutions Introduced

Delegates Caputo, Manchin, Fragale and Longstreth offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 10 - "Requesting the Division of Highways to name the new Watson Bridge over the West Fork River on U.S. Route 250 in Fairmont, Marion County, West Virginia, the 'Watson Senior Citizens Bridge in Honor of Jim Costello'."
Whereas, Jim Costello was born in Monongah, Marion County, June 26, 1923, one of seven children, the son of John Costello, a coal miner, and Amanda Dee Swisher Costello, a midwife, and he passed away on June 7, 2002, leaving a wife, Evelyn Muto Costello, a daughter and son-in-law, Diane and Marc Cervo, son and daughter-in-law, Pat and Jenni Costello, a sister, Margaret Biafore, four grandchildren, Cara Hose and her husband, Steve Hose, Ryan, Brett and Jessica Costello; and
Whereas, Jim Costello served in the United States Navy during World War II and saw action in the South Pacific Theater on a PT boat. He also worked as a coal miner and completed 35 years of service at the Owen-Illinois Glass Plant serving as president of Local Union No. 109; and
Whereas, Jim Costello served as a supervisor for the West Virginia Department of Highways and during that time, he was instrumental in overseeing many projects for Marion County. He oversaw the removal of the dangerous curve at Dakota and the replacement of the current Watson Bridge structure in addition to many other highway projects; and
Whereas, Jim Costello was a strong Democrat and was involved with the Democratic Party serving on the executive committee and as precinct captain. He was the Marion County coordinator of several gubernatorial campaigns and was honored in 1997 as the Democrat of the year in Marion County; and
Whereas, It is fitting that the Watson Bridge be named for this true West Virginian who dedicated his life to improving Marion County and this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new Watson Bridge over the West Fork River on U.S. Route 250 in Fairmont, Marion County, West Virginia, the "Watson Senior Citizens Bridge in Honor of Jim Costello"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Watson Senior Citizens Bridge in Honor of Jim Costello"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this Resolution to the Secretary of the Department of Transportation and to the family of Jim Costello.
Delegates Long, Spencer, Talbott, Hunt, Marshall, Overington and Rowan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 11 - "Requesting that the Joint Committee on Government and Finance study how strengthening families economically can help at-risk children and youth."
Whereas, Research has shown that children do better when their families do better; and
Whereas, Workforce development, family economic supports and community investment help reduce risk factors faced by children and youth today; and
Whereas, Strategies exist to help families become self-sustaining; and
Whereas, The federal Earned Income Tax Credit for low-income wage earners provides up to $4,300 per year for low-income families with a three-year look back period; and
Whereas, An estimated 46,000 West Virginians who were eligible did not claim the Earned Income Tax Credit in 2002, resulting in over $77 million in federal dollars being unclaimed for that year alone; and
Whereas, Families can use their Earned Income Tax Credit to save tax free for an education, a down payment on a home or the start of a business; and
Whereas, Increasing participation in the federal Earned Income Tax Credit by low-income West Virginians would provide a new source of revenue for the State without any additional cost and pump needed dollars into the State's economy; and
Whereas, Business and community efforts to provide free tax assistance to low-income West Virginians has been shown to increase participation in the federal Earned Income Tax Credit; and
Whereas, Investing in the provision of free tax assistance, asset building programs and financial literacy training could likely attract matching grants from major funders; and
Whereas, A small State investment in helping low-income West Virginians could result in an economic windfall for the State; therefore, be it
Resolved by the Legislature of West Virginia:
The Joint Committee on Government and Finance is requested to study the impact that providing financial support for family economic strengthening programs such as free tax assistance has on at-risk families and children; 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 carry out its duties, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Caputo, Fragale, Longstreth, Manchin, Iaquinta, Miley and Cann offered the following resolution, which was read by its title and referred to the Committee on Rules:
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."
Whereas, On March 31, 1933, President Franklin Roosevelt signed into law the authorization to form a Civilian Conservation Corps (CCC) to help alleviate the horrific unemployment problems of the Great Depression, and this year marks the 72nd anniversary of the CCC; and
Whereas, There were 67 CCC camps located in the State of West Virginia, and an estimated 55,000 men served in the West Virginia CCC camps; and
Whereas, The men of the CCC provided vital resource conservation and fire prevention in our forests, planted millions of trees, built hundreds of miles of roads and dozens of bridges, built flood control mechanisms and water conservation ponds, and built many of our state parks, lodges, swimming pools and other recreational areas; and
Whereas, Many of the men learned job skills in the CCC that enabled them to be effective components of the workforce upon completion of their CCC service, and many of the CCC men went on to further distinguish themselves as brave soldiers during World War II; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby honors and acknowledges the contributions of the Civilian Conservation Corps to the State of West Virginia - much of which exists still today for the welfare and benefit of the citizens of this State; and, be it
Further Resolved, That the Legislature hereby designates March 31 of each year as CCC Recognition Day; and, be it
Further Resolved, That the Clerk of the House of Delegates is directed to forward a copy of this resolution to the West Virginia CCC Museum.
Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Boggs, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ennis, Evans, Fragale, Frederick, Frich, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Leggett, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Romine, Rowan, Schadler, Schoen, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, Ron Thompson, Rick Thompson, Trump, Tucker, Varner, Wakim, Walters, Webster, Wells, Williams, Wysong and Yost offered the following resolution:
H. R. 12 - "Encouraging the Ormet Corporation to enter into meaningful discussions to sell the Ormet Reduction and Rolling Mill facilities to entities which will participate with the workers of the facilities and the citizens of Wetzel, Marshall and Tyler counties as well as those of southeastern Ohio to continue the operation of the facilities to the benefit of workers, retirees, local businesses and the surrounding communities."
Whereas, The Ormet Reduction and Rolling Mill facilities in Hannibal, Ohio, have for over a quarter century economically benefitted the citizens of Wetzel, Marshall and Tyler counties of West Virginia; and
Whereas, The facilities' 1,300 employees and the surrounding communities in West Virginia suffer the loss of income and tax revenue with the shutdown of the Ormet Reduction and Rolling Mill facilities; and
Whereas, The workers of the Ormet Reduction and Rolling Mill facilities have been the integral part in making Ormet Corporation a successful competitive company in the worldwide aluminum business;
Whereas, The sanctity of retiree benefits have been a bedrock of American capitalism and the American social contract between business and labor for over a hundred years; and
Whereas, The sanctity of retiree benefits are now threatened by the bankruptcy of Ormet Corporation; and
Whereas, Parties have shown an interest in purchasing the Ormet facilities at Hannibal, Ohio and subsequently negotiating a fair and equitable agreement with the workers of the Ormet facilities; therefore, be it
Resolved by the House of Delegates:
That the Ormet Corporation is encouraged to enter into meaningful discussions to sell the Ormet Reduction and Rolling Mill facilities to entities which will participate with the workers of the facilities and the citizens of Wetzel, Marshall and Tyler counties as well as those of southeastern Ohio to continue the operation of the facilities to the benefit of workers, retirees, local businesses and the surrounding communities; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Mike Williams, Interim President and Chief Executive Officer of the Ormet Corporation, Suite 4000, 1233 Main Street, Wheeling, West Virginia 26003; and the Honorable Barbara J. Sellers, Judge, United States Bankruptcy Court, Southern District of Ohio, 170 North High Street, Columbus, Ohio 43215.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 12) to committee was dispensed with and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, Delegate Pethtel demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 30), 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: Beach, Brown, Campbell, Ferrell, Hamilton, Marshall, Miley and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 12) adopted.
Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Boggs, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Craig, Crozier, DeLong, Doyle, Duke, Eldridge, Ennis, Evans, Fragale, Frederick, Frich, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Leggett, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Romine, Rowan, Schadler, Schoen, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Susman, Swartzmiller, Tabb, Talbott, Tansill, Ron Thompson, Rick Thompson, Trump, Tucker, Varner, Wakim, Walters, Webster, Wells, Williams, Wysong and Yost offered the following resolution, which was read by the Clerk:
H. R. 13 - "Recognizing the accomplishments of Mark Musick, President of the Southern Regional Education Board, a distinguished American who is dedicated to educational excellence."
Whereas, Mark Musick is the son of the late Henry and Mary Foster Musick; and
Whereas, Mark Musick is a graduate of Gate City High School, Scott County, Va. He was valedictorian of his class; and
Whereas, Mark Musick earned his undergraduate and graduate degrees in History from Virginia Polytechnic Institute and State University, where he was president of his graduating class and "Man of the Year"; and
Whereas, Mark Musick came to the Southern Regional Education Board from Virginia, and had served in the Virginia Governor's Office, the Virginia Board for Community Colleges and the Virginia Council of Higher Education; and
Whereas, Mark Musick has been involved in the work of the Southern Regional Education Board for more than two decades to improve quality in southern schools and colleges; and
Whereas, Before being selected Southern Regional Education Board president in 1989, Mark Musick was vice president of the Board and worked primarily with southern state legislators, governors and higher education boards; and
Whereas, Mark Musick has directed technology initiatives that have earned national recognition for the Southern Regional Education Board, including the Educational Technology Cooperative and the Electronic Campus, America's most successful distance learning marketplace. The Southern Regional Education Board's Distance Learning Policy Laboratory has made the south a leader in solving policy problems that limit the reach and success of distance learning; and
Whereas, In the 1980's, Mark Musick directed a project affiliated with the National Assessment of Educational Progress that for the first time produced student achievement information that could be legitimately compared from one state to another. The Southern Regional Education Board project served as a model for the nationwide program that now involves all fifty states and is a key education accountability provision of the "No Child Left Behind Act"; and
Whereas, Mark Musick is a charter member of the new board of ACT, Inc., which administers more than 1.2 million collegiate admissions tests annually. He serves on the Executive Committee and chairs the Corporate Development Committee for ACT; and
Whereas, Three U.S. Secretaries of Education have appointed Mark Musick to chair the Governing Board of the National Assessment of Educational Progress that directs the program known as the Nation's Report Card; and
Whereas, Mark Musick has decide to retire in 2005 from his position as President of the Southern Regional Education Board, leaving behind a lifetime of accomplishments designed to enhance the quality of education in the United States; therefore, be it
Resolved by the House of Delegates:
That the House hereby acknowledges the dedication and commitment of Mark Musick to educational excellence, not only in southern states, but across the country; and, be it
Further Resolved, That the House extends its sincere appreciation to him for his many contributions and service as President of the Southern Regional Education Board. His Knowledge and expertise, along with his leadership ability, has made a lasting impact on the further goals of the Southern Regional Education Board; and, be it
Further Resolved, That the House expresses its best wishes to Mark Musick on the occasion of his retirement as President of the Southern Regional Education Board, and wishes him well in all future endeavors he may choose to undertake; and, be it
Further Resolved, that the Clerk is hereby directed to forward a copy of this resolution to Mark Musick, President of the Southern Regional Education Board and distinguished American. At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 13) to committee was dispensed with and it was taken up for immediate consideration and adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Brown, Long, Palumbo, Butcher, Ellen, Varner and Doyle:
H. B. 2450 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-19, relating to a child's right to nurse"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Fragale:
H. B. 2451 - "A Bill to amend and reenact §8-22-19 of the code of West Virginia, 1931, as amended; and to amend and reenact §33-3-14d of said code, all relating to making additional funds available for the fire and police pension system; making additional funds available for volunteer and part volunteer fire departments"; to the Committee on Pensions and Retirement then Finance.
By Delegates Thompson and Perdue:
H. B. 2452 - "A Bill to amend and reenact §8-6-5 of the Code of West Virginia, 1931, as amended, relating to municipal boundary adjustments for municipalities located in more than one county"; to the Committee on Political Subdivisions then Finance.
By Delegate Louisos:
H. B. 2453 -
"A Bill to amend and reenact §11-21-12 of the code of West Virginia, 1931, as amended, relating to exempting all monetary benefits derived from military retirement from personal income tax obligations "; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegate Walters:
H. B. 2454 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-27-1, §22-27-2, §22-27-3, §22-27-4 and §22-27-5, all relating to establishing the performance based permitting act; setting criteria to be evaluated when applying for a permit; and rewarding compliance with expedited permits"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Hunt:
H. B. 2455 - "A Bill to amend and reenact §20-5-19 of the Code of West Virginia, 1931, as amended, relating to state park campsite discounts for disabled persons; and providing the discount be given year-round"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Morgan, Amores, Caputo, Webster, Armstead, Overington and Schadler:
H. B. 2456 -
"A Bill to amend and reenact article 2, chapter 15 of the code of West Virginia, 1931, as amended, by adding a new section, designated section 24a, all relating to ratifying the federal National Crime Prevention and Privacy Compact"; to the Committee on the Judiciary.
By Delegates Amores, Craig, Marshall, Browning, Morgan, Stalnaker and G. W hite :

H. B. 2457 - "A Bill to amend and reenact §8-22-20 of the code of West Virginia, 1931, as amended, relating to limiting the basis for calculating the alternate method of annual contribution required by municipalities into the Policemen's and Firemen's Pension and Relief Fund "; to the Committee on Pensions and Retirement then Finance.
By Delegates Stemple, Proudfoot, Varner and Pethtel:
H. B. 2458 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to county commissions generally; and providing for the removal of members of boards, authorities and commissions appointed by county commissions "; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Leach, Craig, Hrutkay, Varner and Morgan:
H. B. 2459 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-1B-1 and §5B-1B-2, all relating to establishing a permanent statewide trail plan coordinator "; to the Committee on Government Organization.
By Delegate Hall:
H. B. 2460 - "A Bill to amend and reenact §11-15-9 of the code of West Virginia, 1931, as amended, relating to exempting sales of funeral services, supplies and equipment from the consumers sales tax"; to the Committee on Finance.
By Delegates Stemple and Williams:
H. B. 2461 - "A Bill to amend and reenact §18-4-11 of the Code of West Virginia, 1931, as amended, relating to requiring county superintendents of schools to provide the names and mailing addresses of dropouts to the State Superintendent of Schools and the Director of the Mountaineer Challenge Academy"; to the Committee on Education then the Judiciary.
By Delegates Pino, Perry and Amores:
H. B. 2462 - "A Bill to amend and reenact §18B-12-10 of the Code of West Virginia, 1931, as amended, relating to the assignment and transfer of real property for research and development at institutions of higher education for economic development purposes; and providing that economic development includes housing projects"; to the Committee on Education then the Judiciary.
By Delegates Caputo, Fragale, Manchin and Longstreth:
H. B. 2463 - "A Bill to amend and reenact §18-5-16 of the Code of West Virginia, 1931, as amended, relating to allowing the State Superintendent of Schools to designate certain geographical areas as a 'School Choice Zone'"; to the Committee on Education then Finance.
By Delegates Poling and Stevens:
H. B. 2464 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to changing the paygrade of 'sanitation plant operator' from 'f' to 'g'"; to the Committee on Education then Finance.
By Delegates Williams, Beach, Wells, Eldridge, Perry and Paxton:
H. B. 2465 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2b, relating to education; high quality educational programs; professional personnel; national certification and comparable credential; standards; salary supplement; expense reimbursement; limitations; rules; and report"; to the Committee on Education then Finance.
By Delegates Spencer, Moore and Marshall:
H. B. 2466 - "A Bill to amend and reenact §18-5-32 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-14-1 of said code, all relating to education; eliminating provisions that created unlawful classifications based on race; deleting an obsolete provision relating to the cooperative extension service; and updating other obsolete provisions"; to the Committee on Education then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Boggs, Canterbury, Stalnaker, Michael, Campbell and Staton:

H. B. 2467 - "A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to unemployment compensation generally and eliminating reductions in unemployment compensation for persons receiving benefits under Title II of the Social Security Act"; to the Committee on the Judiciary.
By Delegates Overington, Ron Thompson, Susman, Sobonya, Sumner, Roberts and Armstead:

H. B. 2468 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-7-4b; and to amend and reenact §60-7-5, all relating to requiring a public hearing and county commission approval prior to the issuance of an initial license for a private club or upon the transfer of a license to a private club at a new location"; to the Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino, Leach and Michael:
H. B. 2469 - "A Bill to amend and reenact §25-1-3a of the Code of West Virginia, 1931, as amended, relating to inmate accounts and property; and authorizing the warden of a correctional facility to allow an inmate to withdraw money from the inmate's mandatory savings account for the purpose of preparing the inmate for reentry into society"; to the Committee on the Judiciary.
By Delegate Webster:
H. B. 2470 - "A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5- 11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices; and prohibiting discrimination based upon sexual orientation"; to the Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino, Leach and Michael:
H. B. 2471 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §25-1-3c, relating to inmate funds; establishing a financial responsibility program for inmates; and requiring wardens to deduct a portion from inmate earnings to be used to satisfy child support payments and legitimate court-ordered financial obligations"; to the Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino, Leach and Michael:
H. B. 2472 - "A Bill to amend and reenact §28-5-27 of the Code of West Virginia, 1931, as amended, relating to good time for inmates of correctional institutions; providing that good time may be credited presumptively at the beginning of an inmate?s sentence and that all of an inmate?s good time is subject to forfeiture and revocation for violation of disciplinary rules; and providing credit of good time for certain youthful offenders"; to the Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino and Leach:
H. B. 2473 - "A Bill to amend and reenact §62-12-10 of the Code of West Virginia, 1931, as amended, relating to limiting the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 2474 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §39-1-2c, relating to preventing the recordation of fraudulent deeds; duty of notification by the clerk of the county commission of each county; allowing collection of a fee to cover costs"; to the Committee on the Judiciary.
By Delegates Caputo and Tucker:
H. B. 2475 - "A Bill to amend and reenact §22A-2-16 of the Code of West Virginia, 1931, as amended, relating to requiring the superintendent or owner-operator of the mine to sign the fire boss record book each day along with the mine foreman"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Perry, Beach, Hartman, Pino and Leach:
H. B. 2476 - "A Bill to amend and reenact §62-12-19 of the Code of West Virginia, 1931, as amended, relating generally to parole and parole proceedings; providing that certain persons who have been released on parole three times and had their parole revoked are not eligible for further release on parole; authorizing the Parole Board to hire hearing examiners; and authorizing the Commissioner of the Division of Corrections to issue subpoenas for persons and records necessary to prove a violation of the terms and conditions of a parolee's parole"; to the Committee on the Judiciary.
By Delegates Hrutkay, Beane, Craig, Webster and Amores:
H. B. 2477 - "A Bill to amend and reenact §46A-2-136 of the Code of West Virginia, 1931, as amended, relating to exemptions from execution or other judicial process in consumer credit transaction or consumer leases"; to the Committee on the Judiciary.
Mr. Speaker, Mr. Kiss, and Delegates Craig, Amores, Kominar and Varner:
H. B. 2478 - "A Bill to amend and reenact §11-16-21 of the Code of West Virginia, 1931, as amended, relating to removing the prohibition against brewers of nonintoxicating beer requiring distributors to submit certain financial documents"; to the Committee on the Judiciary then Finance.
By Delegates Frich, Tansill, Canterbury, Stevens, Trump, Stemple and Howard:
H. B. 2479 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-6a, all relating to dangerous weapons; deleting the current exception to the prohibition against carrying deadly weapons for certain out-of-state residents licensed in other states that have reciprocity agreements with this state; modifying the method of establishing reciprocity between states relative to handgun permits; and, imposing certain duties on the Office of the Attorney General designed to insure compliance with the proposed legal requirements"; to the Committee on the Judiciary.
By Delegate Sobonya:
H. B. 2480 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-25-23a, relating to prohibiting account wagering and electronic betting"; to the Committee on the Judiciary.
By Delegates Overington, Stemple, Pethtel, Long, Pino, Armstead and Howard:
H. B. 2481 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-17, relating to public buildings and encouraging public officials to prominently display the national motto on all public property, public buildings and all buildings designed, constructed and maintained with public funds from the State, a county or a municipality"; to the Committee on the Judiciary.
By Delegate Pino:
H. B. 2482 - "A Bill to amend and reenact §62-8-1 of the Code of West Virginia, 1931, as amended, relating to including jails within the context certain criminal acts by incarcerated persons; providing a specific crime for setting fire to a correctional facility or jail; and including the Executive Director of the Regional Jail and Correctional Facility Authority relative to the applicability of the phrase 'a person imprisoned or otherwise in custody of' to the statutory provisions"; to the Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino, Leach and Michael:
H. B. 2483 - "A Bill to repeal §28-5-26 of the Code of West Virginia, 1931, as amended, relating to escape of convicts and rewards"; to the Committee on the Judiciary.
By Delegates Perry, Beach, Hartman, Pino, Leach and Michael:
H. B. 2484 - "A Bill to amend and reenact §62-12-23 of the Code of West Virginia, 1931, as amended, relating to notification of parole hearings; victim's right to be heard; adding to the crimes committed by an offender for which the preparation of a parole hearing notification form and notification of release on parole is required"; to the Committee on the Judiciary.
By Delegates Ennis, Doyle, Mahan, Pethtel, Caputo and Miley:
H. B. 2485 - "A Bill to repeal §3-8-5c of the code of West Virginia, 1931, as amended; to amend and reenact §3-8-1, §3-8-2, §3-8-4, §3-8-7, §3-8-8, and §3-8-12 of said code; and to amend adding thereto a new sections, designated §3-8-1a and §3-8-2b, all relating to regulating elections; requiring the disclosure of electioneering communications; prohibiting corporate disbursements for electioneering communications; and limitations on contributions to political action committees and political organizations"; to the Committee on the Judiciary.
By Delegates Ennis, Doyle, Lane, Caputo, Amores and Miley:
H. B. 2486 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18, §3-12-19, §3-12-20, and §3-12-21, relating generally to providing a pilot project for the public funding of election campaigns for two senate districts and three single member delegate districts; setting forth as short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for seats in the Legislature, specifically two senate districts and three single member delegate districts; establishing a public campaign financing fund and sources of revenue for the fund; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing that qualified candidates shall receive funding for election campaigns from the public campaign financing fund; specifying the amount of funds available for each office and when such funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; requiring certain disclosures; setting forth provisions in the event of insufficient public funds; requiring candidates to keep records and report to the State Election Commission; providing for matching public campaign funds when an opponent spends in excess of the participating candidate's spending limits; setting forth certain duties of the State Election Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; establishing the West Virginia Citizens' Publicly Financed Elections Commission and setting forth it's duties; and setting forth an effective date and termination of the pilot project"; to the Committee on the Judiciary.
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:
H. B. 2328, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings,
And,
H. B. 2449, Continuation of the West Virginia Board of Manufactured Housing Construction and Safety.
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:
H. B. 2449, on 2nd reading, Consent Calendar, to the House Calendar, by Delegate Staton.

House Calendar

Unfinished Business

Com. Sub. for H. R. 7, Amending Rule 104 of the Rules of the House of Delegates, providing that failure of the Clerk to timely provide a printed or reproduced bill or lack thereof in electronic format for the Chamber Automation System shall not be cause for delaying action on a bill; coming up in regular, as unfinished business, was, on motion of Delegate Staton, laid upon the table.
Second Reading

H. B. 2286, Relating to the sounding of Taps at veteran's honors funerals; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

The following bills on first reading, coming up in regular order, were read a first time and ordered to second reading.
Com. Sub. for H. B. 2285
, Provide procedure for payment of the veterans bonus to veterans of the Kosovo, Afghanistan, and Iraq conflicts,
And,
H. B. 2333, Establishing a program to encourage voluntary reclamation of lands adversely affected by mining activities.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Campbell, Ferrell, Hamilton, Miley and Schoen.
At 1:14 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00 a.m., Friday, February 18, 2005.