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Friday, March 25, 2005

The House of Delegates met at 10:00 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 24, 2005, 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. 48, Requesting the Division of Highways to name the bridge located on Route 19 between the Flat Top Post Office and Egeria Road which crosses the West Virginia Turnpike, the "Mills/ Hatcher Memorial Bridge",
S. C. R. 60, Requesting Congress provide funding for double-stack rail route in West Virginia in effort to improve access to affordable rail and truck transportation,
And reports the same back with the recommendation that they each be adopted.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3107, Diabetes Cares Plan Act established in the public schools,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3107 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-2K-5; and to further amend said code by adding thereto a new section, designated §18-9A-10a, all relating to improving health care in the public schools; requiring the State Board of Education to adopt and disseminate guidelines for the development and implementation of individual diabetes care plans; requiring local boards of education to implement these guidelines; providing an allowance for student health services; making findings and stating intent of section; excepting allowance from state aid personnel ratios; and specifying amount, eligibility determination and recipient counties,"
And,
H. B. 2296, Increasing service of process fees and providing that the fees collected be deposited in the West Virginia deputy sheriff retirement fund,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2296 -"A Bill to amend and reenact §59-1-14 of the Code of West Virginia, 1931, as amended, relating to increasing service of process fees charged by the sheriff; and providing that two dollars of the fees charged and collected by the sheriff for service of process be placed in the Deputy Sheriff Retirement Fund and that three dollars of the increased fees be placed in the general revenue account of the county commission,"
With the recommendation that the committee substitutes each do pass.
Chairman Stemple, 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. 3048, Relating to restructuring of the hunting and fishing license system.
And 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 the Judiciary be dispensed with, and with the further recommendation that the bill first be referred to the Committee on Finance.
In the absence of objection, reference of the bill (H. B. 3048) to the Committee on the Judiciary was abrogated and, in the absence of objection, the bill was then referred to the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Spencer, Poling, Stevens, Tabb, Wysong, Paxton, Lane, Marshall and Tansill:

H. B. 3225 - "A Bill to amend and reenact §18-9-3a of the Code of West Virginia, 1931, as amended, relating to the preparation and publication of year-end financial statements by county boards of education; requiring preparation of statement conform with certain accounting principles; increasing dollar amount threshold for including name of firm, corporation, and person in statement; and changing publication requirement."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 3225) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 3163, Prohibiting colleges from requiring students to purchase bundled textbook packages,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 3163 - "A Bill to amend and reenact §18B-10-14 of the Code of West Virginia, 1931, as amended, relating to state institution of higher education bookstore operations and textbook sales; minimizing costs to students; prohibiting requirements that students purchase certain textbooks and textbook packages; prohibiting institution employees from receiving benefits for requiring specific textbooks and providing exceptions; requiring institutions to post listing of required textbooks at certain campus locations; requiring institutions to promulgate a rule governing textbook sales and bookstore operations; and application to bookstores operated by private contractor and institutional auxiliary services,"
With the recommendation that the committee substitute do pass.
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. 3163) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2465, Providing salary supplements of $2500 and expense reimbursements to professional personnel who meet certain professional national certification standards.
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 (H. B. 2465) was referred to the Committee on Finance.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 3019, Relating to recognizing the Appalachian Education Initiative promoting the role of art education in public schools..
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. 3019) 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. 3019) will be placed on the Consent Calendar.
Chairman Stemple, 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. 3051, Relating to defining certain terms relative to hunting,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com Sub. for H. B. 3051 - "A Bill to amend and reenact §20-1-2 of the Code of West Virginia, 1931, as amended, relating to adding and modifying definitions of certain terms relative to natural resources,"
With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 3051) 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 (Com. Sub. for H. B. 3051) will be placed on the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3068, Authorizing private inspectors to conduct annual inspections of elevators in state-owned buildings while establishing authority for the Division of Labor to conduct over-site inspections,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 3068 - " A Bill to amend and reenact §21-3c-5 and §21-3C-11 of the Code of West Virginia, 1931, as amended, relating to elevator inspections; authorizing private inspectors to conduct annual inspections of elevators; authorizing the Division of Labor to perform compliance inspections; and increasing fees for elevator permits,"
With the recommendation that the committee substitute do pass.
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. 3068) will be placed on the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3151, Regulating dialysis technicians by the Board of Examiners for Registered Professional Nurses,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 3151) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2825, Continuing the tax credit provided under article three-t, chapter eleven of the code for physicians who practice Obstetrics and Gynecology,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2825 - "A Bill to amend and reenact §11-13T-4 of the Code of West Virginia, 1931, as amended, relating to continuing the tax credit provided under article three-t, chapter eleven of this code for physicians who practice Obstetrics and Gynecology,"
H. B. 3040, Providing maximum time limits for one-way bus transportation for any new bus route created to transport students in the wake of the closure or consolidation of an existing school facility,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3040 - "A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §18-3-12, relating to requiring that a study be done to establish standards for the length of student bus transportation times to and from school and a potential waiver program,"
H. B. 2995, Including a checkoff option on the state personal tax return to donate some or all of any tax refund to the "James 'Tiger' Morton Catastrophic Illness Check-off Program,"
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2995 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5Q-4, relating to including on the state personal income tax return a checkoff option to donate some or all of any tax refund to the 'James "Tiger" Morton Catastrophic Illness Check-off Program',"
H. B. 2980, Providing for the certification of special inspectors and to permit the acceptance of inspections provided by special inspectors in lieu of inspections by the Division of Labor,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2980 - "A Bill to amend and reenact §21-10-4, §21-10-5 and §21-10-6 of the Code of West Virginia, 1931, as amended, relating to the regulation of amusement rides and amusement attractions; providing for oversight and review of special inspectors; increasing annual permit fee; requiring Division of Labor to set qualifications and process for certification of special inspectors by legislative rule; authorizing annual certification fee; allowing suspension or revocation of certifications; and allowing inspections by special inspectors,"
H. B. 3033, Extending the temporary special reclamation tax for an additional twenty-four months,
And reports back a committee substitute, with a new title, as follows:
Com. Sub. for H. B. 3033 -"A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating generally to the special reclamation tax; extending the imposition of a temporary tax on clean coal mined for deposit into the special reclamation fund for an additional period; and providing duties for the Secretary of the Department of Environmental Protection in managing the special reclamation program,"
And,
H. B. 2801, Relating to removing the delay in school aid formula funding for increased student enrollment,
And reports back a committee substitute, with a new title, as follows:
Com. Sub. H. B. 2801 - "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,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, Com. Sub. for H. B. 3033 was taken up for immediate consideration, read a first time and ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3160, Authorizing the Consolidated Public Retirement Board to charge delinquency fees approximating lost interest or earnings,
And reports the same back with the recommendation that it do pass.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2266, Imposing a one hundred dollar per year fee for licenses allowing wine sampling events by wine retailers,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2266 - "A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to imposing a one hundred dollar per year fee for licenses allowing wine sampling events by wine retailers; and authorizing a special license to allow the sale and serving of wine by nonprofit charitable organizations and associations for certain purposes during one-day events,"
With the recommendation that the committee substitute do pass.
On motion for leave, a bill was introduced (Originating in the Committee on Political Subdivisions and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Proudfoot and Hartman:
H. B. 3347 - "A Bill to extend the time for the County Commission of Pocahontas County to meet as a levying body for the purpose of transacting business generally and particularly the business of laying the regular county levy to maintain and provide for a county budget."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B. 3347) was taken up for immediate consideration, read a first time and then ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 190), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Ennis, Ferrell and Fragale.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 191), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ennis, Ferrell and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3347) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 192), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ennis, Ferrell and Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3347) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 3050, Authorizing the closure of certain existing retirement funds for municipal policemen and firemen and establishment of a defined contribution plan in lieu thereof,
And reports the same back, by unanimous vote of the Committee, without recommendation as to its passage, 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. 3050) 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:
H. B. 3203, Authorizing the closure of certain existing retirement funds for municipal policemen and firemen and establishment of a defined contribution plan in lieu thereof,
And reports the same back, by unanimous vote of the Committee, without recommendation as to its passage, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3203) was referred to the Committee on Finance.
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. 2631, Requiring registered sex offenders to be issued special driver's licenses that identifies the person as a registered sex offender,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each 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. 2631) was referred to the Committee on the Judiciary.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2967, Compensating state troopers for off-duty time when they are required to be on standby to be called back to work,
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 Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2967) was referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2780, Relating to increasing the allocation of racetrack video lottery net terminal income to be used for payment into the pension plan for employees of the Licensed Racing Association,
And reports the same back, with a title amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended, but that if first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2780) was referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2963, Clarifying the allowance of excess levy elections at primary elections and to remove language which conflicts with article ten, section eleven of the West Virginia Constitution,
And reports the same back with the recommendation that it do pass.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2111, Allowing emergency medical personnel the right to practice according to their practice act in any setting,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2111 - "A Bill to amend and reenact §16-4C-14 of the Code of West Virginia, 1931, as amended, relating to allowing paramedics the right to practice in a hospital emergency rule setting; and authorizing the promulgation of legislative and emergency rules,"
And,
H. B. 2365, Prohibiting individual county board of education members from acting on behalf of the board in the individual capacity unless authorized by the state,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2365 - "A Bill to amend and reenact §18-5-4 and §18-5-5 of the Code of West Virginia, 1931, as amended, relating to county boards of education generally; providing for disclosure of personal and pecuniary interests and excusal from voting; prohibiting individual board members from acting on behalf of the board in an individual capacity unless authorized by statute; and penalty for violations,"
With the recommendation that the committee substitutes 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 H. B. 2111 and Com. Sub. for H. B. 2365 ) 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:
H. B. 3049, Creating a new crime of wanton endangerment involving the use of fire and imposing a criminal penalty for such crime,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3049 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9C, relating to creating a new crime of wanton endangerment involving the use of fire; and imposing a criminal penalty,"
And,
H. B. 3138, Relating to requiring health insurance plans to cover the cost of contraceptives,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3138 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16E-1, §33-16E-2, §33-16E-3, §33-16E-4, §33-16E-5, §33-16E-6 and §33-16E-7, all relating to requiring certain health insurance plans to cover the cost of contraceptives and contraceptive devices,"
With the recommendation that the committee substitutes each do pass.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B.'s 2669, 2683, 2693, 2699, 2702, 2704, 2705, 2706, 2713, 2715, 2716, 2717, 2725, 2726, 2727, 2736, 2741, 2745, 2747, 2748, 2751, 2757, 2759, 2760 and 2761, Authorizing miscellaneous boards and agencies to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2669 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the Board of Acupuncture to promulgate a legislative rule relating to the dispensing of materia medica, formulary and legend drugs; authorizing the Department of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing the Department of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry; authorizing the Department of Agriculture to promulgate a legislative rule relating to commercial feed ; authorizing the Board of Chiropractic Examiners to promulgate a legislative rule relating to the chiropractic practice; authorizing the Contractor Licensing Board to promulgate a legislative rule relating to the West Virginia contractor licensing act ; relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of professional limited liability companies; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees ; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations; authorizing the Family Protection Services Board to promulgate a legislative rule relating to perpetrator intervention programs licensure for correctional institutions; authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training standards; authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to the protocol for law enforcement response to domestic violence; authorizing the Hatfield-McCoy Regional Recreation Authority to promulgate a legislative rule relating to use of facilities; authorizing the Division of Information Services and Communications to promulgate a legislative rule relating to telecommunications payments by spending units; authorizing the Board of Examiners of Land Surveyors to promulgate a legislative rule relating to minimum standards for the practice of land surveying in West Virginia; authorizing the Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to fees for services rendered by the Board; authorizing the Public Service Commission to promulgate a legislative rule relating to statewide telephone information and referral 211 service; authorizing the Radiologic Technology Board of Examiners to promulgate a legislative rule relating to the Board; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to fees for services rendered by the Board; authorizing the Secretary of State to promulgate a legislative rule relating to agencies designated to provide voter registration services; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to speech-language pathology and audiology assistants; authorizing the State Treasurer to promulgate a legislative rule relating to procedures for fees in collections by charge, credit or debit card or by electronic payment; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to organization and operation; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to certified animal euthanasia technicians; and authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees,"
And,
H. B.'s 2674, 2675, 2676, 2677, 2678, 2679, 2680, 2681, 2720, 2721, 2722 and 2723, Authorizing the Department of Environmental Protection to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2723 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for the construction and major modification of major stationary sources of air pollution for the prevention of significant deterioration; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 61; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for the construction and major modification of major stationary sources of air pollution which cause or contribute to nonattainment; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to West Virginia surface mining reclamation; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to underground storage tank fee assessments; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining blasting; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the national pollutant discharge elimination system(NPDES)program; and authorizing the Environmental Quality Board to promulgate a legislative rule relating to requirements governing water quality standards,"
With the recommendation that the committee substitutes each do pass.
Messages from the Senate
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. 2333, Establishing a program to encourage voluntary reclamation of lands adversely affected by mining activities.
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. 2783, Authorizing the Director of the Division of Rehabilitation Services to allow youth or other civic groups to use rehabilitation facilities and to charge a reasonable rent therefor.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 10B. VOCATIONAL REHABILITATION FACILITIES.
§18-10B-10. Authorized rental of State Vocational Rehabilitation facilities.
Notwithstanding any other provision of this code to the contrary, the Director may allow school groups and other youth or civic organizations or groups to use state vocational rehabilitation facilities and shall charge and collect a reasonable rent for the facilities: Provided, That all such rental revenue shall be used exclusively to defray the cost, maintenance and repair or replacement of the vocational rehabilitation facilities.
At the request of Delegate Trump, and by unanimous consent, further consideration of the bill was postponed until the completion of bills on third reading, Special Calendar.
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. 239 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5 and §29-29-6, all relating to state flood protection planning; providing legislative findings; defining terms; establishing the State Flood Protection Planning Council and authorizing certain duties; establishing State Flood Protection Planning Advisory Committee and setting forth its duties; and establishing a Joint Legislative Oversight Commission on Flooding"; to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 353 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Highways to promulgate a legislative rule relating to traffic and safety"; 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. 406 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-22B-1, §22-22B-2, §22-22B-3, §22-22B-4, §22-22B-5, §22- 22B-6, §22-22B-7, §22-22B-8, §22-22B-9, §22-22B-10, §22-22B-11, §22-22B-12, §22-22B-13 and §22-22B-14, all relating to the Uniform Environmental Covenants Act generally; defining certain terms; explaining rights and responsibilities of persons who sign environmental covenant; providing for subordination of interests; establishing requirements of environmental covenant; providing that environmental covenant runs with the land and is valid if meets requirements of act; setting forth effect of environmental covenant on other instruments; establishing relationship between environmental covenants and other land-use law; requiring environmental covenants be provided to certain persons; requiring environmental covenant amendments and terminations be recorded; providing environmental covenant is perpetual unless certain conditions met; authorizing amendment or termination by court or by consent; providing for enforcement of environmental covenant; providing for uniformity of application and construction of act; authorizing modification or application of certain parts of federal Electronic Signatures in Global and National Commerce Act; and providing for severability"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 418 - "A Bill to amend and reenact §33-2-16 and §33-2-17 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-11-4a; to amend and reenact §33-11-6 of said code; and to amend said code by adding thereto a new section, designated §33-20-4a, all relating generally to the regulation of insurance; providing that the Director of Consumer Advocacy shall be appointed by the Governor; expanding the authority of the Office of Consumer Advocacy; eliminating a cause of action for unfair claims settlement practices by third parties; establishing procedures for the filing, investigation and processing of administrative complaints by third-party claimants; providing for penalties for engaging in unfair claims settlement practices; and establishing that certain insurers shall submit rate filings biannually"; 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. 421 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-23, relating to the apportionment of damages in court actions involving the tortious conduct of more than one person; allowing for several liability for certain defendants; allowing for several liability subject to reallocation for certain defendants; and providing for joint and several liability for defendants that are found to be more than twenty-five percent at fault"; 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. 492 - "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 505 - "A Bill to repeal §29-21-12, §29-21-13 and §29-21-13a of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-21-3, §29-21-6, §29-21-8, §29-21-9, §29-21-10 and §29-21-11 of said code, all relating to public defender services generally; continuing public defender services; creating the Indigent Defense Commission; specifying members and their terms; transferring certain powers and duties of agency to the Executive Director and Indigent Defense Commission; authorizing the Executive Director to reduce or reject certain vouchers; authorizing resubmission of reduced or rejected vouchers; authorizing removal of Public Defender Corporation board members for cause; activation of corporations; permitting the employment of both full-time and part-time attorneys; allowing for contracting with part-time attorneys; mandating the order of appointment of panel attorneys; removing the sections relating to public defender corporations' funding; requiring corporations to submit budget; authorizing amended funding contracts; providing for payment of fees to panel attorneys; and requiring services provided to public defender corporations"; to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 616 - "A Bill to amend and reenact §4-1-17 of the Code of West Virginia, 1931, as amended, relating to priority of legislative business for members and designated employees of the Legislature; and authorizing reciprocity for members and designated employees of other jurisdictions which afford the same legislative priority privileges to members of the West Virginia Legislature and designated employees of the Legislature"; 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. 34 -"Requesting the Division of Highways name the bridge on Posey-Saxon Road in Arnett, Raleigh County, the "Sergeant Billy Ray Holmes Memorial Bridge".
Whereas, Billy Ray Holmes was born June 12, 1948, in Charleston, Kanawha County, the son of W. T. and Janet Holmes; and
Whereas, Billy Ray Holmes, who lived most of his life in Arnett, Raleigh County, received his education in the public schools and graduated from Marsh Fork High School in 1966; and
Whereas, In 1967, Billy Ray Holmes joined the United States Army and began a tour of duty in Vietnam in June of that year; and
Whereas, On July 3, 1968, Sergeant Billy Ray Holmes was killed in action in Tay Ninh, Vietnam; and
Whereas, In recognition of his distinguished and outstanding meritorious service in connection with operations against hostile forces, Sergeant Billy Ray Holmes was posthumously awarded the Bronze Star Medal and the Order of the Purple Heart Medal; and
Whereas, It is fitting that a lasting tribute be made in honor of Sergeant Billy Ray Holmes who paid the ultimate price in an effort to bring peace and liberty to a foreign land; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Posey- Saxon Road in Arnett, Raleigh County, the "Sergeant Billy Ray Holmes Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and place signs designating the bridge as the "Sergeant Billy Ray Holmes 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.
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. 54 - "Requesting the Division of Highways name the bridge located on Route 19 between the Flat Top Post Office and Egeria Road, which crosses the West Virginia Turnpike, the "Mills/ Hatcher Memorial Bridge".
Whereas, Denzell Mills was born December 30, 1948, the son of James and Cleo (Walker) Mills of Egeria, Mercer County; and
Whereas, Larry Hatcher was born September 12, 1946, the son of to Arland and Rachel (Walker) Hatcher of Egeria, Mercer County; and
Whereas, Cousins Denzell Mills and Larry Hatcher were the sons of sisters and the grandsons of Ned and Della Walker and the great-grandsons of Jake Walker, who settled in the Egeria area in the 1800s; and
Whereas, Denzell Mills joined the Army in April, 1967, and was deployed to Vietnam in September, 1967; and
Whereas, Larry Hatcher joined the Army in October, 1964, and was deployed to Vietnam in May, 1965; and
Whereas, PFC Denzell Mills was awarded the Bronze Star and the Purple Heart before he was killed in action 33 days after he arrived in Vietnam; and
Whereas, PFC Larry Hatcher, whose request to serve a third tour of duty was denied, passed away February 2, 1992, due to exposure to Agent Orange; and
Whereas, These two dedicated cousins paid the ultimate sacrifice for our state and our nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge located on Route 19 between the Flat Top Post Office and Egeria Road, which crosses the West Virginia Turnpike, the "PFC Mills/Hatcher 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 and to the families of Denzell Mills and Larry Hatcher.
Resolutions Introduced
Delegates Lane, Armstead and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 62 - "Requesting the Division of Highways name the bridge located on Jakes Run Road off Frame Road in Elkview, West Virginia, the "Private James C. Summers Memorial Bridge."
Whereas, James Summers was born in Kanawha County February 14, 1838; and
Whereas, James Summers was a private in Company H, 4^th West Virginia Infantry; and
Whereas, Private Summers was awarded the Congressional Medal of Honor on February 25^th, 1895 for gallantry at Vicksburg, Mississippi, on May 22^nd, 1863; and
Whereas, Private Summers fought and lived through the charge of the "volunteer storming party" in which 3,000 fellow soldiers gave the ultimate sacrifice for the preservation of the Union; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge located on Jakes Run Road off Frame Road in Elkview, West Virginia, the "Private James C. Summers Memorial Bridge;" 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 Transportation, the Commissioner of the Division of Highways and the family of Private James C. Summers.
Delegates Hatfield, Argento, Ashley, Barker, Beach, Blair, Boggs, Brown, Butcher, Cann, Caputo, DeLong, Duke, Eldridge, Ellem, Houston, Hrutkay, Kominar, Lane, Leach, Longstreth, Louisos, Manchin, Marshall, Martin, Miley, Moore, Morgan, Palumbo, Paxton, Perdue, Perry, Poling, Proudfoot, Roberts, Romine, Spencer, Stalnaker, Stephens, Stevens, Sumner, Swartzmiller, R. Thompson, Tucker, Wakim, Walters, Webster, Wells and H. White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 63 - "Requesting the Joint Committee on Government and Finance study the West Virginia Board of Dental Examiners whether the Board is sufficiently carrying out its purpose."
Whereas, Dental health is very important to the people of West Virginia; and
Whereas, The West Virginia Board of Dental Examiners is responsible for regulating the practice of dentistry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the West Virginia Board of Dental Examiners to determine whether it is sufficiently carrying out its purpose; 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.
Delegate Hunt offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 64 - "Requesting that the Joint Committee on Government and Finance conduct a study to review, study and examine the criminal law, judicial proceedings and incarceration of perpetrators of sex offenses to determine if a more aggressive and comprehensive set of reforms are needed to protect public safety and to lock up sex offenders for longer periods."
Whereas, The citizens of this state are overwhelmed by the heinous crimes committed by repeat perpetrators of sex crimes against the most vulnerable members of society; and
Whereas, The impact that these numerous reports sexual assaults, molestation and rape crimes has on neighborhoods and communities is one of helplessness and anger; and
Whereas, Every effort should be made to find a way to deal with sexual offenders and sexual predators who remain dangerous when they are returned to society; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct an interim study to review, study and examine the criminal law, judicial proceedings and incarceration of perpetrators of sex offenses to determine if a more aggressive and comprehensive set of reforms are needed to protect public safety and to lock up sex offenders for longer periods; 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 Sobonya, Stephens, Morgan, Leach, Howard and Craig offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 65 - "Requesting the West Virginia Division of Highways name Bridge 4827 the 'Sergeant George F. Eubanks Memorial Bridge'."
Whereas, Sgt. Eubanks born on December 7, 1946, in Rawl, West Virginia and attended Barboursville and Huntington East High Schools, where he was a member of the band and the football and wrestling teams; and
Whereas, Sgt. Eubanks served his community as a volunteer fireman; and
Whereas, Sgt. Eubanks was a member of the Baptist Church at Guyandotte; and
Whereas, Sgt. Eubanks volunteered for duty in Vietnam in 1967, serving as a member of the U.S. Army's First Air Cavalry Division, Scout Dog Team, 25^th Infantry Platoon; and
Whereas, Sgt. Eubanks was killed on December 7, 1967, which happened to be his twenty- first birthday, while serving in Vietnam; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby requested to name Bridge 4827 the "Sergeant George F. Eubanks Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the West Virginia Division of Highways, the Secretary of the West Virginia Department of Transportation and the Governor of West Virginia.
Mr. Speaker, Mr. Kiss, and Delegates Perdue, Leach, Proudfoot, Barker, Iaquinta, Miley and R. Thompson, Amores, Anderson, Argento, Ashley, Azinger, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Kominar, Leggett, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Moore, Morgan, Palumbo, Paxton, Perry, Pethtel, Pino, Poling, Porter, Roberts, Romine, Rowan, Schadler, Schoen, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, Ron Thompson, Trump, Tucker, Varner, Wakim, Webster, Wells, Gil White, H. K. 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. 66 - "Requesting the Joint Committee on Government and Finance study the increasing role sanitarians play in protecting public health; the emerging shortage of qualified sanitarians to meet the needs of West Virginia; and strategies to develop, train and retain sanitarians."
Whereas, The role of sanitarians in protecting the public health on a statewide and local level has increased dramatically over the past several years with increased needs in the areas of disease control, environmental health and threat preparedness; and
Whereas, Over the next five years over thirty percent of West Virginia's current sanitarians will be eligible to retire; and
Whereas, Insufficient numbers of new sanitarians are being educated and trained to meet the public health needs; and
Whereas, The resources of state and local health departments are inadequate to compete with compensation levels of surrounding states; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the projected future need for sanitarians in state and local health departments and strategies to promote and develop the profession to sufficient levels to meet that need through efforts to recruit, educate, train and compensate sanitarians in order to protect the health of the citizens of the State of West Virginia; 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, Kiss, and Delegates Amores, Barker, Beane, Brown, Browning, Campbell, Craig, Crosier, Doyle, Eldridge, Hatfield, Hrutkay, Hunt, Iaquinta, Leach, Mahan, Michael, Poling, Spencer, Stalnaker, Staton, Stephens, Susman Tabb, Talbott and Ron Thompson offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 67 - "Expressing the grave concern of the Legislature of the State of West Virginia regarding the recent passage of the anti-secession law by the National People's Congress of the People's Republic of China."
Whereas, On December 9, 2003, President George W. Bush stated it is policy of the United States to "oppose any unilateral decision, by either China or Taiwan, to change the status quo"; and
Whereas, In the past few years, the Government of the United States has urged both Taiwan and the People's Republic of China to maintain restraint; and
Whereas, The National People's Congress of the People's Republic of China passed its anti- secession law on March 14, 2005, which constitutes a unilateral change to the status quo in the Taiwan Strait; and
Whereas, The passage of China's anti-secession law escalates tensions between Taiwan and the People's Republic of China and is an impediment to cross-strait dialogue; and
Whereas, The purpose of China's anti-secession law is to create a legal framework for possible use of force against Taiwan and mandates Chinese military action under certain circumstances, including when "possibilities for a peaceful reunification should be completely exhausted"; and
Whereas, The Department of Defense's Report on the Military Power of the People's Republic of China for Fiscal Year 2004 documents that, as of 2003, the Government of the People's Republic of China had deployed approximately 500 short-range ballistic missiles against Taiwan; and
Whereas, The escalating arms buildup of missiles and other offensive weapons by the People's Republic of China in areas adjacent to the Taiwan Strait is a threat to the peace and security of the Western Pacific area; and
Whereas, Given the recent positive developments in cross-strait relations, including the Lunar New Year charter flights and new proposals for cross-strait exchanges, it is particularly unfortunate that the National People's Congress adopted this legislation; and
Whereas, Since its enactment in 1979, the Taiwan Relations Act (22 U.S.C. 3301, et seq.), which codified in law the basis for continued commercial, cultural, and other relations between the people of the United States and the people of Taiwan, has been instrumental in maintaining peace, security, and stability in the Taiwan Strait; and
Whereas, Section 2(b)(2) of the Taiwan Relations Act declares that "peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern"; and
Whereas, At the time the Taiwan Relations Act was enacted into law, section 2(b)(3) of such Act made clear that the United States decision to establish diplomatic relations with the People's Republic of China rested upon the expectation that the future of Taiwan would be determined by peaceful means; and
Whereas, Section 2(b)(4) of the Taiwan Relations Act declares it is the policy of the United States "to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States"; and
Whereas, Section 2(b)(6) of the Taiwan Relations Act declares it the policy of the United States "to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan"; and
Whereas, Any attempt to determine Taiwan's future by other than peaceful means and other than with the express consent of the people of Taiwan would be considered of grave concern to the United States; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes that the anti-secession law of the People's Republic of China could provide legal justification for the use of force against Taiwan, altering the status quo in the region, and thus is of grave concern to the United States and citizens of the State of West Virginia; and, be it
Further Resolved, That the President of the United States should direct all appropriate officials of the United States Government to reflect the grave concern with which the Legislature of the State of West Virginia views the passage of China's anti-secession law in particular, and the growing Chinese military threats to Taiwan in general, to their counterpart officials in the Government of the People's Republic of China; and, be it
Further Resolved, That the Government of the United States should reaffirm its policy that the future of Taiwan should be resolved by peaceful means and with the consent of the people of Taiwan; and, be it
Further Resolved, That the Government of the United States should continue to encourage dialogue between Taiwan and the People's Republic of China.
Delegates Wysong, Tabb, Doyle, Overington, Amores, Anderson, Azinger, Barker, Blair, Brown, Butcher, Canterbury, Crosier, DeLong, Eldridge, Ellem, Ennis, Evans, Frederick, Hatfield, Houston, Hrutkay, Iaquinta, Leach, Long, Louisos, Mahan, Marshall, Michael, Morgan, Paxton, Pino, Porter, Roberts, Romine, Rowan, Schadler, Spencer, Staton, Stephens, Susman, Talbott, Rick Thompson, Ron Thompson, Varner, Wakim, Webster, Gil White, Williams, and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 68 - "Requesting the Joint Committee on Government and Finance study the need for housing allowances by teachers and school service personnel living in growth areas."
Whereas, In the several growth areas of this state it is more difficult for teachers and school service personnel to keep pace with their counterparts who reside in locations in the state where the demand for affordable housing is less; and
Whereas, An inequity exists for teachers and school service personnel who work in growth areas relative to those that do not, because those who do not live in such growth areas, nevertheless receive commensurate compensation for their service to those who do; 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 for housing allowances by teachers and school service personnel living in growth 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Delegates Overington, Lane, Hall, Sumner, Blair, Armstead, Roberts, Schoen, Sobonya, Howard and Trump:

H. J. R. 18 - "Proposing an amendment to the Constitution of the State of West Virginia, repealing sections 4, 5, 6, 7, 8 and 9, article VI thereof, and amending section 2 of said article, all relating to creating one hundred single delegate districts, each comprised of one delegate, and thirty four senatorial districts, each comprised of one senator; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Armstead and Lane:
H. J. R. 19 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article ten thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Delegates Overington, Lane, Armstead, Blair, Porter, Schadler, Louisos, Evans, Eldridge and Wakim:

H. J. R. 20 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section 1d, relating to a taxpayer's bill of rights intended to reasonably restrain the growth of government; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegate Ashley offered the following resolution, which was read by the Clerk:
H. R. 30 - "Commemorating the life of E. (Elias) Don Yoak, former member and long-term employee of the House of Delegates, a strong community leader, woodworker and devoted family man."
Whereas, E. (Elias) Don Yoak, who passed away Saturday, September 4, 2004 at the age of eighty-two was an integral part of the House of Delegates for more than sixty years.
Born September 19, 1921, in Grantsville, Calhoun County, he married the former Lucretia Smith on September 20, 1942, who survives him. They had two children, Donna Jean Hardman, who preceded him in death, and a son, Denzel E. Yoak, who survives.
Don Yoak, a resident of Spencer, Roane County, was a sixty year member of Eureka Masonic Lodge and member of the Masonic and Nemesis Shrine for over fifty years. He was elected to the House of Delegates from Calhoun County in 1953, and subsequently served as Sergeant at Arms of the House, being elected to that position in 1955, 1959, 1961, 1963, 1965 and 1967. He later served as Doorkeeper of the House from 1991 to 1995.
Don Yoak, worked to improve his community by supporting the Black Walnut Festival, the volunteer fire department and community plays and he was also appointed to serve in the National Silver Haired Congress. He truly loved people and politics and he is missed by his family and his many legislative friends; therefore, be it
Resolved by the House of Delegates:
That regret is hereby expressed by the members of the House of Delegates at the passing of E. Don Yoak; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this resolution for Mrs. Lucretia Yoak, his surviving wife, and for Denzel E. Yoak, his surviving son.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 30) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegate Armstead offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 31 - "Amending the rules of the House of Delegates, relating to requiring consideration of fiscal impact of proposed crime legislation."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by adding thereto a new rule as follows:
Correctional System Fiscal Impact Note.
95b. Prior to consideration, by the House or by any committee thereof, of any bill which proposes to create new criminal conduct punishable by incarceration, or either increases or decreases any criminal penalty involving a term of incarceration, the Division of Corrections, in conjunction with any applicable State agency, shall provide a correctional system fiscal impact note outlining the projected fiscal impact on the State's correctional system of the legislative proposal. The note shall include projected increases or decreases in persons incarcerated, the fiscal impact the proposal likely will have on existing availability of correctional facilities and facility space; whether the proposal will likely decrease or increase inmate populations and, in the case of increased inmate populations, whether additional costs will necessarily be incurred for expanded and increased correctional or jail facilities, equipment and personnel and, if so, the projected cost therefor.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Tucker, Yost, Caputo and Butcher:
H. B. 3226 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13V-1, §11-13V-2, §11-13V-3, §11-13V-4 and §11-13V-5, all relating to providing a credit from the business and occupation tax for generating or producing electric power in West Virginia using coal produced in West Virginia"; to the Committee on Finance.
By Delegate Trump:
H. B. 3227 - "A Bill to make 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 State Department of Education, fund 0313, fiscal year 2005, organization 0242, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five"; to the Committee on Finance.
By Delegates Michael and Kominar:
H. B. 3228 - "A Bill to amend and reenact §11-21-18 and §11-21-30 of the Code of West Virginia, 1931, as amended, all relating generally to personal income tax; providing that in determining West Virginia taxable income of electing small business trusts, income attributable to S corporation stock held by the trust shall be included; making a technical change in the computation of tax for nonresident individuals, estates and trusts and part-year resident individuals; and correcting an erroneous cross-reference to a section of the code concerning part-year residents"; to the Committee on Finance.
By Delegates Michael and Kominar:
H. B. 3229 - "A Bill to amend and reenact §11-15-2 of the Code of West Virginia, 1931, as amended, relating to definitions of certain terms used in consumers sales and service tax; and clarifying the definition of 'tangible personal property' and the definitions of 'transmission' and 'transportation' with respect to the exemption for certain purchases by transmission or transportation businesses"; to the Committee on Finance.
By Delegates Michael, Kominar, Craig, Pino and Proudfoot:
H. B. 3230 - "A Bill to amend and reenact §11-23-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-24-5 of said code, all relating to exemptions for certain insurance companies from business franchise tax and corporation net income tax; and limiting the exemptions to that portion of the tax base which is based on income subject to a tax upon premiums"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Frederick, Kominar, H. White, Varner, Porter, Long, Michael and Moore:

H. B. 3231 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13V-1, §11-13V-2, §11-13V-3, §11-13V-4, §11-13V-5, §11- 13V-6, §11-13V-7, §11-13V-8, §11-13V-9, §11-13V-10 and §11-13V-11, all relating to establishing a road or highway infrastructure improvement projects or coal production and processing facilities tax credit for taxpayers subject to the tax imposed by West Virginia code §11-13a-3; specifying short title; specifying legislative findings and purpose for new credit; defining terms; specifying amount of credit, application of credit, and carry forward of unused credit; requiring filing of application for road or highway infrastructure improvement project credit as condition precedent to claiming credit, specifying procedure for application for certification, contents of application and limitation on maximum amount of credits which can be approved; specifying computation of qualified investment in coal production and processing facilities; allowing transfer of credits to successors; providing for forfeiture of unused tax credits and redetermination of credit allowed; providing penalties for failure to maintain records of qualified property; and establishing effective date"; to the Committee on Finance.
By Delegates Michael, Kominar, Craig, Pino and Proudfoot:
H. B. 3232 - "A Bill to amend and reenact §11-21-30 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and making a technical change in the computation of tax for nonresidents and part-year residents"; to the Committee on Finance.

By Delegates Michael and Kominar:

H. B. 3233 - "A Bill to amend and reenact §11-23-3 of the Code of West Virginia, 1931, as amended, relating generally to business franchise tax; and amending the definition of "capital" to include loans from stockholders"; to the Committee on Finance.
By Delegate Tabb:
H. B. 3234 - "A Bill to amend and reenact §19-23-13b of the Code of West Virginia, 1931, as amended, relating to the Thoroughbred Development Fund generally; and increasing the amount of moneys placed in the General Purse Fund for restricted races from three hundred fifty thousand dollars per year to a maximum of three million five hundred thousand dollars per year"; to the Committee on Finance.
By Delegates Michael, Kominar, Craig, Pino and Proudfoot:
H. B. 3235 - "A Bill to amend and reenact §11-14C-9 and §11-14C-31 of the Code of West Virginia, 1931, as amended, all relating generally to motor fuel excise tax; clarifying exemption for motor fuel sold to United States, its agencies and instrumentalities; providing procedure for sellers of tax-paid fuel to the United States, its agencies and instrumentalities, to obtain refund of tax on such fuel; changing time for filing certain claims for refund; and making technical corrections"; to the Committee on Finance.
By Delegates Michael and Kominar:
H. B. 3236 - "A Bill to amend and reenact §22-3-11 and §22-3-32 of the Code of West Virginia, 1931, as amended, all relating to the special reclamation tax and special tax on coal production; providing that both of these taxes apply to production of thin seam coal; providing that the special reclamation is subject to the West Virginia Tax Crimes and Penalties Act and the West Virginia Tax Procedure and Administration Act"; to the Committee on Finance.
By Delegates Kominar, G. White and Michael:
H. B. 3237 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i, relating to providing that the exemption from consumers sales and service tax for drugs, durable medical goods, mobility enhancing equipment, prosthetic devices and insulin does not apply to purchases by health care providers for use in providing professional or personal services"; to the Committee on Finance.
By Delegates Ellem and Wells:
H. B. 3238 - "A Bill to amend and reenact §16-3-4 and §16-3-5 of the Code of West Virginia, 1931, as amended, all relating to providing a conscientious and religious conviction exemption from mandatory immunizations for school children; requiring a parent or guardian to submit an affidavit to school authorities in support of the request for an exemption and to further submit an informed consent form, to be provided by the Bureau for Public Health; requiring that a physician who opines that a student should not be immunized for health reasons must be duly registered and licensed to practice medicine in this state; directing the Commissioner of the Bureau for Health (formerly the Director of Health) to propose legislative rules to implement a methodology designed to keep track of the number and identity of all students in each county with exemptions, as well as the justification for each exemption; and, provides a legislative finding concerning informed consent"; to the Committee on Education then the Judiciary.
By Delegate Tabb:
H. B. 3239 - "A Bill to amend and reenact §18-3-1 of the Code of West Virginia, 1931, as amended, relating to removing the requirement that a State Superintendent master's degree has to be in educational administration"; to the Committee on Education.
By Delegate Marshall:
H. B. 3240 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8 and §18A-4-8a, all relating to the employment and compensation of school service personnel generally; increasing the service personnel pay scales; upgrading the pay grades of certain aides, bus operators, cooks and custodians; relating to the employment and compensation of school service personnel by creating two new job titles; providing for additional payment to classroom aides in pre-kindergarten or kindergarten classes for any pupils over the twenty maximum pupil-teacher ratio; and establishing a pupil-teacher ratio of twenty to one in all pre-kindergarten classes"; to the Committee on Education then Finance.
By Delegates Overington, Roberts, Tabb, Wysong, Blair, Doyle, Trump, Rowan and Duke:

H. B. 3241 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2b, relating to salary increases for teachers based upon residential housing costs"; to the Committee on Education then Finance.
By Delegates Sumner, Duke, Sobonya, Stevens, Anderson and Poling:
H. B. 3242 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-24, relating to prohibiting fighting by juveniles on school grounds; providing for suspension from school, fines, community service and placement in alternative schools"; to the Committee on Education then the Judiciary.
By Delegate Morgan:
H. B. 3243 - "A Bill to amend and reenact §18-19-1 of the code of West Virginia, 1931, as amended, relating to including children of deceased members of the armed forces or members of the reserve components called to active duty by the President of the United States for the purpose of entering into armed combat in the educational opportunities appropriation; and removing requirement that the children attend a state education or training institution"; to the Committee on Education then Finance.
By Delegate Louisos:
H. B. 3244 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to requiring the State Board of Education to implement a program to teach religion in the public schools"; to the Committee on Education then the Judiciary.
By Delegates Iaquinta, Cann, Talbott, Stephens, Martin, Fragale, Webster, Barker, Perdue and Miley:

H. B. 3245 - "A Bill to amend and reenact §17-24-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Highways to remediate any waste tire pile in the state consisting of more than twenty-five tires"; to the Committee on the Judiciary then Finance.
By Delegate Canterbury:
H. B. 3246 - "A Bill to amend and reenact §61-3C-3, §61-3C-4, §61-3C-7, §61-3C-8 and §61-3C-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-3C-22, all relating to adding language regarding spyware to the West Virginia Computer Crime and Abuse Act; defining spyware; and requiring that persons or entities providing computer software which contains spyware to disclose certain information about the spyware and imposing criminal penalties for failure to disclose"; to the Committee on the Judiciary.
By Delegate Armstead:
H. B. 3247 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for the felony offense of driving under the influence causing death"; to the Committee on the Judiciary.
By Delegates DeLong, Mahan, Stephens, Wells, Caputo, Manchin, Paxton, Longstreth, Rick Thompson, Yost and Ellem:

H. B. 3248 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-30, relating to railroad employees; and establishing criminal penalties for interfering with medical treatment of a railroad employee injured during the course of employment"; to the Committee on the Judiciary.
By Delegate Trump:
H. B. 3249 - "A Bill to amend and reenact §3-8-7 of the Code of West Virginia, 1931, as amended, relating to permitting the Secretary of State or county clerk to publish names of any candidate, financial agent or treasurer of a political party committee who fails to file a sworn, itemized financial statement within the time limitations specified or to publish the name of any person who willfully files a grossly incomplete or inaccurate financial statement; and, providing for a sixty-day period prior to notice being given for failure to file or for filing a grossly incomplete or inaccurate filing, to the county prosecutor"; to the Committee on the Judiciary.
By Delegate Schoen:
H. B. 3250 - "A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended, relating to controlled substances generally; and deleting certain language involving controlled substances which excludes compounding by an individual for his or her own use from the definition of 'manufacture'"; to the Committee on the Judiciary.
By Delegates Williams, Stemple, Tabb, Long, Hartman, Proudfoot and Amores:
H. B. 3251 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-5A-2a; and to amend said code by adding thereto a new section, designated §38-5B-4a, all relating to requiring judgment debtors to report to the court wherein final judgment was rendered against them any changes in employment"; to the Committee on the Judiciary.
By Delegate Brown:
H. B. 3252 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8D-10, relating to false reports of child abuse generally; providing for civil liability; providing a criminal offense for falsely reporting child abuse; and requiring community service for persons convicted of violations"; to the Committee on the Judiciary.
By Delegate Morgan (By Request):
H. B. 3253 - "A Bill to amend and reenact §55-7-15 of the Code of West Virginia, 1931, as amended, relating to liability of persons voluntarily rendering aid to another in peril; and, narrowing the exemption from liability for persons who voluntarily render aid to another person who is injured in an accident or a crime when the person takes reasonable actions to aid a person by providing that the injuries must be life threatening"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 3254 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-2-13, relating to designating English as the official state language"; to the Committee on the Judiciary.
By Delegates Schoen, Craig, Hall, Louisos, Martin, Morgan and Paxton:
H. B. 3255 - "A Bill to amend and reenact §22C-4-23 of the Code of West Virginia, 1931, as amended, relating to prohibiting solid waste authorities from duplicating or competing with private recycling businesses"; to the Committee on the Judiciary.
By Delegates Michael, Kominar, Craig, Pino and Proudfoot:
H. B. 3256 - "A Bill to amend and reenact §11-4-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-6B-2 of said code, all relating to correcting definitions applicable to the assessment of real property and to homestead property tax exemption; and making amendments effective for tax year 2005 and thereafter"; to the Committee on the Judiciary then Finance.
By Delegates Michael, Kominar, Craig and Pino:
H. B. 3257 - "A Bill to amend and reenact §11-10A-9 of the Code of West Virginia, 1931, as amended, relating to the Office of Tax Appeals; and providing for certain exceptions to the sixty-day time limit for filing a petition to appeal a decision of the Tax Commissioner"; to the Committee on the Judiciary.
By Delegate Doyle:
H. B. 3258 - "A Bill to amend and reenact §11-16-8 of the Code of West Virginia, 1931, as amended, relating to permitting the sale of nonintoxicating beer within a certain distance from a church that consents to the sale"; to the Committee on the Judiciary.
By Delegates Michael and Kominar:
H. B. 3259 - "A Bill to amend and reenact §11-10A-11 of the Code of West Virginia, 1931, as amended, relating to small claims hearings by the Office of Tax Appeals; and requiring concurrence of both the Tax Commissioner and the Office of Tax Appeals for a dispute to be conducted in a small claims hearing"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 3260 - "A Bill to amend and reenact §23-4-2 the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §55-7-23, §55-7-24 and §55-7-25; and to amend said code by adding thereto a new article, designated §55-7E-1, §55-7E- 2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6, §55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to defining 'deliberate intention'; prohibiting an employee from recovering for an injury that was self-inflicted and establishing the Asbestos and Silica Compensation Fairness Act of 2005; providing for certain judicial standards and procedures for personal injury and wrongful death claims arising out of asbestos or silica exposure; providing a short title; setting forth findings and purpose; setting forth definitions; setting forth legal standards and procedures for establishing physical impairment; prescribing statute of limitation standards; requesting the State Supreme Court to permit consolidation of asbestos or silica claims for trial; and providing an effective date"; to the Committee on the Judiciary.
By Delegates Wysong, Tabb and Doyle:
H. B. 3261 - "A Bill to amend and reenact §8A-3-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §8A-5-4, §8A-5-6 and §8A-5-8 of said code; and to amend and reenact §8A-8-11 of said code, all relating to changing certain dates for action relative to the duties and procedures of the Planning Commission; and, deleting the provision that requires the planning commission to state conditions if it approves a plat with conditions"; to the Committee on Government Organization.
By Delegate Trump:
H. B. 3262 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring a woman, prior to an abortion, to have a pregnancy test administered at the facility where the abortion is to be performed; providing that the pregnancy test results must be confirmed prior to the abortion; and providing for the revocation of the license of a physician for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Varner:
H. B. 3263 - "A Bill to amend and reenact §8-22-20 of the Code of West Virginia, 1931, as amended, relating to providing a third actuarial option for determining a municipality's annual contribution to its municipal policemen's or firemen's retirement fund"; to the Committee on Pensions and Retirement then Finance.
By Delegate Armstead:
H. B. 3264 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5F-1-5, relating to establishing a maximum number of employees allowed in a department or separate spending unit of the state, effective the first day of July, two thousand five; legislative findings; definitions; creating a method for departments or separate spending units which are required to create new positions or hire new employees by state or federal legislation or court order to not exceed the maximum number of employees allowed; emergency rule by division of personnel"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Armstead, Lane, Sobonya, Carmichael and Anderson:
H. B. 3265 - "A Bill to amend and reenact §16-5P-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, §16-5P-10a and §16-5P-10b, all relating to the "senior citizens prescription drug subsidy program"; clarifying the duties of the Commissioner of the Bureau Senior Services as executive and administrative head of the Bureau of Senior Services; requiring the Bureau for Senior Services to administer the program; providing a voluntary check-off designation of personal income tax forms upon which taxpayers may designate that a certain portion of any refund be donated to the fund; and requiring transfer of those funds into a special account for the program"; to the Committee on Health and Human Resources then Finance.
By Delegates Perry and Louisos:
H. B. 3266 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, §16-2J-2, §16-2J-3, §16-2J-4, §16-2J-5, §16-2J-6 and §16-2J-7, all relating to requiring physicians to file regular reports with the Department of Health and Human Resources, regarding patients who require medical treatment as a result of an abortion; providing criminal penalties for violation"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Overington, Schadler, Evans and Roberts:
H. B. 3267 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5A-12, relating to exempting construction performed on behalf of educational authorities from prevailing wage requirements"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Sobonya, Sumner, Rowan, Butcher, Beach, Howard, Roberts, Kominar, Tabb, Long and Stevens:

H. B. 3268 - "A Bill to amend and reenact §20-5-18 and §20-5-19 of the Code of West Virginia, 1931, as amended, all relating to discounts at state parks for elderly and disabled persons; and providing that the fifty percent reduction for state park campground rental fees for elderly and disabled persons is applicable throughout the year"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Mahan and Overington:
H. B. 3269 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-2D-1, §20-2D-2, §20-2D-3, §20-2D-4, §20-2D-5, §20-2D-6, §20-2D-7, §20-2D-8, §20-2D-9, §20-2D-10, §20-2D-11, §20-2D-12, §20-2D-13, §20-2D-14, §20-2D-15 and §20-2D-16, all relating to establishing a system for issuing permits for the rehabilitation of orphaned, sick and injured wildlife; setting forth a purpose for the legislation; defining certain terms; establishing qualifications and duties of rehabilitators; providing for the issuance of permits by the Director of Division of Natural Resources; requiring certain standards of treatment and housing; listing criteria for revocation of permits; and providing that the Director of the Division of Natural Resources may propose certain legislative rules"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Morgan and Stemple:
H. B. 3270 - "A Bill to amend and reenact §20-3-4 of the Code of West Virginia, 1931, as amended, relating to limiting liability for volunteers and Division of Forestry employees for damages caused when fighting forest fires; and making it a misdemeanor for a person to refuse to assist in extinguishing a fire when summoned by the Director of the Division of Forestry"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Blair, Boggs, Brown, Morgan, Duke and Walters:
H. B. 3271 - "A Bill to repeal §33-22-2a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-17-6a; and to amend and reenact §33-22-2 of said code, all relating to flood insurance; requiring that certain insurance documents include a notice regarding the absence of flood insurance and the possible availability of such insurance from other sources; requiring that farmer's mutual insurance companies include the notice; and clarifying that the insurance fraud prevention act applies to farmer's mutual insurance companies"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Hamilton and Eldridge:
H. B. 3272 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-65, relating to requiring an upland game bird conservation stamp; defining certain terms; establishing a license fee; and providing for the dedication of funds"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Wakim, Stemple and Argento:
H. B. 3273 - "A Bill to amend and reenact §16-2-11 of the Code of West Virginia, 1931, as amended, relating to local boards of health; application and enforcement of rules or orders of local boards of health regulating, restricting or prohibiting the use of tobacco products within the service area"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Ron Thompson, H. White, Perry, Hrutkay and Canterbury:
H. B. 3274 - "A Bill to amend and reenact §31A-4-10 of the Code of West Virginia, 1931, as amended, relating to lists of stockholders of banking institutions and bank holding companies; defining bank holding company for the purpose of this section; and requiring certain bank holding companies to submit annually lists of stockholders"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Ron Thompson, H. White, Perry, Hrutkay and Canterbury:
H. B. 3275 - "A Bill to amend and reenact §7-6-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-13-22a of said code; to amend and reenact §18-9-6 of said code, all relating to the requirement of banking institutions to post bond or other security for the deposit of county, municipal, or county board of education funds"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Talbott:
H. B. 3276 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-31g, relating to automobile insurance policies; and prohibiting discrimination in rates on the basis of claims filed in which the insured is determined not to be at fault"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Doyle:
H. B. 3277 - "A Bill to amend and reenact §29-1-8 of the Code of West Virginia, 1931, as amended, relating to prohibiting the demolition of a historic structure prior to a review of and the issuance of a permit for the undertaking by the commissioner of the division of culture and history"; to the Committee on Government Organization then the Judiciary.
By Delegates Michael, Kominar, Craig, Pino and Proudfoot:
H. B. 3278 - "A Bill to amend and reenact §8-13C-4, §8-13C-5 and §8-13C-6 of the Code of West Virginia, 1931, as amended, all relating to the Municipal Sales and Service Tax and Municipal Use Tax; delaying the effective date of these taxes; establishing a special revenue account in the State Treasury; and, making clerical and technical changes and corrections"; to the Committee on Political Subdivisions then Finance.
By Delegate Doyle:
H. B. 3279 - "A Bill to amend and reenact §8-13C-4 of the Code of West Virginia, 1931, as amended, relating to excluding certain taxes imposed on certain utilities and extractive activities from those that a municipality must cease to impose before being authorized to impose a municipal sales and service tax and a municipal use tax"; to the Committee on Political Subdivisions then Finance.
By Delegates Staton, Browning, Pino, Varner, Ennis, Yost and DeLong:
H.B. 3280 - "A Bill to amend and reenact §16-13A-25 of the code of West Virginia, 1931, as amended; and to amend and reenact §24-2-11 of said code, all relating to modifying the review by the Public Service Commission of public convenience and necessity applications where the project has been approved by Infrastructure and Jobs Development Council; removing the necessity for public service districts to prefile with the public service commission; providing for a waiver of thirty day notice requirement for projects approved by the infrastructure and jobs development council; providing that the public service commission render a final decision on infrastructure and jobs development council approved applications; providing that infrastructure and jobs development council approved projects receiving a certificate of public convenience may not be compelled to reopen"; to the Committee on the Judiciary.
By Delegates Amores and Craig:
H. B. 3281 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-9-25, relating to the making it a crime to alter, destroy, or tamper with computer equipment containing voter registration information; and disclosure of confidential voter registration information"; to the Committee on the Judiciary.
By Delegates Staton, Pino, Mahan, Webster and Beane:
H. B. 3282 - "A Bill to amend the Code of West Virginia, 1931, as amended, adding thereto a new section, designated §61-8-28a, relating to the taking of pictures of a non-consenting individual in public and private places; establishing fines and penalties for violations"; to the Committee on the Judiciary.
By Delegates Sobonya, Stevens, Butcher, Beach, Sumner, Howard, Roberts, Kominar, Rowan, Long and Tabb:

H. B. 3283 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Lane (By Request) and Walters:
H. B. 3284 - "A Bill to amend and reenact §61-2-9 of the Code of West Virginia, 1931, as amended, relating to requiring that persons accused of committing a battery submit to a test for infectious diseases; requiring that the accused person pay for such test"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Perry and Tabb:
H. B. 3285 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to authorizing county commissions to adopt ordinances to reduce false alarms"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Caputo, Tucker, Butcher, Mahan, Varner, Boggs, Manchin, Longstreth, Fragale, Barker and Hrutkay:

H. B. 3286 - "A Bill to amend and reenact §22B-4-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor to appoint an additional member to the Surface Mine Board that represents the interests of labor"; to the Committee on Industry and Labor, Economic Development and Small Business then Government Organization.
By Mr. Speaker, Mr. Kiss, and Delegates Manchin, Caputo, Trump and Walters:
H. B. 3287 - "A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating generally to the judiciary; salaries of magistrates; salary of justices; salary of Supreme Court Justices; salaries of judges of circuit courts; and salary of family court judges"; to the Committee on the Judiciary then Finance.
By Delegates Overington and Blair:
H. B. 3288 - "A Bill to amend and reenact §8A-2-4 of the Code of West Virginia,1931, as amended, relating to providing that members of a county planning commission are elected on a nonpartisan basis"; to the Committee on the Judiciary .
By Delegate Ron Thompson (By Request):
H. B. 3289 - "A Bill to amend and reenact §46A-2-115 of the Code of West Virginia, 1931, as amended, relating to removing language that will make the restrictions regarding default charges applicable to all lenders"; to the Committee on the Judiciary
By Delegate Cann:
H. B. 3290 - "A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to providing additional state minimum salary for certain teachers"; to the Committee on Education then Finance.
By Delegates Rowan and Trump:
H. B. 3291 - "A Bill to reform, alter and modify the county commission of Hampshire County under the provisions of section 13, article IX of the Constitution of West Virginia"; to the Committee on Political Subdivisions then the Judiciary
By Delegates Doyle, Tabb and Wysong:
H. B. 3292- "A Bill to amend and reenact §19-23-4, §19-23-6, §19-23-9 and 19-23-12b of the Code of West Virginia, 1931, as amended, all relating to amending certain provisions of the code involving horse and dog racing; increasing the number of members on the Commission, requiring a representative of the horsemen on the Commission; requiring a representative of the dog owners on the Commission; expanding the arbitration provisions to include all disputes between a licensee and the representative of a majority of the horsemen at a track and any other organized group of employees at a licensee upon the request of any party; abolishing the prohibition on interfering in the internal affairs of the licensee; requiring the licensee and the representatives of a majority of the horsemen at the licensee to negotiate and agree on the condition and purse structure; increasing the number of racing days a licensee is required to apply for; and requiring a licensee to make up all cancellations in January and February that are due to adverse weather conditions"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Amores, Craig, Staton, Webster, Palumbo and Kominar:

H. B. 3293 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-20A-1, §31-20A-1, §31-20A-2, §31-20A-3, §31-20A-4, §31- 20A-5, §31-20A-6, §31-20A-7, §31-20A-8, §31-20A-9, §31-20A-10, §31-20A-11, §31-20A-12, §31-20A-13, §31-20A-14, §31-20A-15, and §31-20A-16, relating to establishing residential treatment programs for regional jail inmates who are abusers of alcohol and other drugs"; to the Committee on the Judiciary.
By Delegates Staton, Browning and G. White:
H. B. 3294 - "A Bill to amend and reenact §17A-3-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact § 20-7-12a of said code, all relating to changing required proof of payment of personal property tax prior to renewing a vehicle or motorboat registration; proving for form of documentation required to register a vehicle; required information; commissioner to provide sheriff list of registered vehicles; issuance of certificates of number and renewals by division of motor vehicles; and removal of obsolete language"; to the Committee on Finance.
By Delegates Morgan, Howard and Sobonya:
H. B. 3295 - "A Bill to amend and reenact §11A-2-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11A-3-2 and §11A-3-13 of said code, all relating to delinquent property taxes; and increasing certain fees charged to collect the taxes"; to the Committee on the Judiciary then Finance.
By Delegates Morgan, Howard and Sobonya:
H. B. 3296 - "A Bill to amend and reenact §11A-3-20 of the Code of West Virginia, 1931, as amended, relating to limiting the time in which a purchaser of erroneously assessed or nonexistent real estate at a sheriff's tax sale may claim a refund"; to the Committee on the Judiciary.
By Delegates Brown, Hrutkay, Webster and Hatfield:
H. B. 3297 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2I-11, relating to making it a misdemeanor to fail to provide a woman with information regarding all available reproductive alternatives; and providing criminal penalties for violations"; to the Committee on the Judiciary.
By Delegates Brown, Hrutkay, Poling, Webster and Hatfield:
H. B. 3298 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-14, relating to requiring faith-based, abstinence only and antichoice facilities or organizations to have certain written policies and procedures"; to the Committee on the Judiciary.
By Delegates Brown, Hrutkay, Webster and Hatfield:
H. B. 3299 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring faith-based, abstinence only and antichoice facilities that counsel women regarding pregnancy, contraceptives, abortions or childbirth to warn women of the risks inherent to each option; and providing for misdemeanor penalties for failure to provide the information"; to the Committee on Health and Human Resources the Judiciary.
By Delegates Brown, Hrutkay, Poling, Webster and Hatfield:
H. B. 3300 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-13a, relating to hospitals and similar institutions; and requiring any faith-based facility that counsels women regarding contraception, abortion or pregnancy to maintain a quality assurance program"; to the Committee on the Judiciary.
By Delegates Williams, Campbell, Stemple, Proudfoot, Michael and Hartman:
H. B. 3301 - "A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to providing for a two percent rebate to the taxpayer of the timber severance tax"; to the Committee on Finance.
By Delegate Azinger (By Request):
H. B. 3302 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-3d, relating to requiring the Public Service Commission's consumer advocate's office to review all rate cases filed by public and private utilities"; to the Committee on the Judiciary.
By Delegates Frich, Walters, Hamilton, Tansill and Stevens:
H. B. 3303 - "A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to fees and other money collected at state institutions of higher learning; and financing the West Virginia University rifle team with the support of the student body"; to the Committee on Education then Finance.
By Delegate Azinger (By Request):
H. B. 3304 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to reducing the term of Public Service Commission members from six to three years"; to the Committee on the Judiciary.
By Delegate Azinger (By Request):
H. B. 3305 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to regulating telemarketing for quasi-state agencies"; to the Committee on the Judiciary.
By Delegate Michael:
H. B. 3306 - "A Bill to amend and reenact §15-2C-6 of the Code of West Virginia, 1931, as amended, relating to fees for criminal record keeping by the State Police; and providing that fees charged for requests for information from the central abuse registry may be used for criminal record keeping"; to the Committee on Finance.
By Delegates H. White and Ron Thompson:
H. B. 3307 - "A Bill to amend and reenact §33-16-2 of the Code of West Virginia, 1931, as amended, relating to groups eligible to purchase accident and sickness policies; permitting the issuance of group health insurance policies to certain associations and trusts established by associations; setting eligibility standards for associations to purchase these policies; providing allowable sources for funding these policies; establishing requirements for coverage of these policies; and granting Commissioner of Insurance authority to permit similar groups to purchase these policies"; to the Committee on Banking and Insurance the Judiciary.
By Delegates Spencer, Caputo, Trump, Hrutkay, Campbell, Varner, Leach, Marshall, Wells, Webster and Moore:

H. B. 3308 - "A Bill to amend and reenact §60-7-4 of the Code of West Virginia, 1931, as amended, relating to private clubs; and deleting provision that allowed private clubs segregated on the basis of race or color to obtain license to sell alcoholic liquors"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Ron Thompson, Susman, Mahan and Sumner:

H. B. 3309 - "A Bill to amend and reenact §11-13-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29-12-13a, all relating to exempting mental-health retardation centers from payment of the privilege tax; and providing that mental-health retardation centers are covered by the Board of Risk and Insurance Management without the requirement to pay a premium"; to the Committee on Finance.
By Delegates Barker, Hrutkay and Rick Thompson:
H. B. 3310 - "A Bill to amend and reenact §17A-9-7 of the Code of West Virginia, 1931, as amended, relating to transferring the enforcement powers from the state police to the county sheriff when a person fails to maintain liability insurance; assessing an additional hundred dollar fee to reinstate a persons registration for failure to maintain liability insurance; and allocating eighty percent of the hundred dollars to the county sheriff and the remaining twenty dollars to the Department of Motor Vehicles"; to the Committee on the Judiciary then Finance.
By Delegates Miley and Rick Thompson:
H. B. 3311 - "A Bill to amend and reenact §33-6B-3 of the Code of West Virginia, 1931, as amended, relating to prohibiting the number of inquiries reflected in a credit report, credit score report or CLUE report from adversely affecting an application for insurance; and, prohibiting reliance on information which is false or potentially false"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Miley and Rick Thompson:
H. B. 3312 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-11-4a, relating to providing prerequisites to filing third-party bad faith claims under the West Virginia Unfair Trade Practices Act"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Miley and Rick Thompson:
H. B. 3313 - "A Bill to amend and reenact §33-20-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-20B-3 of said code, all relating to requiring that rate filings, both with respect to property and casualty insurance generally, and medical malpractice insurance in particular, contain data for informational purposes, regarding payments made for bad faith, unfair claims settlement practices, excess verdicts and other extra contractual liability, but the same not be contained or considered, in loss data submitted in support of a rate filing"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Miley, Manchin and Rick Thompson:
H. B. 3314 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-49-1, §33-49-2, §33-49-3, §33-49-4, §33-49-5, §33-49-6, §33- 49-7 and §33-49-8, all relating to insurance company rates generally; listing certain legislative findings; including various types of insurance; providing for a mandatory rate rollback with specific percentages; providing for administrative relief; exempting certain lines; limiting duration of rollback; allowing Commissioner of Insurance to modify rate reductions; and requiring the Commissioner of Insurance to make certain findings and recommendations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Miley and Rick Thompson:
H. B. 3315 - "A Bill to amend and reenact §33-12A-2 of the Code of West Virginia, 1931, as amended, relating to the contractual relationship between insurance agents and insurance companies; and amending the definition of insurance agent to include nonexclusive agents to prohibit the arbitrary and capricious cancellation of the contractual relationship between insurance companies and these nonexclusive agents"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Miley and Rick Thompson:
H. B. 3316 - "A Bill to amend and reenact §33-17-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-17A-5, all relating to total fire loss; and to cancellation due to substantial change in value"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Miley and Rick Thompson:
H. B. 3317 - "A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as amended, relating to subrogation for reimbursement under liability, uninsured or underinsured coverage, or any coverage issued by the same carrier"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Armstead, Carmichael, Walters and Sobonya:
H. B. 3318 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2F-1, §5B-2F-2, §5B-2F-3, §5B-2F-4, §5B-2F-5 and §5B-2F- 6, all relating to requiring a jobs impact statement for certain proposed legislation"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Palumbo, Amores, Morgan and Armstead:
H. B. 3319 - "A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as amended, relating to eliminating the doctrine of "constructive exhaustion," as enunciated in Horace Mann Insurance Company v. Adkins, 215 W.Va. 297, 599 S.E.2d 720 (W.Va. 2004), relative to an insured's right to recover underinsured benefits from the insured's insurance carrier"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Stephens, Porter, Perry, Sumner, Long, Hrutkay, Eldridge and Lane:
H. B. 3320 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-16A-13a, relating to exempting motor vehicles in funeral processions from the requirement to pay tolls on parkway projects; and providing that the exemption only applies when a motor vehicle clearly displays a flag, emblem or other visible designation indicating it is part of a funeral procession"; to the Committee on Finance.
By Delegates Palumbo, Manchin, Amores, Staton, Webster and Morgan:
H. B. 3321 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-2-13a, relating to creation of the Judicial Compensation Commission; providing for the appointment of Commission members; providing that the Commission makes recommendations to the Legislature concerning the salary of Magistrates, Judges and Justices"; to the Committee on the Judiciary.
By Delegates Miley and Rick Thompson:
H. B. 3322 - "A Bill to amend and reenact §33-2-16, §33-2-17 and §33-2-18 of the Code of West Virginia, 1931, as amended, all relating to the Office of Consumer Advocacy"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Miley and Rick Thompson:
H. B. 3323 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-12D-1, §33-12D-2 and §33-12D-3, all relating to prohibiting retaliation by an insurer against an employee or agent; providing immunity from damages as a result of any truthful report; and providing a penalty for retaliatory action taken by an insurer"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Azinger (By Request):
H. B. 3324 - "A Bill to amend and reenact §16-13A-3a of the Code of West Virginia, 1931, as amended, relating to providing that a Public Service District Commissioner may be removed forthwith and without cause upon the filing with the county commission, a petition containing the signatures of a simple majority of a public service district's customer accounts requesting the removal of such Public Service District Commissioner"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 3325 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-10a, relating to requiring hospitals to disclose the results of clinical trials to physicians and the public"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Amores:
H. B. 3326 - "A Bill to amend and reenact §17F-1-1 of the Code of West Virginia, 1931, as amended, relating to eliminating the exception to the prohibition against allowing passengers under eighteen years of age on All-terrain vehicles"; to the Committee on the Judiciary.
By Delegates Rick Thompson, Staton, Walters, H. White, Moore, Ellem, DeLong, Caputo, Beane and Hunt:

H. B. 3327 - "A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-2-16 and §33-2-17 of said code; to amend said code by adding thereto a new section, designated §33-11-4a; to amend and reenact §33-11-6 of said code; and to amend and reenact §33-20-4 of said code; and to amend said code by adding thereto a new section, designated §55-7-23, all relating generally to the regulation of insurance; providing that the Director of Consumer Advocacy shall be appointed by the Governor; expanding the authority of the Office of Consumer Advocacy; eliminating a cause of action for unfair claims settlement practices by third parties; establishing procedures for the filing, investigation and processing of administrative complaints by third-party claimants; providing for penalties for engaging in unfair claims settlement practices; and establishing that certain insurers shall submit rate filings biannually"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 3328 - "A Bill to amend and reenact §15-5-1, §15-5-2, §15-5-3 and §15-5-13 of the Code of West Virginia, 1931, as amended, all relating to changing the name of the office of emergency services and specifying additional responsibilities"; to the Committee on Government Organization.
By Delegates Armstead, Lane, Blair, Sobonya and Howard:
H. B. 3329 - "A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended, relating to reducing by five cents the excise tax on all gasoline and special fuel sold in this state"; to the Committee on Roads and Transportation then Finance.
By Delegates Overington, Frich, Blair, Canterbury, Romine, Leggett and Lane:
H. B. 3330 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-7-13, relating to protecting academic freedom in higher education"; to the Committee on Education then the Judiciary.
By Delegates Armstead, Walters, Carmichael and Lane:
H. B. 3331 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to creating the crime of chemical battery; imposing criminal penalties"; to the Committee on the Judiciary.
By Delegates Roberts, Blair, Overington, Duke and Tabb:
H. B. 3332 - "A Bill authorizing the county commission of Berkely County and the incorporated municipalities therein to adopt official maps; preparation of such maps; adoption; modification; periodic review and readoption; consultation with State Division of highways; permits; and appeal from adverse rulings"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Spencer:
H. B. 3333 - "A Bill to amend and reenact §29-22-18 of the Code of West Virginia, 1931, as amended, relating to appropriating money from the State Lottery Fund to the Bureau of Senior Services to pay for delegates to National Silver Haired Congress meetings"; to the Committee on Finance.
By Delegates Armstead, DeLong, Campbell, Pino, Lane, Craig, Sobonya and Howard:
H. B. 3334 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2A-8a, relating to public education; establishing the "West Virginia Remembers Program;" and authorizing the state Board of Education to promulgate a rule providing for maintaining of lists by county boards of veteran volunteers to speak in the public schools"; to the Committee on Veterans Affairs and Homeland Security then Education.
By Delegates Armstead, Walters and Carmichael:
H. B. 3335 - "A Bill to amend and reenact §11-21-8 of the Code of West Virginia, 1931, as amended, relating to providing for a tax credit for educational expenses incurred for school age children"; to the Committee on Finance.
By Delegates Carmichael, Walters, Armstead and Sobonya:
H. B. 3336 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-12-11, relating to restricting a registered sex offender from knowingly entering the proximity of a school or other facility for minors"; to the Committee on the Judiciary.
By Delegates Armstead, Walters, Howard and Sobonya:
H. B. 3337 - "A Bill to amend and reenact §4-10-4 the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §61-13-1, §61-13-2, §61-13-3 and §61-13-4, all relating to the creation of a sentencing commission, providing for the appointment, terms and qualifications of members; establishing objectives for the commission; and setting forth certain powers and duties of the commission"; to the Committee on Government Organization.
By Delegates Armstead, Carmichael, Walters, Trump and Lane:
H. B. 3338 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-16A-6a, relating to transferring powers of construction and maintenance activities of parkways authority, including the transference of personnel and equipment used by the Parkways Authority for maintenance and construction activities to the Division of Highways"; to the Committee on Government Organization.
By Delegates Hamilton, Sobonya, Ellem, Howard, Porter, Poling, Crosier, H. White, Stalnaker and Yost:

H. B. 3339 - "A Bill to amend and reenact §17C-16-6 of the Code of West Virginia, 1931, as amended, relating to motor vehicle inspections generally; and removing certain language regarding headlight adjustments"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Schoen, Martin and Amores:
H. B. 3340 - "A Bill to amend and reenact §48-1-228 of the Code of West Virginia, 1931, as amended, relating to the definition of gross income for purposes of determining child support; providing that certain employment-related expenses are excluded from gross income"; to the Committee on the Judiciary.
By Delegates Eldridge, Hunt, Stemple, Louisos, Walters, Argento, Rick Thompson, Cann, DeLong, Butcher and Browning:

H. B. 3341 - "Bill to amend and reenact §61-8B-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §61-8D-5 of said code; and to amend said code by adding thereto a new article, designated §61-8F-1 and §61-8F-2, all relating to providing that male child molesters are subjected to a life sentence unless they choose to undergo an orchiectomy";to the Committee on the Judiciary.

By Delegates Poling, Iaquinta, G. White, Hrutkay, Barker, Hamilton, Rick Thompson, Long, Miley and Paxton:

H. B. 3342 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-7-1a, relating to providing a one thousand dollar increase to all state employees who do not otherwise receive a salary increase during the two thousand five regular session of the Legislature"; to the Committee on Finance.
By Delegates Frederick, Porter, Long, Varner and Kominar:
H. B. 3343 - "A Bill to amend and reenact §22-11-3 of the Code of West Virginia, 1931, as amended, relating to defining "fill material" in the Water Pollution Control Act"; to the Committee on the Judiciary.
By Delegates Frederick, Porter, Long, Varner and Kominar:
H. B. 3344 - "A Bill to amend and reenact §22-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-11-7a of said code, all relating to prohibiting the Division of Natural Resources from approving or rejecting any certification issued under the provisions of 33 U.S.C. §1344; and providing no additional mitigation may be required as a condition of certification by the state when mitigation is a required component of the permit issuable by the United States Army Corps of Engineers under the provisions of 33 U.S.C. §1344"; to the Committee on the Judiciary.
By Delegates Lane (By Request), Armstead and Walters:
H. B. 3345 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to requiring that employers perform criminal history background checks for employees working as in-home health care providers "; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Palumbo (By Request):
H. B. 3346 - "A Bill to amend and reenact §55-3B-3 and §55-3B-6 of the Code of West Virginia, 1931, as amended, all relating to reducing the period within which the tenancy of a factory-built home site may be terminated from three months to forty-five days "; to the Committee on the Judiciary.
By Delegates Sobonya, Howard and Sumner:
H. B. 3348 - "A Bill to amend and reenact §31-20-2 and §31-20-10 of the Code of West Virginia, 1931, as amended, all relating to defining 'arresting agency'; and providing that the arresting agency shall pay the cost for the initial twenty-four hours of incarceration for each inmate it arrests who is incarcerated"; to the Committee on the Judiciary then Finance.
By Delegate Spencer:
H. B. 3349 - "A Bill to amend and reenact §18-5-5 and §18-5-40 of the Code of West Virginia, 1931, as amended, all relating to changing the cut-off date for attaining the age of five prior to being eligible to attend kindergarten."
H. B. 3350 - "A Bill to amend and reenact §18A-2-12 of the Code of West Virginia, 1931, as amended, relating to deleting the requirement that school personnel with five or more years of experience who have not received an unsatisfactory rating receive evaluations, except at the discretion of the principal; making lesson plans the property of the teacher; and prohibiting any requirement that teachers be required to implement agendas or objectives prescribed by others."
H. B. 3351 - "A Bill to repeal §18C-8-1, §18C-8-2 and §18C-8-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18C-8-1, all relating to student financial aid; creating the West Virginia Byrd Scholarship Program; legislative findings and purpose; program administration and eligibility and selection criteria; award renewal; requiring promulgation of legislative rule, and authorizing promulgation of emergency rule; and providing that in any year scholarships may only be awarded under certain circumstances"; to the Committee on Education then Finance.
By Delegates Stemple, Sobonya, Howard, Rowan and Stevens:
H. B. 3352 - " A bill to amend and reenact §48-22-201 of the Code of West Virginia, 1931, as amended, relating to petition for adoption; and modifying qualifications of persons who may adopt"; to the Committee on the Judiciary.
By Delegates Trump, Ellem, Howard, Amores, Schoen and Staton:
H. B. 3353 - "A Bill to amend and reenact §50-1-3, §50-1-8 and §50-1-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating to salaries of judicial officers generally; increasing the salary of magistrates, magistrate clerks, magistrate assistants and deputy magistrate clerks; increasing the salaries of justices, judges of circuit courts and of family court judges"; 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 H. B. 2570, Requiring banking institutions to post bond or other security for the deposit of county, municipal or county board of education funds,
Com. Sub. for H. B. 2962, Authorizing the Secretary of State to appoint, train and pay the necessary expenses of volunteer election observers in this state,
And,
Com. Sub. for H. B. 2981, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the Auditor to issue warrants for the payment thereof.
On the passage of the bills, the yeas and nays were taken (Roll No. 193), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2570, Com. Sub. for H. B. 2962 and Com. Sub. for H. B. 2981) passed.
Delegate Staton moved that Com. Sub. for H. B. 2981 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 197), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale, Hall and Leach.
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 H. B. 2981) takes effect from its passage.
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 therein.
Second Reading
Com. Sub. for S. B. 401, Relating to institutional boards of governors at certain community and technical colleges; on second reading, coming up in regular order, was read a second time and ordered to third 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. 2369, Authorizing the superintendent of the West Virginia state police to operate a voluntary contribution fund for designated beneficiaries of deceased officers,
And,
Com. Sub. for H. B. 2426, Notifying persons from out of state who issue worthless checks that a notice of their failure to pay the fine will be sent to the division of motor vehicles.
H. B. 2528, Relating to alternative programs for the education of teacher; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk on page one, by striking everything after the enacting section and inserting in lieu thereof the following:
"That §18A-3-1a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.

§18A-3-1a. Alternative programs for the education of teachers.

(a) By the first day of July, ~~one thousand nine hundred ninety-one~~ two thousand five, the State Board, ~~of Education,~~ after consultation with the Secretary of Education and the Arts, shall adopt rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for the approval and operation of teacher education programs which are an alternative to the regular college or university programs for the education of teachers. To participate in an approved alternative teacher education program, the candidate must hold an alternative program teacher certificate issued by the Superintendent and endorsed for the instructional field in which the candidate seeks certification. An alternative program teacher certificate is a ~~temporary~~ certificate issued for one year to a candidate who does not meet the standard educational requirements for certification. The certificate may be renewed no more than two times. No individual may hold an alternative program teacher certificate for a period exceeding three years. The alternative program teacher certificate shall be considered a professional teaching certificate for the purpose of the issuance of a continuing contract. To be eligible for such a certificate, an applicant ~~shall~~ must:
(1) Possess at least a bachelor's degree from an a regionally accredited institution of higher education in a discipline taught in the public schools; ~~except that the rules established by the board may exempt candidates in selected vocational and technical areas who have at least ten years experience in the subject field from this requirement;~~
(2) Pass an appropriate state board approved basic skills and subject matter test ~~or complete three years of successful experience within the last seven years~~ in the area for which licensure is being sought;
(3) Be a citizen of the United States, be of good moral character and physically, mentally and emotionally qualified to perform the duties of a teacher, and have attained the age of eighteen years on or before the first day of October of the year in which the alternative program teacher certificate is issued; ~~and~~
(4) Have been offered employment ~~in a school included in an alternative teacher education plan approved by the board to offer an alternative teacher education program.~~ by a county board in an area of critical need and shortage; and
(5) Qualify following a criminal history check pursuant to section ten of this article.
Persons who ~~pass the appropriate test as set forth in subdivision (2) above~~ satisfy the requirements set forth in subdivisions (1) through (5) of this subsection shall be granted a formal document which will enable them to ~~seek employment~~ be employed as an alternative program teacher in a public school approved to offer an alternative teacher education program.
(b) The rules adopted by the board shall include provisions for the approval of alternative teacher education programs which may be offered by schools, school districts, consortia of schools or regional educational service agency and for the setting of tuition charges to offset the program costs. An approved alternative teacher education program shall be in effect for a school, school district, consortium of schools or regional educational service agency before an alternative program teacher may be employed in that school, school district, consortium of schools or regional educational service agency. ~~Approximately two hundred hours of formal instruction shall be provided in all of the three following phases combined.~~ An approved alternative program shall provide essential knowledge and skills to alternative program teachers through the following phases of training:
(1) A full-time seminar/practicum of no less than twenty and no more than thirty days duration which is accomplished before the alternative program teacher has full responsibility for a classroom. The seminar/practicum shall provide formal instruction in the essential areas for professional study which shall emphasize the topics of student assessment, development and learning, curriculum, classroom management, and the use of educational computers and other technology and shall introduce basic teaching skills through supervised teaching experiences with students. The seminar and practicum components shall be integrated and shall include an orientation to the policies, organization and curriculum of the employing district;
(2) A period of intensive on-the-job supervision beginning the first day on which the alternative program teacher assumes full responsibility for a classroom and continuing for a period of at least ten weeks. During this time, the alternative program teacher shall be visited and critiqued no less than one time per week by members of a professional support team and shall be observed and formally evaluated at the end of five weeks and at the end of ten weeks by the appropriately certified members of the team. During the same period, formal instruction shall be continued in the essential areas for professional study which shall emphasize the topics of teaching skills, student assessment, development and learning, curriculum, classroom management, and the use of educational computers and other technology. At the end of the ten-week period, the alternative program teacher shall receive a formal written progress report from the chairperson of the support team; and
(3) An additional period of continued supervision and evaluation of no less than twenty weeks duration. During this period, the alternative program teacher shall be visited and critiqued at least twice per month and shall be observed formally and evaluated at least twice. No more than two months shall pass without a formal evaluation. Formal instruction shall continue in the essential areas for professional study. Opportunities shall be provided for the alternative program teacher to observe the teaching of experienced colleagues.
(1) Instruction. -- The alternative preparation program must provide a minimum of eighteen semester hours of instruction in the areas of student assessment, development and learning, curriculum, classroom management, the use of educational computers and other technology, and special education/diversity. All programs must contain a minimum of three semester hours of instruction in special education/diversity out of the minimum eighteen required semester hours.
(2) Phase I. -- Phase I shall consist of a period of intensive on-the-job supervision by an assigned mentor and the school administrator for a period of not less than two weeks and no more than four weeks. During this time, the teacher shall be observed daily. This phase shall include an orientation to the policies, organization and curriculum of the employing district. The alternative program teacher shall begin to receive formal instruction in those areas listed above under Instruction.
(3) Phase II. -- Phase II shall consist of a period of intensive on-the-job supervision beginning the first day following the completion of Phase I and continuing for a period of at least ten weeks. During Phase II, the alternative program teacher shall be visited and critiqued no less than one time per week by members of a professional support team, defined in subsection (c) of this section, and shall be observed and formally evaluated at the end of five weeks and at the end of ten weeks by the appropriately certified members of the team. At the end of the ten-week period, the alternative program teacher shall receive a formal written progress report from the chairperson of the support team. The alternative program teacher shall continue to receive formal instruction in those areas listed above under subdivision (1) of this subsection, 'Instruction.'
(4) Phase III. -- Phase III shall consist of an additional period of continued supervision and evaluation of no less than twenty weeks duration. The professional support team will determine the requirements of this phase with at least one formal evaluation being conducted at the completion of the phase. The alternative program teacher shall continue to receive formal instruction in those areas listed above under subdivision (1) of this subsection, "Instruction," and receive opportunities to observe the teaching of experienced colleagues.
(c) Training and supervision of alternative program teachers shall be provided by a professional support team comprised of a school principal, an experienced classroom teacher who satisfies the requirements for mentor for the Beginning Educator Internship as specified in section two-b of this article, a college or university education faculty member and a curriculum supervisor. Districts or schools which do not employ curriculum supervisors or have been unable to establish a relationship with a college or university shall provide for comparable expertise on the team. The school principal shall serve as chairperson of the team. In addition to other duties assigned to it under this section and section one-b of this article, the professional support team shall submit a written evaluation of the alternative program teacher to the county superintendent in a form and upon a date prior to the first Monday of May specified by the county superintendent. The evaluation shall report the progress of the alternative program teacher toward meeting the academic and performance requirements of the program.
(d) The training ~~efforts of the districts shall be coordinated by the center for professional development and the center shall provide an orientation and training program~~ for professional support team members shall be coordinated and provided by the school district, consortium of schools, regional educational service agency, center for professional development, and institution of higher education, or any combination of these agencies as set forth in the plan approved by the state board pursuant to subsection (e) of this section.
(e) A school, school district, consortium of schools or regional educational service agency seeking to employ an alternative program teacher must submit a plan to the State Board ~~of Education~~ and receive approval. ~~in accordance with the same procedures used for approval of collegiate preparation programs.~~ Each plan shall describe how the proposed training program will accomplish the key elements of an alternative program for the education of teachers as set forth in this section. Each school, school district, consortium of schools or regional educational service agency shall show evidence in its plan of having sought joint sponsorship of their training program with institutions of higher education.
(f) The state board shall adopt a rule for the approval and operation of alternative education programs to prepare highly qualified special education teachers that are separate from the programs established under the other provisions of this section and are applicable only to teachers who have at least a Bachelor's degree in a program for the preparation of teachers from a regionally accredited institution of higher education. These programs are subject to the other provisions of this section only to the extent specifically provided for in the rule. These programs may be an alternative to the regular college and university programs for the education of special education teachers and may also address the content area preparation of certified special education teachers. The programs shall incorporate professional development to the maximum extent possible to help teachers who are currently certified in special education to obtain the required content area preparation. Participation in an alternative education program pursuant to this subsection shall not affect any rights , privileges or benefits to which the participant would otherwise be entitled as a regular employee, nor does it alter any rights , privileges or benefits of participants on continuing contract status. The state board shall report to the legislative oversight commission on education accountability on the programs authorized under this subsection at its July, two thousand five, interim meetings or as soon thereafter as practical prior to implementation of the programs.
(g) The following conditions apply to all teachers employed under an alternative education program, except teachers who hold a valid West Virginia professional teaching certificate in special education and who are employed under a program operated pursuant to subsection (f) of this section:
(1) Except as provided in subdivision (2) of this subsection, an alternative education program teacher has the same status as persons employed under a temporary or first class/full time permit pursuant to subsection (j), section seven-a, article four of this chapter for the purposes of reductions in professional personnel; and
(2) An alternative education program teacher is a probationary teacher and subject to the provisions of section eight-a, article two of this chapter with the following exceptions:
(i) The recommendation to rehire an alternative education program teacher is subject to the position being posted and no fully qualified applicant being employed;
(ii) The superintendent shall consider the recommendations of the professional support team made pursuant to subsection (c) of this section in making the recommendation to the board to rehire the alternative education program teacher; and
(iii) If the recommendation of the professional support team is that the alternative education program teacher is not making satisfactory progress toward completion of the minimum semester hours of instruction required under the program, the superintendent may not make a recommendation to the board to rehire the teacher.
(h) For the purposes of this section, "area of critical need and shortage" means an opening in an established, existing or newly created position which has been posted in accordance with the provisions of section seven-a, article four of this chapter, and for which no fully qualified applicant has been employed."
At the request of Delegate Campbell, and by unanimous consent, the bill was then advanced to third reading with the amendment pending.
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. 2578, Increasing the ratios of professional and service personnel to students in net enrollment,
H. B. 2603, Relating to reimbursement of tuition, registration and other required fees for course work completed by teacher,
H. B. 2777, Making technical changes concerning High-Tech research zones, parks and technology centers and tax incentives relating thereto,
H. B. 2802, Updating provisions pertaining to commercial driver's licenses to conform with federal law,
H. B. 2866, Providing for continuation of tuition and fee payments to members after discharge from military service due to wounds or injuries received in the line of duty,
Com. Sub. for H. B. 2991, Providing criminal penalties for aiding escape and specifying items that are unlawful to deliver to or be possessed by individuals in custody or confinement,
H. B. 3002 , Removing the thirty day deadline for submitting party designations to be eligible to vote in the primary election,
Com. Sub. for H. B. 3010, Providing that the Commissioner of Corrections may authorize wardens or administrators to establish imprest funds for transporting inmates,
Com. Sub. for H. B. 3012 , Exempting property acquired by lease purchase agreement by the state, a county, district, city, village, town or other political subdivision, state college or university, from property tax,
And,
H. B. 3152, Clarifying that the Board of Risk and Insurance Management is not to provide insurance for every property, activity or responsibility of the county boards of education.
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. 222, Relating to membership of Workforce Investment Council,
H. B. 2392, Requiring health benefit plans to issue uniform prescription drug information cards or technology,
H. B. 2782, Increasing the number of members a municipality may appoint to a board of park and recreation commission from not less than three to not more than seven,
Com. Sub. for H. B. 2929, Relating to the administration of anesthesia by dentists,
Com. Sub. for H. B. 2950, Relating to requiring a paper copy of a voter's votes when using an electronic system to vote if an election is contested or for a random count of precincts,
H. B. 2989, Authorizing the Division of Motor Vehicles to suspend or refuse to register vehicles of motor carriers whose authority to operate in interstate commerce has been denied or suspended,
H. B. 3014, Clarifying that mandated accident and sickness insurance benefits do not apply to limited coverage policies, unless expressly made applicable to such policies,
Com. Sub. for H. B. 3023, Raising revenues by assessments and collections on all breeding age sheep and goats to fund the state's participation in a federal coyote control program,
H. B. 3093, Permitting River Valley Child Development Services, Inc. to withdraw from the teachers' defined contribution plan,
And,
Com. Sub. for H. B. 3102, Prohibiting a person not the owner of a registered dog from removing tags, collars or apparel from a registered dog without the permission of the owner, and creating penalties.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:
Com. Sub. for S. B. 401, on second reading, Consent Calendar, to the House Calendar, by Delegate Campbell.
H. B. 2528, on second reading, Consent Calendar, to the House Calendar, by Delegate Campbell.
Com. Sub. for H. B. 3012, on second reading, Consent Calendar, to the House Calendar, by Delegate Marshall.
And,
Com. Sub. for H. B. 2929, on first reading, Consent Calendar, to the House Calendar, by Mr. Speaker, Mr. Kiss.
Special Calendar
Unfinished Business
H. C. R. 7 , Naming the bridge located 0.01 miles south of County Route 26 and located on Route 85 in the community of Van, West Virginia, the "Thom Cline Memorial Bridge"; coming up in regular order, as unfinished business, was read by the Clerk.
The question now being on the adoption of the resolution, Delegate Hrutkay demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 198), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale, Leach and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 7) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 30, Recognizing the need to increase resources and make other changes essential to the elimination of racial and ethnic health disparities in West Virginia; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 31, Recognizing the importance of increasing funding to the special five-year demonstration professional development school project; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 32, Requesting the Joint Committee on Government and Finance to study the creation of a small disadvantaged business loan pool; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 33, Requesting the Joint Committee on Government and Finance to make a study of participation of minority and other disadvantaged small businesses in the process of competing for and obtaining state contracts; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 51, Requesting the Joint Committee on Government and Finance to study the need to provide low-cost spay and neuter programs across the state; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Today being Friday, the House of Delegates proceeded to the consideration of business on the Local Calendar.
Local Calendar
First Reading
Com. Sub. for H. B. 2812, Extending the time for the Preston County Board of Education to meet as a levying body for the purpose of presenting a special levy election for the voters in the county; on first reading, coming up in regular order, was read a first time and ordered to second reading:
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 199), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Ferrell, Fragale and Leach.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 200), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2812) passed.
Com. Sub. for H. B. 3167 , Creating the Beckley-Raleigh county building code authority to establish and enforce a building code for the city of Beckley and Raleigh County; on first reading, coming up in regular order, was read a first time and ordered to second reading:
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 201), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Lane, Louisos and Susman.
Absent And Not Voting: Cann, Ferrell, Fragale and Leach.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 202), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Louisos and Susman.
Absent And Not Voting: Ferrell, Fragale and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. H. B. 3167) passed.
Delegate Staton moved that Com. Sub. for H. B. 2812 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 203), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale and Leach.
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 H. B. 2812) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Staton moved that Com. Sub. for H. B. 3167 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 204), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale and Leach.
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 H. B. 3167) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Special Calendar
-Continued-
Third Reading
H. B. 3021, Relating to amending licensure procedures for massage therapists; 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. 205), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3021) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3031, Prohibiting unlicensed practice of land scape architecture ; on third reading, coming up in regular order, was read a third time.
Delegate Tabb requested to be excused from voting on the passage of H. B. 3031 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non- reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken(Roll No. 206), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Lane, Louisos, Sobonya, Stevens and Walters.
Absent And Not Voting: Ferrell, Fragale and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3031) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2873, Authorizing the Director of the Division of Rehabilitation Services to allow youth or other civic groups to use rehabilitation facilities and to charge a reasonable rent therefor, having been postponed until this time, was taken up for further consideration.
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 207), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale and Leach.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2783) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 208), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale, Leach and Tabb.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2783) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
The House recessed at 12:01 p.m., for then minutes and reconvened at the expiration of the recess.
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. 2129, Creating misdemeanor offense of motion picture piracy.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-58. Unlawful operation of a recording device.
(a) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater, while a motion picture is being exhibited, without the written consent of the motion picture theater owner is guilty of a felony. Upon the first conviction for violation of this section the person shall be fined not less than five hundred dollars nor more than one thousand dollars or confined in a state correctional center not less than one nor more than ten years, or, in the discretion of the court, be confined in a regional jail facility for not more than one year or both fined and confined. For second and subsequent violations the person shall be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned in a state correctional center for not less than two years nor more than fifteen years or both fined and imprisoned.
(b) The term 'audiovisual recording function' means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or later developed.
(c) The term 'motion picture theater' means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.
(d) The owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee, who alerts law enforcement authorities of an alleged violation of this section shall not be liable in any civil action arising out of measures taken by the owner, lessee, agent or employee in the course of subsequently detaining a person that the owner, lessee, agent or employee in good faith believed to have violate this section while awaiting the arrival of law-enforcement authorities, unless the plaintiff can show by clear and convincing evidence that such measures were manifestly unreasonable or the period of detention was unreasonably long.
(e) This section does not prevent any lawfully authorized investigative, law enforcement protective, or intelligence gathering employee or agent, of the local, state or federal government, from operating any audiovisual recording device in a motion picture theater, as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.
(f) Nothing in this section prevents prosecution, instead, under any other provision of law providing for greater penalty."
And,
On page one, by amending the title of the bill to read as follows:
H. B. 2129- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-58, relating to the unlawful use of an audio-visual recording device in a motion picture theater; defining certain terms; providing immunity for theater owner who detains person violating this section; and providing penalties."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments with amendment, as follows:
On page one, section fifty-eight, line three, after the section heading, by striking out all of subsection (a), and inserting in lieu thereof a new subsection (a), to read as follows:
"(a)(1) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater in order to record the motion picture that is being exhibited, without the written consent of the motion picture theater owner, and with intent to distribute, or cause the distribution of, multiple copies of the motion picture, for pecuniary gain, is guilty of a felony, and upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned in a correctional facility for not more than one nor more than ten years, or both fined and imprisoned.
(2) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater in order to record the motion picture that is being exhibited, without the written consent of the motion picture theater owner, and with intent to distribute, or cause the distribution of, multiple copies of the motion picture, but not for pecuniary gain, is guilty of a felony, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned in a correctional facility for not less than one year nor more than three years, or both fined and imprisoned, or, in the discretion of the court, be confined in a regional jail not more than one year and fined not more than one thousand dollars.
(3) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater in order to record the motion picture that is being exhibited, without the written consent of the motion picture theater owner, and without the intent to distribute, or cause the distribution of, multiple copies of the motion picture, is guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than one hundred dollars.
(4) Any person who commits the acts described in subdivision (1) of this subsection is civilly liable for actual damages arising from his or her distribution of copies of the motion picture. A conviction for the offense described in subdivision (1) of this subsection is not a prerequisite to the maintenance of a civil action authorized by this subdivision."
The bill, as amended by the Senate and as 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. 209), and there were--yeas 85, nays 2, absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Brown and Thompson, Rick.
Absent And Not Voting: Barker, Beach, Border, Caputo, Craig, Ferrell, Fragale, Hall, Leach, Martin, Schadler, Spencer and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2129) 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
Com. Sub. for H. B. 2141, Prohibiting persons from soliciting contributions on public highways; was read a second time.
On motion of Delegate Amores, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"(a) No person under 18 years of age may approach a motor vehicle on a public highway, in a zone with a speed limit exceeding 25 miles per hour, for the purpose of soliciting a contribution from the occupant.
(b) A person violating the provisions of this section shall be issued a warning citation upon a first offense. Upon a second or subsequent violation of the provisions of this section, a person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2492, Providing a funding mechanism for teen court programs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2816, Creating the West Virginia Healthy Act of 2005; on second reading, coming up in regular order, was read a second time.
Delegate Michael moved to amend the bill on page eight, section three, line four following the word "means" and the period by inserting the following: "In the healthy beverage category, at least fifty percent of those offered must include water, one hundred percent fruit and vegetable juice, and low fat milk."
On page eight, section three, line eleven, following the word "beverages" and the period by adding the following sentence "In the healthy beverage category, at least fifty percent of those beverages offered must include water, one hundred percent fruit and vegetable juice, and low fat milk."
On page nine, section three, line five, following the word "juice" by inserting a comma and deleting the word "and".
On page nine, section three, line five, following the word "milk" by inserting the words "and other beverages with ten grams of sugar or less per serving".
The Speaker put the question on the adoption of the foregoing amendments, and the result of the viva voce being inconclusive, the House divided.
A standing vote was then taken and, 52 members having voted in the affirmative, the Speaker declared the amendments adopted.
Delegates Perdue, Martin, Caputo, Manchin and Longstreth requested the Clerk to record them as voting "nay" on the adoption of the amendment.
At the request of Delegate Border, and by unanimous consent, the bill was advanced to third reading and the rule was suspended to permit the offering of a technical amendment on third reading.
Com. Sub. for H. B. 2852, Implementing the recommendations of the West Virginia Pharmaceutical Cost Council; on second reading, coming up in regular order, was read a second time, advanced to third reading with the amendment pending.
Com. Sub. for H. B. 2890, Relating to unlawful methods of hunting and fishing; was read a second time.
On motion of Delegate Amores the bill was amended on page two, following the enacting section by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.
Except as authorized by the Director, it is unlawful at any time for any person to:
(1) Shoot at or to shoot any wild bird or animal unless it is plainly visible to him or her;
(2) Dig out, cut out or smoke out, or in any manner take or attempt to take, any live wild animal or wild bird out of its den or place of refuge except as may be authorized by rules promulgated by the Director or by law;
(3) Make use of, or take advantage of, any artificial light in hunting, locating, attracting, taking, trapping or killing any wild bird or wild animal, or to attempt to do so, while having in his or her possession or subject to his or her control, or for any person accompanying him or her to have in his or her possession or subject to his or her control, any firearm, whether cased or uncased, bow, arrow, or both, or other implement or device suitable for taking, killing or trapping a wild bird or animal: Provided, That it is lawful to hunt or take raccoon, opossum or skunk by the use of artificial light subject to the restrictions set forth in this subdivision: Provided, however, That it is lawful to hunt or take coyotes by the use of amber- or red-colored artificial light subject to the restrictions set forth in this subdivision. No person is guilty of a violation of this subdivision merely because he or she looks for, looks at, attracts or makes motionless a wild bird or wild animal with or by the use of an artificial light, unless at the time he or she has in his or her possession a firearm, whether cased or uncased, bow, arrow, or both, or other implement or device suitable for taking, killing or trapping a wild bird or wild animal, or unless the artificial light (other than the head lamps of an automobile or other land conveyance) is attached to, a part of, or used from within or upon an automobile or other land conveyance.
Any person violating the provisions of this subdivision is guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than one hundred dollars nor more than five hundred dollars and shall be imprisoned in jail for not less than ten days nor more than one hundred days;
(4) Hunt for, take, kill, wound or shoot at wild animals or wild birds from an airplane, or other airborne conveyance, an automobile, or other land conveyance, or from a motor-driven water conveyance, except as authorized by rules promulgated by the Director;
(5) Take any beaver or muskrat by any means other than by trap;
(6) Catch, capture, take or kill by seine, net, bait, trap or snare or like device of any kind any wild turkey, ruffed grouse, pheasant or quail;
(7) Destroy or attempt to destroy needlessly or willfully the nest or eggs of any wild bird or have in his or her possession the nest or eggs unless authorized to do so under rules promulgated by or under a permit issued by the Director;
(8) Except as provided in section six of this article, carry an uncased or loaded gun in any of the woods of this state except during the open firearms hunting season for wild animals and nonmigratory wild birds within any county of the state unless he or she has in his or her possession a permit in writing issued to him or her by the Director: Provided, That this section shall not prohibit hunting or taking of unprotected species of wild animals and wild birds and migratory wild birds, during the open season, in the open fields, open water and open marshes of the state;
(9) Have in his or her possession a loaded firearm or a firearm from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance, or its attachments, within the state, except as may otherwise be provided by law or regulation. Except as hereinafter provided, between five o'clock postmeridian of one day and seven o'clock antemeridian, eastern standard time of the day following, any unloaded firearm, being lawfully carried in accordance with the foregoing provisions, shall be so carried only when in a case or taken apart and securely wrapped. During the period from the first day of July to the thirtieth day of September, inclusive, of each year, the foregoing requirements relative to carrying certain unloaded firearms are permissible only from eight-thirty o'clock postmeridian to five o'clock antemeridian, eastern standard time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the postmeridian times and one hour before the antemeridian times established above if a hunter is preparing to or in the process of transporting or transferring the firearms to or from a hunting site, campsite, home or other place of abode;
(10) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement by which wildlife may be taken after the hour of five o'clock antemeridian on Sunday on private land without the written consent of the landowner any wild animals or wild birds except when a big game season opens on a Monday, the Sunday prior to that opening day will be closed for any taking of wild animals or birds after five o'clock antemeridian on that Sunday: Provided, That traps previously and legally set may be tended after the hour of five o'clock antemeridian on Sunday and the person so doing may carry only a twenty-two caliber firearm for the purpose of humanely dispatching trapped animals. Any person violating the provisions of this subdivision is guilty of a misdemeanor and, upon conviction thereof, in addition to any fines that may be imposed by this or other sections of this code, shall be subject to a one hundred-dollar fine;
(11) Hunt with firearms or long bow while under the influence of intoxicating liquor;
(12) Hunt, catch, take, kill, injure or pursue a wild animal or bird with the use of a ferret;
(13) Buy raw furs, pelts or skins of fur-bearing animals unless licensed to do so;
(14) Catch, take, kill or attempt to catch, take or kill any fish at any time by any means other than by rod, line and hooks with natural or artificial lures unless otherwise authorized by law or rules issued by the Director: Provided, That snaring of any species of suckers, carp, fallfish and creek chubs shall at all times be lawful;
(15) Employ or hire, or induce or persuade, by the use of money or other things of value, or by any means, any person to hunt, take, catch or kill any wild animal or wild bird except those species on which there is no closed season, or to fish for, catch, take or kill any fish, amphibian or aquatic life which is protected by the provisions of this chapter or rules of the Director or the sale of which is prohibited;
(16) Hunt, catch, take, kill, capture, pursue, transport, possess or use any migratory game or nongame birds included in the terms of conventions between the United States and Great Britain and between the United States and United Mexican States for the protection of migratory birds and wild mammals concluded, respectively, the sixteenth day of August, one thousand nine hundred sixteen, and the seventh day of February, one thousand nine hundred thirty-six, except during the time and in the manner and numbers prescribed by the Federal Migratory Bird Treaty Act, 16 U. S. C. §703, et seq., and regulations made thereunder;
(17) Kill, take, catch or have in his or her possession, living or dead, any wild bird other than a game bird; or expose for sale or transport within or without the state any bird except as aforesaid. No part of the plumage, skin or body of any protected bird shall be sold or had in possession for sale except mounted or stuffed plumage, skin, bodies or heads of the birds legally taken and stuffed or mounted, irrespective of whether the bird was captured within or without this state, except the English or European sparrow (passer domesticus), starling (sturnus vulgaris) and cowbird (molothrus ater), which may not be protected and the killing thereof at any time is lawful;
(18) Use dynamite or any like explosive or poisonous mixture placed in any waters of the state for the purpose of killing or taking fish. Any person violating the provisions of this subdivision is guilty of a felony and, upon conviction thereof, shall be fined not more than five hundred dollars or imprisoned for not less than six months nor more than three years, or both fined and imprisoned;
(19) Have a bow and gun, or have a gun and any arrow or arrows, in the fields or woods at the same time;
(20) Have a crossbow in the woods or fields or use a crossbow to hunt for, take or attempt to take any wildlife;
(21) Take or attempt to take turkey, bear, elk or deer with any arrow unless the arrow is equipped with a point having at least two sharp cutting edges measuring in excess of three fourths of an inch wide;
(22) Take or attempt to take any wildlife with an arrow having an explosive head or shaft, a poisoned arrow or an arrow which would affect wildlife by any chemical action;
(23) Shoot an arrow across any public highway or from aircraft, motor-driven watercraft, motor vehicle or other land conveyance;
(24) Permit any dog owned by him or her or under his or her control to chase, pursue or follow upon the track of any wild animal or wild bird, either day or night, between the first day of May and the fifteenth day of August next following: Provided, That dogs may be trained on wild animals and wild birds, except deer and wild turkeys, and field trials may be held or conducted on the grounds or lands of the owner or by his or her bona fide tenant or tenants or upon the grounds or lands of another person with his or her written permission or on public lands at any time: Provided, however, That nonresidents may not train dogs in this state at any time except during the legal small game hunting season: Provided further, That the person training said dogs does not have firearms or other implements in his or her possession during the closed season on wild animals and wild birds, whereby wild animals or wild birds could be taken or killed;
(25) Conduct or participate in a field trial, shoot-to-retrieve field trial, water race or wild hunt hereafter referred to as trial: Provided, That any person, group of persons, club or organization may hold the trial at any time of the year upon obtaining a permit as is provided in section fifty-six of this article. The person responsible for obtaining the permit shall prepare and keep an accurate record of the names and addresses of all persons participating in said trial and make same readily available for inspection by any conservation officer upon request;
(26) Except as provided in section four of this article, hunt, catch, take, kill or attempt to hunt, catch, take or kill any wild animal, wild bird or wild fowl except during the open season established by rule of the Director as authorized by subdivision (6), section seven, article one of this chapter;
(27) Hunting on public lands on Sunday after five o'clock antemeridian is prohibited; and
(28) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement which wildlife can be taken, on private lands on Sunday after the hour of five o'clock antemeridian: Provided, That the provisions of this subdivision do not apply in any county until the county commission of the county holds an election on the question of whether the provisions of this subdivision prohibiting hunting on Sunday shall apply within the county and the voters approve the allowance of hunting on Sunday in the county. The election is determined by a vote of the resident voters of the county in which the hunting on Sunday is proposed to be authorized. The county commission of the county in which Sunday hunting is proposed shall give notice to the public of the election by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication shall be the county in which the election is to be held. The date of the last publication of the notice shall fall on a date within the period of the fourteen consecutive days next preceding the election.
On the local option election ballot shall be printed the following:
Shall hunting on Sunday be authorized in ________ County?
[ ] Yes[ ] No
(Place a cross mark in the square opposite your choice.)
Any local option election to approve or disapprove of the proposed authorization of Sunday hunting within a county shall be in accordance with procedures adopted by the commission. The local option election may be held in conjunction with a primary or general election, or at a special election. Approval shall be by a majority of the voters casting votes on the question of approval or disapproval of Sunday hunting at the election.
If a majority votes against allowing Sunday hunting, no election on the issue may be held for a period of one hundred four weeks. If a majority votes "yes", no election reconsidering the action may be held for a period of five years. A local option election may thereafter be held if a written petition of qualified voters residing within the county equal to at least five percent of the number of persons who were registered to vote in the next preceding general election is received by the county commission of the county in which Sunday hunting is authorized. The petition may be in any number of counterparts. The election shall take place at the next primary or general election scheduled more than ninety days following receipt by the county commission of the petition required by this subsection: Provided, That the issue may not be placed on the ballot until all statutory notice requirements have been met. No local law or regulation providing any penalty, disability, restriction, regulation or prohibition of Sunday hunting may be enacted and the provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict with this subdivision.
(29) Hunt or conduct hunts for a fee where the hunter is not physically present in the same location as the wildlife being hunted within West Virginia."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2966, Creating a statewide thoroughbred breeders program; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
H. B. 2990, Permitting the Director of the Natural Resources to set the time and date of the meeting for the convenience of the Public; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2992, Adding operations of clandestine drug labs to the crime of wanton endangerment involving destructive devices; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Mahan, the bill was amended on page one, after the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 3E. OFFENSES INVOLVING EXPLOSIVES.

§61-3E-10. Wanton endangerment involving performance of an act with a destructive device, an explosive material, or an incendiary device or involving operation of a illegal drug laboratory; penalties.

(a) It is unlawful for a person to create a substantial risk of death or serious bodily injury to another person:
(1) By wantonly performing an act with a destructive device, explosive material or incendiary device; or
(2) By knowingly engaging in, or knowingly permitting, the operation of an illegal drug laboratory:
(A) As the owner, lessee or occupant of real property;
(B) As a household member or guest of the owner, lessee or occupant of real property; or
(C) As an employee or another person under the control of such owner, lessee, occupant, household member or guest.
(b) A person who violates the provisions of subsection (a) of this section is guilty of a felony and, upon conviction thereof, he or she shall be fined not more than ten thousand dollars or be committed to the custody of the Division of Corrections for not less than two years nor more than ten years, or both fined and imprisoned."
The bill was then read to engrossment and third reading.
H. B. 3016 , Excepting the making of appointments by secretaries of licensed real estate brokers and salespersons with buyers and sellers of real estate from the scope of practice of real estate brokerage subject to licensing; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3181, Supplementary appropriation to the bureau of commerce - economic development authority; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 210), and there were--yeas 91, nays 3, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Armstead, Lane and Overington.
Absent And Not Voting: Beach, Boggs, Ferrell, Fragale, Leach and Walters.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
On the passage of the bill, the yeas and nays were taken (Roll No. 211), and there were--yeas 79, nays 15, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Border, Carmichael, Duke, Frich, Lane, Overington, Porter, Schoen, Sobonya, Stevens, Deb, Sumner, Trump and Wakim.
Absent And Not Voting: Beach, Boggs, Ferrell, Fragale, Leach and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3181) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 212), and there were--yeas 89, nays 5, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Carmichael, Duke and Sumner.
Absent And Not Voting: Beach, Boggs, Ferrell, Fragale, Leach and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3181) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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. 2381, Authorizing patients or residents of certain health care facilities or homes to designate nonrelatives to receive the same visitation privileges as immediate family members,
And,
Com. Sub. for H. B. 2889, Transferring authority to propose rules relating to water quality standards from the Environmental Quality Board to the Department of Environmental Protection.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell and Fragale.
Miscellaneous Business
Mr. Speaker, Mr. Kiss, asked and obtained unanimous consent that the remarks of Delegate Houston concerning adding Delegate Frich as a cosponsor to H. B. 2782 be printed in the Appendix to the Journal.
At 1:29 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 28, 2005.