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Tuesday, March 29, 2005



The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, March 28, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At 11:35 a.m., on motion of Delegate Staton, the House of Delegates recessed for five minutes and reconvened at the expiration of the recess.
Reordering of the Calendar

Delegate Staton announced that the Committee on Rules had transferred Com. Sub. for H. B. 3048, on second reading, House Calendar to the Special Calendar.

Committee Reports

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. 2661, Prohibiting the sale of candy or fruit-flavored cigarettes in this state,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2661 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-9a, relating to prohibiting the sale of candy or fruit-flavored cigarettes in this state,"
And,
H. B. 3215, Creation of the Funeral Planning Agent Designation Act,
And reports back committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3215 - "A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §44-16-1, §44-16-2, §44-16-3 and §44-16-4; and to amend and reenact §61-12-9 of said code, all relating to the creation of the Funeral Planning Agent Designation Act; providing that a funeral planning agent may authorize cremation; providing that a designated funeral planning agent may authorize funeral arrangements; designating the title of the act; definitions; designation of funeral planning agent; form of designation; and authority to enter into cremation contract,"
With the recommendation that the committee substitutes each do pass.
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Amores, Hartman and Morgan:
H. B. 3362 --
"A Bill to amend and reenact §19-20-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §19-20B-1, §19- 20B-2, §19-20B-3, §19-20B-4, §19-20B-5, §19-20B-6, §19-20B-7, §19-20B-8 and §19-20B-9, all relating to the control of canine hybrids; adding the definition of canine hybrid to the definition of dog; including relevant definitions; records; confinement, care and inspection; entry into state; vaccination; penalties; and local regulation."
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. 3216, Describing the scope and limitations of legislative immunity,
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. 3211, Permitting purchasers of motor fuels upon which federal tax is due to delay payment of reimbursement of the taxes to the vendor until the day before the payment is due the Internal Revenue Service,
And
H. B. 3219, Amending the provisions of the West Virginia Victims of Crime Compensation Act to make it clear that persons holding authority with respect to the victim by power of attorney or other authority have the authority to assert claims,
And reports the same back with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 3211 and H. B. 3219) will be placed on the Consent Calendar.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
S. C. R. 54, Requesting Division of Highways name bridge located on Route 19 between Flat Top Post Office and Egeria Road "Mills/Hatcher Memorial Bridge",
And reports the same back with the recommendation that it 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. 3108, Increasing the focus of regional education service agencies on school improvement,
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. 3108) will be placed on the Consent Calendar.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on March 24, 2005, he approved H. B. 2495; and on March 28, 2005, he approved S. B. 146.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 442 -
"A Bill to amend and reenact §29-22-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §29- 22C-1, §29-22C-2, §29-22C-3, §29-22C-4, §29-22C-5, §29-22C-6, §29-22C-7, §29-22C-8, §29-22C-9, §29-22C-10, §29-22C-11, §29-22C-12, §29-22C-13, §29-22C-14, §29-22C-15, §29- 22C-16, §29-22C-17, §29-22C-18, §29-22C-19, §29-22C-20, §29-22C-21, §29-22C-22, §29-22C- 23, §29-22C-24, §29-22C-25, §29-22C-26, §29-22C-27, §29-22C-28, §29-22C-29, §29-22C-30, §29-22C-31, §29-22C-32, §29-22C-33 §29-22C-34 and §29-22C-35, all relating generally to authorizing table games at licensed horse and dog racetracks and providing therefor; providing for legislative findings and intent; requiring local option elections to approve licensure of authorized table games at racetrack facilities; defining certain terms; providing for duties and powers and administrative expenses of the State Lottery Commission; appointment of Lottery Commission staff; adoption and proposal of rules; providing for licenses to engage in activities related to operation of authorized table games at racetrack facilities; qualifications for applicant for license to operate authorized table games at a racetrack facility; floor plan requirements; coordination of licensed activities; license application requirements; racetrack table games licensee qualifications; license fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment, sale or pledge as collateral; audits and reports of licensee; duties of racetrack table games licensees; requirements for supplier licensees; requirements for license for employees of operator of racetrack with authorized table games; requirements for management services provider license; prohibition of false statements on application for license; grounds for denial, revocation or suspension of license; hearing procedures; expiration and renewal of licenses; renewal fees; information included on license; display and availability of license; notice of change of address; promulgation of legislative and emergency rules; commission approval of table games rules of play; determination of betting limits, operations and services by racetrack licensee; posting of betting limits; standards for offering complimentary goods and services; contract agreements and cost for law-enforcement services; warrantless searches of person and property; imposing privilege tax on adjusted gross receipts of racetrack with authorized table games; payment by racetrack licensee and Lottery Commission into the Compulsive Gambling Treatment Fund and to the state Racing Commission on behalf of all employees of the Licensed Racing Association; providing for filing and payment of taxes; creating State Racetrack Table Games Fund; distribution of amounts in Fund; prohibited wagers and other activities; prohibiting wagers by certain persons; establishing criminal offenses and penalties; forfeiture of certain property; providing civil penalties; preemption of certain local laws and rules; exemption from certain federal laws relating to shipment of gambling devices; and severability"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 487 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §3-4A-9a and §3-4A-9b, all relating to electronic voting systems; authorizing use of ballot-marking accessible voting systems; setting forth minimum requirements; authorizing precinct ballot scanning devices; and setting minimum requirements"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 674 -
"A Bill to amend and reenact §18B-10-14 of the Code of West Virginia, 1931, as amended, relating to textbook sales at public institutions of higher education; and prohibiting inducements to purchase certain textbooks"; which was referreds to the Committee Education.
Resolutions Introduced

By Mr. Speaker, Mr. Kiss, and Delegates Argento, Barker, Boggs, Brown, Butcher, Cann, Caputo, Carmichael, Crosier, Eldridge, Frederick, Frich, Hrutkay, Iaquinta, Longstreth, Martin, Marshall, Miley, Moore, Palumbo, Paxton, Perry, Pethtel, Poling, Stalnaker, Spencer, Stephens, Stevens, Sumner, Susman, Staton, Varner, Walters, Webster, Wells, H. White and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 70 - "Requesting the Governor proclaim the fourth Friday of April, 2005, as 'Children's Memorial Flag Day' in the State of West Virginia."
Whereas, Tragic acts of violence against children are occurring with increasing frequency throughout the State of West Virginia and the United States. These violent acts are destroying innocent lives and devastating families and communities; and
Whereas, Too many of West Virginia's children have been lost in violent, preventable deaths through guns, fire, automobile accidents, physical violence and suicide; and
Whereas, In celebration of life, diversity and hope for the future the citizens of West Virginia should condemn acts of violence committed against our children; and
Whereas, A Children's Memorial Flag has been obtained by the State of West Virginia and should be flown on the fourth Friday of April, 2005, in remembrance of young lives lost in senseless acts of violence; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor proclaim the fourth Friday of April, 2005, as "Children's Memorial Flag Day" in the State of West Virginia; and, be it
Further Resolved, That the Children's Memorial Flag be flown on the fourth Friday of April, 2005, in remembrance of those young lives lost in senseless acts of violence; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor of the State of West Virginia.

Petitions

Delegate Poling presented a petition, signed by six hundred residents of the Barbour County area, in opposition of the state mandatory seat belt law; which was referred to the Committee on the Judiciary.
Delegate Poling presented a petition, signed by twenty-one residents of Upshur County, in support of the Parent's Right to Know Act; which was referred to the Committee on the Judiciary.
Delegate Beane presented a petition, signed by four hundred seventy-eight residents of the Parkersburg area, requesting the Department of Natural Resources stock large mouth bass in the Bellville Pool of the Ohio River; which was referred to the Committee on Agriculture and Natural Resources.

Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
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,
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,
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.
On the passage of the bills, the yeas and nays were taken (Roll No. 243), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (S. B. 222, H. B. 2392, Com. Sub. H. B. 2950, H. B. 2989, H. B. 3014, H. B. 3093 and Com. Sub. for H. B. 3102) passed.
Delegate Staton moved that H. B. 3093 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 251), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Trump.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3093) 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

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. 2163 , Eliminating the set-off against unemployment compensation benefits for persons receiving social security benefits,
H. B. 2307, Establishing threshold quantities of certain controlled substances to trigger prima facie evidence of intent to deliver if possessed by an individual,
Com. Sub. for H. B. 2334, Relating to limiting child out-of-state placements,

Com. Sub. for H. B. 2371, Authorizing collaborative pharmacy practice agreements between pharmacists and physicians and specify requirements for the agreements,
H. B. 2650, Relating to beef industry self-improvement assessment progra,

Com. Sub. for H. B. 2718, Authorizing the Department of Commerce to promulgate legislative rules,
Com. Sub. for H. B. 2855, Placing a limit of ten years on the amount of time that a teacher who returns to work after terminating employment may retain his or her accrued seniority,
Com. Sub. for H. B. 2877, Providing procedure for removal of county, district or municipal officers,
Com. Sub. for H. B. 2878, Relating to allowing the fraud unit to investigate the forgery of insurance documents,
Com. Sub. for H. B. 2986, Relating to the regulation of selling new or used vehicles, providing for the comprehensive regulation and licensing of persons who sell new or used vehicles,
H. B. 3019, Relating to recognizing the Appalachian Education Initiative promoting the role of art education in public schools,
Com. Sub. for H. B. 3051, Relating to defining certain terms relative to hunting,
H. B. 3053, Repealing the Downtown Redevelopment District Act,
Com. Sub. for 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,
H. B. 3128, Relating to updating the meaning of "federal taxable income" and certain other terms used in West Virginia Corporation Net Income Tax Act,
Com. Sub. for H. B. 3130 , Requiring local boards of health to conduct inspections of all elementary and secondary schools,
H. B. 3135, Relating to updating the meaning of "federal adjusted gross income" and certain other terms used in West Virginia Personal Income Tax Act,
H. B. 3151, Regulating dialysis technicians by the Board of Examiners for Registered Professional Nurses,
Com. Sub. for H. B. 3155, Permitting Wetzel County Hospital to provide an alternate retirement plan for new employees in lieu of the Public Employees Retirement System,
Com. Sub. for H. B. 3163, Prohibiting colleges from requiring students to purchase bundled textbook packages,
Com. Sub. for H. B. 3178, Relating to domestic violence and clarifying when permanent injunctions and other provisions may be granted in final divorce orders,
And,
Com. Sub. for H. B. 3208, Adjusting the formula by which the Public Service Commission distributes wireless enhanced 911 fee revenues to the counties.
Com. Sub. for H. B. 3214, Relating to the administration of polygraph examinations for risk assessment and treatment purposes to sex offenders who are on probation or parole; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Amores, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §62-12-2 of the code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §62-12-25, all to read as follows:
ARTICLE 12. PROBATION AND PAROLE
§62-12-2. Eligibility for probation.

(a) All persons who are found guilty of or plead guilty to any felony, the maximum penalty for which is less than life imprisonment, and all persons who are found guilty of or plead guilty to any misdemeanor, shall be eligible for probation, notwithstanding the provisions of sections eighteen and nineteen, article eleven, chapter sixty-one of this code. (b) The provisions of subsection (a) of this section to the contrary notwithstanding, any person who commits or attempts to commit a felony with the use, presentment or brandishing of a firearm shall be ineligible for probation. Nothing in this section shall apply to an accessory before the fact or a principal in the second degree who has been convicted as if he or she were a principal in the first degree if, in the commission of or in the attempted commission of the felony, only the principal in the first degree used, presented or brandished a firearm. (c)(1) The existence of any fact which would make any person ineligible for probation under subsection (b) of this section because of the commission or attempted commission of a felony with the use, presentment or brandishing of a firearm shall not be applicable unless such fact is clearly stated and included in the indictment or presentment by which such person is charged and is either: (i) Found by the court upon a plea of guilty or nolo contendere; or (ii) found by the jury, if the matter be tried before a jury, upon submitting to such jury a special interrogatory for such purpose; or (iii) found by the court, if the matter be tried by the court, without a jury. (2) The amendments to this subsection adopted in the year one thousand nine hundred eighty-one: (A) Shall apply to all applicable offenses occurring on or after the first day of August of that year;
(B) Shall apply with respect to the contents of any indictment or presentment returned on or after the first day of August of that year irrespective of when the offense occurred; (C) Shall apply with respect to the submission of a special interrogatory to the jury and the finding to be made thereon in any case submitted to such jury on or after the first day of August of that year or to the requisite findings of the court upon a plea of guilty or in any case tried without a jury: Provided, That the state shall give notice in writing of its intent to seek such finding by the jury or court, as the case may be, which notice shall state with particularity the grounds upon which such finding shall be sought as fully as such grounds are otherwise required to be stated in an indictment, unless the grounds therefor are alleged in the indictment or presentment upon which the matter is being tried;
(D) Shall not apply with respect to cases not affected by such amendment and in such cases the prior provisions of this section shall apply and be construed without reference to such amendment; and insofar as such amendments relate to mandatory sentences without probation, all such matters requiring such sentence shall be proved beyond a reasonable doubt in all cases tried by the jury or the court. (d) For the purpose of this section, the term "firearm" shall mean any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder, or any other similar means.
(e) In the case of any person who has been found guilty of, or pleaded guilty to, a felony or misdemeanor under the provisions of section twelve or twenty-four, article eight, chapter sixty-one of this code, or under the provisions of article eight-c or eight-b of said chapter, such person shall only be eligible for probation after undergoing a physical, mental and psychiatric study and diagnosis which shall include a polygraph examination to assist in identifying sex offender characteristics and treatment planning and which shall also include an on-going treatment plan requiring active participation in sexual abuse counseling at a mental health facility or through some other approved program: Provided, That nothing disclosed by the person during such study or diagnosis shall be made available to any law-enforcement agency, or other party without that person's consent, or admissible in any court of this state, unless such information disclosed shall indicate the intention or plans of the probationer to do harm to any person, animal, institution or property, in which case such information may be released only to such persons as might be necessary for protection of the said person, animal, institution or property. (f) Any person who has been convicted of a violation of the provisions of article eight-b, eight-c or sections five and six, article eight-d, chapter sixty-one of this code, or of section fourteen, article two, or of sections twelve and thirteen, article eight, chapter sixty-one of this code, or of a felony violation involving a minor of section six or seven, article eight, chapter sixty-one of this code, or of a similar provision in another jurisdiction shall be required to be registered upon release on probation. Any person who has been convicted of an attempt to commit any of the offenses set forth in this subsection shall also be registered upon release on probation.
(g) The probation officer shall within three days of release of the offender, send written notice to the state police of the release of the offender. The notice shall include:
(1) The full name of the person; (2) The address where the person shall reside; (3) The person's social security number; (4) A recent photograph of the person; (5) A brief description of the crime for which the person was convicted; (6) Fingerprints; and (7) For any person determined to be a sexually violent predator as defined in section two-a, article twelve, chapter fifteen of this code, the notice shall also include: (i) Identifying factors, including physical characteristics; (ii) History of the offense; and (iii) Documentation of any treatment received for the mental abnormality or personality disorder.

§62-12-25. Polygraph examinations of Sex Offender Probationers and Parolees
(a) When a defendant is convicted of, pleads guilty to, or enters a plea to an offense for which a person is required to register as a sex offender under the provisions of article twelve, chapter fifteen of this code, is granted probation or other alternative to incarceration, the sentencing court shall order the defendant, at his or her own expense, to submit to at least one polygraph examination, at a reasonable cost, per year to answer questions regarding his or her compliance with the conditions of supervision, including conditions related to treatment. The releasing or supervising authority may require additional polygraph examinations for the same purpose, not to exceed five per year. The polygraph may only be used as a risk assessment and treatment tool. Test results of any polygraph examination shall be provided to the defendant.
(b) When a defendant is convicted of, pleads guilty to, or enters a plea to an offense for which a person is required to register as a sex offender under the provisions of article twelve, chapter fifteen of this code, is granted parole, the parole board shall order the parolee, at his or her own expense, to submit to at least one polygraph examination per year to answer questions regarding his or her compliance with the conditions of supervision, including conditions related to treatment. The Divisions of Corrections or parole officer may require additional polygraph examinations for the same purpose, not to exceed five per year. The polygraph may only be used as a risk assessment and treatment tool. Test results of any polygraph examination shall be provided to the defendant.
(c) In the event a person required to submit to polygraph examinations as set forth under subsections (a) or (b) of this section is unable to pay for the polygraph examination, that person shall present an affidavit reflecting the inability to pay for such testing to the circuit court of the county where the person is being supervised. If it appears to the satisfaction of the court or judge that such person is in fact unable to pay for such testing, the court shall issue an order reflecting such finding. Said order shall be forwarded to the Division of Corrections and said testing shall be paid for by a fund established by the Division of Corrections.
(d) Any polygraph examination conducted under subsections (a) or (b) of this section shall be conducted by a certified polygraph analyst who:
(1) Is certified in post conviction sex offender testing as prescribed by the American Polygraph Association;
(2) Has completed not less than twenty hours of American Polygraph Association approved sex offender testing training every other calendar year; and
(3) uses standards approved by the American Polygraph Association for sex offender testing.
(e) In the conduct of polygraph examinations of sex offenders under subsections 9a) and (b) of this section, no certified polygraph analyst may:
(1) Conduct more than two full disclosure or sexual history polygraph examination in a twenty-four hour period; or
(2) Disclose any information gained during any full disclosure or sexual history polygraph examination to any law enforcement agency or other party without the parolee's or probationer's consent, nor shall any information or disclosure be admissible in any court of this state, unless such information disclosed indicates the intention or plan of the probationer or parolee to do harm to any person, animal, institution or property, in which case such information may be released only to such persons as might be necessary for protection of said person, animal, institution or property.
(3) Conduct more than two maintenance tests in a twenty-four hour period;
(4) Conduct more than one full disclosure or sexual history polygraph examination and more than two maintenance tests in a twenty-four hour period; or
(5) Test the same parolee or probationer more than five times in a year, to be calculated from the first test of the parolee or probationer.
(f) No polygraph examination under subsection (a) or (b) of this section may be conducted by a person who is a sworn peace officer, within the boundaries of that officer's jurisdiction.
(g) As used in this section:
(1) "certified polygraph analyst" means a person who has been certified by the American Polygraph Association or other accredited association recognized in this state as having completed the requisite number of training hours in polygraph analysis and a person who is a member in good standing with a recognized accredited association.
(2) "maintenance test" means a polygraph examination administered to determine the probationer's or parolee's compliance with the terms of supervision and treatment.
(3) "full-disclosure polygraph" or "sexual history polygraph" means a polygraph examination administered to determine the entire sexual history of the probationer or parolee including but not limited to those crimes defined in section two, article, twelve, chapter fifteen and their attempts."
The bill was then ordered to engrossment and 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:
H. B. 3354
, Secretary's authority to assess a permit fee for well work permit, deep wells, coalbed methane wells and reclamation fund fees,
H. B. 3355, Unemployment compensation generally,
H. B. 3356, Powers and duties of solid waste management board,
H. B. 3357, Streamlined sales and use tax administration,
H. B. 3358 , Relating to severance tax imposed on natural gas produced from wells placed in service on or after July 1, 2005,
H. B. 3359, Relating to filling the positions and extra duty assignments of the absent school bus operators,
H. B. 3360, Requiring the IS & C Director to create and maintain an information systems disaster recovery system,
And,
H. B. 3361, Relating to the West Virginia Sunset Law.
First Reading

S. B. 604
, Establishing method for projecting increase in net enrollment for each school district; on first reading, coming up in regular order, was read a first time and ordered to second reading.
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:
H. B. 2986, on second reading, Consent Calendar, to the House Calendar.
H. B. 3128, on second reading, Consent Calendar, to the House Calendar.
H. B. 3135, on second reading, Consent Calendar, to the House Calendar.
H. B. 3163, on second reading, Consent Calendar, to the House Calendar.

H. B. 3208, on second reading, Consent Calendar, to the House Calendar.
H. B. 3356, on second reading, Consent Calendar, to the House Calendar.
H. B. 3357, on second reading, Consent Calendar, to the House Calendar.
And,
S. B. 604, on first reading, Consent Calendar, to the House Calendar.
Conference Committee Report

Delegate Beane, from the committee of conference on matters of disagreement between the two houses, as to
Com. Sub. for H. B. 2592, Relating to the design-build procurement act,
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 2592 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to section fifteen and agree to the same as follows:
§5-22A-15. Continuation of the Design-Build Board.
Pursuant to the provisions of article ten, chapter four of this code, the Design-Build Board shall continue to exist until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished.
Respectfully submitted,

J. D. Beane
Billy Wayne Bailey,

Timothy Ennis,
Joseph M. Minard,

Ron Walters,
Donna J. Boley,

(Did not sign)
Conferees on the part
Conferees on the part

of the House of Delegates.
of the Senate.

On motion of Delegate Beane, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 252), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2592) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 253), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Trump.
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. 2592) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Special Calendar

Unfinished Business

S. C. R. 45, Requesting Division of Highways name bridge on Route 16 and Route 50 near Ellenboro in Ritchie County "West Virginia State Trooper Larry G. Hacker Memorial Bridge"; 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.
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"coming up in regular order, as unfinished business, was, on motion of Delegate Staton, laid upon the table.
Com. Sub. for H. C. R. 56 , Requesting the Director of the Office of Emergency Services to immediately repair inoperative IFLOWS rain and steam gauges to a minimum operational efficiency rating of ninety percent; 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.
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; 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.
Third 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; 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. 254), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Ashley, Hall, Lane, Schoen, Stevens, Tansill and Walters.
Absent And Not Voting: Fragale and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2381) 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. 2528, Relating to alternative programs for the education of teachers; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill 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.
"
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 255), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2528) passed.
An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2528 - "A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to alternative programs for the education of teachers; providing for alternative program certificate, eligibility, issuance, scope and renewal limitation; changing activities, components and phases of training for alternative programs; providing for program coordination, training and approval; authorizing rule for separate program for special education teachers; and specifying certain employment status of alternative program teachers."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
Delegate Proudfoot moved to amend the bill on page two, section three, line eleven, following the word "body" by striking out the word "shall" and inserting in lieu thereof the word "may"; and
On page two, section three, line sixteen, following the word "body" by striking out the comma and the word "and" and inserting in lieu thereof a semicolon.
On page two, section three, line eighteen, following the word "appointed" by inserting the words "and if the board consists of six or seven members not more than three members of the governing body so qualified may be so appointed".
On page two, section three, line eighteen, following the word "any" by striking out the word "such".
And,
On page two, section three, line twenty, following the word "of" by striking out the word "such" and inserting in lieu thereof the word "the".
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 256), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2782) passed.
At the request of Delegate Staton, and by unanimous consent, further consideration of H. B. 2787 was postponed until the evening session.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of a bill from the Consent Calendar to the House Calendar:
H. B. 3053 , on second reading, Consent Calendar, to the House Calendar, by Delegate Frich.
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: on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, laid over one day.
Com. Sub. for H. B. 2929, Relating to the administration of anesthesia by dentist;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. 257), 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: Fragale, Houston, Susman and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2929) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2966, Creating a statewide thoroughbred breeders program; 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. 258), and there were--yeas 80, nays 18, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Border, Frich, Hall, Howard, Lane, Louisos, Overington, Porter, Schoen, Sobonya, Stevens, Sumner, Tansill, Wakim and Walters.
Absent And Not Voting: Fragale and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2966) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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; 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. 259), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Ellem, Louisos, Schadler and Walters.
Absent And Not Voting: Fragale and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3023) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3033, Extending the temporary special reclamation tax for an additional twenty-four months; 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. 260), and there were--yeas 84, nays 14, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Carmichael, Hall, Howard, Lane, Louisos, Schoen, Sobonya, Stevens, Sumner, Tansill, Wakim and Walters.
Absent And Not Voting: Fragale and Trump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3033) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 261), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Lane and Walters.
Absent And Not Voting: Ennis, Fragale and Trump.
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. 3033) 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.
Second Reading

The following bills, on second reading, coming up in regular order, were read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2011, Relieving health care providers of liability where an injury has resulted from a prescribed drug or medical device,
Com. Sub. for H. B. 2111, Authorizing paramedics to practice in hospital emergency rooms,
Com. Sub. for H. B. 2224,
Creating a health care providers lien,
Com. Sub. for H. B. 2266, Imposing a one hundred dollar per year fee for licenses allowing wine sampling events by wine retailers,
Com. Sub. for H. B. 2296, Increasing service of process fees and providing that the fees collected be deposited in the West Virginia deputy sheriff retirement fund,
Com. Sub. for H. B. 2365, Relating to school board member disclosure and voting obligations; unauthorized individual actions of board members,
And,
Com. Sub. for H. B. 2669, Authorizing miscellaneous boards and agencies to promulgate legislative rules.
Com. Sub. for H. B. 2723, Authorizing the Department of Environmental Protection to promulgate legislative rules; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of an amendment on third reading.
Com. Sub. for H. B. 2781, Relating to annexation of unincorporated territory; 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. 2801, Relating to removing the delay in school aid formula funding for increased student enrollment; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
The following bills on second reading, coming up in regular order, were read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2815, Requiring the use of an appropriate child passenger restraint device or booster seat until the child is at least six years of age and weighs at least sixty pounds,
Com. Sub. for H. B. 2825, Continuing the tax credit provided under article three-t, chapter eleven of this code for physicians who practice Obstetrics and Gynecology,
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,
Com. Sub. for 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,
Com. Sub. for 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,
Com. Sub. for H. B. 3049, Creating a new crime of wanton endangerment involving the use of fire and imposing a criminal penalty for such crime,
And,
Com. Sub. for H. B. 3089, Adding a representative to the trucking advisory committee and adding routes to the coal resource transportation road system in Braxton and Webster counties,.
Com. Sub. for H. B. 3107, Diabetes Care Plan Act established in the public schools; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Tucker, the bill was amended on page four, section two, following line forty-one, by inserting a new subdivision, designated subdivision (5), to reads as follows:
"(5) A county board may not transfer a diabetic child from one school within the county to another school within the county to comply with federal regulations adopted under Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 3138,Relating to requiring health insurance plans to cover the cost of contraceptives; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Delegate Lane moved to amend the bill on page four, section two after line thirty-eight, by adding a new subdivision, designated subdivision "(6)", to read as follows:
"(6) 'Small employer' means a person who employs fifty or less employees, who does not qualify as a religious employer, and has deeply held moral objections to the provision of prescription contraceptive drugs or devices."
On page eight, section seven, line two after the word "employer", by inserting the following: "or small employer".
On page eight, section seven, line five, after the word "tenents", by inserting the following: "or small employer's moral beliefs."
On page nine, section seven, line fifteen, after the word: "employer", by inserting the following: "or small employer".
And,
On page nine, section seven, line nineteen, after the word "religious" by inserting the words "or moral".
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 262), and there were--yeas 31, nays 67, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Azinger, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Evans, Frich, Hall, Howard, Lane, Leggett, Louisos, Miley, Overington, Porter, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Tansill, Wakim, Walters and Yost.
Absent And Not Voting: Fragale and Trump.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
The following bills on second reading, coming up in regular order, were read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3145, Providing immunity from civil damages for persons who volunteer their services at the public health departments,
H. B. 3160, Authorizing the Consolidated Public Retirement Board to charge delinquency fees approximating lost interest or earnings,
Com. Sub. for H. B. 3174 , Providing that expressions of apology, responsibility, sympathy, condolence or a general sense of benevolence made by a health-care provider to a patient, shall be inadmissable as evidence of admission of liability,
And,

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.
H. B. 3225, Relating to the preparation and publication of year-end financial statements by county boards of education; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Campbell, the bill was amended on page three, section three- a, lines twenty through twenty-three, by striking subsection (b), and relettering the subsequent subsections.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 3048, Relating to restructuring of the hunting and fishing license system; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Fragale and Trump.
Miscellaneous Business

Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate DeLong regarding Racing Industry be printed in the Appendix to the Journal.
At 1:09 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:15 p.m., and reconvened at that time.
*************

Evening Session

*************

Messages From The Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 12 - "
A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-1-3, relating to making English the official language of West Virginia"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 223 - "A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to the vesting of retirement benefits for those members of the armed forces accumulating nine or more years of credited service who are called from participating employment to compulsory military service or armed conflict and who die during, or as a result of, compulsory active service and prior to resumption of participating employment"; which was referred 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. 230 -"
A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-30, relating to creating a new crime of "involuntary manslaughter by a caregiver"; and establishing a penalty and statute of limitations for such crime"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 237 -
"A Bill to amend and reenact §7-18-2, §7-18-9 and §7-18-14 of the Code of West Virginia, 1931, as amended, all relating to the hotel occupancy tax generally; allowing municipalities to increase the rate of tax imposed to six percent; requiring public hearings on proposed increases; listing certain findings; and providing a misdemeanor penalty for members of governing bodies who vote to make expenditures for purposes not specified in said article."; which was referred to the Committee on 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. 287 -
"A Bill to repeal §22B-3-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-11-7b of said code; to amend and reenact §22-12-4 of said code; and to amend and reenact §22B-3-2 of said code, all relating to water quality standards generally; transferring authority to propose rules relating to water quality standards from the Environmental Quality Board to the Department of Environmental Protection; providing that the current rule remains in force and effect until amended by the Department of Environmental Protection; establishing some requirements for water protection; providing that meetings to develop water quality standards be open with certain exceptions; authorizing the Department of Environmental Protection to consider remining variances; authorizing the Secretary to promulgate standards of purity and quality for groundwater; establishing the maximum containment levels permitted for groundwater; providing that the current ground water standard remains in effect until modified by the Secretary."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 287) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 289 - "
A Bill to amend and reenact §22-11-3 of the Code of West Virginia, 1931, as amended which was referred and to amend said code by adding thereto a new section, designated §22-11-6a, all relating to fill material; defining fill material for the Water Pollution Control Act; and allowing fill material to be placed in the waters of the state"; 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. 348 -
"A Bill to amend and reenact §12-4-14 of the Code of West Virginia, 1931, as amended, relating to persons who receive state funds or grants; clarifying when audits of state funds or grants are required; and adding criminal penalties"; to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for H. B. 382 - "A Bill to amend and reenact article 2, 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 Department of Administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing Department of Administration to promulgate a legislative rule relating to state-owned vehicles; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to Deputy Sheriff Retirement System; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers Defined Contribution System; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers Defined Benefit Plan; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System; authorizing Consolidated Public Retirement Board to promulgate a legislative rule relating to West Virginia State Police disability determination and appeal process; authorizing Ethics Commission to promulgate a legislative rule relating to code of conduct for administrative law judges; authorizing Division of Information Services and Communications to promulgate a legislative rule relating to telecommunications payments by spending units; authorizing Division of Personnel to promulgate a legislative rule relating to administration of the Division; authorizing Division of Personnel to promulgate a legislative rule relating to preemployment references and inquiries; authorizing Board of Risk and Insurance Management to promulgate a legislative rule relating to the Public Entities Insurance Program; and authorizing Board of Risk and Insurance Management to promulgate a legislative rule relating to the Patient Injury Compensation Fund"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 419 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-23-1, §7-23-2 and §7-23-3, all providing that counties, municipalities and county boards of education be allowed relief from certain policies, rules and regulations"; which was referred 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. 424 -"
A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §44-1-29, relating to the authority of personal representatives with regard to conservation or preservation easements; and providing that a personal representative may sell, donate or amend conservation or preservation easements under certain conditions"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 435 -
"A Bill to amend and reenact §8-10-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §17B-3-3c and §17B-3-9 of said code, all relating to the powers and duties of municipal courts; failure to appear for municipal court hearings; failure to pay municipal court fines and fees; cancellation, suspension and revocation of driver's licenses; notice by municipality to Tax Commissioner; payment of fines and fees from state income tax refund; administration fee of Tax Commissioner; allocation of income tax refund; promulgation of rules by Tax Commissioner; suspension of license to continue until fees, fines and reinstatement fee paid; and reissuance of notice by municipality"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 471 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9j, relating generally to consumers sales and service tax liability of homeowners' associations and their members; exempting from tax dues, fees and assessments paid to homeowners' associations by members thereof; providing for taxability and exemption of purchases by homeowners' associations; and defining certain terms"; which was referred 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. 473 - " A Bill to amend and reenact §61-3A-1 and §61-3A-6 of the Code of West Virginia, 1931, as amended, all relating to the crime of cyber-shoplifting; including in the definition of "shoplifting" customer's repudiation of a card-not-present credit or debit transaction after having taken delivery of merchandise ordered from the merchant; and defining "card-not- present credit or debit transaction" to mean a credit or debit sale of merchandise by telephone, mail order, internet or other means that does not require the cardholder's signature or physical presentation of the credit or debit card to the merchant"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 526 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-15a; and to amend said code by adding thereto a new section, designated §11-24-11b, all relating to personal income and corporation net income tax credits; and allowing a credit against a taxpayer's tax liability for contributions to community foundations"; which was referred 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
S. B. 530 -
"A Bill to amend and reenact §7-14-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-14-19 of said code, all relating to the political activities of deputy sheriffs and municipal police officers; amending the list of prohibited political activities by deputy sheriffs and municipal police officers; providing certain exceptions; prohibiting deputy sheriffs and municipal police officers from being candidates for or holding public office in the county or municipality where employed; prohibiting deputy sheriffs and municipal police officers from soliciting political contributions or donations from members or employees of the county or municipality; setting forth certain permissible activities; and providing penalties for appointed or elected officials who violate the provisions of this bill"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 533 - "
A Bill to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16- 2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of the Code of West Virginia, 1931, as amended, all relating to parental notification requirements for abortions performed on unemancipated minors; defining terms; providing for a waiver; requiring notice to minor of right of petition to family court; reporting requirements; providing remedies; specifying when notice not required; severability; and providing penalties"; which was referred to the Committee on Health and Human Resources then 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. 576 -
"A Bill to amend and reenact §33-25D-2 of the Code of West Virginia, 1931, as amended, relating to Prepaid Limited Health Service Organizations Act; adding pharmaceutical services, vision care services, dental care services and podiatric care services to the definition of "limited health service"; and authorizing the Insurance Commissioner to add other services to such definition"; which was referred to the Committee on Banking and Insurance then 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. 588 - "A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-4-13f; and to amend and reenact §61-8- 19 of said code, all relating to Animal Cruelty Early Intervention Program for juveniles; expanding the definition of cruelty to animals; increased penalties for cruelty to animals; and allowing judges to require that offenders complete an anger management program"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of

Com. Sub. for S. B. 589 - "A Bill to amend and reenact §18-2-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8d of said code, all relating to the sharing of services of central office administrative personnel; use of central office administrative services provided by regional education service agencies; and rights of employees terminated due to the sharing of these services or obtaining these services from a regional education service agency"; which was referred to the Committee on Education 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. 614 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-24-6a, all relating to updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act; providing new increasing modification to federal taxable income for amount deducted under Section 199 of Internal Revenue Code; requiring filing of certain schedules to support deduction and increasing modification; providing Tax Commissioner with additional remedies for noncompliance and for errors in computing federal taxable income; and specifying effective dates.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B.614) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 617 - "A Bill to amend and reenact §30-5-1b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-5-6b, all relating to pharmacies and pharmacists; defining terms; authorizing remote dispensing and delivery of prescription drugs; and authorizing the Board of Pharmacy to propose legislative rules"; which was referred to the Committee on Health and Human Resources then 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. 622 - A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to clarifying the exemption for property used by not-for-profit, tax-exempt corporations operating homes for the aged or retirement communities from property taxes"; which was referred 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
S. B. 623 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-21-12g, all relating to updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act; providing new increasing modification to federal adjusted gross income for amount deducted under Section 199 of Internal Revenue Code; requiring filing of certain schedules to support deduction and increasing modification; providing Tax Commissioner with additional remedies for noncompliance and for errors in computing federal adjusted gross income; and specifying effective dates."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 623) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 629 - "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"; which was referred 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
S. B. 638 - "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 the 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 anyone who willfully files a grossly incomplete or grossly inaccurate financial statement; and providing for a sixty-day period prior to notice be given for failure to file or gross filing to the county prosecutor"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 639 - "A Bill to amend and reenact §39A-3-1, §39A-3-2 and §39A-3-3 of the Code of West Virginia, 1931, as amended, all relating to digital signatures generally; defining certain terms; providing for use of an electronic postmark; authorizing promulgation of an emergency rule; and authorizing use of a federal certificate authority and repository program"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 641 - "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 two thousand five and thereafter"; which was referred to the Committee on the Judiciary the 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. 643 - "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"; which was referred 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
S. B. 644 - "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 definitions of "tangible personal property", "transmission" and "transportation" with respect to the exemption for certain purchases by transmission or transportation businesses"; which was referred 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
S. B. 667 - "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"; which was referred 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
S. B. 669 - "A Bill to amend and reenact §3-1-19, §3-1-20, §3-1-21, §3-1-21a, §3-1-24 and §3-1-25 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-3-2 and §3-3-11 of said code; to amend and reenact §3-4-10, §3-4-12 and §3-4-12a of said code; to amend and reenact §3-4A-12, §3-4A-13 and §3-4A-13a of said code; to amend and reenact §3-5-7, §3-5-8, §3-5- 8a, §3-5-9, §3-5-11, §3-5-12, §3-5-13a, §3-5-18, §3-5-19, §3-5-23 and §3-5-24 of said code; to amend and reenact §3-6-4 and §3-6-4a of said code; and to amend and reenact §3-10-6 of said code, all relating to transferring certain election duties from the circuit clerk to the clerk of the county commission"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 676 - "A Bill to amend and reenact §17G-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17G-2-3 of said code, all relating to racial profiling; and setting forth types of racial profiling information to be collected during law- enforcement traffic stops"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 684 - "A Bill to amend and reenact §11-13A-3a and §11-13A-3d of the Code of West Virginia, 1931, as amended, all relating to the reduction from five percent to three percent in the severance tax imposed on natural gas produced from wells placed in service on or after the first day of December, two thousand five; eliminating the five-year severance tax exemption for coalbed methane produced from wells placed in service on or after the first day of December, two thousand five; and reducing from five percent to three percent the severance tax on gas produced from coalbed methane wells drilled on or after the first day of December, two thousand five."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 684) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 699 - "A Bill to amend and reenact §31D-7-705 of the Code of West Virginia, 1931, as amended, relating to deleting the provision which allows shareholders to participate in corporate meetings by means of communication in which all shareholders may simultaneously hear each other"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 705 - "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 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"; which was referred to the Committee on Political Subdivisions 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. 716 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-10a; to amend and reenact §50-3-4a of said code; and to amend and reenact §59-1-28a of said code, all relating to creating the Regional Jail Operations Partial Reimbursement Fund; and increasing court costs for criminal and civil proceedings"; which was referred 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
S. B. 748 -
"A Bill to amend and reenact §22-11-7a of the Code of West Virginia, 1931, as amended, relating to mitigation; deleting the mitigation requirement for isolated waters; and requiring the Director to provide credit for mitigation required as a component of the permit issuable by the U. S. Army Corps of Engineers pursuant to 33 U. S. C. §1344 to the extent that it satisfies state requirements"; which was referred to the Committee on the Judiciary.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has given further consideration to:
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 without recommendation but with the recommendation that it be
recommitted to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a second time, ordered to third reading and then recommitted to the Committee on Finance.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 29TH day of March, 2005, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates: (S. B. 413), Relating generally to financially related activities of state-chartered banking institutions.
And,
(S.B. 476), Allowing use of red-colored artificial light when hunting coyotes.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has given further consideration to:
H. B. 2838, Relating to the rehabilitation environmental action plan,
And reports the same back without recommendation but with the recommendation that it be recommitted to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a second time, ordered to third reading and then recommitted 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 given further consideration to:
H. B. 3281, Relating to making it a crime to alter, destroy, or tamper with computer equipment containing voter registration information,
And,
H. B. 3293, Establishing residential treatment programs for regional jail inmates who are abusers of alcohol and other drugs,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a second time, ordered to third reading with the amendment pending, and with the further right to amend.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 3281 and H. B. 3293) 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 given further consideration to:
H. B. 3212, Creating the felony offense of intimidation of and retaliation against informants who provide information to law enforcement officers, and establishing related criminal penalties.
And,
H. B. 3217, Authorizing magistrates to impose home confinement for certain non-violent offenders in lieu of a bail bond,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a second time and ordered to third reading with the amendment pending, and with the further right to amend.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 2937, Relating to the replacement of individual life insurance policies and annuity contracts,
H. B. 3034, Adding Public Service Commission motor carrier inspectors as law-enforcement officers who may be victims of the crimes of malicious assault, unlawful assault, battery and simple assault upon a law-enforcement officer,
H. B. 3045, Relating to the creation and modification of public service districts,
And,
H. B. 3092, Adding the counties of Mercer and Raleigh as participating members of the Hatfield-McCoy Regional Recreational Authority
,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills were taken up for immediate consideration, read a second time and ordered to third reading with the amendments pending, and with the further right to amend.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 2937, H. B. 3034, H. B. 3045 and H. B. 3092) 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 given further consideration to:
H. B. 3098, Expanding the prohibitions and criminal penalties for sexual exploitation or sexual abuse of a child by a parent, or guardian or custodian to include offenses by persons who hold a position of trust in relation to a child,
H. B. 3282, Relating to taking pictures of a non-consenting individual in public and private places,
And,
H. B. 3308, Eliminating the provision that allowed private clubs segregated on the basis of race or color to obtain a license to sell alcoholic beverages,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills were taken up for immediate consideration, read a second time and ordered to third reading with the amendments pending, and with the further right to amend.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 3098, H. B. 3282 and H. B. 3308) 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 given further consideration to:
H. B. 3258, Permitting the sale of nonintoxicating beer within a certain distance from a church that consents to the sale,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a second time and ordered to third reading with the right to amend.
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. 2546, Relating to underage possession of nonintoxicating beer and alcoholic liquor,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill 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 given further consideration to:
H. B. 2984, Discontinuing the loan program participation of teachers and nonteachers who become members of the Teachers Retirement System on or after July 1, 2005,
And reports the same back, with amendment, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a second time and ordered to third reading with the amendments pending, and with the further right to amend.
Chairman Michael, from the Committee on Finance submitted the following report, which was received:
Your Committee on has given further consideration to:
H. B. 2939, Relating to the Federal Cash Management Act,
H. B. 3125, Providing for biannual independent review of the Neighborhood Investment Program and to extend the program until July 1, 2008,
H. B. 3306, Allowing fees charged for requests for information from the central abuse registry to be used for criminal record keeping,
H. B. 3309, 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,
H. B. 2795, Relating to the consolidation of administrative, information, technological, financial and operating systems and functions of West Virginia University Institute of Technology with and into such systems and functions of West Virginia University,
H. B. 2822, Providing that municipalities, county development authorities or municipal development authorities, or both, may organize and jointly own joint development entities,
H. B. 2457, Limiting the basis for calculating the alternate method of annual contribution required by municipalities into the Policemen's and Firemen's Pension and Relief Fund,
And,
H. B. 2012, Providing a salary supplement for providers of medicaid eligible services in the public schools,
And reports the same back, with amendment, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills were taken up for immediate consideration, read a second time and ordered to third reading with the amendments pending, and with the further right to amend.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 2939, H. B. 3125, H. B. 3306, H. B. 3309, H. B. 2795, H. B. 2822, H. B. 2457 and H. B. 2012) 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 given further consideration to:
H. B. 2891, Relating to the reorganization of the executive branch of state government,
And reports the same back, by unanimous vote of the Committee, without recommendation as to its passage, but that it be recommitted to the Committee on Government Organization.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a second time, ordered to third reading and then recommitted to the Committee on Government Organization.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has given further consideration to:
H. B. 3236, Relating to the special reclamation tax and special tax on coal production, providing that both of these taxes apply to thin seam coal and providing that the special reclamation tax subject to the West Virginia Tax Crimes and Penalties Act and the West Virginia Tax Procedure and Administration Act,
And reports the same back, with amendment, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a second time and ordered to third reading with the amendments pending, and with the further right to amend.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 3050, Allowing counties with a population of 175,000 or more to charge a hotel user fee,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a second time, ordered to third reading, and in accordance with the former direction of the Speaker, 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 given further consideration:
H. B. 2184, Providing criminal penalties for negligently or carelessly shooting and wounding or killing a animal being while hunting under the influence of alcohol or drugs,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a second time and ordered to third reading with the right to amend.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
H. B. 2808, Relating to adding a magistrate to those serving Raleigh County,
And,
H. B. 3213,
Creating the offenses of malicious assault, unlawful assault, battery and recidivism of battery, assault on a driver, conductor, captain or other person in charge of any vehicle used for public conveyance,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (H. B. 2808 and H. B. 3213) were taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent Calendar.
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, still being in possession of the Clerk, was taken up for further consideration.
On motion of Delegate Proudfoot the title of the bill was amended to read as follows:
H. B. 2782-"A Bill to amend and reenact §8-21-3 of the Code of West Virginia, 1931, as amended, relating to municipal board of park and recreation commissioners generally; increasing the number of members the governing body may appoint to a board of park and recreation commissioners to not more than seven; and providing for the appointment of not more than three members from the governing body if the board of park and recreation commissioners consists of six or seven members."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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:
H. B. 3358, on second reading, Consent Calendar, to the House Calendar, by Delegate Michael.
H. B. 2334, on second reading, Consent Calendar, to the House Calendar, by Delegate DeLong.
At 7:22 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 30, 2005.