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Thursday, February 10, 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 Wednesday, February 9, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the annual report of the biennium for the fiscal years 2003 and 2004 for the West Virginia Board of Dental Examiners, in accordance with article four, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2003 annual report of the Adjutant General of West Virginia, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2003 West Virginia Youth Services' annual report and comprehensive plan update for the West Virginia Department of Health and Human Resources, in accordance with section seven-a, article five-b, chapter forty-nine of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Division of Labor, in accordance with section four, article one, chapter twelve of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Board of Medicine, in accordance with section twelve-b, article one, chapter thirty of the code; which was filed in the Clerk's Office.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 8 -- "Memorializing Samy E. G. Elias, former Chair and Professor of Industrial Engineering at West Virginia University."
Whereas, Samy E. G. Elias was born in Cairo, Egypt, and later came to the United States in 1956 for graduate study. While an associate professor at West Virginia University in 1965, Elias developed the West Virginia University-Morgantown Personal Rapid Transit (PRT) system, a computer-controlled people-mover which would help the University increase its student population; and
Whereas, In 1972, the PRT was named one of the nation's 10 most outstanding engineering achievements of the year. More recently, the PRT, which still ranks as a model computerized mass transit system, was picked as the best overall people-mover by the New Electric Railway Journal; and
Whereas, For three decades, the PRT has been serving the transportation needs of West Virginia University students, faculty and staff, residents of Morgantown, visitors and researchers. During each semester, 55 vehicles transport about 16,000 passengers a day. Annually, the fleet of 71 vehicles accumulates more than 800,000 miles and transports over 2 million people while operating at over 98 percent efficiency without any passenger injuries; and
Whereas, Samy E. G. Elias, whose creative imagination brought the PRT to its ultimate realization, passed away November 13, 2004; and
Whereas, It is fitting that the Legislature honor the creator of the West Virginia University- Morgantown Personal Rapid Transit system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby memorializes Samy E. G. Elias, former Chair and Professor of Industrial Engineering at West Virginia University; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of Samy E. G. Elias, the President of West Virginia University, the Mayor and City Council of Morgantown, the County Commission of Monongalia County, West Virginia's congressional delegation and the Governor.
Resolutions Introduced

Mr. Speaker, Mr. Kiss, and Delegates Michael, Perdue, Leach and Hatfield offered the following resolution, which was read by its title as follows:
H. R. 10 - "Providing for a 'Leaders on the Move' program to exist from the first Monday of the regular session of the Legislature until the last day of the regular session of the Legislature,2005, during which the members of the Senate and their staff, the members of the House and their staff and the Governor and his staff shall participate in the 'West Virginia on the Move' program and shall compare the number of steps taken by members of each group and enter into a competition with each house and the Governor's Office. The group with the greatest participation with consideration of the difference in size of each group shall be awarded the first annual 'Leaders on the Move' award to be placed in the President of the Senate's or Speaker of the House's or Governor's Office based on outcome of the competition."
Whereas, West Virginia is in a crisis; and
Whereas, Currently, 27.6% of West Virginians are obese which is ranked first in the nation and 36.1% are overweight; and
Whereas, There is compelling medical evidence that these conditions are causal factors for the concurrent rise in heart disease, diabetes and hypertension; and
Whereas, The number of weight-related preventable illnesses has increased, driving up the healthcare costs and reducing workplace productivity; and
Whereas, With lifestyle related diseases now responsible for 60% of health care claims, both public and private insurers are being forced to increase health care premiums to keep pace with increased costs; and
Whereas, Physical activity is an essential component of a healthy lifestyle; and
Whereas, The members of the Legislature and the Governor are committed to encouraging every community in West Virginia to sponsor a "West Virginia on the Move" program by establishing a "Leaders on the Move" program during the current legislative session; therefore, be it
Resolved by the Legislature of West Virginia:
That beginning on the first Monday of the regular session of the Legislature, 2005, the Senate and their staff, the House and their staff and the Governor and his staff shall participate in the "Leaders on the Move" program for the remainder of the legislative session and shall keep records to participate in the competition for the first annual "Leaders on the Move" award to be presented on the 60th day of the regular session of the Legislature, 2005.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 10) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Overington, Louisos, Rowan and Sumner:

H. B. 2130 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5-20a, relating to requiring the collection of statistics relative to abortions performed in the State"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Overington, Frich, Carmichael and Sumner:
H. B. 2131 - "A Bill to amend and reenact §3-8-5a of the code of West Virginia, 1931, as amended, relating to elections generally and lowering the threshold for reporting certain information about individuals, firms, associations or committees contributing to a campaign from two hundred fifty dollars to one hundred dollars"; to the Committee on the Judiciary.
By Delegates Overington, Louisos, Rowan, Evans, Frich, Blair and Carmichael:
H. B. 2132 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to justification to use deadly force by a pregnant woman when she reasonably believes that her unborn child's life is threatened"; to the Committee on the Judiciary.
By Delegates Overington, Blair, Duke, Frich, Louisos, Rowan and Sumner:
H. B. 2133 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to the consumers sales tax generally and providing for the graduated elimination of the consumers sales tax on food purchased for consumption off the premises"; to the Committee on Finance.
By Delegates Overington, Ellem, Howard, Louisos, Azinger, Sobonya and Carmichael:
H. B. 2134 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-22, relating to personal income tax; and authorizing a two-tiered tax credit for parents or legal guardians who provide their children with either home or private schooling"; to the Committee on Education then Finance.
By Delegates Staton and Browning:
H. B. 2135 - "A Bill to amend and reenact §18A-4-10 and §18A-4-10c of the Code of West Virginia, 1931, as amended, all relating to mandating that county boards of education establish personal leave banks which allow board employees to donate personal leave to be used by fellow board employees who are absent from work because of accident or illness, or who are absent while acting as care givers"; to the Committee on Education then Finance.
By Delegates Amores, Webster, Palumbo and Kominar:
H. B. 2136 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-4-18, relating to certain unlawful covenants; and requiring the clerk of the county commission to execute, record and post a disclaimer"; to the Committee on the Judiciary.
By Delegate Frederick:
H. B. 2137 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3B-6, relating to trespass; trespass on a track of a railroad; persons authorized to be on a track of a railroad; definitions; and penalties"; to the Committee on the Judiciary.
By Delegate Schadler:
H. B. 2138 - "A Bill to amend and reenact §16-5O-2 of the code of West Virginia, 1931, as amended, relating to authorizing medication administration by unlicenced personnel of nursing homes"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Sumner:
H. B. 2139 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-20-1e, relating to limiting the number of exceptional students in regular education classes"; to the Committee on Education then Finance.
By Delegate Perry:
H. B. 2140 - "A Bill to amend and reenact §18-9A-4 and §18-9A-5 of the code of West Virginia, 1931, as amended, all relating to increasing the foundation allowances for professional educators to fifty-five and service personnel to thirty-seven for each one thousand students"; to the Committee on Education then Finance.
By Delegate Hamilton:
H. B. 2141 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-19-13a, relating to prohibiting charitable organizations from soliciting contributions on public highways; and penalties"; to the Committee on the Judiciary.
By Delegate Yost:
H. B. 2142 - "A Bill to amend and reenact §61-3B-1 of the code of West Virginia, 1931, as amended, relating to defining curtilage as it relates to trespass"; to the Committee on the Judiciary.
By Delegate Sobonya:
H. B. 2143 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-14, relating to prohibiting school employees from counseling, referring, transporting or assisting any student to obtain an abortion; providing a violation of the section is a misdemeanor; and providing that nothing in the section may be construed as approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Caputo:
H. B. 2144 - "A Bill to amend and reenact §11-21-10 of the code of West Virginia, 1931, as amended, relating to the earned income exclusion for personal income tax purposes; allowing the deduction to be in the amount of the poverty guidelines updated annually by the United States Department of Health and Human Services; and excluding amounts of unemployment compensation, workers' compensation, Social Security and similar benefits in determining earned income"; to the Committee on Finance.
By Delegate Ellem:
H. B. 2145 - "A Bill to amend and reenact §11-1C-9 of the code of West Virginia, 1931, as amended, relating to changing the time for periodic valuations and assessments of real and personal property; and providing for a ten percent cap on any increase in one year"; to the Committee on the Judiciary then Finance.
By Delegate Stemple:
H. B. 2146 - "A Bill to amend and reenact §50-1-13 of the code of West Virginia, 1931, as amended, relating to payment to magistrates who serve temporarily in another county"; to the Committee on the Judiciary then Finance.
By Delegate Leggett:
H. B. 2147 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §20-2-5g and §20-2-46n, all relating to permitting persons with certain physical disabilities to use a crossbow during archery season"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegate Stalnaker:
H. B. 2148 - "A Bill to amend and reenact §50-2-1 of the code of West Virginia, 1931, as amended, relating to giving magistrates the authority to perform marriages; and allowing magistrates to charge up to fifty dollars for performing a marriage"; to the Committee on the Judiciary.
By Delegate Overington:
H. B. 2149 - "A Bill to amend and reenact §18-2-9 of the code of West Virginia, 1931, as amended, relating to required courses of school instruction generally; requiring the accumulation of one and one-half years of instruction in the study of the Declaration of Independence and other founding American historical documents including the Bill of Rights before high school graduation; and requiring study of the historical, political and social environments at the time these documents were generated; prohibiting study of social problems, economics, foreign affairs, the United Nations, world government, socialism or communism until basic courses in American state and local geography and history are completed"; to the Committee on Education then Judiciary.
By Delegates Amores, Mahan, Pino and Schadler:
H. B. 2150 - "A Bill to amend and reenact §49-6-1 of the code of West Virginia, 1931, as amended, relating to expanding the possible venues where a child neglect or abuse petition may be filed"; to the Committee on the Judiciary.
By Delegate Morgan:
H. B. 2151 - "A Bill to amend and reenact §11A-3-20 of the Code of West Virginia, 1931, as amended, relating to sheriff's tax sale of real estate erroneously assessed or nonexistent; modifying the method for a purchaser to recover the purchase money; and, limiting the period of time for demanding a refund"; to the Committee on the Judiciary.
By Delegates Hamilton, Louisos and Romine:
H. B. 2152 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to the Department of Health and Human Resources; requiring the Department to enforce specific abortion clinic regulations; and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Caputo, Staton, Perdue, Tucker and Stalnaker:
H. B. 2153 - "A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931, as amended, relating to the regional jail and correctional facility authority; correctional officers employed by the authority at regional jails and the northern regional jail and correctional facility; and civil service coverage of same"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Caputo, Walters and Hamilton:
H. B. 2154 - "A Bill to amend and reenact §29-22A-10 of the Code of West Virginia, 1931, as amended, 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"; to the Committee on Finance.
By Delegates Wakim and Butcher:
H. B. 2155 - "A Bill to amend and reenact §5-11-9 of the code of West Virginia, 1931, as amended, relating to the Human Rights Commission; unlawful discriminatory practices; and prohibiting discrimination in providing access to public accommodations because of means of transportation or insignia on clothing"; to the Committee on the Judiciary.
By Delegates Leggett, Frederick and Romine:
H. B. 2156 - "A Bill to amend and reenact §48-24-104 of the Code of West Virginia, 1931, as amended, relating to the duty of support for a child born out of wedlock by the natural father who is a teenager under the age of eighteen years; and liability of his parents"; to the Committee on the Judiciary.
By Delegates Perry, Browning and Hrutkay:
H. B. 2157 - "A Bill to amend and reenact §18-9A-21 of the code of West Virginia, 1931, as amended, relating to providing for safe schools through alternative education programs for certain students"; to the Committee on Education then Finance.
By Delegates Ellem, Azinger and Beane:
H. B. 2158 - "A Bill to amend and reenact §17A-3-3a of the Code of West Virginia, 1931, as amended, relating to exempting one motor vehicle owned by a volunteer fireman from personal property taxation"; to the Committee on the Judiciary then Finance.
By Delegates Browning, Perry and Staton:
H. B. 2159 - "A Bill to amend and reenact §5-10-22 of the Code of West Virginia, 1931, as amended, relating to retirement annuity of public employees and retirants; and increasing the multiplier"; to the Committee on Pensions and Retirement then Finance.
By Delegate Louisos:
H. B. 2160 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-7-1, relating to providing vendors may apply a surcharge of up to six percent of the amount of any retail sales transaction in which a credit card is used"; to the Committee on the Judiciary then Finance.
By Delegate Amores:
H. B. 2161 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-6b, relating to the creation of an office of inspector general within the department of health and human resources"; to the Committee on Government Organization then Finance.
By Delegates Boggs and Talbott:
H. B. 2162 - "A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended, relating to equalizing magistrate salaries for all magistrates"; to the Committee on the Judiciary then Finance.
By Delegates Campbell:
H. B. 2163 - "A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to unemployment compensation generally; and eliminating reductions in unemployment compensation for persons receiving benefits under Title II of the Social Security Act"; to the Committee on Finance.
By Delegates DeLong, Amores, Perdue and Howard:
H. B. 2164 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §27-17A-1, §27-17A-2, §27-17A-3, §27-17A-4, §27-17A-5, §27-17A-6, §27-17A-7, §27-17A-8, §27-17A-9, §27-17A-10, §27-17A-11 and §27-17A-12, all relating to creation of a registry containing names of employees from any agency or organization under the authority of the Department of Health and Human Resources who have committed acts of abuse, neglect or misappropriation of property against any person under the care, custody or control of the agency or organization; providing for definitions of certain terms; requiring that each organization and agency under the authority of the Department of Health and Human Resources maintain individual employee forms for recording personal information as well as information related to allegations of abuse, neglect or misappropriation of property; addressing how complaints are handled and investigated; providing for appeal by persons determined to have committed any act of misconduct under the provisions of this article; requiring employment screening of applicants for employment; setting forth the Secretary of the Department of Health and Human Resources' duties under the article; prohibiting the employment of persons whose names are contained on the registry; setting forth the standard of proof to be applied in contested matters involving allegations of misconduct; providing that, pending final outcome of contested matters involving allegations of misconduct, records are not accessible to the public; providing that information contained on the registry is public information; providing a mechanism for removal of names from the registry for good cause; requiring the Secretary to propose legislative rules for rehabilitation and behavior modification of persons whose names are included on the registry; and, requiring mandatory reporting by employees and others of instances of abuse, neglect or misconduct they witness subject to the provisions of this article"; to the Committee on Government Organization then Finance.
By Delegates Caputo, Butcher, Boggs, Tucker and Martin:
H. B. 2165 - "A Bill to amend and reenact §21-5C-3 of the Code of West Virginia, 1931, as amended, relating to maximum hours of work; and providing that an employee has the right to decline to work more than forty hours in any one workweek"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Stemple:
H. B. 2166 - "A Bill to amend and reenact §7-14-8 of the Code of West Virginia, 1931, as amended, relating to providing for lateral transfers for deputy sheriffs"; to the Committee on Pensions and Retirement then the Judiciary.
By Delegates Ellem, Anderson and Azinger:
H. B. 2167 - "A Bill to amend and reenact §49-7-1 of the Code of West Virginia, 1931, as amended, relating to releasing the name and identification of an adjudicated or convicted juvenile to the victim of the offense"; to the Committee on the Judiciary.
By Delegates Iaquinta and Caputo:
H. B. 2168 - "A Bill to amend and reenact §33-30-6 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of mine subsidence insurance reinsured by the board of risk management"; to the Committee on Banking and Insurance the Finance.
By Delegate Kominar:
H. B. 2169 - "A Bill to repeal §27-6A-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §27-6A-1, §27-6A-2, §27-6A-3, §27-6A-4 and §27-6A-5; and to amend said code by adding thereto three new sections, designated §27-6A-10, §27-6A-11 and §27-6A-12, all relating to repealing the development of conditional release plans; amending provisions for the determination of competency of defendant to stand trial and of criminal responsibility; examination; commitment; hearing on competency to stand trial; findings; court jurisdiction over persons found not guilty by reason of mental illness, mental retardation or addiction; release from jurisdiction of the court; discharge; periodic review of person found incompetent to stand trial; and adding provisions for forensic evaluations and evaluators; payment to forensic evaluators; uniform forensic court orders; and promulgation of rules"; to the Committee on the Judiciary.
By Delegate Anderson:
H. B. 2170 - "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to allowing parking fees to be charged for accessible (handicapped) parking spaces under certain circumstances; and requiring the Commissioner of the Division of Motor Vehicles to provide certain informational documents to accessible parking recipients and to the general public"; to the Committee on Roads and Transportation then Finance.
By Delegate Hrutkay:
H. B. 2171 - "A Bill to amend and reenact §61-3-39a of the code of West Virginia, 1931, as amended, relating to increasing the penalties for issuing worthless checks"; to the Committee on Banking and Insurance then Judiciary.
By Delegate Sobonya:
H. B. 2172 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across state lines to obtain an abortion without written consent by both parents, and providing for a penalty"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Schoen:
H. B. 2173 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to providing an exception for family court judges as to prohibitions against carrying concealed deadly weapons"; to the Committee on the Judiciary.
By Delegates Spencer, Perdue and Amores:
H. B. 2174 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6A-2a, relating to requiring the Department of Health and Human Resources to develop a procedure to notify licensed professionals who are mandated to report child abuse and neglect of the disposition of the investigation into the report"; to the Committee on the Judiciary.
By Delegates Caputo, Mahan, Webster and Schadler:
H. B. 2175 - "A Bill to amend and reenact §19-23-9 of the Code of West Virginia, 1931, as amended, relating to licensed racing associations generally and providing that one-forth of one percent of the total pari-mutuel wagering pools be placed in a pension plan for all licensed racing association employees"; to the Committee on Pensions and Retirement then the Judiciary.
By Delegates Azinger, Ron Thompson, Stalnaker and Amores:
H. B. 2176 - "A Bill to amend and reenact §61-5-27 of the Code of West Virginia, 1931, as amended, relating to providing the offense of intimidating a judge or magistrate is also applicable to times when the judge or magistrate are off duty"; to the Committee on the Judiciary.
By Delegates Stemple and Perry:
H. B. 2177 - "A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to establishing a new license plate that designates city or municipality law- enforcement departments"; to the Committee on Roads and Transportation then Finance.
By Delegate Caputo:
H. B. 2178 - "A Bill to amend and reenact §17C-4-7 of the code

of West Virginia, 1931, as amended, relating to requiring law-enforcement officers investigating motor vehicle accidents to include in the written report the estimated weights of commercial motor vehicles involved in accidents"; to the Committee on the Judiciary.
By Delegates Spencer, Hatfield and Beane:
H. B. 2179 - "A Bill to amend and reenact §8A-7-7 of the Code of West Virginia, 1931, as amended, relating to municipal zoning generally; providing for the placement of zoning ordinances on the ballot for approval; providing for zoning by referendum; and allowing local option zoning"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Hamilton, Hrutkay, Hatfield and Perdue:
H. B. 2180 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5U-1, §16-5U-2, §16-5U-3, §16-5U-4, §16-5U-5, §16-5U-6 and §16-5U-7, all relating to establishing the Hospital Infection Disclosure Act requiring hospitals to disclose hospital-infection rates for the public"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Doyle:
H. B. 2181 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to general consumer protection; and electronic scanners and shelf prices"; to the Committee on the Judiciary.
By Delegate Hatfield:
H. B. 2182 - "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 the criminal offense of injury to a pregnant woman that results in miscarriage or stillbirth; specifying penalties for such offense; providing for escalating levels of punishment that are proportionate to the degree of violence involved and for when the offense involves criminal acts of domestic violence; defining terms; providing an exception; and providing that certain additional prosecutions and convictions are not barred"; to the Committee on the Judiciary.
By Delegate Evans:
H. B. 2183 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-13a, relating to hospitals and similar institutions; and requiring any facility that performs abortions to maintain a quality assurance program"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Michael:
H. B. 2184 - "A Bill to amend and reenact §20-2-57 of the code of West Virginia, 1931, as amended, relating to providing criminal penalties for shooting and wounding or killing a human being by a person hunting, pursuing, taking or killing wild animals or wild birds while under the influence of alcohol, controlled substances or drugs; and permitting court-ordered restitution"; to the Committee on the Judiciary.
By Delegate Beane:
H. B. 2185 - "A Bill to amend and reenact §7-7-4 of the code of West Virginia, 1931, as amended, relating to increasing circuit clerks' salaries"; to the Committee on the Judiciary then Finance.
By Delegate Amores:
H. B. 2186 - "A Bill to amend and reenact §27-5-2, §27-5-3 and §27-5-4 of the code of West Virginia, 1931, as amended, all relating to institution of proceedings for involuntary custody for examination; custody; probable cause hearing; examination of individual; admission under involuntary hospitalization for examination; hearing; release; institution of final commitment proceedings; hearing requirements; and release"; to the Committee on the Judiciary.
By Delegate Caputo:
H. B. 2187 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-37, relating to requiring insurance companies that provide automobile insurance to accept policy premiums, at the option of the insured, either monthly, quarterly, semiannually or annually"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Howard and Sobonya:
H. B. 2188 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26t, relating to providing a cost-of-living provision for certain persons retired under the teachers retirement system"; to the Committee on Pensions and Retirement then Finance.
By Delegates Ellem and Amores:
H. B. 2189 - "A Bill to amend and reenact §15-10-4 of the Code of West Virginia, 1931, as amended, relating to authorizing law-enforcement officials to deputize police in other states"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Campbell:
H. B. 2190 - "A Bill to amend and reenact §16-13A-4 of the code of West Virginia, 1931, as amended, relating to payments to public service district board members; increasing the salary of public service district board members; clarifying when salary and expense payments may be made; and adding sewer service to the salary schedule for public service districts which contract with others to provide service"; to the Committee on Political Subdivisions then Finance.
By Delegate Louisos:
H. B. 2191 - "A Bill to amend and reenact §62-3-15 of the code of West Virginia, 1931, as amended, relating to making a person convicted of first or second degree murder of a law-enforcement officer, under certain circumstances, punishable by death"; to the Committee on the Judiciary then Finance.
By Delegate Howard:
H. B. 2192 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to providing that neither the State nor any county may reimburse any person or entity for transporting any person to schedule, arrange or procure an abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Howard:
H. B. 2193 - "A Bill to amend and reenact §33-42-3 of the code of West Virginia, 1931, as amended, relating to providing when any body part of an unborn child is outside the mother's womb, the child is born, and is considered a citizen of the State with same rights and privileges under the law as any other citizen"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2194 - "A Bill to amend and reenact §6B-2-4 and §6B-2-10 of the Code of West Virginia, 1931, as amended, all relating generally to the ethical standards of public officers and employees; providing for confidentiality requirements as to Commission members and staff, the Review Board, complainants and informants; prohibiting the submission of false information to the Commission; and providing for penalties"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2195 - "A Bill to amend and reenact §60A-2-212 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-3-302 and §60A-3-308 of said code; to amend and reenact §60A-4-401 of said code; to amend said code by adding thereto a new section, designated §60A-4- 411a; and to amend and reenact §60A-9-3, §60A-9-4 and §60A-9-5 of said code, all relating to limiting the purchase of substances used in the production of methamphetamines and methamphetamine labs; providing that certain substances containing ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers are Schedule V substances; limiting access to such substances; providing procedures for purchasing such substances from pharmacists or licensed pharmacy technicians; providing for the registration of every wholesaler, manufacturer or distributor of certain drug products containing such substances; creating a central repository regarding the reporting of information related to such substances; and providing for penalties"; to the Committee on the Judiciary.
At 11:21 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00 a.m., Friday, February 11, 2005.