hdj2005-02-25-17

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Friday, February 25, 2005

The House of Delegates met at 10:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 24, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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. 2477, Relating to exemptions from execution or other judicial process in consumer credit transaction or consumer leases,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2477 - "A Bill to amend and reenact §38-8-3 of the Code of West Virginia, 1931, as amended, and to amend and reenact §46A-2-136, all relating to exemptions from execution or other judicial process of certain personal property,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2477) will be placed on the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2634, Making changes to the West Virginia Commission for the Deaf and Hard of Hearing,
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. 2634) will be placed on the Consent Calendar.
On motions for leave, bills were introduced (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates Beane, Ennis, Argento, Frich and Rowan:
H. B. 2666, "A Bill to amend and reenact §9-2-1a of the code of West Virginia, 1931, as amended, relating to continuation of the Department of Health and Human Resources,"
And,
By Delegates Beane, Ennis, Iaquinta and Rowan
H. B. 2667 - "A Bill to amend and reenact §5-14-12 of the code of West Virginia, 1931, as amended, related to continuation of the West Virginia Commission for the Deaf and Hard of Hearing."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 2666 and H. B. 2667) will be placed on the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2592, Relating to the design-build procurement act,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2592 - "A Bill to amend and reenact §§5-22A-2, §5-22A-3, §5-22A-4, §5-22A-5, §5-22A-6, §5-22A-7, §5-22A-8, §5-22A-10, §5-22A-11, §5-22A-12 and §5-22A-15 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-22A-9a, all relating to the Design-Build Procurement Act; defining certain terms; providing for reimbursement of expenses of members of Design-Build Board; modifying the duties and responsibilities of the Design-Build Board; modifying requirements for approval of design-build projects; clarifying that authority to enter into design-build contracts terminates when board terminates; providing for monthly progress reports on design-build projects; requiring annual reports to the Legislature; revising rulemaking authority and requirements; modifying requirements for performance criteria developers; prohibiting agency employees from serving as performance criteria developers except in certain circumstances; establishing requirements for issuing invitations for qualifications and invitations for proposals; providing for selection of qualified design-builders; revising proposal requirements; providing for separate evaluation of technical submissions and cost submissions; providing for board approval of technical submissions; and providing for continuation of the board."
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2592) to the Committee on Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2592) will be placed on the Consent Calendar.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the 2003-2004 annual report of the West Virginia Parole Board, a Division of Military Affairs and Public Safety, in accordance section twenty, article one, chapter five 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 passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 122 - "A Bill to amend and reenact §31A-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §31A-2-5 of said code; and to amend and reenact §31A-4-1 and §31A-4-5 of said code, all relating to the ability of a state-chartered bank to organize as a limited liability company"; 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
S. B. 154 -- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15-23, relating to the beneficial use of water treatment plant sludge; requiring promulgation of legislative rules; and setting forth minimum requirements for the legislative rules"; which was referred to the Judiciary.
On motion of Delegate Staton, Com Sub. for S. B. 261, providing for special election proposing amendment to Constitution designated Pension Bond Amendment, still being in the possession of the Clerk, was taken up for further consideration.
On motion of Delegate Staton, the House of Delegates then reconsidered the effective date of the bill.
On the further motion of Delegate Staton, the House of Delegates then reconsidered the vote whereby it passed the bill.
At the request of Delegate Staton, and by unanimous consent, the rule was suspended to permit the offering and consideration of amendments on third reading.
On motion of Delegate Staton, the bill was then amended on page four, section four, line twelve, by striking out the sentence beginning on line twelve and inserting in lieu thereof the words "The proposed official ballots shall be paper ballots."
There being no further amendments, 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. 48), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Leach and Stevens.
Absent And Not Voting: Ferrell, Fragale and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 261) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 261 - "A Bill to submit the Pension Bond Amendment to the Constitution of the State of West Virginia to the voters of the state for ratification or rejection at a special election to be held throughout the state on the twenty-fifth day of June, two thousand five; calling the special election; directing that the proposed amendment be submitted to the voters of the state at the special election and how such amendment is to be numbered, designated and summarized; providing for publication of the proposed amendment and publication of notice of the special election and the form thereof; providing that no question or issue other than the ratification or rejection of the proposed amendment shall be voted upon at the special election; providing for an official paper ballot; providing for one board of election officials in each precinct and for recounts; providing for the conduct of and procedures for the special election; providing that the costs and expenses of the special election be paid out of the state Treasury; and providing for a proclamation of the result of the special election by the Secretary of State."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 49), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Leach and Stevens.
Absent And Not Voting: Ferrell, Fragale and Marshall.
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 S. B. 261) 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.
Bills Introduced
The following bill was introduced, read by its title, and referred as follows:
By Delegates Kominar, Amores, Stalnaker, Long, Hartman, Rick Thompson and Stemple:

H. B. 2764 - "A Bill to amend and reenact §30-3-14 of the Code of West Virginia, 1931, as amended, relating to allowing the Board of Medicine to issue a license to a physician convicted of certain drug related offenses"; to the Committee on the Judiciary.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2176, Providing the offense of intimidating or harassing a judge or magistrate are also applicable to times when the judge or magistrate are off duty,
And,
H. B. 2593, Relating to land use planning and removing the requirement of Board of Zoning Appeals to pay attorneys' fees.
On the passage of the bills, the yeas and nays were taken (Roll No. 50), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2176 and H. B. 2593) passed.
On motion of Delegate Beane, the title of H. B. 2593 was amended to read as follows:
H. B. 2593- "A Bill to repeal §8-24-86 and §8-24-87 of the code of West Virginia, 1931, as amended; and to amend and reenact §8A-8-11 of said code, relating to land use planning; making technical corrections by repealing superceded sections; revising requirement of Board of Zoning Appeals to pay attorneys' fees on certain appeals; providing for payment of costs and fees for certain hearings before the Board; clarifying court approval of amount of costs and fees; and limiting amount of attorneys' fees to be paid by the Board."
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

H. B. 2623, Continuation of the Public Land Corporation; on second reading, coming up in

regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2106, Imposing a lien and recovery for unpaid child support on the proceeds due a child support debtor from a settlement, judgment or award,
H. B. 2186, Restricting involuntary commitment for addicted persons to those who, as a result of such addiction, are likely to cause serious harm to themselves or others,
Com. Sub. for H. B. 2189, Authorizing law-enforcement officers to deputize police in other states,
H. B. 2329, Authorizing a court to order a defendant to contribute monetarily or through hours of service to a local crime victim's assistance program,
And,
Com. Sub. for H. B. 2417, Relating to compressed gas container safe transport.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Fragale and Marshall.
At 10:25 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, February 28, 2005.