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Friday, February 21, 2003
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 20, 2003, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for presentations by the House.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
proceeded to the Ninth Order of Business for the purpose of considering a resolution on Unfinished
Business.
Unfinished Business
The Clerk then read H. C. R. 46, requesting the West Virginia Division of Highways to name
Mullens Overhead Bridge, located on State Route 16 in Mullens, Wyoming County, West Virginia,
the "Sergeant Jack W. Staton Memorial Bridge".
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates then
proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced
Delegates Trump, Overington, Faircloth, Blair, Duke, Tabb and Mezzatesta offered the
following resolution, which was read by the Clerk, as follows:
H. R. 17 - "Commemorating and celebrating the life of Allen E. Goldstrom, husband,
brother, U.S. Air Force veteran, teacher and public servant."
Whereas, Allen E. Goldstrom was born on November 12, 1916 in Morgantown, West
Virginia, to Andrew Oscar and Alice Rayner Goldstrom and was the brother of Andrew Oscar
Goldstrom, Jr. and Harry Edward Goldstrom; and
Whereas, Mr. Goldstrom was married to Virginia T. Goldstrom, who preceded him in
death; and
Whereas, Al Goldstrom loved the State of West Virginia. He was educated in public schools
in Morgantown, graduated from Masontown High School in 1934, and acquired a Bachelor's Degree
from West Virginia University in Morgantown. He was also a member of the West Virginia
University Alumni Association and the Mountaineer Club; and
Whereas, A life-long scholar, Mr. Goldstrom he had earned a Master's degree and had
pursued doctoral studies; and
Whereas, Mr. Goldstrom served as the Assistant Principal at Martinsburg High School. He
was also a teacher with Morgan County Public Schools and served as the football and baseball coach before retiring in 1967; and
Whereas, Mr. Goldstrom was a World War II veteran of the United States Air Force; and
Whereas, Mr. Goldstrom was an active resident of his Berkeley Springs community, being
a member of both the Francis Asbury United Methodist Church and the Deford Lodge #88 A.F. &
A.M.; and
Whereas, Mr. Goldstrom chose to reenter public service after his retirement and was elected
to the House of Delegates in 1974, where he served as a member from 1975 to 1976; and
Whereas, Allen E. Goldstrom, aged eighty-six, died Tuesday, January 7, 2003 at Morgan
County War Memorial Hospital in Berkeley Springs; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby memorializes and celebrates the life of Allen E.
Goldstrom and gratefully acknowledges his distinguished and dedicated career as a public servant
to his country and his beloved state; and, be it
Further Resolved, That the Clerk of the House of Delegates be hereby directed to forward
a copy of this resolution to his surviving family members.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 17) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Committee Reports
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 3014, Relating generally to "Main Street Fairness Act of 2003",
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3014 - "A Bill to amend and reenact sections one-a, two, three, four,
four-a, four-b, five, six, eight, nine-f, thirteen, fourteen, sixteen, thirty-one and thirty-three, article
fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as
amended; to amend and reenact sections one, one-a, two, three, three-a, four, five, six, seven, eight,
nine, ten, ten-a, eleven, eighteen, twenty-one, twenty-two, twenty-seven and twenty-nine, article
fifteen-a of said chapter; to amend and reenact sections one, two, three, and five, article fifteen-b of
said chapter; and to further amend said article fifteen-b by adding thereto twenty-three new sections,
designated sections two-a, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen,
nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six,
twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one and thirty-two, all relating generally to
'Main Street Fairness Act of 2003', amending consumers sales and service and use tax laws to
conform to requirements of streamlined sales and use tax agreement; incorporating in this state's
sales and use tax laws certain substantive provisions of agreement pertaining to definitions,
administration, collection and enforcement of sales and use taxes; renaming simplified sales and use
tax administration act as streamlined sales and use tax administration act; authorizing tax
commissioner to sign agreement; specifying effective dates; deleting obsolete language and making
other technical changes,"
With the recommendation that the committee substitute do pass.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S.B. 164, Continuing office of coalfield community development,
S.B. 469, Continuing contractor licensing board,
S.B. 417, Continuing commission for deaf and hard-of-hearing,
S.B. 166, Continuing oil and gas inspectors' examining board,
S.B. 471, Continuing board of pharmacy,
S.B. 414, Authorizing real estate commission to enter into license reciprocity agreements
with other states,
And,
S.B. 415, Continuing environmental quality board,
And reports the same back, by unanimous vote of the Committee, 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 bills (S. B. 164, S. B. 469, S. B. 417, S. B. 166, S. B.
471, S. B. 414 and S. B. 415) 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. 2965, Authorizing the division of corrections and the state fire marshal to retire,
transfer or dispose of canines used within these departments,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2965 - "A Bill to amend article twenty, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new
section, designated section twenty-five, relating to authorizing the transfer of ownership of state
owned dogs or horses by governmental agencies,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2965) to the Committee
on the Judiciary was abrogated.
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. 3016, Allowing the department of health and human resources to retain adult protective
service records for thirty years,
And,
H. B. 3018, Changing the amount of time that the department of health and human resources
must retain child protective services' records,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 3016 and H. B 3018)
were each referred to the Committee on the Judiciary.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S.B. 461, Updating section of corporation net income tax act for federal income tax purposes,
And,
S. B. 462, Updating certain terms in personal income tax act for federal income tax purposes,
And reports the same back, by unanimous vote of the Committee, 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 bills (S. B. 461 and S. B. 462) will be placed on the
Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2003, Allowing municipalities to self-insure together and promulgation of rules by the
Commissioner of Insurance,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2003 - "A Bill to amend and reenact section sixteen, article twelve-a,
chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to clarifying the law to allow for one or more municipalities to self-insure together and
eliminating the requirement that the insurance commissioner promulgate rules relating to self-
insurance programs for political subdivisions,"
H. B. 2357, Authorizing the aeronautics commissioner to expense funds,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2357 - "A Bill to amend and reenact section three-a, article two-a,
chapter twenty-nine of the code of West Virginia , one thousand nine hundred thirty-one, as
amended, relating to the authority of the aeronautics commissioner to expend funds,"
And,
H. B. 2733, Increasing funds in the special revenue accounts for the criminal investigation
division and the special audits division,
And reports a back committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2733 - "A Bill to amend and reenact section two-a, article nine, chapter
eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
criminal investigation and special audits' divisions of state tax division; and increasing amount of
unencumbered funds in special revenue account for those divisions that is not transferred to general
fund at end of fiscal year,"
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 2003, Com. Sub. for H. B.
2357 and Com. Sub. for H. B. 2733) 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. 2528, Establishing a flood prevention task force by law,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference to the Committee on Finance be
dispensed with.
In the absence of objection, reference of the bill (H. B. 2528) to the Committee on Finance
was abrogated.
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. 2237, Adding a magistrate in Wood County,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on
Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2237) was referred to
the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2500, Clarifying the authority of the courts to continue protective orders during certain
proceedings,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2500 - "A Bill to amend and reenact section six hundred eight, article
five and section four hundred one, article twenty-seven, chapter forty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all relating to domestic relations
generally and clarifying the authority of the courts to continue protective orders during certain
proceeding,"
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. 2500) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2788, Strengthening the multi-disciplinary treatment team process for children
involved in the court system,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2788) was referred to
the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2126, Strengthening penalties relating to violations of fire laws and rules,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2126 - "A Bill to amend and reenact sections twelve, sixteen-a and
twenty-seven, article three, chapter twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section four, article three-a of said chapter;
and to amend and reenact section three, article three, chapter sixty-one of said code, all relating to
violations of fire laws and rules; increasing penalties; providing for increased criminal penalties; and
providing criminal penalty under certain circumstances for persons involved in setting fires to the
property of others or in public rights-of-way,"
And,
H. B. 2868, Allowing alcohol beverage control commissioner to enter into contracts for sale
and promotion of certain proprietary scanner technology,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2868 - "A Bill to amend article two, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section twenty-two, relating generally to powers of alcohol beverage control
commissioner; authorizing scanner technology for verification of purchasers ages; providing
limitations on uses of collected information; and allowing commissioner to enter into contracts for
sale and promotion of certain proprietary scanner technology,"
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 2126 and Com. Sub for H.
B. 2868) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2136, Election of magistrates in certain counties,
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. 2092, Creating a sentencing commission and providing for the appointment, terms and
qualifications of members,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2092) was referred to
the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2818, Authorizing the county commissions of growth counties to include the transfer
of development rights as part of a zoning ordinance,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2818 - "A Bill to amend article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section three-ll, relating to the authority of a county commission to include a program
for the transfer of development rights as part of an approved county-wide zoning plan, to encourage
the preservation of natural resources, protect the scenic, recreational agricultural value of open
lands, and other legitimate purposes; defining transferrable development rights; and, relating to the
features of a program for the transfer of development rights,"
With the recommendation that the committee substitute do pass.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2765, Relating generally to insurance vending machines,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference to the Committee on the Judiciary be
dispensed with.
In the absence of objection, reference of the bill (H. B. 2765) to the Committee on the
Judiciary was abrogated.
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. 107 - "A Bill to amend and reenact section nine-g, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to consumers
sales and service tax; and creating exemption for purchases of back-to-school clothing and school
supplies by consumers during three-day period in August, two thousand three"; 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. 155 - "A Bill to establish the western West Virginia highway authority
to include representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment
and terms of members; meetings of authority; appointment of officers; and powers of authority";
which was referred to the Committee on Government Organization 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. 338 - "A Bill to amend article four-a, chapter nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section three, relating to the creation of a medicaid buy-in program for working
individuals with disabilities; defining terms; setting eligibility requirements; continuing of coverage
for an individual suffering an involuntary loss of employment; medicaid coverage for individuals
no longer eligible for the program; setting an enrollment fee; requiring the department to develop
a sliding scale of premiums; requiring biannual review of the premium; allowing increase and
decrease of premiums; requiring the department to establish criteria for biannual redetermination of disability and establishing criteria for the redetermination; setting forth funding for the program; and
authorizing emergency rules"; which was referred to the Committee on Health and Human
Resources 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. 391 - "A Bill to amend and reenact section three, article two, chapter
fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
training requirements for certain members of the state police"; which was referred to the Committee
on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 404 - "A Bill to establish the blue and gray intermodal highway
authority; functions; members; appointment; powers and duties; officers; bylaws; rules;
compensation; and authority as corporate body"; which was referred to the Committee on
Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 422 - "A Bill to amend and reenact section four-b, article two, chapter
twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to broadening the power of the public service commission to allow an emergency rate for
a municipality or a utility cooperative"; 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. 432 - "A Bill to amend and reenact section two-a, article three, chapter
fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
payment plans when collecting a portion of a magistrate court fine; and permitting an obligor to
accelerate payment of a fine"; 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. 449 - "A Bill to amend article twenty-two, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section eighteen-c, relating to transfers of unappropriated net profit between state lottery
fund and state excess lottery fund"; 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. 510 - "A Bill to amend and reenact sections two and three, article
twenty-eight, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to the West Virginia commission on holocaust education; providing for reimbursement of actual and necessary expenses; and authorizing the commission to accept gifts,
donations and state funds as appropriated by the Legislature"; which was referred to the Committee
on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 547 - "A Bill to amend and reenact section one, article two, chapter fifty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
section four, article nine of said chapter, all relating to judges and justices generally; providing for
a second judge in the thirtieth judicial circuit; providing for a fifth judge in the twenty-third judicial
circuit; providing that a judge becoming eligible for retirement is not required to contribute to the
retirement system; and clarifying that, for judicial retirement purposes, prosecuting time includes
certain time served as an elected or appointed prosecuting attorney or assistant prosecuting attorney";
which was referred to the Committee on Finance.
Resolutions Introduced
Delegates Tabb, Anderson, Beach, Blair, Border, Campbell, Cann, Canterbury, Doyle, Duke,
Evans, Faircloth, Foster, Long, Louisos, Manuel, Paxton, Perry, Schadler, Shaver, Stalnaker and
Trump offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 49 - "Requesting the Joint Committee on Government and Finance study the costs
and benefits associated with West Virginia's deer population."
Whereas, The State's deer population is an important economic resource of the State; and
Whereas, The State benefits economically from the hunting of deer and associated
activities; and
Whereas, Residents and property owners in the State suffer financial losses due to property
damage by deer, including crop damage and damage to vehicles; and
Whereas, This may affect insurance rates for all West Virginians; and
Whereas, With comprehensive detailed information concerning the costs and the benefits
associated with the State deer population better decisions affecting the deer population may be made
by the Legislature and executive agencies; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to
comprehensively study the costs and benefits associated with the State's deer population; and, be it
Further Resolved, The study should seek to identify and quantify not only the benefits the
State receives from its deer population, but also the added costs and responsibilities to the State due
to the presence of deer and how herd sizes may positively or negatively impact the identified costs
and benefits; and, be it
Further Resolved, That the Joint Committee on Government and Finance compile the results
of the study into a report to be made available to the Legislature, executive agencies and the public;
and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2004, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Fragale, Iaquinta, Warner and Cann offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 50 - "Requesting the Commissioner of the Division of Highways to name the
bridge crossing the West Fork River at Enterprise in Harrison County, the 'Corporal Jerry Lee
Halpenny and PFC Michael Alonzo Wells Memorial Bridge'."
Whereas, When this country needed its young men and women to serve in the Viet Nam
War, two young men who lived only four houses apart in the town of Enterprise, Harrison County,
faltered not in their duty as they saw it; and
Whereas, Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells brought honor to
their families, their community and this State by their determination and unflinching courage in the
face of terrible adversity and eventually laid down their lives in combat; and
Whereas, While this State, Harrison County and the town of Enterprise lost a part of the
future, the parents of Corporal Jerry Lee Halpenny and John and James Halpenny, his brothers, his
wife Linda Halpenny Sandy and Alonzo Harvey Wells and Edith Irene Wells, the parents of PFC
Michael Alonzo Wells, his brothers Charlie and James Harvey Wells lost their sons, a brother and
a husband; and
Whereas, Corporal Jerry Lee Halpenny was born on June 11, 1945 and died October 13,
1968 during his tour of duty in Viet Nam and PFC Michael Alonzo Wells was born February 7, 1949
and died June 27, 1969 during his tour of duty in Viet Nam; and
Whereas, This country and the country of South Viet Nam awarded Corporal Jerry Lee Halpenny the Viet Nam Defense Medal, the Viet Nam Republic Medal, the Purple Heart, the
Combat Infantry Medal, the United States Brass Medal, the United States Infantry Brass Medal, the
Bronze Star and the American Defense Medal and it awarded PFC Michael Alonzo Wells the Viet
Nam Republic Medal, the Purple Heart, the Bronze Star, the Bronze Star with Oak Leaf Cluster, a
third Bronze Star, the Army Commendation Medal and the National Defense Medal; and
Whereas, We know these two young men live in the hearts they have left behind, but they
have honored all of us by their sacrifice and it cannot go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to name the
bridge crossing the West Fork River at Enterprise in Harrison County, the "Corporal Jerry Lee
Halpenny and PFC Michael Alonzo Wells Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at
both ends of this bridge which designates the bridge the "Corporal Jerry Lee Halpenny and PFC
Michael Alonzo Wells Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
resolution to the Commissioner of the Division of Highways, the members of Corporal Jerry Lee
Halpenny and PFC Michael Alonzo Wells families.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegate Carmichael:
H. J. R. 17 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article ten thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose
of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Mr. Speaker, Mr. Kiss, offered the following resolution, which was read by the Clerk:
H. C. R. 51 - "Extending the Committee of Conference relating to consideration of Com.
Sub. for H. B. 2122, relating to medical professional liability generally."
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the
Committee of Conference is hereby extended for a period of three days for the express purpose of
consideration of matters of disagreement between the two houses as to Com. Sub. for H. B. 2122.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. C. R. 51) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 86), and there were--yeas
94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Armstead, Caruth, Coleman, Mezzatesta, Morgan and Webb.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the resolution (H. C. R. 51) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegates Caruth and Armstead announced that they were absent when the vote was taken on Roll No. 86, and that had they been present, they would have voted "Yea" thereon.
Petitions
Delegates Pino and Perry presented a petition, signed by one hundred and thirty-nine
residents of Fayette County, in support of S. B. 56 and H. B. 2142, prohibiting insurers from
requiring persons covered under a contract to obtain prescription drugs from a mail-order pharmacy
under certain circumstances; which was referred to the Committee on Banking and Insurance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss:
H. B. 3090 - "A Bill to amend and reenact sections fourteen, seventeen and seventeen-a,
article ten, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend and reenact section fifteen, article eleven of said chapter, all relating to
payment of interest on tax refunds and tax overpayments; time limits on claims for refund of
personal income taxes; requiring payment of interest on claims for refund of personal income taxes
be paid after forty-five days; requiring payment of interest on claims for refund of corporation net
income taxes be paid after ninety days; setting forth interest calculations; and revising interest
provisions respecting estate taxes"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 3091 - "A Bill to amend and reenact sections one and three, article seven, chapter
thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend
and reenact sections one and five, article seven-a of said chapter, all relating to combining the board of examiners for registered professional nurses with the board of examiners for licensed practical
nurses; transfer of powers, duties and responsibilities; restructuring the board; setting forth a
mandate for the board; and specifying effective date"; to the Committee on Government
Organization.
By Me. Speaker, Mr Kiss, and Delegates Amores and Fleischauer:
H. B. 3092 - "A Bill to amend and reenact sections two, three, four, five and six of article
five-e, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating generally to equal pay for equal work of state employees; modifying
definitions; clarifying prohibited discrimination in payment of wages for work of comparable
character; changing the employee's remedy for a violation of prohibited acts and establishing an
effective date; extending the equal pay commission; eliminating certain authority and duties of the
equal pay commission; and making technical corrections"; to the Committee on Government
Organization then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Staton, Kominar and Trump:
H. B. 3093 - "A Bill to amend and reenact section five, article one of chapter three of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring
county commissions to follow geographic physical features recognized by the U.S. Census Bureau
when determining precinct boundaries"; to the Committee on the Judiciary.
By Delegates Caruth, Frich, Border, Frederick, Schoen and Howard:
H. B. 3094 - "A Bill to amend and reenact section twenty-four, article three, chapter sixty-
one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
enhanced criminal penalties for obtaining money, property and services by false pretenses from persons sixty-five years of age and older"; to the Committee on the Judiciary.
By Delegates Craig, Foster, Amores, Kominar, Morgan, Smirl and Pino:
H. B. 3095 - "A Bill to amend article ten, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
five-v, relating to disclosure of certain tax information by tax commissioner to state treasurer for
purpose of disposing of abandoned, unclaimed or uncashed tax refund checks; specifying that
information so disclosed shall be used by treasurer only for purpose of administering and
implementing return, recovery and disposition of abandoned or unclaimed property; specifying that
treasurer shall treat information so obtained as records of abandoned property; specifying to whom
and how certain information may be disclosed by treasurer; and specifying that tax information
disclosed to treasurer remains otherwise confidential in accordance with state law"; to the Committee
on the Judiciary then Finance.
By Delegates Craig, Howard, Leach, Morgan, Smirl, Webb and Kominar:
H. B. 3096 - "A Bill to amend and reenact section four, article ten, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing
cooperation of campus police with other law-enforcement agencies"; to the Committee on the
Judiciary.
By Delegates Craig, Leach, Morgan, Smirl, Beach and Amores:
H. B. 3097 - "A Bill to amend article two, chapter fourteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
two-a, relating to prescribing proper venue in civil actions involving West Virginia University and
Marshall University"; to the Committee on the Judiciary.
By Delegates Fleischauer, Amores, Webster, Hrutkay, Foster, Palumbo and Staton:
H. B. 3098 - "A Bill to amend article two-b, chapter fifteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section fourteen, relating to providing a right to DNA testing for imprisoned felons and requiring
certain physical evidence be preserved"; to the Committee on the Judiciary then Finance.
By Delegates Martin, Manuel, Butcher, Beane, Kuhn and Hrutkay:
H. B. 3099 - "A Bill to amend and reenact section four, article seven, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
compensation of sheriffs, county clerks and circuit clerks"; to the Committee on Political
Subdivisions then the Judiciary.
By Delegates Sobonya, Hall and Blair:
H. B. 3100 - "A Bill to amend article two, chapter eighteen-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section fourteen, 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 Staton:
H. B. 3101 - "A Bill to amend and reenact section fifteen, article five, chapter nine of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to coverage of
prescription drugs classified as atypical anti-psychotic medications for patients at risk of
hospitalization for mental illness, medications to treat Alzheimer's disease, and anti-retroviral medications used to treat the AIDS virus"; to the Committee on Health and Human Resources then
Finance.
By Delegates Staton, Browning and Yeager:
H. B. 3102 - "A Bill to amend and reenact section six, article one, chapter twenty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the
department of environmental protection to maintain an office in southern West Virginia"; to the
Committee on Finance.
By Delegates Swartzmiller, Kominar, Beach, Varner, Ennis and Beane:
H. B. 3103 - "A Bill to amend chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article, designated article forty-one, relating
to establishment of the athletic training licensure act of two thousand three, providing for licensing
of athletic trainers; defining the practice of athletic training and athletic injury; establishing the
athletic trainers' licensure board; providing for operation of the board; providing for fees and costs
associated therewith; setting forth the powers and duties of the board; providing for the educational
and licensing requirements for practice as an athletic trainer; providing for continuing education;
providing enforcement powers and procedures; providing for penalties and providing exemptions
including provisions for exemption of licensed medical practitioners, student athletic trainers and
state certified athletic trainers practicing in secondary school settings"; to the Committee on
Government Organization.
By Delegate Warner:
H. B. 3104 - "A Bill to amend article two-a, chapter seventeen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-three, relating to the commissioner of highways generally; providing for commercial
work orders for vehicle and equipment repair; establishing criteria for commercial vehicle and
equipment repair vendors; and requiring a cost effectiveness analysis for issuing commercial work
orders"; to the Committee on Roads and Transportation then Finance.
By Delegate H. White:
H. B. 3105 - "A Bill to amend and reenact section two, article forty-five, chapter thirty-three
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
compliance by insurers with minimum fair business standards in the processing and payment of
claims for health care services generally; and eliminating the requirement to pay interest on an
untimely paid claim if the interest calculated is less than one dollar"; to the Committee on Banking
and Insurance then the Judiciary.
By Delegates Williams, Mezzatesta, Beane, Michael, Evans, Anderson and Border:
H. B. 3106 - "A Bill to amend chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-h; to
amend and reenact section two, article twenty-nine of said chapter; to amend and reenact section
two, article one, chapter twenty of said code; and to further amend and reenact sections eleven and
twelve, article two of said chapter, all relating to defining, developing and regulating privately
owned deer as an agricultural enterprise in this state; providing powers and duties of certain state
agencies and departments with respect to privately owned deer; assigning authority and obligations
to certain state agencies and departments with respect to privately owned deer; and providing for
certain criminal penalties and remedies"; to the Committee on Agriculture and Natural Resources
then Finance.
By Delegates Williams, Warner and Mezzatesta:
H. B. 3107 - "A Bill to amend and reenact section two, article twenty-nine, chapter sixteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
clarifying reimbursement for copying and searching medical records by declaring reasonableness;
and specifying retroactive application"; to the Committee on the Judiciary.
By Delegates Fleischauer, Varner, Beane, Stemple, Palumbo, Foster and Manchin:
H. B. 3108 - "A Bill to amend and reenact section three, article twelve-c, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
sections one hundred one, one hundred eight and one hundred nine, article one, chapter thirty-one-b;
to amend and reenact sections two hundred three, two hundred six, two hundred eleven, article two
of said chapter thirty-one-b; to amend and reenact sections one thousand two and one thousand six,
article ten of said chapter thirty-one-b; to amend and reenact section three hundred one, article three,
chapter thirty-one-e; to amend and reenact section four, article eight, chapter forty-seven; to amend
and reenact sections one, thirteen, sixteen and fifty, article nine of said chapter forty-seven; to amend
and reenact sections two, three and four, article nine-a of said chapter forty-seven; to amend and
reenact section one, article one, chapter forty-seven-b; and to amend and reenact sections one and
four, article ten of said chapter forty-seven, all relating to making all business entity filing
requirements consistent with the corporation requirements under the new corporation laws, including
electronic filing, no requirement to have an agent and office in West Virginia, and no requirement
to have a street address; requiring county and business class codes to be on the annual tax returns
filed with the tax department; and clarifying the use of trade names by limited liability companies";
to the Committee on the Judiciary then Finance.
By Delegate Warner:
H. B. 3109 - "A Bill to amend and reenact section eleven, article seven-b, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the
teachers' defined contribution retirement system; providing for service credit for members while
serving in the Legislature; prohibition on additional contributions; employer contributions; effective
dates; and option of member"; to the Committee on Pensions and Retirement then Finance.
By Delegates Michael, Doyle and Cann:
H. B. 3110 - "A Bill to amend and reenact section forty-eight, article fifteen, chapter
seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact sections five, six and seven, article sixteen of said chapter; and to further amend
said article by adding thereto a new section, designated section ten, all relating to transferring motor
vehicle inspection duties from the state police to the commissioner of the division of motor
vehicles"; to the Committee on Roads and Transportation then Finance.
By Delegates Spencer, Palumbo, Hatfield and Mahan:
H. B. 3111 - "A Bill to amend and reenact section three, article three, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to absentee
voting; excluding the Monday or the day before election day for regular absentee voting; expanding
regular absentee voting days to seventeen days before the day of the election; and authorizing
counties to hold regular absentee voting in high schools and magisterial districts"; to the Committee
on the Judiciary.
By Delegates Webster, Brown, Martin and Hatfield:
H. B. 3112 - "A Bill to amend chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article fifteen-b, relating
to meeting and conference rights for members of police or fire departments employed by political
subdivisions; providing for the right of these members to self-organization; allowing designation of
an exclusive representative agent; imposing a duty to meet and confer with employees; allowing
deduction of employee organization dues and assessments; providing for compulsory arbitration of
disputes; listing prohibited acts; allowing hearing before civil service commission; providing judicial
review; specifying powers and duties of the civil service commission; and allowing injunctive
relief"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Caruth, Walters, H. White, Frich, Long, Frederick and Trump
:
H. B. 3113 - "A Bill to amend and reenact section twelve, article five, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
section one, article one, chapter seventeen-a of said code; and to amend article three of said chapter
by adding thereto a new section, designated section twelve-b, all relating to mobile homes generally;
classifying of certain mobile homes for assessment purposes; excepting certain mobile homes
permanently attached to real estate from the definition of motor vehicle; and, recording certain
cancelled certificates of title for mobile homes permanently attached to real property"; to the
Committee on the Judiciary.
By Delegates Varner, Kominar, Swartzmiller, Cann, Williams and Stemple:
H. B. 3114 - "A Bill to amend chapter twenty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
eight, relating to directing the public service commission to implement the West Virginia 211
information and referral system in accordance with the recommendations of the public service commission's appointed task force as reported to the Legislature in two thousand two"; to the
Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Armstead, Williams, Canterbury, Sobonya
and Sumner:
H. B. 3115 - "A Bill to amend and reenact section nine, article two, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to required
courses of school instruction generally; instituting a "celebrate freedom week"; and requiring an in-
depth instruction in the study of the Declaration of Independence and other founding American
historical documents including the Bill of Rights"; to the Committee on Education.
By Delegates Armstead, Palumbo, Calvert, Trump, Cann, Amores and Smirl:
H. B. 3116 - "A Bill to amend and reenact sections one, eleven and thirteen, article five,
chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact section one, article five-a, chapter twenty-one of said code, all relating to
wage payment and collection; requiring the commissioner of the division of labor to provide notice
to employers against whom the commissioner initiates any investigation or action; requiring the
commissioner to conclude actions taken against employers within thirty days; providing that the
commissioner may not randomly investigate an employer more than once per year; and defining, in
the context of wage payment, the term "final payment" and providing that final payment is the lesser
of either retainage under the contract, final installment under the contract, or an amount shown by
the commissioner to be damages"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Staton, Amores, Pino, Kuhn, Cann and
Michael:
H. B. 3117 - "A Bill to amend and reenact section one, article twenty-two of chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; and the further amend
said article by adding thereto a new section, designated section two, all relating to bidding on
government construction contracts; inclusion of certain valid bid bonds; designation of time and
place of opening of certain bids; inability to waive certain bid provisions and requirements; inability
to resubmit certain bids on a project after bid withdrawal"; to the Committee on the Judiciary.
By Delegates Campbell (By Request) and Canterbury (By Request):
H. B. 3118 - "A Bill to amend and reenact section four, article thirteen-a, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing
the salary of public service district board members"; to the Committee on Finance.
By Delegates Michael, Boggs, Leach and H. White:
H. B. 3119 - "A Bill to amend and reenact section two, article twenty-two, chapter thirty-
three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and
reenact section two, article twenty-three of said chapter; to amend and reenact section four, article
twenty-four of said chapter; to amend and reenact section six, article twenty-five of said chapter; to
amend and reenact section twenty-four, article twenty-five-a of said chapter; to amend and reenact
article forty-one of said chapter, all relating to insurance fraud; subjecting farmers' mutual insurance
companies, fraternal benefit societies, certain hospital, medical, dental and health services
corporations, health care corporations, and health maintenance organizations to insurance fraud
provisions; defining terms; establishing an insurance fraud unit within the division of insurance;
authorizing the promulgation of rules and requiring the filing of annual reports; establishing powers
and duties of the unit; outlining investigative powers and procedures; providing confidentiality and immunity of the unit operations; prohibiting insurance fraud; establishing criminal penalties and
fines; authorizing prosecution for fraudulent acts; authorizing special prosecutors; specifying duties
of insurers; authorizing funding by an assessment of insurers; establishing the West Virginia
insurance fraud prevention act; defining legislative intent and terms; creating misdemeanor and
felony offenses for the commission of fraudulent acts; and creating penalties, exceptions and
immunities"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Michael, R. M. Thompson, Cann, H. White and Trump:
H. B. 3120 - "A Bill to amend article seventeen, chapter thirty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section
designated seven-a; and to amend and reenact section two, article six-c, chapter forty-six-a, all
relating to excluding mortgage brokers from the Credit Services Organization Act and establishing
additional consumer protections in the mortgage brokers licensing act"; to the Committee on
Banking and Insurance then the Judiciary.
By Delegates Howard, Carmichael, Hamilton, Perry, Crosier, Craig and Trump:
H. B. 3121 - "A Bill to amend and reenact section seven-a, article eleven-b, chapter sixty-
two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
home incarceration supervisors; and authorizing same to arrest persons who obstruct them in the
performance of their duties"; to the Committee on the Judiciary.
By Delegates Manuel, Caputo, Amores, Doyle, Tabb and Webster:
H. B. 3122 - "A Bill to amend article twenty-two, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section twenty-seven-b, relating to the state lottery act generally; providing for the interception of certain lottery winnings; and providing for the deduction from lottery winnings
certain debts owed to state agencies and victims of crime by lottery winners"; to the Committee on
the Judiciary then Finance.
By Delegates Leach, Kominar, Craig, Hrutkay, Varner, Morgan and Smirl:
H. B. 3123 - "A Bill to amend chapter five-b of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article one-b,
relating to establishing a permanent statewide trail plan coordinator"; to the Committee on
Government Organization.
By Delegates Manuel, Doyle and Tabb:
H. B. 3124 - "A Bill to amend and reenact section eight, article one-d, chapter seventeen-b
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
membership on the motorcycle safety awareness board; providing that nongovernmental members
reside in differing geographical regions of the state"; to the Committee on Government Organization.
By Delegates Overington, Caruth, Sumner, R. M. Thompson, Stalnaker, Calvert and
Evans:
H. B. 3125 - "A Bill to amend article five-a, chapter twenty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section twelve, relating to exempting construction performed on behalf of county and
municipal governments from prevailing wage requirements"; to the Committee on Industry and
Labor, Economic Development and Small Business then the Judiciary.
By Delegates Stalnaker and Amores:
H. B. 3126 - "A Bill to amend and reenact section two, article five, chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to
the institution of proceedings for the involuntary commitment of individuals; and requiring the
supreme court of appeals to prescribe alternative procedures for mental hygiene proceedings"; to the
Committee on the Judiciary.
By Delegates Stemple, Crosier and L. White:
H. B. 3127 - "A Bill to amend and reenact sections two and ten, article twenty, chapter
thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to defining 'arresting agency'; and, providing that the arresting agency shall pay the cost for
the initial twenty-four hours of incarceration for each inmate it arrests who is incarcerated"; to the
Committee on the Judiciary then Finance.
By Delegates Susman, Yeager, Poling, Martin, Ennis, Fleischauer and Perdue:
H. B. 3128 - "A Bill to amend article sixteen, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section,
designated section eighteen, relating to providing insurance coverage for osteoporosis screening and
treatment"; to the Committee on Banking and Insurance then Finance.
By Delegates Webster, Doyle, Manuel, Amores, Brown, Ellem and Kominar:
H. B. 3129 - "A Bill to amend the code of West Virginia, one thousand nine hundred thirty-
one, as amended, by adding thereto a new chapter, designated chapter seventeen-f, relating to racial
profiling data collection; providing a definition of 'minority group'; and requiring attorney general
to conduct analysis of traffic stops and provide an annual report"; to the Committee on the Judiciary.
By Delegate Fleischauer:
H. B. 3130 - "A Bill to amend and reenact section one, article three, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to adoption
generally; and providing an additional requirement that adoptive placement with grandparents be
determined to be in the best interest of the child"; to the Committee on the Judiciary.
By Delegates Kominar, Varner, Williams, Swartzmiller and Stemple:
H. B. 3131 - "A Bill to amend and reenact section fourteen, article one-c, chapter sixty-two
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing
bail bondsmen to deliver offenders to county and regional jails without bailpiece, setting
requirements, and penalties"; to the Committee on the Judiciary.
By Delegates Kuhn and Beane:
H. B. 3132 - "A Bill to amend and reenact sections four and eleven, article one, chapter
forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to weights and measures generally; and requiring retail fuel dispensers to be equipped with
certain filtering system which removes foreign particulates and water"; to the Committee on the
Judiciary.
By Delegates Spencer, Hatfield, Beane and R. Thompson:
H. B. 3133 - "A Bill to amend and reenact section forty-eight, article twenty-four, chapter
eight of the code of West Virginia, one thousand nine hundred thirty-one, 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 Delegate Overington:
H. B. 3134 - "A Bill to amend article two, chapter one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
two-a, relating to requiring that redistricting office of the joint committee on government and finance
plan and propose congressional and legislative districts; providing specific criteria that redistricting
office must observe in proposing district mappings; requiring redistricting office to advertise a
proposed draft map of districts to the public; requiring the redistricting office to recommend
redistricting plan to the Legislature; requiring the full Legislature to vote on plan ratification;
providing for subsequent submissions of plans and vote by Legislature; requiring that commission
certify to secretary of state that its final proposal for district boundaries is in accordance with
constitutional and legal requirements; and prohibiting certain persons from influencing or attempting
to influence district mapping proposals of the redistricting office"; to the Committee on the
Judiciary.
By Delegates Frederick, Long, Kominar and Caruth:
H. B. 3135 - "A Bill to amend and reenact section three, article thirteen-a, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
providing the reduction in the tax rate provided in this section applies to mines operating before the
effective date of the applicable provision"; to the Committee on Finance.
By Delegate Blair:
H. B. 3136 - "A Bill to amend and reenact sections three and six, article seven, chapter
eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to permitting a West Virginia student to receive fifty percent of the cost of tuition at an out-
of-state college or university under a PROMISE scholarship where the course desired by the student
is not offered by any institution in the state"; to the Committee on Education then Finance.
By Delegates Leach, Campbell, Kominar, Morgan, Craig, Smirl and Boggs:
H. B. 3137 - "A Bill to amend chapter five-b of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-e,
relating to implementing a transportation and economic development information system; locating
the system in the Nick J. Rahall, II, Appalachian Transportation Institute; and setting forth a work
plan"; to the Committee on Roads and Transportation then Finance.
By Delegates Azinger and Evans:
H. B. 3138 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article eighteen,
relating to imposing an excise tax on the sale or rental of obscene materials"; to the Committee on
Finance.
By Delegate Perdue:
H. B. 3139 - "A Bill to repeal section twenty-one, article nine, chapter nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections
one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, sixteen and
nineteen, all of said article, all relating to the 'WEST VIRGINIA WORKS Act'; repealing rainy day
fund; amending short title and throughout article; updating legislative findings and purpose; revising
performance measures to be consistent with federal requirements; redefining terms; revising
exemption from work requirement for parents with newborn infants; requiring beneficiaries to
participate in family assessments; providing that personal responsibility contract is defined by time
limits, availability of support services, program work requirements and family assessments; making
the cash incentive for married beneficiaries permissive instead of mandatory; reducing child support pass-through by fifty percent; providing revised sanctions for breach of contract by beneficiary;
providing for reduction of benefits rather than revocation; providing for good cause exceptions to
imposition of sanctions; reducing the period of benefit termination; reducing the period for obtaining
diversionary assistance and revising earned income disregard"; to the Committee on the Judiciary
then Finance.
By Delegates Poling, Boggs, Manuel, Fragale, Yeager, Susman and Romine:
H. B. 3140 - "A Bill to amend and reenact section four, article sixteen, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to increasing the
number of members that constitute the public employees insurance agency finance board to eight
members from six members with four members being appointed by the governor instead of three";
to the Committee on Government Organization.
By Delegate Proudfoot:
H. B. 3141 - "A Bill to amend and reenact section eight, article eleven, chapter twenty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
requiring the contractor licensing board to provide renewal notice to licensees"; to the Committee
on Government Organization then Finance.
By Delegates Schoen, Carmichael and Caputo:
H. B. 3142 - "A Bill to amend article fifteen, chapter seventeen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section nine, relating to making it unlawful to offer for sale or sell products created wholly or in part
by county or regional jail inmates and providing criminal penalty"; to the Committee on the
Judiciary.
By Delegates Spencer, Manuel and Webster:
H. B. 3143 - "A Bill to amend and reenact section two, article twenty-two, chapter sixteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to testing
of newborns for sickle cell disease"; to the Committee on Health and Human Resources then
Finance.
By Delegates Susman, Yeager, Leach, Poling, Boggs, Houston and Mezzatesta:
H. B. 3144 - "A Bill to amend and reenact section twelve, article one, chapter ten of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing for the
appointment of a blind person as an ad hoc nonvoting member of the state library commission to
serve as an advisor to the commission"; to the Committee on Government Organization.
By Delegates Webb, Walters and Armstead:
H. B. 3145 - "A Bill to repeal section ten-c, article twenty-two-a, chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and
reenact sections ten and ten-b of said article, relating to redistribution of a portion of net terminal
income from racetrack video lottery to the workers compensation fund and to the lottery senior
citizens fund"; to the Committee on Finance.
By Delegate Webster:
H. B. 3146 - "A Bill to amend and reenact section twenty-one, article nine, chapter nine of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring
the state department of health and human resources to adopt and implement individual development
accounts using the temporary assistance for needy families fund"; to the Committee on Finance.
By Delegate Webster:
H. B.3147 - "A Bill to amend and reenact section twenty-one, article six, chapter sixty-one
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
prohibiting crimes against a person or his or her property because of a bias against that person;
including disability and sexual orientation to list of persons protected pursuant to this section;
includes actual or perceived in describing persons protected; altering elements of criminal acts;
removing provisions relating to conspiracy; and providing that free speech and expression of
religious beliefs are not subject to the provisions of this section"; to the Committee on the Judiciary.
By Delegate Webster:
H. B. 3148 - "A Bill to amend and reenact sections two, three, four, eight, nine and thirteen,
article eleven, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend and reenact sections three, five, six and seven, article eleven-a of said
chapter, all relating to declaration of policy; definitions; human rights commission continued;
commission powers; unlawful discriminatory practices; exclusiveness of remedy; certain records
exempt; the fair housing act; and prohibiting discrimination based upon sexual orientation in
residential real-estate-related transactions"; to the Committee on the Judiciary.
By Delegate Williams:
H. B. 3149 - "A Bill to amend article two, chapter six-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
one-a; and to amend and reenact section one-a, article five, chapter eighteen, all relating to providing
that county school board members or county school board members-elect, or others desiring to
become members of county boards, may apply for and receive advisory opinions from the West
Virginia commission committee on incompatible public offices; providing, that such persons relying in good faith on advisory opinions have a defense to actions taken against them that claim ethics
violations; providing for reimbursement by county boards of attorneys' fees and other related
expenses incurred by persons who defend themselves against actions claiming ethical violations
when they have relied in good faith on advisory opinions; providing that votes cast by persons
relying on advisory opinions cannot be invalidated; and requiring the West Virginia ethics
commission to create the West Virginia ethics commission committee on incompatible public
offices"; to the Committee on the Judiciary then Finance.
By Delegates Calvert, Amores, Craig and Palumbo:
H. B. 3150 - "A Bill to amend and reenact section one, article twenty-two, chapter five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
section ten, article twenty-two-a of said chapter; to amend and reenact section fourteen, article
eleven-b, chapter seven, of said code; and to amend and reenact section thirty-nine, article two,
chapter thirty-eight of said code, all relating to requirements for performance, payment, bid, and
surety bonds"; to the Committee on the Judiciary.
By Delegate Perdue:
H. B. 3151 - "A Bill to amend and reenact section six, article two, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to establishing
a school of pharmacy at the University of Charleston"; to the Committee on Health and Human
Resources then Finance.
By Delegates R. Thompson, Webster and Hrutkay:
H. B. 3152 - "A Bill to repeal section eighteen, article two, chapter thirty-three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section seventeen of said article, relating generally to the office of consumer advocacy; deleting
language dealing with funding; striking language limiting the authority of the office of consumer
advocacy to health related matters; and authorizing the office of consumer advocacy to coordinate
the consumer service functions within the office of the insurance commissioner"; to the Committee
on Banking and Insurance then Government Organization.
By Delegate Warner:
H. B. 3153 - "A Bill to amend sections two and seven, article seven-b, chapter fifty-five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to medical
professional liability actions, suits and arbitration; defining a board certified physician; and
establishing criteria and limitations on testimony by a physician as to standard of care"; to the
Committee on the Judiciary.
By Delegate Warner:
H. B. 3154 - "A Bill to amend article five, chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section twelve, relating to prohibiting the intentional throwing of objects from a motor vehicle at a
pedestrian or other motor vehicle while traveling on any roadway of this state or any interstate
highway; and providing penalties for violations"; to the Committee on the Judiciary.
By Delegates Amores, Craig, Varner, Armstead, Brown and Kominar:
H. B. 3155 - "A Bill to amend and reenact section ten, article five, chapter twenty-two of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to records,
reports, data or information and the procedural and substantive requirements associated with the
confidentiality of trade secrets"; to the Committee on the Judiciary.
By Delegates Hall and Paxton:
H. B. 3156 - "A Bill to amend article six, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section
twenty-two-b, relating to people with medically restrictive diets; requiring establishments serving
prepared food to the public for consumption to allow people with special dietary restrictions to bring
certain foods with them; and providing for physicians letter and the issuance of a restricted diet
card"; to the Committee on the Judiciary then Finance.
By Delegates Sumner, Sobonya, Wakim, Frich, Howard, Schoen and Ellem:
H. B. 3157 - "A Bill to amend chapter seven of the code of West Virginia, one thousand nine
hundred, thirty-one, as amended, by adding thereto a new article, designated article five-b; to amend
chapter eight of said code by adding thereto a new article, designated article thirteen-c; to amend
article one-c, chapter eleven of said code by adding thereto a new section, designated section one-c;
to amend article five of said chapter by adding thereto a new section, designated section fifteen; to
amend and reenact sections thirteen, fourteen, fifteen, eighteen, nineteen, twenty, twenty-one,
twenty-two and twenty-three of article six of said chapter; to amend article six-d of said chapter by
adding thereto a new section, designated section nine; to amend article six-f of said chapter by
adding thereto a new section, designated section seven; to amend and reenact sections four, five, six,
six-a, six-b, six-c, six-d, six-e, six-f, twelve, twelve-a, thirteen, sixteen, seventeen and twenty-four,
article eight of said chapter; to further amend said article by adding thereto four new sections,
designated section one-a, section two-a, section three-a and section twenty-three-a; to amend and
reenact section two, article nine of said chapter; to amend and reenact section three, article ten of
said chapter; to further amend said article by adding thereto a new section, designated section eleven-b; to amend and reenact sections one, twenty-six and seventy-five of article twelve of said chapter;
to amend and reenact sections two-e and two-o, article thirteen of said chapter; to amend and reenact
sections two, three and twenty-a, article thirteen-a of said chapter; to amend and reenact section
three, article thirteen-b of said chapter; to further amend said article by adding there to a new section,
designated section nineteen; to amend article thirteen-c of said chapter by adding thereto a new
section, designated section seventeen; to amend article thirteen-d of said chapter by adding thereto
a new section, designated section eleven; to amend article thirteen-e of said chapter by adding thereto
a new section, designated section eight; to amend article thirteen-f of said chapter by adding thereto
a new section, designated section six; to amend article thirteen-g of said chapter by adding thereto
a new section, designated section six; to amend article thirteen-j of said chapter by adding thereto
a new section, designated section thirteen; to amend article thirteen-k of said chapter by adding
thereto a new section, designated section seven; to amend article thirteen-n of said chapter by adding
thereto a new section, designated section thirteen; to amend article thirteen-q of said chapter by
adding thereto a new section, designated section twenty-two; to amend article thirteen-r of said
chapter by adding thereto a new section, designated section thirteen; to amend article thirteen-s of
said chapter by adding thereto a new section, designated section eleven; to amend article fifteen of
said chapter by adding thereto a new section, designated section thirty-four; to amend article fifteen-
a of said chapter by adding thereto a new section, designated section thirty; to amend article nineteen
of said chapter by adding thereto a new section, designated section thirteen; to amend article twenty-
one of said chapter by adding thereto two new sections, designated section eight-i and section ninety-
six; to amend article twenty-three of said chapter by adding thereto a new section, designated section
twenty-nine; to amend article twenty-four of said chapter by adding thereto two new sections, designated section twenty-three-h and section forty-three; to amend article twenty-seven of said
chapter by adding thereto a new section, designated section thirty-seven; to further amend said
chapter eleven by adding thereto three new articles, designated article fifteen-c, twenty-one-a and
twenty-eight; and to amend article three of chapter seventeen-a of said code by adding thereto a new
section, designated section four-a, all relating generally to the comprehensive reform of the state's
tax laws; granting county governments more flexibility in raising revenues; granting municipalities
more flexibility in raising revenues; providing for the phase-out of the ad valorem taxation of
tangible personal property; allocating the revenues from the ad valorem taxation of the property
public service businesses exclusively to the state; prospectively terminating the alternate-fuel motor
vehicle tax credit; prospectively terminating the special method for appraising qualified capital
additions to manufacturing facilities; revising the allocation of the authority to lay levies of ad
valorem property taxes; extending the applicability of the tax crimes and penalties act to the general
excise tax, the progressive income tax and the business activities and profits tax; extending the
applicability of the tax procedure and administration act to the general excise tax, the progressive
income tax and the business activities and profits tax; increasing the rate of the tax on corporations
with substantial land holdings and providing a credit against the tax for severance taxes paid;
phasing out the business and occupation tax on the business of gas storage; phasing down the rate
of the business and occupation tax on the business of generating or selling electricity; terminating
the imposition of the tax on certain health care services; phasing out the telecommunications tax;
prospectively terminating the credits for business investment and jobs expansion, industrial
expansion and revitalization, research and development, certain housing development, management
information services facilities, facilities producing coal-based liquids, aerospace facilities, coal loading facilities, reducing electric and natural gas utility rates for low-income customers, reducing
telephone utility rates for low-income residential customers, neighbor investment and agricultural
equipment; prospectively terminating the economic opportunity, strategic research and
manufacturing investment tax credits; preserving the economic benefit of all terminated credits for
taxpayers who gained entitlement to such credits prior to their termination; terminating the
consumers sales and service tax and the use tax; imposing the general excise tax; terminating the soft
drinks tax; terminating the personal income tax; imposing the progressive income tax; terminating
the business franchise tax; terminating the corporation net income tax; phasing out the health care
provider tax; imposing the business activities and profits tax; terminating the motor vehicle title
privilege tax; and providing an effective date of all such enactments based on the voters' ratification
of the Fair Taxation Amendment to the constitution of this state"; to the Committee on Finance.
By Delegates Michael and Mezzatesta:
H. B. 3158 - "A Bill to amend and reenact section five, article sixteen, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to excluding pre-
medicare retirees from a retiree subsidy for health insurance through the public employee insurance
agency"; to the Committee on Finance.
By Delegate Carmichael:
H. B. 3159 - "A Bill to amend and reenact section three, article sixteen, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact
section nine-d, article three, chapter sixty of said code; to amend and reenact section twenty-one,
article three-a of said chapter sixty; and to amend and reenact section four, article eight of said
chapter sixty, all relating to increasing the tax on beer, wine and alcoholic liquors by fifty percent"; to the Committee on Finance.
By Delegates Armstead, Carmichael, Walters, Webb, Calvert, Howard and Hamilton:
H. B. 3160 - "A Bill to amend and reenact section ten, article two, chapter five-a of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting the
appropriation of state funds to promote or advertise legal gaming"; to the Committee on the
Judiciary then Finance.
By Delegates Boggs and Leggett:
H. B. 3161 - "A Bill to amend and reenact sections ten and fourteen, article one, chapter
twenty-four-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all
relating to requirement for basic cable service and penalties imposed on cable television systems for
failure to provide that service"; to the Committee on the Judiciary.
By Delegate Carmichael:
H. B. 3162 - "A Bill to amend and reenact section three, article fifteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
sections three and four, article seventeen of said chapter, all relating to tax; increasing the rate of
tax on cigarettes from seventeen cents to one dollar and seventeen cents; providing for the dedication
of five million dollars of the revenue for the first year to the department of agriculture; and reducing
the rate of tax on food for home consumption from six percent to three percent"; to the Committee
on Health and Human Resources then Finance.
By Delegate Carmichael:
H. B. 3163 - "A Bill to amend and reenact section three, article fifteen, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to elimination of the food sales tax on food not consumed on the premises"; to the Committee on Finance.
By Delegate Carmichael:
H. B. 3164 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article fifteen-c,
relating to a tax exemption on certain sales of clothing"; to the Committee on Finance.
By Delegate Carmichael:
H. B. 3165 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article fifteen-c,
relating to a tax exemption on sales, except for beer, liquors and wines and gasoline and special
fuel"; to the Committee on Finance.
By Delegate Carmichael:
H. B. 3166 - "A Bill to amend and reenact section three, article seventeen, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
increasing the tax on smokeless tobacco products by fifty percent"; to the Committee on Health and
Human Resources then Finance.
By Delegates Ellem, Anderson, Azinger, Border and Beane:
H. B. 3167 - "A Bill to amend and reenact section three, article seven-a, chapter eighteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to state
teachers retirement system; and defining 'average final salary' to include lump sum payments for
accrued leave"; to the Committee on Pensions and Retirement then Finance.
By Delegates Fragale and Iaquinta:
H. B. 3168 - "A Bill to amend and reenact section six, article four, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to young
adult offenders; defining 'felony offense' to include a plea of guilty to a misdemeanor as the result
of bargaining down from a felony charge"; to the Committee on the Judiciary.
By Delegates Kominar, Varner and Swartzmiller:
H. B. 3169 - "A Bill to amend and reenact section eleven, article nine-a, chapter six of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact
section three, article two, chapter six-b of said code, all relating to requiring advisory opinions to be
published and indexed on the internet; maintaining confidentiality"; to the Committee on the
Judiciary.
By Delegate Michael:
H. B. 3170 - "A Bill to amend and reenact section thirty-one, article six, chapter fifty-six of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to changing
the rate of interest due on judgments entered by the judiciary"; to the Committee on the Judiciary.
By Delegate Overington:
H. B. 3171 - "A Bill to amend chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
eleven-d, relating generally to a West Virginia right to work law; making it a crime and an actionable
offense to impose an obligation upon a person, as a condition of his or her employment, to affiliate
with a labor organization and pay dues and other fees to a labor organization; penalties; and
injunctive relief"; to the Committee on Industry and Labor, Economic Development and Small
Business then the Judiciary.
By Delegates Howard, Armstead, Hamilton, Carmichael, Calvert and Louisos:
H. B. 3172 - "A Bill to amend chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-j,
relating to establishing the child internet protection act"; to the Committee on the Judiciary.
By Delegates Staton, R. Thompson, Perdue and Butcher:
H. B. 3173 - "A Bill to amend and reenact section nine, article thirteen-a, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public
utility services; changing the deposit requirement for new applicants of water, sewer, stormwater or
gas services, or any combination thereof, to be paid to public service districts, from fifty dollars to
three twelfths of the average annual usage of the applicants specific customer class; and providing
that unpaid charges for services do not become a lien against the owner of real property when the
property is leased to another unless the owner directly contracted for the services"; to the Committee
on the Judiciary.
By Delegates Frederick, Long, Kominar and Caruth:
H. B. 3174 - "A Bill to amend chapter fifty-five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article, designated article twelve-b,
relating to creating the 'West Virginia Joint Coal Owners Trust and Conservation Act'"; to the
Committee on the Judiciary.
By Delegate Perdue (By Request):
H. B. 3175 - "A Bill to amend and reenact sections eight and eight-a, article four, chapter
eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating
to creating the classification of athletic administrator under the school service personnel
classification system; and providing that the athletic administrator position is pay grade G"; to the Committee on Education then Finance.
By Delegates Stemple, Spencer, Long, H. White and Ashley:
H. B. 3176 - "A Bill to amend and reenact section fifteen, article five, chapter nine of the
code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said
article by adding thereto two new sections, designated sections fifteen-a and fifteen-b, all relating
to selection of prescription drugs for inclusion on the medicaid preferred drug list based on safety,
effectiveness and clinical outcomes; prescription drugs to be dispensed as written; new prescription
drugs to be added to medicaid preferred drug list when commercially available for a period of at least
six months; exemption of certain prescription drugs used for treatment of mental illness, HIV and
AIDS, and exemption of certain medicaid patients from prior authorization requirements incident
to the medicaid preferred drug list; and requiring pharmacists to dispense prescription medications
in accordance with instructions from the prescriber"; to the Committee on Health and Human
Resources then Government Organization.
By Delegates Overington and Trump:
H. B. 3177 - "A Bill to amend and reenact section five, article five-a, chapter twenty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to
establishing prevailing hourly rates to be used in connection with the construction of public
improvements; and providing appeal to county commission"; to the Committee on Industry and
Labor, Economic Development and Small Business then the Judiciary.
By Delegates Overington:
H. B. 3178 - "A Bill to amend and reenact section five, article two, chapter six-b of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, relating to governmental ethics; preventing public officials from buying influence"; to the Committee on the Judiciary.
By Delegates Browning and Staton:
H. B. 3179 - "A Bill to amend and reenact sections one, four and seven, article eight,
chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact sections two and three, article twenty-eight of said chapter, all relating to
extending the compulsory period of school attendance to age eighteen and authorizing alternative
required attendance"; to the Committee on Education.
By Delegates Duke and Blair:
H. B. 3180 - "A Bill to amend and reenact sections two and nine, article eighteen, chapter
seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating
to authorizing counties and municipalities to increase the hotel occupancy tax from three percent to
an amount up to six percent"; to the Committee on Political Subdivisions then Finance.
By Delegates Fleischauer, Perdue, Foster, Hatfield, Susman, Schadler and Brown:
H. B. 3181 - "A Bill to repeal sections eighteen, eighteen-a, and twenty-two, article five,
chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve,
twelve-a, twelve-b, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen-b, nineteen, twenty,
twenty-one, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight,
twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, and thirty-five of said article; to
further amend said article by adding thereto three new sections, designated sections nineteen-a,
thirty-a, and thirty-four-a, all relating to definitions; vital statistics; statewide system; establishment
of section of vital statistics in bureau for public health; rules of state department of health and human resources; appointment of state registrar of vital statistics; duties of state registrar of vital statistics;
enforcement of article; provision of information to local health agencies; offices; delegation;
registration districts; appointment and removal of local registrars, deputy local registrars and
subregistrars; duties of local registrars, deputy registrars, and subregistrars; compensation of local
registrars; payment of fees to local registrars; content of certificates and reports; birth registration
generally; registration of infants and minors with specified birth defects; notation on birth records
of missing children; infants of unknown parentage; foundling registration; delayed registration of
births; judicial procedure to establish facts of birth; certificates of adoption; certificates of birth
following adoption, legitimation, paternity acknowledgment and court determination of paternity;
limitation on use of social security numbers; death registration; delayed registration of death; reports
of fetal death; authorization for disposition and disinterment and reinterment permits; extension of
time for filing certificates of death; correction and amendment of vital records; reproduction and
preservation of records; disclosure of information from vital records or vital reports; copies from the
system of vital statistics; fees for copies and searches; persons required to keep records; duty to
furnish information relative to vital events; matching of birth and death certificates; penalties;
uniform system of registration of marriage, divorce and annulment of marriage; registration of
marriages; registration of divorces and annulments of marriages; applicability to previously received
certificates and reports; and severability"; to the Committee on Government Organization then
Finance.
By Mr. Speaker, Mr. Kiss:
H. B. 3182 - "A Bill to amend and reenact section six, article two, chapter twenty-one-a of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to powers and duties of the of the commissioner of the bureau of employment programs; requiring proposals from
attorneys to be on both an hourly and a contingent fee basis; attorney invoices; limitation on attorney
fees; evidence; notification to employer of audit commencement and results; time limits; limitation
on commissioner where procedure not followed; and providing definition"; to the Committee on
Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Amores, Webb and Faircloth:
H. B. 3183 - "A Bill to amend and reenact section five-b, article six, chapter forty-nine of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to procedures
in child neglect and abuse cases; and clarifying procedures when a child is born to a parent whose
parental rights were previously terminated"; to the Committee on the Judiciary.
By Delegate Warner:
H. B. 3184 - "A Bill to amend article one, chapter sixty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section,
designated section ten, relating to crimes against the government; making it a crime for a person to
fail to appear in court when under a mandate to do so; and specifying criminal penalties"; to the
Committee on the Judiciary.
By Delegate Warner:
H. B. 3185 - "A Bill to amend article thirty-four, chapter eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto four new sections, designated
sections two, three, four and five, all relating to municipal courts; making it a misdemeanor to fail
to appear for court; setting forth criminal penalties; mandatory drivers license reinstatement by
certain municipal courts; penalties imposed on court and court personnel; minimum evidence in certain cases; inspections by department of labor; fees; procedure where certain municipal judges
violate civil rights; clarification of no judicial immunity for certain judges; and penalties for such
violations"; to the Committee on the Judiciary.
By Delegate Warner and Boggs:
H. B. 3186 - "A Bill to amend chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-six, as amended, by adding thereto a new article, designated article twelve-a,
relating to imposing a tax on railroads on fees collected from public and quasi-public utilities; and
specifying effective date"; to the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Education and
reported with the recommendation that it do pass), which was read by its title, as follows:
Delegates Williams, Shaver, Beach, Perry, Tabb, Shelton and Renner:
H. B. 3187 - "A Bill to amend article five, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated
section forty-five-a, relating to authority of the state superintendent to grant certain limited
exemptions to provisions for the scheduling and use of instructional days and times in certain
circumstances; providing for application by county board and purposes; limiting affect; specifying
types of exemptions; and providing for report to oversight commission."
At the respective requests of Delegate Staton, it was taken up for immediate consideration,
read a first time and ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 3187) will be placed on the Consent
Calendar.
On motion for leave, a bill was introduced (Originating in the Committee on Education and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Long, Beach, Paxton, Crosier, Howard, Renner and Hartman:
H. B. 3188 - "A Bill to amend and reenact section eleven, article eight, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to driver's
license privilege; conditions for obtaining license; denial and revocation; and limitation on
reinstatement."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 3188) will be placed on the Consent
Calendar.
Consent Calendar
Third Reading
Com. Sub. for H. B. 2603, Authorizing the department of environmental protection to
promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 87-88), 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: Coleman, Hatfield, Mezzatesta and Webb.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2603) passed.
Delegate Staton moved that the bill (Com. Sub. for H. B. 2603) take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 89), 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: Coleman, Hatfield, Mezzatesta and Webb.
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. 2603) 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
S. B. 163, Continuing driver's licensing advisory board; on second reading, coming up in
regular order, was read a second time and ordered to third reading.
S. B. 282, Continuing division of motor vehicles; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 2282, Relating to payment to magistrates who serve temporarily outside their elected
counties,
H. B. 2505, Allowing municipalities to establish a procedure for run-off elections in cases
of tie votes in municipal elections,
Com. Sub. for H. B. 2712, Including mental health parity applicability to non-employer
groups,
Com. Sub. for H. B. 2835, Creating a special revenue fund for receipt of gifts, donations,
etc. to support the operation of veterans facilities created by statute,
And,
H. B. 2891, Repealing the requirement that the tax commissioner annually report the amount of gasoline and special fuel tax collected in each county.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. B. 182, Meeting federal standards for certain child passenger seats and safety devices,
Com. Sub. for H. B. 2240, Allowing persons purchasing or renewing hunting or fishing
licenses to donate to the "hunters helping the hungry program",
H. B. 2878, Allowing certain municipalities providing advanced life support ambulance
services to examine, train and employ fire medics,
H. B. 3009, Excluding certain records from the freedom of information act that are collected
in the interest of homeland security by governmental bodies,
And
H. B. 3010, Exempting from the governmental meetings act discussions by a governmental
body of certain activities relating to homeland security terrorist threats.
*****
Today being Friday, the House of Delegates proceeded to the consideration of business on
the Local Calendar.
Local Calendar
First Reading
H. B. 3050, Authorizing the county commission of Jefferson County to convey parcel of
county-owned land to the Jefferson County Fairgrounds; on first reading, coming up in regular order,
was read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 90), 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: Coleman, Mezzatesta and Webb.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 91),
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: Coleman, Mezzatesta and Webb.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3050) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
*****
The Local Calendar having been disposed of, the House of Delegates proceeded to the
consideration of business on the Special Calendar.
Special Calendar
Third Reading
S. B. 170, Requiring informed consent for abortion; other provisions; on third reading,
coming up in regular order, with the Committee amendment pending, and with the further right to
amend, was reported by the Clerk.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk,
on page two, following the enacting section, by striking out the remainder of the bill and inserting
in lieu thereof the following:
"ARTICLE 2I. WOMEN'S RIGHT TO KNOW ACT.
§16-2I-1. Definitions.
For the purposes of this article, the words or phrases defined in this section have these
meanings ascribed to them.
(a) 'Abortion' means the use or prescription of any instrument, medicine, drug, or any other
substance or device intentionally to terminate the pregnancy of a female known to be pregnant with
an intention other than to increase the probability of a live birth, to preserve the life or health of the
child after live birth, or to remove a dead embryo or fetus.
(b) 'Attempt to perform an abortion' means an act, or an omission of a statutorily required
act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in
a course of conduct planned to culminate in the performance of an abortion in West Virginia in
violation of this article.
(c) 'Medical emergency' means any condition which, on the basis of a physician's good faith
clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the
immediate termination of her pregnancy to avert her death or for which a delay will create serious
risk of substantial and irreversible impairment of a major bodily function.
(d) 'Physician' means any medical or osteopathic doctor licensed to practice medicine in this
state.
(e) 'Probable gestational age of the embryo or fetus' means what, in the judgment of the
physician, will with reasonable probability be the gestational age of the embryo or fetus at the time
the abortion is planned to be performed.
(f) 'Stable internet website' means a website that, to the extent reasonably practicable, is
safeguarded from having its content altered other than by the department of health and human
resources.
§16-2I-2. Informed consent.
No abortion may be performed in this state except with the voluntary and informed consent
of the female upon whom the abortion is to be performed. Except in the case of a medical
emergency, consent to an abortion is voluntary and informed if and only if:
(a) The female is told the following, by telephone or in person, by the physician or the
licensed health care professional to whom the responsibility has been delegated by the physician who
is to perform the abortion at least twenty-four hours before the abortion:
(1) The particular medical risks associated with the particular abortion procedure to be
employed; including, when medically accurate, the risks of infection, hemorrhage, danger to
subsequent pregnancies, and infertility.
(2) The probable gestational age of the embryo or fetus at the time the abortion is to be
performed; and
(3) The medical risks associated with carrying her child to term.
The information required by this subsection may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to
be provided may be based on facts supplied by the female to the physician or other licensed health
care professional to whom the responsibility has been delegated by the physician and whatever other
relevant information is reasonably available to the physician or other licensed health care
professional to whom the responsibility has been delegated by the physician. It may not be provided
by a tape recording, but must be provided during a consultation in which the physician or licensed
health care professional to whom the responsibility has been delegated by the physician is able to
ask questions of the female and the female is able to ask questions of the physician or the licensed
health care professional to whom the responsibility has been delegated by the physician.
If a physical examination, tests or the availability of other information to the physician or
other licensed health care professional to whom the responsibility has been delegated by the
physician subsequently indicate, in the medical judgment of the physician or the licensed health care
professional to whom the responsibility has been delegated by the physician, a revision of the
information previously supplied to the patient, that revised information may be communicated to the
patient at any time prior to the performance of the abortion procedure.
Nothing in this section may be construed to preclude provision of required information in
a language understood by the patient through a translator.
(b) The female is informed, by telephone or in person, by the physician who is to perform
the abortion, or by an agent of the physician at least twenty-four hours before the abortion procedure:
(1) That medical assistance benefits may be available for prenatal care, childbirth and
neonatal care through governmental or private entities;
(2) That the father, if his identity can be determined, is liable to assist in the support of her child based upon his ability to pay, even in instances in which the father has offered to pay for the
abortion; and
(3) That she has the right to review the printed materials described in section three of this
article, that these materials are available on a state sponsored website and the website address.
The physician or an agent of the physician shall orally inform the female that the materials
have been provided by the state of West Virginia and that they describe the embryo or fetus and list
agencies and entities which offer alternatives to abortion.
If the female chooses to view the materials other than on the website, then they shall either
be provided to her at least twenty-four hours before the abortion or mailed to her at least seventy-two
hours before the abortion by first class mail in an unmarked envelope.
The information required by this subsection may be provided by a tape recording if provision
is made to record or otherwise register specifically whether the female does or does not choose to
have the printed materials given or mailed to her.
(c) The female shall certify in writing, prior to the abortion, that the information described
in subsections (a) and (b) of this section, has been provided to her, and that she has been informed
of her opportunity to review the information referred to in subdivision (3), subsection (b) of this
section.
(d) Prior to performing the abortion procedure, the physician who is to perform the abortion
or the physician's agent shall obtain a copy of the executed certification required by the provisions
of subsection (c) of this section.
§16-2I-3.
Printed information.
(a) Within ninety days of the effective date of this article, the secretary of the department
of health and human resources shall cause to be published, in english and in each language which
is the primary language of two percent or more of the state's population as determined by the most
recent decennial census performed by the U.S. Census Bureau, and shall cause to be available on the
website provided for in section four of this article, the following printed materials in such a way as
to ensure that the information is easily comprehensible:
(1) Geographically indexed materials designed to inform the reader of public and private
agencies and services available to assist a female through pregnancy, upon childbirth, and while the
child is dependent, including adoption agencies, which shall include a comprehensive list of the
agencies available, a description of the services they offer and a description of the manner, including
telephone numbers. At the option of the secretary of health and human resources, a 24-hour a day
telephone number may be established with the number being published in such a way as to maximize
public awareness of its existence which may be called to obtain a list and description of agencies in
the locality of the caller and of the services they offer; and
(2) Materials designed to inform the female of the probable anatomical and physiological
characteristics of the embryo or fetus at two-week gestational increments from the time when a
female can be known to be pregnant to full term, including any relevant information on the
possibility of the embryo or fetus's survival and pictures or drawings representing the development
of an embryo or fetus at two-week gestational increments: Provided, That any such pictures or
drawings must contain the dimensions of the embryo or fetus and must be realistic and appropriate
for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental and designed
to convey only accurate scientific information about the embryo or fetus at the various gestational
ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each procedure, the
possible detrimental psychological effects of abortion and the medical risks commonly associated
with carrying a child to term.
(b) The materials referred to in subsection (a) of this section shall be printed in a typeface
large enough to be clearly legible. The website provided for in section four of this article shall be
maintained at a minimum resolution of seventy dots per inch. All pictures appearing on the website
shall be a minimum of 200x300 pixels. All letters on the website shall be a minimum of eleven-
point font. All information and pictures shall be accessible with an industry standard browser
requiring no additional plug-ins.
(c) The materials required under this section shall be available at no cost from the department
of health and human resources upon request and in appropriate numbers to any person, facility or
hospital.
§16-2I-4. Internet website.
Within ninety days of the effective date of this article, the secretary of the department of
health and human resources shall develop and maintain a stable internet website to provide the
information required to be provided pursuant to the provisions of section three of this article. No
information regarding persons visiting the website may be collected or maintained. The secretary
of the department of health and human resources shall monitor the website on a daily basis to prevent
and correct tampering.
§16-2I-5. Procedure in case of medical emergency.
When a medical emergency compels the performance of an abortion, the physician shall
inform the female, prior to the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or that a 24-hour delay will
create serious risk of substantial and irreversible impairment of a major bodily function.
§16-2I-6. Protection of privacy in court proceedings.
In every civil or criminal proceeding or action brought under this article, the court shall rule
whether the anonymity of any female upon whom an abortion has been performed or attempted shall
be preserved from public disclosure if she does not give her consent to such disclosure. The court,
upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity
should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the
sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent
necessary to safeguard her identity from public disclosure. Each such order shall be accompanied
by specific written findings explaining why the anonymity of the female should be preserved from
public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve
that interest, and why no reasonable less restrictive alternative exists. In the absence of written
consent of the female upon whom an abortion has been performed or attempted, anyone, other than
a public official, who brings an action under section nine of this article shall do so under a
pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses
from the defendant.
§16-2I-7. Reporting requirements.
(a) Within ninety days of the effective date of this article, the secretary of the department of
health and human resources shall prepare a reporting form for physicians containing a reprint of this
article and listing:
(1) The number of females to whom the information described in subsection (a), section two of this article was provided;
(2) The number of females to whom the physician or an agent of the physician provided the
information described in subsection (b), section two of this article;
(3) The number of females who availed themselves of the opportunity to obtain a copy of the
printed information described in section three of this article other than on the website;
(4) The number of abortions performed in cases involving medical emergency; and
(5) The number of abortions performed in cases not involving a medical emergency.
(b) The secretary of the department of health and human resources shall ensure that copies
of the reporting forms described in subsection (a) of this section are provided:
(1) Within one hundred twenty days after the effective date of this article to all physicians
licensed to practice in this state;
(2) To each physician who subsequently becomes newly licensed to practice in this state, at
the same time as official notification to that physician that the physician is so licensed; and
(3) By the first day of December of each year, other than the calendar year in which forms
are distributed in accordance with subdivision (1) of this subsection, to all physicians licensed to
practice in this state.
(c) By the twenty-eighth day of February of each year following a calendar year in any part
of which this act was in effect, each physician who provided, or whose agent provided, information
to one or more females in accordance with section two of this article during the previous calendar
year shall submit to the secretary of the department of health and human resources a copy of the form
described in subsection (a) of this section, with the requested data entered accurately and completely.
(d) Reports that are not submitted by the end of a grace period of thirty days following the due date are subject to a late fee of five hundred dollars for each additional thirty day period or
portion of a thirty day period they are overdue. Any physician required to report in accordance with
this section who has not submitted a report, or has submitted only an incomplete report, more than
one year following the due date, may, in an action brought by the secretary of the department of
health and human resources, be directed by a court of competent jurisdiction to submit a complete
report within a period stated by court order or be subject to sanctions for civil contempt.
(e) By the first day of August of each year, the secretary of the department of health and
human resources shall issue a public report providing statistics for the previous calendar year
compiled from all of the reports covering that year submitted in accordance with this section for each
of the items listed in subsection (a) of this section. Each report shall also provide the statistics for
all previous calendar years, adjusted to reflect any additional information from late or corrected
reports. The secretary of the department of health and human resources shall prevent any of the
information from being included in the public reports that could reasonably lead to the identification
of any physician who performed or treated an abortion, or any female who has had an abortion, in
accordance with subsection (a), (b) or (c) of this section.
(f) The secretary of the department of health and human resources may propose rules for
legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this
code which alter the dates established by subdivision (3), subsection (b), or subsection (c) or (e) of
this section, or consolidate the forms or reports described in this section with other forms or reports
to achieve administrative convenience or fiscal savings or to reduce the burden of reporting
requirements, so long as reporting forms are sent to all licensed physicians in the state at least once
every year and the report described in subsection (e) of this section is issued at least once every year.
§16-2I-8. Administrative remedies.
(a) Any person or entity may make a complaint to the licensing board, if any, of a person
whose conduct is regulated by the provisions of this article and may charge such person with a
violation of this article.
(b) Any physician or agent thereof who wilfully violates the provisions of this article is
subject to sanctions by the licensing board governing his or her profession. For the first violation,
the licensing board shall issue a written reprimand to the violator. For the second violation, the
licensing board shall revoke the violator's license.
(c) No penalty or civil liability may be assessed for failure to comply with paragraph three
of subsection (b) of section two or that portion of subsection (c) of section two requiring a written
certification that the female has been informed of her opportunity to review the information referred
to in paragraph three of subsection (b) of section two unless the department of health and human
resources has made the printed materials available at the time the physician or the licensed health
care professional to whom the responsibility has been delegated by the physician is required to
inform the female of her right to review them.
§16-2I-9. Civil remedies.
Any person upon whom an abortion has been attempted or performed without section two
of this article having been complied with may maintain an action against the person who attempted
to perform or did perform the abortion with a knowing or consciously, subjectively and deliberately
formed intention to violate this article for compensatory damages. If the person upon whom an
abortion has been attempted or performed without section two of this article having been complied
with is a minor, the legal guardian of the minor may maintain an action against the person who attempted to perform or did perform the abortion with a knowing or consciously, subjectively and
deliberately formed intention to violate this article for compensatory damages.
§16-2I-10. Severability.
If any one or more provision, section, subsection, sentence, clause, phrase or word of this
article or the application thereof to any person or circumstance is found to be unconstitutional, the
same is hereby declared to be severable and the balance of this article shall remain effective
notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed
this article, and each provision, section, subsection, sentence, clause, phrase or word thereof,
irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase,
or word be declared unconstitutional."
* * * * * * * * * * *
On motion of Delegates Warner and Armstead, the Committee amendment was amended on
page eleven, section seven, line eighteen, after the period, by inserting the following: "Any
information that could reasonably lead to the identification of any physician who performed or
treated an abortion, or any female who has had an abortion, in accordance with subsection (a), (b)
or (c) of this section, is exempt from disclosure under the freedom of information act, article one,
chapter twenty-nine-b of this code."
* * * * * * * * * * *
Delegate Amores, Fleischauer, Palumbo, Webster, Manuel, Foster and Brown moved to
amend the Committee amendment on page twelve, section eight, line five, by striking out all of
section eight and inserting in lieu thereof the following:
"§16-2I-8. Evaluation and investigation of complaints.
The West Virginia board of medicine or the West Virginia board of osteopathy, as the case
may be, shall evaluate all information coming to its attention by complaint or from other sources
alleging a violation of this article by a physician. If the information alleges facts that, if true, would
constitute a violation of this article, the appropriate board shall docket a complaint and conduct an
investigation. The board of medicine or the board of osteopathy shall also conduct an investigation
and initiate disciplinary proceedings based on information received from peer review committees,
physicians, hospital administrators, professional societies and others. The board of medicine or the
board of osteopathy may initiate investigations on its own. Investigations and disciplinary
proceedings shall be conducted in accordance with the provisions of section fourteen, article three
or section twelve-a, article fourteen, chapter thirty of this code."
On the adoption of the amendment to the Committee amendment, Delegate Foster demanded
the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 92), and there were--yeas
29, nays 69, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Amores, Beach, Brown, Browning, Campbell, Caputo, Doyle, Fleischauer, Foster, Hatfield,
Houston, Hrutkay, Kuhn, Leach, Long, Mahan, Manuel, Martin, Mezzatesta, Michael, Morgan,
Palumbo, Perdue, Poling, Spencer, Staton, Tabb, Talbott and Webster.
Absent And Not Voting: Coleman and Webb.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment to the Committee amendment was not adopted.
Delegates Amores, Fleischauer, Palumbo, Webster Manuel and Brown moved to amend the
Committee amendment on page twelve, after line twenty-five, by adding a new section nine, to read as follows:
"§16-2I-9. Exemption from disclosure under provisions of freedom of information act.
Information contained in the records and reports required by the provisions of this article is
information of a personal nature as that term is used in subdivision (2), section four, article one,
chapter twenty-nine-b of this code, and is specifically exempt from disclosure under the provisions
of said article one."
And,
By renumbering the remaining sections.
Delegate Fleischauer then asked and obtained unanimous consent that the foregoing
amendment be withdrawn.
* * * * * * * * * * *
Delegates Amores, Fleischauer, Palumbo, Webster, Manuel, Foster and Brown then moved
to amend the Committee amendment on page thirteen, section nine, line one, by striking out all of
section nine and renumbering the following sections.
On the adoption of the amendment to the Committee amendment, Delegate Fleischauer
demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 93), and there were--yeas
23, nays 75, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Amores, Beach, Brown, Caputo, Doyle, Fleischauer, Foster, Hartman, Hatfield, Hrutkay,
Kuhn, Leach, Long, Manuel, Martin, Mezzatesta, Morgan, Palumbo, Poling, Spencer, Staton, Talbott
and Webster.
Absent And Not Voting: Coleman and Webb.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment to the Committee amendment was not adopted.
* * * * * * * * * * *
Delegates Webster, Amores, Fleischauer and Brown moved to amend the Committee
amendment on page eight, line ten, following the section heading, by striking out all of section six
and inserting in lieu thereof the following:
"In any civil proceeding alleging a violation of this article, the identity of the female who
alleges that an abortion has been attempted or performed and the identity of the physician or health
care practitioner who allegedly performed or attempted to perform or assisted with an abortion shall
be preserved from public disclosure unless consent is given to the disclosure, provided that this
section may not be construed to conceal the identity of the plaintiff or of witnesses from the
defendant."
On the adoption of the amendment to the amendment, Delegate Webster demanded the yeas
and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 94), and there were--yeas
28, nays 69, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Mr. Speaker, Mr. Kiss, Amores, Beach, Brown, Browning, Campbell, Caputo, Doyle,
Fleischauer, Foster, Hartman, Hatfield, Houston, Hrutkay, Kuhn, Leach, Long, Mahan, Manuel,
Martin, Mezzatesta, Michael, Palumbo, Poling, Spencer, Staton, Talbott and Webster.
Absent And Not Voting: Coleman, Morgan and Webb.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment to the Committee amendment was not adopted.
* * * * * * * * * * *
The question before the House now being the adoption of the Committee amendment, as
amended, the same was put and prevailed.
Com. Sub. for S. B. 170 was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 95),
and there were--yeas 82, nays 15, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Amores, Brown, Doyle, Fleischauer, Foster, Hatfield, Hrutkay, Leach, Manuel,
Mezzatesta, Palumbo, Poling, Spencer, Talbott and Webster.
Absent And Not Voting: Coleman, Morgan and Webb.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 170) passed.
On motion of Delegate Warner, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 170 - "A Bill to amend chapter sixteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article
two-i, relating to creating a Women's Right to Know Act; requiring informed consent for an abortion
to be performed; requiring certain information to be supplied to women considering abortion;
establishing minimum waiting period for abortions after having been supplied information;
exception for a medical emergency; requiring physicians to report abortion statistics; requiring the
secretary of the department of health and human resources to publish information and develop a
website on alternatives to abortion; protecting privacy in court proceedings; exempting certain
information from disclosure under the freedom of information act; administrative remedies; civil remedies; and penalties."
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. 2749, Allowing for reciprocal licensing of physical therapists from
other states and countries; on third reading, coming up in regular order, was, on motion of Delegates
Staton, laid over one day.
H. B. 2823, Modifying delinquent real and personal property collection and purchase
requirements; on third reading, coming up in regular order, was, on motion of Delegates Staton, laid
over one day.
H. B. 2984, Increasing the amount of service credit a teacher off work due to a compensable
injury may purchase; 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. 96),
and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Mezzatesta.
Absent And Not Voting: Coleman, Morgan, Swartzmiller, Webb and White, G.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2984) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 97), and there were--yeas 93, nays
1, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Mezzatesta.
Absent And Not Voting: Coleman, Morgan, Pino, Swartzmiller, Webb and White, G.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2984) 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
S. B. 205, Modifying criminal intent for animal cruelty crimes; fines; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page three, section twelve, line six, following the word
"knowingly", by striking out the word "or" and inserting in lieu thereof the word "and".
And,
On page three, section twelve, beginning on line twenty-two, following the word "reptile",
by changing the period to a comma, and reinstating the stricken language to read as follows: "but
in no case can recovery be had in excess of the assessed value of such dog, cat, animal or reptile."
Delegate DeLong requested that the Journal record him as voting "Nay" on the adoption of
the foregoing amendment.
The bill was then ordered to 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:
S. B. 165, Continuing commission for national and community service
S. B. 416, Continuing massage therapy licensure board
S. B. 418, Continuing investment management board
H. B. 2696, Removing certain limitations on the commissioner of agriculture to increase fees
of certain services
H. B. 2847, Making the law-enforcement agency that places a person under arrest responsible
for that person's initial transportation to a regional or county jail,
And,
Com. Sub. for H. B. 2902, Relating to confidentiality and disclosure of information set forth
in oil and gas combined reporting form
Leaves of Absences
At the request of Delegate Staton, and by unanimous consent, leaves of absence were granted
Delegates Coleman and Webb.
Delegate Brown asked and obtained unanimous consent that the remarks of Delegate
Talbott, regarding Com. Sub. for S. B. 170, be printed in the Appendix to the Journal.
At 12:37 p. m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Monday, February 24, 2003.