__________*__________
Thursday
,
March 3, 2005
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, March 3, 2005, 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.
Committee Reports
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2729, Health and Human Resources, Department of, Methods and Standards for
Chemical Test for Intoxication,
And,
H. B. 2730, Health and Human Resources, Department of, Grade "A" Pasteurized Milk,
And reports the same back, by unanimous vote of the Committee, 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. 2729 and H. B. 2730)
were each referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2607, Expanding newborn screening by adding sickle cell anemia and adrenal
hyperplasia,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
With the recommendation that the bill do pass, and with the recommendation that second
reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference to the bill (H. B. 2607) to the Committee on Finance
was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2607) will be placed on the Consent
Calendar.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2548, The Diabetes Care Plan Act,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on
Education.
In accordance with the former direction of the Speaker, the bill (H. B. 2548) was referred to
the Committee on Education.
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the
following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 122, Allowing certain state-chartered banks to organize as limited liability companies,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 122) was referred to
the Committee on the Judiciary.
Chairman Ron Thompson, 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. 2570, Requiring banking institutions to post bond or other security for the deposit of
county, municipal or county board of education funds,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2570) was referred to
the Committee on the Judiciary.
Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2064, Allowing municipal police and fire pension plans to use the actuarial
examination by the State in lieu of obtaining its own actuary,
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. 2064) was referred to
the Committee on Finance.
Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2501, Providing for the termination of the agency, Jobs for West Virginia's Graduates,
from the Public Employees Retirement System,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2501 - "A Bill to amend and reenact §5-10-18 of the Code of West
Virginia, 1931, as amended, relating to providing for the termination of membership in the Public Employees Retirement System of Jobs for West Virginia's Graduates; providing for withdrawal from
system without forfeiture of service credit; specifying time periods; requiring pension plan in lieu
of public employees retirement system; notice; and option,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference to the bill (Com. Sub. for H. B. 2501) to the Committee
on the Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2501) will be placed on the
Consent Calendar.
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. 2632, Relating to the filing of insurance rates and forms,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2632) was referred to
the Committee on the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2452, Relating to county commission approval for certain municipal annexation,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2452) was referred to
the Committee on the Judiciary.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2802, Updating provisions pertaining to commercial driver's licenses to conform with
federal law,
H. B. 2684, Highways, Division of, Traffic and Safety,
And,
H. B. 2685, Highways, Division of, Transportation of Hazardous Wastes Upon the Roads
and Highways,
And reports the same back, by unanimous vote of the Committee, 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. 2802, H. B. 2684 and
H. B. 2685) were referred to the Committee on the Judiciary.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2497, Providing that a truck with four axles in combination with a trailer with two axles is limited to a max gross weight of eighty thousand pounds with a tolerance of ten percent,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, and with the recommendation that second reference
of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2497) to the Committee on the
Judiciary was abrogated.
Chairman Cann, from the Committee on Industry and Labor and Economic Development and
Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor and Economic Development and Small Business has
had under consideration:
H. B. 2510, Allowing public sector moneys to be used to satisfy the matching requirements
of the workforce initiative in certain circumstances,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2510) to the Committee on Finance
was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2510) will be placed on the Consent
Calendar.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2357, Providing person not guilty of trespassing for hunting with dogs on lands of
another,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2357) was referred to
the Committee on the Judiciary.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2368, Increasing the veterinary fee for each cat and dog vaccinated for rabies,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2368) to the Committee on Finance
was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2368) will be placed on the Consent
Calendar.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2663, Relating to digging, growing, collecting, gathering, possessing and selling
ginseng,
And reports back a committee substitute therefor with the same title as follows:
Com. Sub. for H. B. 2663 - "A Bill to amend and reenact §19-1A-3 and §19-1A-3a of the
Code of West Virginia, 1931, as amended, all relating to digging, growing, collecting, gathering,
possessing and selling ginseng; defining certain terms; authorizing Division of Forestry to regulate
ginseng; providing rule-making authority; establishing ginseng harvest seasons; requiring permits
to grow or dig ginseng, or to act as dealer; providing exceptions to the permit requirement; setting
forth other permit requirements; requiring records be kept; authorizing certain inspections; requiring
ginseng to be certified; providing for denial, suspension or revocation of permit; and establishing
civil and criminal penalties,"
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. 2663) to the Committee
on the Judiciary 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. 2428, Providing that magistrate court may be temporarily held in various locations
throughout the county,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2428) 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. 2487, Relating to exempting one motor vehicle owned by a resident of this state on
active duty in the United States Military from ad valorem taxes for any taxable year the person is in
the military,
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. 2487) was referred to
the Committee on Finance.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a communication from the Executive Compensation
Commission, submitting its report as required by chapter five-f, article one, section three-a of the
Code of West Virginia.
Which communication and report were received on March 2, 2005, and filed with the Clerk.
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. 198 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §29-3-16c, relating to establishing safety standards for bed and breakfast
establishments; providing findings relating to the need for special fire code standards for bed and
breakfasts; defining the term 'bed and breakfast establishment'; providing exemption from certain
fire code standards; establishing fire safety standards for bed and breakfasts; prohibiting municipal
and local governments from adopting stricter standards; authorizing the Fire Commission to
promulgate rules; authorizing variance from certain requirements; and authorizing Division of
Culture and History to provide recommendations regarding historical preservation of structures";
which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegates Boggs, Brown, Browning, Craig, Louisos, Morgan, Stemple, Swartzmiller,
Armstead, Blair, Duke, Overington and Walters offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 26 - "Requesting the Joint Committee on Government and Finance to study post-
construction stormwater runof."
Whereas, West Virginia residents and businesses have been damaged by repeated flooding
in all parts of the state; and
Whereas, The nearly constant rebuilding of West Virginia communities after flooding has
a large impact on the West Virginia economy; and
Whereas, Land development projects affect the local watersheds and increase stormwater runoff rates, which cause flooding, stream channel erosion, sedimentation problems, and increased
water-bourne pollutants; and
Whereas, Stormwater runoff, soil erosion and nonpoint source pollution can be controlled
through the regulation of stormwater runoff from development sites; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to
study post-construction stormwater runoff; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Frich, Marshall, Duke, Sobonya, Tansill, Doyle and Howard:
H. J. R. 10 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section 13, article VI thereof, relating to eligibility for election to the Legislature;
numbering and designating such proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the
Judiciary.
Delegate Poling offered the following resolution, which was read by the Clerk as follows:
H. R. 21 - "Commemorating the life of Harold W. Shaffer husband, friend, benefactor,
school teacher, U.S. Army Veteran and dedicated public servant."
Whereas, Harold W. Shaffer was born May 28, 1907, at Parsons, the son of the late Harry
S. and Stella Shaffer; and
Whereas, Harold W. Shaffer received an undergraduate degree and Master's degree from
Fairmont College and West Virginia University, respectively; and
Whereas, Harold W. Shaffer served honorably in the United States Army during World War
Two and after being honorably discharged, served in the West Virginia House of Delegates; and
Whereas, Harold W. Shaffer's primary vocation in life during his working years was that
of high school teacher at Parsons High School, a role he served with distinction, while sponsoring
the National Honor Society and Hi-Y Clubs at Parsons High School; and
Whereas, Harold W. Shaffer and his wife Ruth, lived most of their lives in Phillipi, West
Virginia, a community that embodied a local heritage they revered - to the extent they felt compelled
to "give something back to", acting as cobenefactors, donating the interest income from personal
savings accounts to local organizations; and
Whereas, Harold W. Shaffer and his wife, Ruth, created a substantial endowment, known
as the Community Foundation, a donor advised fund, directing that specific portions of its income
be distributed among certain worthy organizations that benefit the community; and
Whereas, Among the organizations that Harold and his wife supported, with their kind and
civic benevolence were the Barbour and Tucker County Libraries, the 4-H, The Adaland Mansion
(a local site on the National Register), the Barbour County Senior Citizens and, the Phillipi
Volunteer Fire Department - among others; and
Whereas, Harold W. Shaffer, departed this earth, leaving his beloved wife, Ruth, a widow,
on January 23rd of this year; therefore, be it
Resolved by the House of Delegates:
That while regret is hereby expressed by the members at the passing of this benevolent and
upright citizen, the members also rejoice in his life; a life which enthusiastically served people,
community and country; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to prepare a
copy of this Resolution for Ruth Shaffer, widow of the deceased, and for the Barbour County Senior
Center, located in Phillipi.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 21) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Delegates Brown, Mahan, Poling, Susman, Hatfield, Marshall, Leach, Webster, Longstreth,
Hrutkay, Rowan, Sumner, Stevens, Schoen, Spencer, Sobonya, Houston and Frich offered the
following resolution, which was read by the Clerk as follows:
H. R. 22 - "Designating March 3, 2005, as 'Women's Day' in West Virginia."
Whereas, Women comprise fifty two percent of the population of the state of West Virginia;
and
Whereas, The state is thankful and proud of the accomplishments and achievements of West
Virginia's women; and
Whereas, Women in their roles as workers, leaders, mothers, friends, caretakers, daughters,
activists, politicians, sisters and wives make enormous contributions to their families and local communities while also contributing to the general well-being and betterment of the state as a whole;
and
Whereas, The women of West Virginia are gathered today at the Legislature to celebrate
their achievements and to draw additional attention to the continued need for work on equity issues
such as workplace equity, legal equity and social equity; therefore, be it
Resolved by the West Virginia House of Delegates:
That March 3, 2005, is hereby declared as Women's Day in West Virginia and all citizens
are urged to celebrate the enormous contributions of women to the success of the state; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the West Virginia Women's Commission.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 22) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss, and Delegates Swartzmiller, Kominar, Caputo, G. White,
Michael and Amores:
H. B. 2848 - "A Bill to amend and reenact §29-22-18 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new article, designated §29-22C-1, §29-
22C-2, §29-22C-3, §29-22C-4, §29-22C-5, §29-22C-6, §29-22C-7, §29-22C-8, §29-22C-9,
§29-22C-10, §29-22C-11, §29-22C-12, §29-22C-13, §29-22C-14, §29-22C-15, §29-22C-16, §29-22C-17, §29-22C-18, §29-22C-19, §29-22C-20, §29-22C-21, §29-22C-22, §29-22C-23, §29-22C-
24, §29-22C-25, §29-22C-26, §29-22C-27, §29-22C-28, §29-22C-29, §29-22C-30, §29-22C-31,
§29-22C-32, §29-22C-33 and §29-22C-34, all relating generally to authorizing table games at
licensed horse and dog racetracks and providing generally therefore; providing for legislative
findings and intent; requiring local option elections to approve licensure of authorized table games
at racetrack facilities; defining certain terms; providing for duties and powers and administrative
expenses of the State Lottery State Lottery; appointment of lottery commission staff; adoption and
proposal of rules; providing generally for licenses to engage in activities related to operation of
authorized table games at racetrack facilities; qualifications for applicant for license to operate
authorized table games at a racetrack facility; floor plan requirements; coordination of licensed
activities; license application requirements; racetrack table games licensee qualifications; license
fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment, sale or
pledge as collateral; audits and reports of licensee; duties of racetrack table games licensees;
requirements for supplier licensees; requirements for license for employees of operator of racetrack
with authorized table games; prohibition of false statements on application for license; grounds for
denial, revocation or suspension of license; hearing procedures; expiration and renewal of licenses;
renewal fees; information included on license; display and availability of license; notice of change
of address; promulgation of legislative and emergency rules; commission approval of table games
rules of play; determination of betting limits, operations and services by racetrack licensee; posting
of betting limits; standards for offering complimentary goods and services; contract agreements and
cost for law-enforcement services; warrantless searches of person and property; imposing privilege
tax on adjusted gross receipts of racetrack with authorized table games; providing generally for filing and payment of taxes; creating state racetrack table games fund; distribution of amounts in fund;
prohibited wagers and other activities; prohibiting wagers by certain persons; establishing criminal
offenses and penalties; forfeiture of certain property; providing civil penalties; preemption of certain
local laws and rules; and exemption from certain federal laws relating to shipment of gambling
devices and severability"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Houston, Beach, Marshall, G. White
and Frich:
H. B. 2849 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §24-2-4e; and to amend and reenact §46-9-109 of said code, all
relating generally to the financing of environmental control activities by certain qualified electric
utilities through the issuance of environmental control bonds"; to the Committee on Finance.
By Delegates Perdue, Barker, Talbott, Amores and Eldridge:
H. B. 2850 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3 and §17A-13-4, all relating to
regulating the use of automobile Event Data Recorders, commonly known as 'black boxes'"; to the
Committee on the Judiciary.
Delegates Frich, Tansill, Lane and Frederick:
H. B. 2851 - "A Bill to amend and reenact §33-11-3 of the Code of West Virginia, 1931, as
amended, relating to barring third-party claims against insurers for violation of the Unfair Trade
Practices Act"; to the Committee on Banking and Insurance then the Judiciary.
Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2852 - "A Bill to repeal §5-16-7b of the Code of West Virginia, 1931, as amended;
to repeal §5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6, §5-16C-7, §5-16C-8,
§5-16C-9, §5-16C-10 of said code; to repeal §5A-3-1a of said code; to repeal §5A-3C-1, §5A-3C-2,
§5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10,
§5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17 of said
code; to amend said code by adding thereto a new article designated §5-16D-1, §5-16D-2, §5-16D-3,
§5-16D-4, §5-16D-5, §5-16D-6, §5-16D-7, §5-16D-8, §5-16D-9, §5-16D-10, §5-16D-11,
§5-16D-12, §5-16D-13, §5-16D-14, §5-16D-15, §5-16D-16, §5-16D-17, §5-16D-18, §5-16D-19,
§5-16D-20, §5-16D-21, §5-16D-22, §5-16D-23, §5-16D-24, §5-16D-25, §5-16D-26, §5-16D-27,
§5-16D-28, §5-16D-29 and §5-16D-30; to amend and reenact §5F-2-2 of said code; and to amend
and reenact §29-22-18a of said code, all relating generally to the creation of the Office of the
Pharmaceutical Advocate; legislative findings; defining terms; powers and duties of the Office of
the Pharmaceutical Advocate; creation of the cabinet level position of the Pharmaceutical Advocate;
qualifications and salary of the Pharmaceutical Advocate; powers and duties of the Pharmaceutical
Advocate; creation of the Pharmaceutical Advisory Council; qualifications of Council members;
powers and duties of the Council; reporting requirements of the Council, the Pharmaceutical
Advocate and the Office of the Pharmaceutical Advocate; transferring powers and duties of the West
Virginia Public Employees Insurance Act to negotiate for and purchase pharmaceuticals to the
Pharmaceutical Advocate; repealing the prescription drug costs management act; transfer of the
powers and duties to negotiate and execute prescription drug purchasing agreements to the
Pharmaceutical Advocate; transfer of the powers and duties to negotiate and execute pharmacy
benefit management contracts to the Pharmaceutical Advocate; exempting the Pharmaceutical Advocate from state purchasing requirements; authority to investigate the feasibility of purchasing
Canadian drugs; authority to investigate multi-state discussion groups and agreements; transfer of
the clearinghouse program to the Pharmaceutical Advocate; transfer of the pharmaceutical discount
program to the Pharmaceutical Advocate; authorizing the Pharmaceutical Advocate to take
advantage of act of congress, accept gifts, grants and matching funds; continuing agency
management ability until the Office of the Pharmaceutical Advocate is operational; prohibiting
restraint of trade; providing civil and criminal penalties for restraint of trade; reporting of advertising
costs to the Pharmaceutical Advocate; state role and responsibilities; participation by all state
agencies who are payors for prescription drugs; authority for the Pharmaceutical Advocate to
investigate participation in a preferred drug list by private individuals, commercial insurance carriers
and self-insured companies; rule-making authority; identifying potential use of savings; sunset
provisions; severability provision; repeal of the pharmaceutical availability and affordability act;
transfer of the powers and duties of the West Virginia Pharmaceutical Cost Management Council
to the Office of the Pharmaceutical Advocate; providing authority for the secretary of each
department to cooperate with the Office of the Pharmaceutical Advocate in the purchase of
prescription drugs; and elimination of requirement that the Governor focus resources on creation of
a prescription drug program from the State Lottery Act"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Kominar, Mahan, Varner, Barker
and Moore:
H. B. 2853 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17-2D-1, §17-2D-2, §17-2D-3 and §17-2D-4, all relating to the
West Virginia Courtesy Patrol; providing a purpose; addressing the operation and scope of the courtesy patrol program; and, providing education services to courtesy patrol participants after
program enrollment"; to the Committee on Roads and Transportation then Finance.
By Delegates Frich, Tansill, Marshall, Trump and Houston:
H. B. 2854 - "A Bill to amend and reenact §8-21-3 of the Code of West Virginia, 1931, as
amended, relating to municipalities generally; and removing the limitation on the number of
members a municipality may appoint to a Board of Park and Recreation Commission"; to the
Committee on Political Subdivisions then the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 2855 - "A Bill to amend and reenact §18A-4-7b of the Code of West Virginia, 1931,
as amended, relating to placing a limit of ten years on the amount of time that a teacher who returns
to work after terminating employment may retain his or her accrued seniority"; to the Committee on
Education then Finance.
By Delegates Armstead, Border, Frich, Howard and Blair:
H. B. 2856 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-10-32, relating to crimes against public policy generally;
prohibiting human and embryonic cloning; and prescribing criminal penalties for violations of the
section"; to the Committee on the Judiciary.
By Delegate Wakim:
H. B. 2857 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2I-11, relating to making it a misdemeanor to violate the
informed consent requirements for an abortion; and providing criminal penalties for violation"; to
the Committee on Health and Human Resources then the Judiciary.
By Delegate Evans:
H. B. 2858 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2I-11, relating to providing that health facilities that provide
abortions shall not only be fined for violating explicit provisions of law, but also for taking any other
actions which are not in accordance with the best practices of care as determined by the Department
of Health and Human Resources"; to the Committee on Health and Human Resources then the
Judiciary.
By Delegate Poling:
H. B. 2859 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-7-13, relating to overtime and holiday pay for classified
employees; and providing for additional payment for weekend and holiday work"; to the Committee
on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss:
H. B. 2860 - "A Bill to amend and reenact §11-10A-19 of the Code of West Virginia, 1931,
as amended, relating to direct appeals to the West Virginia Office of Tax Appeals"; to the
Committee on the Judiciary.
By Delegate Blair:
H. B. 2861 - "A Bill to amend and reenact §24-2-1 of the code of West Virginia, 1931, as
amended; to amend and reenact §24A-1-2; to amend and reenact §24A-2-3 of said code; and to
amend and reenact §24A-6-3 of said code, all relating to removing the authority of the Public Service
Commission to regulate a common or contract carrier by motor vehicle of property and of passengers
by taxicab for hire"; to the Committee on the Judiciary.
By Delegate Proudfoot (By Request):
H. B. 2862 - "A Bill to amend and reenact §19-20-1, §19-20-2, §19-20-5 and §19-20-11 of
the Code of West Virginia, 1931, as amended, all relating to allowing counties to tax cats in the same
manner as dogs"; to the Committee on the Judiciary then Finance.
By Delegate Poling:
H. B. 2863 - "A Bill to amend and reenact §33-20-3 of the Code of West Virginia, 1931, as
amended, relating to prohibiting the use of credit scoring as a consideration in calculating insurance
rates in homeowners or automobile liability policies"; to the Committee on Banking and Insurance
then the Judiciary.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2174, Developing a procedure to notify licensed professionals who are
mandated to report child abuse and neglect of the disposition of the investigation into the report,
And,
Com. Sub. for H. B. 2456, Ratifying the federal National Crime Prevention and Privacy
Compact.
On the passage of the bills, the yeas and nays were taken (Roll No. 70), and there were--yeas
95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Carmichael, Ferrell, Mahan, Moore and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for H. B. 2174 and Com. Sub. for H. B. 2456) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on Consent Calendar bills and request concurrence therein.
Second Reading
Com. Sub. for H. B. 2471, Establishing a financial responsibility program for inmates; on
second reading, coming up in regular order, was read a second time.
On motion of Delegate Amores, the bill was amended on page four, line thirty-one, following
the word "subsection", by striking out the comma and inserting the following:"c, section four
hundred six, article fourteen, chapter forty-eight of this code".
The bill was then ordered to engrossment and third reading.
The following bills, on second reading, coming up in regular order, were read a second time
and ordered to engrossment and third reading:
Com. Sub. for H. B. 2476, Relating generally to parole and parole proceedings,
H. B. 2482, Relating to including jails within the context of certain criminal acts by
incarcerated persons,
H. B. 2483, Repeal the section of the West Virginia Code relating to escape of convicts and
rewards,
And,
H. B. 2495, Repeal the requirement that jails be inspected by appointees of the Circuit
Courts.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2244, Making the state's criminal and penalty laws applying to the use and display of
beer and alcoholic beverages in motor vehicles conform to federal law ,
H. B. 2350, Relating to conditions for awarding teaching certificates,
Com. Sub. for H. B. 2466, Eliminate provisions which created unlawful classifications
based on race and to update obsolete provisions,
H. B. 2484, Relating to notification of parole hearings,
H. B. 2599, Permitting attorneys to act as surety on a fiduciary bond if they are not
representing a participant in the estate or trust,
And,
H. B. 2846, Continuation of the Real Estate Appraiser Licensing and Certification Board.
House Calendar
Unfinished Business
H. R. 17, Amending the Rules of the House of Delegates, relating to agreeing to Senate
Amendments; on unfinished business, coming up in regular order, was, on motion of Delegate
Staton, recommitted to the Committee on Rules.
Third Reading
S. B. 269, Supplementing, amending, reducing and increasing items of existing
appropriations from State Road Fund to Department of Transportation, Division of Highways,
Delegate Browning requested to be excused from voting on the passage of S. B. 269 under
the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
On the passage of the bill, the yeas and nays were taken (Roll No. 73), and there were--yeas
95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Carmichael, Ferrell, Mahan, Poling and Swartzmiller.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 269) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 74), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Carmichael, Ferrell, Mahan, Poling and Swartzmiller.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 269) 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.
Com. Sub. for H. B. 2189, Authorizing law-enforcement officers to deputize police in other
states; coming up in regular order, as unfinished business, was, on motion of Delegate Staton, laid
over one day.
H. B. 2478, Relating to removing the prohibition against brewers of nonintoxicating beer
requiring distributors to submit certain financial documents; on third reading coming up, in regular
order, was reported by the Clerk.
Delegate Louisos asked and obtained unanimous consent to permit the offering and
consideration of an amendment on third reading.
Delegate Louisos then offered the following amendment, on page one, following the enacting
clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 16. NONINTOXICATING BEER.
§1.Repeal of section relating to requirements as to franchise agreements between brewers
and distributors.
§11-16-21 of the Code of West Virginia, 1931, as amended, is hereby repealed."
The question before the House being the amendment offered by Delegate Louisos, the same
was put and did not prevail.
Having been engrossed, the bill was then read a third time.
Delegate Wakim requested to be excused from voting on the passage of H. B. 2478 under
the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 75),
and there were--yeas 94, nays 1, absent and not voting 5, with the absent and not voting being as
follows:
NAYS: Louisos
Absent And Not Voting: Carmichael, Ferrell, Mahan, Poling and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2478) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2823, Supplemental appropriation to the Department of Transportation, Division of
Highways; on third reading, coming up in regular order, was, on motion of Delegate Staton, the bill
was laid upon the table.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Carmichael, Ferrell, Mahan and Swartzmiller.
At 12:25 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00
a.m., Friday, March 4, 2005.