__________*__________
Friday, March 18, 2005
The House of Delegates met at 10:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, March 17, 2005, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At 10:07 a.m., on motion of Delegate Staton, the House of Delegates recessed for five
minutes, and reconvened at that time.
Reordering of the Calendar
Delegate Staton announced that the Committee on Rules had transferred H. B. 3001
on
second reading, House Calendar to the Special Calendar.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. C. R. 38, Requesting the executive departments to establish a coordinated succession
planning process which includes providing opportunities to correct the system-wide gender pay
disparity among state employees,
And,
H. C. R. 44, Requesting the Joint Committee on Government and Finance study alternatives
to out-of -state placement of children committed to the care of the State of West Virginia,
And reports the same back with the recommendation that they each be adopted.
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. 2371, Authorizing collaborative pharmacy practice agreements between pharmacists
and physicians and specify requirements for the agreements,
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. 2371) was 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. 2885, Relating to tuberculosis testing, control, treatment and commitment,
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. 2885) 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. 2885) 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. 2381, Authorizing patients or residents of certain health care facilities or homes to
designate nonrelatives to receive the same visitation privileges as immediate family members,
And,
H. B. 2111, Allowing emergency medical personnel the right to practice according to their
practice act in any setting,
And reports the same back with amendment, with the recommendation that they each do pass,
as amended, 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. 2381 and H. B. 2111)
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. 2809, Prohibiting public contracts with vendors unless they can demonstrate that they
offer health care insurance to their employees and pay at least 75% of the cost of such insurance
coverage,
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
Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2809) was referred to
the Committee on Government Organization.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2736, Information Service and Communications, Telecommunications Payments by
Spending Units,
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. 2736) was referred to
the Committee on the Judiciary.
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. 2937, Relating to the replacement of individual life, insurance policies and annuity contracts,
And,
H. B. 2878, Relating to allowing the fraud unit to investigate the forgery of insurance
documents,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that they each do pass, as amended, 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. 2937 and H. B. 2878)
was referred to the Committee on the Judiciary.
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. 2973, Allowing broker/dealers, in addition to banks, to act as custodians of insurance
company securities,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2973 -"A Bill to repeal §33-8A-8 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §33-8A-2 and §33-8A-3 of said code, all relating to the use
of clearing corporations and federal reserve book-entry system by insurance companies; defining
terms; allowing broker-dealers to act as custodian of insurance company assets; establishing
eligibility standards for broker-dealers to act as custodians; eliminating references to foreign deposit
requirements; and repealing the internal effective date",
And,
H. B. 2789, Relating to the assessment date for bank holding companies,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2789 - "A Bill to amend and reenact §31A-8A-8 of the Code of West
Virginia, 1931, as amended, relating to the assessment date for bank holding companies,"
With the recommendations that the committee substitutes each do pass, and with the
recommendation that second reference of the bills to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bills (Com. Sub. for H. B. 2973 and Com. Sub.
for H. B. 2789) to the Committee on the Judiciary was abrogated.
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. 2973 and Com. Sub. for H.
B. 2789) will be placed on the Consent Calendar.
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. 229, Relating to reports of financial institutions to Division of Banking,
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
the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 229) to the Committee on the Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (S. B. 229) 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. 2727, Hatfield-McCoy Regional Recreational Authority, Rules for Use of Facilities,
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. 2727) was referred to
the Committee on the Judiciary.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2977, Relating to authorizing school level implementation of student uniform policies.
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. 2977) was referred to
the Committee on the Judiciary.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2603, Relating to reimbursement of tuition, registration and other required fees for
course work completed by teacher.
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. 2603) was referred to
the Committee on Finance.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2012, Providing a salary supplement for providers of medicaid eligible services in the
public schools.
And reports the same back, with amendment, with the recommendation that 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. 2012) was referred to
the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Education and
reported, by unanimous vote of the Committee, with the recommendation that it do pass, but that it
first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegates Williams, Sumner, Stephens, Stevens, Eldridge, Spencer, Canterbury,
Wysong, Paxton, Lane, and Tansill:
H. B. 3107 -"A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-2K-5; and to
further amend said code by adding thereto a new section, designated §18-9A-4a, all relating to
improving health care in the public schools; requiring the State Board of Education to adopt and
disseminate guidelines for the development and implementation of individual diabetes care plans;
requiring local boards of education to implement these guidelines; providing an allowance for
student health services; making findings and stating intent of section; excepting allowance from state
aid personnel ratios; and specifying amount, eligibility determination and recipient counties."
In the absence of objection, the Speaker referred the bill (H. B. 3107) to the Committee on
Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Education and
reported, by unanimous vote of the Committee, with the recommendation that it do pass, but that it
first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegate Williams, Tabb, Eldridge, Crosier, Roberts, Fragale, Perry, Campbell,
Wysong, Leggett and Stephens:
H. B. 3108 -"A Bill to amend and reenact §18-2-26 of the code of West Virginia, 1931, as
amended, relating to increasing focus of regional educational service agencies on school
improvement; providing direct role for state superintendent in agency formation, oversight,
employment, and school improvement functions; removing requirements for state board rule;
providing for regional councils and their members and functions; and changing reporting
requirements."
In the absence of objection, the Speaker referred the bill (H. B. 3108) 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. 2117, Increasing the title examination costs charged by the clerk of the county
commission to redeem real estate,
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. 2914, Restricting actions against doctors who are board certified in reproductive
endocrinology and infertility for in vitro fertilization attempts that fail to result in a live birth,
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. 2914) 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. 2911, Removing limitations upon the acreage of lands that may be held by the trustee
or trustees of any church, parish or branch of religious sect, society or denomination within this state,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2911 - "A Bill to amend and reenact §35-1-1, §35-1-4, §35-1-7, and
§35-1-8, all relating to lands held by any individual church, parish, congregation or branch of any
religious sect, society or denomination within this state; removing acreage limitations; providing
procedures for limiting and assessing tax-exempt status,"
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. 2911) 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. 2522, Relating to creating and licensing mini-distilleries,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2522 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §60-1-5b; to amend and reenact §60-4-2, §60-4-3 and
§60-4-15 of said code; to amend said code by adding thereto a new section, designated §60-4-3a; and
to amend and reenact §60-6-1 and §60-6-2 of said code, all relating to creating and licensing
mini-distilleries; allowing the tasting and limited retail sales of liquor produced by a mini-distillery
at the licensed premise; establishing requirements and limitations for licensees for sales and free
samples of liquor products; requiring a portion of all retail sales to be distributed to certain retailers; and establishing a licensure fee,"
With the recommendation that the committee substitute 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. 2966, Creating a statewide thoroughbred breeders program,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2966 - "A Bill to amend and reenact §19-23-3, §19-23-9, §19-23-12b,
§19-23-12c, §19-23-13b and §19-23-13c of the Code of West Virginia, 1931, as amended; and to
amend and reenact §29-22A-10 and §29-22A-10b of said code, all relating to amending certain
provisions of the code involving horse and dog racing and distribution of certain proceeds; providing
a special fund, to be established by the Racing Commission, to be used for the payment of breeders
awards, restrictive races and stakes purses; amending the definition of 'fund'; deleting obsolete
provisions; providing the Racing Commission deposit funds required to be withheld from an
association or licensee, for purposes of retirement withholdings for employees of racing associations
or licensees, into the 'West Virginia Thoroughbred Fund'; deleting the stated objective for the fund
to aid in the rejuvenation and development of horse tracks in the state for capital improvements, etc.;
providing that the Commission establish funds and accounts for each association and licensee rather
than holding funds in deposit in one fund; deleting current provisions concerning the distribution of
balances remaining in breeders/raisers, sire owners and purse supplement funds; clarifying the
meaning of the phrase "sufficient horses" for purposes of pari-mutuel thoroughbred horse tracks'
provision of restricted races; providing that the "twenty percent larger" requirement for purses in restricted races is only applicable to thoroughbred racetracks that have participated in the West
Virginia Thoroughbred Development Fund for more than four consecutive years; providing the
Racing Commission may transfer funds back to the general purse fund if less than seventy-five
percent of the restricted races fail to receive enough entries to race; deleting the provision that
prohibits associations and licensees who qualify for alternate tax provisions contained in subsection
(b), section ten, article twenty-three, chapter nineteen from eligibility for treatment under the
provisions of section thirteen-b, article twenty-three, chapter nineteen; providing that on January
first, two thousand six, licensed racing associations must have a West Virginia Thoroughbred Racing
Breeders Program; providing under provisions relating to the expenditure of racetrack video lottery
funds, that the next two hundred thousand dollars deposited into the West Virginia Racing
Commission Racetrack Video Lottery Account shall be used for promotional activities and purses
for open stake races for the West Virginia Derby which is held at a racetrack that did not participate
in the West Virginia Breeders Classic - rather than the current statutory language which designates
nonparticipation in the West Virginia Thoroughbred Development Fund; substituting the breeders
classic for the Thoroughbred Development Fund; and, deleting provisions relating to a racetrack
which does not have a breeder's program, supported by the Thoroughbred Development Fund or
Greyhound Breeding Development Fund, that requires the one and one-half percent of terminal net
income designated for the West Virginia Thoroughbred Development Fund to be diverted to the
special Fund established by the licensee and used for payment of regular purses,"
With the recommendation that the committee substitute do pass.
On motions for leave, bills were introduced (Originating in the Committee on Finance and
reported unanimously with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates Michael, White, H., Kominar, Stalnaker, Boggs, Thompson, Proudfoot,
Palumbo, White, G., Anderson, Border and Wakim:
H. B. 3104 - "A Bill to amend and reenact §5A-7-4a of the code of West Virginia, 1931, as
amended, relating to the payment of telecommunications charges; authorizing the director to review
and reject telecommunications charges under certain circumstances and authorizing emergency rules
in certain circumstances,"
By Delegates Michael, Boggs, Cann, Kominar, Stalnaker, Proudfoot, Thompson,
Frederick, Palumbo, White, H. and Susman:
H. B. 3105 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-3-21, relating to creating a special revenue fund for the
provision of occupational safety and health initiatives,"
And,
By Delegates Michael, Stalnaker, Thompson, White, G., White, H., Border, Wakim,
Hall, Anderson, Cann and Susman:
H. B. 3106 - "A Bill to amend and reenact §5-16-18 of the Code of West Virginia, 1931, as
amended, relating to the ability of the public employees insurance agency to participate in the
investment pools of the investment management board."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 3104, H. B. 3105 and H. B. 3106) will be
placed on the Consent Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 121 -
"A Bill to amend and reenact §20-2-30a of the Code of West
Virginia, 1931, as amended, relating to renewing a hunting license and/or stamp without the actual
certificate of training document"; which was referred to the Committee on Agriculture and Natural
Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 159 - "
A Bill to repeal §8-8-1,§8-8-2, §8-8-3, §8-8-4,
§8-8-5, §8-8-6,
§8-8-7, §8-8-8, §8-8-9, §8-8-10, §8-8-11, §8-8-12, §8-8-13, §8-8-14, §8-8-15, §8-8-16, §8-8-17 and
§8-8-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto
a new chapter, designated §7A-1-1, §7A-1-2, §7A-1-3, §7A-1-4, §7A-2-1, §7A-2-2, §7A-2-3, §7A-
2-4, §7A-3-1, §7A-3-2, §7A-3-3, §7A-3-4, §7A-3-5, §7A-3-6, §7A-3-7, §7A-4-1, §7A-4-2, §7A-4-3,
§7A-5-1, §7A-5-2, §7A-5-3, §7A-5-4, §7A-5-5, §7A-5-6, §7A-5-7, §7A-6-1, §7A-6-2, §7A-6-3,
§7A-6-4, §7A-6-5, §7A-6-6, §7A-6-7, §7A-7-1, §7A-7-2, §7A-7-3, §7A-7-4, §7A-7-5, §7A-7-6,
§7A-7-7, §7A-7-8, §7A-7-9 and §7A-8-1, all relating to creating the Consolidated Local Government
Act; stating legislative findings and definitions; authorizing municipal consolidation, county
consolidation, metro consolidation and metro-metro consolidation; establishing powers to be
construed broadly; stating local consolidated government to be treated like municipality in municipal
consolidation, county in county consolidation and municipality and county in metro consolidation; addressing jurisdiction and limitations of consolidated local governments; commencing
consolidation by petition from voters or resolution by governing bodies; creating charter review
committees; stating powers of charter review committees; allowing reimbursement of expenses for
committee members; submitting charter review committee budget to governing bodies; studying
consolidation; addressing territory, fiscal impact, name, seat, representation, governing body,
effective date, transition of service and dissolution in charter review committee; drafting proposed
charter; providing multiple public hearings; approving proposed charter and submitting proposed
charter to governing bodies to hold elections; providing election by voters of each affected local
government for municipal consolidation, county consolidation, metro consolidation and metro-metro
consolidation; permitting reconsideration of second proposed charter if first is defeated; leaving
municipalities incorporated in metro consolidation; disallowing new consolidation effort for two
years after defeat; allowing subsequent joining of local governments to consolidated local
government; describing metro-metro consolidation; and permitting charter to be amended"; 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. 166 - "A Bill authorizing the Department of Administration to sell 2.25 acres of land,
together with the improvements thereon, situate at Crites, on Buffalo Creek, in Triadelphia tax
district, Logan County
"; which was referred to the Committee on
Political Subdivisions then the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 262 - "
A Bill to amend and reenact §15-2A-2, §15-2A-5, §15-2A-6, §15-2A-7, §15-2A-
8, §15-2A-9, §15-2A-10, §15-2A-11, §15-2A-12, §15-2A-13, §15-2A-14 and §15-2A-19 of the Code
of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections,
designated §15-2A-11a, §15-2A-11b and §15-2A-21, all relating to amending definitions; acquiring
retirement credited service through member's use of accrued annual or sick leave days; establishing
starting date for payment of annuity; clarifying disability provisions; and technical corrections";
which was referred to the Committee on
Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 264 - "A Bill to amend and reenact §18-7B-2, §18-7B-7, §18-7B-9, §18-7B-11, §18-
7B-12a and §18-7B-16 of the Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §18-7B-20, all relating to amending certain definitions;
clarifying participation requirement; providing employer deadlines for deposit of contributions;
establishing when payments are to be made into and out of the suspension account; adding the
Internal Revenue Service provisions concerning incidental death benefits; clarifying that all years
of employee service will be counted for vesting purposes; prohibiting involuntary cash-outs effective
the thirtieth day of June, two thousand five; and technical corrections
"; which was referred to the
Committee on
Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 425 - A Bill to amend and reenact §7-14D-5, §7-14D-7 and §7-14D-13 of the Code of
West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System; concurrent
contributions by members and employers; credit for nondeputy sheriff service in the Public
Employees Retirement System prior to transfer; and treatment of withdrawals not repaid prior to
transfer"; which was referred to the Committee on
Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 476 -
"A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as
amended, relating to use of red-colored artificial light when hunting coyotes."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 476) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 522 - "A Bill extending the time for the city council of Hurricane to meet as a levying
body for the purpose of presenting to the voters of the city an election to continue an additional city
levy to maintain the present salaries of all employees of the paid service existing police department
and fire-fighting equipment and to purchase additional fire-fighting and police equipment where necessary from between the seventh and twenty-eighth days of March and the third Tuesday in April
until the thirty-first day of May, two thousand five"; to the Committee on Political Subdivisions and
then the Judiciary.
Petitions
Delegate Brown presented a petition, signed by one thousand three hundred six residents
of the State, in support of a statewide referendum to allow all registered voters to decide whether or
not to legalize table games; which was referred to the Committee on the Judiciary.
Petitions were received from various county boards of education, all in support of salary
increases for professional educators and school service personnel and were presented and referred
to the Committee on Finance as follows:
Delegate Border for Wirt County Board of Education
Delegate Evans for Grant County Board of Education
Delegate DeLong for Hancock County Board of Education
Delegate Boggs for Braxton County Board of Education
Delegate Williams for Preston County Board of Education
Delegate Leggett for Pleasants County Board of Education
Delegates Morgan, Sobonya, Craig, Stephens and Howard for Cabell County Board of
Education
Delegates Porter, Frederick and Long for Mercer County Board of Education
Delegates Tabb, Wysong and Doyle for Jefferson County Board of Education
Delegates Longstreth, Caputo and Manchin for Marion County Board of Education
Delegates Stevens for Tucker County Board of Education
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss, and Delegate Browning:
H. B. 3092 - "A Bill to amend and reenact §20-14-2 of the Code of West Virginia, 1931, as
amended, relating to adding the counties of Mercer and Raleigh as participating members of the
Hatfield-McCoy Regional Recreational Authority"; to the Committee on Political Subdivisions then
the Judiciary.
By Delegate Craig:
H. B. 3093 - "A Bill to amend and reenact §18-7B-7 of the code of West Virginia, 1931 as
amended, relating to membership in the teachers' defined contribution plan; clarifying that all new
employees are members as a condition of employment; providing for the termination of membership
of River Valley Child Development Services, Inc.; providing for withdrawal from system without
forfeiture; specifying time periods; requiring pension plan in lieu of teachers' defined contribution
plan; notice; and option"; to the Committee on Pensions and Retirement then Finance.
By Delegates Staton, Mahan, Brown, Webster and Amores:
H. B. 3094 - "A Bill to repeal §48-14-419 of the code of West Virginia, 1931, as amended;
to repeal §48-16-308 of said code; to repeal §48-18-109 and §48-18-127 of said code; to amend and
reenact §48-17-101 of said code; to amend and reenact §48-18-103, §48-18-108, §48-18-112, §48-
18-113, §48-18-117, §48-18-118, §48-18-119, §48-18-121 of said code; and to amend and reenact
§48-19-102 said code, all relating to child support enforcement; repealing authority of the West
Virginia Support Enforcement Commission to promulgate rules; repealing certain duties of the commission; repealing authority of Bureau of Child Support Enforcement to contract for certain
services; repealing authority of commission to adopt form to identify support payments; increasing
the number of members on the Commission; altering the organization of certain Bureau employees;
removing commission authority to promulgate fee rules; authorizing the Commissioner of the
Bureau of Child Support Enforcement to cooperate with other states in the enforcement of child
support; moving certain rulemaking authority from the Commission to the Commissioner; removing
commission authority to require certain bonding requirements of Bureau employees; moving
authority from Commission to the Commissioner relating to collecting child support from state and
federal taxes; revising requirements relating to withholding child support payments from the Bureau
of Employment Programs; and removing geographic delineations for certain Bureau attorneys"; to
the Committee on the Judiciary.
By Delegates Caputo, Pino, Doyle, Frederick, Leggett, Moore and Romine:
H. B. 3095 - "A Bill to repeal §46-1-109, §46-1-207 and §46-1-208 of the code of West
Virginia, 1931, as amended; to repeal §46-2-208 of said code; to repeal §46-2A-207 of said code;
to amend and reenact §46-1-101, §46-1-102, §46-1-103, §46-1-104, §46-1-105, §46-1-106, §46-1-
107 and §46-1-108; to amend and reenact §46-1-201, §46-1-202, §46-1-203, §46-1-204, §46-1-205
and §46-1-106; to amend said code by adding thereto ten new sections, designated §46-1-301, §46-1-
302, §46-1-303, §46-1-304, §46-1-305, §46-1-306, §46-1-307, §46-1-308, §46-1-309 and §46-1-310;
to amend and reenact §46-2-103 and §46-2-202; to amend and reenact §46-2A-103, §46-2A-501,
§46-2A-518, §46-2A-519, §46-2A-527 and §46-2A-528; to amend and reenact §46-3-103; to amend
and reenact §46-4-104; to amend and reenact §46-4A-105, §46-4A-106 and §46-4A-204; to amend
and reenact §46-5-103; to amend and reenact §46-8-102; and to amend and reenact §46-9-102, all relating to revising the uniform commercial code, article one; and conforming amendments to other
articles"; to the Committee on the Judiciary.
By Delegates Caputo, Pino, Doyle, Frederick, Leggett, Moore and Romine:
H. B. 3096 - "A Bill to amend and reenact §46-1-201 of the code of West Virginia, 1931, as
amended; to amend and reenact §46-2-103, §46-2-104, §46-2-310, §46-2-323, §46-2-401, §46-2-
503, §46-2-505, §46-2-506, §46-2-509, §46-2-605 and §46-2-705 of said code; to amend and reenact
§46-2A-103, §46-2A-514 and §46-2A-526 of said code; to amend and reenact §46-4-104 and §46-4-
210 of said code; to amend and reenact §46-7-101, §46-7-102, §46-7-103, §46-7-104, §46-7-105,
§46-7-201, §46-7-202, §46-7-203, §46-7-204, §46-7-205, §46-7-206, §46-7-207, §46-7-208, §46-7-
209, §46-7-210, §46-7-301, §46-7-302, §46-7-303, §46-7-304, §46-7-305, §46-7-306, §46-7-307,
§46-7-308, §46-7-309, §46-7-401, §46-7-402, §46-7-403, §46-7-404, §46-7-501, §46-7-502, §46-7-
503, §46-7-504, §46-7-505, §46-7-506, §46-7-507, §46-7-508, §46-7-509, §46-7-601, §46-7-602
and §46-7-603 of said code; to amend and reenact §46-8-103 of said code; to amend said code by
adding thereto new sections, designated §46-7-106, §46-7-306, §46-7-307, §46-7-308, §46-7-309,
§46-7-701 and §46-7-702; and to amend and reenact §46-9-102, §46-9-203, §46-9-207, §46-9-208,
§46-9-301, §46-9-310, §46-9-312, §46-9-313,46-9-314, §46-9-317, §46-9-338 and §46-9-601 of said
code, all relating to the uniform commercial code documents of title"; to the Committee on the
Judiciary.
By Delegates Staton, Perdue and Hatfield:
H. B. 3097 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-3-59, relating to criminal offenses involving the sale of yo-yo
waterball toys"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Staton, Amores, Spencer, Schadler and
Hamilton:
H. B. 3098 - "A Bill to amend and reenact §61-8D-1 and §61-8D-5 of the code of West
Virginia, 1931, as amended, relating to sexual crimes committed against children; defining position
of trust in relation to a child victim; expanding the existing felony offense of sexual exploitation or
sexual abuse of a child under article eight-d of chapter sixty-one of the code to include offenses by
persons who hold who a position of trust or authority in relation to a child; establishing related
criminal penalties"; to the Committee on the Judiciary.
By Delegate Stalnaker:
H. B. 3099 - "A Bill to amend and reenact §18-7A-3, §18-7A-14, §18-7A-17, §18-7A-23a,
§18-7A-25, §18-7A-26 and §18-7A-34 of the Code of West Virginia, 1931, as amended, all relating
to amending, adding and alphabetizing the definitions; providing, for the use of qualified military
service; providing, that for deceased retired participants interest is included in the calculation of
terminal benefits payable; clarifying provisions for loan repayment; replacing earnable compensation
with gross salary; clarifying maximum loan amount and technical corrections"; to the Committee
on Pensions and Retirement then Finance.
By Delegate Stalnaker:
H. B. 3100 - "A Bill to amend and reenact §15-2-26, §15-2-27, §15-2-27a, §15-2-28, §15-2-
29, §15-2-30, §15-2-31, §15-2-32, §15-2-33, §15-2-34 and §15-2-37 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto three new sections, designated §15-2-
25b, §15-2-31a and §15-2-31b, all relating to the West Virginia State Police Death, Disability and
Retirement Fund generally; adding general definitions; adding definitions of 'law-enforcement officer,' 'partially disabled,' 'totally disabled,' and 'physical or mental impairment'; making
technical changes; providing for probable permanent disability status; specifying that total disability
is inability to perform any substantial gainful employment and that partial disability is inability to
perform law-enforcement duties; specifying limitation on compensation rendered to health care
providers; providing that member receiving annuity for partial disability incurred in performance of
duty may be employed as an elected sheriff or appointed chief of police if it is shown to the Board
that such employment is not inconsistent with the partial disability; allowing application for
disability to be made by person acting on member's behalf; allowing Superintendent to petition
Board for member's disability when he or she deems the member disabled; authorizing rules; judicial
review; allowing board to withhold payment pending judicial review; requiring disability recipient
to file annual statement of earnings and setting forth penalty for refusal or failure to do so; and
annual report of employer's disability retirement experience"; to the Committee on Pensions and
Retirement then Finance.
By Delegates Amores and Staton:
H. B. 3101 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated section §18-11-27; and to amend and reenact §61-7-4 of said code,
all relating to the creation and term of the West Virginia University rifle team special revenue fund;
collection and deposits of monies into the fund; and authorization of expenditures"; to the
Committee on Education then Finance.
By Delegate Talbott:
H. B. 3102 - "A Bill to amend and reenact §19-20-12 of the code of West Virginia, 1931, as
amended, relating to prohibiting a person not the owner of a registered dog from removing tags, collars or apparel from a registered dog without the permission of the owner, and creating penalties";
to the Committee on Agriculture and Natural Resources and then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Trump, Campbell, Williams, Poling,
Browning, Rick Thompson, DeLong, Duke, Leggett and G. White:
H. B. 3103 - "A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as
amended, relating to providing teachers with a fifteen percent salary increase over the next three
years; providing the first year, the salary increase is four percent, the second - five percent, and the
third - six percent"; to the Committee on Education then Finance.
Consent Calendar
Third Reading
H. B. 3046, Continuation of the Board of Veterinary Medicine; 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. 131), 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: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and
Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3046) passed.
Delegate Staton moved that the bill (H. B. 3046) take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 133), 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: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3046) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bill and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 2783, Authorizing the Director of the Division of Rehabilitation Services to allow
youth or other civic groups to use rehabilitation facilities and to charge a reasonable rent therefor,
H. B. 2837, Prescribing personal finance instruction in secondary schools by the State Board
of Education,
Com. Sub. for H. B. 2936 , Relating to regulation of advertising by dentists,
And,
H. B. 3018, Relating to designation of Mountaineer Challenge Academy as a special
alternative education program.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2619, Providing that moneys from revenues allocated to volunteer and
part volunteer fire companies and departments may be expended for the payment of dues to national,
state and county associations,
Com. Sub. for H. B. 2626, Providing that active military personnel stationed in this state
need not obtain a hunting, fishing or trapping permit,
And,
H. B. 2874, Relating to the use of red colored artificial light when hunting coyotes.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed
with him for the removal of bills from the Consent Calendar to the House Calendar:
H. B. 2874, on first reading, Consent Calendar, to the House Calendar, by Delegate Stemple.
Special Calendar
Unfinished Business
S. C. R. 15, Requesting Division of Highways name bridge on Turnpike at Sharon "Tony
DeRaimo Memorial Bridge"; coming up in regular order, as unfinished business, was reported by
the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
H. C. R. 16, Naming the section of West Virginia Route 16 from the intersection of West
Virginia Route 16 and West Virginia Route 5, North to the Ritchie County line the "Sheriff Park
D. Richards Memorial Highway"; coming up in regular order, as unfinished business, was reported
by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. C. R. 18, Requesting Division of Highways name bridge on Route 73, between Fairmont
and Boothsville in Marion County, "Andrew G. and Carmen L. Hauge Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
H. C. R. 23, Requesting the Division of Highways to rename State Route 16/46 in Calhoun
County, the "Alan B. Mollohan Road"; coming up in regular order, as unfinished business, was
reported by the Clerk and adopted.
Delegates Duke, Lane, Schoen, Sobonya, Stevens and Sumner requested that the Clerk record
them as voting "Nay" on the adoption of the resolution.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 24, Recognizing Bluefield State College for its selection as the Tom Joyner
Foundation's national "Historically Black College of the Month" for May 2005; coming up in regular
order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Today being Friday, the House of Delegates proceeded to the consideration of business on
the Local Calendar.
Local Calendar
First Reading
S. B. 411, Extending time for county commission of Tyler County to meet as levying body;
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. 134), and there were--yeas 93, nays
1, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and
Tucker.
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 third reading.
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. 135),
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: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and
Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 411) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 136), 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: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and
Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 411) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
The Local Calendar having been disposed of, the House of Delegates proceeded to
consideration of business on the Special Calendar.
Special Calendar
Third Reading
S. B. 153 - Relating generally to ethical standards of public officers and employees; 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. 137),
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: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and
Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 153) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 138), 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: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and
Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 153) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 413, Relating generally to financially related activities of state-chartered banking
institutions; 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. 139),
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: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and
Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 413) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
S. B. 413 -"A Bill to amend and reenact §31A-3-2 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §31A-8C-1, §31A-8C-2, §31A-8C-3 and §31A-8C-5 of said
code, all relating generally to financially-related activities of State-chartered Banking Institutions;
reorganizing the approval process for engaging in financially-related activities; clarifying the
definition of financially-related activities; creating a notice and approval process to engage in
financially-related activities; requiring annual reporting to the legislature; allowing banks to make
equity investments in entities providing financially-related activities on the same terms as national
banks; and restating the purpose and interpretation of the article."
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. 2775, Equalizing the interest rate for prejudgment and post-judgment
awards on third reading, coming up in regular order, was, on motion of Delegate Staton laid over one
day.
Second Reading
H. B. 3001 - "Supplementary appropriation to the governor's office, and the department of
administration, office of the secretary; on second reading, coming up in regular order, was read a
second time.
On motion of Delegate Michael, the bill was amended on page two, following the enacting
clause, by inserting the following:
"That the total appropriation for fiscal year ending the thirtieth day of June, two thousand
five, to fund 0165, fiscal year 2005, organization 2100, be supplemented and amended by increasing
and adding a new item of appropriation to the total appropriation as follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from general revenue.
LEGISLATIVE
1-Senate
Fund 0165 FY 2005 Org 2100
General
Act-Revenue
ivityFund
12a Technology
12b Improvements - Surplus(R)725$120,000
Any unexpended balances remaining in the appropriation for technology improvements -
surplus (fund 0165, activity 725) at the close of the fiscal year 2005 is hereby reappropriated for
expenditure during the fiscal year 2006.
That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand
five, to fund 0170, fiscal year 2005, organization 2200, be supplemented and amended by increasing
and adding a new item of appropriation to the total appropriation as follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from general revenue.
LEGISLATIVE
2-House of Delegates
Fund 0170 FY 2005 Org 2200
General
Act-Revenue
ivityFund
6a Technology
6b Improvements - Surplus(R)725$240,000
Any unexpended balance remaining in the appropriation for technology improvements -
surplus (fund 0170, activity 725) at the close of the fiscal year 2005 is hereby reappropriated for
expenditure during the fiscal year 2006.
That the total appropriation for the fiscal year ending the thirtieth day of June, two thousand five, to fund 0175, fiscal year 2005, organization 2300, be supplemented and amended by increasing
and adding a new item of appropriation to the total appropriation as follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from general revenue.
LEGISLATIVE
3-Joint Expenses
(WV Code Chapter 4)
Fund 0175 FY 2005 Org 2300
General
Act-Revenue
ivityFund
11a Technology
11b Improvements - Surplus(R)725$240,000
Any unexpended balance remaining in the appropriation for technology improvements -
surplus (fund 0175, activity 725) at the close of the fiscal year 2005 is hereby reappropriated for
expenditure during the fiscal year 2006".
The bill was then ordered to engrossment and third 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. 140), 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: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and Tucker.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 141), 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: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and
Tucker.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3001) passed.
On motion of Delegate Michael, the title of the bill was amended to read as follows:
H. B. 3001 -- "A Bill making a supplementary appropriation of public moneys out of the
treasury from the balance of moneys remaining as an unappropriated surplus balance in the state
fund, general revenue, to the senate, fund 0165, fiscal year 2005, organization 2100, the house of
delegates, fund 0170, fiscal year 2005, organization 2200, the joint expenses, fund 0175, fiscal year
2005, organization 2300, the governor's office, fund 0101, fiscal year 2005, organization 0100, and
the department of administration - office of the secretary, fund 0186, fiscal year 2005, organization
0201, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day
of June, two thousand five."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 142), 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: Fragale, Leach, Susman, Swartzmiller, Thompson, Ron and
Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3001) 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.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Fragale, Leach, Susman, Swartzmiller, Ron Thompson and Tucker.
Miscellaneous Business
Delegates Manchin, Tabb and Wysong announced that they were absent on yesterday when
the vote was taken on Roll No. 130, and that had they been present they would have voted "yea"
thereon.
At 10:48 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00
p.m., Monday, March 21, 2005.