__________*__________
Wednesday, March 23, 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 Tuesday, March 22, 2005, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
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:
S. C. R. 19, Requesting Division of Highways name bridge on Interstate 79 at Route 310,
at East Grafton Road, "Anthony Joseph Yanero Memorial Bridge",
S. C. R. 47, Requesting Division of Highways name bridge near Seebert, Pocahontas County,
"Tom Edgar Memorial Bridge",
And,
S. C. R. 58, Petitioning Congress investigate loss of insurance coverage and pensions for coal
miners due to bankruptcy of Horizon Natural Resources and closing of Cannelton Mine in Kanawha
County,
And reports the same back with the recommendation that they each be adopted.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and
reported unanimously with the recommendation that it do pass), which was read by its title, as
follows:
By Delegates Michael, Stalnaker, Frederick, Proudfoot, Ron Thompson and Ashley:
H. B. 3152 - "A Bill to amend and reenact §29-12-5a of the Code of West Virginia, 1931,
as amended, relating to liability insurance for county boards of education, their employees and
members, the county superintendent of schools, and for employees and officers of the state
department of corrections; and clarifying that the board of risk and insurance management is not
required to provide insurance for every property, activity or responsibility."
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 3152) will be placed on the Consent
Calendar.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Michael, Doyle, Ron. Thompson, Stalnaker, Williams, Proudfoot,
Browning, Houston, Cann, Frederick and Ashley:
H. B. 3181 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to
a new item of appropriation designated to the bureau of commerce - economic development authority
- economic development project bridge loan fund, fund 3169, fiscal year 2005, organization 0307,
supplementing and amending chapter thirteen, acts of the Legislature, regular session, two thousand
four, known as the budget bill."
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2603, Relating to reimbursement of tuition, registration and other required fees for
course work completed by teacher,
And,
H. B. 2777, Making technical changes concerning High-Tech research zones, parks and
technology centers and tax incentives relating thereto,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2603 and H. B. 2777) will be placed on the
Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2795, Relating to the consolidation of administrative, information, technological, financial and operating systems and functions of West Virginia University Institute of Technology
with and into such systems and functions of West Virginia University.
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 Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2795) 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:
Com. Sub. for S. B. 401, Relating to institutional boards of governors at certain community
and technical colleges.
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 (Com. Sub. for S. B. 401) will be placed on the
Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
H. B. 2528, Relating to alternative programs for the education of teachers.
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 Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2528) to the Committee on Finance
was abrogated.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 3040, Providing maximum time limits for one-way bus transportation for any new bus
route created to transport students in the wake of the closure or consolidation of an existing school
facility.
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. 3040) 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. 2801, Relating to removing the delay in school aid formula funding for increased
student enrollment.
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 Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2801) 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. 2866, Providing for continuation of tuition and fee payments to members after
discharge from military service due to wounds or injuries received in the line of duty,
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. 2866) 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. 2866) will be placed on the Consent
Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2369, Authorizing the superintendent of the West Virginia state police to operate a
voluntary contribution fund for designated beneficiaries of deceased officers,
And reports back a committee substitute therefor, by unanimous vote of the Committee, a
new title, as follows:
Com. Sub. for H. B. 2369 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §15-2-9, relating to limiting the administration of a
voluntary contribution fund or similar benefit plan by members and employees of the West Virginia State Police,"
And,
H. B. 2816, Creating the West Virginia Healthy Act of 2005,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2816 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5-1E-1, §5-1E-2, §5-1E-3, §5-1E-4 and §5-1E-5; and
to amend and reenact §18-2-6a and §18-2-7a of said code, all relating to promoting healthy lifestyles;
creating a Healthy Lifestyles Office in the Department of Health and Human Resources; establishing
the functions of the Office; creating a special revenue account; establishing a voluntary menu
labeling program; establishing physical activity goals in the schools; and encouraging the use of
healthy beverages in the vending machines of schools,"
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 2369 and Com. Sub. for H.
B. 2816) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2852, Implementing the recommendations of the West Virginia Pharmaceutical Cost
Council,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 amend and reenact
§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 article by adding thereto new sections, designated
§5A-3C-18, §5A-3C-19, §5A-3C-20, §5A-3C-21, §5A-3C-22, §5A-3C-23, §5A-3C-24, §5A-3C-25,
§5A-3C-26, and §5A-3C-27; 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 and the transfer of most of the powers and responsibilities of the Pharmaceutical Cost
Management Council to 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; 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; establishing the Federal Supply Schedule as a benchmark for the
purchase of Brand name pharmaceutical drugs; establishing a waiver process for the adjustment of the purchase price of certain pharmaceutical drugs; excluding advertising and marketing costs from
the other costs in the waiver process; 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; elimination of the transfer of the
clearinghouse program to the state; elimination of the transfer of the pharmaceutical discount
program to the state; 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 and conforming the
standards for same with other provisions of the code; 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; 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,"
With the recommendation that the committee substitute do pass.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
Com. Sub. for H. B. 2578, Increasing the ratios of professional and service personnel to
students in net enrollment,
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 (Com. Sub. for H. B. 2578) 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. 2802, Updating provisions pertaining to commercial driver's licenses to conform with
federal law,
H. B. 3002, Removing the thirty day deadline for submitting party designations to be eligible
to vote in the primary election,
And,
H. B. 3016, Excepting the making of appointments by secretaries of licensed real estate
brokers and salespersons with buyers and sellers of real estate from the scope of practice of real
estate brokerage subject to licensing,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 2802, H. B. 3002 and H. B. 3016) 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. 2492, Providing a funding mechanism for teen court programs,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2492 - "A Bill to amend and reenact §49-5-13d of the Code of West
Virginia, 1931, as amended, relating to teen court programs; and authorizing counties to adopt a
mandatory fee when a county elects to institute a teen court program, to fund the program,"
And,
H. B. 2890, Relating to unlawful methods of hunting and fishing,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2890 - "A Bill to amend and reenact §20-2-5 of the code of West
Virginia, 1931, as amended, relating generally unlawful methods of hunting; and making it unlawful
to hunt or conduct hunts for a fee where the hunter is not in the same physical location as the
wildlife,"
With the recommendation that the committee substitutes each 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. 2812, Extending the time for the Preston County Board of Education to meet as a levying body for the purpose of presenting a special levy election for the voters in the county,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2812 - "A Bill to extend the time for the Board of Education of
Preston County to meet as a levying body for the purpose of presenting the voters an election to enact
a special levy to provide school funding,"
And,
H. B. 2991, Providing criminal penalties for aiding escape and specifying items that are
unlawful to deliver to or be possessed by individuals in custody or confinement,"
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2991 - "A Bill to amend and reenact §61-5-8 of the Code of West
Virginia, 1931, as amended, relating to adults and juveniles in custody or confinement; providing
criminal penalties for aiding escape; specifying items that are unlawful to deliver to or be possessed
by individuals in custody or confinement; providing criminal penalties for possession of certain
items by adults or juveniles in custody or confinement in a jail, state correctional facility, juvenile
facility or juvenile detention center; providing criminal penalties for transporting certain items onto
the grounds of a jail, state correctional facility, juvenile facility or juvenile detention center; and
providing definitions,"
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, Com. Sub. for H. B. 2991 will be placed on the Consent Calendar.
Clerk's Note: Com. Sub. for H. B. 2812, being a local bill, will be placed on the Local
Calendar for Friday, March 25, 2005.
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. 2426, Notifying persons from out of state who issue worthless checks that a notice of
their failure to pay the fine will be sent to the division of motor vehicles,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2426 - "A Bill to amend and reenact §61-3-39g of the Code of West
Virginia, 1931, as amended, relating to notifying persons from out-of-state who issue worthless
checks in this state and who, after being duly served with a summons upon a misdemeanor
complaint, fail to pay the check and applicable fine or fail to appear in court, that a notice of their
failure will be sent to the Division of Motor Vehicles to be dealt with according to existing law,"
And,
H. B. 3010, Providing that the Commissioner of Corrections may authorize wardens or
administrators to establish imprest funds for transporting inmates,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 3010 - "A Bill to amend and reenact §25-1-11a of the Code of West
Virginia, 1931, as amended, relating to the duties and responsibilities required of a warden or
administrator of a correctional institution,"
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2426 and Com. Sub. for H.
B. 3010) 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. 3012, Exempting property acquired by lease purchase agreement by the state, a county,
district, city, village, town or other political subdivision, state college or university, from property
tax,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 3012 - "A Bill to amend and reenact §11-3-9 of the Code of West
Virginia, 1931, as amended, relating to exempting property acquired by lease purchase agreement
by the state, a county, district, city, village, town or other political subdivision, state college or
university, from property tax,"
With the recommendation that the committee substitute do pass, and with the
recommendation that the second reference of the bill to the Committee on Finance be dispensed
with.
At the request of Delegate Staton, and by unanimous consent, reference of the bill (Com.
Sub. for H. B. 3012) to a committee was dispensed with.
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. 3012) 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. 2990, Permitting the Director of the Natural Resources to set the time and date of the
meeting for the convenience of the Public,
And reports the same back with the recommendation that it do pass.
Messages From The Executive
Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor,
advising that on March 21, 2005, he approved H. B. 2483.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 2510, Allowing public sector moneys to be used to satisfy the matching requirements
of the workforce initiative in certain circumstances.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section four, line fourteen, after the word "providers;" by inserting the word
"and".
On page three, section four, lines thirty-two and thirty-three, by striking out the words "such a" and inserting in lieu thereof the word "the".
And,
On page five, section four, line sixty-two, after the word "equipment" and the semicolon,
by inserting the word "and".
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 158), and there were--yeas
96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Miley, Romine and Wysong.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2510) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2666, Continuation of the Department of Health and Human Resources.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the article heading and inserting in lieu thereof
the following:
"§9-2-1a. Department of Health and Human Resources continued.
The Department of Health and Human Resources shall be charged with the administration
of this chapter. Pursuant to the provisions of article ten, chapter four of this code, the Department
of Health and Human Resources shall continue to exist until the first day of July, two thousand six,
unless sooner terminated, continued or reestablished."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 159), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2666) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 160), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2666) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2667, Continuation of the West Virginia Commission for the Deaf and Hard of
Hearing.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the article heading and inserting in lieu thereof
the following:
"§5-14-12. West Virginia Commission for the Deaf and Hard of Hearing continued.
Pursuant to the provisions of article ten, chapter four of this code, the West Virginia
Commission for the Deaf and Hard of Hearing shall continue to exist until the first day of July, two
thousand nine, unless sooner terminated, continued or reestablished."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 161), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2667) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 162), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2667) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2846, Continuation of the Real Estate Appraiser Licensing and Certification Board.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the article heading and inserting in lieu thereof
the following:
"§30-38-19. Real Estate Appraiser Licensing and Certification Board continued.
Pursuant to the provisions of article ten, chapter four of this code, the Real Estate Appraiser
Licensing and Certification Board shall continue to exist until the first day of July, two thousand
thirteen, unless sooner terminated, continued or reestablished."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 163), and there were--yeas
96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Browning.
Absent And Not Voting: Ferrell, Moore and Romine.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2846) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 164), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2846) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2892, Continuation of the Bureau for Child Support Enforcement..
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the article heading and inserting in lieu thereof
the following:
"§48-18-134. Bureau for Child Support Enforcement continued.
Pursuant to the provisions of article ten, chapter four of this code, the Bureau for Child
Support Enforcement shall continue to exist until the first day of July, two thousand ten, unless
sooner terminated, continued or reestablished."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 165), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2892) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 166), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2892) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2893, Continuation of the James "Tiger" Morton Catastrophic Illness Commission.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the article heading and inserting in lieu thereof
the following:
"§16-5Q-3. James 'Tiger' Morton Catastrophic Illness Commission continued.
Pursuant to the provisions of article ten, chapter four of this code, the James "Tiger" Morton
Catastrophic Illness Commission shall continue to exist until the first day of July, two thousand
eight, unless sooner terminated, continued or reestablished."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 167), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2893) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 168), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2893) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
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. 30 - "A Bill to amend and reenact §33-2-20 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-2-
21; to amend and reenact §33-6-8 of said code; to amend and reenact §33-16B-1 and §33-16B-3 of
said code; to amend and reenact §33-17-8 and 33-17-9 of said code; to amend said code by adding
thereto three new sections, designated §33-17A-4a, §33-17A-4b and §33-17A-4c; and to amend and
reenact §33-20-4 of said code, all relating to insurance; allowing the Commissioner to permit
automobile insurers to withdraw from doing business in this state; requiring insurer to submit a plan;
permitting promulgation of rules; redesignating a section of the insurance code enacted as part of the
bill assigning workers' compensation duties to the Insurance Commissioner; clarifying that certain
rules remain in effect; exempting commercial insurance lines from the requirement of prior approval
of rates and forms; creating a presumption of prospective relief when forms are disapproved and
providing factors to be considered in determining whether relief should be retroactive; defining
terms; clarifying that certain health insurance forms marketed to associations must be filed with the
Commissioner; providing that commercial and certain health insurance forms marketed to
associations are effective upon first use after filing; clarifying that prior rate approval applies to
health insurance certificates and endorsements; providing an alternative method for nonrenewal of
property insurance; providing a manner of electing an alternative method; requiring report to the
Legislature; and providing alternative methods of determining insurer liability in cases of loss to real
property"; to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 31 - "A Bill to amend and reenact §5-1B-2 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§5-1B-4a, all relating to requiring the Chief Technology Officer to maintain a central cross index
repository of forms used by state agencies; definitions; and additional powers and duties of the Chief
Technology Officer"; to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 147 - "A Bill to amend and reenact §60A-2-212 of the Code of West
Virginia, 1931, as amended; to amend and reenact §60A-3-308 of said code; and to amend said code
by adding thereto a new article, designated §60A-10-1, §60A-10-2, §60A-10-3, §60A-10-4, §60A-
10-5, §60A-10-6, §60A-10-7, §60A-10-8, §60A-10-9, §60A-10-10, §60A-10-11, §60A-10-12 and
§60A-10-13, all relating to limiting the purchase of substances used in the production of
methamphetamine; providing that certain substances containing ephedrine, pseudoephedrine or
phenylpropanolamine, their salts or optical isomers or salts of optical isomers are Schedule V
substances; providing legislative findings; defining terms; limiting access to such substances;
providing procedures for purchasing such substances from pharmacists or licensed pharmacy
technicians; providing for the registration of every wholesaler, manufacturer or distributor of certain
drug products containing such substances; providing for a supplemental list of drug products used
in methamphetamine production; creating a central repository regarding the reporting of information
related to such substances; requiring medical and dental professionals to report methamphetamine-
related injuries; providing that exposure of children to methamphetamine production is prima facie evidence of child abuse; providing for severability; allowing the State Police to leverage grant funds;
requiring reporting by the State Police to the Legislative Oversight Commission on Health and
Human Resources Accountability; and providing penalties"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 191 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §27-5-11, relating to mental hygiene proceedings
generally; authorizing implementation of a modified mental hygiene procedure in limited number
of counties relating to persons who are medication-dependent and who have had at least one prior
conviction within previous twenty-four months related to mental illness or two prior hospitalizations
within previous twenty-four months; directing cooperation of Secretary of Department of Health and
Human Resources and Supreme Court of Appeals in developing modified procedures; authorizing
use of treatment compliance orders in certain judicial circuits; authorization for hospitalization and
treatment for up to seventy-two hours prior to probable cause hearing for medication-dependent
individuals who meet requirements; reporting requirements; expiration date; time limits;
requirements of petitions; procedures; required findings; hearing; and forms required for
procedures"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 467 - "A Bill to amend and reenact §15-2D-7 of the Code of West Virginia, 1931, as amended, relating to authorizing the Director of the Division of Protective Services to assess, charge
and collect fees from state spending units for services"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 498 - "A Bill to amend and reenact §7-4-6 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new section, designated §7-4-6a, all
relating to the West Virginia Prosecuting Attorneys Institute; clarifying the scope of responsibility
of the Institute to include services to the entire staff of prosecutors; authorizing the Institute to train
state and local law-enforcement and investigative personnel; allowing the Institute to accept moneys
for reimbursement of expenses; and continuation of the West Virginia Prosecuting Attorneys
Institute"; 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. 582 - "A Bill to amend and reenact §51-2A-2 of the Code of West Virginia, 1931, as
amended, relating to granting concurrent jurisdiction to the family court and the circuit court to set
support obligations in abuse and neglect cases"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 583 - "A Bill to amend and reenact §51-2A-11, §51-2A-14 and §51-2A-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §51-2A-12a, all relating to appealing orders from the family court to the circuit court";
to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 584 -"A Bill to amend and reenact §48-11-106 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto four new sections, designated §48-11-106a, §48-
11-106b, §48-11-106c and §48-11-106d, all relating to allowing the Bureau for Child Support
Enforcement to enter administrative orders for modification of child support amounts; and providing
for review of the administrative order by the family court"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 585 - "A Bill to amend and reenact §49-5-17 of the Code of West Virginia, 1931, as
amended, relating to juvenile proceedings and confidentiality of juvenile records; and permitting
disclosure of same under specified circumstances"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005,
and requested the concurrence of the House of Delegates in the passage of
S. B. 604 - "A Bill to amend and reenact §18-9A-15 of the Code of West Virginia, 1931, as
amended, relating to requiring the Legislature to make an appropriation for increased enrollment; requiring the State Board to promulgate a rule establishing a method of projecting the increase in net
enrollment in each school district; requiring the State Superintendent to make projections of
increased enrollment; requiring two allocations to counties with increased enrollment, the first being
based on projected enrollment and the second being determined in a manner requiring the total of
the two allocations be based on the actual increase in enrollment; requiring school districts with a
projected increase enrollment to refund a certain amount of the first allocation in certain instances;
and including students who have not attained the age of five"; to the Committee on Education then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 60 - "Requesting the United States Congress provide funding for a double-stack rail
route in West Virginia as part of the Heartland Corridor Project in an effort to improve West
Virginia's access to affordable rail and truck transportation as part of the intermodal global supply
chain."
Whereas, Efficient and affordable intermodal transportation has emerged as an essential
element in international trade; and
Whereas, The highest value commodities moving in international trade today, short of those
extremely high-value items that move via air freight, move in containers; and
Whereas, The most cost-effective manner to move such containers is via rail intermodal in
a double-stack configuration; and
Whereas, Most parts of West Virginia are too distant from existing intermodal routes to
provide access for the state's producers and receivers of products to effectively use the vital
intermodal containerized transportation alternative which isolates most of West Virginia's commerce
from a burgeoning international trade; and
Whereas, At the request of the Department of Transportation, Norfolk Southern agreed to
collaborate with the Department of Transportation, the Appalachian Regional Commission and
others in exploring remedies that would improve West Virginia's access to affordable rail-truck
intermodal transportation; and
Whereas, The Nick J. Rahall II Appalachian Transportation Institute at Marshall University
determined in its March 2003 final report that double-stack rail service would return considerable
economic benefits to West Virginia; and
Whereas, The most efficient surface form of intermodal transportation for container
movement involves "double-stacking" containers two-high on rail cars; and
Whereas, Currently there are no rail routes in West Virginia capable of accommodating
double-stacked containers, thereby precluding West Virginia producers' access to double-stack
services and impeding the free flow of double-stacked commerce between West Virginia and
contiguous states; and
Whereas, Such a lack of access to double-stack rail service for containers places West
Virginia producers and receivers of products and components at a significant competitive
disadvantage; and
Whereas, Providing adequate clearances for double-stacked movement in West Virginia
requires tunnels and other track structures be modified; and
Whereas, Clearing a West Virginia routing for the movement of double-stacked containers
would provide significant economic, environmental and social benefits to the residents of West
Virginia and adjoining states, including thousands of direct and indirect new jobs in West Virginia;
and
Whereas, Providing for a double-stack intermodal route through West Virginia should be
pursued via a partnership that includes both public and private entities, including the Department of
Transportation, the United States Department of Transportation and private rail carrier Norfolk
Southern; and
Whereas, The rail carrier in question, Norfolk Southern, on its own volition and in good
faith with proponents of double-stack intermodal transportation in West Virginia and adjoining
states, decided this year to initiate and fund the preliminary engineering necessary for the tunnel
clearance component of the Heartland Corridor Project; and
Whereas, The Heartland Corridor Project is an intermodal project designed to provide West
Virginia and adjoining states with a fully cleared double-stacked intermodal corridor from the east
coast to the midwest, including Chicago, and the Heartland Corridor's improvements are consistent
with West Virginia's interest in improving the free flow of commerce throughout the United States;
and
Whereas, Funding for implementing such a double-stacked route in West Virginia would
be an eligible activity under the proposed Federal TEA 21 Reauthorization's Program for "Projects
of National and Regional Significance"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States Congress provide funding for a double-stack rail route in West Virginia as part of the Heartland Corridor Project in an effort to
improve West Virginia's access to affordable rail and truck transportation as part of the intermodal
global supply chain; and, be it
Further Resolved, That the United States Congress should consider that the implementation
of this type of intermodal transportation project would not only greatly benefit the citizens of West
Virginia but would also greatly enhance the free flow of commerce among all states in the national
interest and greatly benefit the environment, safety and economic development of the same; and, be
it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to West Virginia's congressional delegation.
Resolutions Introduced
Delegates Boggs, Brown, Browning, Craig, Louisos, Morgan, Stemple, Swartzmiller,
Armstead, Blair, Duke, Overington, Stevens and Walters offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 56 - "Requesting the Director of the Office of Emergency Services to immediately
repair inoperative IFLOWS rain and stream gauges to a minimum operational efficiency rating of
ninety percent and to provide ongoing maintenance to keep the operational efficiency rating at ninety
percent at all times."
Whereas, The Office of Emergency Services operates the Integrated Flood Warning System
known as IFLOWS which is made up of a computer operated communications network and rain and
stream gauges; and
Whereas, Flood warnings and flood watches in West Virginia are issued by the National Weather Service based upon information obtained from IFLOWS rain and stream gauges located
throughout the state; and
Whereas, Advanced flood warning is critical to saving lives, reducing property damage and
reducing disruption of commerce and human activities; and
Whereas, In July, 2003, the National Weather Service recognized West Virginia as having
the largest and most reliable IFLOWS network of the thirteen states in the eastern district with an
operational efficiency rating over ninety percent; and
Whereas, In July, 2004, the operational efficiency rating was at sixty percent and remained
at the same level four months later; and
Whereas, The National Weather Service has been providing an annual grant to the IFLOWS
program which provides nearly twenty-five percent of program funding; and
Whereas, Beginning this year, IFLOWS grants to states are being competitively awarded
on merit and the ability of a state to maintain its IFLOWS network is a key criteria by which a state
will be judged; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Director of the Office of Emergency Management
to immediately repair inoperative IFLOWS rain and stream gauges to a minimum operational
efficiency rating of ninety percent; and, be it
Further Resolved, That the Director of the Office of Emergency Management provide
ongoing maintenance to keep the operational efficiency rating of rain and stream gauges at ninety
percent at all time; and, be it
Further Resolved, That the Director of the Office of Emergency Management report back to the Joint Commission on Government and Finance on or before the first day of June, 2004, and
thereafter as may be required, as to the operational efficiency of the IFLOWS network.
Delegates Canterbury, Campbell, Amores, Anderson, Argento, Armstead, Ashley, Azinger,
Barker, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Cann, Caputo, Carmichael,
Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Fragale, Frederick, Frich, Hall,
Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leggett, Long, Longstreth,
Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington,
Palumbo, Paxton, Perdue, Pethtel, Poling, Porter, Roberts, Romine, Rowan, Schadler, Schoen,
Sobonya, Spencer, Stalnaker, Staton, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb,
Talbott, Tansill, R. Thompson, R. M. Thompson, Trump, Tucker, Wakim, Walters, Webster, Wells,
G. White, H. White, Williams, Wysong and Yost offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 57 - "Requesting the Joint Committee on Government and Finance study the cost
of transporting persons committed to treatment by mental hygiene commissioners and the impact on
deputy sheriffs and the costs incurred by sheriff's departments."
Whereas, Deputy sheriffs perform valuable services to this state; and
Whereas, A significant portion of time and money is spent by deputy sheriffs on the
transportation of persons committed to treatment facilities by mental hygiene commissioners;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
impact, both financially and on the other law-enforcement duties, of transporting persons committed to treatment facilities by mental hygiene commissioners upon deputy sheriffs; therefore, 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.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Boggs, Craig and Ron Thompson:
H. B. 3153 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-3-28a, relating to establishing the crime of railroad
vandalism"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Louisos:
H. B. 3154 - "A Bill to amend and reenact §18-7A-36 of the Code of West Virginia, 1931,
as amended, relating to a study of the option for teachers who withdrew from the State Teachers
Retirement System in favor of the Defined Contribution Retirement System, to exercise the option
to return to the State Teachers Retirement System"; to the Committee on Pensions and Retirement
then Finance.
By Delegates Pethtel, Varner and Stalnaker:
H. B. 3155 - "A Bill to amend and reenact §5-10-18 of the Code of West Virginia, 1931, as amended, relating to permitting Wetzel County Hospital to provide an alternate retirement plan for
new employees in lieu of participation in the Public Employees Retirement System"; to the
Committee on Pensions and Retirement then Finance.
By Delegate H. White:
H. B. 3156 -"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; option; extending the time for members to repurchase time;
specifying interest rate; compounding; permitting emergency services personnel to purchase service
credit for the years one thousand nine hundred ninety to one thousand nine hundred ninety-five;
specifying the cost of the service credit; specifying interest rate and compounding"; to the Committee
on Pensions and Retirement then Finance.
By Delegate H. White:
H. B. 3157 - "A Bill to amend and reenact §18-7B-11 of the Code of West Virginia, 1931,
as amended, relating to directing the Consolidated Public Retirement Board to propose rules;
providing that forfeited amounts are paid directly to employer where a participating employer no
longer contributes to fund; and providing for retroactive employer contributions to the Teachers'
Defined Contribution Retirement System where a member serves in the Legislature"; to the
Committee on Pensions and Retirement then Finance.
By Delegates Iaquinta, Williams, Crosier, Beach, Talbott, Butcher, Morgan, Paxton,
Argento, Barker and Miley:
H. B. 3158 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as
amended, relating to allowing handicapped persons who have lost a hand, or are otherwise
incapacitated from using an arm or a hand to hunt with a bow, to hunt with the use of a crossbow";
to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Williams, Stemple, Varner, Kominar, H. White, Perdue and Barker:
H. B. 3159 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as
amended, relating to allowing hunting on public lands on Sunday"; to the Committee on Agriculture
and Natural Resources then the Judiciary.
By Delegates Michael, Mahan and Stalnaker:
H. B. 3160 - "A Bill to amend and reenact §5-10D-1 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Consolidated Public Retirement Board to recover from a
participating employer that fails to pay contributions due the board in a timely manner, amounts not
to exceed interest or other earnings lost as a result of the untimely payment, or a reasonable
minimum fee, whichever is greater, as provided by legislative rule; and requiring that any amounts
recovered shall be administered in the same manner in which the contributions are required to be
administered"; to the Committee on Pensions and Retirement then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 3161 - "A Bill to amend and reenact §5-16-18 of the Code of West Virginia, 1931,
as amended, relating to providing the allocation of funds that may be appropriated to subsidize the
employers share of premium costs payments made on behalf of retirees eligible for coverage under
this article for certain employers"; to the Committee on Pensions and Retirement then Finance.
By Delegates Caputo, Webster, DeLong, Talbott and Hatfield:
H. B. 3162 - "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; option; extending the time for members to repurchase time;
specifying interest rate; compounding; permitting emergency services personnel to purchase service
credit for the years one thousand nine hundred ninety to one thousand nine hundred ninety-five;
specifying the cost of the service credit; specifying interest rate and compounding"; to the Committee
on Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Campbell, Beach, Morgan, Long and Howard:
H. B. 3163 - "A Bill to amend and reenact §18B-10-14 of the Code of West Virginia, 1931,
as amended, relating to state institution of higher education bookstore operations and textbook sales;
minimizing costs to students; prohibiting requirements that students purchase certain textbook
packages; prohibiting institution employees from receiving benefits for requiring specific textbooks
and providing exceptions; requiring institutions to post listing of required textbooks at certain
campus locations; requiring institutions to promulgate a rule governing textbook sales and bookstore
operations; and application to bookstores operated by private contractor and institutional auxiliary
services"; to the Committee on Education.
By Delegates Kominar and H. White:
H. B. 3164 - "A Bill to amend and reenact §11-22-2 of the Code f West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated §17A-3-4a; and to amend
and reenact §31-18D-5, §31-18D-6, §31-18D-7 and §31-18D-9 of said code, all relating to the funding, composition and operation of the West Virginia Affordable Housing Trust Fund; imposing
a fee of twenty dollars on the transfer of real property in addition to the excise tax presently imposed
on such transactions; imposing a fee of twenty dollars on the issuance of a certificate of title by the
Commissioner of the Division of Motor Vehicles for the transfer of mobile homes subject to property
tax under §11-5-11 and §11-5-12 of said code; dedicating the revenues resulting from such transfer
fees to the West Virginia Affordable Housing Trust Fund created in §31-18D-4; authorizing up to
ten percent of the moneys generated by such transfer fee to be expended by the West Virginia
Affordable Housing Trust Fund for administrative and operating expenses; changing the composition
of the Board of Directors of the West Virginia Affordable Housing Trust Fund; reducing the majority
vote requirement for action by the Board of Directors; providing that the West Virginia Housing
Development Trust Fund shall establish best practices for recipients of Trust Fund moneys;
permitting Trust Fund moneys to be used for initial operational expenses of local government
programs to reduce substandard housing or inappropriate land use patterns; and eliminating certain
restrictions on application procedures for Trust Fund moneys"; to the Committee on Government
Organization then Finance.
By Delegate Talbott:
H. B. 3165 - "A Bill to amend and reenact §30-27-3 of the Code of West Virginia, 1931, as
amended, relating to barbers and cosmetologists; and increasing the examination application fee";
to the Committee on Government Organization then Finance.
By Delegates Tabb, Wysong and Doyle:
H. B. 3166 - "A Bill to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as
amended, relating to allowing a fire chief to have a designee serve on an enforcement agency relative to the enforcement of county-adopted ordinances"; to the Committee on Political Subdivisions then
the Judiciary.
By Mr. Speaker (Mr. Kiss), and Delegates Mahan, Susman, Ron Thompson and
Sumner:
H. B. 3167 - "A Bill to create the Beckley-Raleigh county building code authority to establish
and enforce a building code for the city of Beckley and Raleigh County"; to the Committee on
Political Subdivisions then the Judiciary.
By Delegate Pino:
H. B. 3168 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2D-8, relating to providing a base salary and retention salary
increases for Division of Protective Services law-enforcement officers based on years of service. The
provisions of this section excludes the Director and Deputy Director of the Division of Protective
Services"; to the Committee on Finance.
By Delegates Barker, Staton and H. White:
H. B. 3169 - "A Bill to amend and reenact §17D-4-2 of the Code of West Virginia, 1931,
as amended, relating to increasing the required minimum liability insurance required on a motor
vehicle"; to the Committee on Banking and Insurance and then Judiciary.
By Delegates Ron Thompson and H. White:
H. B. 3170 - "A Bill to amend and reenact §32A-2-1 of the Code of West Virginia, 1931,
as amended, relating to the definition of money transmission"; to the Committee on Banking and
Insurance then Finance.
By Delegate H. White, Ron Thompson, Hrutkay, Perry, Azinger and Frich:
H. B. 3171 - "A Bill to amend and reenact §33-43-7 of the Code of West Virginia, 1931, as
amended, relating to late filings of tax returns to the Insurance Commissioner; permitting the
Commissioner to waive or reduce the penalty; and establishing the standard for granting waiver or
reduction"; to the Committee on Banking and Insurance then Finance.
By Delegate Ron Thompson (By Request):
H. B. 3172 - "A Bill to repeal §8-6-5 of the Code of West Virginia, 1931, as amended,
relating to annexation by minor boundary adjustment"; to the Committee on the Judiciary.
By Delegates Wysong, Tabb, Doyle, Marshall, Moore, Stephens and Longstreth:
H. B. 3173 - "A Bill to amend and reenact §61-8D-3 of the Code of West Virginia, 1931,
as amended, relating to child abuse; and increasing the penalties therefor"; to the Committee on the
Judiciary.
By Delegate Amores:
H. B. 3174 - "A Bill to amend and reenact §55-7-11a of the Code of West Virginia, 1931,
as amended, relating to the admissibility of expressions of apology, responsibility, sympathy,
commiseration, condolence, compassion or general sense of benevolence which are made by a
health-care provider or an employee of a health-care provider to a patient, or relatives or
representatives of the patient; providing that any such expressions made to a patient, or his or her
relatives or representatives, shall be inadmissible as evidence of admission of liability or as evidence
of an admission against interest"; to the Committee on the Judiciary.
By Delegates DeLong, Stalnaker and Webster:
H. B. 3175 -"A Bill to amend article seven, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six, relating to amending the West Virginia Racing Commission greyhound racing rule
relating to definitions used therein and the greyhound breeding development fund"; to the Committee
on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Morgan:
H. B. 3176 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as
amended, relating to clarifying the exemption for property used by not for profit, tax exempt
communities from property taxes"; to the Committee on the Judiciary then Finance.
By Delegates Talbott and Amores:
H. B. 3177 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46A-6-111, relating to requiring that employers perform criminal
history background checks for employees involved in the installation of home security systems"; to
the Committee on the Judiciary.
By Delegates Brown, Amores, Staton, Webster, Hrutkay and Mahan:
H. B. 3178 - "A Bill to amend and reenact §48-5-608 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §48-27-305, §48-27-401, §48-27-503, §48-27-504, §48-27-
902 and §48-27-1001 of said code, all relating to domestic violence generally"; to the Committee
on the Judiciary.
By Delegates Houston, Beach and Marshall:
H. B. 3179 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17C-4A-1, §17C-4A-2, §17C-4A-3, §17C-4A-4, §17C-4A-5 and
§17C-4A-6, all relating to careless driving generally; providing a short title; defining careless
driving; establishing the offense of careless driving; providing criminal penalties for violations; requiring the Commissioner of the Division of Motor Vehicles to assess points against the driver's
license of a person convicted of careless driving; requiring the Commissioner of the Division of
Motor Vehicles to suspend the license of a person convicted of careless driving that causes the
unintentional death of another person or causes serious bodily injury to another person; and requiring
the Commissioner of the Division of Motor Vehicles to propose legislative rules"; to the Committee
on the Judiciary.
By Delegate Hatfield (By Request):
H. B. 3180 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §59-3-6a, relating to newspapers; and requiring affidavit for
publication of death notice or obituary"; to the Committee on the Judiciary.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
S. B. 229, Relating to reports of financial institutions to Division of Banking,
Com. Sub. for H. B. 2789, Relating to the assessment date for bank holding companies,
H. B. 2885, Relating to tuberculosis testing, control, treatment and commitment,
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,
Com. Sub. for H. B. 2973, Allowing broker/dealers, in addition to banks, to act as
custodians of insurance company securities,
H. B. 3104, Relating to the payment of telecommunications charges,
And,
H. B. 3106, Relating to the ability of the public employees insurance agency to participate
in the investment pools of the investment management board.
On the passage of the bills, the yeas and nays were taken (Roll No. 169), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (S. B. 229, Com. Sub. for H. B. 2789, H. B. 2885, H. B. 2914, Com. Sub. for H.
B. 2973, H. B. 3104 and H. B. 3106) passed.
Delegate Staton moved that H. B. 2885 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 177), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Romine.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2885) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills and request concurrence therein.
Second Reading
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. 2850, Relating to the use of automobile Event Data Recorders,
commonly known as "black boxes",
Com. Sub. for H. B. 2944, Removing the "within two years" time restriction for application for reinstatement by a former police officer or fire fighter, thirty-five years old or older who
previously resigned from the police force or fire department,
And,
H. B. 2945, Relating to solicitation of water samples by persons or private entities and
providing information identifying the name of the company making the solicitation.
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. 2570, Requiring banking institutions to post bond or other security for
the deposit of county, municipal or county board of education funds,
Com. Sub. for H. B. 2962, Authorizing the Secretary of State to appoint, train and pay the
necessary expenses of volunteer election observers in this state,
Com. Sub. for H. B. 2981, Finding and declaring certain claims against the state and its
agencies to be moral obligations of the state and directing the Auditor to issue warrants for the
payment thereof,
H. B. 3021, Relating to amending licensure procedures for massage therapists,
And,
H. B. 3031, Prohibiting unlicensed practice of landscape architecture.
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. 3021, on first reading, Consent Calendar, to the House Calendar, by Delegate Trump.
And,
H. B. 3031, on first reading, Consent Calendar, to the House Calendar, by Delegate Trump.
Special Calendar
Unfinished Business
S. C. R. 12, Requesting Division of Highways name bridge on Route 49 at Matewan
"Michael S. Justice 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.
Third Reading
H. B. 2117, Increasing the title examination costs charged by the clerk of the county
commission to redeem real estate;on third reading, coming up in regular order, was read a third time.
Delegates Armstead, Howard, Lane, Manchin, Schoen, Staton and Trump requested to be
excused from voting on the passage of H. B. 2117 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen and the Lady from voting, stating that they
were members of a class of persons possibly to be affected by the passage of the bill and that they
demonstrated no direct personal or pecuniary interest therein.
The Speaker further stated that this ruling will stand as the judgment of the Chair and of the
House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as
established by our sovereign, non-reviewable Constitutional authority, and shall be binding in all
other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 178),
and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Border, Leggett, Martin, Paxton, Perdue, Sobonya, Sumner and Thompson, Rick.
Absent And Not Voting: Ferrell and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2117) passed.
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. 2522, Relating to creating and licensing mini-distilleries; 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. 179),
and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Armstead, Hamilton, Howard, Lane, Leggett, Overington, Sobonya, Stevens, Sumner,
Tabb, Tansill and Walters.
Absent And Not Voting: Ferrell and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2522) 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. 3105, Creating a special revenue fund for the provision of occupational safety and
health initiatives;
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. 180), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3105) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second 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. 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,
Com. Sub. for H. B. 3015, Establishing a new organ donor license plate.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell and Romine.
Miscellaneous Business
Delegate Schoen asked and obtained unanimous consent that the remarks delivered on today
by Delegate Trump regarding Patrick Henry be printed in the Appendix to the Journal.
At 12:20 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 24, 2005.