__________*__________
Monday, March 21, 2005
The House of Delegates met at 1:00 p.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 Friday, March 18, 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:
H. C. R. 12, Honoring the contributions of the Civilian Conservation Corps in West Virginia
and designating March 31 each year as CCC Recognition Day,
And reports the same back with the recommendation that it be adopted
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. 2850, Relating to the use of automobile Event Data Recorders, commonly known as
"black boxes",
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2850 -- "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3 and §17A-13-4, all
relating to regulating the use of automobile Event Data Recorders,"
And,
H. B. 2944, Removing the "within two years" time restriction for application for
reinstatement by a former police officer, thirty five-years old or older who previously resigned from
the police force,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2944 - "A Bill to amend and reenact §8-14-12 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §8-15-17 of said code; all relating to
reinstatement of former police officers or former firefighters,"
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. 2850 and Com. Sub. for H.
B. 2944) 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. 2945, Relating to solicitation of water samples by persons or private entities and
providing information identifying the name of the company making the solicitation,
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. 2945) will be placed on the Consent
Calendar.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 3015, Establishing a new organ donor license plate,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3015 - "A Bill to amend and reenact §17A-3-14 of the Code of West
Virginia, 1931, as amended, relating to extending the time for the Knights of Columbus to comply;
providing for special registration plates for organ and tissue donors, for present and former Boy
Scouts, for present and former Boy Scouts who have achieved Eagle Scout status, for members of
Lions International, for honoring coal miners, for licensed practical nurses and for registered nurses;
providing for initial fees and providing for annual fees,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the request of Delegate Staton, and by unanimous consent, reference of the bill (Com.
Sub. for H. B. 3015) to a committee was dispensed with.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the
eighteenth day of March, 2005, presented to His Excellency, the Governor, for his action, the
following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 2495), Repeal the requirement that jails be inspected by appointees of the Circuit
Courts.
Messages from the Senate
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. 24 -"Recognizing and supporting the continued growth and promotion of the apiary
industry in the State of West Virginia."
Whereas, In 1987, the West Virginia bee industry was virtually destroyed by disease.
Through the hard work of both the Department of Agriculture and dedicated beekeepers throughout
the state, the number of bee colonies has increased from 2,000 colonies to around 16,000 colonies
since 1995; and
Whereas, With the increase in bee colonies, the number of beekeepers increased from 200
to 1,200--an overall growth of 800 percent in nine years; and
Whereas, During 2004, bee colonies produced over 1.15 million pounds of honey at a resale
value of $2,638,000; and
Whereas, The State Honey Cooperative was formed in 2001 to aid local beekeepers in the
production, sale and extraction of honey. This facility has given beekeepers a place to buy supplies
at a reasonable cost, thus saving beekeepers an estimated $30,000 in out-of-state shipping and
handling charges; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes and supports the continued growth and promotion of
the apiary industry in the State of West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Commissioner of the Department of Agriculture.
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. 44 - "Requesting the Division of Highways name the recently constructed bridge
over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the 'Dewey Russell
Crowder Memorial Bridge'."
Whereas, Dewey Russell Crowder lived on Douglas Branch off Frame Road near Elkview
at the time he joined the Army; and
Whereas, Dewey Russell Crowder was killed in action on November 22, 1944, near the
Elbe River in Germany while serving with General George S. Patton's 3rd Army in World War II;
and
Whereas, Dewey Russell Crowder was only 19 years old when he paid the ultimate price
in defense of his country; and
Whereas, Dewey Russell Crowder and others like him who made the supreme sacrifice to
preserve our country's freedoms are worthy of our deepest gratitude and remembrance; and
Whereas, It is only fitting that the new bridge on Frame Road near Dewey Russell
Crowder's childhood home be named in his honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the recently constructed
bridge over Little Sandy Creek on Frame Road
near
Elkview, Kanawha County, the "Dewey Russell
Crowder Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at
both ends of this bridge which designates the bridge as the "Dewey Russell Crowder Memorial
Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to the surviving family of Dewey
Russell Crowder.
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. 45 - "Requesting the Division of Highways name the bridge on Route 16 and U. S.
Route 50 near Ellenboro, Ritchie County, the 'West Virginia State Trooper Larry G. Hacker
Memorial Bridge'."
Whereas, Larry G. Hacker graduated from the West Virginia State Police Academy in
August, 1989, and was assigned to the Harrisville Detachment in Ritchie County; and
Whereas, On April 9, 1993, Trooper Hacker was killed in the line of duty while responding
to a dispatch concerning a property dispute; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Route 16
and U. S. Route 50 near Ellenboro, Ritchie County, the "West Virginia State Trooper Larry G.
Hacker Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at
both ends of the bridge which designates the bridge as the "West Virginia State Trooper Larry G.
Hacker Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation; Mrs. Diane Hacker-McCullough;
Lynda Yates, Executive Director of Central Communications, Inc.; the West Virginia State Police
Headquarters; the West Virginia State Police Detachment in Harrisville, Ritchie County; and the
Ritchie County Commission.
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. 47 - "Requesting the Division of Highways name the bridge near Seebert, Pocahontas County, at the entrance to Watoga State Park, the 'Tom Edgar Memorial Bridge'."
Whereas, Thomas E. Edgar of Hillsboro, Pocahontas County, was a highly decorated World
War II veteran who was wounded in battle; and
Whereas, Thomas E. Edgar was elected to the West Virginia House of Delegates in 1960
and served until his death in 1972; and
Whereas, As a disabled veteran, the Honorable Thomas E. Edgar was instrumental in
eliminating structural barriers for the handicapped. In 1972, a handicapped entrance to the West
Virginia State Capitol was dedicated in his memory; and
Whereas, As a member of the Legislature, one of the projects of the Honorable Thomas E.
Edgar was the construction of the bridge near Seebert, Pocahontas County, at the entrance to Watoga
State Park; and
Whereas, It is only fitting that the bridge for which he was responsible be named in his
honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge near Seebert,
Pocahontas County, at the entrance to Watoga State Park, the "Tom Edgar Memorial Bridge"; and,
be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Tom Edgar Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation.
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. 53 - "Requesting the Division of Highways name the portion of U. S. Route 16 beginning at the Raleigh/Fayette county line and ending in Oak Hill, Fayette County, the 'Hank
Williams, Sr., Memorial Road'."
Whereas, Hank Williams, Sr., traveled over the portion of U. S. Route 16 beginning at the
Raleigh/Fayette county line and ending in Oak Hill, Fayette County, shortly before his death near
Oak Hill on the night of December 31, 1952; and
Whereas, The haunting melodies created by Hank Williams, Sr., have touched the souls of
so many throughout the United States; and
Whereas, The contributions of Hank Williams, Sr., have helped propel country music into
the billion-dollar industry it is today; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the portion of U. S.
Route 16 beginning at the Raleigh/Fayette county line and ending in Oak Hill, Fayette County, the
"Hank Williams, Sr., Memorial Road"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and the Governor.
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. 58 - "Petitioning the United States Congress investigate the loss of insurance
coverage and pensions for active and retired coal miners due to the bankruptcy of Horizon Natural
Resources and the closing of Cannelton Mine in Kanawha County."
Whereas, On August 31, 2004, Federal Bankruptcy Court for the Eastern District of
Kentucky issued a decision that allowed for the sale of Horizon Natural Resources' assets, which
include Cannelton Mine located in eastern Kanawha County; and
Whereas, As a part of the settlement, the Court allowed Horizon Natural Resources to void its contract with workers, thereby eliminating its contractual obligation to provide medical insurance
coverage to the active and retired membership; and
Whereas, The Court also permitted the company's assets to be sold "free and clear", leading
to the termination of health benefits for retirees covered by the Coal Act, a federal statute enacted
by Congress in 1992 to prevent coal companies from abandoning retirees; and
Whereas, As a result of the decision in Federal Bankruptcy Court, on September 27, 2004,
the Cannelton Mine was idled and 250 coal miners lost their jobs and health benefits; approximately
100 active miners were laid off before they could accrue full pension benefits; approximately 1,000
retirees and their spouses in Kanawha and Fayette counties lost their health benefits; and local and
coal mine-related businesses in this state lost thousands of dollars owed to them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby petitions the United States Congress investigate the loss of
insurance coverage and pensions for active and retired coal miners due to the bankruptcy of Horizon
Natural Resources and the closing of Cannelton Mine in Kanawha County; and, be it
Further Resolved, That the Legislature hereby requests Congress determine whether the
bankruptcy laws should be amended to ensure that workers' health and pension benefits are
protected; and, be it
Further Resolved, That the Legislature hereby requests the Governor review and develop
policies and programs to protect the economic welfare of coal miners and communities negatively
affected by mine closures as a result of bankruptcies of coal mining companies and convene a
meeting of federal, state and local elected and appointed officials associated with coal mining and
coal miners' health and safety to review and evaluate the 1992 Coal Act and other federal and state
laws in light of the Horizon Natural Resources' bankruptcy to determine the need for amendment
of these laws; 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 and the Governor.
Resolutions Introduced
Delegates Poling, Staton, Talbott, Hatfield, G. White, Canterbury, Carmichael, Tansill,
Azinger, Romine, Sumner, Ellem, Anderson, Argento, Ashley, Barker, Beach, Beane, Blair, Boggs,
Border, Brown, Browning, Butcher, Craig, Duke, Eldridge, Evans, Ferrell, Fragale, Frederick,
Frich, Hall, Hartman, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Louisos,
Marshall, Martin, Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry,
Pethtel, Pino, Porter, Proudfoot, Roberts, Rowan, Schadler, Schoen, Spencer, Stemple, Stephens,
Stevens, Swartzmiller, Tabb, Rick Thompson, Trump, Tucker, Wakim, Walters, Webster, Wells,
H. K. White, Wysong and Yost offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 51 - "Requesting the Joint Committee on Government and Finance to study the
need to provide low-cost spay and neuter programs across the state and the role that veterinarians
working out of private sector mobile vans equipped to provide low-cost spay and neuter services to
low income and disadvantaged residents."
Whereas, Some areas of this state are besieged by increasing numbers of unwanted and free
roaming domestic animals which threaten livestock and spread disease among other animals; and
Whereas, Many owners of domestic animals are without the means to spay or neuter their
domestic animals or to properly care for their unplanned offspring; and
Whereas, The use of a privately donated mobile van equipped to provide low-cost spay and
neuter services to the citizens of Barboursville, West Virginia and the surrounding areas has proven
to be cost effective and efficient; and
Whereas, Because of restrictions placed on the use of these properly equipped mobile vans,
they are prohibited from serving a more extensive area; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to
study the need to provide low-cost spay and neuter programs across the state and the role that veterinarians working out of private sector mobile vans equipped to provide low-cost spay and neuter
services to low income and disadvantaged residents; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Varner, Williams, Mahan, Beach, Craig, Boggs, Proudfoot, Perdue,
Barker, Morgan and G. White:
H. B. 3109 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended, relating to allowing a nonresident, licensed to carry concealed weapons in another state,
to carry a concealed weapon in this state pursuant to the provisions of their out-of-state license
without the necessity of a reciprocal agreement existing between the nonresident's state and this
state"; to the Committee on the Judiciary.
By Delegate Amores:
H. B. 3110 - "A Bill to amend and reenact §39A-3-1, §39A-3-2 and §39A-3-3 of the Code
of West Virginia, 1931, as amended, all relating to digital signatures generally; defining certain
terms; providing for use of an electronic postmark; authorizing promulgation of an emergency rule;
and authorizing use of a federal certificate authority and repository program"; to the Committee on
the Judiciary.
By Delegate Hunt:
H. B. 3111 - "A Bill to amend and reenact §61-8-19, §61-8-19a, §61-8-19b and §61-8-20 of the Code of West Virginia, 1931, as amended, all relating to expanding the definition of animal
cruelty, instituting stronger penalties for animal cruelty"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 3112 - "A Bill to amend and reenact §60-8-30 of the Code of West Virginia, 1931, as
amended, relating to requiring that wine distributorships be divided into territories; and providing
criminal penalties for violators"; to the Committee on the Judiciary.
By Delegates H. White. Kominar, Ron Thompson, Perry, Hamilton and Cann:
H. B. 3113 - "A Bill to amend and reenact §46A-5-101 of the Code of West Virginia, 1931,
as amended, relating to limiting to one year the time that an action may be brought for a violation
of the Consumer Protection Act involving consumer credit sales or consumer loans made pursuant
to revolving charge accounts or revolving loan accounts; and providing certain exceptions"; to the
Committee on the Judiciary.
By Delegate Spencer:
H. B. 3114 - "A Bill to amend and reenact §18-5A-5 of the Code of West Virginia, 1931,
as amended, relating to granting the faculty senate authority to make decisions on new programs and
curriculum"; to the Committee on Education then the Judiciary.
By Delegate Hatfield, Martin, Perdue, Marshall, Yost, Kominar and Long:
H. B. 3115 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-42-1, relating to ensuring patient safety; defining terms;
creating an "acuity-based patient classification system;" assigning powers and duties to the Bureau
for Public Health; establishing minimum direct-care registered nurse to patient ratios; requiring
annual staffing plans and certifications as a condition of licensing; requiring an annual audit;
providing additional conditions for licensing; prohibiting assignment of unlicensed personnel to
perform licensed nurse functions; requiring a full-time registered nurse executive leader; providing
for quality assurance; requiring appropriate orientation and competence in clinical area of assignment
with documentation thereof to be maintained in personnel files; prohibiting understaffing of other personnel; prohibiting mandatory overtime and on-call policies except in emergencies; providing for
violations and civil penalties; and posting notices of violations"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegate Ennis:
H. B. 3116 - "A Bill to amend and reenact §8-22-25 of the Code of West Virginia, 1931, as
amended, relating to municipal police and firemen pension plans; providing that where a member's
service has been interrupted by military service, that member may receive retirement benefits
immediately upon retirement"; to the Committee on Pensions and Retirement then Finance.
By Delegates H. White, Kominar, Ron Thompson, Perry and Hamilton:
H. B. 3117 - "A Bill to amend and reenact §33-4-15 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §33-4-21, all relating
to reinsurance and a reinsurer's liability in an insolvency"; to the Committee on Banking and
Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 3118 - "A Bill to amend and reenact §32A-3-1 of the Code of West Virginia, 1931,
as amended, relating to raising the fee for persons that are permitted to cash checks from one percent
to three percent"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Varner, Williams, Crosier, Kominar, Stemple,
Beane, Perry, H. White, Michael and Campbell:
H. B. 3119 - "A Bill to amend and reenact §20-1-10 of the Code of West Virginia, 1931, as
amended, relating to providing that the Division of Natural Resources may not reduce the habitat
land acreage available for hunting and shooting opportunities unless the Division opens other areas
to recreational hunting and shooting so that there is not a net loss of habitat land acreage available
for hunting and shooting"; to the Committee on Agriculture and Natural Resources then the
Judiciary.
By Delegates Overington, Schadler and Brown:
H. B. 3120 - "A Bill to amend and reenact §61-8-19a and §61-8-19b of the code of West
Virginia, 1931, as amended, all relating to providing the same protection from animal fighting to all
animals and extending the application of criminal penalties"; to the Committee on Agriculture and
Natural Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump:
[By Request of the Executive]:
H. B. 3121 - "A Bill to repeal §18B-1-7 and §18B-1-9 of the Code of West Virginia, 1931,
as amended; to repeal §18B-2-1, §18B-2-2 and §18B-2-3 of said code; to repeal §18B-3-1, §18B-3-2,
§18B-3-3, §18B-3-5 and §18B-3-7 of said code; to repeal §18B-5-2d of said code; to repeal
§18B-14-11 of said code; to amend and reenact §5G-1-2 of said code; to amend and reenact §5-6-4A
of said code; to amend and reenact §12-3-5, §12-3-6, §12-3-7 and §12-3-8 of said code; to amend
and reenact §18B-1-3 and §18B-1-6 of said code; to amend and reenact §18B-1A-2 and §18B-1A-6
of said code; to amend and reenact §18B-1B-4, §18B-1B-5 and §18B-1B-6 of said code; to amend
said article by adding thereto a new section, designated §18B-1B-13; to amend and reenact
§18B-2A-3 and §18B-2A-4 of said code; to amend said code by adding thereto a new section,
designated §18B-2B-9; to amend said code by adding thereto four new sections, designated
§18B-3-1, §18B-3-2, §18B-3-3 and §18B-3-4; to amend and reenact §18B-4-5, §18B-4-5a, §18B-4-6
and §18B-4-7 of said code; to amend and reenact §18B-5-3, §18B-5-4, §18B-5-7 and §18B-5-9 of
said code; to amend said code by adding thereto a new section, designated §18B-5-10; to amend and
reenact §18B-10-1, §18B-10-5 and §18B-10-6 of said code; to amend said code by adding thereto
a new section, designated §18B-10-6a; to amend said code by adding thereto a new section,
designated §18B-11-7; and to amend said code by adding thereto a new section, designated
§18B-14-12, all relating to higher education; providing flexibility measures for certain state
institutions of higher education; transferring powers, authorities responsibilities and duties between
certain entities; definitions; excepting certain institutions from certain requirements for selecting
engineering and architectural services; excepting certain institutions from certain required reports to Joint Committee and Government and Finance regarding real property contracts and agreements;
requiring transfer of real property under certain circumstances from Higher Education Policy
Commission to certain institutions; clarifying real property retention rights of Policy Commission
for certain jointly used real property; modifying format and documentation requirements for
acceptance of certain documents by State Auditor; expanding permissible uses for purchase card;
transferring to State Auditor certain duties regarding purchase cards; transferring to State Auditor
authority to approve certain purchase card payments designated to exceed the purchase amount
limits, and to set the amount by which such payments may exceed the limits; exempting certain
institutions from certain document submission requirements for travel expense reimbursement;
clarifying requirements for promulgation of higher education rules; requiring certain institutions to
promulgate certain rules; establishing certain requirements for rule adoption, validation, enforcement
and reporting; limiting certain authorities when rules not adopted; transferring to certain institutions
authority for compact and master plan development, review and approval; limiting Policy
Commission jurisdiction, power, responsibility and authority regarding certain institutions;
modifying Policy Commission duties; expanding Policy Commission discretion in setting Chancellor
salary; specifying limitation of certain entities on exercising certain authorities and fulfilling certain
responsibilities; modifying responsibility for assigning institutions' geographic areas of
responsibility; limiting circumstances when certain institutions are required to collaborate in
providing certain graduate-level programs; transferring to certain institutions authority for capital
project need identification, prioritization and selection; modifying criteria considered for capital
project selection; extending to certain institutions authority to approve compensation package for
president; preserving the jurisdiction and authority of certain higher education entities to manage
technology; clarifying authority of Policy Commission to assess certain fees; specifying when
discharging certain duties requires consultation among various higher education entities; transferring
to certain institutions authority to approve tuition and fee increases, review and approve academic
programs, develop capitol budgets and set standards for conferring degrees; exempting certain institutions from Attorney General and Policy Commission approval requirements for executing
certain documents, instruments and purchases; requiring study and report of recommendations
relating to higher education personnel issues; establishing scope of personnel study and charges for
implementation; modifying requirements and authorities regarding delegation of powers by certain
higher education entities; expanding and modifying the powers and duties of research, doctoral-
granting public universities and their governing boards; providing legislative findings, purpose and
intent for such expansion and modification; for certain institutions expanding authority and
establishing parameters and procedures for donating certain surplus computers and related items;
limiting application to certain institutions of certain surplus item disposal requirements; defining the
relationship between the Policy Commission and certain governing boards, and between the West
Virginia Council for Community and Technical College Education and certain governing boards;
establishing and defining the duties of certain governing boards to address state priorities and the
goals for post-secondary education established by the Legislature, and defining the state priorities,
and requiring annual report of progress; expanding jurisdiction of certain campus police officers in
certain situations; expanding jurisdiction of certain parking and vehicle operating violations for
certain institutions; specifying certain acceptable qualifications for employment as campus police
officer at certain institutions; expanding responsibility of certain institutions to investigate certain
crimes; expanding authority of certain institutions to expend the excess of certain parking fees
collected; increasing fines and expanding penalty options for certain parking and vehicle operating
violations at certain institutions; exempting certain institutions from requirements to participate in
certain cooperative purchasing and operating arrangements; specifying responsibility of certain
institutions for ensuring fiscal integrity of operations; establishing requirements for implementing
best business and management practices for certain institutions, including certain required reports;
requiring study of insurance and risk management programs and subsequent report; specifying scope
and parameters of insurance and risk study; expanding discretion of certain institutions to offer
undergraduate and graduate level fee waivers, eliminating certain waiver award restrictions and requiring rule governing waivers; requiring certain institutions to establish a nonprofit Regional
Brownfield Assistance Center; defining Assistance Center service regions; establishing Assistance
Center powers and duties; creating Governor's Commission on Graduate Study in Science,
Technology, Engineering and Mathematics, establishing membership, assigning charge to
Commission, providing legislative findings and requiring report to Legislative Oversight
Commission on Education Accountability; deleting, repealing and updating certain obsolete
provisions; and making technical corrections"; to the Committee on Education then Finance.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
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.
On the passage of the bills, the yeas and nays were taken (Roll No. 143), 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: Butcher, Manchin, Perry and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (H. B. 2783, H. B. 2837, Com. Sub. for H. B. 2936 and H. B. 3018) passed.
Delegate Staton moved that H. B. 2783 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 148), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Butcher, Manchin, Perry and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2783) 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 each read a second
time and ordered to engrossment and third 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,
And,
Com. Sub. for H. B. 2626, Providing that active military personnel stationed in this state
need not obtain a hunting, fishing or trapping permit.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. B. 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,
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,
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,
H. B. 3105, Creating a special revenue fund for the provision of occupational safety and
health initiatives,
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.
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed
with him for the removal of a bill from the Consent Calendar to the House Calendar:
Com. Sub. for H. B. 2911, on first reading, Consent Calendar, to the House Calendar, by
Delegate Trump.
Special Calendar
Unfinished Business
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; 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.
H. C. R. 43, Requesting the State of West Virginia and the United States Federal
Government to recognize that the counties of Berkeley and Jefferson are part of the historic
Shenandoah Valley, 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.
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**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.
Third Reading
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 reported by the Clerk.
At the request of Delegate Amores, and by unanimous consent, the rule was suspended to
permit the offering and consideration of amendments on third reading.
On motion of Delegate Amores, the bill was then laid over until tomorrow.
H. B. 2814, Relating to financially-related activities of State-charted Banking Institutions;
on third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
Second Reading
S. B. 476, Allowing use of red-colored artificial light when hunting coyotes; on second
reading, coming up in regular order, was read a second time.
Delegate Trump moved to amend the bill on page nine, section five, line one hundred fifty-
nine, after the word "wildlife" by inserting the following: "Provided, That on or after the first day
of July, two thousand five, a Class Y permit shall be a special statewide hunting permit and shall
entitle the permittee to use a crossbow to hunt all legal wildlife as determined by the director during
the designated season. A Class Y permit is valid for thirty-six months and may be renewed. An
application shall be furnished by the director and a Class Y permit allowing the holder to use a
mouth tab, body brace, a modified compound or recurve or long bow or crossbow, during West
Virginia?s archery seasons shall be issued to applicants who meet the following requirements:(A)
he or she holds a Class Q permit; or(B) he or she has a permanent and substantial loss of function
in one or both hands while failing to meet the minimum standards of the upper extremity pinch, grip
and nine-hole peg tests administered under the direction of a physician; or(C) a permanent and substantial loss of function in one or both shoulders while failing to meet the standards of the
standard shoulder strength test, administered under the direction of a physician. The application form
shall include a written statement or report prepared by a physician, prepared no more than six months
preceding the application and verifying that the applicant is physically disabled as described in this
section. Only crossbows meeting all the following specifications may be used for hunting in West
Virginia:(A) the crossbow has a minimum draw weight of one hundred twenty-five pounds and a
maximum draw weight of two hundred pounds;(B) the crossbow has a working safety; and (C) the
crossbow is used with bolts or arrows of not less than fourteen inches in length with a broad head.
A Class Y permit must be accompanied by a valid statewide hunting license or the applicant must
be exempt from hunting licenses as provided in this chapter".
Delegate Stemple arose to a point of order as to the germaneness of the amendment.
The Speaker stated that the fundamental purpose of the bill was to permit legal hunting of
coyotes by the use of amber-colored light and that the fundamental purpose of the amendment would
permit crossbow hunting for certain individuals, and, following consultation with the Clerk, ruled
that the fundamental purpose of the amendment was not germane to the fundamental purpose of the
bill to which it was offered.
The bill was then ordered to third reading.
Com. Sub. for H. B. 2229, Providing for the temporary detention of juvenile perpetrators
of domestic violence; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Amores, the bill was amended on page seven, section four hundred
three, line one hundred five, after the word "attorney" by striking out the words "shall then
immediately" and by inserting the word "may" and on line one hundred eight immediately before
the period by inserting the words "within two judicial days".
And
On page eleven, section seven, line seventy-five, after the word "attorney" by striking out
the words "shall then immediately" and by inserting the word "may" and on line seventy-seven, immediately before the period by inserting the words "within two judicial days".
There being no further amendments, the bill was then ordered to engrossment and third
reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2117, Increasing the title examination costs charged by the clerk of the county
commission to redeem real estate,
And,
Com. Sub. for H. B. 2522, Relating to creating and licensing mini-distilleries.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Butcher, Manchin, Perry and Schadler.
Miscellaneous Business
Delegate Stevens asked and obtained unanimous consent that the remarks of Delegates Blair
and Duke concerning the trash problem in the Eastern Panhandle be printed in the Appendix of the
Journal.
Delegate Ron Thompson announced that he was absent on Friday when the votes were taken
on Roll Nos. 131 through142, and had he been present he would have voted "Yea" thereon.
At 2:18 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Tuesday, March 22, 2005.