_________*__________
Monday, March 6, 2006
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 3, 2006, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 774, Organizing offices in Department of Environmental Protection,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 774)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 556, Relating to state parks and recreation system operational contracts,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 556)
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 364, Removing sunset provision from West Virginia Jobs Act,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 364)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to 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:
S. B. 591, Authorizing Tax Commissioner collect cost of federal refund offset fees,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 591)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 489, Authorizing Treasurer provide remittance processing and e-government services
to political subdivisions,
And,
S. B. 614, Relating to Auditor's authorization for direct deposit payment,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, but that they first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 489
and S. B. 614) were taken up for immediate consideration, read a first time, ordered to second
reading and then, in accordance with the former direction of the Speaker, referred to the Committee
on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 13, Requiring cross-reporting of suspected abuse or neglect of individuals or animals,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 13)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to 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:
Com. Sub. for S. B. 576, Changing calculation of prejudgment and post-judgment interest,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 576) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a report from the Joint Committee on Government and
Finance, which was read by the Clerk as follows:
Joint Committee on Government and Finance
West Virginia Legislature
State Capitol
Charleston, WV
March 2, 2006
West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:
The Joint Committee on Government and Finance submits this report on studies and other
matters it authorized to be made between the 2005 and 2006 regular sessions of the Legislature.
A.The Joint Committee on Government and Finance authorized the following
subcommittees:
- Agriculture and Agri-business Committee
Parks, Recreation and Natural Resources Subcommittee
Post Audits Subcommittee
- Joint Committee on Technology
Select Committee A - Child Protective Services and Other Matters
-
Select Committee B - Juvenile Studies
- Select Committee C - Infrastructure
- Select Committee D - Minority Issues
B.The Joint Committee on Government and Finance received reports from the
following:
-
Agriculture and Agri-business Committee
- Joint Commission on Economic Development
-
Education Subcommittee A - Higher Education
- Education Subcommittee B - Public Education
- Education Subcommittee C - School Aid Formula
- Joint Standing Committee on Finance
- Legislative Oversight Commission on Health and Human Resources
Accountability
- Insurance Availability and Medical Malpractice Insurance Committee
- Commission on Interstate Cooperation
- Joint Standing Committee on Pensions
- Select Committee A - Child Protective Services and Other Matters
- Select Committee B - Juvenile Studies
- Select Committee C - Infrastructure
- Select Committee D - Minority Issues
- Legislative Oversight Commission on Workforce Investment for
Economic Development
C.The Joint Committee on Government and Finance received statutorily required
reports from the following:
1.West Virginia Forest Management Review Commission
D.The Joint Committee on Government and Finance assigned studies to its
subcommittees and to statutory committees/commissions as follows:
Agriculture and Agri-business Committee
Impact of use of biosolids from wastewater plants in agricultural production
on the environment
Subjects related to State's natural resources
Production of bio-diesel fuels using agricultural waste products;
Regulation of exotic animals
- Joint Commission on Economic Development
Creation of a small disadvantaged business loan pool
Participation of minority and other disadvantaged small businesses in the
process of competing for and obtaining state contracts
Feasibility of expanding Tamarack's appeal in the eastern United States by
establishing a greater regional presence
Economic benefits of distributing discount coupons designed to encourage
participation in various in-state tourism and recreational activities
Expanding the scope of the Public Energy Authority
Making the State Capitol a tourist destination
Legislative Oversight Commission on Health and Human Resources
Accountability
Availability and distribution of long-term care beds in state
Increasing role sanitarians play in protecting public health
Determine need for a Colon Cancer Detection and Prevention Board; Most
effective way for the State to assist in the prevention and treatment of
cervical cancer
Oversight of pharmaceutical availability and affordability
Select Committee A - Child Protective Services and Other Matters
Issues involving volunteer firefighters
Recruitment and retention of Child Protective Services workers
Issues related generally to Child Protective Service workers
- Select Committee B - Juvenile Studies
Requesting continuation of Legislative Task Force on Juvenile Foster Care,
Detention and Placement
Alternatives to out-of-state placement of children
Mental health services for adolescents to reduce suicide and delinquency rates
- Select Committee C - Infrastructure
Energy policy for state
Fiscal affairs of state water and sewer utilities
Development of a coordinated deployment and operation of broadband
internet access throughout the state
Intermodal transportation
Highway authorities in state
Intermodal transportation in state;
Transportation and other infrastructure issues
E.The Joint Committee on Government and Finance referred adopted study resolutions
and other areas of study as listed below to the following standing committees it
authorized to meet between the 2005 and 2006 regular sessions of the Legislature:
1.Joint Standing Committee on Education
Expansion of in-home family education programs - Early Parent Education
School Aid Formula
2.Joint Standing Committee on Finance
Concept of including clinic-based healthcare as a prepaid limited health
service
Court appointed counsel and Public Defender Services;
Cost of operating regional jails
Potential benefits of new municipal solid waste landfills, transfer stations and
recycling facilities
West Virginia Tax Code
Actions that may be undertaken to ensure the competitiveness of West
Virginia's coal industry
Matters affecting funding of the Unemployment Compensation Trust Fund
3.Joint Standing Committee on Government Organization
Issues related to metro-government
Stocking bass in the Ohio River
Awarding of state contracts, loans, grants and industrial revenue bonds to
companies outsourcing certain jobs
Need to provide low-cost spay and neuter programs across the state
West Virginia Board of Dental Examiners
4.Joint Standing Committee on the Judiciary
Drug problem in West Virginia
Issues involving compulsive gambling in state
Feasability of requiring refundable deposit on all beverage containers
Need for legislation to address the issue of vicious dogs
G.The Joint Committee on Government and Finance also received monthly and
quarterly status reports on the following:
Board of Risk and Insurance Management
Children's Health Insurance Program
Department of Health and Human Resources
Leasing Report, Department of Administration
Lottery
Medicaid
Public Employees Insurance Agency
State's General Revenue Fund
Unemployment Compensation Trust Fund
Workers' Compensation Trust Fund
Post audit reports released by the Post Audits Subcommittee are on file in the Post Audit
Division of the Legislative Auditor's Office. Other reports are on file in the Legislative Manager's
Office.
Respectfully submitted,
Earl Ray Tomblin,
President of the Senate
Robert S. Kiss
Speaker of the House of Delegates
Cochairs, Joint Committee on
Government and Finance.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 4751, Extending the time for the Board of Education of the County of Grant to meet
as a levying body.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"THE BOARD OF EDUCATION OF GRANT COUNTY MEETING AS LEVYING BODY
EXTENDED.
§1. Extending time for the board of education of Grant County to meet as a levying body for
an election for an additional excess levy.
Notwithstanding the provision of article eight, chapter eleven of the Code of West Virginia,
1931, as amended, the board of education of Grant County is hereby authorized to extend the time
for its meeting as a levying body, setting the levy rate and certifying its actions to the State Tax
Commissioner from between the seventh and twenty-eighth days of March and the third Tuesday in
April until the third Tuesday in May, two thousand six, for the purpose of presenting to the voters
of the county an election for an additional excess levy to provide funding for the operation,
maintenance and repair of schools and to pay school personnel."
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. 335), and there were--yeas
97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Howard and Schoen.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4751) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 336), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Howard and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4751) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Resolutions Introduced
Delegates Hamilton, Poling and Stalnaker offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 88 - "Requesting the Division of Highways to name the bridge located on Corridor
H in the City of Buckhannon, West Virginia at the Main Street Exit the 'Trooper J. D. "Dave" Harris
Memorial Bridge'."
Whereas, Trooper J. D. "Dave" Harris of the Buckhannon Detachment of the West Virginia
State Police, died as a result of injury received in a two vehicle accident on Route 20 just south of Buckhannon on July 11, 1985. Trooper Harris was answering a robbery-in-progress alarm in the
Rock Cave area and collided head-on with a pickup truck; and
Whereas, Trooper "Dave" Harris was born in Richwood, West Virginia, on August 21,
1954, and enlisted in the Department of Public Safety on June 5, 1978. After graduating from the
State Police Academy, he was assigned to the Buckhannon Detachment where he remained until
November 15, 1983. At that time he resigned from the Department of Public Safety to accept
employment with the Department of Corrections as Superintendent of Salem School for Youth. On
March 15, 1984, he resigned this position and re-enlisted in the Department and was again stationed
at Buckhannon; and
Whereas, He was a very devoted church member and participated in many community
functions, being especially interested in little league football as the assistant coach of the
Buckhannon Cubs. He once told a local sportswriter that he felt that if he could spend enough time
with the kids while they were young it might reduce the possibility of having to deal with them
professionally when they became adults; and
Whereas, "Dave" as he was known to his friends, was an avid sportsman. He enjoyed
weight lifting and looked forward to the annual "Turkey Bowl" football games played in Harrison
County. He played football like he did everything else, with intense desire and determination; and
Whereas, Trooper J. D. "Dave" Harris, an unsung and fallen hero of this state who served
and protected its citizens, died before his time and is survived by his wife, Joyce Lee Angus Harris,
and daughter, Natalie Harris Hissam, grandsons, Trey David Hissam and Gavin Thomas Hissam, his
mother, Mildred Cochran and father, Ottie Harris and his sister Janie McDaniels and brother Tom
Harris; and therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge located
on Corridor H in the City of Buckhannon, West Virginia at the Main Street Exit the "Trooper J. D.
'Dave' Harris Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to post signs thereon with words, printed in bold and prominent fashion, designating the bridge as
the "Trooper J. D. 'Dave' Harris Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and
to the family of Trooper J. D. "Dave" Harris.
Delegates Barker, Hrutkay, Moore, Wells, Amores, Caputo, Fragale, Hall, Hunt, Longstreth,
Miley, Palumbo, Paxton, Stephens, Argento, Boggs, Wysong, Eldridge, Marshall, Poling and Tansill
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 89 - "Requesting the Joint Committee on Government and Finance study sludge
impoundments and slurry injections to determine if there are alternative methods of reducing or
eliminating the environmental and safety impacts of coal mining byproducts."
Whereas, In the early morning hours of Oct. 11, 2000, it was discovered that an inrush of
water and slurry from an impoundment had entered the underground workings of an abandoned mine
of the Martin County Coal Corporation near Pilgrim, Ky. Reports indicated more than 250 million
gallons of sludge-water containing coal dust and other mine waste-poured into the underground
mine, bursting through portals and, eventually flowed into tributaries of the Big Sandy River; and
Whereas, In 1972, the tragic failure of the coal waste dam at Buffalo Creek occurred and as a result of this failure, federal regulations were promulgated requiring mining companies, which
have dams that meet the size or hazard criteria spelled out in these regulations, to submit an
engineering design plan for these impoundments; and
Whereas, Since the regulations were implemented there were four instances in which a coal
waste impoundment failed, causing environmental damage but without loss of human life; and
Whereas, Residents and property owners downstream or near these impoundments live with
the constant threat that an impoundment may fail; and
Whereas, Advances in coal technology may provide an alternative to current sludge
management practice which is safer, more environmentally friendly and less costly in the long run;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study sludge
impoundments and slurry injections to determine if there are alternative methods of reducing or
eliminating the environmental and safety impacts of coal mining byproducts; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2007, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Brown, Barker, Butcher, Eldridge, Hatfield, Hrutkay and Palumbo offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 90 - "Requesting the Division of Highways to make and place a memorial sign to
read, 'In Loving Memory of Joe King, November 18th, 2005, Will Never Be Forgotten' fifteen yards
in front of the Foster Hollow sign on State Route 3, between Racine and Madison, Boone County,
West Virginia."
Whereas, Joseph Edward "Joe" King, Jr., who was born in Hernshaw, West Virginia, raised
in Marmet, attended Dupont High School, and who resided in Nitro, was a true citizen pillar of the
great State of West Virginia; and
Whereas, Among his many endeavors and activities in life, Joe King was a true gentleman,
and a dedicated employee of Protection Services, Incorporated; and
Whereas, Joe King was a United States Navy Veteran; and
Whereas, Joe King was an avid outdoorsman who loved to hunt and fish throughout our
great state; and
Whereas, Joe King was considered by friends, family and all who knew him to be an
excellent vocalist and musician; and
Whereas, Joseph Edward "Joe" King, Jr., was a caring, compassionate, loving, and devoted
husband and father, a kindly and generous man, and a devout Christian; and
Whereas, The passing of this tireless and dedicated life from the earthly bonds of this world
leaves behind a proud and distinguished legacy upon which both family and friends may find solace,
and from which fellow veterans and fellow citizens will find an example worthy of emulation; and
Whereas, As a small token of this collective legislative bodies' recognition of this dedicated
citizen, veteran and family man's exceedingly moral, generous and compassionate life it is hereby
decreed that the Division of Highways shall have made and place a memorial sign to read "In Loving Memory of Joe King, November 18th, 2005, Will Never be Forgotten," fifteen yards in front of the
Foster Hollow sign on State Route 3, between Racine and Madison, Boone County, West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to have made and be placed
a memorial sign to read, "In Loving Memory of Joe King, November 18th, 2005, Will Never be
Forgotten," fifteen yards in front of the Foster Hollow sign on State Route 3, between Racine and
Madison, Boone County, West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
Resolution to the Commissioner of the Division of Highways, and the family of Mr. King, including
his wife Judy, his son Justin Curtis, and his daughter Jessica, of Nitro, West Virginia, and his mother
Carrie Clark and father James H. Clark of Marmet, West Virginia.
Delegate Trump offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 91 - "Requesting the Joint Committee on Government and Finance to study proper
and fitting activities to honor Abraham Lincoln on the occasion of the bicentennial anniversary of
his birth."
Whereas, On February 12, 1809, Abraham Lincoln was born in Hardin County, Kentucky,
and rose to the presidency through a legacy of honesty, integrity, intelligence and commitment to the
United States; and
Whereas, Through a legacy of honesty, integrity, intelligence and commitment to the United
States, Abraham Lincoln became the 16th president of the United States; and
Whereas, Abraham Lincoln was the nation's most beloved leader, demonstrating true
courage during one of the greatest crisis in the history of this nation, the Civil War; and
Whereas, With the belief that all men are created equal, Abraham Lincoln signed the
Emancipation Proclamation freeing slaves in the United States; and
Whereas, Abraham Lincoln had a generous heart, with malice toward none and with charity
for all; and
Whereas, On December 31, 1862, President Abraham Lincoln wrote, "I believe the
admission of West Virginia into the Union is expedient;" and
Whereas, On January 20, 1863, the Statehood Bill for West Virginia was approved by
President Abraham Lincoln; and
Whereas, Abraham Lincoln made the ultimate sacrifice for the country he loved, dying from
an assassin's bullet on April 15, 1865; and
Whereas, All West Virginians will benefit from studying the life of Abraham Lincoln, for
his life was a model for leadership through honesty, integrity, loyalty and a lifetime of education;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study activities
that may be carried out by the State of West Virginia as fitting and proper to honor Abraham Lincoln
on the occasion of the bicentennial anniversary of his birth; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2007, the activities that it considers most fitting and proper to honor
Abraham Lincoln on such occasion and the state agency or agencies that it considers most appropriate to carry out such activities, together with drafts of any legislation necessary to effectuate
its recommendation; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Long, H. White, Ellem, Amores, Argento, Wells, Eldridge, Hatfield, Barker and
Walters offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 92 - "Requesting the Joint Committee on Government and Finance, with the
consultation and participation of the office of the Consumer Advocate within the agency of the
Insurance Commissioner, to study the conundrum presented by a conflict between the statutory
standards and requirements governing the practice of medicine and related health care occupations
and underwriting guidelines governing the issuance of medical professional liability insurance
policies,"
Whereas, There is a need to ensure the availability of health care for the citizens of this
State; and
Whereas, Nurse practitioners, physicians assistants and nurse anesthetists are critical to
providing care to West Virginians; and
Whereas, The scope of practice of all health care providers is set forth in Code; and
Whereas, Physicians utilizing nurse practitioners and physicians assistants are required to
have collaborative agreements in place intended to enhance the availability of care; and
Whereas, Restricting the scope of practice of mid-level health care providers could negatively impact the availability of health care in this State, especially in the rural areas; and
Whereas, An underwriting guideline requiring that a physician be on site at all times a mid-
level practitioner sees patients conflicts with the statutory scope of practice of mid-level practitioners
and limits the availability of care; and
Whereas, The availability and affordability of medical malpractice insurance is also
important to continued access to care; and
Whereas, Underwriting guidelines address the risks associated with insured activity and
provide the basis for the cost of insuring against the risk; and
Whereas, Underwriting guidelines that restrict the lawful practice of mid-level health care
providers can result in reduced access to health care for patients in this State; and
Whereas, The Legislature needs to ensure access to health care and access to affordable
medical malpractice insurance; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance, with the consultation and
participation of the office of the Consumer Advocate within the agency of the Insurance
Commissioner, study the statutory standards and requirements governing the practice of mid-level
health care occupations and the underwriting guidelines governing the issuance of medical
professional liability insurance policies to these professionals to resolve any conflicts between the
two which affects the State's ability to provide health care to its citizens; and, be it
Further Resolved, That the Joint Committee on Government and Finance report on its
findings, conclusions and recommendations, together with drafts of any legislation necessary to
effectuate its recommendations, to the next regular session of the Legislature 2007; and, be it
Further Resolved, That the expenses necessary to carry out its duties, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Trump, Armstead, Hall, Hamilton, Beach, Varner, Pino, Craig, Paxton, Doyle,
Williams, Amores, Hrutkay, Campbell, Morgan, Hartman, Ashley, Pethtel, Mahan and Talbott
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 93 - "Requesting the Governor proclaim the fourth Friday of April, each year, as
'Children's Memorial Flag Day' in the State of West Virginia."
Whereas, Tragic acts of violence against children are occurring with increasing frequency
throughout the State of West Virginia and the United States. These violent acts are destroying
innocent lives and devastating families and communities; and
Whereas, Too many of West Virginia's children have been lost in violent, preventable
deaths through guns, fire, automobile accidents, physical violence and suicide; and
Whereas, In celebration of life, diversity and hope for the future, the citizens of West
Virginia should condemn acts of violence committed against our children; and
Whereas, A Children's Memorial Flag has been obtained by the State of West Virginia and
should be flown on the fourth Friday of April each year, in remembrance of young lives lost in
senseless acts of violence; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor proclaim the fourth Friday of April, each
year, as "Children's Memorial Flag Day" in the State of West Virginia; and, be it
Further Resolved, That the Children's Memorial Flag be flown on the fourth Friday of April, each year, in remembrance of those young lives lost in senseless acts of violence; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
certified copy of this resolution to the Governor.
Consent Calendar
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 S. B. 243, Relating to banks' self-ownership of stock,
S. B. 269, Relating to parity for state-chartered banks' investments,
S. B. 630, Relating to cancellation of combination insurance policies,
And,
H. B. 4312, Increasing the compensation of child support enforcement attorneys.
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 S. B. 51, Relating to name change for certain persons,
Com. Sub. for S. B. 170, Creating Health Information Network,
S. B. 213, Continuing Consolidated Public Retirement Board,
S. B. 214, Continuing Real Estate Commission
S. B. 215, Continuing Board of Examiners in Counseling,
S. B. 218, Continuing Capitol Building Commission,
S. B. 371, Reducing severance tax on timber,
Com. Sub. for S. B. 473, Creating crime of reckless driving resulting in serious bodily
injury,
Com. Sub. for S. B. 509,Clarifying automobile franchise law,
S. B. 516, Finding and declaring claims against state,
S. B. 529, Updating meaning of certain terms used in state Personal Income Tax Act,
S. B. 530, Updating meaning of certain terms used in state Corporation Net Income Tax Act,
S. B. 551, Relating to involuntary commitment process for addicted persons,
S. B. 582, Requiring electronic filing of certain personal income tax returns,
And,
S. B. 635, Requiring boards of education maintain certain flood insurance.
Special Calendar
Unfinished Business
H. R. 21, Condemning the persecution and repression of members of the Baha'i faith by the
Iranian government; coming up in regular order, as unfinished business, was reported by the Clerk
and adopted.
H. C. R. 67, Naming the Bowers Bridge and the High Street Bridge in Mannington in honor
of individuals who contributed greatly to the development of the City of Mannington; 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 S. B. 114, Relating to teen court program fees; 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. 337),
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 Howard.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 114) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 463, Modifying qualifications for license to practice medicine;on third reading, coming
up in regular order, with the right to amend by Delegate Beane, was reported by the Clerk.
On motion of Delegate Beane, the bill was amended on page nine, section ten, line one
hundred fifty-nine, after the word thousand by striking the word "five" and inserting in lieu thereof
the word "seven".
And,
On page nine, section ten, after line one hundred seventy-five, by adding thereto a new
subsection, designated "(g)", to read as follows:
"(g) The board may not issue a license to a person whose license has been revoked or
suspended in another state, until reinstatement of his or her license in that state."
There being no further amendments, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 338),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Ferrell and Howard.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 463) passed.
Delegate Staton moved that the bill take effect from its passage .
On this question, the yeas and nays were taken (Roll No. 339), 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 Howard.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 463) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 627, Allowing facsimile signatures on tax liens; 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. 340),
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 Howard.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 627) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 4546, Continuing additional compensation for holders of national board
for professional teaching standards certification who are subsequently employed in principal and
assistant principal positions; on third reading, coming up in regular order, was read a third time.
Delegates Ashley, Hall, Perry and H. White requested to be excused from voting on the
passage of Com. Sub. for H. B. 4546 under the provisions of House Rule 49.
The Speaker stated that the foregoing members were of a class of persons to be affected by
the passage of the bill and refused to excuse them from voting thereon.
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. 341),
and there were--yeas 68, nays 30, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Blair, Border, Brown, Duke, Ellem, Fragale, Frich, Hamilton, Hatfield,
Houston, Iaquinta, Lane, Leggett, Louisos, Marshall, Martin, Miley, Overington, Roberts, Romine,
Rowan, Schadler, Schoen, Sobonya, Spencer, Stephens, Stevens, Susman and Tansill.
Absent And Not Voting: Ferrell and Howard.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4546) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
The following bills, on motion of Delegate Staton, were each laid upon the table:
H. B. 4577, Allowing facsimile signatures while eliminating the requirement for notarization
of notices of tax liens and releases of tax liens when facsimile signatures are used,
Com. Sub. for H. B. 4724, Amending certain provisions involving the West Virginia Board
of Dental Examiners,
And,
H. B. 4783, Allowing municipal courts the option to participate in county teen court program,
with the approval of the municipality.
Second Reading
S. B. 242, Allowing state-chartered banks issue more than one class of stock; on second
reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 271, Reducing state banks' time period for retaining records; on second reading, coming
up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 521, Authorizing deer hunting in state parks; on second reading, coming
up in regular order, was read a second time.
On motion of Delegate Amores, the bill was amended on page eight, section two, line one
hundred forty-one, by striking out subdivision (15) in its entirety and inserting in lieu thereof the
following:
"(15) Notwithstanding the provisions of section fifty-eight, article two, of this chapter, the
Natural Resources Commission is authorized to promulgate rules in accordance with the provisions
of article three, chapter twenty-nine-a of this code, to permit and regulate the hunting of white-tail
deer in any state park as deemed appropriate by the director to protect the ecological integrity of the area."
The bill was then ordered to third reading.
S. B. 619, Relating to Physicians' Mutual Insurance Company board member's term; on
second reading, coming up in regular order, was read a second time and ordered to third reading.
H. B. 4791, Giving counties plenary power to impose, administer, collect and enforce
payment of voter approved service fees; on second reading, coming up in regular order, was read a
second time.
An amendment recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page five, section eleven, line fifty-nine, following the word "from",
by inserting the word "an".
On page eight, section twelve, line thirty-eight, by striking out the word "city" and inserting
in lieu thereof the word "county".
On page nine, section twelve, line forty, by striking out the word "city" and inserting in lieu
thereof the word "county".
On page eleven, section thirteen, line two, by striking out the word "funds" and inserting in
lieu thereof the word "fund".
And,
On page eleven, section thirteen, line eight, by striking out the word "funds" and inserting
in lieu thereof the word "fund".
The bill was then ordered to engrossment and third reading.
S. B. 673, Authorizing county service fees for infrastructure projects; bonding authority; on
second reading, coming up in regular order was read a second time.
On motion of Delegate Staton, the bill was amended on page two, by striking out everything
after the enacting clause and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto fourteen
new sections, designated §7-20-11, §7-20-12, §7-20-13, §7-20-14, §7-20-15, §7-20-16, §7-20-17,
§7-20-18, §7-20-19, §7-20-20, §7-20-21, §7-20-22, §7-20-23 and §7-20-24, all to read as follows:
ARTICLE 20. FEES AND EXPENDITURES FOR COUNTY DEVELOPMENT.
§7-20-11. Additional powers.
(a) In addition to any other powers which a county may now have and not withstanding the
provisions of section six of this article, each county, by and through its county commission, shall
have the following powers:
(1) To acquire, whether by purchase, construction, gift, lease or otherwise, one or more
infrastructure projects, or additions thereto, which shall be located within the county;
(2) To lease, lease with an option to purchase, sell, by installment sale or otherwise, or
otherwise dispose of, to others any infrastructure projects for such rentals or amounts and upon such
terms and conditions as the county commission may deem advisable;
(3) To establish a special infrastructure fund as a separate fund into which all special service
fees and other revenues designated by the county commission shall be deposited, and from which
all project costs shall be paid, which may be assigned to and held by a trustee for the benefit of
bondholders if special infrastructure revenue bonds are issued by the county commission; and
(4) To impose a county-wide service fee to pay the costs of one or more infrastructure
projects including, but not limited to, the payment of debt service on any revenue bonds issued under
section thirteen of this article.
(b) For purposes of this section and its implementation and use:
(1) 'Capital improvements' means the following public facilities or assets that are owned,
supported or established by a county commission:
(A) Water treatment and distribution facilities;
(B) Wastewater treatment and disposal facilities;
(C) Sanitary sewers;
(D) Storm water, drainage, and flood control facilities; and
(E) Public road systems including, but not limited to, rights-of-way, lighting, sidewalks and
gutters.
'Capital improvements' as defined herein is limited to those improvements that are treated
as capitalized expenses according to generally accepted governmental accounting principles and that
have an expected useful life of no less than three years. 'Capital improvement' does not include
costs associated with the operation, repair, maintenance, or full replacement of capital
improvements. 'Capital improvement' does include reasonable costs for planning, design,
engineering, land acquisition, and other costs directly associated with the capital improvements
described herein, whether incurred prior to or subsequent to imposition of a county-wide service fee.
This includes costs incurred by a developer prior to imposition of the county-wide service fee that
would have been incurred by the county commission as part of the cost of capital improvement,
provided such costs were not incurred more than thirty-six months before the county commission
adopts the order imposing the county-wide service fee, or such shorter period, as determined to be
reasonable in the sole discretion of the county commission.
(2) 'Plan' means the plan for special infrastructure projects that includes one or more capital
improvements, as defined in this section that is adopted by a county commission in conformity with
the requirements of this article.
(c) Before commencing certain infrastructure projects, the county commission shall obtain
written confirmations from affected public utility or the West Virginia Department of Transportation
or other agency, as provided in this section:
(1) If the project includes water, wastewater or sewer improvements, the county commission
shall obtain from the utility or utilities that provide service in the area or areas where the
improvements will be made that the utility or utilities:
(A) Currently has adequate capacity to provide service without significant upgrades or
modifications to its treatment, storage or source of supply facilities;
(B) Will review and approve all plans and specifications for the improvements to determine
that the improvements conform to the utility's reasonable requirements and, if the improvement
consists of water transmission or distribution facilities, that the improvements provide for adequate
fire protection for the district; and
(C) If built in conformance with said plans and specifications, will accept the improvements
following their completion, unless the project will continue to be owned by the county commission.
(2) If the special infrastructure project includes improvements other than as set forth in
subdivision (1) of this subsection (b) that will be transferred to the West Virginia Department of
Transportation or other governmental agency, written evidence that the department or agency will
accept the transfer if the infrastructure project is built in conformance with requirements of the
Department of Transportation, or other agency, pursuant to plans and specifications approved by the
department or other agency.
§7-20-12. County-wide service fees.
(a) Notwithstanding any provision of this code to the contrary, every county shall have
plenary power and authority to impose a county-wide service fee upon each employee and self-employed individual for each week or part of a calendar week the individual works within the
county, subject to the following:
(1) No individual shall pay the fee more than once for the same week of employment within
the county.
(2) The fee imposed pursuant to this section is in addition to all other fees imposed by the
jurisdiction within which the individual is employed.
(3) The fee imposed pursuant to this section may not take effect until the first day of a
calendar month, as set forth in the order of the county commission establishing the fee, that begins
at least thirty days after a majority of the registered voters of the county voting on the question
approve imposition of the service fee, in a primary, general or a special election held in the county.
(4) The order of the county commission shall provide for the administration, collection and
enforcement of the service fee. Employers who have employees that work in the county imposing
the service fee shall withhold the fee from compensation paid to the employee and pay it over to the
county as provided in the order of the county commission. Self-employed individuals shall pay the
service fee to the county commission in accordance with the order establishing the fee.
(5) The terms 'employed,' 'employee,' 'employer' and 'self-employed' have the following
meaning:
(A) 'Employed' shall include an employee working for an employer so as to be subject to any
federal or state employment or wage withholding requirement and a self-employed individual
working as a sole proprietor or member of a firm so as to be subject to self-employment tax. An
employee shall be considered employed in a calendar week so long as the employee remains on the
current payroll of an employer deriving compensation for such week and the employee has not been
permanently assigned to an office or place of business outside the city. A self-employed individual shall be considered employed in a calendar week so long as such individual has not permanently
discontinued employment within the city.
(B) 'Employee' means any individual who is employed at or physically reports to one or
more locations within the county and is on the payroll of an employer, on a full-time or part-time
basis or temporary basis, in exchange for salary, wages or other compensation.
(C) 'Employer' means any person, partnership, limited partnership, limited liability company,
association (unincorporated or otherwise), corporation, institution, trust, governmental body or unit
or agency, or any other entity (whether its principal activity is for-profit or not-for-profit) situated,
doing business, or conducting its principal activity in the county and who employs an employee, as
defined in this section.
(D) 'Self employed individual' means an individual who regularly maintains an office or
place of business for conducting any livelihood, job, trade, profession, occupation, business or
enterprise of any kind within the county's geographical boundaries over the course of four or more
calendar weeks, which need not be consecutive, in any given calendar year.
(6) All revenues generated by the county service fee imposed pursuant to this section shall
be dedicated to and shall be exclusively utilized for the purpose or purposes set forth in the
referendum approved by the voters including, but not limited to, the payment of debt service on any
bonds issued pursuant to section thirteen of this article, and any costs related to the administration,
collection and enforcement of the service fee.
(b) Any order entered by a county commission imposing a county-wide service fee pursuant
to this part, or increasing or decreasing a county-wide service fee previously adopted pursuant to this
part, shall be published as a Class II legal advertisement in compliance with the provisions of article
three, chapter fifty-nine of this code, and the publication area for the publication shall be the county. The order shall not become effective until it is ratified by a majority of the lawful votes cast thereon
by the qualified voters of the county at a primary, general or special election, as the county
commission shall direct. Voting thereon shall not take place until after notice of the referendum
shall have been given by publication as above provided for the publication of the order after it is
adopted by the county commission. The notice of referendum shall at a minimum include: (1) The
date of the referendum; (2) the amount of county-wide service fee; (3) a general description of the
capital improvement or improvements included in the special infrastructure project to be financed
with the service fee; (4) whether revenue bonds will be issued; and (5) if bonds are to be issued, the
estimated term of the revenue bonds. The county commission may include additional information
in the notice of referendum.
§7-20-13. Bonds issued to finance infrastructure project.
(a) The county commission, in its discretion, may use the moneys in such special
infrastructure funds to finance the costs of the special infrastructure projects on a cash basis. The
county commission periodically may issue special infrastructure revenue bonds of the county as
provided in this section to finance all or part of such special infrastructure projects and pledge all or
any part of the moneys in such special infrastructure funds for the payment of the principal of and
interest on such special infrastructure revenue bonds, and for reserves therefor. Any pledge of the
special infrastructure fund for special infrastructure revenue bonds shall be a prior and superior
charge on the special infrastructure fund over the use of any of the moneys in the fund to pay for the
cost of any of such purposes on a cash basis.
(b) Such special infrastructure revenue bonds periodically may be authorized and issued by
the county commission to finance, in whole or in part, the special infrastructure projects in an
aggregate principal amount not exceeding the amount which the county commission determines can be paid as to both principal and interest and reasonable margins for a reserve therefor from the
moneys in such special infrastructure fund.
(c) The issuance of special infrastructure revenue bonds shall be authorized by an order of
the county commission and such special infrastructure revenue bonds shall bear such date or dates;
mature at such time or times not exceeding forty years from their respective dates; be in such
denomination; be in registered form, with such exchangeability and interchangeability privileges;
be payable in such medium of payment and at such place or places, within or without the state; be
subject to such terms of prior redemption at such prices; and shall have such other terms and
provisions as determined by the county commission. Such special infrastructure revenue bonds shall
be signed by the president of the county commission under the seal of the county commission,
attested by the clerk of the county commission. Special infrastructure revenue bonds shall be sold
in such manner as the county commission determines is for the best interests of the county.
(d) The county commission may enter into trust agreements with banks or trust companies,
within or without the state, and in such trust agreements or the resolutions authorizing the issuance
of such bonds may enter into valid and legally binding covenants with the holders of such special
infrastructure revenue bonds as to the custody, safeguarding and disposition of the proceeds of such
special infrastructure revenue bonds, the moneys in such special infrastructure fund, sinking funds,
reserve funds or any other moneys or funds; as to the rank and priority, if any, of different issues of
special infrastructure revenue bonds by the county commission under the provisions of this section;
as to the maintenance or revision of the amounts of such fees; as to the extent to which swap
agreements, as defined in section two-h, article two-g, chapter thirteen of this code shall be used in
connection with such special infrastructure revenue bonds, including such provisions as payment,
term, security, default and remedy provisions as the county commission shall consider necessary or desirable, if any, under which such fees may be reduced; and as to any other matters or provisions
which are considered necessary and advisable by the county commission in the best interests of the
county and to enhance the marketability of such special infrastructure revenue bonds.
(e) After the issuance of any of the special infrastructure revenue bonds, the service fee
pledged to the payment thereof may not be reduced as long as any of the special infrastructure
revenue bonds are outstanding and unpaid except under such terms, provisions and conditions as
shall be contained in the order, trust agreement or other proceedings under which the special
infrastructure revenue bonds were issued.
(f) The special infrastructure revenue bonds shall be and constitute negotiable instruments
under the Uniform Commercial Code of this state; shall, together with the interest thereon, be
exempt from all taxation by the State of West Virginia, or by any county, school district,
municipality or political subdivision thereof; and the special infrastructure revenue bonds may not
be considered to be obligations or debts of the state or of the county issuing the bonds and the credit
or taxing power of the state or of the county issuing the bonds may not be pledged therefor, but the
special infrastructure revenue bonds shall be payable only from the revenue pledged therefor as
provided in this section.
(g) A holder of the special infrastructure revenue bonds shall have a lien against the special
infrastructure fund for payment of the special infrastructure revenue bond and the interest thereon
and may bring suit to enforce the lien.
(h) A county commission may issue and secure additional bonds payable out of the special
infrastructure fund which bonds may rank on a parity with, or be subordinate or superior to, other
bonds issued by the county commission and payable from the special infrastructure fund.
(i) For purposes of this article:
(1) 'Special infrastructure revenue bonds' means bonds, debentures, notes, certificates of
participation, certificates of beneficial interest, certificates of ownership or other evidences of
indebtedness or ownership that are issued by a county commission, the proceeds of which are used
directly or indirectly to finance, or refinance special infrastructure projects within the county and
financing costs, and that are secured by or payable from the special service fees;
(2) 'Special infrastructure project' means 'capital improvements' as that term is defined in
section eleven of this article; and
(3) 'Special infrastructure fund' means that fund established and held by the sheriff of the
county or a trustee for bondholders, as the case may be, into which the special fees imposed pursuant
to section twelve of this article are deposited.
§7-20-14. Use of proceeds from sale of bonds.
(a) The proceeds from the sale of any bonds issued under authority of this article shall be
applied only for the purpose for which the bonds were issued: Provided, That any accrued interest
and premium received in any such sale shall be applied to the payment of the principal of or the
interest on the bonds sold. If for any reason any portion of the proceeds shall not be needed for the
purpose for which the bonds were issued, then the unneeded portion of the proceeds shall be applied
to the purchase of bonds for cancellation or payment of the principal of or the interest on the bonds,
or held in reserve for the payment thereof.
(b) The costs of acquiring any special infrastructure project shall be deemed to include the
following:
(1) Capital costs, including, but not limited to, the actual costs of the construction of public
works or improvements, capital improvements and facilities, new buildings, structures and fixtures,
the demolition, alteration, remodeling, repair or reconstruction of existing buildings, structures and fixtures, environmental remediation, the acquisition of equipment and site clearing, grading and
preparation;
(2) Financing costs, including, but not limited to, an interest paid to holders of evidences of
indebtedness issued to pay for project costs, all costs of issuance and any redemption premiums,
credit enhancement or other related costs;
(3) Real property acquisition costs;
(4) Professional service costs, including, but not limited to, those costs incurred for
architectural planning, engineering and legal advice and services;
(5) Imputed administrative costs, including, but not limited to, reasonable charges for time
spent by county employees in connection with the implementation of a project;
(6) Relocation costs, including, but not limited to, those relocation payments made following
condemnation and job training and retraining;
(7) Organizational costs, including, but not limited to, the costs of conducting environmental
impact and other studies, and the costs of informing the public with respect to the implementation
of project plans;
(8) Payments made, in the discretion of the county commission which are found to be
necessary or convenient to the implementation of project plans; and
(9) That portion of costs related to the construction of environmental protection devices,
storm or sanitary sewer lines, water lines, amenities or streets or the rebuilding or expansion of
streets, or the construction, alteration, rebuilding or expansion of which is necessitated by the project
plan, whether or not the construction, alteration, rebuilding or expansion is within the area or on land
contiguous thereto.
§7-20-15. No contribution by county.
(a) No county commission shall have the power to pay out of its general funds, or otherwise
contribute, any of the costs of acquiring, constructing or financing a special infrastructure project to
be acquired, constructed or financed, in whole or in part, out of the proceeds from the sale of revenue
bonds issued under the authority of this article: Provided, That this provision shall not be construed
to prevent a county from accepting donations of property to be used as a part of an infrastructure
project or to be used for defraying any part of the cost of any infrastructure project or from imposing
a service fee as provided in section twelve of this article, which is dedicated, in whole or in part, to
the infrastructure project or to payment of debt service on revenue bonds issued pursuant to this
article.
(b) The bonds issued pursuant to this article shall be payable solely from: (1) The revenue
derived from the infrastructure project or the financing thereof; (2) the service fee imposed pursuant
to section twelve of this article; or (3) any combination of these sources.
(c) No county commission shall have the authority under this article to levy any taxes for the
purpose of paying any part of the cost of acquiring, constructing or financing an infrastructure
project. However, all necessary preliminary expenses actually incurred by a county commission in
the making of surveys, taking options, preliminary planning, and all other expenses necessary to be
paid prior to the issuance, sale and delivery of the revenue bonds, may be paid by the county
commission out of any surplus contained in any item of budgetary appropriation or any revenues,
including, but not limited to, service fees, collected in excess of anticipated revenues, which shall
be reimbursed and repaid out of the proceeds of the sale of the revenue bonds.
§7-20-16. Bonds made legal investments.
Bonds issued under the provisions of this article shall be legal investments for banks,
building and loan associations, and insurance companies organized under the laws of this state and for a business development corporation organized pursuant to chapter thirty-one, article fourteen of
this code.
§7-20-17. Construction of article.
Neither this article nor anything herein contained shall be construed as a restriction or
limitation upon any powers which a county might otherwise have under any laws of this state, but
shall be construed as alternative or additional; and this article shall not be construed as requiring an
election on issuance of the bonds by the voters of a county prior to the issuance of bonds hereunder
by the county commission, and same shall not be construed as requiring any proceeding under any
law or laws, other than that which is required by this article.
§7-20-18. No notice, consent or publication required.
No notice to or consent or approval by any other governmental body or public officer shall
be required as a prerequisite to the issuance or sale of any bonds or the making of any agreement,
a mortgage or deed of trust under the authority of this article. No publication or notice shall be
necessary to the validity of any resolution or proceeding had under this article, except where
publication or notice is expressly required by this article.
§7-20-19. Public officials exempt from personal liability.
No member of a county commission or other county officer shall be personally liable on any
contract, or obligation executed pursuant to the authority contained in this article. Nor shall the
issuance of bonds under this article be considered as misfeasance in office.
§7-20-20. Cooperation by public bodies.
For the purpose of aiding and cooperating in the planning, undertaking or carrying out of a
special infrastructure project located, in whole or in part, within the area in which it is authorized
to act, any public body may, upon such terms, with or without consideration, as it may determine:
(1) Dedicate, sell, convey or lease any of its interest in any property, or grant easements,
licenses or any other rights or privileges therein to an authority;
(2) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage
facilities, or any other works which it is otherwise empowered to undertake, to be furnished in
connection with an infrastructure project;
(3) Furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads,
sidewalks, ways or other places, which it is otherwise empowered to undertake;
(4) Plan or replan, zone or rezone any parcel of land within the jurisdiction of the public body
or make exceptions from building regulations and ordinances if such functions are of the character
which the public body is otherwise empowered to perform;
(5) Cause administrative and other services to be furnished for the special infrastructure
project of the character which the public body is otherwise empowered to undertake or furnish for
the same or other purposes;
(6) Incur the entire expense of any public improvements made by the public body in
exercising the powers granted in this section;
(7) Do any and all things necessary or convenient to aid and cooperate in the planning or
carrying out of a special infrastructure project that is, in whole or in part, located in its jurisdiction;
(8) Lend, grant or contribute funds to a county commission for purposes of a special
infrastructure project; and
(9) Employ any funds belonging to or within the control of the public body, including funds
derived from the sale or furnishing of property, service, or facilities to a county commission for a
special infrastructure project, in the purchase of the bonds or other obligations of a county
commission issued under this article and, as the holder of such bonds or other obligations, exercise the rights connected therewith.
§7-20-21. Relocation of public utility lines or facilities to accommodate special infrastructure
project.
(a) In the event a county commission determines that any public utility line or facility located
upon, across or under any portion of a street, avenue, highway, road or other public place or way
shall be temporarily or permanently readjusted, removed, relocated, changed in grade or otherwise
altered (each and all hereinafter for convenience referred to as 'relocation') in order to accommodate
any infrastructure project undertaken pursuant to the provisions of this article, the cost of the
relocation shall be borne by the county commission.
(b) For purposes of this section, the term 'cost of relocation' shall include the entire amount
paid by such utility, exclusive of any right-of-way costs incurred by such utility, properly attributable
to such relocation after deducting therefrom any increase in the value of the new line or facility and
salvage derived from the old line or facility.
(c) The cost of relocating utility lines or facilities, as defined herein, in connection with any
special infrastructure project is hereby declared to be a cost of the project.
§7-20-22. Special infrastructure projects financed by service fee considered to be public
improvements subject to prevailing wage, local labor preference and
competitive bid requirements.
(a) Any special infrastructure project acquired, constructed, or financed, in whole or in part,
by service fees imposed by a county commission under section twelve of this article shall be
considered to be a 'public improvement' within the meaning of the provisions of articles one-c and
five-a, chapter twenty-one of this code.
(b) The county commission shall, except as provided in subsection (c) of this section, solicit or require solicitation of competitive bids and require the payment of prevailing wage rates as
provided in article five-a, chapter twenty-one of this code and compliance with article one-c of said
chapter for any special infrastructure project funded pursuant to section twelve of this article
exceeding twenty-five thousand dollars in total cost.
(c) Following the solicitation of the bids, the construction contract shall be awarded to the
lowest qualified responsible bidder, who shall furnish a sufficient performance and payment bond:
Provided, That the county commission or other person soliciting the bids may reject all bids and
solicit new bids on the project.
(d) No officer or employee of this state or of any public agency, public authority, public
corporation or other public entity, and no person acting or purporting to act on behalf of such officer
or employee or public entity shall require that any performance bond, payment bond or bid bond
required or permitted by this section be obtained from any particular surety company, agent, broker
or producer.
(e) This section does not:
(1) Apply to work performed on construction projects not exceeding a total cost of fifty
thousand dollars by regular full-time employees of the county commission: Provided, That no more
than fifty thousand dollars shall be expended on an individual project in a single location in a twelve-
month period;
(2) Prevent students enrolled in vocational educational schools from being used in
construction or repair projects when such use is a part of the students' training program;
(3) Apply to emergency repairs to building components and systems: Provided, That the
term 'emergency repairs' means repairs that, if not made immediately, will seriously impair the use
of the building components and systems or cause danger to those persons using the building components and systems; or
(4) Apply to any situation where the county commission comes to an agreement with
volunteers, or a volunteer group, by which the county commission will provide construction or repair
materials, architectural, engineering, technical or any other professional services and the volunteers
will provide the necessary labor without charge to, or liability upon, the county commission:
Provided, That the total cost of the construction or repair projects does not exceed fifty thousand
dollars.
§7-20-23. Excess funds; termination of service fee.
(a) When revenue bonds have been issued as provided in this article and the amount of
service fees imposed pursuant to section twelve of this article and collected by the sheriff, less costs
of administration, collection and enforcement, exceeds the amount needed to pay project costs and
annual debt service, including the finding of required debt service and maintenance reserves, the
additional amount shall be set aside in a separate fund and used to retire some or all of the
outstanding revenue bonds before their maturity date.
(b) Once the revenue bonds issued as provided in this article are no longer outstanding or the
county commission determines that sufficient reserves have been or will be accumulated as of a
specified date to pay all future debt service on the outstanding bonds, the service fee to payable
services on a subsequent issue of revenue bonds imposed pursuant to section twelve of this article
may not be imposed or collected for subsequent weeks after that date. Termination of the service
fee as provided in this section shall not bar or otherwise prevent the county commission from
collecting service fees that accrued before the termination date.
§7-20-24. Severability.
If any section, clause, provision or portion of this article shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other
section, clause or provision of this article which is not in and of itself unconstitutional."
The bill was then ordered to third reading.
Com. Sub. for H. B. 2235, Increasing salaries for magistrate clerks, magistrate assistants and
magistrate deputy clerks; on second reading, coming up in regular order, was read a second time.
Delegate Trump moved to amend the bill on page one, after the enacting clause, by striking
out the remainder of the bill and inserting in lieu thereof the following:
"That §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-3. Salaries of magistrates.
(a) The Legislature finds and declares that:
(1) The West Virginia Supreme Court of Appeals has held that a salary system for
magistrates which is based upon the population that each magistrate serves does not violate the equal
protection clause of the Constitution of the United States;
(2) The West Virginia Supreme Court of Appeals has held that a salary system for
magistrates which is based upon the population that each magistrate serves does not violate section
thirty-nine, article VI of the Constitution of West Virginia;
(3) The utilization of a two-tiered salary schedule for magistrates is an equitable and rational
manner by which magistrates should be compensated for work performed;
(4) Organizing the two tiers of the salary schedule into one tier for magistrates serving less
than eight thousand four hundred in population and the second tier for magistrates serving eight
thousand four hundred or more in population is rational and equitable given current statistical information relating to population and caseload; and
(5) That all magistrates who fall under the same tier should be compensated equally.
(b) The salary of each magistrate shall be paid by the state. Magistrates who serve fewer than
eight thousand four hundred in population shall be paid annual salaries of thirty thousand six
hundred twenty-five dollars and magistrates who serve eight thousand four hundred or more in
population shall be paid annual salaries of thirty-seven thousand dollars: Provided, That on and after
the first day of July, two thousand three, magistrates who serve fewer than eight thousand four
hundred in population shall be paid annual salaries of thirty-three thousand six hundred twenty-five
dollars and magistrates who serve eight thousand four hundred or more in population shall be paid
annual salaries of forty thousand dollars: Provided, however, That on and after the first day of July,
two thousand five, magistrates who serve fewer than eight thousand four hundred in population shall
be paid annual salaries of forty-three thousand six hundred twenty-five dollars and magistrates who
serve eight thousand four hundred or more in population shall be paid annual salaries of fifty
thousand dollars: Provided, further, That on or after the first day of July, two thousand six, all
magistrates shall be paid annual salaries of fifty thousand dollars.
(c) For the purpose of determining the population served by each magistrate, the number of
magistrates authorized for each county shall be divided into the population of each county. For the
purpose of this article, the population of each county is the population as determined by the last
preceding decennial census taken under the authority of the United States government.
§50-1-8. Magistrate court clerks; salaries; duties; duties of circuit clerk.
(a) In each county having three or more magistrates the judge of the circuit court or the chief
judge of the circuit court, if there is more than one judge of the circuit court, shall appoint a
magistrate court clerk. In all other counties the judge may appoint a magistrate court clerk or may by rule require the duties of the magistrate court clerk to be performed by the clerk of the circuit
court, in which event the circuit court clerk is entitled to additional compensation in the amount of
two thousand five hundred dollars per year. The magistrate court clerk serves at the will and
pleasure of the circuit judge.
(b) Magistrate court clerks shall be paid a monthly salary by the State. Magistrate court
clerks serving magistrates who serve less than eight thousand four hundred in population shall be
paid up to one thousand seven hundred forty-eight dollars per month and magistrate court clerks
serving magistrates who serve eight thousand four hundred or more in population shall be paid up
to two thousand one hundred fifty-seven thirty-one thousand three hundred forty-four dollars per
month year: Provided, That on and after the first day of January July, two thousand two six,
magistrate court clerks serving magistrates who serve less than eight thousand four hundred in
population shall be paid up to one thousand nine hundred ninety-eight dollars per month and
magistrate court clerks serving magistrates who serve eight thousand four hundred or more in
population shall be paid up to two thousand four hundred seven thirty-six thousand three hundred
forty-four dollars per month year: Provided, however, That on and after the first day of July, two
thousand seven, magistrate court clerks shall be paid up to forty-one thousand three hundred forty-
four dollars per year: Provided further, That after the effective date of this section, any general
salary increase granted to all state employees, whose salaries are not set by statute, expressed as a
percentage increase or an 'across-the-board' increase, may also be granted to magistrate court clerks.
For the purpose of determining the population served by each magistrate, the number of magistrates
authorized for each county shall be divided into the population of each county. The salary of the
magistrate court clerk shall be established by the judge of the circuit court, or the chief judge of the
circuit court if there is more than one judge of the circuit court, within the limits set forth in this section.
(c) In addition to other duties that may be imposed by the provisions of this chapter or by the
rules of the Supreme Court of Appeals or the judge of the circuit court or the chief judge of the
circuit court if there is more than one judge of the circuit court, it is the duty of the magistrate court
clerk to establish and maintain appropriate dockets and records in a centralized system for the
magistrate court, to assist in the preparation of the reports required of the court and to carry out on
behalf of the magistrates or chief magistrate if a chief magistrate is appointed, the administrative
duties of the court.
(d) The magistrate court clerk, or if there is no magistrate court clerk in the county, the clerk
of the circuit court, may issue all manner of civil process and require the enforcement of subpoenas
and subpoenas duces tecum in magistrate court.
§50-1-9. Magistrate assistants; salary; duties.
(a) In each county there shall be one magistrate assistant for each magistrate. Each magistrate
assistant shall be appointed by the magistrate under whose authority and supervision and at whose
will and pleasure he or she shall serve. The assistant shall not be a member of the immediate family
of any magistrate and shall not have been convicted of a felony or any misdemeanor involving moral
turpitude and shall reside in the State of West Virginia. For the purpose of this section, 'immediate
family' means the relationships of mother, father, sister, brother, child or spouse.
(b) A magistrate assistant shall have the duties, clerical or otherwise, assigned by the
magistrate and prescribed by the rules of the Supreme Court of Appeals or the judge of the circuit
court or the chief judge of the circuit court if there is more than one judge of the circuit court. In
addition to these duties, magistrate assistants shall perform and are accountable to the magistrate
court clerks with respect to the following duties:
(1) The preparation of summons in civil actions;
(2) The assignment of civil actions to the various magistrates;
(3) The collection of all costs, fees, fines, forfeitures and penalties which are payable to the
court;
(4) The submission of moneys, along with an accounting of the moneys, to appropriate
authorities as provided by law;
(5) The daily disposition of closed files which are to be located in the magistrate clerk's
office;
(6) All duties related to the gathering of information and documents necessary for the
preparation of administrative reports and documents required by the rules of the Supreme Court of
Appeals or the judge of the circuit court or the chief judge of the circuit court if there is more than
one judge of the circuit court;
(7) All duties relating to the notification, certification and payment of jurors serving pursuant
to the terms of this chapter;
(8) All other duties or responsibilities whereby the magistrate assistant is accountable to the
magistrate court clerk as determined by the magistrate.
(c) Magistrate assistants shall be paid a monthly salary by the State. Magistrate assistants
serving magistrates who serve less than eight thousand four hundred in population shall be paid up
to one thousand four hundred seventy-four dollars per month and magistrate assistants serving
magistrates who serve eight thousand four hundred or more in population shall be paid up to one
thousand seven hundred thirty-two twenty-six thousand two hundred forty-four dollars per month
year: Provided, That on and after the first day of January July, two thousand two six, magistrate
assistants serving magistrates who serve less than eight thousand four hundred in population shall be paid up to one thousand seven hundred twenty-four dollars per month and magistrate assistants
serving magistrates who serve eight thousand four hundred or more in population shall be paid up
to one thousand nine hundred eighty-two thirty-one thousand two hundred forty-four dollars per
month year: Provided, however, That on and after the first day of July, two thousand seven,
magistrate assistants shall be paid up to thirty-six thousand two hundred forty-four dollars per year:
Provided further, That after the effective date of this section, any general salary increase granted to
all state employees, whose salaries are not set by statute, expressed as a percentage increase or an
'across-the-board' increase, may also be granted to magistrate assistants. For the purpose of
determining the population served by each magistrate, the number of magistrates authorized for each
county shall be divided into the population of each county. The salary of the magistrate assistant
shall be established by the magistrate within the limits set forth in this section.
§50-1-9a. Magistrate court deputy clerks; duties; salary.
(a) Whenever required by workload and upon the recommendation of the judge of the circuit
court, or the chief judge of the circuit court if there is more than one judge of the circuit court, the
supreme court of appeals may, by rule, provide for the appointment of magistrate court deputy clerks,
not to exceed sixty-two in number. The magistrate court deputy clerks shall be appointed by the
judge of the circuit court, or the chief judge if there is more than one judge of the circuit court, to
serve at his or her will and pleasure under the immediate supervision of the magistrate court clerk.
(b) Magistrate court deputy clerks shall have the duties, clerical or otherwise, as may be
assigned by the magistrate court clerk and as may be prescribed by the rules of the supreme court of
appeals or the judge of the circuit court or the chief judge if there is more than one judge of the
circuit court. Magistrate court deputy clerks may also exercise the power and perform the duties of
the magistrate court clerk as may be delegated or assigned by the magistrate court clerk.
(c) A magistrate court deputy clerk may not be an immediate family member of any
magistrate, magistrate court clerk, magistrate assistant or judge of the circuit court within the same
county, may not have been convicted of a felony or any misdemeanor involving moral turpitude and
must reside in this state. For purposes of this subsection, 'immediate family member' means a
mother, father, sister, brother, child or spouse.
(d) Magistrate court deputy clerks shall be paid a monthly an annual salary by the state on
the same basis and in the same amounts established for magistrate assistants in each county, as
provided in section nine of this article."
On the adoption of the amendment, Delegate Trump demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 342), and there were--yeas
30, nays 68, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Duke, Evans,
Fragale, Frich, Hall, Hamilton, Houston, Iaquinta, Leggett, Louisos, Overington, Porter, Roberts,
Romine, Schadler, Schoen, Stevens, Sumner, Susman, Trump, Wakim, Walters and White,Gil.
Absent And Not Voting: Ferrell and Howard.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
The bill was ordered to engrossment and third reading.
Com. Sub. for H. B. 4100, Providing a salary increase for elected county officials; on second
reading, coming up in regular order, was read a second time.
On motion of Delegate Michael, the bill was amended on page twenty-eight, section four,
beginning on line four hundred eighty-one, by striking out all of subdivision (5) and inserting in lieu thereof the following:
"(5) COUNTY COMMISSIONERS
Class I$35,800
Class II$35,250
Class III$34,700
Class IV$34,150
Class V$33,600
Class VI$28,650
Class VII$28,100
Class VIII$25,900
Class IX$25,350
Class X$21,500."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4500, Providing for a salary adjustment for certain appointive state
officers; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid over
one day.
Com. Sub. for H. B. 4620, Providing for the salary range of the Commissioner of Banking
and the Insurance Commissioner; on second reading, coming up in regular order, was read a second
time and 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:
S. B. 217, Continuing Board of Osteopathy,
S. B. 558, Providing salary adjustments for certain appointive state officers,
S. B. 631, Relating to criminal school truancy complaints,
S. B. 786, Exempting certain severance wages from personal income tax,
H. B. 4855, Making a supplementary appropriation to the department of education and the
arts, department of environmental protection, department of health and human resources, etc...,
H. B. 4856, Making a supplementary appropriation to the department of commerce -miners'
health, safety and training fund,
H. B. 4857, Making a supplementary appropriation to the department of administration
-children's health insurance agency, to the department of commerce -division of natural resources,
to the department of transportation -public port authority, etc...,
H. B. 4858, Supplementary appropriation, secretary of state -state election fund,
And,
H. B. 4859, Supplementary appropriation, department of health and human resources -
division of health - tobacco settlement expenditure fund.
H. B. 4860, Expiring funds to the unappropriated surplus balance in the state fund, general
revenue; on first reading, coming up in regular order, was, on motion of Delegate Staton, laid over
one day.
H. B. 4861, Supplementary appropriation, the department of administration -consolidated
public retirement board, department of military affairs and public safety, department of revenue -tax
division, etc.; on first reading, coming up in regular order, was, on motion of Delegate Staton, laid
over one day.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell and Howard.
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 Special Calendar:
S. B. 371, on second reading, Consent Calendar, to the Special Calendar, by Delegate
Louisos.
At 2:04 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:00 p.m.,
and reconvened at that time.
Committee Reports
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 587, Relating to increment pay for certain higher education faculty,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 587)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 479, Paying certain funeral expenses for juvenile probation officers killed in 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.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 479) to the Committee on Finance was abrogated, and it was taken up for immediate
consideration, read a first time, ordered to second reading and then, in accordance with the
provisions of House Rule 70a, was ordered to 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:
Com. Sub. for S. B. 396, Authorizing Division of Rehabilitation Services promulgate
legislative rule relating to Ron Yost Personal Assistance Services Board,
And,
S. B. 481, Relating to domestic violence protective orders served out of state,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com.
Sub. for S. B. 396 and S. B. 481) were taken up for immediate consideration, read a first time,
ordered to second reading and then, in accordance with the provisions of House Rule 70a, were each
ordered to 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:
S. B. 462, Relating to filing interstate compacts with Secretary of State,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 462)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to 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:
S. B. 32, Relating to educational opportunities for children of military personnel,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 32)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 503, Providing pay raise for State Police; temporary promotions,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 503)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 653, Relating to duties of Chief Technology Officer; establishing Technology
Infrastructure Fund,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 653)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, 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. 18, Granting tuition waivers to children and spouses of parole and
probation officers killed in line of duty,
And reports the same back, 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.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (Com. Sub. for S. B. 18) was abrogated, and it was taken up for immediate consideration, read
a first time and ordered to second reading.
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. 53, Changing ratio of school nurses to enrollment,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 53) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the former direction of the Speaker, 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:
S. B. 784, Relating to teacher certification,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 784)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to 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:
S. B. 785, Relating to school physical education requirements,
And reports the same back, with title amendment, with the recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 785)
was taken up for immediate consideration, read a first time and then ordered to second reading.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had agreed to the appointment of a
Committee of Conference of five from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 4021, Relating to a pilot program authorizing participating health care
clinics and private medical practitioners to provide primary and preventive health services for a
prepaid fee.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Prezioso, Minard, Edgell, Jenkins and Caruth.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 58, Requesting the Division of Highways to name the Vista as seen off of Route
60 in Gauley Bridge, the "William 'Billy' Giacomo Memorial Vista".
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had receded from its amendment and
again passed, to take effect July 1, 2006,
S. B. 370, Creating personal property tax exemption for farm equipment and livestock
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. 23 - "Requesting the Division of Highways name the bridge intersecting Farley
Avenue in Delbarton, Mingo County, the 'Dr. J. R. 'Bob' Farley Memorial Bridge'."
Whereas, J. R. "Bob" Farley was born on March 24, 1902, in Delbarton, Mingo County,
the son of the late James A. and Mary Farley; and
Whereas, Dr. Farley was educated in the public schools in Mingo County where he was a
member of the Burch High School basketball team that lost only one game in three years; and
Whereas, Dr. Farley graduated from the College of Dentistry at the University of Louisville
in 1927 and soon returned to his native Delbarton where he practiced dentistry for 43 years; and
Whereas, Dr. Farley served with distinction on numerous community-based organizations,
including as Chairman of the Delbarton Volunteer Fire Department, President of the Delbarton
Kiwanis Club, President of the Parent-Teacher Association in Delbarton, President of the Burch
High School Band Boosters and member of the Tug Valley Chamber of Commerce; and
Whereas, Dr. Farley, a life-long Democrat, was a successful political figure and served his
community as a member of the Mingo County Board of Education, Mayor of Delbarton and Mingo
County Commissioner; and
Whereas, Dr. Farley passed away on April 26, 1970, leaving behind his three loving
children, Lohoma Lee Schuler, Rebecca Jean O'Dell and James David Farley; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge intersecting Farley Avenue in Delbarton, Mingo County, the "Dr. J. R. 'Bob' Farley Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Dr. J. R. 'Bob' Farley 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 children of Dr. Farley, in
care of James David Farley.
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. 29 - "Designating the month of December, 2006, as West Virginia Legislature's
Back to School Month."
Whereas, West Virginia was created as a representative democracy in which all
governmental power is inherent in the people who exercise that power through the legislative,
executive and judicial branches; and
Whereas, In recent years, citizen interest in government and knowledge of the political
system has declined, in part, due to a weakening belief in, and a lack of understanding of, the virtues
and knowledge needed for a successful democratic form of government; and
Whereas, Benjamin Rush, signer of the Declaration of Independence, stated, "There is but
one method of rendering a republican form of government durable, and that is by disseminating the
seeds of virtue and knowledge through every part of the state by means of proper places and modes
of education and this can be done effectively only by the aid of the legislature"; and
Whereas, The National Conference of State Legislatures (NCSL) has adopted a resolution
which states that the operation of state legislatures and the roles of individual legislators are often
little understood by citizens and that public understanding of the institutions and processes of the
government is critical to building public trust and confidence; and
Whereas, The NCSL resolution also states that state legislatures need to bring about better
understanding of the concept of representative democracy and should emphasize the importance of
compromise and the difficulty of resolving competing interests in a diverse society; and
Whereas, Civic education is a vital tool to promote greater understanding of the legislative
institution and the role of legislators in representative democracy; and
Whereas, The NCSL urges state legislatures to promote civic education about representative
democracy; and
Whereas, The NCSL has established America's Legislators Back to School Program, a
national event in which state legislators across the nation visit schools and classrooms to talk about
the legislature and to observe activities in the schools; and
Whereas, To meet the specific civic education needs of the students of West Virginia, the
West Virginia Legislature developed the West Virginia Legislature's Back to School Program,
modeled and supported by the NCSL's America's Legislators Back to School Program; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the month of December, 2006, as West Virginia
Legislature's Back to School Month; and, be it
Further Resolved, That the Legislature hereby supports civic education to promote greater
understanding of the legislative institution and the role of legislators in a representative democracy; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the National Conference of State Legislatures.
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. 35 - "Directing the West Virginia Department of Education, the Office of the
Secretary of Education and the Arts and the 4-H and Youth, Family and Adult Development Division
of the West Virginia University Extension Service convene and cochair a task force, to be known
as the West Virginia After-School Partnership, intended to constructively address issues involving
the development and care of school-age children."
Whereas, Recent data shows that the violent juvenile crime rate climbs, and children are
most likely to be victims of violence committed by nonfamily members, between the hours
immediately following the end of the school day until approximately 6 p.m.; and
Whereas, Children who attend after-school programs spend more time in learning
opportunities, academic enrichment and physical activity while spending less time watching
television or engaging in risky behavior with their peers; and
Whereas, A post-election national poll conducted for the After-School Alliance shows that
eight in ten voters agree that funding should increase for after-school programs and a majority of
those polled indicated they would support a tax increase to fund these programs; and
Whereas, A study by the Rose Institute in California concluded that a significantly valuable
return to taxpayers of an investment in after-school programs exists and is exemplified by reduced child care costs, improved school performance, increased compensation and reduced crime and
welfare costs; and
Whereas, In 2004, the State Department of Education received 32 proposals requesting
funding of 21st Century Community Learning Center after-school programs that would have served
nearly 30,000 children in the state, but funding was available for only 12 grants serving less than
9,000 children. In 2005, funding was available for only one grant serving 1,000 students although
21 proposals were received; and
Whereas, More than 27 percent of children in kindergarten through twelfth grade in self
care in this state would be likely to participate in an after-school program if one were available in
the community according to a survey conducted by the After-School Alliance; and
Whereas, A recent report, "Fight Crime: Invest in Kids", indicates that the Child Care
Development Block Grant to help low-income parents pay for child care could only serve 25 percent
of eligible West Virginia children while stating further that child care center teacher wages in this
state average only $13,400, resulting in high staff turnover, inadequately trained staff and low-quality
care; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby directs the West Virginia Department of Education, the Office
of the Secretary of Education and the Arts and the 4-H and Youth, Family and Adult Development
Division of the West Virginia University Extension Service to convene and cochair a task force, to
be known as the West Virginia After-School Partnership, intended to constructively address issues
involving the development and care of school-age children; and, be it
Further Resolved, That the activities of the West Virginia After-School Partnership shall
include: (1) Conducting an assessment of after-school services in West Virginia, including the identification of the number of children and youth served statewide in after-school programs; (2)
identifying provider programs and service regions; (3) assessing the need for after-school programs;
(4) identifying and describing the needs of providers in sustaining high-quality programs; (5)
describing current funding streams supporting after-school programs; and (6) creating a plan to
establish a network of partners engaged in after-school programs to promote high-quality programs
that are accessible and sustainable; and, be it
Further Resolved, That the West Virginia After-School Partnership shall provide
recommendations for public policies to increase the availability and improve the sustainability of
high-quality after-school programs and identify sources to further the work of the Partnership from
public and private sectors; and, be it
Further Resolved, That the After-School Partnership, coordinated by the West Virginia
Department of Education, the Office of the Secretary of Education and the Arts and the 4-H and
Youth, Family and Adult Development Division of the West Virginia University Extension Service
shall report to the Governor and the Legislature on the West Virginia After-School Partnership
during the 2007 legislative session.
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 at Panther, McDowell
County, the 'Green B. and Margie Blankenship Memorial Bridge'."
Whereas, Green B. and Margie Blankenship were residents of Panther, McDowell County;
and
Whereas, Green B. Blankenship was a coal miner at the Olga Coal Company for nearly 40
years and was a coworker of Homer Hickam; and
Whereas, Margie Blankenship was a homemaker and mother of seven children; and
Whereas, Green B. and Margie Blankenship were actively involved in various community
projects, including fundraisers for road repairs, food drives, Bible school and aid to the less
fortunate; and
Whereas, Green B. and Margie Blankenship are remembered for their dedication and
commitment to the youth of McDowell County. They were avid supporters and volunteers for youth
athletics in the community. They were also involved in parent organizations at Panther Elementary,
Iaeger Junior High and Iaeger High Schools; and
Whereas, Sadly, Green B. and Margie Blankenship both passed away in 1985; and
Whereas, It is fitting that a bridge be named in honor of Green B. and Margie Blankenship,
two McDowell County residents who made a difference in their community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge at Panther,
McDowell County, the "Green B. and Margie Blankenship Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying
the bridge as the "Green B. and Margie Blankenship 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. 51 - "Requesting the Division of Highways name the bridge crossing the Ohio River
between Huntington, Cabell County, and Proctorville, Ohio, also known as the East Huntington
Bridge, the 'Frank "Gunner" Gatski Memorial Bridge'."
Whereas, Frank Gatski was born in Farmington, Marion County. He grew up in Number
Nine Mine coal camp and attended Farmington High School. He went to work in the coal mines
immediately after graduating high school; and
Whereas, Upon entering Marshall College, Frank Gatski won a starting position on the
football team. After three seasons, however, Marshall College was forced to discontinue its football
program for the duration of World War II; and
Whereas, Frank Gatski served two years in the Army infantry in Europe. Upon returning,
he finished his college career at Auburn University. He successfully tried out for the Cleveland
Browns and was added to their roster at the beginning of the 1946 season; and
Whereas, Frank Gatski played for the Cleveland Browns from 1946 through 1956 and then
for the Detroit Lions for the 1957 season. He played in 11 championship games in 12 seasons, with
his team winning eight times; and
Whereas, Frank Gatski was named to the All-NFL honor roll in 1951, 1952, 1953 and 1955
and played as a starting center in the 1956 Pro Bowl; and
Whereas, Throughout 20 years of playing football in high school, college and
professionally, Frank Gatski never missed a game or practice; and
Whereas, Frank Gatski worked as a scout for the Boston Patriots for four years before
taking a job as that team's head coach and athletic director. He then embarked on a 21-year career
coaching at the West Virginia Industrial School for Boys in Farmington; and
Whereas, Frank Gatski was inducted into the Marshall University Athletic Hall of Fame on
September 25, 1985; and
Whereas, Frank Gatski was inducted into the Pro Football Hall of Fame on August 3, 1985;
and
Whereas, Sadly, on November 22, 2005, Frank Gatski passed away; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge crossing
the Ohio River between Huntington, Cabell County, and Proctorville, Ohio, also known as the East
Huntington Bridge, the "Frank 'Gunner' Gatski Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Frank 'Gunner' Gatski 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. 56 - "Requesting the Division of Highways name the bridge on Route 119, at the
big split at Nolan, Mingo County, the 'William Shayde Chapman Bridge'."
Whereas, William Shayde Chapman, the youngest of nine children of Tom B. and Elizabeth
Stepp Chapman, was born in 1909 in Spring Branch, Kentucky; and
Whereas, William Shayde Chapman attended the White Post School in Pike County,
Kentucky. After completing the eighth grade, William Shayde Chapman enrolled at Chattaroy High School in Mingo County; and
Whereas, After graduating from Chattaroy High School, William Shayde Chapman attended
Concord College during the summer months; and
Whereas, After earning six semester hours, William Shayde Chapman began his teaching
career at Borderland Grade School in Mingo County. He continued to attend classes at Concord
College each summer and taught school each fall until he completed his education and earned a
professional teaching certificate; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on Route
119, at the big split at Nolan, Mingo County, the "William Shayde Chapman Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying
the bridge as the "William Shayde Chapman 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:
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. 74 - "Requesting the President of the United States and the United States Congress improve the quality of the nation's public schools by substantially increasing funding for the No
Child Left Behind Act, the Higher Education Act, the Individuals with Disabilities Education Act
and other education-related programs."
Whereas, West Virginia has long pursued the goal of improving the academic performance
of all students; and
Whereas, The Legislature, therefore, applauds the President of the United States and the
United States Congress for putting forth the same goal in the No Child Left Behind Act of 2001 and
emphasizing the urgency in improving the performance of these students; and
Whereas, The No Child Left Behind Act has encouraged some needed changes in public
education and was initially accompanied with modest increases in federal funding for public
elementary and secondary education; and
Whereas, Increases in federal funding since the first several years of the No Child Left
Behind Act have been minimal; and
Whereas, The federal government has decreased funding for No Child Left Behind in the
fiscal year 2006 by $793 million; decreased funding for post-secondary education by $166 million;
and decreased funding for programs that serve students with disabilities by $21 million; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the President of the United States and the United States
Congress to improve the quality of the nation's public schools by substantially increasing funding
for the No Child Left Behind Act, the Higher Education Act, the Individuals with Disabilities
Education Act and other education-related programs; and, be it
Further Resolved, That the Legislature requests the President of the United States, the United States Congress and the United States Department of Education offer various states waivers,
exemptions or whatever flexibility possible regarding the requirements of the No Child Left Behind
Act in any year that federal funding for public elementary and secondary education is decreased to
prevent states from spending state and local resources on activities that have not proven effective in
raising student achievement and may not be the priority of an individual state; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the President of the United States, the President of the United States Senate, the
Speaker of the United States House of Representatives, the Secretary of the United States
Department of Education and each member of West Virginia's congressional delegation.
At 6:29 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 7, 2006.