hdj2005-02-18-05

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Friday, February 18, 2005

The House of Delegates met at 10:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 17, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Beane, Ennis, Hatfield, Hunt, Iaquinta, Trump and Walters:

H. B. 2534 - "A Bill to amend and reenact §5B-2-13 of the code of West Virginia, 1931, as amended, relating to continuation of the Tourism Commission."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2534) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2444, Mandatory participation in the motor vehicle alcohol test and lock program for repeat offenders,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2444 - "A Bill to amend and reenact §17B-1-1 of the code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17C-1-67; and to amend and reenact §17C-5A-3a of said code, all relating to mandatory participation in the motor vehicle alcohol test and lock program for repeat offenders,"
With the recommendation that the committee substitute do pass.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the annual report of the Commission on Special Investigations, for the period of July 1, 2003, to June 30, 2004, and additional copies were received by the Clerk and distributed to all the Members, with the original report filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Education and State Employees Grievance Board, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2003 annual report of the West Virginia Court System, in accordance with section twelve-b, article one, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the Workers' Compensation Office of Judges in accordance with section three, subsection two, article two, chapter ninety-three of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented The Office of the Consumer Advocate report and Third Party Causes of Action: Effects on West Virginia Insurance Markets report in accordance with sections fifteen-b and fifteen-c, article 2, chapter thirty three of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Real Estate Licensing and Certification Board, in accordance with section one, article fourteen, chapter thirty- seven of the code; which was filed in the Clerk's office.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
S. B. 153 - "A Bill to amend and reenact §6B-2-4 and §6B-2-10 of the Code of West Virginia, 1931, as amended, all relating generally to the ethical standards of public officers and employees; providing for confidentiality requirements as to Ethics Commission members and staff, the Review Board, complainants and informants; prohibiting the submission of false information to the Commission; and providing for penalties"; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegate Argento offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 14 --"Requesting the Division of Highways to name the bridge spanning the Gauley River on Route 39 near Summersville, Nicholas County, the 'Brock's Bridge'."
Whereas, The bridge over the Gauley River at Brock's Ferry was first built in 1904 at a cost of approximately $10,000; and
Whereas, For years this bridge was known by locals as the Brock's Bridge; and
Whereas, After the Gauley River was dammed and Summersville Lake was completed in the 1960's, a new bridge was constructed at Brock's Ferry; and
Whereas, Since the bridge over the Gauley River in this location has been historically known as the "Brock's Ferry Bridge," it is only fitting that the bridge be formally so named; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge spanning the Gauley River on Route 39 near Summersville, Nicholas County, the "Brock's Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this Resolution to the Commissioner of Highways and to the Nicholas County Commission.

Petitions
Delegates Blair, Trump, Roberts, Overington and Duke presented a petition, signed by nine hundred twenty-six residents of the Eastern Panhandle, requesting the Legislature to reform the tax laws and the statutes governing workers' compensation; which was referred to the Committee on Finance.
Delegates Marshall and Beach presented a petition, signed by one hundred seventy-five students at West Virginia University School of Pharmacy, in support of authorizing collaborative pharmacy practice agreements between pharmacists and physicians; which was referred to the Committee on Health and Human Resources.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates DeLong, Martin, Butcher, Hrutkay Ron Thompson, Rick Thompson and Paxton:

H. B. 2487 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to exempting one motor vehicle owned by a resident of this state on active duty in the United States Military from ad valorem taxes for any taxable year the person is in the military "; to the Committee on the Judiciary then Finance.
By Delegates Talbott, Perdue, H. White and Perry:
H. B. 2488 - "A Bill to amend and reenact §17C-4-9 of the Code of West Virginia, 1931, as amended, relating to accident report forms; and providing that a completed accident report form is conclusive upon the issue as to causation unless a court of competent jurisdiction rules otherwise after review "; to the Committee on the Judiciary.
By Delegates Frich, Frederick, Tansill, Hamilton, Ellem, Trump and Stalnaker:
H. B. 2489 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-11-4a, relating to limiting third-party actions in unfair trade practices suits against insurers, their employees, representatives and agents "; to the Committee on the Judiciary.
By Delegates Barker, Eldridge, Varner, Boggs, Talbott, Argento ad Butcher:
H. B. 2490 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-6a, all relating to dangerous weapons; exceptions to prohibition; and modifying the method of establishing reciprocity between states regarding handgun permits"; to the Committee on the Judiciary.
By Delegates Stalnaker and Butcher:
H. B. 2491 - "A Bill to amend and reenact §29-6A-3, §29-6A-4, §29-6A-6 and §29-6A-7 of the Code of West Virginia, 1931, as amended, all relating to the grievance procedure for state employees; providing 'statutory employers' are subject to the grievance procedure; deleting certain provisions that contradict other provisions related to appeal rights or for otherwise stylistic reasons; and, referencing conferences in addition to current references to hearings in pertinent provisions "; to the Committee on the Judiciary.
By Delegates Long, Spencer, Talbott, Barker, Hunt, Marshall and Overington:
H. B. 2492 - "A Bill to amend and reenact §49-5-13d of the Code of West Virginia, 1931, as amended, relating to teen court programs; and authorizing counties to adopt a mandatory fee to fund such a teen court program"; to the Committee on the Judiciary.
By Delegates Barker, Eldridge, Hrutkay, Butcher and Ferrell:
H. B. 2493 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, requiring that of the two judges allotted for the twenty-fifth circuit, one must be a resident of Boone County and one a resident of Lincoln County"; to the Committee on the Judiciary.
By Delegates Swartzmiller, Ennis, Stemple, Williams and Proudfoot:
H. B. 2494 - "A Bill to amend and reenact §7-14-15 of the Code of West Virginia, 1931, as amended, relating to prohibiting deputy sheriffs from engaging in political activities "; to the Committee on the Judiciary.
By Delegate Pino:
H. B. 2495 - "A Bill to repeal §7-8-3 of the Code of West Virginia, 1931, as amended, relating to inspection of jails"; to the Committee on the Judiciary.
By Delegate Hatfield:
H. B. 2496 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to creating a new organ donor license plate "; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Talbott and Morgan:
H. B. 2497 - "A Bill to amend and reenact §17C-17-9a of the Code of West Virginia, 1931, as amended, relating to the regulation of truck trailer weights; providing that a truck with four axles in combination with a trailer with two axles is limited to a maximum gross weight of eighty thousand pounds with a tolerance of ten percent "; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Barker, Eldridge, Hrutkay, Caputo and Longstreth:
H. B. 2498 - "A Bill to amend and reenact §22-3-13 of the Code of West Virginia, 1931, as amended, relating to requiring areas subject to surface mining to be reclaimed by planting hardwood saplings after providing eight feet of topsoil"; to the Committee on the Judiciary.
By Delegates Martin, Susman, Hatfield, Hrutkay, Louisos, Perry and Beach:
H. B. 2499 - "A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §18-7A-26t, relating to increasing supplemental benefits to certain teacher retirement annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegate Louisos:
H. B. 2500 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-1-5a, relating to providing that a commercial lender, who forecloses upon or repossesses collateral on a loan, whether the collateral is real or personal property, must consider the loan paid in full at the time the property is foreclosed upon or repossessed; providing that in the event a commercial lender sells a note securing a loan prior to the note's maturity that the debtor on the note may purchase the note at a prorated value that is no more than one percent above the prime rate; and, providing that in the event a commercial lender sells a note prior to maturity that contains a balloon provision, that the balloon provision is no longer enforceable "; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Campbell, Craig, Browning, Frederick, Williams and Duke:
H. B. 2501 - "A Bill to amend and reenact §5-10-18 of the Code of West Virginia, 1931, as amended, relating to providing for the termination of membership in the Public Employees Retirement System of Jobs for West Virginia's Graduates; extending the time period for members to purchase previously forfeited credited service; effective dates; and specifying interest rate "; to the Committee on Pensions and Retirement then Finance.
By Delegates Palumbo, Houston, Hrutkay, Paxton, Canterbury and Evans:
H. B. 2502 - "A Bill to amend and reenact §22-26-5 of the code of West Virginia, 1931, as amended, relating to the joint legislative oversight commission on state water resources and membership thereof"; to the Committee on the Judiciary.
By Delegates Kominar, Frederick, Hartman, Long, Talbott, Ron Thompson, and H. White:

H. B. 2503 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto three new sections, designated §33-17A-4a, §33-17A-4b and §33-17A-4c, relating to providing an alternative method for nonrenewal of property insurance; manner of electing alternative method; and requiring report to the Legislature "; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Staton, Browning, DeLong, Ennis, Swartzmiller, Varner and G. White:
H. B. 2504 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15-23, relating to water treatment plant solids generally; and requiring promulgation of legislative rules to encourage beneficial use of water treatment plant solids "; to the Committee on the Judiciary.
By Delegates Stalnaker, Craig, Amores and Hall:
H. B. 2505 - "A Bill to amend and reenact §5-10D-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §16-5U-1, §16-5U-2, §16-5U-3, §16-5U-4, §16-5U-5, §16-5U-6, §16-5U-7, §16-5U-8, §16-5U-9, §16-5U-10, §16-5U-11, §16-5U-12, §16-5U-13, §16-5U-14, §16-5U-15, §16-5U-16, §16-5U-17, §16-5U-18, §16-5U-19, §16-5U-20, §16-5U-21, §16-5U-22, §16-5U-23, §16-5U-24, §16-5U-25, §16-5U-26, §16-5U-27, §16-5U-28, §16-5U-29, §16-5U-30, §16-5U-31, §16-5U-32, §16-5U-33 and §16-5U-34, all relating to the Consolidated Public Retirement Board; providing that the Board administer the Emergency Medical Services Retirement System; reflecting the long-standing fiduciary obligation of Consolidated Public Retirement Board members to the plans they administer; clarifying the personal liability of Board members to the retirement plans they administer; clarifying that Board members shall discharge their duties in accordance with the law; establishing the Emergency Medical Services Retirement System; setting forth definitions; providing effective dates; establishing federal qualification requirements; providing for liberal construction; providing that plan is not a substitute for social security; providing for and setting membership standards; setting forth required contributions from members and employers; creating fund and providing for investments; providing for transfer from Public Employees Retirement System; setting time limits; setting forth notice requirements and requiring a test case; commencement of benefits; federal law maximum benefit limitations and minimum required distributions; direct rollovers; providing for retirement credited through member's use of accrued annual or sick leave; providing for retirement benefits; setting forth annuity options; providing for refunds in certain circumstances; deferred retirement; forfeitures; awards and benefits for duty-related disability and for other causes; physical examinations; termination of disability; prior disability; awards and benefits to surviving spouse; additional death benefits and scholarships for dependent children; burial benefit; prohibiting double death benefits; loans to members; exemption from taxation, garnishment and other process; qualified domestic relation orders; fraud; criminal penalties; repayment; treatment of prior military service; pro rata reduction of annuities; effective date; starting date for benefits; limitation of county liability; and providing for no forfeiture of benefits if system terminates "; to the Committee on Pensions and Retirement then Finance.
Consent Calendar
Second Reading
H. B. 2449, Continuation of the West Virginia Board of Manufactured Housing Construction and Safety; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
Com. Sub. for H. B. 2177, Establishing a new license plate that designates city or municipal law-enforcement departments; on first reading, coming up in regular order, was read a first time and ordered to second reading.
House Calendar
Third Reading
H. B. 2286, Relating to the sounding of Taps at veteran's honors funerals; 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. 31), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Eldridge, Ennis, Ferrell, Fragale, Hamilton, Schoen, Swartzmiller and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2286) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
H. B. 2285, Providing a procedure for payment of the veterans bonus to veterans of the Kosovo, Afghanistan, and Iraq conflicts; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 32), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Eldridge, Ennis, Ferrell, Fragale, Hamilton, Schoen, Swartzmiller and Tucker.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 33), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Eldridge, Ennis, Ferrell, Fragale, Hamilton, Schoen, Swartzmiller and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2285) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 34), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Eldridge, Ennis, Ferrell, Fragale, Hamilton, Schoen, Swartzmiller and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2285) 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.
H. B. 2328, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2333, Establishing a program to encourage voluntary reclamation of lands adversely affected by mining activities; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Eldridge, Ennis, Ferrell, Fragale, Hamilton, Schoen, Swartzmiller and Tucker.
Miscellaneous Business
Delegate Eldridge noted to the Clerk that he was absent when the votes were taken on Roll Nos. 31 through 34, and that had he been present, he would have voted "yea" thereon.
At 10:30 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, February 21, 2005.