__________*__________
Monday, February 21, 2005
The House of Delegates met at 1:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 18, 2005, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the Special Reclamation Fund,
in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the Office of the Consumer Advocate and Their Party
Causes of Action: Effects on West Virginia Insurance Markets reports of the Offices of the Insurance
Commissioner, pursuant to House Bill 4004 passed during the 2004 Legislative session; which was
filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the SIDS Quarterly Report of the West Virginia Department
of Health and Human Resources, in accordance with section ten, article one, chapter sixteen of the
code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004-2005 annual report of the West Virginia
Legislature's Joint Committee on Government Operations, in accordance with the provisions of
article ten, chapter fourteen of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Department
of Military Affairs and Public Safety Division of Corrections, in accordance with section one, article
fourteen, chapter thirty-seven of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the West Virginia Motorcycle
Safety Program, in accordance with the provisions 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 that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2285, Providing a procedure for payment of the veterans bonus to veterans of the
Kosovo, Afghanistan, and Iraq conflicts.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2286, Relating to the sounding of Taps at veteran's honors funerals.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests.
Resolutions Introduced
Mr. Speaker, Mr. Kiss and Delegates DeLong, Amores, Anderson, Argento, Armstead,
Ashley, Azinger, Barker, Blair, Boggs, Border, Browning, Butcher, Cann, Canterbury, Caputo,
Carmichael, Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Fragale, Frich, Hall,
Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Longstreth,
Louisos, Mahan, Manchin, Martin, Michael, Moore, Morgan, Overington, Palumbo, Paxton,
Perdue, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Sobonya,
Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb,
Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wakim, Walters,
Webster, Wells, Gil White, H. K. White, Wysong and Yost offered the following resolution, which
was ready by its title:
H. R. 14 - "Recognizing the heroic service of America's veterans and commemorating
Veterans' Appreciation Day at the House of Delegates."
Whereas, From the Revolutionary War to recent struggles, America's men and women have
continued to rise beyond the call of duty in order to both preserve the freedom of the United States
and to help maintain sovereignty throughout the world; and
Whereas, Of the 25 million veterans currently alive, nearly three of every four veterans have
served during a war or an official period of hostility - about a quarter of the nation's population; and
Whereas, Per capita, more citizens from West Virginia have served in our nation's armed
forces than from any other state in the union; and
Whereas,
Through wars, conflicts and the threat of terror,
thousands of West Virginians
have paid the ultimate price for freedom with their lives with thousands more brave West Virginians
being wounded in battle; and
Whereas, This legislative body is proud to honor and pay homage to those West Virginian
veterans who have served, and those who are currently serving, in harms way to protect American
democracy from the threat of terror; and
Whereas, This legislative body wishes to convey its gratitude and recognition to those brave
West Virginians who have faced the opposition, been wounded and even given their lives in the
name of freedom; and
Whereas, All veterans deserve our thanks and praise for their selfless sacrifices, service and
dedication. The significance of what these men and women of the armed forces have provided to the
citizens of this Nation should never be understated; and
Whereas, This legislative body is proud to espouse the goal set for us by President John F.
Kennedy who said, "Our goal is not the victory of might, but the vindication of right; not peace at
the expense of freedom, but both peace and freedom, here in this hemisphere, and around the world.
God willing that goal will be achieved"; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the heroic service and sacrifice of America's
veterans; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the West Virginia Division of Veterans Affairs.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 14) to a committee was dispensed with and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, Delegate DeLong demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 35), 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: Brown and Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 14) adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates DeLong, Iaquinta, Crosier, Stemple, Fragale, Doyle and Martin:
H. B. 2506 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-1B-27, relating to creating the West Virginia Military Family
Relief Fund; establishing an income tax checkoff on individual tax returns for contributions;
providing that subject to appropriation the department of military affairs and public safety has the
power to make grants from the West Virginia Military Family Relief Fund to families of persons
who are members of the West Virginia national guard and to West Virginia residents who are
members of the reserves of the United States armed forces and who have been called to active duty;
and authorizing legislative rule to establish criteria for grants";
to the Committee on
Veterans
Affairs and Homeland Security then Finance.
By Delegates Frederick, Stalnaker, Walters, Rowan and Cann:
H. B. 2507 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13V-1 and §11-13V-2; and to amend said code by adding thereto a new section, designated §18B-10-7c, all relating generally to incentives for the GED"; to
the Committee on Education then Finance.
By Delegates Frederick, Stalnaker, Walters, Rowan and Cann:
H. B. 2508 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5B-2B-10, relating generally to the self-employment assistance
act"; to the Committee on Industry and Labor, Economic Development and Small Business then
Finance.
By Delegates Frederick, Stalnaker, Walters, Rowan and Cann:
H. B.2509 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-7-4, relating to the creation of the West Virginia Literacy
Council
"
; to the Committee on
Government Organization then Finance.
By Delegates Frederick, Stalnaker, Walters, Rowan and Cann:
H. B. 2510 - "A Bill to amend and reenact §18B-3D-4 of the code of West Virginia, 1931,
as amended, relating to the workforce development initiative generally; and providing that public
sector employers may participate in the initiative under certain circumstances"; to the Committee
on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Frederick, Stalnaker, Walters, Rowan and Cann:
H. B. 2511 - "A Bill to amend and reenact §18C-5-7 of the code of West Virginia, 1931, as
amended, relating to the higher education adult part-time student grant program"; to the Committee
on Education then Finance.
By Delegates Frederick, Stalnaker, Walters, Rowan and Cann:
H. B. 2512 - "A Bill to amend and reenact §5B-2B-3 of the code of West Virginia, 1931, as amended, relating to the membership of the West Virginia workforce investment council"
; to the
Committee on
Industry and Labor, Economic Development and Small Business then Government
Organization.
By Delegate Williams:
H. B. 2513 - "A Bill to amend and reenact §8-22-26 of the Code of West Virginia, 1931,
as amended, relating to increasing a surviving spouse's death benefit under a municipal police
officer's or firefighter's pension from sixty percent to eighty percent of the member's pension"; to
the Committee on Pensions and Retirement then Finance.
By Delegate Walters:
H. B. 2514 - "A Bill to amend and reenact §33-16-2 of the Code of West Virginia, 1931, as
amended, relating to insurance and group insurance policies"; to the Committee on
Banking and
Insurance then the Judiciary.
By Delegate Walters:
H. B. 2515 - "A Bill to amend and reenact §5-1-20 of the code of West Virginia, 1931, as
amended, relating to reports to the Governor from officers of the executive departments and state
institutions; requiring all state officers, boards, commissions, departments and institutions to report
to the Governor, Speaker of the House of Delegates and President of the Senate; notice of
disallowance or potential disallowance of federal funds"; to the Committee on
Government
Organization then Finance.
By Delegate Walters:
H. B. 2516 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-4-2b, relating to pay incentives for teachers who teach in their core field degree"; to the Committee on Education then Finance.
By Delegate Stalnaker:
H. B. 2517 - "A Bill to amend and reenact §16-29B-19 of the code of West Virginia, 1931,
as amended, relating to providing that the health care authority may not set hospital rates for any
hospital licensed to operate one hundred beds or less"; to the Committee on
Health and Human
Resources then Government Organization.
By Delegate Amores:
H. B. 2518 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-10b; and to amend said code by adding thereto a new
section, designated §11-24-9d, all relating to allowing a credit against corporate and personal income
tax for employers who provide child day care services for their employees"; to the Committee on
Finance.
By Delegate Hall:
H. B. 2519 - "A Bill to amend and reenact §61-3-12 of the code of West Virginia, 1931, as
amended, relating to the criminal offense of breaking and entering a building other than a dwelling
house; expanding the criminal intent element to include the intent to commit any crime; and thereby
removing the limited element of an intent to commit a felony or larceny"; to the Committee on the
Judiciary.
By Delegate Williams:
H. B. 2520 - "A Bill to amend and reenact §18-9D-3, §18-9D-15 and §18-9D-16 of the
Code of West Virginia, 1931, as amended, all relating to the distribution of moneys by the School
Building Authority; providing that county school boards may spend authority moneys on any school that has been included in an approved comprehensive educational facilities plan; providing that no
one criterion, especially economies of scale, may dominate other statutory criteria when decisions
are made to award grant moneys; and requiring the School Building Authority to undergo legislative
rule-making review and have its guidelines approved as legislative rules"; to the Committee on
Education then Finance.
By Delegates Boggs, Pino, Stemple, Perry and Talbott:
H. B.2521 - "A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as
amended, relating to increasing the number of allowable magistrate court deputy clerks; and
designating an additional deputy clerk for Braxton County"; to the Committee on the Judiciary.
By Delegates Argento, DeLong, Manchin, Stemple, Pino, Amores and Webster:
H. B. 2522 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §60-1-5b; to amend and reenact §60-4-2, §60-4-3 and §60-4-15;
to amend and reenact §60-6-1 and §60-6-2 of said code; and to amend said code by adding thereto
a new section, designated §60-6-26, all relating to creating and licensing mini-distilleries; allowing
the tasting and retail sale of liquor produced by a mini-distillery at the licensed premise; and
allowing mini-distillery advertising off the licensed premises"; to the Committee on the Judiciary.
By Delegates Perry, Pino, Long, Tabb, Hrutkay and Armstead:
H. B.2523 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-9c, relating to making it a crime for released inmates to
contact correctional employees and requiring that inmates be advised of such prohibition upon
release"; to the Committee on the Judiciary.
By Delegates Boggs and Varner:
H. B. 2524 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-9c, relating to creating the criminal offense of harassment
of a participant of a neighborhood crime watch; defining terms; and providing a criminal penalty";
to the Committee on the Judiciary.
By Delegates Campbell, Williams, Perry and Beach:
H. B. 2525 - "A Bill to amend and reenact §18-2-13 of the Code of West Virginia, 1931, as
amended, relating to removing the requirement to contract for independent evaluation and report to
Legislative Oversight Commission every two years on character education program in public
schools"; to the Committee on Education.
By Delegate Williams:
H. B. 2526 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §4-11A-4a, relating to providing that medical monitoring may
not be awarded against participants in the tobacco master settlement agreement and preserving
traditional actions for actual injury"; to the Committee on the Judiciary.
By Delegates Campbell, Williams, Perry and Beach:
H. B. 2527 - "A Bill to amend and reenact §18A-4-8e of the Code of West Virginia, 1931,
as amended, relating to competency testing for service personnel; and authorizing employees of
multicounty vocational school that serves county to administer tests"; to the Committee on Education
then Finance.
By Delegates Campbell, Williams, Perry and Beach:
H. B. 2528 - "A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931,
as amended, relating to alternative programs for the education of teachers; providing for alternative program certificate, eligibility, issuance, scope and renewal limitation; changing activities,
components and phases of training for alternative programs; providing for program coordination,
training and approval"; to the Committee on Education then Finance.
By Delegate Ron Thompson:
H. B. 2529 - "A Bill to amend and reenact §32A-3-1 and §32A-3-3 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated
§32A-4-1, §32A-4-2, §32A-4-3, §32A-4-4, §32A-4-5, §32A-4-6, §32A-4-7, §32A-4-8, §32A-4-9,
§32A-4-10, §32A-4-11, §32A-4-12, §32A-4-13, §32A-4-14, §32A-4-15, §32A-4-16, §32A-4-17,
§32A-4-18, §32A-4-19, §32A-4-20, §32A-4-21, §32A-4-22, §32A-4-23, §32A-4-24, §32A-4-25,
§32A-4-26, §32A-4-27, §32A-4-28, §32A-4-29, §32A-4-30 and §32A-4-31, all relating to the
deferred deposit loan act"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Romine and Schoen:
H. B. 2530 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion
when the woman seeking it is doing so solely on account of the gender of the fetus; prescribing a
criminal penalty for violations of the section"; to the Committee on
Health and Human Resources
then the Judiciary.
By Delegate Ron Thompson:
H. B. 2531 - "A Bill to amend and reenact §16-2I-7 and §16-2I-9 of the Code of West
Virginia, 1931, as amended, all relating to requiring physicians and medical institutions to report
instances where abortions have been performed due to perceived congenital defects of fetuses;
providing a civil penalty for failing to report an abortion"; to the Committee on
Health and Human Resources then the Judiciary.
By Delegates Carmichael, Frich and Hall:
H. B. 2532 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to requiring medical practitioners who perform
abortions to estimate the gestational age of the fetus by using ultrasound analysis and measurement;
prescribing criminal penalties for violations of the section"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Sumner, Howard and Sobonya:
H. B. 2533 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-8a, relating to providing a separate felony offense for a
person convicted of causing the death or serious injury to an unborn child while attempting to cause
death or serious bodily injury to a pregnant woman; and providing a penalty"; to the Committee on
Health and Human Resources then the Judiciary.
By Delegates Walters:
H. B. 2535 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §4-9-1, §4-9-2 and §4-9-3, all relating to creation of the Verifiable
Science Act; and providing for access by the public to any purported scientific data or other
information used as the basis for proposed legislative rules or statutory enactments"; to the
Committee on Education then the Judiciary.
By Delegates Walters:
H. B. 2536 - "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as
amended, relating to providing that county boards of education may, in cooperation with local public or regional transit authorities study the feasibility of entering into cooperative agreements to
transport students to and from school; and setting certain requirements for the proposed cooperative
agreements"; to the Committee on Education then Finance.
By Delegates Stalnaker:
H. B. 2537 - "A Bill to amend and reenact §18B-1-1d of the Code of West Virginia, 1931,
as amended, relating to raising the allowable earnings limit of higher education personnel who
retired under the severance plan and setting forth an external standard to govern this limit"; to the
Committee on Pensions and Retirement then Finance.
By Delegates Williams:
H. B. 2538 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-10C-1, §19-10C-2, §19-10C-3, §19-10C-4, §19-10C-5,
§19-10C-6, §19-10C-7, §19-10C-8, §19-10C-9, §19-10C-10, §19-10C-11, §19-10C-12, §19-10C-13,
§19-10C-14 and §19-10C-15, all relating to "The West Virginia Wild Game Breeder's and Dealer's
Licensing Act'; short title; legislative findings; definitions; license and fees for the breeding, rearing,
dealing, taking and killing of game stock; enclosures and pens for game stock; removal of game
stock from licensed premises and identification of the removed game stock; records of transactions;
inspection of records and facilities by the Commissioner of Agriculture; investigation of complaints;
orders and hearings; suspensions, revocations and refusals of licenses; importing game stock into
the state; health inspection requirements; requirement for a health certificate; Commissioner of
Agriculture to enforce and propose rules to administer the article; and criminal and civil penalties
for violation of this article or Commissioner's rules"; to the Committee on
Agriculture and Natural
Resources then the Judiciary.
By Delegates Frich, Tansill, Swartzmiller, Wakim, Roberts, DeLong, and Trump:
H. B. 2539 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to exempting all monetary benefits derived from military retirement from
personal income tax obligations for persons who are sixty-two years of age or older"; to the
Committee on Finance.
By Delegates Amores, Frederick and Ron Thompson:
H. B. 2540 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13V-1, §11-13V-2, §11-13V-3, §11-13V-4, §11-13V-5,
§11-13V-6, §11-13V-7, §11-13V-8, §11-13V-9, §11-13V-10, §11-13V-11 and §11-13V-12, all
relating to taxation; and providing a tax credit for high technology manufacturing companies"; to the
Committee on Finance.
By Delegates Amores and Mahan:
H. B. 2541 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §4-13-1, §4-13-2 and §4-13-3; and to further amend said code by
adding thereto a new article, designated §61-13-1, §61-13-2 and §61-13-3, all relating to criminal
justice; creating the West Virginia Legislative Criminal Justice Resource Center; creating the joint
committee on criminal justice; establishing the duties of the joint committee on criminal justice;
allowing access to records; creating the West Virginia criminal justice system task force; and
establishing the objectives and duties of the task force"; to the Committee on Government
Organization then Finance.
By Delegate Louisos:
H. B. 2542 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7,
§3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17,
§3-12-18, §3-12-19, §3-12-20, §3-12-21, §3-12-22, §3-12-23 and §3-12-24, all relating to elections
generally; establishing the West Virginia clean elections act; providing that the provisions of the act
are applicable to candidates for the office of Governor, Attorney General, Auditor, Commissioner
of Agriculture, Secretary of State, Treasurer and candidates for seats in the Legislature; setting forth
certain legislative findings and declarations; defining certain terms; setting forth eligibility criteria
for qualifying party independent candidates; requiring qualifying candidates to comply with all
provisions of the act; prohibiting participating candidates from accepting private contributions other
than specifically set forth in the act; requiring candidates to keep records and report to the state
election commission; prohibiting the use of personal funds for certain purposes; providing for seed
money contributions; requiring the state election commission to certify eligible candidates; providing
that qualified candidates shall receive funding for election campaigns from the clean elections fund;
specifying amounts of such funds for each office; requiring certain disclosures; setting forth certain
duties of the state election commission; establishing a clean elections fund; providing for the deposit
of certain revenue into the fund; requiring repayment of excessive expenditures by candidates;
providing both civil and criminal penalties for violations of the act and setting forth an effective
date"; to the Committee on
the Judiciary then Finance.
By Delegate Louisos:
H. B. 2543 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to issuance of registration plates generally; providing for the issuance of free
motor vehicle registration plates to any retired member of the United States Armed Services; and providing that the registration plate indicate the retirees' branch of service"; to the Committee on
Roads and Transportation then Finance.
By Delegates H. White, Kominar, Ron Thompson and Frederick:
H. B. 2544 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-14C-36a; to amend said code by adding thereto a new article,
designated §11-14D-1; and to amend and reenact §11-15-9 of said code, all relating to creation of
the Economic Development Enterprise Zone Act of 2005; providing findings and purpose;
exempting qualified service stations, truck stops and convenience stores from the payment of excise
taxes on sales of gasoline, special fuel and from the payment of consumer sales tax on the sale of
gasoline, special fuel and food items; exempting particular grocery stores from the payment of the
consumer sales tax on the sale of food items; and making the exemptions applicable to service
stations, truck stops, convenience stores and grocery stores located within five miles of similarly
situated businesses in bordering states and located in counties which the unemployment rate has been
at least ten percent for the previous four consecutive calender quarters"; to the Committee on
Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Ennis, Stemple, Rick Thompson and Varner:
H. B. 2545 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as
amended, relating to license to carry a deadly weapon; and adding a training course exception for
certain veterans"; to the Committee on the Judiciary.
By Delegates Long, Spencer, Talbott, Barker, Hunt and Rowan:
H. B. 2546 - "A Bill to amend and reenact §11-16-19 of the Code of West Virginia, 1931,
as amended, and to amend and reenact §60-3A-24 of said code, all relating to underage possession, etc., of nonintoxicating beer and alcoholic liquor; and conforming state law to federal requirements
by providing that violation by a person under the age of eighteen constitutes a status offense instead
of a misdemeanor"; to the Committee on the Judiciary.
By Delegate Caputo:
H. B. 2547 - "A Bill to amend and reenact §21A-1A-27 of the code of West Virginia, 1931,
as amended; and to amend and reenact §21A-6-10 and §21A-6-11 of said code, all relating to
changing the amount a person can earn while receiving unemployment compensation benefits,
without it changing the benefits received, from sixty dollars a week to forty percent of the person's
weekly benefit rate"; to the Committee on the Judiciary then Finance.
By Delegates Tucker, Perdue, Leach, Long, Marshall, Trump and Canterbury:
H. B. 2548 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-2K-5, all
relating to requiring the State Board of Education to adopt and disseminate guidelines for the
development and implementation of individual diabetes care plans and to require local boards of
education to implement these guidelines"; to the Committee on Health and Human Resources then
Education.
By Delegate Walters:
H. B. 2549 - "A Bill to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931,
as amended, relating to authorizing colleges and universities to charge county boards of education
for remedial education classes attended by graduates of West Virginia high schools"; to the
Committee on Education then Finance.
By Delegate Doyle:
H. B. 2550 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18B-19-1, §18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5,
§18B-19-6, §18B-19-7, §18B-19-8, §18B-19-9, §18B-19-10 and §18B-19-11, all relating to creating
the institute for increased postsecondary education; definitions; legislative findings and purpose;
creating management board; general powers; report required; compensation of board members;
liberal construction of article; and termination date"; to the Committee on Education then Finance.
By Delegate Perdue:
H. B.2551 - "A Bill to amend and reenact §46A-4-101 of the code of West Virginia, 1931,
as amended, relating to prohibiting out-of-state lenders from making loans over the internet or by
other means unless they are licensed in West Virginia or otherwise authorized by law"; to the
Committee on Banking and Insurance then Judiciary.
By Delegates Caputo, Frederick and Romine:
H. B. 2552 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new chapter, designated §44C-1-101, §44C-1-102, §44C-1-103, §44C-1-104, §44C-1-105,
§44C-1-106, §44C-1-107, §44C-1-108, §44C-1-109, §44C-1-110, §44C-1-111, §44C-1-112,
§44C-2-201, §44C-2-202, §44C-2-203, §44C-2-204, §44C-3-301, §44C-3-302, §44C-3-303,
§44C-3-304, §44C-3-305, §44C-4-401, §44C-4-402, §44C-4-403, §44C-4-404, §44C-4-405,
§44C-4-406, §44C-4-407, §44C-4-408, §44C-4-409, §44C-4-410, §44C-4-411, §44C-4-412,
§44C-4-413, §44C-4-414, §44C-4-415, §44C-4-416, §44C-4-417, §44C-5-501, §44C-5-502,
§44C-5-503, §44C-5-504, §44C-5-505, §44C-5-506, §44C-5-507, §44C-6-601, §44C-6-602,
§44C-6-603, §44C-6-604, §44C-7-701, §44C-7-702, §44C-7-703, §44C-7-704, §44C-7-705,
§44C-7-706, §44C-7-707, §44C-7-708, §44C-7-709, §44C-8-801, §44C-8-802, §44C-8-803, §44C-8-804, §44C-8-805, §44C-8-806, §44C-8-807, §44C-8-808, §44C-8-809, §44C-8-810,
§44C-8-811, §44C-8-812, §44C-8-813, §44C-8-814, §44C-8-815, §44C-8-816, §44C-8-817,
§44C-9-901, §44C-10-1001, §44C-10-1002, §44C-10-1003, §44C-10-1004, §44C-10-1005,
§44C-10-1006, §44C-10-1007, §44C-10-1008, §44C-10-1009, §44C-10-1010, §44C-10-1011,
§44C-10-1012, §44C-10-1013, §44C-11-1101, §44C-11-1102, §44C-11-1103, §44C-11-1104,
§44C-11-1105 and §44C-11-1106, all relating to the uniform trust code"; to the Committee on the
Judiciary.
By Delegate Walters:
H. B. 2553 - "A Bill to amend and reenact §18B-1B-4 of the Code of West Virginia, 1931,
as amended, relating to requiring the Higher Education Policy Commission to ensure that no person
employed by any state institution of higher education, or who provides services to any state
institution of higher education or to the Higher Education Policy Commission, performs or
participates in or instructs students in how to perform any abortion or abortion procedure; and
creating a criminal penalty for persons who are employed by any state institution of higher education,
or who provide services to any state institution of higher education or to the Higher Education Policy
Commission from performing or participating in or instructing students in how to perform any
abortion or abortion procedure"; to the Committee on Health and Human Resources then the
Judiciary.
By Delegate Walters:
H. B. 2554 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4 and §11-13W-5,
all relating to the "Small Business Development Incentive Program for Internal Growth Act"; providing a short title; declaring legislative findings; providing definitions of certain terms;
providing exemptions from certain business-related taxes required by the state; and requiring the
Commissioner of the Department of Revenue to propose legislative rules to implement the purposes
and provisions of the article"; to the Committee on Industry and Labor, Economic Development and
Small Business then Finance.
By Delegates Hatfield, Brown and Amores:
H. B. 2555 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2J-1, §16-2J-2 and §16-2J-3, all relating to "Crisis Pregnancy
Organizations"; providing definitions; providing limitations and requirements relative to when crisis
pregnancy organizations may render services to women with unplanned or unwanted pregnancies";
to the Committee on Health and Human Resources then the Judiciary.
By Delegates Walters and Armstead:
H. B. 2556 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to the allowance of mortgage or deed of trust interest paid on a personal
residence as a deduction for personal income tax purposes"; to the Committee on Finance.
By Delegates Walters and Armstead:
H. B. 2557 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6, §4-13-7 and
§4-13-8, all relating to the state payment for state mandates act; legislative findings; definitions;
requirement for funding of state mandates; establishing office of local mandates; mandate review
requirements; notification of local impact statement; and appropriations requirement"; to the
Committee on Government Organization then Finance.
By Delegates DeLong, Ennis, Swartzmiller and Fragale:
H. B. 2558 - "A Bill to amend and reenact §29-22B-1101 of the Code of West Virginia,
1931, as amended, relating to the limitation of the number and location of video lottery terminals";
to the Committee on the Judiciary then Finance.
By Delegates Ashley and Stevens:
H. B. 2559 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-16B-11, relating to providing that unborn children are eligible
for the children's health insurance program"; to the Committee on Health and Human Resources
then the Judiciary.
By Delegates Sumner, Evans, Leggett and Lane:
H. B. 2560 - "A Bill to amend and reenact §19-20A-2 of the Code of West Virginia, 1931,
as amended, relating to requiring that dogs and cats be vaccinated every three years with rabies
vaccines that last three years"; to the Committee on Agriculture and Natural Resources then the
Judiciary.
By Delegate Sumner (By Request):
H. B. 2561 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-4-7c, relating to providing seniority rights are preserved for
teachers and other professional employees that transfer to employment in another county"; to the
Committee on Education then Finance.
By Delegates Walters, Frich, Carmichael, Trump, Armstead, Lane and Wakim:
H. B. 2562 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to calculation of West Virginia adjusted gross income for personal income tax purposes; subtracting social security benefits from federal adjusted gross income to the extent
included in federal gross income for federal income tax purposes"; to the Committee on Finance.
By Delegates Perdue, Hall and Long:
H. B. 2563 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §9-4E-1 and §9-4E-2, all relating to exempting physicians from
obtaining medicaid preauthorization before dispensing or prescribing immunosuppressives or
medications for treatment of cancer, human immunodeficiency virus, acquired immune deficiency
syndrome, or hepatitis C or in order to avoid catastrophic results from inadequate and untimely
treatment; and providing findings by the Legislature"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Stalnaker, Amores, Craig, Fragale and Hall:
H. B. 2564 - "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; 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 from 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.
By Delegates Sobonya, Hamilton, Howard, Brown and Sumner:
H. B. 2565 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to exempting certain recipients of military medals of valor from special
registration fees"; to the Committee on Roads and Transportation then Finance.
By Delegates Schoen and Martin:
H. B. 2566 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as
amended, relating to adding a magistrate to those serving Putnam County"; to the Committee on the
Judiciary then Finance.
By Delegates Perry, Pino and Hrutkay:
H. B. 2567 - "A Bill to amend and reenact §50-5-7 of the Code of West Virginia, 1931, as
amended, relating to providing for the continuation of misdemeanor prosecutions in circuit court
cases where a defendant is charged by complaint with both felonies and misdemeanors"; to the
Committee on the Judiciary.
By Delegates Perry, Martin and Hrutkay:
H. B. 2568 - "A Bill to amend and reenact §8-22-25 of the Code of West Virginia, 1931, as
amended, relating to increasing retirement pensions for police and firefighters"; to the Committee
on Pensions and Retirement then Finance.
By Delegates Williams, Stemple and Varner:
H. B. 2569 - "A Bill to amend and reenact §61-3-39g of the Code of West Virginia, 1931,
as amended, relating to providing that when a person from another state writes a worthless check in
this state which results in a summons to appear in magistrate court but then fails to appear shall have
his or her privilege to drive in this state revoked; and providing that the Department of Motor
Vehicles provide a copy of the revocation to the state wherein the person holds a driver's license";
to the Committee on
the Judiciary then Finance.
By Delegates Ron Thompson, Perry and H. White:
H. B. 2570 - "A Bill to amend and reenact §7-6-2 of the Code of West Virginia, 1931, as
amended; to amend and reenact §8-13-22a of said code; to amend and reenact §18-9-6 of said code, all relating to the requirement of banking institutions to post bond or other security for the deposit
of county, municipal or county board of education funds"; to the Committee on
Banking and
Insurance then the Judiciary.
By Delegates Stemple, Swartzmiller, Campbell and Varner:
H. B. 2571 - "A Bill to amend and reenact §7-14D-2 of the Code of West Virginia, 1931,
as amended, relating to the Deputy Sheriff Retirement System generally; and changing the final
average salary calculation from five to three years for purposes of calculating the accrued retirement
benefit of a Deputy Sheriff Retirement System member"; to the Committee on
Pensions and
Retirement then Finance.
By Delegates Schoen and Boggs:
H. B. 2572 - "A Bill to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931,
as amended, relating to prohibiting abortions at state college or university medical facilities, except
when the abortion is necessary to save the life of the woman receiving the abortion
"; to the
Committee on
Health and Human Resources then the Judiciary.
By Delegate Louisos:
H. B. 2573 - "A Bill to amend and reenact §24-2-4 of the Code of West Virginia, 1931, as
amended, relating to public utilities; providing that a public utility may not utilize minimum billing
of customers; and providing that customer billing is based on actual usage"; to the Committee on the
Judiciary.
By Delegates Yost, Ennis, Tucker, DeLong, Pethtel and Swartzmiller:
H. B. 2574 - "A Bill to amend and reenact §17C-5-4 and §17C-5-7 of the Code of West
Virginia, 1931, as amended, all relating to authorizing issuance of warrants to extract blood analysis of persons charged with driving under the influence"; to the Committee on
the Judiciary.
By Delegates Williams, Kominar and Frederick:
H. B. 2575 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-5-22, relating to providing a year-round fifty percent reduction
in campground rental fees for veterans with a total and permanent disability of the lower
extremities"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegates Kominar, H. White, Browning and Mahan:
H. B. 2576 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-2-1a, relating to providing that members and staff of the
Legislature shall receive one quarter of required continuing education for each regular session
worked or served; clarifying that certain attorneys are exempt from mandatory continuing education;
and specifying crime and criminal penalties"; to the Committee on
the Judiciary.
By Delegates Williams and Amores:
H. B. 2577 - "A Bill to amend and reenact §52-1-1, §52-1-7, §52-1-8, §52-1-11, §52-1-23
and §52-1-24 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto
two new sections, designated §52-1-10a and §52-1-23a; to amend and reenact §52-3-1 of said code;
and to amend said code by adding thereto a new article, designated §52-4-1, all relating to petit jury
service"; to the Committee on
the Judiciary.
By Delegates Williams, Crosier, and Sumner:
H. B. 2578 - "A Bill to amend and reenact §18-9A-5a and §18-9A-5b of the Code of West
Virginia, 1931, as amended, all relating to increasing the ratios of professional and service personnel
to students in net enrollment and establishing the ratios for certain school years"; to the Committee on Education then Finance.
By Delegates Walters and Schadler:
H. B. 2579 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-8-14, relating to requiring persons incarcerated in jail to pay for
the costs of incarceration for the first five days, and providing for reimbursement of same when the
person so incarcerated is ultimately acquitted of the charges that resulted in the incarceration
"
; to
the Committee on the Judiciary then Finance.
By Delegates Susman and Hatfield:
H. B. 2580 - "A Bill to amend and reenact §11-15-3 of the Code of West Virginia, 1931, as
amended, relating to the consumers sales tax generally; and phasing out the consumers sales tax on
food over a period of up to ten years"; to the Committee on Finance.
By Delegates Susman and Leach:
H. B. 2581 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17C-15-46a, relating to prohibiting any person fourteen years of
age or younger from riding in the back of an open truck; exceptions; and penalty"; to the Committee
on
Roads and Transportation then the Judiciary.
By Delegates Stalnaker, Kominar, H. White, Michael and Amores:
H. B. 2582 - "A Bill to amend and reenact §29-22-12 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §29-22A-16 of said code, all relating to video lottery offenses
in general; making it a felony to steal lottery tickets and establishing the penalty therefor; and making
it a felony to use, or assist another in the use of, certain electronic, electrical, or mechanical devices
to obtain an advantage at playing any racetrack video lottery machine, and establishing the penalty therefor"; to the Committee on the Judiciary.
By Delegates Stalnaker, Browning and Ron Thompson:
H. B. 2583 - "A Bill to amend and reenact §12-4-14 of the Code of West Virginia, 1931, as
amended, relating to providing flexibility to organizations receiving less than one hundred thousand
dollars of state funds in obtaining audits and reviews"; to the Committee on Government
Organization then Finance.
By Delegates Spencer and Michael:
H. B. 2584 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-5-10, relating to the reimbursement to institutions of higher
education of qualifying noncapital expenditures incurred in the provision of services to students with
physical, learning, or severe sensory disabilities; requiring that any funds allocated under this section
be disbursed according to a formula to be developed by the higher education policy commission;
providing the parameters which shall be used in the development of the aforementioned
reimbursement formula; and requiring that the disbursement of any funds allocated under this section
be on a pro rata basis to be determined by the ratio of the qualifying audited expenses submitted for
consideration for reimbursement to the total amount authorized and appropriated for reimbursement
purposes consistent with this section"; to the Committee on Education then Finance.
By Delegate DeLong:
H. B. 2585 -"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 sludge generally; and
requiring promulgation of legislative rules to encourage beneficial use of water treatment plant
sludge"; to the Committee on the Judiciary.
By Delegate Walters and Armstead:
H. B. 2586 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as
amended, relating to graduated elimination of consumer sales tax on food"; to the Committee on
Finance.
By Delegates Spencer, Walters, Palumbo, Hatfield and Brown.
H. B. 2587 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-1-3oo; to amend and reenact §7-15-10 of said code; to amend
and reenact §8-27-10 of said code; to amend and reenact §10-1-6 of said code; and to amend and
reenact §18-5-13, all relating to granting county commissions, emergency ambulance authorities,
county boards of education, urban mass transit authorities, and the boards of directors of each public
library and county authority to enter into intergovernmental agreements with other county levying
bodies to fund the collection of delinquent personal property taxes"; to the Committee on Pensions
and Retirement then the Judiciary.
Consent Calendar
Third Reading
H. B. 2449, Continuation of the West Virginia Board of Manufactured Housing Construction
and Safety; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 36), 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: Brown, Ferrell and Hatfield.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2449) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on Consent Calendar bills and request concurrence therein.
Second Reading
Com. Sub. for H. B. 2177, Establishing a new license plate that designates city or municipal
law-enforcement departments; on second reading, coming up in regular order, was read a second
time and ordered to engrossment and third reading.
First Reading
H. B. 2534, Continuation of the Tourism Commission; coming up in regular order, was read
a first time and ordered to second reading.
House Calendar
Third Reading
H. B. 2328, Giving precedential application to written advisory opinions issued by the ethics
commission's committee on open governmental meetings; 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. 38),
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: Brown, Ferrell and Hatfield.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2328) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2333, Establishing a program to encourage voluntary reclamation of lands adversely
affected by mining activities, 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. 39),
and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Butcher, Caputo, Hamilton and Manchin.
Absent And Not Voting: Brown, Ferrell and Hatfield.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2333) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
Com. Sub. for H. B. 2444 , Mandatory participation in the motor vehicle alcohol test and
lock program for repeat offenders; on first reading, coming up in regular order, was read a first time
and ordered to second reading.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Brown and Ferrell.
Miscellaneous Business
Delegate Hamilton noted to the Clerk that he was absent when the votes were taken on Roll
No. 31 on Friday, February 18, 2005, and that had be been present, he would have voted "Yea"
thereon.
Delegate Beane asked and obtained unanimous consent that the remarks of Mr. Speaker, Mr.
Kiss, concerning his remarks about the importance of Veterans, be printed in the Appendix to the
Journal.
Delegate Beane also asked and obtained unanimous consent that the remarks of former
member Larry Linch, Director of the Division of Veterans Affairs, delivered to the House today in
observance of Veterans Visibility Day, be printed in the appendix to the Journal.
At 2:01 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Tuesday, February 22, 2005.