__________*__________
Thursday, March 10, 2005
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, March 9, 2005, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2872, Expanding coverage in the Children's Health Insurance Program up to three
hundred percent of the federal poverty level,
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.
In accordance with the former direction of the Speaker, the bill (H. B. 2872) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2731, Health and Human Resources, Department of and Insurance Commissioner,
Uniform Credentialing of Health Care Practitioners,
H. B. 2732, Health and Human Resources, Department of, Implementation of Omnibus
Health Care Act,
H. B. 2733, Health and Human Resources, Department of, Implementation of Omnibus
Health Care Act Payment Provisions,
And,
H. B. 2734, Health Care Authority, Benchmarking and Discount Contract Rule,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2731, H. B. 2732,
H. B. 2733 and H. B. 2734) were each referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2816, Creating the West Virginia Healthy Act of 2005,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2816) was referred to
the Committee on Finance.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. C. R. 21, Requesting the Department of Education to create a position in the Department
to coordinate, oversee and advocate for public school libraries,
And,
H. C. R. 36, Requesting the Division of Highways to name the bridge at McCauley in Hardy
County, West Virginia, the "John and Freda Ruby Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Cann, from the Committee on Industry and Labor, Economic Development and
Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had
under consideration:
H. B. 2777, Making technical changes concerning High-Tech research zones, parks and
technology centers and tax incentives relating thereto,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2777) was referred to
the Committee on Finance.
Chairman Pethtel, from the Committee on Industry and Labor, Economic Development and
Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had
under consideration:
H. B. 2739, Labor, West Virginia, Division of, Elevator Safety Act,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2739) was referred to
the Committee on the Judiciary.
Chairman Cann, from the Committee on Industry and Labor, Economic Development and
Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had
under consideration:
H. B. 2718, Economic Development Authority, West Virginia, High Growth Business
Investment Tax Credit,
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 the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2718) was referred to
the Committee on the Judiciary.
Chairman Pethtel, from the Committee on Industry and Labor, Economic Development and
Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had
under consideration:
H. B. 2713, Contractors Licensing Board, West Virginia Contractor Licensing Act,
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 the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2713) was referred to
the Committee on the Judiciary.
Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2637, Relating to amending the definitions of less than honorable service and
retirement plan,
And,
H. B. 2652, Clarifying lump sum optional payment for unused leave,
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.
In accordance with the former direction of the Speaker, the bills (H. B. 2637 and H. B. 2652)
were each referred to the Committee on Finance.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2782, Increasing the number of members a municipality may appoint to a board of park
and recreation commission from not less than three to not more than seven,
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
Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2782) was referred to
the Committee on Government Organization.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2698, Commercial Sale of Wildlife,
And
H. B. 2742, Revocation of Hunting and Fishing Licenses,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2698 and H. B. 2742)
were each referred to the Committee on the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2812, Extending the time for the Preston County Board of Education to meet as a
levying body for the purpose of presenting a special levy election for the voters in the county,
And,
H. B. 2877, Providing procedure for removal of county, district or municipal officers,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that they each do pass, as amended, but that they first be referred to the Committee
on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2812 and H. B. 2877)
were each referred to the Committee on the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2890, Relating to unlawful methods of hunting and fishing,
And reports the same back, by unanimous vote of the Committee, with a title amendment,
with the recommendation that it do pass, as amended, but that it first be referred to the Committee
on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2890) was referred to
the Committee on the Judiciary.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2705, Agriculture, West Virginia Department of, Commercial Feed,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2705) was referred to
the Committee on the Judiciary.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2669, Inspection of Meat and Poultry,
And
H. B. 2650, Relating to beef industry self improvement program,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2669 and H. B. 2650)
were each referred to the Committee on the Judiciary.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2704, Animal Disease Control,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2704) was referred to
the Committee on the Judiciary.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2815, Requiring the use of an appropriate child passenger restraint device or booster
seat until the child is at least six years of age and weighs at least sixty pounds,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2815) was referred to
the Committee on the Judiciary.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor,
advising that on March 8, 2005, he approved Com. Sub. for S. B. 261.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com Sub. for S. B. 107 - "A Bill to amend and reenact §20-2-7 of the Code of West
Virginia, 1931, as amended, relating to hunting with dogs; providing that persons are not trespassing
or hunting without permission when dog pursues an animal or fowl onto another person's land; and
prohibiting hunting or damaging land while retrieving dog"; which was referred to the Committee
on Agriculture and Natural Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 226 -
"A Bill to amend and reenact §7-10-2 of the Code of West Virginia, 1931, as
amended; to amend and reenact §9-6-9 of said code; to amend said code by adding thereto a new
section, designated §9-6-9a; to amend and reenact §48-27-702 of said code; to amend and reenact
§49-6A-2 of said code; and to amend said code by adding thereto a new section, designated
§49-6A-2a, all relating to requiring cross-reporting among child protective service workers, adult
protective service workers, law-enforcement officers and humane officers of suspected child abuse
or neglect, suspected abuse or neglect of incapacitated or elderly adults or animal cruelty or
inhumane treatment"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 280 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §15-1F-1b, relating to tolling any state licensure or registration
requirement for persons on active duty in the United States military"; which was referred to the
Committee on Veterans Affairs and Homeland Security then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 347 - "A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West
Virginia, 1931, as amended, all relating to authorizing rules; Higher Education Policy Commission;
Council for Community and Technical College Education; Underwood-Smith Teacher Scholarship
Program; West Virginia Engineering, Science and Technology Scholarship Program; Medical Education Fee and Medical Student Loan Program
; and performance indicators"; which was referred
to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 401 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §18B-2A-7, relating to institutional boards of governors; orders,
resolutions, policies, rules and obligations of the governing boards; division of assets and liabilities
by date certain; and financial audits"; which was referred to the Committee on Education.
Resolutions Introduced
Delegates Pino and Perry offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 41- "Requesting The Joint Committee on Government and Finance to make a study
of the salaries of the law-enforcement officers of the Division of Protective Services, excluding the
salaries of the Director and Deputy Director."
Whereas, The salaries of employees of the Division of Protective Services are not
competitive with the salaries of personnel in other similar agencies including municipal, county, state
and federal law-enforcement agencies; and
Whereas, The Division of Protective Services provides excellent training and other support
for its officers, but with a high turnover in personnel, it is unable to retain officers after training as
they often leave the Division to work in other law-enforcement agencies paying higher salaries; and
Whereas, It is becoming more and more difficult for the Division to find, train and retain employees to meet current and future needs of the agency; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review,
examine and study the issues involving the salaries, recruitment and retention of the law-enforcement
officers of the Division of Protective Services; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary, to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on
Government and Finance.
Delegate Hunt (By Request) offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 42 - "Requesting the Governor seek a reciprocal agreement with Florida, pursuant
to §61-7-6 of the Code of West Virginia, allowing persons with licenses to carry concealed weapons
in one state to be considered licensed in the other."
Whereas, Many West Virginians reside in Florida for a significant portion of the year; and
Whereas, These West Virginians who spend time in Florida would benefit from being able
to carry their concealed weapons in Florida without having to go through the process of applying for
a new concealed weapon permit; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor is hereby requested to seek a reciprocity agreement with Florida, allowing persons with licenses to carry concealed weapons in one state to be considered licensed in the other;
and, be it
Further Resolved, That the Clerk of the House of Delegates send a copy of this resolution
to the Governor.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Armstead, Sobonya, Howard and Louisos:
H. J. R. 13 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article six thereof by adding thereto a new section, designated section fifty-seven, relating
to providing that the Constitution of West Virginia does not grant, offer, confer, bestow, or imply
a right of a woman to an abortion"; to the Committee on Constitutional Revision then the Judiciary.
Petitions
Delegate Long presented a petition, signed by one thousand four hundred fifty-one residents
of the Mercer County, requesting that a signal light be installed at the intersection of Rogers Street
and Locus Street; which was referred to the Committee on Roads and Transportation.
Delegates Overington, Hall, Stevens and Frich presented a petition, signed by three hundred
ten residents of the State, in support of a statewide referendum to allow all registered voters to decide
whether or not to legalize table games; which was referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Kiss, and Delegates Staton, Amores, Browning, Mahan and G. White:
H. B. 2959 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-2-5f, relating to the creation of a criminal offense for any
person to knowingly hunt, kill, trap, ensnare, destroy or attempt to destroy an albino deer;
establishing fines and penalties for such violations"; to the Committee on Agriculture and Natural
Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Ashley, Argento, Boggs, Stemple, Michael,
Campbell, Stalnaker, Schadler and Hall:
H. B. 2960 - "A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as
amended, relating to permitting licensed restaurants to sell sealed bottles of wine produced by a
member of the West Virginia Farm Wineries Association for consumption off the premises"; to the
Committee on the Judiciary.
By Delegate Hall:
H. B. 2961 - "A Bill to amend and reenact §3-1-17 of the code of West Virginia, 1931, as
amended; to amend and reenact §3-5-4 of said code; and to amend and reenact §50-1-1 of said code,
all relating to election of magistrates, providing for numbered divisions within counties having more
than one magistrate for election purposes only beginning with the primary and general elections to
be held in the year two thousand eight; and providing for the nomination or election of a candidate
for magistrate receiving the highest number of votes within a division"; to the Committee on the
Judiciary.
By Delegates Amores and Trump:
H. B. 2962 - "A Bill to amend and reenact §3-9-6 of the Code of West Virginia, 1931, as amended, relating to elections generally; and authorizing the Secretary of State to train, appoint and
pay expenses for volunteer election observers"; to the Committee on the Judiciary.
By Delegates Hunt, Fragale, Longstreth, Miley, Ron Thompson, Boggs and Iaquinta:
H. B. 2963 - "A Bill to amend and reenact §11-8-16 of the Code of West Virginia, 1931, as
amended, relating to clarifying the allowance of excess levy elections at primary elections and to
remove language which conflicts with article ten, section eleven of the West Virginia Constitution";
to the Committee on the Judiciary.
By Delegate Tucker:
H. B. 2964 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17-23-4a, relating to prohibiting salvage yards from storing any
salvage within two hundred yards of a stream"; to the Committee on the Judiciary.
By Delegate Leggett:
H. B. 2965 - "A Bill to amend and reenact §17-24-7 of the Code of West Virginia, 1931, as
amended, relating to providing a limitation of liability for remediation costs for certain owners of
real property where waste tires existed when the owners were not responsible for the accumulation
of the waste tires on the property"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates DeLong, Swartzmiller, Cann, Amores,
Varner, Kominar, Ennis, Caputo and Yost:
H. B. 2966 - "A Bill to amend and reenact §19-23-3, §19-23-9, §19-23-12b, §19-23-12c,
§19-23-13b and §19-23-13c of the Code of West Virginia, 1931, as amended; and to amend and
reenact §29-22A-10 and §29-22A-10b of said code, all relating to amending certain provisions of
the code involving horse and dog racing and distribution of certain proceeds; providing a special fund, to be established by the Racing Commission, to be used for the payment of breeders awards,
restrictive races and stakes purses; amending the definition of 'fund'; deleting obsolete provisions;
providing the Racing Commission deposit funds required to be withheld from an association or
licensee, for purposes of retirement withholdings for employees of racing associations or licensees,
into the 'West Virginia Thoroughbred Fund'; deleting the stated objective for the fund to aid in the
rejuvenation and development of horse tracks in the state for capital improvements, etc.; providing
that the Commission establish funds and accounts for each association and licensee rather than
holding funds in deposit in one fund; deleting current provisions concerning the distribution of
balances remaining in breeders/raisers, sire owners and purse supplement funds; clarifying the
meaning of the phrase 'sufficient horses' for purposes of pari-mutuel thoroughbred horse tracks'
provision of restricted races; providing that the 'twenty percent larger' requirement for purses in
restricted races is only applicable to thoroughbred racetracks that have participated in the West
Virginia Thoroughbred Development Fund for more than four consecutive years; providing the
Racing Commission may transfer funds back to the general purse fund if less than seventy-five
percent of the restricted races fail to receive enough entries to race; deleting the provision that
prohibits associations and licensees who qualify for alternate tax provisions contained in subsection
(b), section ten, article twenty-three, chapter nineteen from eligibility for treatment under the
provisions of section thirteen-b, article twenty-three, chapter nineteen; providing that on January
first, two thousand six, licensed racing associations must have a West Virginia Thoroughbred Racing
Breeders Program; providing under provisions relating to the expenditure of racetrack video lottery
funds, that the next two hundred thousand dollars deposited into the West Virginia Racing
Commission Racetrack Video Lottery Account shall be used for promotional activities and purses for open stake races for the West Virginia Derby which is held at a racetrack that did not participate
in the West Virginia Breeders Classic - rather than the current statutory language which designates
nonparticipation in the West Virginia Thoroughbred Development Fund; substituting the breeders
classic for the Thoroughbred Development Fund; and, deleting provisions relating to a racetrack
which does not have a breeder's program, supported by the Thoroughbred Development Fund or
Greyhound Breeding Development Fund, that requires the one and one-half percent of terminal net
income designated for the West Virginia Thoroughbred Development Fund to be diverted to the
special Fund established by the licensee and used for payment of regular purses"; to the Committee
on the Judiciary.
By Delegates Rick Thompson, Stalnaker, Boggs, Leach, Varner, Browning and Evans:
H. B. 2967 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2-5a, relating to compensating state troopers for off-duty time
when they are required to be on standby to be called back to work"; to the Committee on
Government Organization then Finance.
By Delegates Perry, Williams, Crozier, Sumner, Beach, Poling, Paxton, Wysong,
Stephens and Duke:
H. B. 2968 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as
amended, be amended; to amend and reenact §18A-1-1 of said code; to amend and reenact §18A-3-
2b of said code; and to amend and reenact §18A-4-7b of said code, all relating to long-term
substitute professional educators; defining long-term substitute professional educators for the
purposes of eligibility for Public Employee's Insurance coverage; orientation and supervision of
long-term substitute professional educators; and including long-term substitute professional educators as experienced permanently employed personnel for the purposes of filling vacancies";
to the Committee on Government Organization then Finance.
By Delegates Marshall, Beach, Houston, Brown, Rick Thompson, Stephens, Perdue,
Webster, Amores, Manchin and Miley:
H. B. 2969 - "A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as
amended, relating to required tests to be conducted on newborn children; and requiring newborn
children be tested for long QT syndrome"; to the Committee on Health and Human Resources then
the Judiciary.
By Delegate Hall:
H. B. 2970 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2J-1, relating to requiring Rh factor, chlamydia and gonorrhea
tests for all persons seeking to have an abortion; providing a penalty for noncompliance"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, Webster, Hatfield, Marshall and Amores:
H. B. 2971 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to providing that a woman who does not obtain
an abortion because of the influence of a person, organization or group, has a cause of action against
the person, organization or group, if the subsequent pregnancy and delivery results in any physical,
mental or emotional injury to the woman or child; providing that damages may not be limited in spite
of the execution of a consent form; and, providing that the cause of action is not subject to a statute
of limitations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Overington, Sumner, Ron Thompson, Evans, Roberts and Hall:
H. B. 2972 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-5A-12, relating to exempting construction performed on behalf
of county and municipal governments from prevailing wage requirements"; to the Committee on
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates H. White, Hrutkay and Rom Thompson:
H. B. 2973 - "A Bill to repeal §33-8A-8 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §33-8A-2 and §33-8A-3 of said code, all relating to the use of clearing
corporations and federal reserve book-entry system by insurance companies; defining terms;
allowing broker-dealers to act as custodian of insurance company assets; establishing eligibility
standards for broker-dealers to act as custodians; eliminating references to foreign deposit
requirements; and repealing the internal effective date"; to the Committee on Banking and Insurance
then the Judiciary.
By Delegates Wysong and Doyle:
H. B. 2974 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as
amended, relating to public employees insurance generally; eliminating a gap in employment for
certain Alcoholic Beverage Control Commission employees subject to a reduction in force and who
are reemployed; and specifying applicable periods of time"; to the Committee on Banking and
Insurance then Finance.
By Delegates Brown, Webster, Hatfield, Marshall and Amores:
H. B. 2975 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-4-21, relating to requiring all health care insurance plans
offered by the state to public employees to pay for the contraceptive drug RU-486 as a benefit"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Hall:
H. B. 2976 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-7c, relating to requiring all middle schools and high schools
to teach fetal development; and providing that nothing contained in the section can be construed as
approving of abortion"; to the Committee on Education then the Judiciary.
By Delegates Williams, Campbell and Perry:
H. B. 2977 - "A Bill to amend and reenact §18-2-35 of the Code of West Virginia, 1931, as
amended, relating to authorizing school level implementation of student uniform policies; stating
findings and purposes; requiring State Board and county board policies; and specifying certain
provisions that must be addressed in county policies"; to the Committee on Education then the
Judiciary.
By Delegates Williams, Perry, Eldridge, Canterbury, Beach, Marshall and Tabb:
H. B. 2978 - "A Bill to amend and reenact §18-5-18b of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §18A-4-2b, all
relating to public school counselors; making legislative findings with respect to the importance of
counseling for providing a thorough and efficient education for all students; redefining school
counseling and instituting annual professional development for school counselors; establishing the
duties of counselors; providing that no more than one fourth of their work time may be dedicated to
administrative duties; limiting recommended number of students per counselor by the school year
two thousand ten; providing for supplement for certain additional students; providing that certain
school counselors are to be paid a supplement; providing for reimbursement for expenses in attaining certification; and requiring state board rule conform to national standards for counseling programs
to the extent practicable and certain other provisions, including minimum standards for supervision
of counselors and minimum required annual staff development related to school counseling"; to the
Committee on Education then the Judiciary.
By Delegate Hall:
H. B. 2979 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as
amended, relating to the secondary school calendar generally; and providing for up to four days
flexibility for the dates of commencement and termination of instructional school year term"; to the
Committee on Education then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates DeLong, Pino, Varner, Pethtel, Cann and
Amores:
H. B. 2980 - "A Bill to amend and reenact §21-10-5 and §21-10-6 of the Code of West
Virginia, 1931, as amended, all relating to the certification of inspectors, and the inspection and
permitting of amusement rides and amusement attractions made available for public use in this
state"; to the Committee on the Judiciary.
By Delegates H. White, Proudfoot, Cann, Susman, Evans and Hall:
H. B. 2981 - "A Bill finding and declaring certain claims against the state and its agencies
to be moral obligations of the state and directing the Auditor to issue warrants for the payment
thereof"; to the Committee on Finance.
By Delegates Caputo, Rick Thompson, Miley, DeLong and Martin:
H. B. 2982 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating to meeting and conference rights for members of fire departments employed by political
subdivisions; providing for the right of self-organization; allowing designation of an exclusive
representative agent; imposing a duty to meet and confer with employees; allowing deduction of
employee organization dues and assessments; providing for compulsory arbitration of disputes;
listing prohibited acts; allowing hearing before Civil Service Commission; providing judicial review;
specifying powers and duties of the Civil Service Commission; and allowing injunctive relief"; to
the Committee on Political Subdivisions then the Judiciary.
By Delegate Marshall:
H. B. 2983 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §8-15-10c, relating to authorizing paid municipal fire departments
to investigate suspicious or illegal fires set or existing in or around public rights-of-way or otherwise
within a municipality and to gather evidence at scenes of the suspicious or illegal fires"; to the
Committee on Political Subdivisions then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2984 - "A Bill to amend and reenact §18-7A-34 of the Code of West Virginia, 1931,
as amended, relating to discontinuing the loan program participation of teachers and nonteachers
who become members of the Teachers Retirement System on or after July 1, 2005"; to the
Committee on Pensions and Retirement then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2985 - "A Bill to amend and reenact §7-14D-23 of the Code of West Virginia, 1931, as amended, relating to discontinuing the loan program participation of deputy sheriffs who become
members of the Deputy Sheriff Retirement System on or after July 1, 2005"; to the Committee on
Pensions and Retirement then Finance.
By Delegates Boggs, Kominar, G. White, Craig, Michael and Cann:
H. B. 2986 - "A Bill to amend and reenact §17A-6-6 and §17A-6-18 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated
§17A-6E-1, §17A-6E-2, §17A-6E-3, §17A-6E-4, §17A-6E-5, §17A-6E-6, §17A-6E-7, §17A-6E-8,
§17A-6E-9, §17A-6E-10, §17A-6E-11, §17A-6E-12 and §17A-6E-13, all relating to the regulation
of selling new or used vehicles, providing for the comprehensive regulation and licensing of persons
who sell new or used vehicles by requiring these persons to obtain licenses as salespersons"; to the
Committee on Roads and Transportation then Finance.
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.
H. B. 2150, Expanding the possible venues where a child neglect or abuse petition may be
filed,
H. B. 2271, Relating to the payment of expert fees in child abuse and neglect cases,
Com. Sub. for H. B. 2523, Making it a crime for released inmates to contact correctional
employees and requiring that inmates be advised of such prohibition upon release,
And,
H. B. 2525, Removing the requirement to contract for independent evaluation and report to Legislative Oversight Commission every two years on character education program in public
schools.
H. B. 2527, Authorizing employees of the multicounty vocational schools to administer the
performance tests of service personnel in the counties served by the school, on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk
and adopted, amending the bill on page three, line thirty-three, by striking out the word
"multivocational" and inserting in lieu thereof the words "multi-county vocational".
The bill was then ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2227, Prescribing minimum standards for municipal judges and
requiring criminal background checks of persons applying for municipal judgeships,
H. B. 2813, Relating to requirements for certificate of public convenience and necessity,
H. B. 2869, Relating to permit the conversion of a domestic corporation to a domestic
limited liability company,
And,
H. B. 2958, Continuing the Public Employees Insurance Agency Finance Board.
Special Calendar
Unfinished Business
H. C. R. 10, Naming the new Watson Bridge over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Watson Senior Citizens Bridge in Honor of Jim
Costello";
coming up in regular order, as unfinished business, was reported by the Clerk.
The question now being on the adoption of the resolution, Delegate Caputo demanded the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 107), 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, Houston and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. C. R. 10) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 37, Interim study by the Joint Committee on Joint Rules regarding the provisions
of Joint Rule 3;
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.
Com. Sub. for H. R. 18, Calling on the Congress of the United States to reject plans to
privatize Social Security;
coming up in regular order, as unfinished business, was reported by the
Clerk.
Delegates Hall, Trump, Anderson, Armstead, Ashley, Azinger Blair, Border, Canterbury,
Carmichael, Duke, Ellem, Evans, Frich, Hamilton, Howard, Lane, Leggett, Overington, Porter,
Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Tansill, Wakim, Walters and L. G. White moved to amend the resolution on page one, line thirteen, after the word "States"
by striking out the remainder of the resolution and inserting in lieu thereof the following:
"to promote a plan that will enhance the solvency of the Social Security Trust Fund and guaranteeing
that no current or future beneficiary of Social Security will have his or her benefits cut or
Social Security taxes raised.
Whereas, The House of Delegates believes that all actions of Congress regarding changes
in Social Security should be made with a view toward enhancing benefits for the rising generation
of participants; and
Whereas, The House of Delegates rejects the notion of total privatization of the Social
Security Trust Fund and the administration of the Social Security System; however, the House of
Delegates does support exploring the use of other individual subaccounts in very limited
circumstances for participants with more than thirty years of projected participation in the system
which must be limited in scope, on a strictly voluntary basis and crafted in a manner that does not
endanger the solvency of the Social Security System; and
Whereas, Any plan considered by Congress to modify the Social Security System should
provide a prudent reasonable expectation of an enhanced benefit to participants who would make
an election to invest in individual subaccounts and that those participants who cannot or do not make
such an election will continue to have their benefits maintained at least at current levels with no cut
in benefits; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby calls on the Congress of the United States in its
consideration of changes to the Social Security System to: (1) promote a plan that will enhance the solvency of the Social Security Trust Fund and will guarantee that no current or future beneficiary
of Social Security will have his or her benefits cut or Social Security taxes raised; (2) reject the
notion of total privatization of the Social Security Trust Fund and the administration of the Social
Security System; (3) consider limited investments in individual subaccounts that would minimize
the chance of loss or reduction of value and would not endanger the solvency of the Social Security
System, as a voluntary option to participants with more than thirty years of projected participation
in the system; (4) provide that those participants who cannot or do not make such an election will
continue to have their benefits maintained at least at current levels with no cut in benefits; and, be
it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the Clerk of the United States House of Representatives, the Clerk of the
United States Senate and to West Virginia's representatives in the Congress of the United States."
The question before the House being on the amendment, the same was put and did not
prevail.
Delegates Porter, Border, Schoen, Lane, Hall and Frich requested that the Clerk record them
as voting "Yea" on the adoption of the foregoing amendment.
The question recurring on the adoption of the resolution, the same was again put by the
Speaker.
Delegate Lane then moved that the resolution be postponed indefinitely; which motion did
not prevail.
On the adoption of the resolution, Delegate Caputo demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 108), and there were--yeas
64, nays 33, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke,
Ellem, Evans, Frederick, Frich, Hall, Hamilton, Howard, Lane, Leggett, Overington, Porter, Roberts,
Romine, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Tansill, Trump, Wakim, Walters and
Gil White.
Absent And Not Voting: Ferrell, Houston and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (Com. Sub. for H. R. 18) adopted.
Third Reading
Com. Sub. for H. B. 2002, Creating a uniform system of bail bond forfeiture procedures for
all courts of record in the state; 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. 109),
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, Houston and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2002) 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. 2078, Requiring the spaying or neutering of certain dogs and cats
on second reading, coming up in regular order, was read a second time and ordered to third reading.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell, Houston and Spencer.
Miscellaneous Business
Delegate Overington asked and obtained unanimous consent that the remarks of the
Delegates opposing Com. Sub. for H. R. 18, Calling on the Congress of the United States to reject
plans to privatize Social Security, be printed in the Appendix to the Journal.
Delegate Mahan then asked and obtained unanimous consent that the remarks of the
Delegates supporting Com. Sub. for H. R. 18, Calling on the Congress of the United States to reject
plans to privatize Social Security, also be printed in the Appendix to the Journal.
Miscellaneous Business
Delegate Staton announced that he was absent on yesterday when the votes were taken on
Roll Nos. 99 through106, and that had he been present he would have voted "yea" thereon.
At 1:23 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:00
a.m., Friday, March 11, 2005.