__________*__________
Thursday, February 24, 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, February 23, 2005, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2186, Restricting involuntary commitment for addicted persons to those who, as a
result of such addiction, are likely to cause serious harm to themselves or others,
And,
H. B. 2329, Authorizing a court to order a defendant to contribute monetarily or through
hours of service to a local crime victim's assistance program,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 2186 and H. B. 2329) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2106, Imposing a lien and recovery for unpaid child support on the proceeds due a
child support debtor from a settlement, judgment or award,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2106 - "A Bill to amend and reenact §48-1-230 of the code of West
Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated
§48-18-119a and §48-18-119b, all relating to child support generally; providing for liens upon child
support obligors' proceeds from worker's compensation awards, from civil settlements, judgments,
or awards from arbitration or other alternative dispute resolutions",
And,
H. B. 2417, Relating to compressed gas container safe transport,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2417 - "A Bill to amend and reenact §17C-17-6a of the Code of West
Virginia, 1931, as amended, relating to safe transport of compressed gas containers",
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills ( Com. Sub. for H. B. 2106 and Com. Sub. for H.
B. 2417) will be placed on the Consent Calendar.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2366, Authorizing the commissioner of highways to set certain speed limits,
And,
H. B. 2379, Requiring property owners to keep land adjacent to intersections clear of
obstacles for line of sight of operators of motor vehicles,
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. 2366 and H. B. 2379)
were each referred to the Committee on the Judiciary.
Chairman DeLong, from the Committee on Veterans Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 2506, Creating the West Virginia Military Family Relief Fund,
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. 2506) was 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. 2104, Providing that retiring municipal police officers may keep their service revolver,
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. 2104) was 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. 2189, Authorizing law-enforcement officers to deputize police in other states,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2189 - "A Bill to amend and reenact §15-10-4 of the code of West
Virginia , 1931, as amended, relating to authorizing law-enforcement officials to deputize law-
enforcement personnel employed by out-of-state jurisdictions; and conditions,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2189) to the Committee on the Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2329) will be placed on the Consent
Calendar.
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. 2450, Relating to a child's right to nurse,
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. 2450) was referred to
the Committee on the Judiciary.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 23rd
day of February, 2005, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. 2285), Providing a procedure for payment of the veterans bonus to
veterans of the Kosovo, Afghanistan, and Iraq conflicts.
And,
(H. B. 2286), Relating to the sounding of Taps at veteran's honors funerals.
Resolutions Introduced
Delegates Beach, Stemple, Proud foot, Swartzmiller, Williams, Anderson and Schoen offered
the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 18 - "Recognizing and supporting the growth and continued promotion of the
apiary industry in the State of West Virginia."
Whereas, Beginning in 1987 the West Virginia bee industry was virtually destroyed by
disease; and
Whereas, Since 1995, the number of bee colonies have increased from two thousand
colonies to around sixteen thousand colonies with the hard work of both the Department of
Agriculture and dedicated beekeepers throughout the State; and
Whereas, With the increase in colonies, bee keepers have also increased from two hundred
to twelve hundred - an overall growth of eight hundred percent in nine years; and
Whereas, With twelve hundred registered bee keepers, colonies have produced 1,152,000
pounds of honey at a resale value of $2,638,000.00 during 2004 - mostly all locally produced; and
Whereas, The state honey cooperative was formed in 2001 to aid local bee keepers in the
production, sales and extraction of honey; and
Whereas, This facility has given beekeepers a place to buy supplies at a reasonable cost,
saving beekeepers an estimated $30,000 in out-of-state shipping and handling charges; and
Whereas, The honey extraction facility has provided a sanitary place for small beekeepers
to have their honey extracted - having extracted in excess of 8.5 tons of honey since its
establishment; and
Whereas, The facility has sold $118,500 worth of equipment, providing employment and
collecting $7,100 in sales tax since its establishment; and
Whereas, Southern West Virginia is currently in need of an additional apiarist for
inspections and continuing education of southern West Virginia bee keepers; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature recognizes and supports the continued growth and
promotion of the apiary industry in the State of West Virginia; and, be it
Further Resolved, with the positive and continued success of the honey bee industry in the
State of West Virginia, the growth and education of local bee keepers, the West Virginia Legislature
supports additional ventures by the DOA to facilitate continued growth and expansion of the industry
in the southern region; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this Resolution to
the appropriate representatives of the agricultural community.
Delegate Perdue offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 19 - "Requesting the Joint Committee on Government and Finance study the
possible expansion of in-home family education programs (Early Parent Education) as a research
based and cost effective way of bringing resources and families together to ensure that children grow
up healthy and ready to learn."
Whereas, The Legislature has recognized the benefit of in-home family education, using
research-based models to provide voluntary, ongoing parent education and family support services
to families with young children, mostly through home visits; and
Whereas, There are currently thirty programs in twenty-four counties which last year served
nearly one thousand seven hundred families representing more than five thousand individuals; and
Whereas, In-home family education offers parents an approach that enhances their
children's readiness to learn; and
Whereas, Children in participating families show improved early literacy, language,
problem solving, social awareness, competence, basic skills and have higher standardized test scores;
and
Whereas, Families who receive in-home family education rely less on public assistance,
have a healthier interval between pregnancies, fewer problems with substance abuse and less
criminal justice involvement; and
Whereas, Families who receive in-home family education are more likely to have health
insurance and a medical home, to seek prenatal and well-child care, and to get their children
immunized; and
Whereas, Research shows that participation in in-home family education is associated with
higher rates of high school graduation and reductions in adolescent risk behavior; and
Whereas, A need exists in West Virginia to offer services to enhance early learning by
children; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need
for expansion and funding for in-home family education programs; and, be it
Further Resolved, The Joint Committee on Government and Finance report to the regular
session of the Legislature, two thousand six, on its finding, conclusions and recommendations
together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Hrutkay, Webster and Perry:
H. J. R. 9 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section three, article IX thereof, relating to allowing citizens to vote upon extending the
terms for the office of sheriff to three consecutive four-year terms and eliminating the provision that
if a sheriff "any portion thereof" a term, it counts as one of the terms towards the term limit;
numbering and designating such proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the
Judiciary.
Delegates Overington, Sumner, Anderson, Duke, Ellem, Evans, Frich, Hamilton, Howard,
Louisos, Schadler, Schoen, Sobonya, Wakim, Walters, Lane, Blair, Carmichael, Rowan, Armstead
and Porter offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. R. 16 - "Amending the rules of the House of Delegates, relating to compelling a standing
committee to take up and report out a bill."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by adding thereto a new rule
as follows:
Compelling Action on a Bill
82a. Upon delivery to a standing committee of a petition signed by ten delegates which
requests immediate action on a bill then before the committee, that committee and any standing
committee to which the bill may be referred to as a second or subsequent reference shall within a
total of no more than seven calendar days after the date of the petition take up the bill and report it
out with: (1) No recommendation; (2) a recommendation that it do pass; or (3) a recommendation
that it do not pass. No delegate may sign more than one compelling action petition during each year.
Within five calendar days after a bill is reported out of last referred standing committee under the
provisions of this rule, the committee on rules shall place the bill on the regular house calendar if
the special house calendar is not in effect and on the special calendar if it is in effect for
consideration by the House on the next legislative day. For the purpose of this rule, a legislative day
is a day in which the House of Delegates is in session.
Delegate Trump offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. R. 17 - "Amending the Rules of the House of Delegates, relating to agreeing to Senate
Amendments."
Resolved by the House of Delegates:
That the Standing Rules of the Rules of the House of Delegates be amended as follows:
Agreeing to Senate Amendments
122. When the House receives a message that a House bill or House Joint Resolution shall
be is amended by the Senate or the Senate has further amended a House amendment to a Senate bill
or Senate Joint Resolution, the Clerk shall communicate the action of the Senate to the House and
copies of the Senate amendment shall be made available to the members. The Speaker shall designate a location or office where copies of these Senate amendments are available. During the
convening of the House, the Clerk shall announce the availability of copies of these Senate
amendments to the members at any time when recognized for that purpose by the Speaker, and the
Clerk shall duly note the time of the announcement. The Senate amendment to a House bill or
House amendment shall lie over one day after the announcement and may not be considered until
the next day. The question on agreeing to the bill or resolution as amended shall be again voted on
by yeas and nays, and the result entered on the Journal, and in such a case the affirmative vote of a
majority of the members elected to the House shall be is necessary for passage.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate Swartzmiller:
H. B. 2624 - "A Bill to amend and reenact §7-14D-2 and §7-14D-13 of the Code of West
Virginia, 1931, as amended, all relating to technical corrections, grammatical corrections, clarifying
that redeposits are submitted on salary earned (prior to the creation of the Deputy Sheriff Retirement
System Act), regardless if such prior service in the Public Employee Retirement System was earned
as a deputy sheriff, also extending the time a member has to repay redeposit for prior service"; to the
Committee on Pensions and Retirement then Finance.
By Delegate Swartzmiller:
H. B. 2625 - "A Bill to amend and reenact §7-14D-2 of the Code of West Virginia, 1931, as
amended, relating to doing away with multiplier method of calculating the accrued retirement benefit
of a deputy sheriff retirement system member and replacing it with a fixed percentage of final average salary"; to the Committee on Pensions and Retirement then Finance.
By Delegate Swartzmiller:
H. B. 2626 - "A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as
amended, relating to providing that active military personnel stationed in this state need not obtain
a hunting, fishing or trapping permit"; to the Committee on Agriculture and Natural Resources then
Finance.
By Delegate Swartzmiller:
H. B. 2627 - " A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5-16D-1, §5-16D-2, §5-16D-3, §5-16D-4, §5-16D-5, §5-16D-6,
§5-16D-7, §5-16D-8 and §5-16D-9, all relating to development of a health coverage plan through
the public employees insurance agency for persons who lose their jobs and health coverage because
of the effects of international trade"; to the Committee on Banking and Insurance then Finance.
By Delegate Swartzmiller:
H. B. 2628 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30-41-6, §30-
41-7, §30-41-8, §30-41-9, §30-41-10 and §30-41-11, all relating to establishment of the athletic
training licensure act of two thousand five, providing for licensing of athletic trainers; defining the
practice of athletic training and athletic injury; establishing the athletic trainers' licensure board;
providing for operation of the board; providing for fees and costs associated therewith; setting forth
the powers and duties of the board; providing for the educational and licensing requirements for
practice as an athletic trainer; providing for continuing education; providing enforcement powers and
procedures; providing for penalties and providing exemptions including provisions for exemption of licensed medical practitioners, student athletic trainers and state certified athletic trainers
practicing in secondary school settings"; to the Committee on Government Organization then
Finance.
By Delegate Swartzmiller:
H. B. 2629 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-3-11a, relating to creating the misdemeanor crime of
possession of burglarious tools; providing a criminal penalty; and defining the term 'burglarious
tools, implements or devices'"; to the Committee on the Judiciary.
By Delegates Beach, Stemple, Proudfoot, Swartzmiller, Williams, Anderson and
Schoen:
H. B. 2630 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §19-9-7a, relating to National Animal Identification System;
providing rule-making authority; and exempting premises and animal identification data from
disclosure"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Swartzmiller:
H. B. 2631 - "A Bill to amend and reenact §17B-2-3 of the Code of West Virginia, 1931,
as amended, relating to requiring registered sex offenders to be issued special coded driver's licenses
that identify the holder or owner as a registered sex offender; to establish the type of special code
and procedures at sentencing; providing fees; and providing misdemeanor criminal penalties for
failure to comply with the special license requirement"; to the Committee on Roads and
Transportation then the Judiciary.
By Delegates H. White, Ron Thompson, Hrutkay, Perry, Azinger and G. White:
H. B. 2632 - "A Bill to amend and reenact §33-6-8 of the code of West Virginia, 1931, as
amended; to amend and reenact §33-16B-1 and §33-16B-3 of said code; to amend and reenact §33-
17-8 of said code; and to amend and reenact §33-20-4 of said code, all relating to the filing of
insurance rates and forms; exempting commercial lines from the requirement of prior approval of
rates and forms; creating a presumption of prospective relief when forms are disapproved and
providing factors to be considered in determining whether relief should be retroactive; defining
terms; clarifying that certain health insurance forms marketed to associations must be filed with the
commissioner; providing that commercial and certain health insurance forms marketed to
associations are effective upon first use after filing; clarifying that prior rate approval applies to
health insurance certificates and endorsements; certain all certificates and providing that commercial
lines rates are not subject to prior approval"; to the Committee on Banking and Insurance then the
Judiciary.
By Mr. Kiss, Mr. Speaker and Delegate Trump (By Request of the Executive):
H. B. 2633 - "A Bill to submit the Pension Bond Amendment to the Constitution of the state
to the voters of the state for ratification or rejection at a special election to be held throughout the
state on the fourth day of June, two thousand five; calling the special election; directing that the
proposed amendment be submitted to the voters of the state at the special election and how such
amendment is to be numbered, designated and summarized; providing for publication of the
proposed amendment and publication of notice of the special election and the form thereof;
providing that no question or issue other than the ratification or rejection of the proposed amendment
shall be voted upon at the special election; providing for an official ballot and ballot labels;
providing for one board of election officials in each precinct and for recounts; providing for the conduct of and procedures for the special election; providing that the costs and expenses of the
special election be paid out of the State Treasury; and providing for a proclamation of the result of
the special election by the Secretary of State"; to the Committee on Constitutional Revision then
Finance.
By Delegate Beane:
H. B. 2634 - "A Bill to amend and reenact §5-14-2, §5-14-3, §5-14-5 and §5-14-6 of the
Code of West Virginia, 1931, as amended, all relating to removal of the requirement that the West
Virginia Commission for the Deaf and Hard of Hearing maintain a register of persons who are deaf
or hard of hearing and conduct and maintain a census of both populations in West Virginia; and
making technical changes"; to the Committee on Government Organization.
By Delegates Beach, Stemple, Proudfoot, Swartzmiller, Williams, Anderson and
Schoen:
H. B. 2635 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6,
§19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14,
§19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and
§19-9B-23, all relating to regulating the sale, possession and breeding of exotic animals; stating
legislative purpose; defining certain terms; creating Exotic Animal Regulation Board and Technical
Advisory Committee; establishing duties; establishing a special revenue account and authorizing
expenditures; providing rule-making authority; delineating the jurisdiction of member agencies;
providing owner liable for the cost of care of a seized exotic animal and bonding requirements;
requiring pet shop registration, renewal and fee; requiring pet shop to keep records and provide certain notification; requiring permit to possess or breed exotic animal and providing permit
application process and permit requirements; providing for exemptions; requiring identification
number on an exotic animal; establishing caging, care and treatment requirements; requiring liability
insurance; authorizing certain inspections; providing for denial of a permit; specifying conditions
under which an exotic animal may be seized; and establishing civil and criminal penalties"; to the
Committee on Agriculture and Natural Resources then Government Organization.
By Delegates Evans, Schadler, Rowan and Leggett:
H. B. 2636 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §31A-4-46, relating to limiting the liability of a West Virginia
merchant for credit card fraud over the internet; limiting rates charged; and requiring credit card
companies to report annually to the Attorney General on prosecutions of credit card fraud cases
against businesses in this state"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Stalnaker:
H. B. 2637 - "A Bill to amend and reenact §5-10A-2 and §5-10A-3 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-
10A-11, all relating to amending the definitions of less than honorable service and retirement plan;
increasing the time to issue notice to terminate benefits; and requiring prosecuting attorneys to notify
retirement board of any convictions or pleas to less than honorable service"; to the Committee on
Pensions and Retirement then Finance.
By Delegates Swartzmiller, Manchin, Stemple, Pethtel, Varner, Kominar and Ennis:
H. B. 2638 - "A Bill to amend and reenact §8-22-22a of the Code of West Virginia, 1931,
as amended, relating to restrictions on investments by municipal policemen's and firemen's pension and relief funds by increasing the amount which may be invested in equities"; to the Committee on
Pensions and Retirement then Finance.
By Delegates Swartzmiller, Stemple, Pethtel, Varner, Manchin, Kominar and Ennis:
H. B. 2639 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §8-15-9a, relating to mandating paid fire departments of Class I
and Class II municipalities be in full compliance with NFPA 1710 by the thirtieth day of June, two
thousand six."; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Pino:
H. B. 2640 - "A Bill to repeal §17-15-3 of the Code of West Virginia, 1931, as amended,
relating to county courts providing for working of prisoners"; to the Committee on the Judiciary.
By Delegates Trump, Overington, Leggett, Frich, Sumner, Ellem and Blair:
H. B. 2641 - "A Bill to amend and reenact §3-1-16 of the Code of West Virginia, 1931, as
amended; to amend and reenact §3-4A-11 and §3-4A-11a of said code; to amend and reenact §3-5-7,
§3-5-13 and §3-5-13a of said code; to amend said code by adding thereto a new section, designated
§3-5-6a; and to amend said code by adding thereto a new section, designated §3-6-2a, all relating
to the nonpartisan election of justices of the Supreme Court of Appeals; timing and frequency of
election; ballot design and printing; separation from partisan ballot; nonpartisan election of justices;
filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid
filing fees; and ballot content and form"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 2642 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-22A-10d, relating to imposition of an annual fee of ten thousand dollars on each video lottery machine at a dog or horse racetrack; providing that the annual
fee is to be deposited into a special account in the treasury for prescription drugs for aged and
disabled residents; allowing the Secretary of the Department of Health and Human Resources to
propose legislative rules; and requiring the Secretary of Health and Human Resources to undertake
certain studies"; to the Committee on the Judiciary then Finance.
By Delegate Louisos:
H. B. 2643 - "A Bill to repeal §11-16-21 of the Code of West Virginia, 1931, as amended,
relating to requirements as to franchise agreements between brewers and distributors."; to the
Committee on the Judiciary.
By Delegates Trump, Armstead, Sobonya, Howard, Rowan, Porter and Lane:
H. B. 2644 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9i, relating to the consumer sales and service tax on food
and food products sold for human consumption off premises where sold; providing for the gradual
elimination of the consumer sales tax on food and food products sold for human consumption off
the premises where sold"; to the Committee on Finance.
By Delegates Trump, Wakim, Border, Anderson, Roberts, Carmichael and Stevens:
H. B. 2645 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as
amended, relating to the West Virginia corporate net income tax; reducing the rate of the corporate
net income tax from nine percent to six percent by reducing the rate of tax by one half of one percent
per year, commencing the first day of July, two thousand five"; to the Committee on Finance.
By Delegates Trump, Armstead, Sobonya, Howard, Azinger, Walters and Evans:
H. B. 2646 - "A Bill to amend and reenact §11-23-6 of the Code of West Virginia,1931, as amended, relating to the business franchise tax; phasing out and abolishing the business franchise
tax by the thirtieth day of June, two thousand six"; to the Committee on Finance.
By Delegate Stalnaker:
H. B. 2647 - "A Bill to amend and reenact §15-2A-2, §15-2A-5, §15-2A-6, §15-2A-7, §15-
2A-8, §15-2A-9, §15-2A-10, §15-2A-11, §15-2A-12, §15-2A-13, §15-2A-14 and §15-2A-19 of the
Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections,
designated §15-2A-11a, §15-2A-11b and §15-2A-21, all relating to amending definitions; acquiring
retirement credited service through member's use of accrued annual or sick leave days; establishing
starting date for payment of annuity; clarifying disability provisions; and technical corrections"; to
the Committee on Pensions and Retirement then Finance.
By Delegates Perdue, Rick Thompson, Butcher, Stephens, Carmichael and Armstead:
H. B. 2648 - "A Bill to amend and reenact §11-11-38 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §11-15-9 of said code, all relating to estate taxes and the
consumers sales and service tax; providing exemptions therefrom when an infant dies before
reaching one year of age"; to the Committee on Finance.
By Delegates Perdue, Susman, Wells and Hall:
H. B. 2649 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-5R-6, relating to training requirements for providers in health
facilities on the subject of Alzheimer's"; to the Committee on Health and Human Resources then
the Judiciary.
By Delegates Beach, Stemple, Proudfoot, Swartzmiller, Williams, Anderson and
Schoen:
H. B. 2650 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-2F-1, §19-2F-2, §19-2F-3, §19-2F-4, §19-2F-5, §19-2F-6, §19-
2F-7, §19-2F-8, §19-2F-9, §19-2F-10 and §19-2F-11, all relating to beef industry self-improvement
assessment program; stating purpose; defining terms; requiring petition to conduct referendum;
requiring a public hearing on referendum; requiring notice of referendum; conducting referendum;
authorizing subsequent referendum; continuing Beef Industry Council; establishing qualifications,
appointment and terms of members; establishing powers and duties of Council; requiring collection
and remittance of assessment; authorizing refunds; establishing penalties; and continuing program";
to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Stalnaker:
H. B. 2651 - "A Bill to amend and reenact §18-7B-2, §18-7B-7, §18-7B-9, §18-7B-11, §18-
7B-12a and §18-7B-16 of the Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §18-7B-20, all relating to amending certain definitions;
clarifying participation requirement; providing employer deadlines for deposit of contributions;
establishing when payments are to be made into and out of the suspension account; adding the
Internal Revenue Service provisions concerning incidental death benefits; clarifying that all years
of employee service will be counted for vesting purposes; prohibiting involuntary cash-outs effective
June 30, 2005; and technical correction"; to the Committee on Pensions and Retirement then
Finance.
By Delegate Stalnaker:
H. B. 2652 - "A Bill to amend and reenact §5-5-3 of the Code of West Virginia, 1931, as
amended; relating to the rights of members' unused, accrued leave in final average salary"; to the Committee on Pensions and Retirement then Finance.
By Delegates Swartzmiller, Ennis, Stemple, Varner, Pethtel and Manchin:
H. B. 2653 - "A Bill to amend and reenact §21-3A-2 and §21-3A-19 of the Code of West
Virginia, 1931, as amended, all relating to providing coverage for municipal firefighters under the
Occupational Safety and Health Act"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Ashley and Wakim:
H. B. 2654 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-4-9, relating to prohibiting cloning human embryos in state
medical schools, colleges or universities; and providing dismissal from employment for this
conduct"; to the Committee on Education then the Judiciary.
By Delegate DeLong:
H. B. 2655 - "A Bill to amend and reenact §49-7-27 of the Code of West Virginia, 1931, as
amended, relating to the emancipation of minors; providing emancipation for minors who enlist in
the armed forces and who have completed the attendant course of basic training"; to the Committee
on the Judiciary.
By Delegates Stemple, Kominar, H. White, Doyle and Paxton:
H. B. 2656 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-11-3, relating to providing that United States flags fly at half-
mast for three days whenever a state resident soldier is killed by hostile fire or when an in-state
law-enforcement officer is killed in the line of duty; and, requiring the Secretary of Military Affairs
and Public Safety to send notice to all appropriate state and local governmental agencies directing
them to fly flags at half-mast, commencing two days before the day of the funeral of the deceased soldier or law-enforcement officer"; to the Committee on Veterans Affairs and Homeland Security
then the Judiciary.
By Delegate Schoen:
H. B. 2657 - "A Bill to amend and reenact §48-11-101 of the Code of West Virginia, 1931,
as amended, relating to support of children and providing that parents whose parental rights are
terminated continue to be responsible for support until the child is adopted, reaches age of majority
or is otherwise emancipated"; to the Committee on the Judiciary.
By Delegates Armstead, Walters, Carmichael, Wells, Lane and Spencer:
H. B. 2658 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-29-11, relating to requiring any law-enforcement agency hiring
a person within three years of his or her training at the West Virginia Law-enforcement Training
Academy to pay a fraction of the cost of such training to the Law-enforcement Agency sponsoring
and funding the graduate's training"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Stalnaker:
H. B. 2659 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10-22h; and to amend said code by adding thereto a new
section, designated §18-7A-26t, all relating to the Public Employees Retirement System and the
Teachers Retirement System; and providing a one-time supplement for certain annuitants under the
age of sixty-five years"; to the Committee on Pensions and Retirement then Finance.
By Delegate Paxton:
H. B. 2660 - "A Bill to amend and reenact §18A-1-1 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §18A-2-9a, all relating to setting standards for assignment of high school athletic directors"; to the Committee on
Education then Finance.
By Delegates Perdue, Hatfield, Spencer, Leach and Mahan:
H. B. 2661 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-9A-9a, relating to prohibiting the sale of candy or fruit-
flavored cigarettes in this state"; to the Committee on the Judiciary.
By Delegates Perry, Ron Thompson, Beach, Wells, Hrutkay and Tabb:
H. B. 2662 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-4-5b, relating to granting campus police officers law-
enforcement powers at private institutions of higher education in this state"; to the Committee on
Education then the Judiciary.
By Delegates Beach, Stemple, Proudfoot, Swartzmiller, Williams, Anderson and
Schoen:
H. B. 2663 - "A Bill to amend and reenact §19-1A-3 and §19-1A-3a of the Code of West
Virginia, 1931, as amended, all relating to digging, growing, collecting, gathering, possessing and
selling ginseng; defining certain terms; authorizing Division of Forestry to regulate ginseng;
providing rule-making authority; establishing ginseng harvest seasons; requiring permits to grow or
dig ginseng, or to act as dealer; providing exceptions to the permit requirement; setting forth other
permit requirements; requiring records be kept; authorizing certain inspections; requiring ginseng
to be certified; providing for denial, suspension or revocation of permit; and establishing civil and
criminal penalties"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Craig, Leach, Morgan and Stephens:
H. B. 2664 - "A Bill to amend and reenact §5-10-18 of the code of West Virginia, 1931, as
amended, relating to providing that after a specified date no person employed by River Valley Child
Development Services, Inc. may be a member; providing for withdrawal from system without
forfeiture of service credit; specifying time periods; requiring pension plan in lieu of public
employees retirement system by River Valley Child Development, Inc.; notice; and option"; to the
Committee on Political Subdivisions then the Judiciary.
By Delegates Hrutkay, Webster, Pino, Mahan and Ellem:
H. B. 2665 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46-9-410, relating to the use of checks, bank account debit
authorizations, or share drafts as security for loans or cash advances made for personal, family or
household purposes"; to the Committee on Banking and Insurance then the Judiciary.
Consent Calendar
Second Reading
Com. Sub. for H. B. 2176, Providing the offense of intimidating or harassing a judge or
magistrate are also applicable to times when the judge or magistrate are off duty; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
H. B. 2593, Relating to land use planning and removing the requirement of Board of Zoning
Appeals to pay attorneys' fees; on second reading, coming up in regular order, was read a second time
and ordered to third reading.
First Reading
H. B. 2623, Continuation of the Public Land Corporation; on first reading, coming up in regular
order, was read a first time and ordered to second reading.
House Calendar
Second Reading
Com. Sub. for H. B. 2486, Creating a system for public funding of election campaigns; on
second reading, coming up in regular order, was read a second time and advanced to third reading, and
the rule was suspended to permit thereof on third reading and then, on motion of Delegate Amores,
recommitted to the Committee on the Judiciary.
At 11:40 a.m., on motion of Delegate Staton, the House of Delegates recessed until 11:50 a.m.,
and reconvened at that time.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and
requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 261 - "A Bill to submit the Pension Bond Amendment to the Constitution
of the State of West Virginia to the voters of the state for ratification or rejection at a special election
to be held throughout the state on the twenty-fifth day of June, two thousand five; calling the special
election; directing that the proposed amendment be submitted to the voters of the state at the special
election and how such amendment is to be numbered, designated and summarized; providing for
publication of the proposed amendment and publication of notice of the special election and the form
thereof; providing that no question or issue other than the ratification or rejection of the proposed
amendment shall be voted upon at the special election; providing for an official ballot and ballot labels;
providing for one board of election officials in each precinct and for recounts; providing for the conduct
of and procedures for the special election; providing that the costs and expenses of the special election be paid out of the state Treasury; and providing for a proclamation of the result of the special election
by the Secretary of State."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill
(Com. Sub. for S. B. 261) to a committee was dispensed with, and it was taken up for immediate a
consideration, read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 45), and there were--yeas 84, nays 3,
absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Carmichael, Stevens and Tansill.
Absent and Not Voting: Amores, Armstead, Canterbury, Ellem, Fragale, Houston, Kominar,
Leggett, Marshall, Proudfoot, Romine, Schadler and Wakim.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 46), and
there were--yeas 84, nays 3, absent and not voting 13, with the nays and absent and not voting being
as follows:
Nays: Carmichael, Stevens and Tansill.
Absent and Not Voting: Amores, Armstead, Canterbury, Ellem, Fragale, Houston, Kominar,
Leggett, Marshall, Proudfoot, Romine, Schadler and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 261) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 47), and there were--yeas 84, nays 3,
absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Carmichael, Stevens and Tansill.
Absent and Not Voting: Amores, Armstead, Canterbury, Ellem, Fragale, Houston, Kominar,
Leggett, Marshall, Proudfoot, Romine, Schadler and Wakim.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative,
the Speaker declared the bill (Com. Sub. for S. B. 261) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Miscellaneous Business
Delegate Blair asked and obtained unanimous consent that the remarks of Delegate Trump
concerning tax cuts be printed in the Appendix to the Journal.
Delegate Blair also asked and obtained unanimous consent that the remarks of Delegate Duke
regarding the food tax be printed in the Appendix to the Journal.
Delegate Blair then asked and obtained unanimous consent that the remarks of Delegate Frich
regarding food tax and the need to avoid partisan politics in legislative matters be printed in the
Appendix to the Journal.
Delegates Kominar, Proudfoot, Schadler, Canterbury, Ellem and Wakim announced that they
were absent when the votes were taken on Roll Nos. 45, 46 and 47, and had they been present, they would have voted "Yea" thereon.
Delegate Armstead announced that he was absent when the votes were taken on Roll Nos. 45,
46 and 47, and had he been present, he would have voted "Nay" thereon.
At 12:20 p.m., on motion of Delegate Varner, the House of Delegates adjourned until 10:00
a.m., Friday, February 25, 2005.