__________*__________
Friday, March 11, 2005
The House of Delegates met at 10:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, March 10, 2005, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 5, Naming the bridge on Cleveland Avenue in Buckhannon, West Virginia, the
"William S. O' Brien Memorial Bridge",
H. C. R. 14, Requesting the Division of Highways to name the bridge spanning the Gauley
River on Route 39 near Summersville, Nicholas County, the "Brock's Bridge",
And,
H. C. R. 40, Naming the new bridge spanning the Elk River in Clendenin, West Virginia,
the "Hardman Brothers Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the
following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2171, Increasing the penalties for issuing worthless checks,
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. 2171) was referred to
the Committee on the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2686, Insurance Commissioner, Cancellation and Nonrenewal of Automobile Liability
Policies,
H. B. 2687, Insurance Commissioner, Examiners and Examinations,
H. B. 2688, Insurance Commissioner, Surplus Lines Insurance,
H. B. 2689, Insurance Commissioner, Continuing Education for Individual Insurance
Producers,
H. B. 2690, Insurance Commissioner, Valuation of Life Insurance Policies,
H. B. 2737, Insurance Commissioner, Insurance Fraud Prevention,
And,
H. B. 2738, Insurance Commissioner, Small Employer Eligibility Requirements,
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. 2686, H. B. 2687, H.
B. 2688, H. B. 2689, H. B. 2690, H. B. 2737 and H. B. 2738) were referred to the Committee on the
Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2691, Insurance Commissioner, Recognition of the 2001, CSO Mortality Table for Use
in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits,
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. 2691) was referred to
the Committee on the Judiciary.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2365, Prohibiting individual county board of education members from acting on behalf
of the board in the individual capacity unless authorized by the state.
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. 2365) was referred to
the Committee on the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Michael, Doyle, Leach, Boggs, Kominar, Varner, Cann, Palumbo,
Williams, Hall and Ashley:
H. B. 3001 - "A Bill making a supplementary appropriation of public moneys out of the
treasury from the balance of moneys remaining as an unappropriated surplus balance in the state
fund, general revenue, to the governor's office, fund 0101, fiscal year 2005, organization 0100, and
the department of administration - office of the secretary, fund 0186, fiscal year 2005, organization
0201, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day
of June, two thousand five."
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the
following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2814, Relating to financially-related activities of State-charted Banking Institutions,
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B.
2814) to a committee was dispensed with.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 146, Establishing Unborn Victims of Violence Act,
And reports the same back with the recommendation that it do pass.
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. 2799, Permitting courts to issue orders of interdiction prohibiting the sale of alcoholic
liquors, non-intoxicating beer and wine, controlled substances or drugs,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2799 -- "A Bill to amend and reenact §11-16-18 of the code of West
Virginia, 1931, as amended; to amend and reenact §17C-5-2; to amend and reenact §60-3-22; to
amend and reenact §60-3A-25; to amend and reenact §60-6-9; to amend and reenact §60-7-12; and
to amend and reenact §60-8-20 of said code, all relating to the issuance of orders of interdiction
prohibiting the purchase of alcoholic liquors, non-intoxicating beer and wine by persons convicted
of alcohol related offenses; issuance of interdiction orders for a conviction of driving under the
influence of alcohol or, controlled substances or drugs; issuance of interdiction orders for a
conviction of appearing in a public place in an intoxicated condition; procedure for the issuance of
orders of interdiction; and unlawful sale to persons who are known to be the subject of orders of interdiction,"
With the recommendation that the committee substitute do pass.
Resolutions Introduced
Delegates Overington, Blair, Doyle, Duke, Roberts, Trump, Wysong and Tabb offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 43 - "Requesting the State of West Virginia and the United States Federal
Government to fully recognize that the counties of Berkeley and Jefferson in the State of West
Virginia are part of the beautiful and historic Shenandoah Valley."
Whereas, The State of West Virginia was part of the State of Virginia until June 20th, 1863
and the counties of Berkeley and Jefferson were not officially added into the new State until 1872
upon the ruling of the United States Supreme Court. This ruling split the Shenandoah Valley into
two sections, with the two counties just mentioned being now part of West Virginia and part of a
political arm called the "Eastern Panhandle"; and
Whereas, The geographical landscape of the Shenandoah Valley is as follows: Beginning
at the Potomac River that forms the northern boundary along Berkeley and Jefferson Counties and
continuing southwestward to the southern boundary near the city of Roanoke, Virginia. The valley
is flanked to the east by the Blue Ridge Mountains (in eastern Jefferson County, West Virginia) and
to the west by the Allegheny Mountains (in western Berkeley County, West Virginia). The
Shenandoah River flows northward and empties into the Potomac River at Harper's Ferry, West
Virginia. To break down the valley into two parts: The Upper Shenandoah Valley is located
southward because of a high elevation and the Lower Shenandoah Valley is located northward
because of a low elevation; and
Whereas, The historical landscape of Berkeley and Jefferson Counties is a storybook land
full of famous patriots and people, wars and great events that made it into the history books. Both
counties are rich in legend and lore. This is where the Great Wagon Road (later called the Valley
Turnpike) provided travel for Indians, the earliest pioneers and Revolutionary and Civil War
soldiers. The entire valley was known as the "Breadbasket of the Confederacy" because of its
richness in fertile soils that sustains life for farms and orchards. The following is a brief look at the
history of the counties of Berkeley and Jefferson: From George Washington and Thomas Jefferson
to Morgan Morgan, from Revolutionary War Generals William Darke, Horatio Gates, Charles Lee,
Daniel Morgan and General Adam Stephen to the famous Bee Line March and the oldest continuous
1735 United States Military Unit still in existence; and
Whereas, From the birthplace of United States President Andrew Jackson and the marriage
of United States President James and Dolly Madison to Davy Crockett who worked on a local farm
to James Rumsey, inventor of the steamboat. From John Brown and Robert E. Lee, "Stonewall"
Jackson and J. E. B. Stuart, Turner Ashby and the Gray Ghost and Confederate Spy, Belle Boyd to
the Battle of Falling Waters-the first engagement in the Shenandoah Valley and first cavalry action
of the Civil War -- From the 1862 Battle of Harpers Ferry, to the Jackson Valley Campaign, to Philip
Sheridan's successful Union Valley Campaign -- From David Hunter and David Hunter Strother
(Pen name "Porte Crayon") To Martin Robinson Delaney, the highest ranking black officer in the
Civil War -- From the B. & O. Roundhouses (landmarks in 20th century industrial architecture that
replaced buildings destroyed in a famous Civil War raid by Jackson) to the first Rural Free Delivery
in America (begun by United States Postmaster General William L. Wilson, a son of Jefferson
County) and Washington Family Homes to the birth of Harry Flood Byrd, Senator and Governor of Virginia and from baseball player, Hack Wilson and WWI Secretary of the War, Newton D. Baker
to the Legend of Wizard Clip and to famous western artist William Robinson Leigh, a Berkeley
County Native. From the city of Martinsburg, "Northern Gateway to the Shenandoah Valley" and
at one time known as "Queen City" to the famous Apple Pie Ridge and the first Apple Carnival
Event held in 1909" -- From Apple Blossom to Apple Harvest......This is the "Cradle of America";
therefore, be it
Resolved by the Legislature of West Virginia:
That in 1996, the United States Congress established the "Shenandoah Valley Battlefields
National Historic District and Commission" and Berkeley and Jefferson Counties, West Virginia
were not included to be a part of the program or to obtain any funds; and, be it
Further Resolved, That Berkeley and Jefferson Counties, West Virginia should be eligible
to become part of the "Shenandoah Valley Battlefields National Historic District and Commission"
and be eligible for any other federal programs that are available for the Shenandoah Valley; 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 President of the United States and to West Virginia's Delegation in
Congress and the Governor of West Virginia and to the Mayors and City Councils of Bolivar,
Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Shepherdstown and to the
County Commissioners of Berkeley and Jefferson Counties, West Virginia.
Mr. Speaker, Mr. Kiss, and Delegates Border, Beane, Browning, Hall, Carmichael , Mahan,
Varner, Palumbo, Perdue, Doyle and Trump offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 44 - "Requesting that the Joint Committee on Government and Finance study
alternatives to out-of-state placement of children committed to the care of the State of West
Virginia."
Whereas, The children placed in the care of the State of West Virginia are an important
responsibility of state government; and
Whereas, The treatment, care, rehabilitation and education of such children should be
delivered in a clinically successful and cost-effective manner; and
Whereas, Hundreds of children in the care of the State of West Virginia are placed in out-
of-state institutions and programs that often prove costly; and
Whereas, The current annual cost of out-of-state placement is in excess of twenty million
dollars; and
Whereas, The out-of-state placements are frequently a considerable distance from the
families, friends, neighbors and communities of the children; and
Whereas, The Legislature has passed numerous acts attempting to reduce the practice of
placing children in out-of-state facilities or institutions and to reduce the cost of such placements,
but said acts have not had the intended effect; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the current
practices of out-of-state child placement and determine alternatives to such placement and the
feasibility of returning those children to the care of the State of West Virginia programs; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to
study the current statutes, rules or regulations regarding the placement of children and determine whether they are effective, being properly followed or enforced or if they incorporate the most
beneficial strategies, methods and services to serve the children placed in the care of the State, and
to compare current practices in this State with successful models in other jurisdictions; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to
determine whether current programs in West Virginia place sufficient emphasis on bringing children
in the care of the State to permanency by returning them to their custodial families or achieving
adoptions; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to also
study programs and methodologies designed to reduce the length of stays in child placement
programs and achieve definable benchmarks of progress that lead more rapidly to permanent
placements; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to
determine whether the total amount of state dollars spent on services for children in the care of the
State could be spent more effectively and efficiently; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to
report on its findings, conclusions and recommendations, together with drafts of any legislation
necessary to effectuate its recommendations, to the next regular session of the Legislature, and, be
it
Further Resolved, That the expenses necessary to carry out its duties, to prepare a report and
to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Staton and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 45 - "Honoring the late Leonard R. Valentine by declaring the bridge numbered 54
- 1.60 on State Route 54 in Mullens, West Virginia the "Leonard Valentine 'Coach Val' Memorial
Bridge".
Whereas, Coach Val was the first African-American Coach in the State of West Virginia
to win state championships in two different sports. Football in 1951 and Basketball in 1963 for
Conley High School, the Blue Devils, an all black school; and
Whereas, Coach Val, was featured in Jet Magazine for being the first African-American
Coach to win a Boys State Basketball Championship in the State of West Virginia with an all black
team; and
Whereas, Coach Val served as the assistant coach to Don Nuckols in both the 1970 and
1972 West Virginia Boys State Basketball Championships; and
Whereas, Coach Val was a graduate and All-American in Football as a tight end for
Bluefield State College; and
Whereas, Coach Val became a life member of the Kappa Alpha Psi Fraternity, Inc. and later
the Founding Father of the Beckley Alumni Chapter of Kappa Alpha Psi; and
Whereas, Coach Val did community service for the City of Mullens, West Virginia by
ensuring that all community playgrounds for the youth were operational and functioning for the kids
during summer, after school had ended for the year; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to designate
and name the bridge numbered 54 - 1.60 on State Route 54 in Mullens, West Virginia the "Leonard Valentine 'Coach Val' Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the
bridge displaying the name "Leonard Valentine 'Coach Val' Memorial Bridge"; 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 Commissioner of the Division of Highways, the family of Leonard R.
Valentine and the City of Mullens.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate DeLong:
H. B.2987 - "A Bill to amend and reenact §30-10-9 of the code of West Virginia, 1931, as
amended, relating to the licensing of veterinarians; the issuance of temporary permits to certain
otherwise qualified applicants; and allowing for the issuance of a temporary permit to otherwise
qualified graduates of foreign veterinary schools who are waiting to take clinical proficiency
examination, as long as their activities are under the direct supervision and control of a licensed
veterinarian"; to the Committee on Government Organization.
By Delegate DeLong:
H. B.2988 - "A Bill to amend and reenact §30-10-6 of the code of West Virginia, 1931, as
amended, relating to the licensing of veterinarians; the qualification of applicants for license;
requirements and certifications to be held by graduates of foreign veterinary colleges as a condition
of application"; to the Committee on Government Organization.
By Delegates Boggs and Miley:
H. B. 2989 - "A Bill to amend and reenact §17A-3-7 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §17A-9-5 and §17A-9-7 of said code, all relating to the
authority of the Division of Motor Vehicles to refuse to register and to suspend or revoke motor
vehicle registrations of motor carriers whose authority to operate in interstate commerce has been
denied or suspended by the federal Motor Carrier Safety Administration"; to the Committee on
Government Organization.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Tabb, Pino, Varner, Stemple and
Beach:
H. B. 2990 - "A Bill to amend and reenact §20-1-17 of the Code of West Virginia, 1931, as
amended, relating to permitting the Director of the Division of Natural Resources to set the time and
date of the meeting for the convenience of the public"; to the Committee on Government
Organization.
By Delegates Perry, Leach, Miley, Pino, Roberts and Michael:
H. B. 2991 - "A Bill to amend and reenact §61-5-8 of the Code of West Virginia, 1931, as
amended, relating to adults and juveniles in custody or confinement; providing criminal penalties
for aiding escape; specifying items that are unlawful to deliver to or be possessed by individuals in
custody or confinement; providing criminal penalties for possession of certain items by adults or
juveniles in custody or confinement in a jail, state correctional facility, juvenile facility or juvenile
detention center; providing criminal penalties for transporting certain items onto the grounds of a
jail, state correctional facility, juvenile facility or juvenile detention center; and providing
definitions"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Pino, Stalnaker, Amores, Poling, Varner, Stemple and Beach:
H. B. 2992 - "A Bill to amend and reenact §61-3E-10 of the Code of West Virginia, 1931,
as amended, relating to adding operations of clandestine drug labs to the crime of wanton
endangerment involving destructive devices, explosive materials, or incendiary devices"; to the
Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Butcher, Michael, Beane, Varner and
Kominar:
H. B. 2993 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-22-9b, relating to establishing a lottery scratch-off game for
the benefit of West Virginia firefighters; creating a special fund; providing that the State Fire
Commission shall propose a legislative rule; providing for expenditures from the Fund on the order
of the State Fire Commission for the recruitment and retention of West Virginia volunteer
firefighters; to provide recognition of West Virginia volunteer firefighters; and to provide higher
education support in the form of payments for tuition, books and school fees; and to provide that one
half of the revenues go to the municipal firefighter pension and relief funds"; to the Committee on
the Judiciary then Finance.
By Delegates Browning, DeLong, Miley, Cann, Ron Thompson, Poling and Duke:
H. B. 2994 - "A Bill to amend and reenact §18-9A-8a, §18-9A-10, §18-9A-11 and §18-9A-
13b of the Code of West Virginia, 1931, as amended, all relating to public school support generally,
providing that the foundation allowance for regional education service agencies is established by the
Legislature; providing that the foundation allowance for improving instructional programs shall
include thirty-three million dollars; adding a foundation allowance for capacity building and providing at least five million dollars; adding a foundation allowance for safe schools and providing
at least eight million dollars; providing that increases in local share be allocated to provide a salary
increment; providing that excess amounts be used for across-the-board salary increases for teachers;
and requiring the establishment of a salary enhancement line item in the Department of Education
for salary increments"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Iaquinta, Crosier, Hartman, Leach, Miley,
Pino, Proudfoot, Susman, Trump and Varner:
H. B. 2995 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-5Q-4, relating to including on the state personal income tax
return a checkoff option to donate some or all of any tax refund to the "James 'Tiger' Morton
Catastrophic Illness Check-off Program"; to the Committee on Finance.
By Delegates Porter, Sumner and Lane:
H. B. 2996 - "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 the Department of Health and Human
Resources to maintain information for public dissemination relative to judicial bypasses to the
requirement of parental notification relative to abortions performed on minors"; to the Committee
on Health and Human Resources then the Judiciary.
By Delegates H. White, Hrutkay and Ron Thompson:
H. B. 2997 - "A Bill to amend and reenact §33-2-20 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated §33-2-21; to amend and
reenact §33-6-8 of said code; to amend and reenact §33-16B-1 and §33-16B-3 of said code; to amend
and reenact §33-17-8 and 33-17-9 of said code; and to amend said code by adding thereto three new sections, designated §33-17A-4a, §33-17A-4b and §33-17A-4c; and to amend and reenact §33-20-4
of said code, all relating to insurance; allowing the Commissioner to permit automobile insurers to
withdraw from doing business in this state; requiring insurer to submit a plan; permitting
promulgation of rules; redesignating a section of the insurance code enacted as part of the bill
assigning workers compensation duties to the Insurance Commissioner; clarifying that certain rules
remain in effect; exempting commercial insurance 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; providing an alternative method for nonrenewal of
property insurance; providing a manner of electing an alternative method; requiring report to the
Legislature; and providing alternative methods of determining insurer liability in cases of loss to real
property"; to the Committee on Banking and Insurance and then the Judiciary.
By Delegates Armstead, Lane, Overington, Sumner, Sobonya, Anderson, Carmichael,
Kominar, Pethtel, Boggs and Trump:
H. B. 2998 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to providing discounted motor vehicle registration fees for members of
volunteer fire departments"; to the Committee on Roads and Transportation then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Varner, Amores, Michael, Leach, Craig and
Stalnaker:
H. B. 2999 - "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, §1-
13V-6, §11-13V-7, §11-13V-8 and §11-13V-9, all relating to establishing a railroad track
maintenance tax credit for the expenditure by railroads of maintaining and repairing railroad tracks
in West Virginia"; to the Committee on Roads and Transportation then Finance.
By Delegates Manchin, Caputo, DeLong, Perdue, Mahan, Boggs, Poling, Hamilton,
Ellem and Martin:
H. B. 3000 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §21-1D-1, §21-1D-2, §21-1D-3 and §21-1D-4, all relating to the
"Keep Jobs in West Virginia Act"; to the Committee on Industry and Labor, Economic Development
and Small Business then Government Organization.
By Delegates Amores and Trump:
H. B. 3002 - "A Bill to amend and reenact §3-2-31 of the Code of West Virginia, 1931, as
amended, relating to elections generally; deleting the requirement that a voter designate a political
party designation at least thirty days before the primary in order to vote in the primary; and providing
for the designation to occur no later than the close of voter registration before the primary"; to the
Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Amores and Trump:
H. B. 3003 - "A Bill to amend and reenact §36-8-2, §36-8-7, §36-8-8, §36-8-12, §36-8-15,
§36-8-17 and §36-8-23 of the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto four new sections, designated §36-8-5a, §36-8-5b, §36-8-15a and §36-8-15b; and to
amend and reenact §36-8A-4 of said code, all relating to unclaimed property; shortening the abandonment period for stock, for bonds, for mineral proceeds and for demutualization proceeds;
prohibiting expiration dates and dormancy fees on gift certificates, and stating that a violation of that
provision constitutes an unfair or deceptive act or practice; limiting heirfinder fees; waiving notary
requirements for unclaimed property reports and requiring holders to submit electronically;
authorizing the administrator to require that holders liquidate securities and report proceeds as
unclaimed property; authorizing the administrator to sell safe-deposit box contents through electronic
auction or other methods; waiving notary requirements for claims under five hundred dollars and
limiting the administrator's liability for duplicate claims payment; authorizing payment of heirs or
devisees of deceased unclaimed property owners; authorizing any state agency, board or commission
owed delinquent funds by any person to claim that person's property to offset delinquent amounts
owed that agency; applying the provisions of the act to pre-abandoned property; authorizing the
administrator to cooperate with state agencies or with other states to locate property or pay claims;
and allowing unclaimed stolen property to be auctioned electronically or through other methods";
to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump:
H. B. 3004 - "A Bill to amend and reenact §15-2-5 of the code of West Virginia, 1931, as
amended, relating to an increase in the annual base salary of all sworn state police personnel by
eighteen percent effective on the first day of July, two thousand five"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 3005 - "A Bill to repeal §5A-2-25 of the Code of West Virginia, 1931, as amended;
to amend and reenact §5A-2-1, §5A-2-24, §5A-2-32 and §5A-2-33 of said code; to amend said code by adding thereto a new article, designated §12-4C-1, §12-4C-2, §12-4C-3, §12-4C-4, §12-4C-5,
§12-4C-6, §12-4C-7 and §12-4C-8; all relating to transfer of the central accounting system from the
Department of Administration to the Auditor's Office; creating a Financial Services Oversight
Committee"; to the Committee on Government Organization then Finance.
By Delegates Pino, Varner, Hall, Susman, Sobonya, Armstead, Michael and Susman:
H. B. 3006 - "A Bill to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-
6, §16-2F-8 and §16-2F-9 of the Code of West Virginia, 1931, as amended, all relating to parental
notification requirements for abortions performed on unemancipated minors; waiver; notice to minor
of right of petition to circuit court; reporting requirements; creating penalties and remedies;
specifying where notice not required; and severability"; to the Committee on Health and Human
Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Stalnaker, Browning, Williams, Boggs and
Ron Thompson:
H. B. 3007 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-7B-7a; and to amend said code by adding thereto a new article,
designated §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8,
§18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and 18-7C-14, all relating to the merger
and consolidation of the Teachers' Defined Contribution Retirement System and the State Teachers
Retirement System generally; closing the Teachers' Defined Contribution Retirement System to
newly hired personnel; providing that certain persons rehired are to become members of the last plan
contributed to; setting forth short title; providing legislative findings and purpose; providing
definitions; providing for merger and consolidation of the Teachers' Defined Contribution Retirement System and the State Teachers Retirement System upon election; providing
responsibilities of the Consolidated Public Retirement Board; setting forth dates and time periods
for transition and election; requiring that increase of or new benefits to the Teachers Retirement
System be amortized over a seven-year time period; providing for education about election and
merger for members; requiring legal notice to members; providing for transfer of assets from the
Teachers' Defined Contribution Retirement System to the State Teachers Retirement System upon
favorable vote for consolidation and merger; providing that the Teachers' Defined Contribution
Retirement System shall not exist upon favorable vote for consolidation and merger; setting forth
terms of merger and consolidation of the Teachers' Defined Contribution Retirement System and
the State Teachers Retirement System; providing for service credit in the State Teachers Retirement;
requiring members of Teachers' Defined Contribution Plan to pay additional amount to receive
credit upon merger; providing options and loans for members moving to the remaining plan;
providing service credit for transferring member; addressing withdrawals and cash outs; providing
for election on the question of merger and consolidation of the Teachers' Defined Contribution
Retirement System and the State Teachers Retirement System; setting forth requirements of election;
allowing Consolidated Public Retirement Board to contract directly for professional services for
purposes of performing its responsibilities related to the merger and consolidation and conducting
the election; permitting only one election; addressing qualified domestic relations orders; providing
for vesting of members and minimum guarantees of benefits for them; providing for due process and
right to appeal; and providing for nonseverability of the new article"; to the Committee on Pensions
and Retirement then Finance.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
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,
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,
And,
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 the passage of the bills, the yeas and nays were taken (Roll No. 110), and there were--yeas
92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Ennis, Ferrell, Fragale, Hatfield, Michael, Spencer, Swartzmiller
and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (H. B. 2150, H. B. 2271, Com. Sub. for H. B. 2523, H. B. 2525 and H. B. 2527)
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
The following bills, on second reading, coming up in regular order, were read a second time
and ordered to third 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, Relating to continuing the Public Employees Insurance Agency Finance Board.
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed
with him for the removal of a bill from the Consent Calendar to the House Calendar.
Com Sub. for H. B. 2227, on second reading, Consent Calendar, to the House Calendar.
Special Calendar
Third Reading
H. B. 2078, Requiring the spaying or neutering of certain dogs and cats,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. 116),
and there were--yeas 76, nays 16, absent and not voting 8, with the nays and absent and not voting
being as follows:
Nays: Ashley, Border, Ellem, Hall, Lane, Leggett, Louisos, Porter, Roberts, Romine,
Schoen, Sobonya, Stephens, Dale, Sumner, Susman and Tabb.
Absent And Not Voting: Ennis, Ferrell, Fragale, Hatfield, Michael, Spencer, Swartzmiller
and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2078) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2078 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-20B-1, §19-20B-2, §19-20B-3, §19-20B-4, §19-20B-5 and
§19-20B-6, all relating to requiring the spaying or neutering of dogs and cats adopted by shelters;
requiring all shelters to require that dogs or cats adopted be spayed or neutered; establishing time-
frames for spaying or neutering; requiring a deposit for adoptions in which the dog or cat has not yet
been spayed or neutered upon adoption; providing for return of deposit upon proof of spaying or
neutering; providing for use of deposit upon failure to reclaim deposit; allowing agency to petition
for return of any dog or cat not timely neutered or spayed; and establishing penalties for
noncompliance."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ennis, Ferrell, Fragale, Hatfield, Michael, Spencer, Swartzmiller and Tucker.
Miscellaneous Business
Delegate Frich asked and obtained unanimous consent that the remarks of Frasure- Singleton intern Jenny Strubble be printed in the Appendix to the Journal.
Delegate Staton asked and obtained unanimous consent that his remarks on yesterday
regarding the hunting of albino deer be printed in the Appendix to the Journal.
At 10:58 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00
p.m., Monday, March 14, 2005.