hdj2005-04-04-55

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Monday, April 4, 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 Friday, April 1, 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:
S. C. R. 14, Requesting Division of Highways name bridge at Peytona, Boone County, "Charles R. Carrico Memorial Bridge",
And reports the same back with the recommendation that it be adopted.
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. R. 28, Relating to the attire of person admitted to the floor,
And reports the same back with the recommendation that it be rejected.
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. R. 31, Amending the rules of the House of Delegates, relating to requiring consideration of fiscal impact of proposed crime legislation,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. R. 31 - "Amending the rules of the House of Delegates, relating to requiring consideration of fiscal impact of proposed crime legislation",
With the recommendation that the committee substitute be adopted.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 414, Relating the child passenger safety and booster seats,
And,
S. B. 744, Clarifying criteria for employee to sustain lawsuit for intentional injury,
And reports the same back with the recommendation that they each 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:
Com. Sub. for S. B. 154, Relating to beneficial use of water treatment plant sludge,
And,
S. B. 650, Relating to small claims hearings by Office of Tax Appeals,
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 (Com. Sub, for S. B. 154 and S. B. 650) 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:
Com. Sub. for S. B. 107, Relating to hunting with dogs on land of another without permission,
And,
S. B. 582, Granting concurrent jurisdiction to family court and circuit court to set support in abuse and neglect cases,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 458, Permitting transfer of State Police for certain inappropriate conduct; relocation expense,
And,
S. B. 641, Correcting definitions applicable to assessment of real property and homestead property tax exemption,
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 bill (Com. Sub. for S. B. 458 and S. B. 641) were each referred to the Committee on Finance.
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. 550, Designating certain rural hospitals for Medicare Critical Access Hospital Program,
S. B. 639, Defining "electronic postmark",
And,
S. B. 664, Providing county clerk assist Secretary of State in determining validity of nominating petitions,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that they each do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (S. B. 550, S. B. 639 and S. B. 664) will be placed on the Consent Calendar.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Williams, Perry, Wells, Tansill, Marshall, Lane, Paxton, Wysong, Louisos, Poling, Roberts, Stevens, Sumner, Crosier, Eldridge, Stephens, Spencer, Canterbury and Campbell:

H. C. R. 83 - "Requesting the Secondary School Activities Commission to consider a rule amendment to provide at least two classes of competition in the end-of-season interscholastic tournaments for soccer, swimming and others as practicable."
Whereas, Under its current rules, the Commission may sponsor a state tournament for recognized team sports in which at least 21 schools participate and for recognized individual sports in which at least 10 schools sponsor at least number of individuals required to permit team scoring; and
Whereas, Up to 50% of the member schools may sponsor a recognized sport and be required to compete against each other in the state tournament without regard to the size of the schools; and
Whereas, The specter of competing against much larger schools may dissuade smaller schools from offering their students the opportunity to participate in some of the less popular sports; therefore, be it
Resolved by the Legislature of West Virginia:
That the Secondary School Activities Commission be requested to consider amending its rules to provide at least two classes of competition in the end-of-season interscholastic tournaments for soccer, swimming and others as practicable;
Further Resolved, That the said Secondary School Activities Commission make a report of its consideration of said amendment to the Legislative Oversight Commission on Education Accountability, including any findings, conclusions and recommendations, prior to the beginning of the school year beginning on the first day of July, 2006.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Williams, Perry, Wells, Tansill, Marshall, Lane, Paxton, Wysong, Louisos, Poling, Roberts, Stevens, Sumner, Crosier, Eldridge, Stephens, Spencer, Canterbury and Campbell:

H. C. R. 84 -"Requesting the Joint Committee on Government and Finance to make a study on the education enhancement proposals of the West Virginia Department of Education entitled: West Virginia ACHIEVES (5-year plan); Mathematics - Our Future, A Five Year Plan; and Professional Development Schools (HB 4669); and any other major initiatives currently being undertaken."
Whereas, Improving student performance is the premier mandate given the State Board and the Department of Education under a performance-based system of accountability; and
Whereas, New initiatives addressing various subjects, employing various methods and committing various resources are undertaken with regularity to improve student performance with varying levels of coordination, oversight and verifiable success; and
Whereas, Real improvements in student performance are dependant upon the capacity of local schools and classroom teachers to embrace the changes and commit the time and resources to effectively implement them, all of which are diminished when multiple initiatives compete for time, attention and resources, consume the limited time available for staff development, lack the coordination necessary for efficient delivery and muddle the focus teaching and learning; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to make a study on the education enhancement proposals of the West Virginia Department of Education entitled: West Virginia ACHIEVES (5-year plan); Mathematics - Our Future, A Five Year Plan; and Professional Development Schools (HB 4669); and any other major initiatives currently being undertaken; and be it
Further Resolved, That the said joint committee on government and finance is requested to conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the joint committee on government and finance is requested to 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 draft necessary legislation are requested to be paid from legislative appropriations to the joint committee on government and finance.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Williams, Perry, Wells, Tansill, Marshall, Lane, Paxton, Wysong, Louisos, Poling, Roberts, Stevens, Sumner, Crosier, Eldridge, Stephens, Spencer, Canterbury and Campbell:

H. C. R. 85 - "Requesting the Joint Committee on Government and Finance to make a study on the costs and benefits of full time in-school alternative education programs and a study into choosing one school from each RESA to set up model programs for the 2005-2006 school year to be used as a pilot program."
Whereas, The goal of the educational system is to further the learning possibilities of West Virginia's children; and, Whereas, 7,822 exclusions from elementary school environments took place during FY 2003-2004, 2,746 for disrespectful or inappropriate conduct, 3,672 for aggressive conduct, 706 for failure to obey rules or authority, 1 for gang activity, 278 for legal concerns, 140 for failure to work to full potential, 51 for illegal drugs, tobacco, or alcohol, 29 for tardiness and truancy, 20 for violation of detention, 63 for weapons, 116 for other violations ; and, Whereas, 40,978 exclusions from middle school environments took place during FY 2003- 2004, 12,306 for disrespectful or inappropriate conduct, 15,736 for aggressive conduct, 5,837 for failure to obey rules or authority, 1 for gang activity, 962 for legal concerns, 1,044 for failure to work to full potential, 860 for illegal drugs, tobacco, or alcohol, 1,850 for tardiness and truancy, 1,716 for violation of detention, 167 for weapons, 14 would constitute as a felony if charged, 485 for other violations; and, Whereas, 99,298 exclusions from high school environments took place during FY 2003- 2004, 10,354 for disrespectful or inappropriate conduct, 9,966 for aggressive conduct, 8,068 for failure to obey rules or authority, 5 for gang activity, 844 for legal concerns, 716 for failure to work to full potential, 2,462 for illegal drugs, tobacco, or alcohol, 12,534 for tardiness and truancy, 4,883 for violation of detention or suspension, 22 would constitute as a felony if charged, 137 for weapons, 507 for other violations; and,
Whereas, An exclusion constitutes removal from the classroom setting for any specified length of time for disciplinary reasons; and,
Whereas, An exclusion can be removal from the classroom, in-school suspension, out-of- school suspension, or an interim alternative setting by school personnel; and,
Whereas, Exclusions can be the result of major or minor offenses; and,
Whereas, Some of the students have challenged home lives, others live in a challenged environment that encourages participation in illegal activities and others do not have an avenue to focus their talents and abilities ; and, Whereas, Excluding a child increases their risk of failure especially for high-risk students; and, Whereas, When a student is excluded from school for safety concerns, it increases those safety concerns for the community; and,
Whereas, The cost of keeping a child in school is $10,986 per year; and,
Whereas, the cost per year for a child in a correctional facility is $70,820; and,
Whereas, 486 school age children are currently serving in correctional institutions; with over 2,000 expected to go through the system this year; and, Whereas, The current makeup of alternative education does not afford the student an efficient transfer back into the regular learning environment; and, Whereas, Research continually reveals that alternative education students can succeed and perform well academically when placed in an effective program; therefore, be it,
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to make a study on the costs and benefits of full time in-school alternative education programs and a study into choosing one school from each RESA to set up model programs for the 2005-2006 school year to be used as a pilot program; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to prepare a report that will be received by the interim Committee on Education by July 31, 2005.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 603, Relating to higher education.
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 Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 603) was referred to the Committee on Finance.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on March 31, 2005, he approved H. B. 3181.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 77, Designating Thursday, March 31, 2005 as "Friends of Coal Day" at the State Capitol.
Resolution Introduced
Delegates Amores, Anderson, Argento, Ashley, Azinger, Beach, Beane, Blair, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Ferrell, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Leach, Leggett, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Spencer, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Walters, Webster, Wells, G. White, H. White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 86 - "Requesting the Joint Committee on Government and Finance to conduct a study on requiring a conservation stamp for upland birds.
W HEREAS , Upland birds consist of pheasants, quail and partridges - - both native and foreign species; and
W HEREAS , Upland bird hunting enthusiasts are dedicated hunters who take pride in the environment in which they hunt; and
W HEREAS , These notable individuals have led the field in improving methods of gamebird production and hunting preserve management; and
W HEREAS , Conservation stamps could provide significant conservation, social and economic benefits to the state; and
W HEREAS , If implemented, no person would be allowed to hunt or take any upland game bird within the state without first procuring an upland conservation stamp for a small annual fee; and
W HEREAS , The proceeds from upland bird conservation stamps could be used for the development of upland game bird propagation while also improving public upland game bird areas within the state; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study to determine whether an upland gamebird conservation stamp for hunters should be required; and be it
Further Resolved, That the proceeds from the issuance of such stamps are used to increase the upland game bird population in the state while also providing for the improvement of public lands; and be it
Further Resolved, That the expenses necessary to conduct the study and to prepare reports, recommendations and proposed legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Mr. Speaker, Mr. Kiss, and Delegates Staton, Amores, Argento, Barker, Beane, Boggs, Browning, Butcher, Campbell, Craig, DeLong, Doyle, Eldridge, Ennis, Ferrell, Frederick, Hrutkay, Hunt, Iaquinta, Kominar, Louisos, Mahan, Michael, Miley, Perry, Pethtel, Pino, Poling, Stalnaker, Stemple, Swartzmiller, Tabb, Trump, Tucker, Varner, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 34 - "Recognizing the month of April as Fair Housing Month in the State of West Virginia and the importance of the Fair Housing Act as it was signed by Congress on April 11, 1968 as Title VIII of the Civil Rights Act of 1968."
Whereas, In April will be the 37^th anniversary of this historic legislation as the Fair Housing Act has helped to open the doors of opportunity for countless families and individuals by providing them equal access to housing; and
Whereas, There has been progress and while there have been many achievements in providing fair and equal access to housing for all citizens, the State of West Virginia and the United States Department of Housing & Urban Development (HUD) realize that much still needs to be done particularly with the elderly and disabled citizens of the State; and
Whereas, All citizens of West Virginia should know their rights regarding fair housing, the State in cooperation with HUD, provide information and educational materials to the public; and
Whereas, The State of West Virginia is always vigilant in enforcing fair housing laws and protecting the rights of all citizens by working with HUD and by investigating allegations of discrimination in housing; and
Whereas, The State of West Virginia is working with HUD to increase the supply of accessible housing for elderly and disabled citizens by providing information to developers and builders; and
Whereas, Fair Housing Month provides an opportunity to place special emphasis on our goal to increase housing opportunities to all the citizens of West Virginia; therefore, be it
Resolved by the House of Delegates:
That the West Virginia House of Delegates agrees to recognize the month of April as Fair Housing Month in the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to George Rodriguez, West Virginia HUD Field Office Director; to the West Virginia Attorney General's Office as they work on Civil Rights violations such as fair housing; to the West Virginia Development Office, Bureau of Commerce as they handle some of HUD funds for housing redevelopment; to the Governor's Office of Economic Opportunity as they handle HUD homeless funds; to the West Virginia Department of Health and Human Resources as they have several programs that use HUD funded housing and projects; to the West Virginia Housing Development Fund as they handle a lot of HUD funds for housing; to the West Virginia Real Estate Commission as they handle the sale of houses; and to the West Virginia Bureau of Senior Services as HUD is working with them on elderly housing projects.
Consent Calendar
Second Reading
S. B. 42, Limiting liability for waste tire remediation costs for certain owners of real property; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page four, section seven, line fifty-four, by striking out the words "in good faith acquired" and inserting in lieu thereof the words "is a bona fide purchaser of".
The bill was then ordered to third reading.
S. B. 122, Allowing certain state-chartered banks to organize as limited liability companies; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 183, Authorizing warden to allow withdrawal from inmate's savings account in certain cases; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 238, Including steel railroad track and track material under statutory provisions involving purchase of scrap metal; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section forty-nine, line fifteen, by striking out the word "material".
The bill was then ordered to third reading.
Com. Sub. for S. B. 580, Prohibiting political subdivisions from regulating seeds; on second reading, coming up in regular order, was read a second time and ordered to third reading.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the House Calendar:
S. B. 256, on first reading, Consent Calendar, to the House Calendar, by Delegate Rick Thompson.
Com. Sub. for S. B. 268, on first reading, Consent Calendar, to the House Calendar, by Delegate Frich.
And,
Com. Sub. for S. B. 548, on first reading, Consent Calendar, to the House Calendar, by Delegate Staton.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 104, Repealing section of code relating to working prisoners by county commissions,
Com. Sub. for S. B. 226, Relating to cross-reporting when abuse or neglect of individuals or animals suspected; penalties,
S. B. 256, Requiring insurance companies inform policyholders if flood damage not covered,
Com. Sub. for S. B. 268, Relating to underage possession of beer and liquor; penalty,
S. B. 459, Relating to reinsurance and insolvency liability,
S. B. 491, Repealing article establishing compact for out-of-state parolee supervision,
Com. Sub. for S. B. 548, Relating to crime of assault and battery upon Public Service Commission motor carrier inspectors,
S. B. 657, Providing exemption to time limit for filing petition to appeal decision of Tax Commission,
And,
S. B. 692, Removing provision certain municipal officers required to have paid real or property taxes prior to election.
Special Calendar
Unfinished Business
H. C. R. 46, Recognizing and acknowledging Vietnam Veterans Recognition Week; 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.
H. C. R. 53, Requesting the Joint Committee on Government and Finance to study various economic development, taxation, and other policies aimed at promoting wage adequacy; 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.
S. C. R. 57, Requesting Division of Highways name bridge in Mercer County on Route 460 crossing Interstate 77 'Lance Corporal Juston Thacker Memorial Bridge'; 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 orf Delegates.
H. C. R. 59 , Requesting the Joint Committee on Government and Finance direct the Legislature to study the concept of including clinic-based healthcare as a prepaid limited health service ; 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.
H. C. R. 60, Requesting the Joint Committee on Government and Finance to study the impact the use of biosolids from wastewater plants in agricultural production has on the environment ; 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.
H. C. R. 69, Recognizing the importance of the Health Sciences and Technology Academy (HSTA) and its significant contribution to African American and under represented high school students ; 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.
S. C. R. 71, Requesting Governor proclaim fourth Friday of April, 2005, 'Children's Memorial Flag Day'; 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.
H. C. R. 72, Requesting the Division of Highways to name the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia at the end of Posey Saxon Road, the 'Sergeant Billy Ray Holmes Memorial Bridge' ; 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 orf Delegates and request concurrence therein.
Third Reading
Com. Sub. for S. B. 287, Transferring authority to propose water quality standard rules to Department of Environmental Protection; on third reading, coming up in regular order, was read a third time.
At 10:34 a.m., on motion of Delegate Staton, the House of Delegates recessed until 4:00 p.m., and reconvened at that time.
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Afternoon Session
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Special Calendar
Third Reading
Consideration of Com. Sub. for S. B. 287, Transferring authority to propose water quality standard rules to Department of Environmental Protection; on third reading, and having been read a third time, was resumed.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 398), and there were--yeas 65, nays 22, absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Argento, Barker, Brown, Butcher, Caputo, Doyle, Eldridge, Hamilton, Hatfield, Hrutkay, Longstreth, Louisos, Manchin, Palumbo, Perdue, Roberts, Stephens, Susman, Talbott, Thompson, Rick, Webster and Wells.
Absent And Not Voting: Anderson, Beach, Cann, DeLong, Ferrell, Fragale, Houston, Leggett, Martin, Perry, Schadler, Schoen and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 287) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 399), and there were--yeas 73, nays 14, absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Barker, Brown, Butcher, Caputo, Doyle, Eldridge, Hamilton, Hatfield, Hrutkay, Longstreth, Louisos, Manchin, Perdue and Susman.
Absent And Not Voting: Anderson, Beach, Cann, DeLong, Ferrell, Fragale, Houston, Leggett, Martin, Perry, Schadler, Schoen and Spencer.
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. 287) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 417, Providing for organization and joint ownership of joint development entities by municipalities and certain authorities,on third reading, coming up in regular order, was read a third time; 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. 400), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Beach, DeLong, Ferrell, Fragale, Houston, Schadler, Schoen and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 417) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 614, Updating meaning of certain terms used in Corporation Net Income Tax Act; on third reading, coming up in regular order, was read a third time; 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. 401), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Beach, DeLong, Ferrell, Fragale, Houston, Schadler, Schoen and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 614) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 623, Updating meaning of certain terms used in Personal Income Tax Act; 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. 402), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Beach, DeLong, Ferrell, Fragale, Houston, Schadler, Schoen and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 623) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. B. 2822, Providing that municipalities, county development authorities or municipal development authorities, or both, may organize and jointly own joint development entities; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
Com. Sub. for H. B. 3155, Permitting Wetzel County Hospital to provide an alternate retirement plan for new employees in lieu of the Public Employees Retirement System; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid upon the table.
Second Reading
S. B. 684, Relating to imposition of tax on privilege of severing natural gas or oil; on second reading, coming up in regular order, with the right to amend, was, on motion of Delegate Staton, laid over one day.
Com. Sub. for S. B. 717, Permitting Wetzel County Hospital provide alternate retirement plan for new employees; on second reading, coming up in regular order, was read a second time
On motion of Delegates Michael and Stalnaker, the bill was amended on page one, by striking out everything following the enacting clause and inserting in lieu thereof the following:
"ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-18. Termination of membership; reentry.
(a) When a member of the retirement system retires or dies, he or she ceases to be a member. When a member leaves the employ of a participating public employer for any other reason, he or she ceases to be a member and forfeits service credited to him or her at that time. If he or she becomes reemployed by a participating public employer he or she shall be reinstated as a member of the retirement system and his or her credited service last forfeited by him or her shall be restored to his or her credit: Provided, That he or she must be reemployed for a period of one year or longer to have the service restored: Provided, however, That he or she returns to the members' deposit fund the amount, if any, he or she withdrew from the fund, together with regular interest on the withdrawn amount from the date of withdrawal to the date of repayment, and that the repayment begins within two years of the return to employment and that the full amount is repaid within five years of the return to employment.
(b) The Prestera Center for Mental Health Services, Valley Comprehensive Mental Health Center, Westbrook Health Services and Eastern Panhandle Mental Health Center, and their successors in interest, shall provide for their employees a pension plan in lieu of the Public Employees Retirement System during the existence of the named mental health centers and their successors in interest.
(c) The administrative bodies of the Prestera Center for Mental Health Services, Valley Comprehensive Mental Health Center, Westbrook Health Services and Eastern Panhandle Mental Health Center shall, on or before the first day of May, one thousand nine hundred ninety-seven, give written notice to each employee who is a member of the Public Employees Retirement System of the option to withdraw from or remain in the system. The notice shall include a copy of this section and a statement explaining the member's options regarding membership. The notice shall include a statement in plain language giving a full explanation and actuarial projection figures in support of the explanation regarding the individual member's current account balance, vested and nonvested, and his or her projected return upon remaining in the public employees retirement system until retirement, disability or death, in comparison with the projected return upon withdrawing from the Public Employees Retirement System and joining a private pension plan provided by the Community Mental Health Center and remaining therein until retirement, disability or death. The administrative bodies shall keep in their respective records a permanent record of each employee's signature confirming receipt of the notice.
(d) Effective the first day of ~~March, two thousand three,~~ of June, two thousand five and ending the thirty-first day of December, two thousand ~~four~~ seven, any member may purchase credited service previously forfeited by him or her and the credited service shall be restored to his or her credit: Provided, That he or she returns to the members' deposit fund the amount, if any, he or she withdrew from the fund, together with interest on the withdrawn amount from the date of withdrawal to the date of repayment at ~~a rate to be determined by the Board~~ the assumed actuarial rate of return for the plan year or years being repurchased compounded annually. The repayment under this section may be made by lump sum or repaid over a period of time not to exceed sixty months. Where the member elects to repay the required amount other than by lump sum, the member is required to pay interest at the ~~rate determined by the Board~~ the assumed actuarial rate of return for the plan year or years being repurchased compounded annually until all sums are fully repaid.
(e) Effective the first day of July, two thousand five, and ending the thirty-first day of December, two thousand six, any emergency services personnel may purchase service credit for the time period beginning the first day of January, one thousand nine hundred ninety, and ending the thirty-first day of December, one thousand nine hundred ninety-five: Provided, That person was employed as an emergency service person in this state for that time period: Provided, however, That any person obtaining service credit under this subsection is required to pay the employee's share and the employer's share upon his or her actual salary for the years in question plus interest at the assumed actuarial rate of return for the plan year being repurchased.
(f) Jobs for West Virginia's Graduates and their successors in interest shall provide a pension plan in lieu of the Public Employees Retirement System for employees hired on or after the first day of July, two thousand five.
(g) Wetzel County Hospital and their successors in interest shall provide a pension plan in lieu of the Public Employees Retirement System for employees hired on or after the first day of July, two thousand five."
The bill was then ordered to third reading.
First Reading
S. B. 253, Permitting Insurance Commissioner waive or reduce penalty for late filing of tax returns; on first reading, coming up in regular order, was each read a first time and ordered to second reading:
At the request of Delegate Staton, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 531, Relating to Hospice Licensure Act,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 531) will be placed on the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 213, Continuing Oral Health Program,
And,
S. B. 281, Continuing Emergency Medical Services Advisory Council,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that they each do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (S. B. 213 and S. B. 281) will be placed on the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 214, Continuing Acupuncture Board,
And,
S. B. 215, Continuing Board of Accountancy,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S.B. 731, Making supplementary appropriation of federal funds to Department of Transportation, Division of Public Transit,
S.B. 732, Making supplementary appropriation from state fund to Department of Transportation, Aeronautics Commission,
S.B. 733, Making supplementary appropriation
S.B. 734, Making supplementary appropriation of federal funds to Miscellaneous Boards and Commissions, State Mapping and Addressing Board,
S.B. 739, Making supplementary appropriation to Department of Health and Human Resources, Division of Health, Hepatitis B Vaccine,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, which, under the Rules, will be placed on the House Calendar and subject further placement by the Committee on Rules.
And,
S.B. 240, Granting state employees paid leave for organ donation,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, S. B. 240 will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 644, Defining certain terms used in consumers sales and service tax,
And reports the same back with the recommendation that it do pass.
Chairman Michael, from the Committee on Finance submitted the following report, which was received:
Your Committee on has had under consideration:
S. B. 667, Relating to motor fuel excise tax,
And reports the same back, with amendment, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 667) will be placed on the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 19, Eliminating Advisory Board to Secretary of Department of Health and Human Resources and adding Office of Inspector General,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 19) to the Committee on Finance was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for S. B. 19) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 513, Relating to tax credits for qualified centers for economic development and technology advancement,
And reports the same back, with amendment, with the recommendation that it do pass.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 347, Authorizing rules of higher Education policy Commission and the Council for Community and Technical College Education.
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 347) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 521, Requiring study on flood and general property insurance for State Board of Education.
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 (S. B. 521) was referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 435, Creating method municipal courts can recover certain uncollectible fines,
And,
Com. Sub. for S. B. 661, Relating to juvenile proceedings and multidisciplinary teams,
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 (Com. Sub. for S. B. 435 and Com. Sub. for S. B. 661) were each referred to the Committee on Finance.
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. 235, Relating to National Animal Identification System,
And reports the same back, with a title amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 235) 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:
S. B. 616, Relating to priority of legislative business for members and certain employees of Legislature,
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:
Com. Sub. for S. B. 424, Relating to conservation and preservation easements,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for S. B. 424) will be placed on the Consent Calendar.
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
S. B. 751 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to the Department of Transportation - Division of Motor Vehicles, fund 9007, fiscal year 2005, organization 0802, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2813, Relating to requirements for certificate of public convenience and necessity.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Anderson, Beach, Ferrell, Fragale, Houston, Schadler and Schoen.
Miscellaneous Business
Delegate Palumbo noted to the Clerk that he was absent when the votes were taken on Roll Nos. 392 and 393, and had he been present he would have voted "yea" thereon.
Delegate Martin announced that he was absent when the votes were taken on Roll Nos. 398 and 399, and had he been present he would have voted "nay" thereon.
Delegate Perry announced that he was absent when the vote was taken on Roll No. 398, and had he been present he would have voted "yea" thereon.
Delegate Spencer announced that she was absent when the votes were taken on Roll Nos. 398 and 399, and had she been present she would have voted "nay" thereon; and on Roll Nos. 400 through 402, she would have voted "yea" thereon.
Delegate Carmichael asked and obtained unanimous consent that the remarks of Delegate Lane regarding table games be printed in the Appendix of the Journal.
At 4:36 p.m., on motion of Delegate Staton,the House of Delegates adjourned until 11:00 a.m., Tuesday, April, 5, 2005.