________*__________
Thursday, March 2, 2006
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, March 1, 2006, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 772, Providing for subrogation rights for James "Tiger" Morton Catastrophic Illness
Commission,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 772) was referred to
the Committee on the Judiciary.
Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
S. B. 174, Relating to State Police Death, Disability and Retirement Fund benefits,
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. 174) was referred to
the Committee on Finance.
Chairman 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:
S. B. 619, Relating to Physicians' Mutual Insurance Company board member's term,
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 Government Organization
be dispensed with.
In the absence of objection, reference of the bill (S. B. 619) to the Committee on Government
Organization was abrogated.
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. 4312, Increasing the compensation of child support enforcement attorneys,
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 (H. B. 4312) 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 (H. B. 4312) will be placed on the Consent
Calendar.
On motions for leave, resolutions were introduced (Originating in the Committee on Health
and Human Resources and reported with the recommendation that it be adopted), which were read
by their titles, as follows:
By Delegates Perdue, Hatfield, Tucker, Susman, Marshall, Longstreth, Moore, Long,
Hrutkay, Frederick, DeLong, Webster, Brown, Rowan, Hall, Ashley, Border, Schadler,
Sumner and Lane:
H. C. R. 79 - "Requesting that the Committee on Government and Finance to conduct a study
on the public health crisis created in West Virginia created by antibiotic resistance"; to the
Committee on Rules.
W
HEREAS
, In 1954, two million pounds of antibiotics were produced in the United States,
compared to over fifty million pounds in 2000 and despite their extraordinary value, the overuse of
these miracle drugs in medicine and agriculture endangers their continued effectiveness; and
W
HEREAS
, Each year in the United States, humans consume over 235 million doses of
antibiotics, with 20 to 50 percent of the use being unnecessary and over 40 percent of antibiotics
produced in the United States are used in livestock production which also pose a problem because
of human consumption of the livestock; and
W
HEREAS
, Every time a person takes an antibiotic, sensitive bacteria are killed, but some
bacteria may become resistant to the medication and multiply, resulting in the drug becoming
ineffective for treating infections caused by that strain of bacteria; and
W
HEREAS
, Anti-biotic resistant microcosms are becoming an increasing problem for West
Virginia residents, especially children, and with outbreaks of multidrug resistant strains of
staphylococcus aureus (MRSA)being found among football players in West Virginia schools; and
W
HEREAS
, Antibiotic-resistant microorganisms present challenges to health care providers and
infection control practitioners because treatments for common infections will become increasingly
limited and expensive or nonexistent; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance study
the State's need for educational campaigns and public awareness to address and prevent the spread of
antibiotic-resistant microorganisms in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to
establish an antibiotic resistance awareness education committee that will undertake a comprehensive
review of the various issues related to overuse of antibiotics and recommendations for correcting this
problem in West Virginia, including, but not limited to:
1. Use of antibiotics for colds, upper respiratory tract infections, bronchitis even though
national clinical practice guidelines do not recommend their use for viral infections;
2. Contribution to the problem by patients by asking for antibiotics when they are not needed,
or by not completing the entire course of antibiotics prescribed;
3. The effect on West Virginia hospital stays caused by antibiotic overuse; and
4. Recommendations for the Department of Health and Human Resources, hospitals, health
care providers, managed care plans and pharmaceutical companies to work together to develop an
educational campaign to prevent the spread of antibiotic-resistant microorganisms in West Virginia;
and, be it
Further Resolved, That the antibiotic resistance awareness education committee shall consist
of two members each from the House of Delegates and the Senate, including the chairs of the Health
and Human Resources committees, to be appointed by the Speaker of the House of Delegates and the
President of the Senate; and, be it
Further Resolved, That the antibiotic resistance awareness education committee shall have the
following advisory members for the purposes of providing technical information: a pharmacist, a
physician, and an epidemiologist. The advisory members shall be selected from relevant governmental
agencies, including, but not limited to, the Public Employees Insurance Agency, the Bureau for
Medical Services, the Bureau for Public Health, and the Board of Pharmacy. The advisory
appointments shall be made by the President of the Senate and the Speaker of the House of Delegates;
and, be it
Further Resolved, That the committee on antibiotic resistance awareness education report to
the Joint Committee on Government and Finance on or before the thirty-first day of January, 2007, on
its findings, conclusions and recommendations, together with drafts of any legislation necessary to
effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
By Delegates Perdue, Hatfield, Tucker, Susman, Marshall, Longstreth, Moore, Long,
Hrutkay, Frederick, DeLong, Webster, Brown, Rowan, Hall, Ashley, Border, Schadler,
Sumner and Lane:
H. C. R. 80 - "Requesting the Joint Committee on Government and Finance study the
feasibility of establishing a drug repository program for unused, nonnarcotic drugs for distribution to
free health care clinics, primary care centers and other charitable medical facilities together with cost
effective means of collection and distribution of such drugs.
Whereas, Many West Virginia citizens are in need of various costly nonnacarotic drugs and
do not have the means or resources available to obtain the drugs they need; and
Whereas, Large amounts of unused nonnarcotic drugs for medical patients, including patients
at healthcare facilities, and in particular, long term healthcare facilities, are destroyed or discarded each
year after the patient is no longer in need of them; and
Whereas, These patients, their families and the healthcare facilities currently have no readily
available means to return the drugs or to give them to people who are in need of these drugs but have
no available means to purchase or obtain them; and
Whereas, A drug repository program could accept and collect unused, unopened and
individually packaged, and unopened multiple dose packaged nonnarcotic drugs from patients or their
families and healthcare facilities which could then be distributed to free medical clinics, pharmacies,
hospitals, primary care centers or other healthcare facilities electing to participate in the program, and
then be distributed to patients who are in need of the drugs but have no other available means to
obtain them; and
Whereas, At least 27 other states have adopted legislation to provide for the establishment of a drug repository program and several other states are considering or have considered similar
legislation; while details of the laws vary, most allow the return of prescription drugs from state
programs, longterm care facilities or other medical facilities to be returned to needy patients; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
feasibility of establishing a drug repository program for unused, nonnarcotic drugs for distribution to
free health care clinics, primary care centers and other charitable healthcare facilities together with
cost effective means of collection and distribution of such drugs; and, be it
Further Resolved, The Joint Committee on Government and Finance report to the Legislature,
on the first day of the regular session, two thousand seven, on its findings, 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.
By Delegates Perdue, Hatfield, Tucker, Susman, Marshall, Longstreth, Moore, Long,
Hrutkay, Frederick, DeLong, Webster, Brown, Rowan, Hall, Ashley, Border, Schadler,
Sumner and Lane:
H. C. R. 81 - "Requesting that the Joint Committee on Government and Finance study the
State's need for regulation of pharmacy benefit managers.
W
HEREAS
, Pharmacy benefit managers cover approximately seventy-six percent of all people
with pharmacy benefit plans; and
W
HEREAS
, Pharmacy benefit managers provide a variety of services including the
administration or management of drug benefits, which may include the administration of claims,
network management, formulary development and negotiation with pharmaceutical manufacturers for
discounts or rebates; and
W
HEREAS
, The State has a compelling interest in assuring that the quality of the services
delivered by pharmacy benefit managers is in the best interests of the West Virginia businesses that
contract with them and the best interests of the population receiving those services; and
W
HEREAS
, Approximately seven states have enacted regulating legislation, which varies in
scope and focus, and approximately thirty other states have considered legislation; and
W
HEREAS
, The policy of the State is to maintain reasonable
standards to protect the health of its citizens; and
W
HEREAS
, The impact of regulations must be carefully balanced between those protections
and the impact on the market environment; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance study
the State's need for regulation for pharmacy benefit managers; and, be it
Further Resolved, That the Joint Committee on Government and Finance establish a joint
pharmacy benefit managers standards committee that will undertake a comprehensive review of the
various problems, or potential problems, with pharmacy benefit managers, including, but not limited
to:
1. Proposals to require licensing and review of pharmacy benefit managers;
2. Proposals to require full disclosure in contracting;
3. Proposals to require transparency in contracts;
4. The possible impediment to or impact on the free trade market with regulations; and
5. The possible impact of each proposed regulation; and, be it
Further Resolved, That the joint pharmacy benefit manager committee be dedicated to
comprehensively addressing services delivered to West Virginia citizens and businesses. The
committee shall consist of five members each from the House of Delegates and the Senate, including
the chairs of the Judiciary, Finance and Banking and Insurance committees, to be appointed by the
Speaker of the House of Delegates and the President of the Senate; and, be it
Further Resolved, That joint pharmacy benefit managers standards committee shall have
advisory members for the purposes of providing technical information, including but not limited to,
a pharmacist, a large employer contracting with a pharmacy benefit manager, the Insurance
Commissioner and representatives of industry and the business community. The advisory members
shall be selected from relevant governmental agencies, including, but not limited to, the Public
Employees Insurance Agency, the Bureau for Medical Services and the Insurance Commission and
relevant business and industry representatives. The advisory appointments shall be made by the
President of the Senate and the Speaker of the House of Delegates; and, be it
Further Resolved, That the joint committee on pharmacy benefit managers standards report to
the Joint Committee on Government and Finance on or before the thirty-first day of January, 2007, on
its findings, conclusions and recommendations, together with drafts of any legislation necessary to
effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Perdue, Hatfield, Tucker, Susman, Marshall, Longstreth, Moore, Long,
Hrutkay, Frederick, DeLong, Webster, Brown, Rowan, Hall, Ashley, Border, Schadler,
Sumner and Lane:
H. C. R. 82 - "Requesting that the Committee on Government and Finance study the Medicaid
Waiver Program for the elderly and people with disabilities in West Virginia.
W
HEREAS
, A crucial need exists for services provided to the elderly and people with
disabilities through the Medicaid Waiver Program; and
W
HEREAS
, There has been an increase in West Virginia's elderly population, but a decrease
in the number of citizens enrolled in the Medicaid Aged/Disabled Waiver Program; and
W
HEREAS
, A waiting list to participate in the Medicaid Aged/Disabled Waiver Program
continues to grow in West Virginia; and
W
HEREAS
, There is a need for a level of services for seniors and people with disabilities which
cannot be met by Medicaid; and
W
HEREAS
, It is in the best interest of all West Virginians to ensure that our elderly and citizens
with disabilities receive the care and services they need; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to study
the Medicaid Waiver Program for the elderly and people with disabilities in West Virginia and the
need for additional state funded home services for this population; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2007, on or before the thirty-first day of January, 2007, on its findings,
conclusions and recommendations, together with drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
And,
By Delegates Perdue, Hatfield, Tucker, Susman, Marshall, Longstreth, Moore, Long,
Hrutkay, Frederick, DeLong, Webster, Brown, Rowan, Hall, Ashley, Border, Schadler,
Sumner and Lane:
H. C. R. 83 - "Requesting the Joint Committee on Government and Finance study the causes
and adverse effects of children in this state who are not covered by healthcare insurance or otherwise
lack access to adequate healthcare and to study potential methods to provide and to increase the
availability of health care services and health care insurance to children in this state.
Whereas, According to a recent study by the WVU Institute for Health Policy Research, from
2001 to 2003, the number of children living in West Virginia decreased by five percent, while during
that same time period, the number of children not covered by some form of healthcare insurance in this
state increased by almost nine percent-from 28,371 to 30,884; and
Whereas, Conversely, the average enrollment in The West Virginia Children's Health
Insurance program has steadily increased from an average of 8,617 children in 1999, to an average of
25,017 children in 2005; and
Whereas, There is a general consensus among the health care providers and health care
insurers in this state that the cost of providing health care for uninsured children is shifted at least in
part to patients who either have health care insurance from private providers or have the financial
ability to pay for their care; and
Whereas, Studies have shown that uninsured children are significantly more likely to miss
school, while formerly uninsured children who enroll in a healthcare insurance program experience a significant increase in their performance in school; and
Whereas, According to the foregoing study, in 2001, 47.1 percent of uninsured children were
uninsured because of cost; however, by 2003, cost was the reason for only 32.6 percent of uninsured
children; in 2001, 15.4 percent of children were not insured due to employment-related issues such as
parents being unemployed, or if employed, not having insurance available due to ineligibility or due
to its prohibitive cost; in 2003, employer related issues were the cause of only 21.8 percent of
uninsured children. These statistics strongly suggest that other significant reasons exist other than cost
or employer related issues are contributing to the lack of health insurance coverage for children in this
state; and
Whereas, Other states, including the state of Illinois, have adopted or are considering
legislation to address the issue of children without health insurance or access to adequate medical care;
and
Whereas, In order to provide effective methods and resources to provide adequate health care
insurance or other access to adequate healthcare for a significant number of children in this state who,
for various reasons, lack adequate health care, the question of why such a significant number of
children do not have healthcare insurance coverage, particularly in instances where coverage is
available, but is not utilized, must be answered; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the causes
and adverse effects of children in this state who are not covered by healthcare insurance or otherwise
lack access to adequate healthcare and to study potential methods to provide and to increase the
availability of health care services and health care insurance to children in this state; and, be it
Further Resolved, The Joint Committee on Government and Finance report to the Legislature,
on the first day of the regular session, two thousand seven, on its findings, 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.
The resolutions (H. C. R. 79, H. C. R. 80, H. C. R. 81, H. C. R 82 and H. C. R. 83) were each
then referred to the Committee on Rules.
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:
S. B. 243, Relating to banks' self-ownership of stock,
And,
S. B. 269, Relating to parity for state-chartered banks' investments,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, and with the recommendation that second reference to the Committee on the
Judiciary be dispensed with.
In the absence of objection, reference of the bills (S. B. 243 and S. B. 269) 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 bills (S. B. 243 and S. B. 269) will each be placed on the
Consent Calendar.
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:
S. B. 242, Allowing state-chartered banks issue more than one class of stock,
And,
S. B. 271, Reducing state banks' time period for retaining records,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, and with the recommendation that the second reference to the Committee on
the Judiciary be dispensed with.
In the absence of objection, reference of the bills (S. B. 242 and S. B. 271) 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 bills (S. B. 242 and S. B. 271 will each be placed on the
Consent Calendar.
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:
S. B. 630, Relating to cancellation of combination insurance policies,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that the second reference to the Committee on the
Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 630) 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 (S. B. 630) 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, to take effect July 1, 2006, and requested the concurrence of the House of Delegates in the passage of
S. B. 18 - "A Bill to amend and reenact §18B-10-7 of the Code of West Virginia, 1931, as
amended, relating to granting tuition waivers to the children and spouses of parole and probation
officers killed in the line of duty"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and
requested the concurrence of the House of Delegates in the passage of
S. B. 32 - "A Bill to amend and reenact §18-19-1, §18-19-2 and §18-19-3 of the Code of West
Virginia, 1931, as amended, all relating to amending the use and eligibility requirements for the
educational opportunities benefit for certain children of those who have died as a result of certain
military service; increasing the limit on allocations to those eligible children; clarifying eligibility for
the allocation and the tuition waiver for children attending private, out-of-state and state education or
training institutions; and the effect of the allocation and tuition waiver on other scholarships and
grants"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and
requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 53 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia,
1931, as amended; and to amend and reenact §18-9A-25 of said code, all relating to changing the
required ratio of school nurses in each county from one nurse per every one thousand five hundred
students in kindergarten through seventh grade to one nurse per every seven hundred fifty students in
preschool through twelfth grade"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 107 - "A Bill to amend and reenact §14-2-2 of the Code of West Virginia,
1931, as amended, relating to venue in actions and proceedings against the state; and authorizing civil
actions against the state to be filed in the county in which the cause of action arose where the recovery
being sought is limited to the coverage available under the state's liability insurance policy"; which
was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 127 - "A Bill to amend and reenact §18-2-15a of the Code of West
Virginia, 1931, as amended; and to amend and reenact §18-9A-8a of said code, all relating to regional
education service agencies; study by the State Superintendent of Schools; and foundation allowance
for regional education service agencies"; which was referred to the Committee on Education then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 173 - "A Bill to amend and reenact §5-10-27 of the Code of West
Virginia, 1931, as amended, relating to the Public Employees Retirement System; clarifying right of
members and former members to select certain beneficiaries for preretirement death annuities; limiting
choice of beneficiaries to receive preretirement death annuities for new members only; providing for
preretirement death benefit of accumulated contributions to be paid in a lump sum amount to any
beneficiary or beneficiaries chosen by a member; date of membership and date of passage controlling
election of benefits; and recognizing exception for certain members who die as a result of active military service"; which was referred to the Committee on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 177 - "A Bill to repeal §29-21-12, §29-21-13 and §29-21-13a of the Code
of West Virginia, 1931, as amended; and to amend and reenact §29-21-3, §29-21-6, §29-21-8,
§29-21-9, §29-21-10, §29-21-11 and §29-21-16 of said code, all relating to Public Defender Services
generally; continuing Public Defender Services; creating the Indigent Defense Commission; specifying
members and their terms; transferring certain powers and duties of agency to the executive director
and Indigent Defense Commission; authorizing the executive director to reduce or reject certain
vouchers; authorizing resubmission of reduced or rejected vouchers; activation of corporations;
permitting the employment of both full-time and part-time attorneys; allowing for contracting with
part-time attorneys; mandating the order of appointment of panel attorneys; removing certain sections
relating to public defender corporations' funding; requiring corporations to submit budget; authorizing
amended funding contracts; providing for payment of fees to panel attorneys; and requiring services
provided to public defender corporations"; which was referred to the Committee on Government
Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 206 - "A Bill to amend and reenact §7-1-3u of the Code of West Virginia,
1931, as amended; to amend and reenact §21-9-4 and §21-9-12 of said code; and to amend and reenact
§24-2-2 of said code, all relating to floodplain management and flood debris generally; requiring
floodplain management plans to regulate new construction, placement of manufactured housing and storage of materials which may become flood debris or present additional flood hazards; requiring
local governments to establish process for approval of construction or installation of residence or
business in floodplain; authorizing reasonable fee for services provided by local government; requiring
local governments establish penalties for violations of floodplain management ordinances or plans;
authorizing division of labor to regulate installation of manufactured housing in regulated floodplains;
authorizing rulemaking; requiring licensed dealers and installers of manufactured housing obtain
certificate of approval for installation of homes in regulated floodplains; providing for recordkeeping;
providing for penalties; prohibiting connection of electric service to new construction of a residence
or business or installation or relocation of manufactured housing in regulated floodplain without local
government approval; requiring landowner to show proof of local government approval to electrical
inspector or provide certification number; establishing certain requirements for filing complaints with
the public service commission; and requiring rulemaking by pubic service commission"; which was
referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 219 - "A Bill to amend and reenact §17B-1-1 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §17B-2-3a of said code, all relating to the
requirements for obtaining a graduated driver's license; changing the expiration for level one permits
and level two licenses; prohibiting the use of a handheld wireless communication device while driving
by a minor holding a level one instruction permit or a level two license; and providing penalties for
such violations"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 265 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated º29-1I-6, relating to adding to the West Virginia Veterans
Memorial Monument the names of West Virginia veterans who died in action in Bosnia, Kosovo,
Afghanistan and Iraq; and adding names of those members of the military who may die in the ongoing
Bosnia, Kosovo, Afghanistan and Iraq conflicts"; which was referred to the Committee on Veterans
Affairs and Homeland Security then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 285 - "A Bill to amend and reenact §36-8-1, §36-8-2, §36-8-7, §36-8-8,
§36-8-12, §36-8-13, §36-8-15 and §36-8-17 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto two new sections, designated §36-8-5a and §36-8-15a; and to
amend and reenact §42-1-3c of said code, all relating to unclaimed property; definitions; shortening
the abandonment period for stocks, bonds, mineral proceeds and demutualization proceeds; changing
the abandonment period and reporting requirements for gift certificates; limiting locator fees; waiving
notary requirements for unclaimed property reports submitted electronically; authorizing Treasurer to
require that unclaimed property holders to liquidate securities and report proceeds as unclaimed
property; authorizing Treasurer to sell abandoned property through electronic auction or other
methods; increasing the maximum amount that may be transferred from the Unclaimed Property Trust
Fund to the Prepaid Tuition Escrow Fund to one million dollars annually; authorizing Treasurer to
transfer one million dollars from the Unclaimed Property Trust Fund to any public campaign financing
fund that may be approved by the Legislature; waiving notary requirements for claims under five
hundred dollars and limiting administrator's liability for duplicate claims payment; authorizing any state agency, board or commission owed delinquent funds by any person to claim that person's
property to offset delinquent amounts owed the agency; authorizing unclaimed property holder to
deliver property and Treasurer to treat property as abandoned property prior to expiration of
abandonment period where property holder has given notice to the apparent owners; and allowing
property with no taker under laws of descent and distribution to be administered by Treasurer as
unclaimed property"; which was referred to the Committee on the Judiciary then Finance.
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. 299 - "A Bill to amend and reenact article 9, chapter 64 of the Code of
West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by
the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies
to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature;
authorizing the Department of Agriculture to promulgate a legislative rule relating to animal disease
control; authorizing the Department of Agriculture to promulgate a legislative rule relating to certified
pesticide applicators; authorizing the Department of Agriculture to promulgate a legislative rule
relating to integrated pest management programs in schools and day care centers/facilities; authorizing the Department of Agriculture to promulgate a legislative rule relating to voluntary farmland protection
program; authorizing the State Auditor to promulgate a legislative rule relating to state purchasing card
program; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees;
authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the dental
advertising; authorizing the Governor's Committee on Crime, Delinquency and Correction to
promulgate a legislative rule relating to motor vehicle stop data collection standard for study of racial
profiling; authorizing the Board of Examiners for Licensed Practical Nurses to promulgate a rule
relating to policies regulating licensure of the licensed practical nurse; authorizing the Board of
Occupational Therapy to promulgate a legislative rule relating to administrative rule of the Board of
Occupational Therapy and licensure of occupational therapists and occupational therapy assistants;
authorizing the Board of Optometry to promulgate a legislative rule relating to rules for the West
Virginia Board of Optometry; authorizing the Board of Optometry to promulgate a legislative rule
relating to schedule of fees; authorizing the Board of Osteopathy to promulgate a legislative rule
relating to osteopathic physician assistants; authorizing the Board of Pharmacy to promulgate a
legislative rule relating to ephedrine and pseudoephedrine control; authorizing the Board of Examiners
of Psychologists to promulgate a legislative rule relating to qualifications for licensure as a
psychologist or a school psychologist; authorizing the Radiologic Technology Board of Examiners to
promulgate a legislative rule relating to the Board; authorizing the Radiologic Technology Board of
Examiners to promulgate a legislative rule relating to standards of ethics; authorizing the Real Estate
Appraiser Board to promulgate a legislative rule relating to requirements for licensure and
certification; authorizing the Real Estate Appraiser Board to promulgate a legislative rule relating to
renewal of licensure and certification; authorizing the Secretary of State to promulgate a legislative
rule relating to loan program for purchase of voting equipment, software and services; authorizing the
Secretary of State to promulgate a legislative rule relating to public testing of ballot-marking voting systems and precinct ballot-scanning devices; authorizing the Secretary of State to promulgate a
legislative rule relating to use of digital signatures, state certificate authority and state repository;
authorizing the Statewide Addressing and Mapping Board to promulgate a legislative rule relating to
final distribution and use of the statewide addressing and mapping fund; authorizing the Statewide
Addressing and Mapping Board to promulgate a legislative rule relating to standard fees for
planimetric elevation data; authorizing the Board of Veterinary Medicine to promulgate a legislative
rule relating to organization and operation; authorizing the Board of Veterinary Medicine to
promulgate a legislative rule relating to certified animal euthanasia technicians; and authorizing the
Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees"; which
was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and
requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 350 - "A Bill to amend and reenact article 5, chapter 64 of the Code of
West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by
the Department of Health and Human Resources and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies
to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to
assisted living residences; authorizing Department of Health and Human Resources to promulgate a
legislative rule relating to Alzheimer's/dementia special care units and programs; authorizing
Department of Health and Human Resources and the Insurance Commissioner to promulgate a
legislative rule relating to hospital licensure; authorizing Department of Health and Human Resources
to promulgate a legislative rule relating to public water systems; authorizing Department of Health and
Human Resources to promulgate a legislative rule relating to lead abatement licensing; authorizing
Department of Health and Human Resources to promulgate a legislative rule relating to fees for
permits; authorizing Department of Health and Human Resources to promulgate a legislative rule
relating to cancer registry; authorizing Department of Health and Human Resources to promulgate a
legislative rule relating to reportable diseases, events and conditions; and authorizing Department of
Health and Human Resources to promulgate a legislative rule relating to regulation of opioid treatment
programs"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and
requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 353 - "A Bill to amend and reenact article 8, chapter 64 of the Code of
West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by
the Department of Transportation and the procedures relating thereto; legislative mandate or
authorization for the promulgation of certain legislative rules by various executive or administrative
agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to and recommended by the Legislative
Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and recommended by the Legislative Rule-
Making Review Committee and as amended by the Legislature; authorizing the Division of Highways
to promulgate a legislative rule relating to use of state road rights of way and adjacent areas;
authorizing Division of Highways promulgate a legislative rule relating to transportation of hazardous
waste upon roads and highways; authorizing Division of Motor Vehicles promulgate legislative rule
relating to denial, suspension, revocation, restriction or nonrenewal of driving privileges; and
authorizing Division of Motor Vehicles promulgate legislative rule relating to motor vehicle dealers
and other business regulated by the Division"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and
requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 357 - "A Bill to amend and reenact article 7, chapter 64 of the Code of
West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by
the Department of Revenue and the procedures relating thereto; legislative mandate or authorization
for the promulgation of certain legislative rules by various executive or administrative agencies of the
state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the
rules were filed in the State Register; authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and recommended by the Legislative Rule-
Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules
as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended by the Legislative Rule-Making
Review Committee and as amended by the Legislature; authorizing the Insurance Commissioner to
promulgate a legislative rule relating to unfair trade practices; authorizing the Insurance Commissioner to promulgate a legislative rule relating to licensing and conduct of individual insurance producers,
agencies and solicitors; authorizing the Insurance Commissioner to promulgate a legislative rule
relating to the West Virginia Essential Property Insurance Association; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to Medicare supplement insurance; authorizing
the Insurance Commissioner to promulgate a legislative rule relating to nonrenewal of property
insurance policies; authorizing the Insurance Commissioner to promulgate a legislative rule relating
to private passenger automobile and property insurance - biannual rate filing requirements; authorizing
the Insurance Commissioner to promulgate a legislative rule relating to replacement of life insurance
policies and annuity contracts; authorizing the Racing Commission to promulgate legislative rule
relating to greyhound racing; authorizing the Tax Commissioner to promulgate a legislative rule
relating to business registration certificate - suspension for failure to pay personal property taxes; and
authorizing the Tax Commissioner to promulgate a legislative rule relating to valuation of active and
reserve coal for ad valorem property tax purposes"; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 362 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §11-10-5y, relating to requiring the Tax Commissioner to disclose certain
tax information to the Consolidated Public Retirement Board to aid in administering retirement plans'
disability retirement benefits"; which was referred to the Committee on Pensions and Retirement then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 415 - "A Bill to amend and reenact §18B-14-10 of the Code of West
Virginia, 1931, as amended, relating to credit card solicitation on college campuses; and providing a
means of enforcement by the Attorney General"; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 419 - "A Bill to amend and reenact §24-2-1 of the Code of West Virginia, 1931, as
amended, relating to the Public Service Commission generally; and providing that an innovative,
alternative sewer service method provided by a public utility is subject to the jurisdiction of the Public
Service Commission"; which was referred to the Committee on Government Organization.
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. 422 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-13W-1; and to amend said code by adding thereto a new
section, designated §17-16A-17a, all relating to the parkways authority generally; allowing frequent
commuters on the West Virginia Turnpike to turn in accumulated toll receipts in an amount equal to
the cost of a calendar year commuter pass for a commuter pass for the remainder of the calendar year;
creating a tax credit for payments made by individuals, businesses and corporations for payment of
unreimbursed tolls on the West Virginia Turnpike; and limitations on credits"; which was referred to
the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 428 - "A Bill to amend and reenact §12-3-10a, §12-3-10d and §12-3-10e
of the Code of West Virginia, 1931, as amended, all relating to Purchasing Card Program; expanding
purchasing card use for state agencies; authorizing additional uses for money from the Purchasing Card
Administration Fund; and increasing the membership of the Purchasing Card Advisory Committee";
which was referred to the Committee on Finance.
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
S. B. 443 - "A Bill to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as
amended, relating to continuation of hazardous waste management fee"; which was referred to the
Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 464 - "A Bill to amend and reenact §31E-3-301 of the Code of West Virginia, 1931, as
amended, relating to providing that churches and other religious entities may incorporate"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 469 - "A Bill to amend and reenact §23-2-1 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §30-13A-36 of said code, all relating to land surveyors generally; and providing an exemption from workers' compensation and surveyor licensing requirements for
surveyors with more than thirty years of surveying experience with one employee over the age of
sixty-five"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for H. B. 489 - "A Bill to amend and reenact §12-3A-6 of the Code of West
Virginia, 1931, as amended, relating to the authorization of the State Treasurer to provide remittance
processing and e-government services for a political subdivision upon its request"; which was referred
to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and
requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 492 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §24A-6-7, relating to providing that indemnity agreements
in motor carrier transportation contracts are void and unenforceable as against public policy; and
effective date"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and
requested the concurrence of the House of Delegates in the passage of
S. B. 503 - "A Bill to amend and reenact §15-2-4 and §15-2-5 of the Code of West Virginia,
1931, as amended, all relating to the appointment, temporary promotion and compensation of the
membership of the West Virginia State Police; providing for the temporary promotion from the
membership of the executive protection section of the West Virginia State Police; and providing annual salary schedules for the West Virginia State Police"; which was referred to the Committee on
Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 511 - "A Bill to amend and reenact §8-22-19 and §8-22-20 of the Code
of West Virginia, 1931, as amended, all relating to municipal policemen's and firemen's pension and
relief funds; authorizing a municipality which makes an excess alternate contribution at a certain level
to a pension and relief fund to increase employee contributions to the fund by one percent; and
permitting excess contributions to be excluded from calculation of the following year's minimum
contribution"; which was referred to the Committee on Pensions and Retirement then Finance.
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. 517 - "A Bill to amend and reenact §49-5-13a and §49-5-20 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §49-5D-3 of said code, all relating to
juvenile proceedings and multidisciplinary teams; requiring the Division of Juvenile Services to
establish a multidisciplinary team treatment planning process for certain juveniles in its custody;
requiring multidisciplinary team to be convened and directed by the Division of Juvenile Services for
juveniles committed to its custody by the court for examination and diagnosis; specifying members
of the multidisciplinary team; requiring multidisciplinary team to be convened for juveniles prior to
discharge from a juvenile correctional facility; authorizing those who convene a multidisciplinary team
meeting to obtain an order of the circuit court setting a hearing and compelling attendance; and
exceptions to team meeting requirement"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 519 -"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; defining
terms; providing for a waiver; requiring notice to minor of right of petition to family court; reporting
requirements; providing remedies; specifying when notice not required; severability; and providing
penalties"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for H. B. 521 - "A Bill to amend and reenact §20-5-2 of the Code of West Virginia,
1931, as amended, relating to providing the Natural Resources Commission authority to promulgate
rules to permit and regulate the hunting of white-tailed deer in state parks; providing that interest on
investment of parks' operational revenue is to be used exclusively for the benefit of the state parks and
public recreation system; and allowing certain designated parks to raise the minimum bank deposit
from two hundred fifty dollars to five hundred dollars."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub.
for S. B. 521) to a committee was dispensed with.
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. 538 - "A Bill to amend and reenact §6-7-2 of the Code of West Virginia, 1931, as
amended; to amend and reenact §6-7-2a; to amend and reenact §9A-1-5 of said code; to amend and
reenact §15-2-2 of said code; to amend and reenact §16-5P-5 of said code; to amend and reenact §17-
2A-3 of said code; to amend and reenact §19-1A-5 of said code; to amend and reenact §20-1-5 of said
code; to amend and reenact §21-1-2 of said code; to amend and reenact §22-1-6 of said code; to amend
and reenact §24-1-3 of said code; to amend and reenact §29-1-1 of said code; and to amend and reenact
§60-2-9 of said code, all relating to compensation of state officials; providing for salary adjustment
for the Governor; providing for salary adjustments for certain appointive state officers; and adjusting
annual stipend for the Chair of the Public Service Commission"; which was referred to the Committee
on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 554 - "A Bill to amend and reenact §61-8B-15 of the Code of West
Virginia, 1931, as amended, relating to clarification of permissible expenditures from the Forensic
Medical Examination Fund"; which was referred to the Committee on Health and Human Resources
then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and
requested the concurrence of the House of Delegates in the passage of
S. B. 558 - "A Bill to amend and reenact §6-7-2 of the Code of West Virginia, 1931, as
amended; to amend and reenact §6-7-2a; to amend and reenact §9A-1-5 of said code; to amend and
reenact §15-2-2 of said code; to amend and reenact §16-5P-5 of said code; to amend and reenact §17-
2A-3 of said code; to amend and reenact §19-1A-5 of said code; to amend and reenact §20-1-5 of said code; to amend and reenact §21-1-2 of said code; to amend and reenact §22-1-6 of said code; to amend
and reenact §24-1-3 of said code; to amend and reenact §29-1-1 of said code; and to amend and reenact
§60-2-9 of said code, all relating to compensation of state officials; providing for salary adjustment
for the Governor; providing for salary adjustments for certain appointive state officers; and adjusting
annual stipend for the Chair of the Public Service Commission."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 558)
to a committee was dispensed with.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 562 - "A Bill to amend and reenact §61-3-39f of the Code of West
Virginia, 1931, as amended, relating to providing authorization for private citizens to file certain
criminal complaints directly with the magistrate court"; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 566 - "A Bill to amend and reenact §14-2A-3 and §14-2A-19a of the Code of West
Virginia, 1931, as amended, all relating to increasing the maximum payment for crime scene cleanup
costs involving real property damaged by a methamphetamine laboratory; redefining claimant to
include as a victim the owner of real property damaged by a methamphetamine laboratory; amending
exclusions for motor vehicle claims to include instances in which a third party leaves the scene of the
accident; redefining work loss to include the loss of income from work by a parent or guardian of a
minor child who was the victim of a crime; redefining allowable expense to include reasonable travel expenses for out-of-state travel to return a minor or incapacitated adult who has been unlawfully taken
from the state; specifying the maximum amounts for such travel expenses; imposing certain duties and
restrictions on health care providers that file an assignment of benefits with the court; and tolling of
statute of limitations to collect unpaid medical bills until the claim is processed by the court"; which
was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and
requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 570 - "A Bill to amend and reenact §11-1C-5 and §11-1C-9 of the Code
of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated
§11-1C-5b; to amend and reenact §11-8-6f of said code; to amend and reenact §18-9A-2 and §18-9A-
11 of said code; and to amend and reenact §18A-4-5 of said code, all relating to the enforcement of
certain requirements relating to property assessments; including declaring refusal to comply with
certain provisions grounds for removal from office; eliminating any variance from the sixty percent
of current market value or the appropriate ratio; requiring the Tax Commissioner annually to prepare
an assessment ratio study indicating the median ratio of assessed values to the actual selling prices for
certain real properties; phasing in over six years the requirement that each county's local share be
calculated based on what the assessment ratio study indicates is sixty percent of market value of certain
properties; requiring adjustments to certain property as indicated by the assessment ratio study;
updating the Growth County School Facilities Act to be consistent with new method of calculating
local share; clarifying the definition of adjusted enrollment; reducing the percentage of the levy rate
for county boards of education used in the calculation of local share; eliminating obsolete language;
requiring the State Board of Education to develop and maintain state equity salary schedules for
teachers and service personnel; and making other technical changes"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and
requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 571 - "A Bill to amend and reenact §15-1B-16 of the Code of West
Virginia, 1931, as amended, relating to the National Guard generally; and increasing the base pay of
members of the National Guard while in active service to the state"; which was referred to the
Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 578 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §24-2-11d, relating to increasing the power of the Public Service
Commission to order the takeover of troubled utilities"; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 587 - "A Bill to amend and reenact §5-5-1 of the Code of West Virginia, 1931, as
amended, relating to the eligibility of faculty members at state institutions of higher education for
certain incremental pay; and making them eligible for the annual experience increment for state
employees"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 603 - "A Bill to amend and reenact §2-2-1 of the Code of West Virginia,
1931, as amended, relating to renaming the day after Thanksgiving Day as Lincoln's Day"; which was
referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 604 - "A Bill to amend and reenact §15-2A-9 of the Code of West
Virginia, 1931, as amended, relating to providing that a state trooper who retires on a disability
pension for an injury incurred in the performance of duty will continue to receive a disability pension
after age fifty-five instead of having the pension converted to a regular retirement pension"; which was
referred to the Committee on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 616 - "A Bill to amend and reenact §46A-4-104 of the Code of West
Virginia, 1931, as amended, relating to establishing annual reporting requirements for regulated
consumer lenders; and providing safeguards for nonpublic personal information that consumers
disclose to regulated consumer lenders"; which was referred to the Committee on Banking and
Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 620 - "A Bill to amend and reenact §18A-4-8d of the Code of West Virginia, 1931, as amended, relating to authorizing and encouraging county boards of education to share services of
central office administrative personnel and to obtain these services from regional education service
agencies"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 633 - "A Bill to amend and reenact §18-2-37 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto three new sections, designated §18-9A-27, §18-
9A-28 and §18-9A-29, all relating to requiring a study on advanced placement, international
baccalaureate and dual credit courses; providing each county meeting the definition of critical shortage
area and each county having one or more subject matter critical shortage areas with potential for
additional funding and the authority to contract with teachers on a more timely basis; encouraging the
use of federal funds for teacher recruitment and retention purposes; and providing an allowance for
technology integration specialists"; which was referred to the Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and
requested the concurrence of the House of Delegates in the passage of
S. B. 636 - "A Bill to amend and reenact §51-3-14 of the Code of West Virginia, 1931, as
amended, relating to the Court Security Fund and administrative costs therein; and authorizing a fee
of three percent not to exceed thirty-thousand dollars to Department of Military Affairs and Public
Safety for administering Court Security Fund"; which was referred to the Committee on the Judiciary
then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 638 - "A Bill to amend and reenact §18B-3D-2, §18B-3D-3, §18B-3D-4
and §18B-3D-5 of the Code of West Virginia, 1931, as amended, all relating to Workforce
Development Initiative Program; program continuation under West Virginia Council for Community
and Technical College Education; appointment of advisory committee members; requiring report to
Legislative Oversight Commission on Education Accountability; requiring plan as part of institutional
compact; requiring promulgation of legislative rule; providing for continuation of current rule; and
making technical corrections"; which was referred to the Committee on Industry and Labor, Economic
Development and Small Business then Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 644 - "A Bill to repeal §17D-4-15, §17D-4-16, §17D-4-17, §17D-4-18
and §17D-4-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3 of
said code; to amend and reenact §17D-2A-3, §17D-2A-6, §17D-2A-7 and §17D-2A-8 of said code;
to amend and reenact §17D-5-3 of said code; and to amend and reenact §17D-6-2 of said code, all
relating to mandatory security upon motor vehicles; authorizing the commissioner to develop a
program pilot test for electronic insurance verification and, if cost-effective, implement an electronic
insurance verification program; repealing the option of substituting the posting of a bond or other
security with the State Treasurer or the Commissioner of Motor Vehicles in lieu of a motor vehicle
liability policy; changing the method of random sampling for determining compliance with the
requirement to maintain security; changing the period of suspension of a driver's license for failure
to maintain security; requiring the court to forward evidence of compliance to the Division of Motor
Vehicles; providing a criminal penalty for providing false or fraudulent information related to mandatory security; requiring the division to suspend the driver's license of any person upon a
showing of forging or filing any false evidence or proof of mandatory security or information; and
changing the requirements of obtaining a certificate of self insurance"; which was referred to the
Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 653 - "A Bill to amend and reenact §5A-6-1, §5A-6-2, §5A-6-4, §5A-6-5
and §5A-6-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding
thereto three new sections, designated §5A-6-4a, §5A-6-4b and §5A-6-9, all relating to the Office of
Technology; making legislative findings; defining certain terms; detailing duties, powers and authority
of the Chief Technology Officer; establishing a Project Management Office; requiring state spending
units to provide notice and obtain approval of Chief Technology Officer for certain information
technology and telecommunication projects; and establishing and providing the administration for the
West Virginia Technology Infrastructure Fund"; which was referred to the Committee on Government
Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 654 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §62-1-1a, relating to the temporary detention of criminal
suspects by law-enforcement officers to inquire on commission of a crime where probable cause
appears to exist"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 656 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §22A-2-71b, relating to providing whistle-blower protection to miners who
complain to government authorities about health or safety hazards existing at mine sites where they
are employed"; which was referred to the Committee on the Judiciary
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 666 - "A Bill to amend and reenact §21-5D-4 and §21-5D-5 of the Code of West Virginia,
1931, as amended, all relating to allowing employees to use paid accumulated sick leave as paid family
leave to care for a family member"; which was referred to the Committee on the Judiciary then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 673 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
fourteen new sections, designated §7-20-11, §7-20-12, §7-20-13, §7-20-14, §7-20-15, §7-20-16, §7-
20-17, §7-20-18, §7-20-19, §7-20-20, §7-20-21, §7-20-22, §7-20-23 and §7-20-24, all relating
generally to the Local Powers Act; giving counties plenary power and authority to impose, administer,
collect and enforce payment of voter-approved service fees to pay for or finance cost of special
infrastructure projects within their counties; defining certain terms; giving county commissions
authority to issue revenue bonds to finance special infrastructure projects; and including authority to
issue refunding bonds and to take other actions to finance and complete such projects as the county commission deems prudent or necessary."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (Com. Sub.
for 673) to a committee was dispensed with.
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. 680 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §24A-6A-15, relating to granting the Public Service Commission authority
and responsibilities under the Single State Registration System and the Unified Carrier Registration
System with regard to motor carriers operating in interstate commerce"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 692 - "A Bill to amend and reenact §11-15-9d and §11-15-20 of the Code
of West Virginia, 1931, as amended; to amend and reenact §11-15A-3d of said code; to amend and
reenact §11-15B-2, §11-15B-2a, §11-15B-13, §11-15B-14a, §11-15B-15, §11-15B-18, §11-15B-19,
§11-15B-20, §11-15B-23, §11-15B-24, §11-15B-35 and §11-15B-36 of said code; and to amend said
code by adding thereto two new sections, designated §11-15B-2b and §11-15B-37, all relating
generally to conforming West Virginia's consumers sales and use tax law to requirements of the
Streamlined Sales and Use Tax Agreement as amended; incorporating certain substantive provisions
of the agreement pertaining to definitions, administration, collection and enforcement of sales and use
taxes; deleting obsolete language; making other technical changes; and specifying effective dates";
which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 709 - "A Bill to amend and reenact §6B-2-5 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §8A-2-3, §8A-2-4 and §8A-2-5 of said code, all relating to
members of planning commissions; allowing for the service of planning commission members who
have businesses that appear before the planning commission under certain circumstances; and
providing exceptions to limitations on practice before a planning commission"; which was referred
to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and
requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 728 - "A Bill to amend and reenact §24-6-5 and §24-6-6b of the Code
of West Virginia, 1931, as amended, all relating to enhanced emergency telephone system
requirements; requiring an investigation on character and criminal background to be conducted by and
at the expense of the State Police on certain persons to be employed in an emergency dispatch center;
prohibiting persons with felony convictions from holding certain positions; and assignment of a
portion of the wireless enhanced 911 fee money received by Public Service Commission to Homeland
Security and Emergency Management"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 752 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §18B-11B-1, §18B-11B-2, §18B-11B-3, §18B-11B-4, §18B-11B-5 and §18B-11B-6, all relating to continuing the statewide poison center generally; setting forth legislative
findings; providing for the continuation of the poison center as the West Virginia Poison Control
Center; requiring certification; establishing an advisory board; providing for an annual report; setting
forth certain responsibilities of the West Virginia Poison Control Center; setting forth certain powers
and responsibilities of the director of the center; and providing for general immunity for the center and
its employees for actions taken in good faith"; which was referred to the Committee on Government
Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 754 - "A Bill to amend and reenact §33-22-7 and §33-22-8 of the Code
of West Virginia, 1931, as amended, all relating to farmers' mutual fire insurance companies;
clarifying that certain requirements for the filing of fire and marine policies apply to farm mutual
insurance companies; clarifying types of policies that all such companies may issue; describing types
of policies of liability insurance for which an extension of a license must be obtained; permitting
commissioner to limit duration of such license extensions; and establishing criteria by which farm
mutual insurance companies must demonstrate that they serve underserved areas"; which was referred
to the Committee on Banking and Insurance then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 755 - "A Bill to amend and reenact §33-20F-9 of the Code of West
Virginia, 1931, as amended; to amend and reenact §55-7B-2 of said code; and to amend said code by
adding thereto a new section, designated §55-7B-12, all relating to medical professional liability insurance; clarifying the ability of the West Virginia Physicians' Mutual Insurance Company to decline
or refuse to renew insurance policies transferred to the company from the Board of Risk and Insurance
Management upon the expiration of the terms of the policies so transferred; describing the criteria
according to which the company may classify, rate and price policies of insurance; describing the
criteria according to which the company may elect to underwrite or decline to underwrite insurance
coverage; and establishing basic requirements and minimum standards for physician self-funded
insurance arrangements to qualify as medical professional liability insurance for purposes of article
seven-b, chapter fifty-five of said code"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 759 - "A Bill to amend and reenact §5-22A-1 and §5-22A-2 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new article, designated §17-2D-1, §17-
2D-2, §17-2D-3, §17-2D-4, §17-2D-5, §17-2D-6, §17-2D-7, §17-2D-8, §17-2D-9 and §17-2D-10, all
relating to the Highway Design-Build Procurement Act; defining certain terms; creating a
Design-Build Selection Committee and setting forth duties; listing requirements for approval of
design-build projects; requiring monthly progress reports on design-build projects; requiring annual
reports; revising authority to propose certain rules and requirements; establishing requirements for
issuing invitations for bid; certification of prequalification of design-builder; and bidding process";
which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006 and
requested the concurrence of the House of Delegates in the passage of
S. B. 765 - "A Bill to amend and reenact §18A-4-8 of the Code of West Virginia, 1931, as amended, relating to prohibiting boards of education from requiring bus operators and transportation
aides from starting their respective workdays other than at a board-owned facility"; which was referred
to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and
requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 767 - "A Bill to amend and reenact §21A-2-6 of the Code of West
Virginia, 1931, as amended, relating to the powers and duties of the Commissioner of the Bureau of
Employment Programs; and authorizing the commissioner to promulgate rules authorizing state
agencies to revoke the business license of an employing unit in default on unemployment
compensation payments"; which was referred to the Committee on the Judiciary then Finance.
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
S. B. 770 - "A Bill to amend and reenact §30-14A-1 of the Code of West Virginia, 1931, as
amended, relating to the required number of continuing education hours for osteopathic physician
assistants; and clarifying that written documentation satisfactory to the board of the completion of
twenty hours of continuing education hours in the preceding two-year period is the applicable
requirement"; which was referred to the Committee on Government Organization.
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. 773 - "A Bill to amend and reenact §16-2D-1, §16-2D-5, §16-2D-6 and §16-2D-9 of the
Code of West Virginia, 1931, as amended, all relating to certificate of need standards; establishing standards for and guidance to the Health Care Authority in making amendments and modifications to
certificate of need standards; setting forth factors for consideration in amending or modifying
certificate of need standards and rules; identifying sources for consideration in amending or modifying
certificate of need standards and methodologies; providing that applications for a certificate of need
may be made subject to criteria contained in certificate of need standards; providing that decisions may
be made by the Health Care Authority on applications for certificate of need standards based upon a
review conducted in accordance with certificate of need standards; and clarifying the certificate of need
standards are not subject to legislative rulemaking"; which was referred to the Committee on the
Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 774 - "
A Bill to amend and reenact §22-1-2, §22-1-6, §22-1-7 and §22-1-8 of the Code
of West Virginia, 1931, as amended, all relating to the organization of offices within the Department
of Environmental Protection; and defining certain terms"; which was referred to the Committee on
Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006, and
requested the concurrence of the House of Delegates in the passage of
S. B. 780 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §46A-6L-1, §46A-6L-2, §46A-6L-3 and §46A-6L-4, all relating to gift
certificates generally; defining terms; prohibiting expiration dates on gift certificates of less than three
years; stating exceptions; limiting imposition of various fees and charges which reduce the value of
a gift certificate; and imposing penalties"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 781 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §5A-3-40a; and to amend and reenact §5A-3-42 of said code, all relating to
long-term leases for wireless communication towers on public lands; authorizing the Secretary of the
Department of Administration to negotiate and enter into long-term lease agreements; limiting the
duration and conditions of such agreements; and directing the secretary to promulgate rules"; which
was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 782 - "A Bill to amend and reenact §18-2E-3c of the Code of West Virginia, 1931, as
amended, relating to the READS grant program; changing focus from providing remediation in grades
kindergarten through four to providing intervention in grades kindergarten through three; adding before
school and after school to the times in which reading intervention can occur under the grant program;
providing for scientifically based instruction, student learning strategies, teaching strategies and school
management strategies; adding additional requirements for program recipients; adding schools to the
priorities for awarding grants; adding requirement for the grant program application; adding formative
assessment as a method for identifying students in danger of failing; changing advisory board
membership; eliminating the Department of Education employee limit for the grant review and
selection panel; changing deadlines for grant application and providing grant awards; and allowing the
state board to fund tutoring by highly qualified teachers or specifically trained individuals"; which was
referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 783 - "A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as
amended, relating to defining completion of the National Board for Professional Teaching Standards
certification"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 784 - "A Bill to amend and reenact §18A-3-3 of the Code of West Virginia, 1931, as
amended, relating to allowing professional development in lieu of semester hours for certificate
renewal; and providing for permanent certification upon achieving National Board for Professional
Teaching Standards certification"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 785 - "A Bill to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as
amended, relating to requirements for physical education in public schools; grouping requirements by
programmatic rather than grade levels; and requiring state board rule on collection, use and reporting
body mass index data"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 787 - "A Bill to repeal §17-16C-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17-16D-1, §17-16D-2, §17-16D-3,
§17-16D-4 and §17-16D-5, all relating to the coordination of transportation needs of the transportation
disadvantaged; creating a Transportation Coordinating Council within the Department of
Transportation; establishing its membership, responsibilities and reporting requirements; requiring the
use of public transit systems under certain circumstances; and continuation of the Transportation
Coordinating Council."; which was referred to the Committee on Government Organization then
Finance.
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
S. B. 788 - "A Bill to amend and reenact §3-1-46 of the Code of West Virginia, 1931, as
amended; to amend and reenact §3-2-5 and §3-2-10 of said code; to amend and reenact §3-3-8 of said
code; to amend and reenact §3-5-23 of said code; and to amend and reenact §3-8-10 of said code, all
relating generally to elections; establishing training requirements for county clerks; making
amendments to conform to requirements of the Help America Vote Act; clarifying requirements for
voter registration drives; providing penalties for voter registration violations; clarifying use of excess
campaign contribution funds; clarifying processing of absentee ballots; and making technical
corrections"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and
requested the concurrence of the House of Delegates in the passage of
S. B. 789 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §62-11C-5a, relating to limited arrest powers for day report officers";
which was referred to the Committee on the Judiciary then Finance.
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
S. B. 790 - "A Bill to amend and reenact §23-5-12 of the Code of West Virginia, 1931, as
amended, relating to filing appeals of workers' compensation decisions to the board of review"; which
was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 791 - "A Bill to amend and reenact §60A-2-212 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §60A-10-7 and §60A-10-8 of said code, all relating to clarifying
statutory references in said code; clarifying that offenses and penalties relating ephedrine,
pseudoephedrine or phenylpropanolamine are not covered by the provisions of article ten of said
chapter; and penalties"; which was referred to the Committee on Health and Human Resources then
the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 792 - "A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated §18B-1-7; to amend and
reenact §18B-1B-6 of said code; to amend and reenact §18B-3C-4 and §18B-3C-8 of said code; to
amend said code by adding thereto a new section, designated §18B-3C-13; and to amend and reenact
§18B-6-1 and §18B-6-1a of said code, all relating to merging Fairmont State Community and
Technical College with Fairmont State University; clarifying definitions; dissolving certain advisory board; clarifying process for delivery of community and technical college education in certain location;
providing exception to process for achieving independently accredited community and technical
colleges; designating Community and Technical College of Shepherd as Blue Ridge Community and
Technical College; making technical corrections; and repealing obsolete provisions"; which was
referred to the Committee on Education then Finance.
Resolutions Introduced
Delegates Ennis, DeLong, Swartzmiller, Yost, G. White, Wakim, Varner, Tucker, Pethtel,
Romine, Leggett, Anderson, Ellem, Beane, Azinger, Border, Carmichael, Martin, Paxton, Hall,
Schoen, Craig, Morgan, Leach, Sobonya, Stephens and Howard offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 77 - "Providing for naming West Virginia Route 2, from Chester, in Hancock County,
to Huntington, in Cabell County, the 'Purple Heart Memorial Trail'."
Whereas, The Purple Heart was established by General George Washington and is awarded
to members of the Armed Forces of the United States who are wounded or killed in any action against
an enemy; and
Whereas, West Virginian's have led the nation per capita in military service for the
preservation of democracy, freedom, liberty and justice; and
Whereas, Many brave mem and women from across the nation have been wounded while
performing this most valuable community service; and
Whereas, States across the nation are designating portions of highways as part of a national
Purple Heart Trail; and
Whereas, The West Virginia Legislature also wishes to honor our Purple Heart Recipients,
distinguished veterans and national heroes; therefore, be it
Resolved by the Legislature of West Virginia:
That West Virginia Route 2, from Chester, in Hancock County, to Huntington, in Cabell
County, be named "The Purple Heart Memorial Trail"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to
cause to be manufactured appropriate signs with the prominent display of the words "The Purple Heart
Memorial Trail" and to erect same along the section of West Virginia Route 2 from Chester, in
Hancock County, to Huntington, in Cabell County, West Virginia.
Delegate Frederick, Amores and Craig offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 84 - "Requesting the Joint Committee on Government and Finance to study the
process of granting and denying well work permits for the drilling of gas wells near active coal mines."
Whereas, Well work permits are required by the code of the State of West Virginia for any
person to commence any well work within the State of West Virginia.
Whereas, Well work permits to drill and extract gas are essential to protect the health, welfare
and safety of the citizens of the State of West Virginia.
Whereas, Well work permits protect the rights of businesses participating in the coal and gas
mining industry in the State of West Virginia.
Whereas, A review and study of the well work permit granting process will ensure that every
interested party's rights throughout the permitting process are being considered and protected;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the process
of granting and denying well work permits for the drilling of gas wells near active coal mines; and, be
it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with the
drafts of any legislation necessary to effectuate its recommendation; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on
Government and Finance.
Mr. Speaker, Mr. Kiss, and all Members of the House of Delegates offered the following
resolution, which was read by the Clerk as follows:
H. R. 29 - "Commemorating the life of George E. Farley, gentleman, statesman, friend and
former member of the House of Delegates from Wood County, West Virginia."
Whereas, George Farley was born December 23, 1929, in Ritchie County, West Virginia. A
son of the late Charles W. and Sweetlyn R. Farley, he was educated in the Wood County public
schools and attended West Virginia Wesleyan College; and
Whereas, Mr. George Farley was a veteran who served in the Navy during the Korean War;
and
Whereas, On April 16, 1954, he married the former Jean Dye of Parkersburg, and together
they had two daughters, Brenda L. And Lynda J., who all survive him; and
Whereas, Mr. Farley, who resided at Parkersburg, served his State with honor and distinction
in this Legislative Body. He was first elected to represent the 8th District in Wood County in 1970, and
served nine terms until 1990; and
Whereas, During his service in the House of Delegates, Mr. Farley was the longtime
Chairman of the Finance Committee, and he was widely acknowledged, recognized and respected for
his expertise on the state budget and other fiscal matters; and
Whereas, Mr. Farley was a Deacon at the Emmanuel Baptist Church in Parkersburg and was
a member of the Wood County Farm Bureau, the Parkersburg Life Underwriters, the West Virginia Health Association and numerous other organizations; and
Whereas, Mr. Farley was a quiet man, almost unassuming in nature, who possessed great
class, dignity and integrity, and who genuinely cared not only for the constituency he represented but
also for the people of the whole State of West Virginia. He was a great friend, adviser and confidante,
and his dry sense of humor could easily evaporate the stress of Speakers with whom he served; and
Whereas, George Farley departed this earthly life on October 6, 2005, at the age of seventy-
six and his passing should not go unnoticed; therefore, be it
Resolved by the House of Delegates:
That regret is hereby expressed by the members of the House of Delegates at the passing of
George E. Farley, gentleman, friend, adviser, confidante, statesman, former member and former
Finance Chairman of the House of Delegates; and, be it
Further Resolved, That the Clerk of the House of Delegates be hereby requested to provide
certified copies of this Resolution for his surviving wife, Jean Farley, and for his daughters, Brenda
L. Dougherty and Lynda J. Farley.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 29) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
The widow and a daughter of Mr. Farley were present in the Chamber for the reading of the
resolution. At the conclusion of House action on the resolution, the Speaker invited them to the
podium, where he presented a certified copy to them.
Unanimous consent having been obtained, Justice Joseph P. Albright, former Speaker of the
House of Delegates and longtime friend of Mr. Farley, delivered personal reflections on life of Mr.
Farley and the and impact he had on the State, on the people whom he encountered and the House as
an institution.
At the conclusion of the brief ceremony honoring Mr. Farley, Justice Albright and Delegates
Staton, Michael and Beane escorted the family from the Chamber.
Mr. Speaker, Mr. Kiss, and all Members of the House of Delegates offered the following
resolution, which was read by the Clerk as follows:
H. R. 30 - "Designating March 2, 2006, as 'Mine Rescue Teams Day' recognizing mine rescue
teams of West Virginia for risking their lives to save miners during times of extreme danger.
Whereas, These volunteers are the heroes of West Virginia's coal industry and are the most
dedicated, well-trained rescue professionals in the world, and take great pride in their skills; and
Whereas, More than 30 mine rescue teams exist in West Virginia, with team members that
have learned techniques for entering mines following mine emergencies, and have received in-depth
training with regard to mine maps and ventilation procedures and the uses of auxiliary mine rescue
equipment; and
Whereas, Mine rescue team members wear basic equipment that weighs approximately 50
pounds, carrying additional equipment such as testers to detect gases and conditions that could
endanger miners; and
Whereas, Mine rescue team members report faithfully when the possibility of dangerous
situations exist, are willing to perform duties fearlessly under extreme urgency, and willing to venture
carefully, yet boldly, into dangerous situations in order to save the lives of others; and
Whereas, Several West Virginia mine rescue teams have won top national awards for the
ability to perform their jobs; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby declares March 2, 2006, as "Mine Rescue Teams Day";
and, be it
Further Resolved, That the House of Delegates hereby recognizes the outstanding service and dedication of the mine rescue team members for their tireless commitment and relentless effort; and,
be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to each member of the more than thirty mine rescue teams.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 30) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Special Calendar
Unfinished Business
H. C. R. 51, Declaring the Greenbrier Valley Theatre as the official State year-round
professional theatre of West Virginia; 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. 55, Requesting the Joint Committee on Government and Finance to study how the
divorce and custody laws prevent or hinder fathers from being involved in raising their children;
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 United States Congress to include a portion of Highway 10 as a
corridor to the Appalachian Highway Development System; 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. 61, Requesting the Joint Committee on Government and Finance to study the state
of emergency medicine in West Virginia; 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. 70, Requesting the joint committee on government and finance to conduct a study on
the need for and the appropriate methodology for providing salary improvements for counselors
employed by the Division of Rehabilitation Services; 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.
Third Reading
Delegate Staton addressed the House regarding the bills which had been transferred to the
Special Calendar and stated that momentarily he would offer a motion to table each bill, inasmuch as
the time limit had expired for further action by the House.
Whereupon,
The following bills, on motion of Delegate Staton, were each laid upon the table:
Com. Sub. for H. B. 4073, Establishing the crime of trafficking of persons,
H. B. 4245, Requiring employers to provide health insurance to employees working on public
improvement projects,
H. B. 4341, Requiring that instructional support and enhancement days are held twice before
December thirty-first, and three times after January first of the instructional term,
Com. Sub. for H. B. 4415, Relating to the distribution and sale of craft beer,
Com. Sub. for H. B. 4496, Relating to qualifications of the Commissioner of Agriculture,
H. B. 4616, Encouraging consistent statutory construction of state and federal consumer
protection laws,
H. B. 4753, Relating to regulation and procedures for the cleanup of clandestine drug
laboratories,
And,
H. B. 4767, Requiring the Attorney General to comply with certain requirements when entering
into contracts for legal services.
Com. Sub. for H. B. 4546, Continuing additional compensation for holders of national board
for professional teaching standards certification who are subsequently employed in principal and
assistant principal positions; on third reading, coming up in regular order, was, on motion of Delegate
Staton, laid over one day.
Second Reading
The following bills, on second reading, coming up in regular order, were, on motion of
Delegate Staton, each laid over one day:
Com. Sub. for H. B. 2235, Increasing salaries for magistrate clerks, magistrate assistants and
magistrate deputy clerks,
Com. Sub. for H. B. 4100, Providing a salary increase for elected county officials,
Com. Sub. for H. B. 4500, Providing for a salary adjustment for certain appointive state
officers,
And,
Com. Sub. for H. B. 4620, Providing for the salary range of the Commissioner of Banking and
the Insurance Commissioner.
First Reading
Com. Sub. for S. B. 114, Relating to teen court program fees; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for S. B. 183, Creating certain special license plates; on first reading, coming up
in regular order, was read a first time and ordered to second reading.
S. B. 463, Modifying qualifications for license to practice medicine; on first reading, coming
up in regular order, was read a first time and ordered to second reading.
S. B. 627, Allowing facsimile signatures on tax liens; on first reading, coming up in regular
order, was read a first time and ordered to second reading.
Miscellaneous Business
Delegate Wakim announced that he was absent on yesterday and noted that had he been present
he would have voted "Yea" on Roll Nos. 212 -214 and 253 - 334, except that he would have voted
"Nay" on Roll Nos. 276, 280, 285, 296, 304, 309, 310 and 311.
Delegate Caputo announced that he was also absent on yesterday when the votes were taken
on Roll Nos. 322 through 334, and had he been present, he would have voted "Yea" thereon.
Delegate Staton asked and obtained unanimous consent that the remarks of Justice Albright
concerning Mr. Farley be printed in the Appendix to the Journal.
At 12:10 p.m., the House of Delegates adjourned until 10:00 a.m., Friday, March 3, 2006.