_________*__________
Friday, March 3, 2006
The House of Delegates met at 10:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, March 2, 2006, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. C. R. 67, Naming the Bowers Bridge and the High Street Bridge in Mannington in honor
of individuals who contributed greatly to the development of the City of Mannington,
And,
H. R. 21, Condemning the persecution and repression of members of teh Baha'i faith by the
Iranian government,
And reports the same back with the recommendation that they each be adopted.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 166, Restructuring Parole Board,
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. 166) was referred to
the Committee on the Judiciary.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 217, Continuing Board of Osteopathy,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 213, Continuing Consolidated Public Retirement Board,
S. B. 214, Continuing Real Estate Commission,
S. B. 215, Continuing Board of Examiners in Counseling,
And,
S. B. 218, Continuing Capitol Building Commission,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (S. B. 213, S. B. 214, S. B. 215 and S. B. 218) will
be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 631, Relating to criminal school truancy complaints,
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
S. B. 635, Requiring boards of education maintain certain flood insurance,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (S. B. 635) will be placed on the Consent Calendar.
On motion for leave, a resolution was introduced (Originating in the Committee on Pensions
and Retirement and reported with the recommendation that it be adopted), which was read by its title,
as follows:
By Delegates Stalnaker, Manchin, Browning, Frederick, Williams, Hall and Duke:
H. C. R. 87 - "Requesting the Joint Committee on Government and Finance study the
actuarial conditions of municipal policemen's and firemen's pension funds."
Whereas, The Legislature recognizes that police and firefighter services are necessary for
the health and welfare of the citizens of the state's municipalities; and
Whereas, Providing attractive and adequately funded pension benefits assist municipalities
in recruiting and retaining dedicated and well-trained police officers and firefighters; and
Whereas, Many municipal police and firefighter pension funds are inadequately funded to
provide for projected needs; and
Whereas, The financial costs associated with municipal police and firefighter pension funds have increasingly become a burden on many of the state's municipalities; and
Whereas, Existing unfunded liabilities of municipal pension funds threaten the financial
stability of many of the state's municipalities; and
Whereas, A comprehensive study is needed to determine appropriate legislation to assist
municipalities in strengthening and sustaining their pension funds; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
actuarial conditions of municipal policemen's and firemen's pension funds; and, be it
Further Resolved, That the Joint Committee on Government and Finance establish a task
force to study the effects of current legislation on those funds and to consider legislative initiatives
to strengthen the actuarial soundness of the municipal funds, including permitting municipal police
officers and firefighters to participate in the Deputy Sheriff's Retirement System; and, be it
Further Resolved, That the cochairs of the Legislature's Joint Committee on Pensions and
Retirement be cochairs of the task force which shall include, but not be limited to, the actuary of the
Consolidated Public Retirement Board and representatives of the Governor, the State Treasurer, the
West Virginia Investment Management Board, the West Virginia Municipal League, the Fraternal
Order of Police and the West Virginia Professional Fire Fighters Association; and, be it
Further Resolved, That the financial costs associated with and unfunded liabilities of
municipal policemen's and firemen's pension funds are not the state's liability; 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
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.
The resolution was then referred to the Committee on Rules.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 7, Establishing Flood Protection Planning Act,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 7) was referred to the
Committee on Finance.
Chairman Michael, from the Committee on Finance submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S. B. 170, Creating Health Information Network,
And,
S. B. 516, Finding and declaring claims against state,
And reports the same back, by unanimous vote of the committee, with amendment, with the
recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (S. B. 170 and S. B. 516) will be placed on the
Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S. B. 371, Reducing severance tax on timber,
S. B. 582, Requiring electronic filing of certain personal income tax returns,
S. B. 529, Updating meaning of certain terms used in state Personal Income Tax Act,
And,
S. B. 530, Updating meaning of certain terms used in state Corporation Net Income Tax Act,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (S. B. 371, S. B. 582, S. B. 529 and S. B. 530) will
be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S. B. 786, Exempting certain severance wages from personal income tax,
And reports the same back with the recommendation that it do pass.
On motion for leave, bills were introduced (Originating in the Committee on Finance and
reported with the recommendation that they each do pass), which were read by their titles, as
follows:
By Delegates Michael, Doyle, Proudfoot, Cann, Boggs, Frederick, Williams, H. K.
White, Anderson and Ashley:
H. B. 4855 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand six, to
the Department of Education and the Arts - Office of the Secretary -Lottery Education Fund Interest
Earnings - control account, fund 3508, fiscal year 2006, organization 0431; to the Department of
Environmental Protection - Division of Environmental Protection - Oil and Gas Reclamation Fund,
fund 3322, fiscal year 2006, organization 0313; to the Department of Environmental Protection -
Division of Environmental Protection - Oil and Gas Operating Permit and Processing Fund, fund
3323, fiscal year 2006, organization 0313; to the Department of Environmental Protection - Division
of Environmental Protection - the Underground Storage Tank AdministrativeFfund, fund 3325, fiscal
year 2006, organization 0313; to the Department of Environmental Protection - Division of Environmental Protection - Air Pollution Control Fund, fund 3336, fiscal year 2006, organization
0313; to the Department of Environmental Protection - Division of Environmental Protection -
Mountaintop Removal Fund, fund 3490, fiscal year 2006, organization 0313; to the Department of
Health and Human Resources - Division of Human Services - Health Care Provider Tax, Fund 5090,
fiscal year 2006, organization 0511; to the Department of Health and Human Resources - Division
of Human Services - Medical Services Trust Fund, fund 5185, fiscal year 2006, organization 0511;
to the Department of Military Affairs and Public Safety - West Virginia Division of Corrections -
Parolee Supervision Fees, fund 6362, fiscal year 2006, organization 0608; to the Department of
Military Affairs and Public Safety - Criminal Justice Services - Court Security Fund, fund 6804,
fiscal year 2006, Organization 0620; to the Department of Transportation - Division of Motor
Vehicles - Insurance Certificate Fees, fund 8215, fiscal year 2006, organization 0802; to the Public
Service Commission - Consumer Advocate, fund 8627, fiscal year 2006, organization 0926; and to
the Massage Therapy; Licensure Board, fund 8671, fiscal year 2006, organization 0938, by
supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June,
two thousand six,"
By Delegates Michael, Stalnaker, Kominar, Frederick, Browning, Boggs, Susman, G.
White, Wakim and Carmichael:
H. B. 4856 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand six, to
the department of commerce - miners' health, safety and training fund, fund 3355, fiscal year 2006,
organization 0314, by supplementing and amending the appropriation for the fiscal year ending the
thirtieth day of June, two thousand six,"
By Delegates Michael, Doyle, Proudfoot, Browning, Williams, Cann, Palumbo,
Kominar and Stalnaker:
H. B. 4857 - "A Bill making a supplementary appropriation of federal funds out of the
Treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand six, to the department of administration - children's health insurance
agency, fund 8838, fiscal year 2006, organization 0230; to the department of commerce - division
of natural resources, fund 8707, fiscal year 2006, organization 0310; to the department of
environmental protection - division of environmental protection, fund 8708, fiscal year 2006,
organization 0313; to the department of health and human resources - west virginia health care
authority, fund 8851, fiscal year 2006, organization 0507; to the department of military affairs and
public safety - office of the secretary, fund 8876, fiscal year 2006, organization 0601; to the
department of transportation - public port authority, fund 8830, fiscal year 2006, organization 0806;
and to the department of military affairs and public safety - division of criminal justice services -
juvenile accountability incentive, fund 8829, fiscal year 2006, organization 0620, by supplementing
and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand
six,"
By Delegates Michael, Doyle, Frederick, Susman, Browning, H. White, Anderson,
Ashley, G. White and Border:
H. B. 4858 - "A Bill making a supplementary appropriation of federal funds out of the
Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand six, to the secretary of state - state election fund, fund 8854, fiscal
year 2006, organization 1600, by supplementing and amending the appropriation for the fiscal year
ending the thirtieth day of June, two thousand six,"
By Delegates Michael, Doyle, Boggs, Cann, Stalnaker, Border and Wakim:
H. B. 4859 - "A Bill making a supplementary appropriation for the fiscal year ending the
thirtieth day of June, two thousand six, to the department of health and human resources - division
of health - tobacco settlement expenditure fund, fund 5124, fiscal year 2006, organization 0506, by
supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June,
two thousand six,"
By Delegates Michael, Proudfoot, Browning, Boggs, Stalnaker, Ashley, Evans, Carmichael, Border and Wakim:
H. B. 4560 - "A Bill expiring funds to the unappropriated surplus balance in the state fund,
general revenue, for the fiscal year ending the thirtieth day of June, two thousand six, in the amount
of five million four hundred thousand dollars from the joint expenses, fund 0175, fiscal year 2005,
organization 2300, activity 642,in the amount of twenty-four million six hundred thousand dollars
from the tax reduction and federal funding increased compliance fund, fund 1732, fiscal year 2006,
organization 2300, in the amount of six million six hundred twenty-nine thousand dollars from the
board of risk and insurance management - premium tax savings fund, fund 2367, fiscal year 2006,
organization 0218, and in the amount of one million two hundred fifty thousand dollars from the
public service commission, fund 8623, fiscal year 2006, organization 0926, and making a
supplementary appropriation of public moneys out of the Treasury from the balance of moneys
remaining as an unappropriated surplus balance in the state fund, general revenue, to the department
of agriculture, fund 0131, fiscal year 2006, organization 1400, to the West Virginia conservation
agency, fund 0132, fiscal year 2006, organization 1400, to the consolidated public retirement board,
fund 0195, fiscal year 2006, organization 0205, to the state department of education, fund 0313,
fiscal year 2006, organization 0402, to the state board of rehabilitation services-division of
rehabilitation services fund 0310, fiscal year 2006, organization 0932, to the division of human
services fund 0403, fiscal year 2006, organization 0511, to division of corrections-correctional units
fund 0450, fiscal year 2006, organization 0608, and to the aeronautics commission fund 0582, fiscal
year 2006, organization 0807, by supplementing and amending the appropriations for the fiscal year
ending the thirtieth day of June, two thousand six,"
And,
By Delegates Michael, Doyle, Susman, Boggs, H. White, Ashley and G. White:
H. B. 4861 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated balance in the state fund,
general revenue, to the department of administration - consolidated public retirement board, fund 0195, fiscal year 2006, organization 0205, to the department of military affairs and public safety -
office of the secretary, fund 0430, fiscal year 2006, organization 0601, to the department of revenue -
office of the secretary, fund 0465, fiscal year 2006, organization 0701, and to the department of
revenue - tax division, fund 0470, fiscal year 2006, organization 0702, by supplementing and
amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six."
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 473, Creating crime of reckless driving resulting in serious bodily
injury,
And,
S. B. 551, Relating to involuntary commitment process for addicted persons,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that they each do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (Com. Sub. for S. B. 473 and S. B. 551) will be
placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 51, Relating to name change for certain persons,
And,
Com. Sub. for S. B. 509, Clarifying automobile franchise law,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for S. B. 51 and Com. Sub. for S. B.
509) will be placed on the Consent Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 4019, Relating to the preparation and distribution of a digest or summary of the budget
bill.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for H. B. 4021, Relating to a pilot program authorizing participating health care
clinics and private medical practitioners to provide primary and preventive health services for a
prepaid fee.
On motion of Delegate Staton, the House of Delegates refused to recede from its amendment
and requested the Senate to agree to the appointment of a Committee of Conference of five from
each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Perdue, Stalnaker, Palumbo, Pino and Hall.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 4047, Relating to part-time prosecuting attorneys.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 4063, Expanding the authority of the Commissioner of Banking
concerning use of certain banking terms in connection with the name of a business.
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. 205 - "A Bill to amend and reenact §15-12-1, §15-12-1a, §15-12-2, §15-12-2a,
§15-12-2b and §15-12-8 of the Code of West Virginia, 1931, as amended; to amend and reenact
§61-2-14 of said code; to amend and reenact §61-8-6, §61-8-7 and §61-8-12 of said code; to amend
and reenact §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8, §61-8B-9 and §61-8B-10 of said
code; to amend and reenact §61-8C-2 and §61-8C-3 of said code; to amend and reenact §61-8D-5
and §61-8D-6 of said code; to amend said code by adding thereto a new article, designated
§62-11D-1, §62-11D-2, §62-11D-3, §62-11D-4, §62-11D-5, §62-11D-6, §62-11D-7, §62-11D-8,
§62-11D-9, §62-11D-10, §62-11D-11, §62-11D-12, §62-11D-13, §62-11D-14, §62-11D-15,
§62-11D-16, §62-11D-17, §62-11D-18, §62-11D-19 and §62-11D-20; to amend and reenact
§62-12-2 of said code; to amend and reenact §62-12-26 of said code; and to amend said code by
adding thereto a new section, designated §62-12-26a, all relating to establishing Logan's Law;
setting forth certain findings; increasing penalties for certain sex offenses against minors; eliminating
probation for certain sex offenders; providing for a sentence of life in prison without parole for
certain offenses that result in the death of a minor; prohibiting sex offenders from residing in certain
area; limiting access to minors by sex offenders; eliminating the granting of 'good time' by prison
officials for persons convicted of crimes against minors; including persons convicted of a second
violent sexual offense as a violent sexual predator; requiring twice yearly registration and
reregistration by violent sexual predators, providing criminal offenses for failing to reregister, failing to respond to address verification, failing to report or providing false information about a violent
sexual predator and harboring or concealing a sexual predator; providing penalties for violations;
providing for 25-year mandatory minimum term of imprisonment for violent sexual predators;
providing a sentence for life for violent sexual predators who commit certain sexual crimes against
certain minors; providing for split sentencing; requiring the court to impose a split sentence in certain
circumstances; requiring increased supervision of violent sexual predators under certain
circumstances; requiring use of electronic monitoring device, including 'GPS' monitoring, before
release of certain offenders; prohibiting the intentional altering, tampering, damaging or destroying
of any electronic monitoring equipment; providing a penalty for violations establishing a procedure
for committing sexually violent predators; setting forth certain findings; requiring notice to
prosecuting attorney of proposed release of sexually violent predator; providing for the filing of a
commitment petition for a sexually violent predator; providing for a probable cause hearing on the
petition; setting forth certain rights of the parties; requiring the filing of a petition for conditional
release; setting forth procedures for determining unconditional discharge of sexually violent
predator; providing for hearing on least restrictive alternative; conditional release to a less restrictive
setting; providing for the apprehension of persons placed in less restrictive alternatives; hearing and
revocation of placement; setting forth certain responsibilities of the Department of Health and
Human Resources; approval of community service personnel by Department of Health and Human
Resources; providing for the release of certain information; establishing a procedure on escape or
disappearance of violent sexual offenders; notice of escape and recapture; and providing for rules
for legislative approval; specifying additional conditions for certain violent sexual offenders placed
under community control; providing for imprisonment for life for sexually violent predators and
imprisonment from twenty-five years to life for first degree sexual offenses against minors;
providing for split sentencing; providing for terms and conditions of supervised release; extended
supervision; electronic monitoring; and penalty for destruction of monitoring device"; which was
referred to the Committee on the Judiciary then Finance.
Resolutions Introduced
Delegates Campbell and Canterbury offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 85 - "Requesting the Joint Committee on Government and Finance conduct a study
to review, study and examine the issues related to preserving the public safety regarding dangerous
animal attacks."
Whereas, Domestic animals often are reportedly friendly, affectionate and well-behaved;
and
Whereas, Domestic animals are vital to the economy of West Virginia, including the
hunting, farming and agricultural industries; and
Whereas, Domestic animals are a valuable component of law-enforcement and public safety
agencies; and
Whereas, Domestic animals provide an indispensable service to individuals with disabilities
and special needs; and
Whereas, Domestic animals trained for such industries and services are unlikely to pose a
threat to the public safety; and
Whereas, Attacks may occur from a variety of animal breeds and hybrids; and
Whereas, Serious and fatal attacks occur to the most vulnerable members of society, which
are children and the elderly; and
Whereas, Some animal attacks are fatal, and those victims who survive attacks are
sometimes left permanently disfigured or disabled; and
Whereas, There is often little recourse for the community when domestic animals are
suspected to be dangerous or threatening; and
Whereas, Several states and municipalities have enacted laws to address the threat of attack
by dangerous animals; and
Whereas, The interests of the public must be balanced with the interests of animal owners, particularly those owners whose animals have never displayed aggression or whose animals have
been specially trained to perform meaningful and significant services to individuals or the public;
and
Whereas, It is important to preserve the safety of communities and individuals in contact
with domestic animals, but likewise to respect the rights of animal owners; and
Whereas, The Legislature finds that it is necessary to study the issues regarding domestic
animal attacks and explore remedies for maintaining public safety while respecting the rights of
animal owners; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, study
and examine the issues related to preserving the public safety regarding dangerous animal attacks;
and, be it
Further Resolved, That the study shall consider: The appropriate responsibilities of domestic
animal owners; how to determine when a domestic animal is a potential threat to public safety;
defining what constitutes an animal that is dangerous or a threat to public safety; the appropriate
response or treatment for an animal designated as dangerous or a potential threat to public safety;
and whether to apply any restrictions to animal breeds that are determined to be inherently
dangerous; and, be it
Further Resolved, That the scope of the study does not include animals which are utilized
in the hunting, farming, agriculture, or personal or public service industries; 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
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.
Delegates Craig, Amores, Hartman, Cann, Michael, Varner, Armstead, Carmichael, Kominar,
Howard and Hamilton offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 86 - "Requesting the Joint Committee on Government and Finance to study the
creation of business court system in West Virginia."
Whereas, A business court system can efficiently facilitate litigation and resolve business
disputes in West Virginia;
Whereas, A business court system seeks to improve the quality of decisions made in
business litigation by enhancing the consistency, predictability and accuracy of the application of
business law to specific disputes;
Whereas, A business court system will consist of business dockets, divisions, or programs
within existing trial level courts;
Whereas, A business court system will not be a separate court system, but will be
comparable to civil, criminal, family, or other court systems that exist in West Virginia's court
system;
Whereas, A business court system generally does not require new funding or additional
resources by merely reallocating case loads among existing judges;
Whereas, a court that exclusively and consistently hears business, corporate and other
commercial disputes will develop expertise, experience and knowledge enabling it to operate more
efficiently;
Whereas, States with a business court system report that they have successfully used
business courts to persuade businesses to locate or remain in those states;
Whereas, The establishment of a business court system will be an important factor in
helping the State of West Virginia attract new businesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study and make recommendations whether West Virginia should establish a business court system; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, two thousand seven, 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.
Petitions
Delegate Beach presented a petition, signed by one hundred sixty-five Monongalia County
employees, in support of the West Virginia Education Association's proposals for repeal of the 80/20
PEIA legislation; which was referred to the Committee on Finance.
Delegates Beach and Campbell presented a petition, signed by sixty-five educators at
Greenbrier East High School, in support of the six percent across the board pay raise for teachers;
which was referred to the Committee on Finance.
Consent Calendar
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed
with him for the removal of bills from the Consent Calendar to the House Calendar:
S. B. 242, on first reading, Consent Calendar, to the Special Calendar, by Delegate Staton,
And,
S. B. 271, on first reading, Consent Calendar, to the Special Calendar, by Delegate Staton.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for S. B. 243, Relating to banks' self-ownership of stock,
S. B. 269, Relating to parity for state-chartered banks' investments,
S. B. 630, Relating to cancellation of combination insurance policies,
And,
H. B. 4312, Increasing the compensation of child support enforcement attorneys.
Special Calendar
Second Reading
Com. Sub. for S. B. 114, Relating to teen court program fees; on second reading, coming
up in regular order, was reported by the Clerk.
On motion of Delegates Amores and Staton, the bill was amended on page five, line seventy-
seven, following the word "ordinance" by striking out the period and inserting in lieu thereof a
comma and the words "including traffic violations and moving violations but excluding municipal
parking ordinances" followed by a period.
The bill was then ordered to engrossment and third reading.
S. B. 463, Modifying qualifications for license to practice medicine;
on second reading,
coming up in regular order, was read a second time, advanced to third reading and the rule was
suspended to permit the offering and consideration of an amendment by Delegate Beane on that
reading.
S. B. 627, Allowing facsimile signatures on tax liens; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. B. 242, Allowing state-chartered banks issue more than one class of stock,
S. B. 271, Reducing state banks' time period for retaining records,
Com. Sub. for S. B. 521, Authorizing deer hunting in state parks,
S. B. 619, Relating to Physicians' Mutual Insurance Company board member's term,
And,
S. B. 673, Authorizing county service fees for infrastructure projects; bonding authority.
At 10:41 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, March 6, 2006.