__________*__________
Tuesday, March 1, 2005
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 28, 2005, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. R. 15, Amending House Rule No. 94 relating to joint sponsors of a bill,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. R. 15 - "Amending House Rule 94 relating to joint sponsors of a bill,"
With the recommendation that the committee substitute be adopted.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. R. 16, Amending the rules of the House of Delegates, relating to compelling a standing committee to take up and report out a bill,
And,
H. R. 17, Amending the Rules of the House of Delegates, relating to agreeing to Senate
Amendments,
And reports the same back with the recommendation that they each be rejected.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Michael, Doyle, Leach, Kominar, Boggs, Stalnaker and Hall:
H. B. 2823 - "A Bill supplementing, amending, reducing and increasing items of the existing
appropriations from the State Road Fund to the Department of Transportation, Division of
Highways, fund 9017, fiscal year 2005, organization 0803, by supplementing and amending the
appropriations for the fiscal year ending the thirtieth day of June, two thousand five."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
2823) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2482, Relating to including jails within the context of certain criminal acts by
incarcerated persons,
H. B. 2483, Repeal the section of the West Virginia Code relating to escape of convicts and
rewards,
And,
H. B. 2495, Repeal the requirement that jails be inspected by appointees of the Circuit
Courts,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 2482, H. B. 2483 and H. B 2495) will be
placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2471, Establishing a financial responsibility program for inmates,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2471 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated section §25-1-3c, relating to inmate funds; establishing
a financial responsibility program for inmates; requiring wardens to deduct a portion from inmate
earnings to be used to satisfy child support payments and legitimate court-ordered financial
obligations; providing for administrative fees; and requiring the Division of Corrections to develop
policies and procedures for the administration of the program and the maintenance of records",
And,
H. B. 2476, Relating generally to parole and parole proceedings,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2476 - "A Bill to amend and reenact §62-12-19 of the Code of West
Virginia, 1931, as amended, relating generally to parole and parole proceedings; providing that
certain persons who have been released on parole three times and had their parole revoked are not
eligible for further release on parole; and authorizing the Commissioner of the Division of
Corrections to issue subpoenas for persons and records necessary to prove a violation of the terms
and conditions of a parolee's parole",
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2471 and Com Sub. for H.
B. 2476) 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 from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 49 - "A Bill to repeal §7-8-3 of the Code of West Virginia, 1931, as amended, relating
to inspection of jails"; 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. 94 - "A Bill to amend and reenact §18-5-45 of the Code of West
Virginia, 1931, as amended, relating to the school calendar; and providing additional flexibility for
instructional support and enhancement days"; 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 from passage,
and requested the concurrence of the House of Delegates in the passage of
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. 104 - "A Bill to repeal §17-15-3 of the Code of West Virginia, 1931, as amended,
relating to working prisoners by county commissions"; 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. 162 - "A Bill to amend and reenact §5E-1-8 of the Code of West Virginia, 1931, as
amended, relating to modifying the time period in which the authority may allocate tax credits
available under the Capital Company Act during the fiscal year beginning on the first day of July,
two thousand four"; which was referred to the Committee on Industry and Labor, Economic
Development and Small Business 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. 183 - "A Bill to amend and reenact §25-1-3a of the Code of West Virginia, 1931, as
amended, relating to inmate accounts and property; and authorizing the warden of a correctional
facility to allow an inmate to withdraw money from the inmate's mandatory savings account for the
purpose of preparing the inmate for reentry into society"; 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. 184 - "A Bill to repeal §28-5-26 of the Code of West Virginia, 1931, as amended,
relating to escape of convicts and rewards"; 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. 229 - "A Bill to repeal §31A-2-11 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §31C-1-7 of said code, relating to reports of financial institutions to the
Division of Banking; removing the annual deposit and loan reporting requirement for banking institutions; and modifying the annual deposit and loan reporting requirement and its submission date
for credit unions"; 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, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 248 - "A Bill to amend and reenact §18-2J-6 of the Code of West Virginia, 1931, as
amended, relating to the requirement that technology expenditures be made in accordance with the
Education Technology Strategic Plan"; which was referred to the Committee on Education then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, to take effect from passage, of
Com Sub. for S. B. 261, Providing for special election proposing amendment to Constitution
designated Pension Bond Amendment.
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. 269 - "A Bill supplementing, amending, reducing and increasing items of the existing
appropriations from the State Road Fund to the Department of Transportation, Division of
Highways, fund 9017, fiscal year 2005, organization 0803, by supplementing and amending the
appropriations for the fiscal year ending the thirtieth day of June, two thousand five."
At the request of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 269)
to a committee was dispensed with, taken up for immediate consideration, read a first time and
ordered to second reading.
Resolutions Introduced
Delegates Armstead (By Request), Walters and Lane offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 20 - "Requesting the Commissioner of the Division of Highways to name the
recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County,
the 'Shaffer Bridge'."
Whereas, For approximately 70 years, members of the Shaffer family lived in the house
which was taken by construction of the new bridge; and
Whereas, For approximately 100 years, three generations of the Shaffer family have owned
the property adjoining the new bridge; and
Whereas, The late James and Ella Shafer first settled on this property in the early 1900's,
farming the land and raising five siblings; and
Whereas, James and Ella's son, the late Starling Shaffer (who changed the spelling of his
last name,) and his wife Irene, assumed ownership of the property in 1959 after James' death and
continued to live on the land and farm it until Starling's death; and
Whereas, Starling's sons, Bob and Larry Shaffer, assumed ownership of the property after
their father's passing in 1996 and both brothers have continued to maintain the land, and Larry and
his wife, Betty, have continued to reside on the land; and
Whereas, The Shaffer family's century of dedicated and loving stewardship of this land
should not go unnoticed and, indeed, should be commended; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to name the
recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County,
the "Shaffer Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at
both ends of this bridge which designates the bridge as the "Shaffer Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this Resolution to the Commissioner of the Division of Highways and to Bob and Larry Shaffer.
Delegates Williams, Perry, Beach, Paxton and Hartman offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 21 - "Requesting the Department of Education to create a position in the
Department to coordinate, oversee and advocate for public school libraries."
Whereas, Public school libraries can fulfill an important role in teaching students,
supporting curriculum delivery and providing resources for staff development; and
Whereas, Public school libraries, when adequately funded and staffed with professionally
trained and credentialed library media specialists, have shown their value in improving student
performance; and
Whereas, There is no person responsible for ensuring that the valuable role of public school
libraries is appropriately represented in state level policy formation and program development for
improving education in the public schools; therefore, be it
Resolved by the Legislature of West Virginia:
That the Department of Education is hereby requested to create a position in the Department
to coordinate, oversee and advocate for public school libraries.
Delegates Manchin, Caputo and Longstreth offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 22 - "Requesting the Division of Highways to name the new bridge, on State Route
73 south of Fairmont and just north of Boothsville in Marion County, the 'Andrew G. and Carmen
L. Hauge Bridge'."
Whereas, In 1918, at one year of age, Andrew G. Hauge came to Fairmont, West Virginia
with his parents who started a business that through hard work held together during the depression.
Just prior to the great depression, his parents purchased property on Route 73 from the C. H. Jenkins
Coal Company. When his father passed away while Andrew G. Hauge was a young man, his mother
ran the business out of a building along Fairmont Avenue which even today contains the Hauge's name on its stained glass front windows; and
Whereas, Andrew G. Hauge graduated from Ohio State University, obtained his pilots
license and in 1941 enlisted in the United States Air Force serving in the 51st fighter squadron in
India. While there, he met and eventually married a nurse named "Petty," who was serving in the
20th General Hospital after having worked as a scrub nurse in the operating room of the Mayo
Clinic. After the war, Lt. Col. Andrew G. Hauge and Carmen L. Hauge returned to Fairmont to the
property along Route 73. They raised twin sons, Allen "Fritz" Hauge and David "Haunz" Hauge.
Both sons attended Wooster College. Allen became an international consultant and David, who also
attended the West Virginia University School of Medicine, became a neurosurgeon; and
Whereas, In 1958, Andrew G. Hauge led the effort to establish the Tri-County Water
Association to help provide clean water to the residents along Route 73. He served as a member
and president of the Marion County School Board. He also led an effort to form the Grant Public
Service District to provide a sewage system for Boothsville and the surrounding area; and
Whereas, Andrew G. and Carmen L. Hauge have been members of the Grace Lutheran
Church in Fairmont and spent much of their lives operating Hauge's florist and greenhouse in
Fairmont and on Route 73 south of Fairmont; and
Whereas, Andrew G. and Carmen L. Hauge have given of themselves to their country, this
state, Marion County and especially Fairmont and they have persevered through hard work and
strength of character through the years, setting an example of the highest ideals of family and service
to their community and their country for all West Virginians to appreciate; and
Whereas, It is fitting and just that this bridge beside their homeplace be named for these true
West Virginians who have served this country in time of war, contributed to their community in
good times and bad times, and have gained the love and respect of all who know them; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new bridge, on State Route 73 south of Fairmont and just north of Boothsville in Marion County, the "Andrew G.
and Carmen L. Hauge Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the
bridge displaying the name "Andrew G. and Carmen L. Hauge Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this Resolution to the Secretary of the Department of Transportation and to Andrew G. and
Carmen L. Hauge.
Delegates Stemple and Varner offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 23 - "Requesting the Division of Highways to rename State Route 16/46 in Calhoun
County, the 'Alan B. Mollohan Road'."
Whereas, The Calhoun County Board of Education is exceedingly grateful to Congressman
Alan B. Mollohan for his efforts in the United States Congress and elsewhere that have led to
increased funding and financial assistance for the Calhoun County School System; and
Whereas, State Route 16/46 runs by and adjacent to the Calhoun County Middle and High
Schools, and it is befitting that this road be renamed for Congressman Mollohan to express the great
appreciation and gratitude that the Calhoun County Board of Education has developed, as the result
of the many tangible improvements to school facilities and school employee morale which have
flowed from Congressman Mollohan's efforts to provide funding; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to design, fabricate and place a sign at
each end of State Route 16/46 in Calhoun County, designating this stretch of that road the "Alan B.
Mollohan Road"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this Resolution to
Congressman Alan B. Mollohan.
Mr. Speaker, Mr. Kiss, and Delegates Caputo, Amores, Argento, Barker, Beach, Beane, Boggs, Brown, Browning, Butcher, Campbell, Cann, DeLong, Doyle, Eldridge, Fragale, Hatfield,
Hrutkay, Iaquinta, Kominar, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael,
Miley, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Spencer, Stalnaker, Staton,
Stemple, Stephens, Susman, Swartzmiller, Talbott, Tansill, Rick Thompson, Tucker, Varner,
Webster, H. K. White, Wysong, and Yost offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. R. 18 -- "Calling on the Congress of the United States to reject plans to privatize Social
Security by cutting Social Security's guaranteed benefits and diverting money out of Social Security
into private investment accounts and, further, calling on Congress to commit to repaying to the
Social Security Trust Fund the moneys it has taken and spent for other purposes.
Whereas, Social Security's income protections-guaranteed, lifelong benefits, cost-of-living
adjustments to guard against inflation, increased benefits for families, greater income replacement
for low-income workers, and disability and survivor benefits are the backbone of retirement security
and family protection in the United States; and
Whereas, Social Security provides crucial, often indispensable income protection for the
47 million individuals-one of every six Americans-receiving benefits; and
Whereas, Social Security is the nation's most successful and most important family income
protection program, but it has long-term funding needs we should address; and
Whereas, Some policymakers propose to address these needs by cutting guaranteed benefits
and privatizing Social Security, that is, diverting a third or more of workers' payroll tax contributions
out of the Social Security Trust Fund and into private investment accounts; and
Whereas, Privatization will worsen Social Security's funding needs by draining resources
from the Trust Fund into private accounts, increasing the federal deficit by $2 trillion over the first
decade alone and more in the future and putting us in deeper hock to foreign creditors; and
Whereas, Some officials and members of Congress have suggested the federal government
will not pay back the money it has taken from the Social Security Trust Fund over the past twenty years and used for other things, thereby denying working families the money they paid into Social
Security and leading to further benefit cuts; and
Whereas, Privatizing Social Security will cut guaranteed benefits by thirty percent for young
workers, even for those who do not participate in private accounts, costing them $152,000 over their
retirements, denying them benefits they have earned and imperiling their economic security; and
Whereas, Cutting guaranteed benefits will hurt the elderly because Social Security is the
only secure source of retirement income for most Americans, providing at least half the income of
nearly two thirds of older American households and lifting more than 11 million seniors out of
poverty; and
Whereas, Cutting guaranteed benefits will hurt women and people of color, as they are more
likely than white men to rely on Social Security for most of their retirement income, they earn less
than white men and are thus less able to save for retirement, and they are less likely than white men
to receive job-based pensions in retirement; and
Whereas, Diverting resources from Social Security to fund private accounts will threaten
guaranteed survivor and disability benefits, thus harming working families particularly
African-Americans, as roughly one in five workers dies before retiring and nearly three in ten
become too disabled to work before reaching retirement age; and
Whereas, Privatizing Social Security will burden state and local governments, as cuts in
guaranteed benefits will increase demands for public assistance at the very moment growth in the
federal deficit, due to privatization, induces the federal government to shift greater responsibilities
onto states and localities; and
Whereas, Congress should not rush through drastic and damaging changes in Social
Security that undermine its family income protections but instead, should take the time needed to
develop careful and thoughtful reforms that address Social Security's funding needs without slashing
benefits or exploding the deficit;
therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby calls on the Congress of the United States to: (1) First
commit to paying back to the Social Security Trust Fund all of the money it borrowed and spent on
other things; (2) carefully study a variety of potential changes that will address Social Security's
problems while ensuring the program will continue to meet its purpose of providing income
protection and economic security for America's families; (3) ensure that any changes adopted by
Congress must strengthen Social Security's family income protections without slashing guaranteed
benefits or exploding the deficit; and, (4) reject proposals to divert money out of Social Security to
fund private accounts; and be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the Clerk of the United States House of Representatives, the Clerk of the
United States Senate and to West Virginia's representatives in the Congress of the United States.
Delegate Rick Thompson offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. R. 19 - "Amending House Rule No. 125, relating to House concurrence on Senate
Amendments to House bills."
Resolved by the House of Delegates:
That House Rule No. 125 be amended to read as follows:
Amendments to Senate Bills
125. Any Senate bill or resolution may be amended in the same manner as a House bill or
resolution. If a Senate bill or resolution is amended, the same shall be noted by the Clerk on the
Jacket containing same before it is reported to the Senate.
After the reading of a Senate amendment to a House bill or resolution, the question shall be,
"Will the House concur in the Senate Amendment?" But it shall be in order to move that the House
concur in the Senate amendment with an amendment solely to correct deficiencies of a purely
technical nature, such as misspellings and not in the form of a strike and insert amendment for the entire Senate amendment; or that the House refuse to concur and ask the Senate to recede.
If the Senate shall refuse to concur in a House amendment to a Senate bill or resolution, the
following motions shall be in order and shall be privileged in the order named: First, That the House
recede; Second, That the House insist and ask for a committee of conference; Third, That the House
adhere.
Mr. Speaker, Mr. Kiss, and Delegates Hamilton, Ellem, Brown, Poling, Amores, Anderson,
Argento, Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Browning, Butcher,
Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge,
Ennis, Evans, Ferrell, Fragale, Frederick, Frich, Hall, Hartman, Hatfield, Houston, Howard, Hrutkay,
Hunt, Iaquinta, Kominar, Leach, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin,
Michael, Miley, Moore, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Proudfoot, Roberts,
Romine, Rowan, Schadler, Schoen, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens,
Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, Rick Thompson, Ron Thompson,
Trump, Tucker, Varner, Wakim, Walters, Webster, Wells, Gil White, H. White, Williams, Wysong
and Yost offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. R. 20 - "Urging the members of the United States Congress to take steps to prohibit
companies that file bankruptcy from voiding pension obligations to employees and retirees."
Whereas, A federal agency was created in 1974 to provide timely and uninterrupted
payment of pension benefits; and
Whereas, The Pension Benefit Guaranty Corporation collects insurance premiums from
employers that sponsor insured pension plans; and
Whereas, The Pension Benefit Guaranty Corporation guarantees basic pension benefits
earned by 44.4 million American workers and retirees; and
Whereas, The Pension Benefit Guaranty Corporation had a surplus of 9.7 billion dollars in
2000; and
Whereas, The current bankruptcies in the steel, airline and coal industries have resulted in
millions of workers losing some or all of their pensions; and
Whereas, The Pension Guaranty Corporation now faces a deficit of more than 23 billion
dollars; therefore, be it
Resolved by the House of Delegates:
That the Congress is urged to take steps to stop companies that file bankruptcy from voiding
pension obligations; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
each member of the United States Congress.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Perdue, Spencer, Browning, Hunt, Wells and Hatfield:
H. B. 2765 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-33A-1, §16-33A-2 and §16-33A-3, all relating to creating a
program to increase awareness of colon cancer and to increase participation in colon cancer
screening and diagnostics designed to detect colon cancer; providing for a board working in
collaboration with the Bureau for Public Health to administer a program designed to promote colon
cancer awareness and related topics; providing funding to be used to promote colon cancer
awareness; and, providing a voluntary check-off option for taxpayers to donate some or all of any
tax refund they may be due to the program"; to the Committee on the Judiciary.
By Delegates Webster, Perdue, Williams, Wysong, Schoen, Carmichael and Susman:
H. B. 2766 - "A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as
amended, relating to the expansion of newborn testing to include sickle cell anemia"; to the
Committee on Health and Human Resources then Finance.
By Delegates Schoen, Boggs and Blair:
H. B. 2767 - "A Bill to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931,
as amended, relating to prohibiting abortions at state college or university medical facilities, except
when the abortion is necessary to save the life of the woman receiving the abortion"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Eldridge, Beane, Barker, Webster, Hrutkay, Pino and Hall:
H. B. 2768 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-42-1, §16-42-2 and §16-42-3, all relating to establishing a
system whereby pharmacies share information so that they may be alerted when an individual is
attempting to go to multiple pharmacies with prescriptions from multiple doctors to obtain drugs for
resale"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hunt and Louisos:
H. B. 2769 - "A Bill to amend and reenact §38-9-3 of the Code of West Virginia, 1931, as
amended, relating to homestead exemptions; clarifying provisions establishing a limited exemption
from attachment for debts for hospital or medical expenses incurred from a catastrophic illness or
injury; providing technical revisions; increasing the exemption; removing requirement for the
promulgation of legislative rules; and providing for liberal construction in favor of debtors"; to the
Committee on the Judiciary.
By Delegates Hunt, Louisos and Wells:
H. B. 2770 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-11-18a, relating to enhancement of penalties for crimes against
the elderly"; to the Committee on the Judiciary.
By Delegates Caputo, Manchin and Longstreth:
H. B. 2771 - "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931,
as amended, relating to increasing the fine for a first offense misdemeanor conviction of illegally
parking in an accessible parking space"; to the Committee on Roads and Transportation then the
Judiciary.
By Delegate Hunt:
H. B. 2772 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §39A-2-10a, relating to requiring commercial entities who
maintain databases containing resident individuals' personal information, to notify a resident
individual, in writing, whenever the individual's personal information has been compromised by
unauthorized disclosure; and defining personal information"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 2773 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §55-2-18a, relating to providing that the applicable statute of
limitations is tolled as to all potential third-party defendants after an initial tortfeasor is sued "; to
the Committee on the Judiciary.
By Delegates Craig, Stephens, Morgan, Amores and Leach:
H. B. 2774 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5,
§17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9, §17C-5C-10, §17C-5C-11, §17C-5C-12,
§17C-5C-13, §17C-5C-14, §17C-5C-15, §17C-5C-16, §17C-5C-17, §17C-5C-18 and §17C-5C-19,
all relating to creating one or more pilot programs establishing a court referral officer program to
promote the screening, evaluation, education, treatment and rehabilitation of persons who are repeat
offenders or serious offenders under provisions relating to driving under the influence of alcohol,
controlled substances or drugs"; to the Committee on the Judiciary.
By Delegates Amores and Craig:
H. B. 2775 - "A Bill to amend and reenact §56-6-31 of the Code of West Virginia, 1931, as
amended, relating to the rate of interest allowed for prejudgment and post-judgment interest"; to the
Committee on the Judiciary.
By Delegates Trump, Schoen, Lane, Carmichael, Doyle, Hall and Stalnaker:
H. B. 2776 - "A Bill to amend and reenact §3-1-16 of the code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11 and §3-4A-11a of said code; to amend said code by adding
thereto a new section, designated §3-5-6a; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of
said code; and to amend said code by adding thereto a new section, designated §3-6-2a, all relating
to the nonpartisan election of justices of the Supreme Court of Appeals; timing and frequency of
election; ballot design and printing; separation from partisan ballot; nonpartisan election of justices;
filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid
filing fees; and ballot content and form"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Boggs:
H. B. 2777 - "A Bill to amend and reenact §18B-13-4 of the code of West Virginia, 1931,
as amended, relating to technical changes concerning the High-Tech research zones, parks and
technology centers and tax incentives relating thereto"; to the Committee on Industry and Labor,
Economic Development and Small Business then Finance.
By Delegates Paxton, Schoen, Hall and Martin:
H. B. 2778 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931,
as amended, relating to providing a mandatory sentence of fifteen years for any person who
maliciously shoots a police officer on duty; and providing a mandatory sentence of ten years for any
person who unlawfully, but not maliciously, shoots a police officer on duty"; to the Committee on
the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 2779 - "A Bill to amend and reenact §12-4-14 of the Code of West Virginia, 1931, as
amended, relating to persons who receive state funds or grants; and requiring audits of the funds or
grants"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Rick Thompson, Ellem, Hamilton, Walters, Campbell and Tabb:
H. B. 2780 - "A Bill to amend and reenact §29-22A-10 of the Code of West Virginia, 1931,
as amended, relating to increasing the allocation of racetrack video lottery net terminal income to
be used for payment into the pension plan for employees of the Licensed Racing Association"; to the Committee on the Judiciary then Finance.
By Delegates Wysong, Tansill, Tabb and Doyle:
H. B. 2781 - "A Bill to amend and reenact §8-6-1, §8-6-4 and §8-6-5 of the Code of West
Virginia, 1931, as amended, all relating to annexation of unincorporated territory; establishing a
minimum of one hundred fifty feet of contiguity for annexation by minor boundary adjustment;
requiring a minimum of forty persons to petition for annexation without election; and allowing any
freeholder who owns twenty-five acres or more to opt out of any annexation"; to the Committee on
Political Subdivisions then the Judiciary.
By Delegates Beach, Perry, Marshall and Houston:
H. B. 2782 - "A Bill to amend and reenact §8-21-3 of the Code of West Virginia, 1931, as
amended, relating to municipalities generally; and increasing the number of members a municipality
may appoint to a board of park and recreation commission from not less than three to not more than
seven"; to the Committee on Political Subdivisions then Government Organization.
By Mr. Speaker, Mr. Kiss:
H. B. 2783 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-10B-10, relating to vocational rehabilitation facilities;
authorizing rental of vocational rehabilitation facilities by school groups or other youth or civic
organizations; and providing that rental revenue be used to defray the cost, maintenance and
replacement of recreational equipment and facilities"; to the Committee on Education then Finance.
By Delegates Perry, Pino, Williams, Cann and Poling:
H. B. 2784 - "
A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931,
as amended, relating to allowing comparable credit at trade or vocational schools approved by the
State Board to count towards service personnel pay rates"; to the Committee on Education then
Finance.
By Delegates Armstead, Lane and Blair:
H. B. 2785 - "A Bill to amend and reenact §17-3-6 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Highways to grant priority to roadway construction,
reconstruction and maintenance for roadways prone to recurring floods that hinder ingress and egress
to and from residential areas, schools and downtown districts, and that hinder access by emergency
response vehicles"; to the Committee on Roads and Transportation then Finance.
By Delegates Marshall, Schadler, Houston and Beach:
H. B. 2786 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §64-6-3, relating to amending the Fire Commission rule adopting
the State Fire Code; and limiting the exemption given to buildings used wholly as dwelling houses
for no more than two families to those buildings only when owner-occupied"; to the Committee on
Government Organization then the Judiciary.
By Delegates Ron Thompson, H. White, Perry, Hrutkay, Carmichael and Canterbury:
H. B. 2787 - "A Bill to repeal §31A-2-11 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §31C-1-7 of said code, all relating to reports of financial institutions to the
Division of Banking; removing the annual deposit and loan reporting requirement for banking
institutions; and modifying the annual deposit and loan reporting requirement and its submission date
for credit unions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Armstead and Lane:
H. B. 2788 - "A Bill to amend and reenact §29-22-18a of the Code of West Virginia, 1931,
as amended, relating to directing any unallocated funds from the sale of bonds to be distributed
equally between the Economic Development Project Bridge Loan Fund, the West Virginia
Infrastructure Fund for water and sewer improvements, and the Disaster Recovery Fund for
providing grants to businesses damaged or destroyed by floods; and to authorize the economic
development authority to create, maintain and appropriate, subject to legislative approval, funds from
this special grant fund, known as the 'Disaster Recovery Fund'"; to the Committee on Finance.
By Delegates Ron Thompson, H. White, Perry, Hrutkay, Iaquinta, Carmichael and
Canterbury:
H. B. 2789 - "A Bill to amend and reenact §31A-8A-8 of the Code of West Virginia, 1931,
as amended, relating to the assessment date for bank holding companies"; to the Committee on
Banking and Insurance then the Judiciary.
By Delegates DeLong, Amores and Michael:
H. B. 2790 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §55-7-23, relating to liability of physicians who render services
to youth camps and programs; limiting liability; and providing exceptions"; to the Committee on the
Judiciary.
By Delegates Beach, Stemple, Williams and Tabb:
H. B. 2791 - "A Bill to amend and reenact §61-3B-1 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §61-3B-6, all
relating to trespass generally; providing for use of blaze orange paint posting marker; and providing
a penalty for illegal posting of the land of another person"; to the Committee on the Judiciary.
By Delegates Overington, Trump, Lane, Sumner, Hamilton, Hall and Blair:
H. B. 2792 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §1-2-2a, relating to requiring that the redistricting office of the
Joint Committee on Government and Finance plan and propose congressional and legislative
districts; providing specific criteria that the redistricting office must observe in proposing district
mappings; requiring the redistricting office to advertise a proposed draft map of districts to the
public; requiring the redistricting office to recommend redistricting plan to the Legislature; requiring
the full Legislature to vote on plan ratification; providing for subsequent submissions of plans and
vote by Legislature; requiring that commission certify to the Secretary of State that its final proposal
for district boundaries is in accordance with constitutional and legal requirements; and prohibiting
certain persons from influencing or attempting to influence district mapping proposals of the
redistricting office"; to the Committee on the Judiciary.
By Delegates Ron Thompson and Perry:
H. B. 2793 - "A Bill to amend and reenact §31C-4-1 of the Code of West Virginia, 1931,
as amended, relating to adding certain stated geographical areas as one of the several groups to which
members must belong"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Longstreth, Caputo and Manchin:
H. B. 2794 - "A Bill to amend and reenact §21-5C-2 of the Code of West Virginia, 1931,
as amended, relating to raising the minimum wage; and to provide that if the federal minimum wage
rate increases, then state minimum wage rate shall increase to equal the federal minimum wage rate";
to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Perry, Pino, Beach, Wells and Williams:
H. B. 2795 - "A Bill to amend and reenact §18B-1B-6 of the Code of West Virginia, 1931,
as amended; to amend and reenact §18B-2-9 of said code; and to amend and reenact §18B-2A-1 of
said code, all relating generally to the consolidation of administrative, information, technological,
financial and operating systems and functions of West Virginia University Institute of Technology
with and into such systems and functions of West Virginia University; providing that the President
of West Virginia University Institute of Technology shall report to the President of West Virginia
University, or otherwise as the board of governors of West Virginia University directs; authorizing
the board of governors of West Virginia University to combine and consolidate the administrative,
information, technological, financial and operating systems and functions of West Virginia
University Institute of Technology with and into such systems and functions of West Virginia
University; providing that the auxiliary enterprises of West Virginia University Institute of
Technology shall be incorporated into the West Virginia University Auxiliary Enterprise System;
and providing that two members of the board of advisers for West Virginia University Institute of
Technology be placed on the board of governors at West Virginia University"; to the Committee on
Education then Finance.
By Delegates Susman, Mahan, Poling, Pino, Staton, Manchin and Hrutkay:
H. B. 2796 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8A-4-2a, relating to controlling post-construction storm water
runoff from subdivisions and developments"; to the Committee on Political Subdivisions then the
Judiciary.
By Delegates Perry, Staton, Stemple, Varner and Martin:
H. B. 2797 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated section §5-5-2a relating to retention salary increases for Division
of Corrections and Division of Juvenile Services employees based on years of service"; to the
Committee on Finance.
By Delegates Boggs, Craig, Browning, Amores, Varner, Cann and Ashley:
H. B. 2798 - "A Bill to amend and reenact §61-3-49 of the code of West Virginia, 1931, as
amended, relating to establishing the crime of purchasing scrap railroad steel without making a
record of such purchase; and setting forth a penalty"; to the Committee on the Judiciary.
By Delegates Amores, Webster and Howard:
H. B. 2799 - "A Bill to amend and reenact §11-16-18 of the code of West Virginia, 1931, as
amended; to amend and reenact §17C-5-2; to amend said code by adding thereto a new section,
designated §60-2-23; to amend and reenact §60-3-22; to amend and reenact §60-3A-25; to amend
and reenact §60-7-12; and to amend and reenact §60-8-20 of said code, all relating to the issuance
of orders of interdiction prohibiting the sale of alcoholic liquors, non-intoxicating beer and wine to
persons convicted of driving under the influence of alcohol, controlled substances or drugs;
procedure for the issuance of orders of interdiction; unlawful violations of orders of interdiction; and
defenses"; to the Committee on the Judiciary.
By Delegates Trump, Blair, Duke, Roberts, Overington, Doyle and Wysong:
H. B. 2800 - "A Bill to amend and reenact §18-9A-12 of the code of West Virginia, 1931,
as amended; and to amend said code, by adding thereto a new section, designated §18-9A-12a, all
relating to providing a procedure for projecting student enrollment in growth counties"; to the
Committee on Education then Judiciary.
By Delegates Tabb, Paxton, Wysong, Williams, Doyle, Campbell and Michael:
H. B. 2801 - "A Bill to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §18-9A-2, §18-9A-7, §18-9A-9, §18-9A-10, §18-9A-12 and
§18-9A-15 of said code, all relating to removing the delay in school aid formula funding for
increased student enrollment; providing the use of projected net and adjusted enrollments for State
aid calculations when the projections are greater than the second month of the prior year data;
defining terms; aligning other affected code provisions; updating provisions and removing obsolete
language; changing calculation of reimbursement for replacement of buses with certain mileage; and
advancing date for certain report by Tax Commissioner"; to the Committee on Education then
Finance.
By Delegate Boggs:
H. B. 2802 - "A Bill to amend and reenact §8-11-5 of the Code of West Virginia, 1931, as
amended; to amend and reenact §17E-1-2, §17E-1-3; §17E-1-5, §17E-1-6, §17E-1-7, §17E-1-8,
§17E-1-9, §17E-1-10, §17E-1-11, §17E-1-12, §17E-1-13, §17E-1-14, §17E-1-15, §17E-1-16, §17E-
1-17, §17E-1-23 and §17E-1-24 of said code, all relating to updating provisions pertaining to
commercial driver's licenses to conform with federal law"; to the Committee on Roads and
Transportation then the Judiciary.
By Delegates Williams, Caputo, Stephens and Paxton:
H. B. 2803 - "A Bill to amend and reenact §18A-2-9 of the Code of West Virginia, 1931,
as amended, relating to the hiring of assistant principals and the minimum employment terms for
principals, assistant principals and secretaries"; to the Committee on Education then Finance.
By Delegates Susman, Leach, Campbell, Michael, Boggs, Mahan and Hatfield:
H. B. 2804 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as
amended, relating to requiring county boards of education to employ one school nurse for every one
thousand five hundred pupils based upon net enrollment in all grades"; to the Committee on
Education then Finance.
By Delegates Caputo, Paxton, Perry, Stephens, Fragale and Poling:
H. B. 2805 - "A Bill to amend and reenact §18A-4-8g of the Code of West Virginia, 1931,
as amended, relating to substitute service personnel seniority"; to the Committee on Education then
Finance.
By Delegates Caputo, Poling and Paxton:
H. B. 2806 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931,
as amended, relating to providing for increased compensation for aides and paraprofessionals with
large numbers of pupils in kindergarten and grades one through six"; to the Committee on Education
then Finance.
By Delegates Hatfield and Doyle:
H. B. 2807 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-5-26, relating to prohibiting pharmacists and other persons
involved in dispensing medicines from refusing to fill prescriptions; creating exceptions; providing
for complaints to be filed with the Board of Pharmacy; providing for an administrative fine; and
providing for a civil cause of action"; to the Committee on Health and Human Resources then the
Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Ron Thompson, Susman, Mahan and
Sumner:
H. B. 2808 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as
amended, relating to adding a magistrate to those serving Raleigh County"; to the Committee on the
Judiciary then Finance.
By Delegates Hatfield, Perdue, Tucker, Caputo, Boggs and Duke:
H. B. 2809 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-3-56a, relating to purchasing; and prohibiting certain public
works contracts unless the vendor can demonstrate that it offers health insurance coverage to its
employees and pays at least seventy-five percent of the cost therefor"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Hatfield, Brown, Webster, Perdue, Hrutkay and Browning:
H. B. 2810 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §3-8A-1, §3-8A-2, §3-8A-3, §3-8A-4 and §3-8A-5, all relating to
disclosure requirements for political campaign advertisements; and providing criminal and civil
penalties"; to the Committee on the Judiciary.
By Delegate Duke:
H. B. 2811 - "A Bill to amend and reenact §7-18-2 and §7-18-9 of the code of West Virginia,
1931, as amended, all relating to authorizing counties and municipalities to increase the hotel
occupancy tax from three percent to an amount up to six percent"; to the Committee on Political
Subdivisions then Finance.
By Delegates Williams and Stevens:
H. B. 2812 - "A Bill to extend the time for the Board of Education of Preston County to meet
as a levying body for the purpose of presenting the voters an election to enact a special levy to
provide school funding"; to the Committee on Political Subdivisions then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2813 - "A Bill to amend and reenact §24-2-11 of the Code of West Virginia, 1931, as
amended, relating to requirements for certificate of public convenience and necessity; and removing
the prohibition on applying for and obtaining franchises, licenses or permits prior to obtaining a
certificate of public convenience and necessity from the Public Service Commission"; to the
Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2814 - "A Bill to amend and reenact §31A-3-2 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §31A-8C-1, §31A-8C-2, §31A-8C-3 and §31A-8C-5 of said code, all relating generally to financially-related activities of State-chartered Banking Institutions;
reorganizing the approval process for engaging in financially-related activities; clarifying the
definition of financially-related activities; creating a notice and approval process to engage in
financially-related activities; allowing banks to make equity investments in entities providing
financially-related activities on the same terms as national banks; and restating the purpose and
interpretation of the article"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2815 - "A Bill to amend and reenact §17C-15-46 of the Code of West Virginia, 1931,
as amended, relating to child passenger safety and booster seats"; to the Committee on Roads and
Transportation then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2816 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5-1E-1, §5-1E-2, §5-1E-3, §5-1E-4 and §5-1E-5; and to amend
and reenact §18-2-6a and §18-2-7a of said code, all relating to promoting healthy lifestyles; creating
a Healthy Lifestyles Office in the Department of Education and the Arts; establishing the functions
of the Office; creating a special revenue account; establishing a voluntary menu labeling program;
requiring physical activity in the schools; and encouraging the use of health foods and beverages in
the vending machines of schools"; to the Committee on Health and Human Resources then Finance.
By Delegate Hunt:
H. B. 2817 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §61-13-1, §61-13-2, §61-13-3, §61-13-4, §61-13-5, §61-13-6,
§61-13-7, §61-13-8, §61-13-9, §61-13-10 and §61-13-11, all relating to enacting the Elder and
Mental Retardation Offense Registration Act; requiring registration of persons convicted of criminal
offenses against persons sixty-five years of age or older and mentally retarded persons; requiring information on change of address; duration of registration requirement; providing for the distribution
of registration information; imposing duties regarding registration on institutional officials;
providing for information disclosure when registrant moves out-of-state; providing penalty for failure
to register or provide change of address; providing for registration of out-of-state offenders; and
providing for annual address verification"; to the Committee on the Judiciary.
By Delegates Argento and Stemple:
H. B. 2818 - "A Bill to amend and reenact §38-12-1 and §38-12-8 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§38-12-14, all relating to requiring lien holders to notify the sheriff's office via written instrument
and to record a release in the county clerk's office within sixty days after the lien has been satisfied;
requiring that the lien be removed from record upon satisfaction; and providing penalties for failure
to notify the sheriff and county clerk of satisfaction"; to the Committee on the Judiciary.
By Delegates Frich, Sobonya and Howard:
H. B. 2819 - "A Bill to amend and reenact §18B-1A-4 of the Code of West Virginia, 1931,
as amended, relating to changing the phrase '[i]t is, therefore, the desire of the Legislature' to '[i]t
is, therefore the intent of the Legislature' in said section"; to the Committee on Education.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2820 - "A Bill to amend and reenact §33-2-16 and §33-2-17 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-11-
4a; to amend and reenact §33-11-6 of said code; and to amend and reenact §33-20-4 of said code,
all relating generally to the regulation of insurance; providing that the director of consumer advocacy
shall be appointed by the Governor; expanding the authority of the Office of Consumer Advocacy;
eliminating a cause of action for unfair claims settlement practices by third parties; establishing
procedures for the filing, investigation, and processing of administrative complaints by third-party
claimants; providing for penalties for engaging in unfair claims settlement practices; and establishing that certain insurers shall submit rate filings biannually"; to the Committee on Banking and
Insurance then Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2821 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto nine new sections, designated §7-23-1, §7-23-2, §7-23-3, §7-23-4, §7-23-5, §7-23-6, §7-23-7,
§7-23-8 and §7-23-9, all relating generally to establishing a pilot program that allows certain
counties and municipalities certain additional taxing authority and provides all counties,
municipalities and county boards of education a pilot waiver program pursuant to which allowable
relief may be obtained from certain policies, rules, regulations and statutory provisions; and
providing for pilot program to end on specified date"; to the Committee on Political Subdivisions
then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 2822 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-12-9b, relating generally to joint development entities;
providing that municipalities, county development authorities or municipal development authorities,
or both, may organize and jointly own joint development entities for the purpose of developing and
owning local economic development projects; describing the powers, duties and authority of joint
development entities; and providing that joint development entities, as political subdivisions of the
State of West Virginia, are exempt from all state and local taxation"; to the Committee on Political
Subdivisions then Finance.
Consent Calendar
Third Reading
H. B. 2186, Restricting involuntary commitment for addicted persons to those who, as a
result of such addiction, are likely to cause serious harm to themselves or others; on third reading, coming up in regular order, was read a third time.
Com. Sub. for H. B. 2189, Authorizing law-enforcement officers to deputize police in other
states; on third reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Staton and by unanimous consent, the bill then was returned to
second reading.
H. B. 2329, Authorizing a court to order a defendant to contribute monetarily or through
hours of service to a local crime victim's assistance program; on third reading, coming up in regular
order, was reported by the Clerk.
At the request of Delegate Staton and by unanimous consent, the bill was then returned to
second reading.
Com. Sub. for H. B. 2417, Relating to compressed gas container safe transport; on third
reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of Com Sub. for H.
B. 2417 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
or pecuniary interest therein.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
On the passage of H. B. 2186 and Com. Sub. for H. B. 2417, the yeas and nays were taken
(Roll No. 55), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not
voting being as follows:
Absent and Not Voting: Azinger, Ferrell, Fragale, Kominar, Mahan, Schadler, Stemple
and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2186 and Com Sub. for H. B. 2417) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on Consent Calendar bills and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2592, Relating to the design-build procurement act,
H. B. 2634, Making changes to the West Virginia Commission for the Deaf and Hard of
Hearing,
H. B. 2666, Continuation of the Department of Health and Human Resources,
And,
H. B. 2667, Continuation of the West Virginia Commission for the Deaf and Hard of
Hearing,
The following two bills were each read a second time:
Com. Sub. for H. B. 2189, Authorizing law-enforcement officers to deputize police in other
states,
And,
H. B. 2329, Authorizing a court to order a defendant to contribute monetarily or through
hours of service to a local crime victim's assistance program.
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:
Com. Sub. for H. B. 2189, on second reading, Consent Calendar, to the House Calendar,
by Delegate Trump,
And,
H. B. 2329, on second reading, Consent Calendar, to the House Calendar, by Delegate
Trump.
In the absence of objection, the Speaker advanced the foregoing bills to third reading, House
Calendar.
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 H. B. 2174, Developing a procedure to notify licensed professionals who are
mandated to report child abuse and neglect of the disposition of the investigation into the report,
Com. Sub. for H. B. 2456, Ratifying the federal National Crime Prevention and Privacy
Compact,
And,
H. B. 2478, Relating to removing the prohibition against brewers of nonintoxicating beer
requiring distributors to submit certain financial documents.
House Calendar
Third Reading
Com. Sub. for H. B. 2106, Imposing a lien and recovery for unpaid child support on the
proceeds due a child support debtor from a settlement, judgment or award; on third reading, coming
up in regular order, was, on motion of Delegate Staton, laid over one day.
Second Reading
Com. Sub. for H. B. 2477, Relating to exemptions from execution or other judicial process
in consumer credit transaction or consumer leases; on second reading, coming up in regular order,
was read a second time.
On motion of Delegate Amores, the bill was amended on page six, section one hundred
thirty-six, line forty, following the words "his or her spouse", by inserting the words "or by or on
behalf of a dependent of the consumer" followed by a comma.
And,
On page six, section one hundred thirty-six, line forty-six, by striking the words "sections one and" and inserting in lieu thereof the word "section".
On motion of Delegate Trump, the enacting section was amended to read as follows:
"That §38-8-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that §46A-2-136 be amended and reenacted, to read as follows" followed by a colon.
The bill was then ordered to engrossment and third reading.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Azinger, Ferrell, Fragale, Kominar, Mahan, Schadler, Stemple and Walters.
Miscellaneous Business
Delegate Iaquinta announced that he was absent on yesterday when the vote was taken on
Roll No. 53, and that had he been present, he would have voted "Yea" thereon.
At 11:36 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Wednesday, March 2, 2005.