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Friday, March 11, 2005



The House of Delegates met at 10:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, March 10, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 5, Naming the bridge on Cleveland Avenue in Buckhannon, West Virginia, the "William S. O' Brien Memorial Bridge",
H. C. R. 14, Requesting the Division of Highways to name the bridge spanning the Gauley River on Route 39 near Summersville, Nicholas County, the "Brock's Bridge",
And,
H. C. R. 40, Naming the new bridge spanning the Elk River in Clendenin, West Virginia, the "Hardman Brothers Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2171, Increasing the penalties for issuing worthless checks,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2171) was referred to the Committee on the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2686, Insurance Commissioner, Cancellation and Nonrenewal of Automobile Liability Policies,
H. B. 2687, Insurance Commissioner, Examiners and Examinations,
H. B. 2688, Insurance Commissioner, Surplus Lines Insurance,
H. B. 2689, Insurance Commissioner, Continuing Education for Individual Insurance Producers,
H. B. 2690, Insurance Commissioner, Valuation of Life Insurance Policies,
H. B. 2737, Insurance Commissioner, Insurance Fraud Prevention,
And,
H. B. 2738, Insurance Commissioner, Small Employer Eligibility Requirements,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2686, H. B. 2687, H. B. 2688, H. B. 2689, H. B. 2690, H. B. 2737 and H. B. 2738) were referred to the Committee on the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2691, Insurance Commissioner, Recognition of the 2001, CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2691) was referred to the Committee on the Judiciary.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2365, Prohibiting individual county board of education members from acting on behalf of the board in the individual capacity unless authorized by the state.
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2365) was referred to the Committee on the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Michael, Doyle, Leach, Boggs, Kominar, Varner, Cann, Palumbo, Williams, Hall and Ashley:

H. B. 3001 - "A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated surplus balance in the state fund, general revenue, to the governor's office, fund 0101, fiscal year 2005, organization 0100, and the department of administration - office of the secretary, fund 0186, fiscal year 2005, organization 0201, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five."
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2814, Relating to financially-related activities of State-charted Banking Institutions,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
At the request of Delegate Staton, and by unanimous consent, reference of the bill (H. B. 2814) to a committee was dispensed with.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 146, Establishing Unborn Victims of Violence Act,
And reports the same back with the recommendation that it do pass.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
H. B. 2799, Permitting courts to issue orders of interdiction prohibiting the sale of alcoholic liquors, non-intoxicating beer and wine, controlled substances or drugs,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2799 -- "A Bill to amend and reenact §11-16-18 of the code of West Virginia, 1931, as amended; to amend and reenact §17C-5-2; to amend and reenact §60-3-22; to amend and reenact §60-3A-25; to amend and reenact §60-6-9; to amend and reenact §60-7-12; and to amend and reenact §60-8-20 of said code, all relating to the issuance of orders of interdiction prohibiting the purchase of alcoholic liquors, non-intoxicating beer and wine by persons convicted of alcohol related offenses; issuance of interdiction orders for a conviction of driving under the influence of alcohol or, controlled substances or drugs; issuance of interdiction orders for a conviction of appearing in a public place in an intoxicated condition; procedure for the issuance of orders of interdiction; and unlawful sale to persons who are known to be the subject of orders of interdiction,"

With the recommendation that the committee substitute do pass.
Resolutions Introduced

Delegates Overington, Blair, Doyle, Duke, Roberts, Trump, Wysong and Tabb offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 43 - "Requesting the State of West Virginia and the United States Federal Government to fully recognize that the counties of Berkeley and Jefferson in the State of West Virginia are part of the beautiful and historic Shenandoah Valley."
Whereas, The State of West Virginia was part of the State of Virginia until June 20th, 1863 and the counties of Berkeley and Jefferson were not officially added into the new State until 1872 upon the ruling of the United States Supreme Court. This ruling split the Shenandoah Valley into two sections, with the two counties just mentioned being now part of West Virginia and part of a political arm called the "Eastern Panhandle"; and
Whereas, The geographical landscape of the Shenandoah Valley is as follows: Beginning at the Potomac River that forms the northern boundary along Berkeley and Jefferson Counties and continuing southwestward to the southern boundary near the city of Roanoke, Virginia. The valley is flanked to the east by the Blue Ridge Mountains (in eastern Jefferson County, West Virginia) and to the west by the Allegheny Mountains (in western Berkeley County, West Virginia). The Shenandoah River flows northward and empties into the Potomac River at Harper's Ferry, West Virginia. To break down the valley into two parts: The Upper Shenandoah Valley is located southward because of a high elevation and the Lower Shenandoah Valley is located northward because of a low elevation; and
Whereas, The historical landscape of Berkeley and Jefferson Counties is a storybook land full of famous patriots and people, wars and great events that made it into the history books. Both counties are rich in legend and lore. This is where the Great Wagon Road (later called the Valley Turnpike) provided travel for Indians, the earliest pioneers and Revolutionary and Civil War soldiers. The entire valley was known as the "Breadbasket of the Confederacy" because of its richness in fertile soils that sustains life for farms and orchards. The following is a brief look at the history of the counties of Berkeley and Jefferson: From George Washington and Thomas Jefferson to Morgan Morgan, from Revolutionary War Generals William Darke, Horatio Gates, Charles Lee, Daniel Morgan and General Adam Stephen to the famous Bee Line March and the oldest continuous 1735 United States Military Unit still in existence; and
Whereas, From the birthplace of United States President Andrew Jackson and the marriage of United States President James and Dolly Madison to Davy Crockett who worked on a local farm to James Rumsey, inventor of the steamboat. From John Brown and Robert E. Lee, "Stonewall" Jackson and J. E. B. Stuart, Turner Ashby and the Gray Ghost and Confederate Spy, Belle Boyd to the Battle of Falling Waters-the first engagement in the Shenandoah Valley and first cavalry action of the Civil War -- From the 1862 Battle of Harpers Ferry, to the Jackson Valley Campaign, to Philip Sheridan's successful Union Valley Campaign -- From David Hunter and David Hunter Strother (Pen name "Porte Crayon") To Martin Robinson Delaney, the highest ranking black officer in the Civil War -- From the B. & O. Roundhouses (landmarks in 20th century industrial architecture that replaced buildings destroyed in a famous Civil War raid by Jackson) to the first Rural Free Delivery in America (begun by United States Postmaster General William L. Wilson, a son of Jefferson County) and Washington Family Homes to the birth of Harry Flood Byrd, Senator and Governor of Virginia and from baseball player, Hack Wilson and WWI Secretary of the War, Newton D. Baker to the Legend of Wizard Clip and to famous western artist William Robinson Leigh, a Berkeley County Native. From the city of Martinsburg, "Northern Gateway to the Shenandoah Valley" and at one time known as "Queen City" to the famous Apple Pie Ridge and the first Apple Carnival Event held in 1909" -- From Apple Blossom to Apple Harvest......This is the "Cradle of America"; therefore, be it
Resolved by the Legislature of West Virginia:
That in 1996, the United States Congress established the "Shenandoah Valley Battlefields National Historic District and Commission" and Berkeley and Jefferson Counties, West Virginia were not included to be a part of the program or to obtain any funds; and, be it
Further Resolved, That Berkeley and Jefferson Counties, West Virginia should be eligible to become part of the "Shenandoah Valley Battlefields National Historic District and Commission" and be eligible for any other federal programs that are available for the Shenandoah Valley; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this Resolution to the President of the United States and to West Virginia's Delegation in Congress and the Governor of West Virginia and to the Mayors and City Councils of Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Shepherdstown and to the County Commissioners of Berkeley and Jefferson Counties, West Virginia.
Mr. Speaker, Mr. Kiss, and Delegates Border, Beane, Browning, Hall, Carmichael , Mahan, Varner, Palumbo, Perdue, Doyle and Trump offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 44 - "Requesting that the Joint Committee on Government and Finance study alternatives to out-of-state placement of children committed to the care of the State of West Virginia."
Whereas, The children placed in the care of the State of West Virginia are an important responsibility of state government; and
Whereas, The treatment, care, rehabilitation and education of such children should be delivered in a clinically successful and cost-effective manner; and
Whereas, Hundreds of children in the care of the State of West Virginia are placed in out- of-state institutions and programs that often prove costly; and
Whereas, The current annual cost of out-of-state placement is in excess of twenty million dollars; and
Whereas, The out-of-state placements are frequently a considerable distance from the families, friends, neighbors and communities of the children; and
Whereas, The Legislature has passed numerous acts attempting to reduce the practice of placing children in out-of-state facilities or institutions and to reduce the cost of such placements, but said acts have not had the intended effect; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the current practices of out-of-state child placement and determine alternatives to such placement and the feasibility of returning those children to the care of the State of West Virginia programs; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to study the current statutes, rules or regulations regarding the placement of children and determine whether they are effective, being properly followed or enforced or if they incorporate the most beneficial strategies, methods and services to serve the children placed in the care of the State, and to compare current practices in this State with successful models in other jurisdictions; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to determine whether current programs in West Virginia place sufficient emphasis on bringing children in the care of the State to permanency by returning them to their custodial families or achieving adoptions; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to also study programs and methodologies designed to reduce the length of stays in child placement programs and achieve definable benchmarks of progress that lead more rapidly to permanent placements; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to determine whether the total amount of state dollars spent on services for children in the care of the State could be spent more effectively and efficiently; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the next regular session of the Legislature, and, be it
Further Resolved, That the expenses necessary to carry out its duties, to prepare a report and to draft necessary legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.

Delegates Staton and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 45 - "Honoring the late Leonard R. Valentine by declaring the bridge numbered 54 - 1.60 on State Route 54 in Mullens, West Virginia the "Leonard Valentine 'Coach Val' Memorial Bridge".
Whereas, Coach Val was the first African-American Coach in the State of West Virginia to win state championships in two different sports. Football in 1951 and Basketball in 1963 for Conley High School, the Blue Devils, an all black school; and
Whereas, Coach Val, was featured in Jet Magazine for being the first African-American Coach to win a Boys State Basketball Championship in the State of West Virginia with an all black team; and
Whereas, Coach Val served as the assistant coach to Don Nuckols in both the 1970 and 1972 West Virginia Boys State Basketball Championships; and
Whereas, Coach Val was a graduate and All-American in Football as a tight end for Bluefield State College; and
Whereas, Coach Val became a life member of the Kappa Alpha Psi Fraternity, Inc. and later the Founding Father of the Beckley Alumni Chapter of Kappa Alpha Psi; and
Whereas, Coach Val did community service for the City of Mullens, West Virginia by ensuring that all community playgrounds for the youth were operational and functioning for the kids during summer, after school had ended for the year; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to designate and name the bridge numbered 54 - 1.60 on State Route 54 in Mullens, West Virginia the "Leonard Valentine 'Coach Val' Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Leonard Valentine 'Coach Val' Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, the family of Leonard R. Valentine and the City of Mullens.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate DeLong:
H. B.2987 -
"A Bill to amend and reenact §30-10-9 of the code of West Virginia, 1931, as amended, relating to the licensing of veterinarians; the issuance of temporary permits to certain otherwise qualified applicants; and allowing for the issuance of a temporary permit to otherwise qualified graduates of foreign veterinary schools who are waiting to take clinical proficiency examination, as long as their activities are under the direct supervision and control of a licensed veterinarian"; to the Committee on Government Organization.
By Delegate DeLong:
H. B.2988 - "A Bill to amend and reenact §30-10-6 of the code of West Virginia, 1931, as amended, relating to the licensing of veterinarians; the qualification of applicants for license; requirements and certifications to be held by graduates of foreign veterinary colleges as a condition of application"; to the Committee on Government Organization.
By Delegates Boggs and Miley:
H. B. 2989 - "A Bill to amend and reenact §17A-3-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-9-5 and §17A-9-7 of said code, all relating to the authority of the Division of Motor Vehicles to refuse to register and to suspend or revoke motor vehicle registrations of motor carriers whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Tabb, Pino, Varner, Stemple and Beach:
H. B. 2990 -
"A Bill to amend and reenact §20-1-17 of the Code of West Virginia, 1931, as amended, relating to permitting the Director of the Division of Natural Resources to set the time and date of the meeting for the convenience of the public"; to the Committee on Government Organization.
By Delegates Perry, Leach, Miley, Pino, Roberts and Michael:
H. B. 2991 - "A Bill to amend and reenact §61-5-8 of the Code of West Virginia, 1931, as amended, relating to adults and juveniles in custody or confinement; providing criminal penalties for aiding escape; specifying items that are unlawful to deliver to or be possessed by individuals in custody or confinement; providing criminal penalties for possession of certain items by adults or juveniles in custody or confinement in a jail, state correctional facility, juvenile facility or juvenile detention center; providing criminal penalties for transporting certain items onto the grounds of a jail, state correctional facility, juvenile facility or juvenile detention center; and providing definitions"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Pino, Stalnaker, Amores, Poling, Varner, Stemple and Beach:

H. B. 2992 - "A Bill to amend and reenact §61-3E-10 of the Code of West Virginia, 1931, as amended, relating to adding operations of clandestine drug labs to the crime of wanton endangerment involving destructive devices, explosive materials, or incendiary devices"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Butcher, Michael, Beane, Varner and Kominar:

H. B. 2993 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-9b, relating to establishing a lottery scratch-off game for the benefit of West Virginia firefighters; creating a special fund; providing that the State Fire Commission shall propose a legislative rule; providing for expenditures from the Fund on the order of the State Fire Commission for the recruitment and retention of West Virginia volunteer firefighters; to provide recognition of West Virginia volunteer firefighters; and to provide higher education support in the form of payments for tuition, books and school fees; and to provide that one half of the revenues go to the municipal firefighter pension and relief funds"; to the Committee on the Judiciary then Finance.
By Delegates Browning, DeLong, Miley, Cann, Ron Thompson, Poling and Duke:
H. B. 2994 - "A Bill to amend and reenact §18-9A-8a, §18-9A-10, §18-9A-11 and §18-9A- 13b of the Code of West Virginia, 1931, as amended, all relating to public school support generally, providing that the foundation allowance for regional education service agencies is established by the Legislature; providing that the foundation allowance for improving instructional programs shall include thirty-three million dollars; adding a foundation allowance for capacity building and providing at least five million dollars; adding a foundation allowance for safe schools and providing at least eight million dollars; providing that increases in local share be allocated to provide a salary increment; providing that excess amounts be used for across-the-board salary increases for teachers; and requiring the establishment of a salary enhancement line item in the Department of Education for salary increments"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Iaquinta, Crosier, Hartman, Leach, Miley, Pino, Proudfoot, Susman, Trump and Varner:

H. B. 2995 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5Q-4, relating to including on the state personal income tax return a checkoff option to donate some or all of any tax refund to the "James 'Tiger' Morton Catastrophic Illness Check-off Program"; to the Committee on Finance.
By Delegates Porter, Sumner and Lane:
H. B. 2996
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to requiring the Department of Health and Human Resources to maintain information for public dissemination relative to judicial bypasses to the requirement of parental notification relative to abortions performed on minors"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates H. White, Hrutkay and Ron Thompson:
H. B. 2997 - "A Bill to amend and reenact §33-2-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-2-21; to amend and reenact §33-6-8 of said code; to amend and reenact §33-16B-1 and §33-16B-3 of said code; to amend and reenact §33-17-8 and 33-17-9 of said code; and to amend said code by adding thereto three new sections, designated §33-17A-4a, §33-17A-4b and §33-17A-4c; and to amend and reenact §33-20-4 of said code, all relating to insurance; allowing the Commissioner to permit automobile insurers to withdraw from doing business in this state; requiring insurer to submit a plan; permitting promulgation of rules; redesignating a section of the insurance code enacted as part of the bill assigning workers compensation duties to the Insurance Commissioner; clarifying that certain rules remain in effect; exempting commercial insurance lines from the requirement of prior approval of rates and forms; creating a presumption of prospective relief when forms are disapproved and providing factors to be considered in determining whether relief should be retroactive; defining terms; clarifying that certain health insurance forms marketed to associations must be filed with the Commissioner; providing that commercial and certain health insurance forms marketed to associations are effective upon first use after filing; clarifying that prior rate approval applies to health insurance certificates and endorsements; providing an alternative method for nonrenewal of property insurance; providing a manner of electing an alternative method; requiring report to the Legislature; and providing alternative methods of determining insurer liability in cases of loss to real property"; to the Committee on Banking and Insurance and then the Judiciary.
By Delegates Armstead, Lane, Overington, Sumner, Sobonya, Anderson, Carmichael, Kominar, Pethtel, Boggs and Trump:

H. B. 2998 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing discounted motor vehicle registration fees for members of volunteer fire departments"; to the Committee on Roads and Transportation then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Varner, Amores, Michael, Leach, Craig and Stalnaker:

H. B. 2999 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13V-1, §11-13V-2, §11-13V-3, §11-13V-4, §11-13V-5, §1- 13V-6, §11-13V-7, §11-13V-8 and §11-13V-9, all relating to establishing a railroad track maintenance tax credit for the expenditure by railroads of maintaining and repairing railroad tracks in West Virginia"; to the Committee on Roads and Transportation then Finance.
By Delegates Manchin, Caputo, DeLong, Perdue, Mahan, Boggs, Poling, Hamilton, Ellem and Martin:

H. B. 3000 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1D-1, §21-1D-2, §21-1D-3 and §21-1D-4, all relating to the "Keep Jobs in West Virginia Act"; to the Committee on Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Amores and Trump:
H. B. 3002 - "A Bill to amend and reenact §3-2-31 of the Code of West Virginia, 1931, as amended, relating to elections generally; deleting the requirement that a voter designate a political party designation at least thirty days before the primary in order to vote in the primary; and providing for the designation to occur no later than the close of voter registration before the primary"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Amores and Trump:
H. B. 3003 - "A Bill to amend and reenact §36-8-2, §36-8-7, §36-8-8, §36-8-12, §36-8-15, §36-8-17 and §36-8-23 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto four new sections, designated §36-8-5a, §36-8-5b, §36-8-15a and §36-8-15b; and to amend and reenact §36-8A-4 of said code, all relating to unclaimed property; shortening the abandonment period for stock, for bonds, for mineral proceeds and for demutualization proceeds; prohibiting expiration dates and dormancy fees on gift certificates, and stating that a violation of that provision constitutes an unfair or deceptive act or practice; limiting heirfinder fees; waiving notary requirements for unclaimed property reports and requiring holders to submit electronically; authorizing the administrator to require that holders liquidate securities and report proceeds as unclaimed property; authorizing the administrator to sell safe-deposit box contents through electronic auction or other methods; waiving notary requirements for claims under five hundred dollars and limiting the administrator's liability for duplicate claims payment; authorizing payment of heirs or devisees of deceased unclaimed property owners; authorizing any state agency, board or commission owed delinquent funds by any person to claim that person's property to offset delinquent amounts owed that agency; applying the provisions of the act to pre-abandoned property; authorizing the administrator to cooperate with state agencies or with other states to locate property or pay claims; and allowing unclaimed stolen property to be auctioned electronically or through other methods"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump:
H. B. 3004 - "A Bill to amend and reenact §15-2-5 of the code of West Virginia, 1931, as amended, relating to an increase in the annual base salary of all sworn state police personnel by eighteen percent effective on the first day of July, two thousand five"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 3005 - "A Bill to repeal §5A-2-25 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-2-1, §5A-2-24, §5A-2-32 and §5A-2-33 of said code; to amend said code by adding thereto a new article, designated §12-4C-1, §12-4C-2, §12-4C-3, §12-4C-4, §12-4C-5, §12-4C-6, §12-4C-7 and §12-4C-8; all relating to transfer of the central accounting system from the Department of Administration to the Auditor's Office; creating a Financial Services Oversight Committee"; to the Committee on Government Organization then Finance.
By Delegates Pino, Varner, Hall, Susman, Sobonya, Armstead, Michael and Susman:
H. B. 3006 - "A Bill to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F- 6, §16-2F-8 and §16-2F-9 of the Code of West Virginia, 1931, as amended, all relating to parental notification requirements for abortions performed on unemancipated minors; waiver; notice to minor of right of petition to circuit court; reporting requirements; creating penalties and remedies; specifying where notice not required; and severability"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Stalnaker, Browning, Williams, Boggs and Ron Thompson:

H. B. 3007 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7B-7a; and to amend said code by adding thereto a new article, designated §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and 18-7C-14, all relating to the merger and consolidation of the Teachers' Defined Contribution Retirement System and the State Teachers Retirement System generally; closing the Teachers' Defined Contribution Retirement System to newly hired personnel; providing that certain persons rehired are to become members of the last plan contributed to; setting forth short title; providing legislative findings and purpose; providing definitions; providing for merger and consolidation of the Teachers' Defined Contribution Retirement System and the State Teachers Retirement System upon election; providing responsibilities of the Consolidated Public Retirement Board; setting forth dates and time periods for transition and election; requiring that increase of or new benefits to the Teachers Retirement System be amortized over a seven-year time period; providing for education about election and merger for members; requiring legal notice to members; providing for transfer of assets from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System upon favorable vote for consolidation and merger; providing that the Teachers' Defined Contribution Retirement System shall not exist upon favorable vote for consolidation and merger; setting forth terms of merger and consolidation of the Teachers' Defined Contribution Retirement System and the State Teachers Retirement System; providing for service credit in the State Teachers Retirement; requiring members of Teachers' Defined Contribution Plan to pay additional amount to receive credit upon merger; providing options and loans for members moving to the remaining plan; providing service credit for transferring member; addressing withdrawals and cash outs; providing for election on the question of merger and consolidation of the Teachers' Defined Contribution Retirement System and the State Teachers Retirement System; setting forth requirements of election; allowing Consolidated Public Retirement Board to contract directly for professional services for purposes of performing its responsibilities related to the merger and consolidation and conducting the election; permitting only one election; addressing qualified domestic relations orders; providing for vesting of members and minimum guarantees of benefits for them; providing for due process and right to appeal; and providing for nonseverability of the new article"; to the Committee on Pensions and Retirement then Finance.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 2150, Expanding the possible venues where a child neglect or abuse petition may be filed.,
H. B. 2271, Relating to the payment of expert fees in child abuse and neglect cases,

Com. Sub. for H. B. 2523, Making it a crime for released inmates to contact correctional employees and requiring that inmates be advised of such prohibition upon release,
H. B. 2525, Removing the requirement to contract for independent evaluation and report to Legislative Oversight Commission every two years on character education program in public schools,
And,
H. B. 2527, Authorizing employees of the multicounty vocational schools to administer the performance tests of service personnel in the counties served by the school.
On the passage of the bills, the yeas and nays were taken (Roll No. 110), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Ennis, Ferrell, Fragale, Hatfield, Michael, Spencer, Swartzmiller and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2150, H. B. 2271, Com. Sub. for H. B. 2523, H. B. 2525 and H. B. 2527) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on Consent Calendar bills and request concurrence therein.
Second Reading

The following bills, on second reading, coming up in regular order, were read a second time and ordered to third reading.
Com. Sub. for H. B. 2227, Prescribing minimum standards for municipal judges and requiring criminal background checks of persons applying for municipal judgeships,
H. B. 2813, Relating to requirements for certificate of public convenience and necessity,
H. B. 2869, Relating to permit the conversion of a domestic corporation to a domestic limited liability company,
And,
H. B. 2958, Relating to continuing the Public Employees Insurance Agency Finance Board.
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed with him for the removal of a bill from the Consent Calendar to the House Calendar.
Com Sub. for H. B. 2227, on second reading, Consent Calendar, to the House Calendar.
Special Calendar

Third Reading

H. B. 2078
, Requiring the spaying or neutering of certain dogs and cats,on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 116), and there were--yeas 76, nays 16, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Ashley, Border, Ellem, Hall, Lane, Leggett, Louisos, Porter, Roberts, Romine, Schoen, Sobonya, Stephens, Dale, Sumner, Susman and Tabb.
Absent And Not Voting: Ennis, Ferrell, Fragale, Hatfield, Michael, Spencer, Swartzmiller and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2078) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2078 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20B-1, §19-20B-2, §19-20B-3, §19-20B-4, §19-20B-5 and §19-20B-6, all relating to requiring the spaying or neutering of dogs and cats adopted by shelters; requiring all shelters to require that dogs or cats adopted be spayed or neutered; establishing time- frames for spaying or neutering; requiring a deposit for adoptions in which the dog or cat has not yet been spayed or neutered upon adoption; providing for return of deposit upon proof of spaying or neutering; providing for use of deposit upon failure to reclaim deposit; allowing agency to petition for return of any dog or cat not timely neutered or spayed; and establishing penalties for noncompliance."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ennis, Ferrell, Fragale, Hatfield, Michael, Spencer, Swartzmiller and Tucker.
Miscellaneous Business

Delegate Frich asked and obtained unanimous consent that the remarks of Frasure- Singleton intern Jenny Strubble be printed in the Appendix to the Journal.
Delegate Staton asked and obtained unanimous consent that his remarks on yesterday regarding the hunting of albino deer be printed in the Appendix to the Journal.
At 10:58 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, March 14, 2005.