__________*__________
Wednesday, April 6, 2005
The House of Delegates met at 11:30 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 Tuesday, April 5, 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. 34, Recognizing the month of April as Fair Housing Month,
H. C. R. 39, Requesting the West Virginia Division of Highways to name the bridge located
at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey Carson
Memorial Bridge",
H. C. R. 71, Amending the Joint Rules of the Senate and the House of Delegates by adding
thereto a new rule, designated Rule 30, Joint Committee on Technology,
H. C. R. 74, Requesting the Joint Committee on Government and Finance conduct a study
to determine the need for a Colon Cancer Detection and Prevention Board,
S. C. R. 17, Requesting Division of Highways name Fort Hill Bridge in Charleston "Eugene
A. Carter Memorial Bridge",
And reports the same back with the recommendation that they each 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. C. R. 85, Requesting the Joint Committee on Government and Finance to study costs and
benefits of full time in-school alternative education programs,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 85 - "Requesting the Joint Committee on Government and Finance
to make a study on the costs and benefits of full time in-school alternative education programs and
a study into choosing one school from each RESA to set up model programs for the 2005-2006
school year to be used as a pilot program,"
With the recommendation that the committee substitute be adopted.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S.B. 492, Relating to claims against state,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 492)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 561, Authorizing Greater Huntington Park and Recreation District
impose fees and issue revenue bonds,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 561) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the former direction of the Speaker, referred to the Committee on
Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 282, Continuing School Building Authority,
S. B. 285, Continuing Division of Culture and History,
S. B. 286, Continuing Public Defender Services,
And,
S. B. 452, Continuing Board of Risk and Insurance Management,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 282,
S. B. 285, S. B. 286 and S. B. 452) were taken up for immediate consideration, read a first time,
ordered to second reading and then, in accordance with the provisions of House Rule 70a, were
ordered to the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 283, Continuing Health Care Authority,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 283)
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 666, Relating to exemptions for certain insurance companies from
business franchise tax and corporation net income tax,
And reports the same back, with amendment, with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 666) was taken up for immediate consideration, read a first time and then ordered to second
reading.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
S. B. 674, Relating to textbook sales and at public institutions of higher education.
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 674)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
S. B. 94, Providing additional flexibility for school instructional support and enhancement days.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 94)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
S. B. 248, Relating to requirement that technology expenditures be made in accordance with
Education Technology Strategic Plan.
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on
Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 248)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Michael, from the Committee on Finance submitted the following report, which
was received:
Your Committee on has had under consideration:
Com. Sub. for S. B. 603, Relating to higher education,
Com. Sub. for S. B. 700, Creating Community Infrastructure Investment Program within
Department of Commerce,
S. B. 741, Exempting farming equipment and livestock from personal property tax,
Com. Sub. for S. B. 223, Relating to vesting retirement benefits for certain members of
military,
Com. Sub. for S. B. 455, Relating to financing of environmental control activities by certain
electrical utilities,
And,
S. B. 643, Relating to taxable income of resident estate or trust,
And reports the same back, by unanimous vote of the committee, with amendment, with the
recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent Com. Sub. for S.
B. 603 was taken up for immediate consideration, read a first time and then ordered to second
reading.
At the respective requests of Delegate Staton, and by unanimous consent Com. Sub. for S.
B. 700, S. B. 741, Com. Sub. for S. B. 223, Com. Sub. for S. B. 455 and S. B. 643 were each taken
up for immediate consideration, read a first time, ordered to second reading and then, in accordance
with the provisions of House Rule 70a, ordered to the Consent Calendar.
On motion for leave, a resolution was introduced (Originating in the Committee on Health
and Human Resources and reported with the recommendation that it be adopted, but that it first be
referred to the Committee on Rules), which was read by its title, as follows:
By Delegates Perdue, Hatfield, Boggs, DeLong, Hrutkay, Frederick, Long, Leach,
Longstreth, Marshall, Miley, Moore, Pino, Susman, Tucker, Ashley, Border, Lane,
Rowan, Schadler, Sumner, Wakim and Brown:
H. C. R. 90 - " Requesting the Joint Committee on Government and Finance to conduct a
study on oral health in West Virginia."
W
HEREAS
, Oral diseases are among the most common health problems in the United States;
and
W
HEREAS
, Millions of Americans suffer with diseases and conditions of the oral cavity
which often result in needless pain and suffering - - such as difficulty speaking and chewing,
increased cost of care, decreased economic productivity through lost work days and, in extreme
cases, death; and
Whereas, Oral diseases and conditions, including cavities, tooth loss and periodontal disease, affect more than persons than any single disease in the United States
Whereas
,
Dental cavities is the most common and preventable infectious disease in
children, with regular care being a key factor in maintaining oral health; and
W
HEREAS,
Although the past two decades have witnessed significant improvement, poor oral
health remains a neglected epidemic in West Virginia, especially among certain segments of it's
population - - eighty percent of cavities in children is concentrated in just twenty-five percent of the
child population; and
W
HEREAS
, Seventy-two percent of West Virginia's children are covered by dental insurance,
primarily through public programs (Medicaid, SCHIP), with forty percent having not seen their
dentist in the last six months; and
W
HEREAS
, A survey of West Virginia dentists indicated that they see very few children age
three and younger in their practices - - even though all children should be seen by a dentist by their
first birthday; and
W
HEREAS
, West Virginia has ranked first among all states in the percentage of people ages
sixty-five and older who have lost their natural teeth; and
W
HEREAS
, Forty-four percent of adult West Virginians are covered by dental insurance, with
over half having not seen their dentist in the last six months; and
W
HEREAS
, Prevention, education and regular care are essential elements in oral health;
therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study
on dental health in West Virginia; and, be it
Further Resolved, That the Legislature, Governor, Department of Health and Human
Resources, Public Employees Insurance Agency, Department of Education and other state agencies
and institutions work collaboratively in the assessment, prevention and treatment of dental diseases
while also improving the health and wellness of the residents of West Virginia; and, be it
Further Resolved, These objectives can be accomplished through (1) working with federal
agencies, such as the U.S. Center for Disease Control and Prevention, and with other states to
promote guidelines and best practices in the prevention and treatment of dental diseases, (2)
educating the medical community, teachers and school administrators, employers and the general
public about oral health care in adults and children, (3) providing incentives for and promoting the
availability of preventive oral health services and treatment in the state Medicaid program, PEIA and
other state-funded insurance programs, (4) looking for methods to maintain and expand coverage
for children and adults, and (5) identifying and implementing strategies to increase the amount and
quality of daily oral health care as part of nutrition education in school curriculums; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 456, Relating to cure offer from merchant or seller to consumer,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 456) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 587, Relating to appointment of counsel in abuse and neglect cases,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 587) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the former direction of the Speaker, referred to the Committee on
Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 418,Providing insurance reform by expanding and providing funding
and expanded powers for Office of Consumer Advocacy,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 418) was taken up for immediate consideration, read a first time and then 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:
Com. Sub. for S. B. 341, Authorizing Department of Health and Human Resources
promulgate legislative rules,
Com. Sub. for S. B. 353, Authorizing Department of Transportation promulgate legislative
rules,
Com. Sub. for S. B. 386, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules,
And,
S. B. 736, Repealing superceded sections relating to proffers and conditions for final plat
approval,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com.
Sub. for S. B. 341, Com. Sub. for S. B. 353, Com. Sub. for S. B. 386, and S. B. 736)were taken up
for immediate consideration, read a first time, ordered to second reading and then, in accordance
with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 357, Authorizing Department of Revenue promulgate legislative rules,
Com. Sub. for S. B. 382, Authorizing Department of Administration promulgate legislature
rules,
S. B. 584, Allowing Bureau for Child Support Enforcement enter orders for modification of
child support amounts,
Com. Sub. for S. B. 670, Relating to electing supervisors for conservation districts
And,
S. B. 691, Relating to electing supervisors for conservation districts,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com.
Sub. for S. B. 357, Com. Sub. for S. B. 382, S. B. 584, Com. Sub. for S. B. . 670 and S. B. 691) were
taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 427, Relating to health maintenance organizations,
And reports the same back, by unanimous consent of the Committee, with amendment, with
the recommendation that it do pass, as amended, and with the recommendation that second reference
of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 427)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 485, Relating to powers and duties of Board of Pharmacy,
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 Government Organization.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 485)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on Government
Organization.
Chairman DeLong, from the Committee on Veterans Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
S. B. 126, Relating to educational benefits for children of certain deceased military,
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
Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 126)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Thompson, from the Committee on Banking and Insurance, submitted the
following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 278, Relating to lists of stockholders of banking institutions and bank holding
companies,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
the Judiciary be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 278)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Thompson, from the Committee on Banking and Insurance, submitted the
following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 659, Clarifying definition of "money transmission,"
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 659)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
S. B. 575, Authorizing crossbow hunting for disabled persons,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, and with the recommendation that the second reference
to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 575)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 705, Delaying effective date of Municipal Sales and Service Tax and Municipal Use
Tax,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 705)
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B.749, Authorizing change in official name of public service district in certain cases,And
reports the same back, by unanimous vote of the Committee, with the recommendation that it do
pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 749)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Your Committee on Roads and Transportation has had under consideration:
S. B. 444, Establishing offense of careless driving,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 444)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 101, Allowing county commission or municipality to request traffic control signal be
used as flashing signal,
And reports the same back, by unanimous vote of the Committee, with a title amendment,
with the recommendation that it do pass, as amended, but first be referred to the Committee on the
Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 101)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 620, Relating to speed-measuring devices used by law-enforcement officers; training,
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended, but first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 620)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on the Judiciary.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for a presentation by the House.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced
Delegates Morgan, Leach, Craig, Howard, Sobonya, Stephens, Rick Thompson and Perdue
offered the following resolution, which was read by the Clerk as follows:
H.R. 35 - "Designating April 6, 2005, as 'Marshall University Day'."
Whereas, Marshall University is one of the state's premier institutions of higher education
and classified as Masters I by the Carnegie Foundation; and
Whereas, Marshall University educates more than 16,300 students at campus locations in
Huntington, Point Pleasant and South Charleston and offers degrees at the associate, baccalaureate,
master's and doctoral levels; and
Whereas, Enrollment at Marshall University has continued to rise over the past decade,
while grade point averages and standardized test scores continue to keep pace; and
Whereas, Marshall University has been the site of The Governor's Honors Academy and
the Governor's School for the Arts; and
Whereas, The West Virginia Autism Training Center at Marshall University serves our
citizens with autism, their families and their educators with personal contact in all 55 counties; and
Whereas, Marshall University provides graduate education statewide, serving all 55
counties, with nationally regarded programs such as the A A C S B-Accredited MBA program,
placing it among a small group of selective and elite universities; and,
Whereas, Marshall University's Forensic Science Center has America's only on-campus
certified DNA lab and annually attracts hundreds of top national scholars who apply to its highly
competitive and selective program; and
Whereas, Marshall University is growing its research capacity, bringing nearly $150 million
into the state over the past 5 years; and
Whereas, With every dollar the state invests in Marshall University, the University
generates at least 3 dollars spent in the West Virginia economy; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing at Marshall
is providing technology and training to all 55 state counties delivering expertise to more than 2,500
small, medium and large manufacturers, creating jobs in West Virginia; and
Whereas, the Joan C. Edwards School of Medicine health professionals reached a milestone
this year by recognizing service to more than 3 million patients; and
Whereas, the Robert C. Byrd Rural Health Initiative provides rural clinics in Mingo,
McDowell, Lincoln, Boone and Clay counties, has Marshall-trained physicians rendering health care
in 28 underserved rural communities and provides clinical services in 52 West Virginia counties;
and
Whereas, Marshall University's Health Sciences have trained thousands of West Virginians
to serve as doctors, nurses, therapists and allied health professionals; and
Whereas, Marshall University is building a national reputation for research in medical,
forensics and environmental biotechnology through its College of Science and the School of
Medicine with more than $100 million in externally-funded health care and biomedical research
facilities now under development that will educate the next generation of students and improve the
quality of life for generations to come; and
Whereas, Marshall University alumni number nearly 80 thousand, living worldwide;
therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates April 6, 2005, as "Marshall University Day;"
and, be it
Further Resolved, That the House hereby recognizes Marshall University for its tremendous
contributions to the State of West Virginia; and be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to Michael J. Farrell, Interim President of Marshall University.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
resolution (H. R. 35) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
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.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 2350, Relating to conditions for awarding teaching certificates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 2381, Authorizing patients or residents of certain health care facilities or homes to designate nonrelatives to receive the same visitation privileges as immediate family members.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2449, Continuation of the West Virginia Board of Manufactured Housing Construction
and Safety.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
H. B. 2492, Providing a funding mechanism for teen court programs.
On motion of Delegate Staton, the House of Delegates refused to recede from its amendment
and requested the Senate to agree to the appointment of a Committee of Conference of three from
each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Long, Brown and Howard.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 2497, Providing that a truck with four axles in combination with a trailer with two
axles is limited to a max gross weight of eighty thousand pounds with a tolerance of ten percent.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2534, Continuation of the Tourism Commission.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 2570, Requiring banking institutions to post bond or other security for the deposit of
county, municipal or county board of education funds.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2623, Continuation of the Public Land Corporation.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 2789, Relating to the assessment date for bank holding companies.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 2950, Relating to requiring a paper copy of a voter's votes when using an electronic
system to vote if an election is contested or for a random count of precincts.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2958, Continuing the Public Employees Insurance Agency Finance Board.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2973, Allowing broker/dealers, in addition to banks, to act as
custodians of insurance company securities.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2981, Finding and declaring certain claims against the state and its
agencies to be moral obligations of the state and directing the Auditor to issue warrants for the
payment thereof.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 3046, Continuation of the Board of Veterinary Medicine.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, and had
changed the effective date, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 3105, Creating a special revenue fund for the provision of occupational safety and
health initiatives.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 414), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3105) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 3106, Relating to the ability of the public employees insurance agency to participate
in the investment pools of the investment management board.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 32, Requesting the Joint Committee on Government and Finance to study the
creation of a small disadvantaged business loan pool.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 33, Requesting the Joint Committee on Government and Finance to make a study
of participation of minority and other disadvantaged small businesses in the process of competing
for and obtaining state contracts.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 51, Requesting the Joint Committee on Government and Finance to study the need
to provide low-cost spay and neuter programs across the state.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 32 - "Requesting the Joint Committee on Government and Finance study the
potential economic benefits of distributing to travelers on the West Virginia Turnpike discount coupons designed to encourage participation in various in-state tourism and recreational activities."
Whereas, On average, 50,000 motor vehicles travel the West Virginia Turnpike on any
given day; and
Whereas, Extolling the unique and wide-ranging variety of activities revolving around
tourism and recreation in this state, including, but not limited to, fishing, hunting, water and snow
skiing, camping, hiking, whitewater rafting and touring historical sites, by virtue of offering discount
coupons to travelers on the Turnpike should result in substantially greater revenue for the state and
its citizens and foster faster-paced economic development; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
potential economic benefits of distributing to travelers on the West Virginia Turnpike discount
coupons designed to encourage participation in various in-state tourism and recreational activities;
and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 56 - "Requesting the Joint Committee on Government and Finance study highway
authorities in the State of West Virginia."
Whereas, Various highway authorities have been created by legislative acts to promote and secure funding for the construction of roadways throughout the state and additional authorities may
be created; and
Whereas, The number, organization and effectiveness of these groups are of interest to the
citizens of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study highway
authorities in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 74 - "Requesting the Joint Committee on Government and Finance study the fiscal
affairs of West Virginia's publicly and privately owned and operated water and sewer utilities."
Whereas, West Virginia's public water and sanitary sewer utilities manage millions of
dollars of public property; and
Whereas, Proper operational and fiscal management of these utilities in accordance with
good business practice is critical to quality of life, positive business climate and economic
development in West Virginia; and
Whereas, Levels of federal funds available to support the operation, maintenance,
improvement, renewal and expansion of these facilities are diminishing; and,
Whereas, It is critical to West Virginia's future that these utilities are managed in a manner
that promotes fiscal strength, financial flexibility and independence while providing service at just
and reasonable rate levels; and
Whereas, The Public Service Commission of West Virginia is empowered by statutory
authority to provide regulatory oversight of public utilities within the state on behalf of its citizens;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the fiscal
affairs of West Virginia's publicly and privately owned and operated water and sewer utilities; and,
be it
Further Resolved, That the Joint Committee on Government and Finance's study should
include, at a minimum, the following: Operating revenues per customer; operating income per
customer; total assets per customer; current assets per customer; current and financial assets per
customer; restricted assets per customer; return on assets (net of plant); debt service coverage ratio;
debt ratio; operating and maintenance expense per customer; infrastructure renewal rate; and average
residential bill at a typical usage rate; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study should
compare and report upon the same issues for three utilities in other states corresponding to each class
of utility in West Virginia. A representative utility should have a "AA" bond rating or higher, as
designated by Standard & Poor's or another credible bond rating agency; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 82 - "Requesting the Joint Committee on Government and Finance study placing
the maintenance of the Cultural Center under the direction of the General Services Division in the
Department of Administration.
Whereas, The Director of General Services Division currently has responsibility for all state
buildings on the grounds of the Capitol, except the Cultural Center; and
Whereas, The Cultural Center has special security and maintenance requirements because
it offers weekend and evening hours, maintains the West Virginia Veterans Memorial and archives
priceless artifacts, historical documents and art collections; and
Whereas, The Cultural Center currently hires and trains its own staff so that these unique
maintenance issues are addressed; and
Whereas, It is unclear whether there would be a cost savings to the state to have the General
Services Division oversee the maintenance of the Cultural Center; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study placing
the maintenance of the Cultural Center under the direction of the General Services Division in the
Department of Administration; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 83 - "Requesting the Joint Committee on Government and Finance study licensing
athletic trainers."
Whereas, Athletic trainers promote injury prevention and the health of athletes; and
Whereas, A uniform set of standards for athletic trainers
would be beneficial
to
the profession and the state's athletes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study licensing
athletic trainers; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 90 - "Requesting the Joint Committee on Government and Finance study current and
future highway financing."
Whereas, Funding for the Division of Highways has not increased in relation to the cost of
inflation; and
Whereas, This decrease in funding has limited the ability of the Division of Highways to
maintain the State of West Virginia's highway system and to develop and construct new highways
which are essential for the economy of the state; and
Whereas, The State of West Virginia may be the recipient of additional federal funding in
the near future which would require the Division of Highways to provide additional matching state
funding over and above what is normally allocated; and
Whereas, A variety of highway authorities have been created by legislative acts to promote
and secure funding for the construction of various roadways throughout the state; and
Whereas, The funding sources available to meet the needs of the Division of Highways are
limited; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study current
and future highway financing; and, be it
Further Resolved, That the Joint Committee on Government and Finance review and
examine the abilities of local government and various highway authorities in providing funding
options over and above that of the Division of Highways; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with
amendment, and the passage, as amended, of
S. B. 604, Establishing method for projecting increase in net enrollment for each school district.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment to the House of Delegates amendment was reported by the
Clerk:
On pages one through three, by striking out all of section fifteen, and inserting in lieu thereof
a new section fifteen, to read as follows:
"§18-9A-15. Allowance for increased enrollment.
(a) To provide for the support of increased net enrollments in the counties in a school year
over the net enrollments used in the computation of total state aid for that year, there shall be
appropriated for that purpose from the general revenue fund an amount equal to the average total
state aid per net pupil multiplied by the total of all of the increases in the net enrollments of the
counties made by comparing the most recent reports of net enrollment for the second school month
to the immediately previous year's reports for the same school month to be determined in accordance
with this section.
Upon determination of the several increases in the respective counties' net enrollments, as
of the close of the second school month, each county showing such increase shall be allocated an
amount equal to that county's average per net pupil total state aid multiplied by the increase in that
county's net enrollment determined as provided heretofore. Such allocations shall be distributed not
later than the thirty-first day of December of each year to the counties having increases in net
enrollment as heretofore provided.
(b) On or before the first day of September, two thousand five, the State Board shall
promulgate a rule pursuant to article three-b, chapter twenty-nine-a of this code that establishes an
objective method for projecting the increase in net enrollment for each school district. The State
Superintendent shall use the method prescribed by the rule to project the increase in net enrollment
for each school district.
(c) The State Superintendent shall multiply the average total state aid per net pupil by the sum of the projected increases in net enrollment for all school districts and report this amount to the
Governor for inclusion in his or her proposed budget to the Legislature. The Legislature shall
appropriate to the West Virginia Department of Education the amount calculated by the State
Superintendent and proposed by the Governor.
(d) The State Superintendent shall calculate each school district's share of the appropriation
by multiplying the projected increase in net enrollment for the school district by the average total
state aid per net pupil and shall distribute sixty percent of each school district's share to the school
district on or before the first day of September of each year. The State Superintendent shall make
a second distribution of the remainder of the appropriation in accordance with subsection (e) of this
section.
(e) After the first distribution pursuant to subsection (d) of this section is made and after the
actual increase in net enrollment is available, the State Superintendent shall compute the total actual
amount to be allocated to each school district for the year. The total actual amount to be allocated
to each school district for the year is the actual increase in the school district's net enrollment
multiplied by the average total state aid per net pupil. The State Superintendent shall make the
second distribution to each school district in an amount determined so that the total amount
distributed to the district for the year, in both the first and second distributions, equals the actual
increase in net enrollment multiplied by the average total state aid per net pupil. The State
Superintendent shall make the second distribution on or before the thirty-first day of December of
each year: Provided, That if the amount distributed to a school district during the first distribution
is greater than the total amount to which a district is entitled to receive for the year, the district shall
refund the difference to the Department of Education prior to the thirtieth day of June of the fiscal
year in which the excess distribution is made.
(f) If the amount appropriated for this purpose shall of the appropriation for increased
enrollment is not be sufficient to provide payment in full for the total of these several allocations,
each county allocation shall be reduced to an amount which is proportionate to the appropriation compared to the total of the several allocations and the allocations as thus adjusted shall be
distributed to the counties as provided in this section: Provided, That the Governor shall request a
supplemental appropriation at the next legislative session for the reduced amount.
(g) No provision of this section shall be construed to in any way affect the allocation of
moneys for educational purposes to a county under other provisions of law.
Except for those students who are enrolled in special education programs, students who have
not attained the age of five prior to the first day of September shall not be included for any purpose
of this section.
Nothing in this section shall be construed to require any specific level of funding by the
Legislature."
And,
By amending the title of the bill to read as follows:
S. B. 604 -"A Bill to amend and reenact §18-9A-15 and §18-9A-22 of the Code of West
Virginia, 1931, as amended, relating to allowances of public school support; requiring appropriation
for increased enrollment based on projection; requiring initial distribution to be based on projection;
requiring refund in certain instances; including students who have not attained the age of five; and
authorizing grant allowances for certain counties with low student net enrollment under certain
circumstances."
On motion of Delegate Staton, the House of Delegates refused to concur in the Senate
amendments to the House amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Resolutions Introduced
Delegates Pino, Louisos and Perry offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 88 - "Requesting the West Virginia Division of Highways to name State Route 25 from Glen Jean to Thurmond in Fayette County the "Jon Dragan Road."
Whereas, Jon Dragan was born in Fayette County, Pennsylvania on September 11, 1942,
but was drawn to Fayette County, West Virginia as a young man by the lure of whitewater rapids on
the New River; and
Whereas, In 1968 Jon Dragan, along with his brothers Tom and Chris and his future wife,
Melanie, began operating the State's first commercial rafting company, Wildwater Expeditions
Unlimited, on the New River; and
Whereas, Jon Dragan's pioneering efforts on the New River that summer of 1968 led to the
development of a whitewater rafting industry that today is a driving force in the State's tourism
economy; and
Whereas, Jon Dragan's contributions to Fayette County and the State of West Virginia
extend far beyond whitewater rafting, for Jon played an important role in the creation and
development of the New River Gorge National River, Bridge Day and numerous other endeavors
such as the West Virginia Southern Railway; and
Whereas, Jon Dragan's spirit of adventure in his professional life extended to his personal
life as well, where Jon participated in whitewater expeditions in remote locations such as Tibet and
China, explored exotic locations such as the Galapagos Islands and Antarctica, and skied in remote
areas around the world; and
Whereas, Jon Dragan's personality, humor, vision and entrepreneurial spirit were examples
for all and inspiration to many; and
Whereas, Jon Dragan was truly a man of legendary proportion, and his sudden and
unexpected passing has left a void in many lives and in the State dynamic; and
Whereas, Jon Dragan was called from this Earth on February 12, 2005, passing away after
a short illness; and
Whereas, Jon Dragan's pioneering spirit and his prodigious work ethic enabled him to
accomplish much in his relatively short lifetime, and he leaves behind a legacy that will endure to the great benefit of Fayette County and the State of West Virginia for generations to come; and
Whereas, It is only fitting that we pay homage to "The Father of Whitewater Rafting in
West Virginia" by naming in his honor the access road State Route 25 from Glen Jean to Thurmond
finding the New River Gorge where so many thousands of whitewater rafters travel each year to
reach the New River; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby requested to name State Route 25
from Glen Jean to Thurmond in Fayette County the "Jon Dragan Road"; 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 West Virginia Division of Highways, to Melanie Dragan, to
Jon and Melanie's daughter, Melissa, and to their son, Josh.
Delegates Marshall, Houston, Beach, Frich, Amores, Argento, Azinger, Barker, Beane,
Boggs, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Carmichael, Craig, Crosier,
DeLong, Doyle, Eldridge, Hamilton, Hartman, Hatfield, Hrutkay, Hunt, Iaquinta, Kominar, Leach,
Leggett, Longstreth, Louisos, Mahan, Manchin, Martin, Michael, Miley, Moore, Morgan, Palumbo,
Paxton, Pethtel, Perry, Poling, Romine, Spencer, Stalnaker, Staton, Stephens, Susman, Tabb, Talbott,
Tansill, Trump, Wakim, Walters, Webster, Wells, G. White, H. White, Williams, Wysong and Yost
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 89 - "Requesting the West Virginia Department of Education, the Office of the
Secretary of Education and the Arts, and the West Virginia University Extension Service (4-H,
Youth Development Program Unit) to convene and cochair a task force, to be known as the West
Virginia After School Partnership that may include state agencies and private and nonprofit
organizations concerned with care of school age children; the Education Alliance; parks and
recreation agencies or associations; private foundations; civic and cultural organizations;
community-based youth service providers; faith-based communities; higher education institutions;
child and youth advocacy organizations; alcohol, tobacco, and substance abuse prevention providers; parent and youth representatives; and other related agencies and organizations that serve children and
youth in this state to study after school programs across this state, to identify effective programs,
areas of need and to develop plans and funding sources to provide high quality after school
programs.
Whereas, Children who attend after school programs (also termed out of school time
learning opportunities including organized before and after school and summer programs) spend
more time in learning opportunities, academic enrichment, and physical activity and spend less time
watching television and engaging in risky behavior than their peers; and
Whereas, A post-election national poll conducted for the After School Alliance showed that
eight of ten voters agree that funding should increase for after school programs and 76% said they
would even support a tax increase if it meant increased funding for such programs; and
Whereas, A study by the Rose Institute in California concluded that the return to taxpayers
of an investment in after school programs ranges from $2.29 to $3.04 for every dollar spent in areas
of reduced child care costs, improved school performance, increased compensation, reduced crime
costs and reduced welfare costs; and
Whereas, Current data shows that the violent juvenile crime rate climbs and children are
most likely to be victims of a violent crime committed by a nonfamily member between the hours
immediately after school until 6:00 p.m.; and
Whereas, Current data (the America After 3:00 p.m. Household Survey on After School
Care Arrangements conducted for the After School Alliance) shows that in West Virginia in
2002-2003, 16% of K-12 children were responsible for taking care of themselves after school --
spending an average of more than six hours per week unsupervised after school; and
Whereas, In 2004, the West Virginia Department of Education received 32 proposals
requesting funding of 21st Century Community Learning Center after school programs that would
have served 29,683 children in the State, but funding was available for only twelve grants serving
8,224 children; and
Whereas, More than 27% of K-12 children in self-care in West Virginia would be likely to
participate in an after school program if one were available in the community (America After 3: p.m.
Household Survey on After School Care Arrangements, After school Alliance); and
Whereas, A recent report from "Fight Crime: Invest in Kids" indicates that the Child Care
Development Block Grant to help low-income parents pay for child care could only serve 25% of
eligible West Virginia children. The report states further that child care center teacher wages in West
Virginia average only $13,400 resulting in high staff turnover, inadequately trained staff, and low
quality care; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Department of Education, the Office of the Secretary of Education
and the Arts, and the West Virginia University Extension Service (4-H, Youth Development
Program Unit) are requested to convene and cochair a task force, to be known as the West Virginia
After School Partnership that may include state agencies and private and nonprofit organizations
concerned with care of school age children; the Education Alliance; parks and recreation agencies
or associations; private foundations; civic and cultural organizations; community based youth service
providers; faith based communities; higher education institutions; child and youth advocacy
organizations; alcohol, tobacco, and substance abuse prevention providers; parent and youth
representatives; and other related agencies and organizations that serve children and youth in this
state; and, be it
Further Resolved, That the activities of the West Virginia After School Partnership do not
include a request for funding at this time and should include: (i) Conducting an assessment of the
state of after school services in West Virginia including the identification of the number of children
and youth served statewide in after school programs, identification of provider programs and service
regions, the need for after school programs in the state, the identification and description of the needs
of providers in sustaining high quality programs, and a description of current funding streams
supporting after school programs; (ii) creating a plan to establish a network of partners engaged in after school programs for school age children and youth to promote practices which are high quality
and programs that are accessible and sustainable; and (iii) developing recommendations for ensuring
access to high quality after school programs for all school age children in the State; and, be it
Further Resolved, That the West Virginia After School Partnership is requested to provide
recommendations for public policies to increase the availability and improve the sustainability of
high quality after school programs and identify funding sources to further the work of the Partnership
from public and private sectors; and, be it
Further Resolved, That the West Virginia Department of Education, the Office of the
Secretary of Education and the Arts and the West Virginia University Extension Service (4-H, Youth
Development Program Unit) are requested to report to the Governor and Legislature on the West
Virginia After School Partnership during the 2006 Legislative session.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
S. B. 104, Repealing section of code relating to working prisoners by county commissions,
Com. Sub. for S. B. 226, Relating to cross-reporting when abuse or neglect of individuals
or animals suspected; penalties,
S. B. 491, Repealing article establishing compact for out-of-state parolee supervision,
S. B. 657, Providing exemption to time limit for filing petition to appeal decision of Tax
Commission,
And,
S. B. 692, Removing provision certain municipal officers required to have paid real or
property taxes prior to election.
On the passage of the bills, the yeas and nays were taken (Roll No. 415), and there
were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bills (S. B. 104, Com. Sub. for S. B. 226, S. B. 491, S. B. 657 and S. B. 692)
passed.
Delegate Staton moved that S. B. 104 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 421), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 104) takes effect from its passage.
Delegate Staton moved that S. B. 491 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 422), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 491) takes effect from its passage.
Delegate Staton moved that S. B. 692 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 423), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 692) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills.
Second Reading
Com. Sub. for S. B. 19, Eliminating Advisory Board to Secretary of Department of Health and Human Resources and adding Office of Inspector General; on second reading, coming up in
regular order, was read a second time and ordered to third reading.
S. B. 213, Continuing Oral Health Program; on second reading, coming up in regular order,
was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported
by the Clerk and adopted, amending the bill on page two, section seven, by striking out everything
following the section heading and inserting in lieu thereof the following:
"
Pursuant to the provisions of article ten, chapter four of this code, the Oral Health Program
shall continue to exist until the first day of July, two thousand seven, unless sooner terminated,
continued or reestablished."
The bill was then ordered to third reading.
S. B. 235, Relating to National Animal Identification System; on second reading, coming up
in regular order, was read a second time and ordered to third reading.
S. B. 240, Granting state employees paid leave for organ donation; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
S. B. 281, Continuing Emergency Medical Services Advisory Council; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported
by the Clerk and adopted, amending the bill on page five, section five a, by striking out everything
after the section heading and inserting in lieu thereof the following:
"Pursuant to the provisions of article ten, chapter four of this code, the Emergency Medical
Services Advisory Council shall continue to exist until the first day of July, two thousand eight,
unless sooner terminated, continued or reestablished."
There being no further amendments, the bill was then ordered to third reading.
S. B. 347, Authorizing rules of Higher Education Policy Commission and Council for
Community and Technical College Education; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 424, Relating to conservation and preservation easements; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page two, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1. PERSONAL REPRESENTATIVES.
§44-1-29. Authority of personal representative concerning conservation and preservation
easements.
(a) A personal representative, trustee, administrator or executor of a decedent or a decedent's
estate is hereby granted the authority to:
(1) Sell a conservation or preservation easement created prior to the decedent's death under
article twelve, chapter eight-a of this code or article twelve, chapter twenty of this code;
(2) Donate a conservation or preservation easement created prior to the decedent's death
under article twelve, chapter eight-a of this code or article twelve, chapter twenty of this code;
(3) Amend a conservation or preservation easement created prior to the decedent's death
under article twelve, chapter eight-a of this code or article twelve, chapter twenty of this code and
recorded on the decedent's real property, in order to obtain the benefit of the estate tax exclusion
allowed under §2031(c)of the United States Internal Revenue Code of 1986, as amended;
(4) Execute a deed of conservation or preservation easement and related documents when
decedent's application to establish and convey an easement was approved by a holder during the nine
month period preceding the date of decedent's death, but the deed of conservation or preservation
easement and related documents were not signed by the decedent before his or her death: Provided,
That before executing these documents the personal representative, trustee or executor complies with
the provisions of subsection (b) of this section; or,
(5) Execute a deed of conservation or preservation easement and related documents when decedent's application to establish and convey an easement was submitted to a holder before
decedent's death but is approved by a holder after the decedent's death: Provided, That before
executing these documents the personal representative, trustee, administrator or executor complies
with the provisions of subsection (b) of this section.
(b) The personal representative, trustee, administrator or executor shall ensure that the sale,
donation, amendment or transfer of a conservation or preservation easement complies with the
following:
(1) The proposed sale, donation, transfer or amendment satisfies the requirements set forth
in the provisions of article twelve, chapter eight-a, or article twelve, chapter twenty of this code, as
applicable to the particular easement;
(2) The proposed sale, donation, transfer or amendment is to a qualified conservation
organization or holder, and the organization or holder agrees to accept the conservation or
preservation easement; and,
(3) The sale, donation, transfer or amendment meets one of the following conditions:
(A) All heirs, beneficiaries and devisees with interests in the real estate affected provide
written consent; or
(B) The will or other testamentary instrument directs the personal representative, trustee, or
executor to sell or donate the conservation or preservation easement; or
(C) At the time of the decedent's death, the decedent had a pending application for a sale or
donation of a conservation or preservation easement, and such conservation or preservation easement
was in process of settlement."
There being no further amendments, the bill was then ordered to second reading.
S. B. 531, Relating to Hospice Licensure Act; on second reading, coming up in regular order,
was read a second time and ordered to third reading.
S. B. 550, Designating certain rural hospitals for Medicare Critical Access Hospital Program;
on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page one, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.
§16-5B-14. The Critical Access Hospital Designation Act.
A hospital located in an urban area (Metropolitan Statistical Areas (MSA) County), can be
considered rural for the purposes of a designation as a critical access hospital pursuant to 42 U.S.C.
§ 1395i-4(c)(2), if it meets the following criteria:
(1) Is enrolled as both a Medicaid and Medicare provider and accepts assignment for all
Medicaid and Medicare patients;
(2) Provides emergency health care services to indigent patients;
(3) Maintains 24-hour emergency services; and
(4) Is located in a county that has a rural population of fifty percent or greater as determined
by the most recent United States decennial census."
There being no further amendments, the bill was then ordered to third reading.
S. B. 664, Providing county clerk assist Secretary of State in determining validity of
nominating petitions; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page one, following the enacting clause, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"That §3-5-23 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and §3-9-18 of said code be amended and reenacted, all to read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-23. Certificate nominations; requirements and control; penalties.
(a) Groups of citizens having no party organization may nominate candidates for public office
otherwise than by conventions or primary elections. In such the case, the candidate or candidates, jointly or severally, shall file a declaration with the Secretary of State if the office is to be filled by
the voters of more than one county, or with the clerk of the circuit court of the county if the office
is to be filled by the voters of one county or political subdivision thereof; such the declaration to be
filed at least thirty days prior to the time of filing the certificate provided by section twenty-four of
this article: Provided, That the deadline for filing the certificate for persons seeking ballot access
as a candidate for the office of president or vice president shall be filed not later than the first day
of August preceding the general election. At the time of filing of such the declaration, each
candidate shall pay the filing fee required by law, and if such the declaration is not so filed or the
filing fee so paid, the certificate shall not be received by the Secretary of State, or clerk of the circuit
court, as the case may be.
(b) The person or persons soliciting or canvassing signatures of duly qualified voters on such
the certificate or certificates, may solicit or canvass duly registered voters residing within the county,
district or other political division represented by the office sought, but must first obtain from the
clerk of the county commission credentials which must be exhibited to each voter canvassed or
solicited, which credentials may be in the following form or effect:
State of West Virginia, County of ................., ss:
This certifies that ..............................., whose post-office address is ..............................., the
holder of this credential is hereby authorized to solicit and canvass duly registered voters residing
in .................. (here place the county, district or other political division represented by the office
sought) to sign a certificate purporting to nominate ............................ (here place name of candidate
heading list on certificate) for the office of .......................... and others, at the general election to be
held on ..................., 20....
Given under my hand and the seal of my office this ............... day of ........................., 20......
...............................................
Clerk, County Commission of ........... County.
The clerk of each county commission, upon proper application made as herein provided, shall issue such the credentials and shall keep a record thereof.
(c) The certificate shall be personally signed by duly registered voters, in their own proper
handwriting or by their marks duly witnessed, who must be residents within the county, district or
other political division represented by the office sought wherein such the canvass or solicitation is
made by the person or persons duly authorized. Such signatures need not all be on one certificate.
The number of such the signatures shall be equal to not less than two percent of the entire vote cast
at the last preceding general election for the office in the state, district, county or other political
division for which the nomination is to be made, but in no event shall the number be less than
twenty-five. The number of such the signatures shall be equal to not less than two percent of the
entire vote cast at the last preceding general election for any statewide, congressional or presidential
candidate, but in no event shall the number be less than twenty-five. Where two or more
nominations may be made for the same office, the total of the votes cast at the last preceding general
election for the candidates receiving the highest number of votes on each ticket for such the office
shall constitute the entire vote. No signature on such the certificate shall be counted unless it be that
of a duly registered voter of the county, district or other political division represented by the office
sought wherein such the certificate was presented. It shall be the duty of those soliciting signatures
to read to each voter whose signature is solicited the statement written on the certificate which gives
notice that no person signing such certificate shall vote at any primary election to be held to
nominate candidates for office to be voted for at the election to be held next after the date of signing
such certificate.
(d) Such certificates shall state the name and residence of each of such the candidates; that
he or she is legally qualified to hold such the office; that the subscribers are legally qualified and
duly registered as voters and desire to vote for such the candidates; and may designate, by not more
than five words, a brief name of the party which such the candidates represent and may adopt a
device or emblem to be printed on the official ballot. All candidates nominated by the signing of
such the certificates shall have their names placed on the official ballot as candidates, as if otherwise nominated under the provisions of this chapter.
The Secretary of State shall prescribe the form and content of the nomination certificates to
be used for soliciting signatures. The content shall include the language to be used in giving written
and oral notice to each voter that signing of the nominating certificate forfeits that voter's right to
vote in the corresponding primary election.
Offices to be filled by the voters of more than one county shall use separate petition forms
for the signatures of qualified voters for each county.
(e) The Secretary of State, or the clerk of the circuit court, as the case may be, may
investigate the validity of such the certificates and the signatures thereon. and if upon such If upon
investigation there may be doubt as to the legitimacy and the validity of such the certificate, he or
she may request the Attorney General of the state, or the prosecuting attorney of the county, to
institute a quo warranto proceeding against the nominee or nominees by certificate to determine his
or their right to such the nomination to public office, and upon request being made, the Attorney
General or prosecuting attorney shall institute such the quo warranto proceeding. The clerk of the
county commission shall, at the request of the Secretary of State or the clerk of the circuit court,
compare the information from any certificate to the county voter registration records in order to assist
in determining the validity of any certificates.
(f) Any person violating the provisions of this section, in addition to penalties prescribed
elsewhere for violation of this chapter, is guilty of a misdemeanor and, upon conviction, shall be
fined not more than one thousand dollars, or confined in jail for not more than one year, or both, in
the discretion of the court: Provided, That no criminal penalty may be imposed upon anyone who
signs a nomination certificate and votes in the primary election held after the date the certificate was
signed.
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-18. Unlawful voting in primary elections; penalties.
Any person voting, in any primary election, any ticket of a party other than that of which he is registered as a member, and any election officer receiving the vote of any such person, knowing,
or having reason to believe, that such voter is not a member of the party the ticket of which he is
voting; or who, having signed or joined in any petition or certificate nominating any candidate for
office, shall, at the primary election to be held to nominate candidates for the same office, vote at
such primary election; shall in each instance be guilty of a misdemeanor, and, on conviction thereof,
shall be fined not more than one thousand dollars, or be confined in the county jail for not more than
one year, or both, in the discretion of the court."
There being no further amendments, the bill was then ordered to third reading.
S. B. 667, Relating to motor fuel excise tax; on second reading, coming up in regular order,
was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page eight, section nine, line one hundred thirty-three, following the
colon, by striking out the words "Provided, That if the United States government, or any agency or
instrumentality thereof, does not pay the seller the tax imposed by section five of this article on any
purchase of tax previously paid motor fuel, the person selling the motor fuel to the United States
government, or its agencies or instrumentalities, may then claim a refund of the variable rate of tax
imposed by said section on those sales" and inserting in lieu thereof the words "Provided, That if
the United States government, or any agency or instrumentality thereof, does not pay the seller the
tax imposed by section five of this article on any purchase of motor fuel, the person selling tax
previously paid motor fuel to the United States government, or its agencies or instrumentalities, may
then claim a refund of the variable rate of tax imposed by said section on those sales".
There being no further amendments, the bill was then ordered to third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for S. B. 191, Relating to implementation of modified mental hygiene procedures,
S. B. 583, Relating to appealing orders from family court to circuit court,
S. B. 640, Allowing notary public and commissioner use stamped imprint,
S. B. 669, Transferring certain election duties from circuit clerk to clerk of county
commission,
And,
S. B. 699, Relating to shareholders' simultaneous participation in corporate meeting.
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 S. B. 191, on 1st reading, Consent Calendar, to the House Calendar, by
Delegate Trump.
Com. Sub. for S. B. 456, on 1st reading, Consent Calendar, to the House Calendar, by
Delegates Webster and Amores.
S. B. 669, on 1st reading, Consent Calendar, to the House Calendar, by Delegates Staton and
Stalnaker.
S. B. 664, on 2nd reading, Consent Calendar, to the House Calendar, by Delegate Staton and
Stalnaker.
And,
S. B. 667, on second reading, Consent Calendar, to the House Calendar, by Delegate
Stalnaker.
Special Calendar
Unfinished Business
H. C. R. 52, Requesting the West Virginia Division of Highways to name the bridge on I-64
at the intersection of Rt. 219 in Lewisburg, Greenbrier County, West Virginia the "Gary Wayne
Martini Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the
Clerk.
The question now being on the adoption of the resolution, Delegates Michael and Mahan
demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 424), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. C. R. 52) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 76, Requesting the Joint Committee on Government and Finance to conduct a study
regarding the state minimum wage rate and its effects; coming up in regular order, as unfinished
business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 78, Requesting that the Joint Committee on Government and Finance study the
awarding of state contracts, loans, grants and industrial revenue bonds to companies outsourcing
certain jobs; coming up in regular order, as unfinished business, was reported by the Clerk and
adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. C. R. 79, Requesting that the Joint Committee on Government and
Finance study the increasing drug problem in West Virginia ; coming up in regular order, as
unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
S. B. 253, Permitting Insurance Commissioner waive or reduce penalty for late filing of tax
returns; 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. 425),
and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Spencer.
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 253) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 426), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Hatfield.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 253) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 256, Requiring insurance companies inform policyholders if flood damage not covered;
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. 427),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 256) passed.
An amendment to the title of the bill, recommended by the Committee on Banking and Insurance, was reported by the Clerk and adopted, amending the title to read as follows:
S. B. 256 - "A Bill to repeal §33-22-2a of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated §33-17-6a; and to amend and reenact
§33-22-2 of said code, all relating to flood insurance; requiring that certain insurance documents
include a notice regarding the absence of flood insurance and the possible availability of flood
insurance from other sources; requiring that farmer's mutual insurance companies include the notice;
and making technical corrections to citations."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 268, Relating to underage possession of beer and liquor; penalty; 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. 428),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 268) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 459, Relating to reinsurance and insolvency liability; 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. 429),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 459) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 548, Relating to crime of assault and battery upon Public Service
Commission motor carrier inspectors; 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. 430),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 548) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 684, Relating to imposition of tax on privilege of severing natural gas or oil; on third
reading, coming up in regular order, with an amendment pending, was, on motion of Delegate
Staton, laid over one day.
Second Reading
Com. Sub. for S. B. 107, Relating to hunting with dogs on land of another without
permission; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page two, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 2. WILDLIFE RESOURCES.
§20-2-7. Hunting, trapping or fishing on lands of another; damages and compensation.
(a) It shall be is unlawful for any person to shoot, hunt, fish or trap upon the fenced, enclosed or posted grounds or lands of another person; or to peel trees or timber, build fires or do any other
act or thing thereon in connection with or auxiliary to shooting, hunting, fishing or trapping on such
lands without written permission in writing in his or her possession from the owner, tenant or agent
of such the owner. and every person hunting, fishing, shooting or fowling upon such lands shall have
in his possession such written permission when so doing.
(b) Any person who hunts, traps or fishes on land for the purpose of, or while hunting,
trapping or fishing, shall, without the permission of the owner, tenant or agent of the owner is guilty
of a misdemeanor and liable to the owner or person suffering damage for all costs and damages for:
enter upon the land of another and while thereon shall kill (1) killing or injuring injure any domestic
animal or fowl, or shall cut, destroy fowl; (2) cutting, destroying or damage damaging any bars, gates
or fence or any part thereof, or shall of the property; or leave (3) leaving open any bars or gates
thereon resulting in damage to the owner or occupant thereof, shall be guilty of a misdemeanor, and
in addition shall be liable to the owner or person suffering such damage for all costs and damages
resulting therefrom property.
It shall be lawful for the (c) The owner, lessee or the person entitled to the possession of such
lands, or the agent thereof, to tenant or agent of the owner may arrest any such a person found
violating this section and immediately take him or her before a justice of the peace for trial, and such
magistrate. The owner, lessee, person or agent tenant or agent of the owner is hereby vested with all
the powers and rights of a game protector conservation officer for such these purposes. The officers
charged with the enforcement of the provisions of this chapter shall have the duty to enforce the
provisions of this section if requested to do so by such the owner, lessee, person or agent tenant or
agent of the owner, but not otherwise.
(d) The provisions of subsections (b) and (c) of this section related to criminal penalties and
being subject to arrest are inapplicable to a person whose dog, without the person's direction or
encouragement, travels onto the fenced, enclosed or posted land of another in pursuit of an animal
or wild bird: Provided, That the pursuit does not result in the taking of game from the fenced, enclosed or posted land, and does not result in the killing of domestic animals or fowl or other
damage to or on the fenced, enclosed or posted land."
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 154, Relating to beneficial use of water treatment plant sludge; on
second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 214, Continuing Acupuncture Board; on second reading, coming up in regular order,
was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported
by the Clerk and adopted, amending the bill on page two, section twenty, by striking out everything
after the section heading and inserting in lieu thereof the following:
"Pursuant to the provisions of article ten, chapter four of this code, the West Virginia
Acupuncture Board shall continue to exist until the first day of July, two thousand eight, unless
sooner terminated, continued or reestablished."
There being no further amendments, the bill was then ordered to third reading.
S. B. 215 , Continuing Board of Accountancy; on second reading, coming up in regular order,
was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported
by the Clerk and adopted, amending the bill on page two, section thirty two, by striking out
everything after the section heading and inserting in lieu thereof the following:
"Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Board
of Accountancy shall continue to exist until the first day of July, two thousand seven, unless sooner
terminated, continued or reestablished."
There being no further amendments, the bill was then ordered to third reading.
Com. Sub. for S. B. 414, Relating to child passenger safety and booster seats; on second
reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 513, Relating to tax credits for qualified centers for economic development and technology advancement; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"ARTICLE 1. WEST VIRGINIA CAPITAL COMPANY ACT.
§5E-1-8. Tax credits.
(a) The total amount of tax credits authorized for a single qualified company may not exceed
two million dollars. The total amount of tax credits authorized for a single economic development
and technology advancement center may not exceed one million dollars. Capitalization of the
company or center may be increased pursuant to rule of the authority.
(b)(1) The total credits authorized by the authority for all companies and centers may not
exceed a total of ten million dollars each fiscal year: Provided, That for the fiscal year beginning
on the first day of July, one thousand nine hundred ninety-nine, the total credits authorized for all
companies may not exceed a total of six million dollars: Provided, however, That for the fiscal year
beginning on the first day of July, two thousand, the total credits authorized for all companies may
not exceed a total of four million dollars: Provided further, That for the fiscal year beginning on the
first day of July, two thousand one, the total credits authorized for all companies may not exceed a
total of four million dollars: And provided further, That for the fiscal year beginning on the first day
of July, two thousand two, the total credits authorized for all companies may not exceed a total of
three million dollars: And provided further, That for the fiscal year beginning on the first day of
July, two thousand three, the total credits authorized for all companies may not exceed a total of
three million dollars: And provided further, That for the fiscal year beginning on the first day of
July, two thousand four, the total credits authorized for all companies may not exceed a total of one
million dollars: And provided further, That for the fiscal year beginning on the first day of July, two
thousand five, there shall be no credits authorized: And provided further, That the capital base of
any qualified company other than an economic development and technology advancement center qualified under the provisions of article twelve-a, chapter eighteen-b of this code shall be invested
in accordance with the provisions of this article. The authority shall allocate these credits to
qualified companies and centers in the order that the companies are qualified.
(2) Not more than two million dollars of the credits allowed under subdivision (1) of this
subsection may be allocated by the authority during each fiscal year to one or more small business
investment companies described in this subdivision: Provided, That for the fiscal year beginning
on the first day of July, two thousand four, and for the fiscal year beginning on th first day of July,
two thousand five, no credits authorized by this section may be allocated by the authority to one or
more small business investment companies. After a portion of the credits are allocated to small
business investment companies as provided in this section, not more than one million dollars of the
credits allowed under subdivision (1) of this subsection may be allocated by the authority during
each fiscal year to one or more economic development and technology advancement centers qualified
by the authority under article twelve-a, chapter eighteen-b of this code: Provided, however, That for
the fiscal year beginning on the first day of July, two thousand four, all of the credits allowed under
subdivision (1) of this subsection shall be allocated only to one or more qualified economic
development and technology advancement centers: Provided further, That for the fiscal year
beginning on the first day of July, two thousand five, no credits allowed under subdivision (1) of this
subsection shall be allocated to any qualified economic development and technology advancement
center. The remainder of the tax credits allowed during the fiscal year shall be allocated by the
authority under the provisions of section four, article two of this chapter: Provided further, That for
the fiscal year beginning on the first day of July, two thousand four, and for the fiscal year beginning
on the first day of July, two thousand five, no credits authorized by this section may be allocated by
the authority to a taxpayer pursuant to the provisions of section four, article two of this chapter. The
portion of the tax credits allowed for small business investment companies described in this
subdivision shall be allowed only if allocated by the authority during the first ninety days of the fiscal
year and may only be allocated to companies that: (A) Were organized on or after the first day of January, one thousand nine hundred ninety-nine; (B) are licensed by the small business
administration as a small business investment company under the small business investment act; and
(C) have certified in writing to the authority on the application for credits under this act that the
company will diligently seek to obtain and thereafter diligently seek to invest leverage available to
the small business investment companies under the small business investment act. These credits
shall be allocated by the authority in the order that the companies are qualified. The portion of the
tax credits allowed for economic development and technology advancement centers described in
article twelve-a, chapter eighteen-b of this code shall be similarly allowed only if allocated by the
authority during the first ninety days of the fiscal year. Any credits which have not been allocated
to qualified companies meeting the requirements of this subdivision relating to small business
investment companies or to qualified economic development and technology advancement centers
during the first ninety days of the fiscal year shall be made available and allocated by the authority
under the provisions of section four, article two of this chapter: And provided further, That for the
fiscal year beginning on the first day of July, two thousand four, and for the fiscal year beginning on
the first day of July, two thousand five, no credits authorized by this section may be allocated by the
authority to a taxpayer pursuant to the provisions of section four, article two of this chapter.
(3) Notwithstanding any provision of this code or legislative rule promulgated thereunder to
the contrary, for the fiscal year beginning on the first day of July, two thousand four, and for the
fiscal year beginning on the first day of July, two thousand five, the authority has the sole discretion
to allocate or refuse to allocate tax credits authorized under this section to any qualified economic
development and technology advancement center upon its determination of the extent to which the
center will fulfill the purposes of this article. The determination shall be based upon the application
of the center, the extent to which the company or center fulfilled those purposes in prior years after
receiving tax credits authorized under this section, the extent to which the center is expected to
stimulate economic development and high technology research in the chemical industry and such
other similarly related criteria as the authority may establish by vote of the majority of authority.
(c) Any investor, including an individual, partnership, limited liability company, corporation
or other entity who makes a capital investment in a qualified West Virginia capital company, is
entitled to a tax credit equal to fifty percent of the investment, except as otherwise provided in this
section or in this article: Provided, That the tax credit available to investors who make a capital
investment in an economic development and technology advancement center shall be one hundred
percent of the investment. The credit allowed by this article shall be taken after all other credits
allowed by chapter eleven of this code. It shall be taken against the same taxes and in the same order
as set forth in subsections (c) through (i), inclusive, section five, article thirteen-c, chapter eleven of
this code. The credit for investments by a partnership, limited liability company, a corporation
electing to be treated as a subchapter S corporation or any other entity which is treated as a pass
through entity under federal and state income tax laws may be divided pursuant to election of the
entity's partners, members, shareholders or owners.
(d) The tax credit allowed under this section is to be credited against the taxpayer's tax
liability for the taxable year in which the investment in a qualified West Virginia capital company
or economic development and technology advancement center is made. If the amount of the tax
credit exceeds the taxpayer's tax liability for the taxable year, the amount of the credit which exceeds
the tax liability for the taxable year may be carried to succeeding taxable years until used in full or
until forfeited: Provided, That: (i) Tax credits may not be carried forward beyond fifteen years; and
(ii) tax credits may not be carried back to prior taxable years. Any tax credit remaining after the
fifteenth taxable year is forfeited.
(e) The tax credit provided for in this section is available only to those taxpayers whose
investment in a qualified West Virginia capital company or economic development and technology
advancement center occurs after the first day of July, one thousand nine hundred eighty-six.
(f) The tax credit allowed under this section may not be used against any liability the taxpayer
may have for interest, penalties or additions to tax.
(g) Notwithstanding any provision in this code to the contrary, the tax commissioner shall publish in the state register the name and address of every taxpayer and the amount, by category, of
any credit asserted under this article. The categories by dollar amount of credit received are as
follows:
(1) More than $1.00, but not more than $50,000;
(2) More than $50,000, but not more than $100,000;
(3) More than $100,000, but not more than $250,000;
(4) More than $250,000, but not more than $500,000;
(5) More than $500,000, but not more than $1,000,000; and
(6) More than $1,000,000."
There being no further amendments, the bill was then ordered to third reading.
S. B. 582, Granting concurrent jurisdiction to family court and circuit court to set support in
abuse and neglect cases; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page two, following the enacting clause, by striking out the
remainder of the bill, and inserting in lieu thereof the following:
"That §51-2A-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted
to read as follows:
ARTICLE 2A. FAMILY COURTS.
§51-2A-2. Family court jurisdiction; exceptions; limitations.
(a) The family court shall exercise jurisdiction over the following matters:
(1) All actions for divorce, annulment or separate maintenance brought under the provisions
of article three, four or five, chapter forty-eight of this code except as provided in subsections (b) and
(c) of this section;
(2) All actions to obtain orders of child support brought under the provisions of articles
eleven, twelve and fourteen, chapter forty-eight of this code;
(3) All actions to establish paternity brought under the provisions of article twenty-four, chapter forty-eight of this code and any dependent claims related to such actions regarding child
support, parenting plans or other allocation of custodial responsibility or decision-making
responsibility for a child;
(4) All actions for grandparent visitation brought under the provisions of article ten, chapter
forty-eight of this code;
(5) All actions for the interstate enforcement of family support brought under article sixteen,
chapter forty-eight of this code and for the interstate enforcement of child custody brought under the
provisions of article twenty of said chapter;
(6) All actions for the establishment of a parenting plan or other allocation of custodial
responsibility or decision-making responsibility for a child, including actions brought under the
uniform child custody jurisdiction and enforcement act, as provided in article twenty, chapter forty-
eight of this code;
(7) All petitions for writs of habeas corpus wherein the issue contested is custodial
responsibility for a child;
(8) All motions for temporary relief affecting parenting plans or other allocation of custodial
responsibility or decision-making responsibility for a child, child support, spousal support or
domestic violence;
(9) All motions for modification of an order providing for a parenting plan or other allocation
of custodial responsibility or decision-making responsibility for a child or for child support or
spousal support;
(10) All actions brought, including civil contempt proceedings, to enforce an order of spousal
or child support or to enforce an order for a parenting plan or other allocation of custodial
responsibility or decision-making responsibility for a child;
(11) All actions brought by an obligor to contest the enforcement of an order of support
through the withholding from income of amounts payable as support or to contest an affidavit of
accrued support, filed with the circuit clerk, which seeks to collect an arrearage;
(12) All final hearings in domestic violence proceedings;
(13) Petitions for a change of name, exercising concurrent jurisdiction with the circuit court;
(14) All proceedings for payment of attorney fees if the family court judge has jurisdiction
of the underlying action;
(15) All proceedings for property distribution brought under article seven, chapter forty-eight
of this code;
(16) All proceedings to obtain spousal support brought under article eight, chapter forty-eight
of this code; and
(17) All proceedings relating to the appointment of guardians or curators of minor children
brought pursuant to sections three, four and six, article ten, chapter forty-four of this code, exercising
concurrent jurisdiction with the circuit court; and
(18) Concurrently with the circuit court, all proceedings to set support obligations in cases
arising under the provisions of articles five, six and seven, chapter forty-nine of this code.
(b) If an action for divorce, annulment or separate maintenance does not require the
establishment of a parenting plan or other allocation of custodial responsibility or decision-making
responsibility for a child and does not require an award or any payment of child support, the circuit
court has concurrent jurisdiction with the family court over the action if, at the time of the filing of
the action, the parties also file a written property settlement agreement executed by both parties.
(c) If an action for divorce, annulment or separate maintenance is pending and a petition is
filed pursuant to the provisions of article six, chapter forty-nine of this code alleging abuse or neglect
of a child by either of the parties to the divorce, annulment or separate maintenance action, the orders
of the circuit court in which the abuse or neglect petition is filed shall supercede and take precedence
over an order of the family court respecting the allocation of custodial and decision-making
responsibility for the child between the parents. If no order for the allocation of custodial and
decision-making responsibility for the child between the parents has been entered by the family court
in the pending action for divorce, annulment or separate maintenance, the family court shall stay any further proceedings concerning the allocation of custodial and decision-making responsibility for the
child between the parents and defer to the orders of the circuit court in the abuse or neglect
proceedings.
(d) A family court is a court of limited jurisdiction. A family court is a court of record only
for the purpose of exercising jurisdiction in the matters for which the jurisdiction of the family court
is specifically authorized in this section and in chapter forty-eight of this code. A family court may
not exercise the powers given courts of record in section one, article five of this chapter or exercise
any other powers provided for courts of record in this code unless specifically authorized by the
Legislature. A family court judge is not a 'judge of any court of record' or a 'judge of a court of
record' as the terms are defined and used in article nine of this chapter."
There being no further amendments, the bill was then ordered to third reading.
S. B. 616, Relating to priority of legislative business for members and certain employees of
Legislature; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Amores, the bill was amended on page one, after the enacting clause,
by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §4-1-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that said Code be further amended, by adding thereto a new article, designated §4-1A-1, §4-1A-
2, §4-1A-3, §4-1A-4, §4-1A-5, §4-1A-6, §4-1A-7, §4-1A-8, §4-1A-9, §4-1A-10, §4-1A-11, §4-1A-
12, §4-1A-13, §4-1A-14, §4-1A-15, and §4-1A-16, all to read as follows:
ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF
CAPITOL BUILDING; PREFILING OF BILLS AND
RESOLUTIONS; STANDING COMMITTEES; INTERIM
MEETINGS; NEXT MEETING OF THE SENATE.
§4-1-17. Priority of legislative business for members and designated employees.
(a) In accordance with the constitutional separation of powers and principles of comity, it is the purpose of this section to provide that members of the Legislature and certain designated
legislative employees are not required to attend to matters pending before tribunals of the executive
and judicial branches of government when the timing of those matters may present conflicts with the
discharge of the public duties and responsibilities that are incumbent upon members or employees
of the Legislature. During legislative sessions or meetings and for reasonable time periods before
and after, the judicial and executive branches should refrain from requiring the personal presence
and attention of a legislator or designated employee who is engaged in conducting the business of
the Legislature.
(b) For the purposes of this section, the words or terms defined in this subsection have the
meanings ascribed to them. These definitions are applicable unless a different meaning clearly
appears from the context.
(1) 'Applicable time period' means and includes the following:
(A) The ten-day time period immediately before any regular or extraordinary session of the
Legislature;
(B) The time period during any regular or extraordinary session of the Legislature;
(C) The thirty-day time period immediately following the adjournment sine die of any regular
or extraordinary session of the Legislature;
(D) The four-day time period before any interim meetings of any committee of the
Legislature or before any party caucus;
(E) The time period during any interim meetings of the Legislature or any party caucus; or
(F) The four-day time period following the conclusion of any interim meetings of any
committee of the Legislature or party caucus.
(2) 'Designated employee' means any legislative employee designated in writing by the
Speaker of the West Virginia House of Delegates to the Clerk of the House of Delegates or by the
President of the West Virginia Senate to the Clerk of the West Virginia Senate to be necessary to the
operation of the Legislature, such that the legislative employee will be afforded the protections of this section.
(3) 'Member' means a member of the West Virginia House of Delegates or the West Virginia
Senate.
(4) 'Tribunal' means a judicial or quasijudicial entity of the judicial or executive branch of
government, or any legislative, judicial or quasijudicial entity of a political subdivision, created or
authorized under the Constitution or laws of this state.
(c) A notice filed with a tribunal pursuant to subsection (e) of this section operates as an
automatic stay of a judicial or administrative action or proceeding commenced before or after the
notice was filed. The automatic stay is in force for the applicable time period or periods described
in the notice unless it is otherwise waived in accordance with the provisions of subsection (f) of this
section. In the event a session or meeting of the Legislature is extended, the notice may be amended
to reflect a longer applicable time period. The filing of the notice and the automatic stay do not
prohibit the commencement of an action or proceeding, the issuance or employment of process, or
other preliminary procedures that do not require the presence or personal attention of the member
or designated employee.
(d) During any applicable time period, a member or designated employee who does not
otherwise consent to a waiver of the stay is not required to do any of the following:
(1) Appear in any tribunal, whether as an attorney, party, witness or juror;
(2) Respond in any tribunal to any complaint, petition, pleading, notice or motion that would
require a personal appearance or the filing of a responsive pleading;
(3) File in any tribunal any brief, memorandum or motion;
(4) Respond to any motion for depositions upon oral examination or written questions;
(5) Respond to any written interrogatories, request for production of documents or things,
request for admissions or any other discovery procedure, whether or not denominated as such; or
(6) Appear or respond to any other act or thing in the nature of those described in subdivision
(1), (2), (3), (4) or (5) of this subsection; or
(7) Make any other appearance before a tribunal or attend to any other matter pending in a
tribunal that in the discretion of the member or designated employee would inhibit the member or
designated employee in the exercise of the legislative duties and responsibilities owed to the public.
(e) A member or designated employee who desires to exercise the protections afforded by
this section shall not be required to appear in any tribunal to assert the protections. In all cases, it
shall be sufficient if the member or designated employee notifies the tribunal in question orally or
in writing, stating that he or she is invoking the protections of this section, describing the action,
proceeding or act to be stayed, and further identifying the applicable period or periods for which the
notice will operate as a stay. An oral communication with the tribunal shall be followed by a written
notice or facsimile transmission to the tribunal mailed or transmitted no later than two business days
after the oral communication. From the time of the oral communication or the mailing or
transmission of the written notice, whichever is earlier, the notice operates as a stay of all
proceedings in the pending matter until the applicable time periods have passed and expired.
(f) Notwithstanding the filing of a notice that operates as a stay, a member or designated
employee may later consent to waive the stay and make an appearance or attend to a matter that
would otherwise be stayed. However, a waiver as to a particular appearance or act does not
terminate, annul, modify or condition the stay for any other purpose.
(g) The deference afforded by this section to members and designated employees who are
serving a client in a representative capacity is also fully and completely extended to their clients, so
that no person whose representative before a tribunal is a member or designated employee may be
required, during any applicable time period, to do anything that his or her representative is not
required to do under subsection (d) of this section.
(h) Unless the member or designated employee consents thereto, no cocounsel, partner,
associate, spouse or employee of the member or designated employee may be required to make any
appearance or do any act during any applicable time period in the place and stead of the member or
designated employee.
(i) Any sentence, judgment, order, decree, finding, decision, recommendation or award made
contrary to the provisions of this section in any action or proceeding in any tribunal, without the
consent of the member or designated employee, is void.
(j) Tribunals of the federal government and those of other states are requested to honor the
spirit and purpose of this section pursuant to the doctrines of comity and federalism. Further, it is
the policy of this state that tribunals of this state shall afford to legislators and staff personnel of the
federal government and other states the protections afforded by the provisions of this section if the
tribunals of the federal government and the other jurisdictions afford members or designated
employees of the West Virginia Legislature the same protections in their tribunals.
ARTICLE 1A. LEGISLATIVE IMMUNITY.
§4-1A-1. Purpose; legislative findings and declarations.
(a) The purpose of this article is to describe the scope and limitations of legislative immunity
provided by:
(1) English common law;
(2) The Speech or Debate Clause of the United States Constitution, Article I, Section 6;
(3) Decisions regarding Legislative immunity as developed in Federal Common law by the
federal judiciary in interpreting the Speech or Debate Clause of the United States Constitution,
Article I, Section 6;
(5) The Speech or Debate Clause of the West Virginia Constitution, Article VI, Section 17;
(6) The Separation of Powers Doctrine and the system of checks and balances embodied in
the United States Constitution; and
(7) The Division of Powers set forth in the West Virginia Constitution, Article V, Section
1.
(b) The Legislature finds and declares as follows:
(1) That the privilege of Speech or Debate has been recognized as an important protection
of the independence and integrity of the Legislature.
(2) That the ancestry of this privilege traces back to a clause in the English Bill of Rights of
1689, and the history traces even further back, almost to the beginning of the development of the
English Parliament as an independent force.
(3) That in the American governmental structure, privileges arising under the Speech or
Debate Clause reinforce the Separation of Powers Doctrine and the system of checks and balances
that was so deliberately established by the founding fathers and was carried over into the West
Virginia Constitution.
(4) That the protections provided by the Speech or Debate Clause and the Separation of
Powers Doctrine were not written into the national and state Constitutions simply for the personal
or private benefit of members of Congress, the state Legislatures and local governing bodies, but
were intended to protect the integrity of the legislative process by insuring the independence of
individual legislators.
§4-1A-2. Applicability of definitions.
For the purposes of this article, the words or terms defined in this article have the meanings
ascribed to them. These definitions are applicable unless a different meaning clearly appears from
the context.
§4-1A-3. Legislative act defined.
'Legislative act' means an act that is generally to be performed by the Legislature in relation
to the investigative, deliberative and decision-making business before it. A 'legislative act':
(1) Is an integral part of the processes by which members participate in proceedings that
come before the Senate or House of Delegates or a committee thereof, and
(2) Relates to the consideration and passage or rejection of proposed legislation, or
(3) Relates to other matters that constitutional law places within the jurisdiction of either the
Senate, the House of Delegates or the legislative branch of state government as a whole.
§4-1A-4. Legislative sphere defined.
The 'legislative sphere' includes all activities that are an integral part of the deliberative and communicative processes by which members of the legislature participate in committee and house
proceedings with respect to the consideration and passage or rejection of proposed legislation or with
respect to other matters which the Constitution places within the jurisdiction of either house.
§4-1A-5. Political act defined.
'Political act' means an act, nonetheless legitimate, that is political in nature rather than being
a legislative act as defined in section three of this article.
§4-1A-6. Scope of legislative immunity generally.
(a) Legislative immunity, affording protection under the Separation of Powers Doctrine and
the Speech or Debate privilege, extends to all of a legislator's legislative acts, as defined in section
three of this article.
(b) The Speech or Debate privilege, when it applies, is absolute and has two aspects:
(1) A member of the Legislature has immunity extending both to civil suits and criminal
prosecutions for all actions within the legislative sphere, even though the conduct, if performed in
other than a legislative context, would in itself be unconstitutional or otherwise contrary to criminal
or civil statutes; and
(2) A member of the Legislature is provided a testimonial privilege that operates to protect
those to whom it applies from being compelled to give testimony as to privileged matters and from
being compelled to produce privileged documents.
§4-1A-7. Legislative immunity in specific instances.
The scope of legislative immunity includes, but is not limited to, the following legislative
acts:
(1) Introducing and voting for legislation;
(2) Failing or refusing to vote or enact legislation;
(3) Voting to seat or unseat a member;
(4) Voting on the confirmation of an executive appointment;
(5) Making speeches;
(6) Enforcing the rules of the Senate or House of Delegates or the joint rules of the
Legislature;
(7) Serving as a member of a committee or subcommittee;
(8) Conducting hearings and developing legislation;
(9) Investigating the conduct of executive agencies;
(10) Publishing and distributing reports;
(11) Composing and sending letters;
(12) Drafting memoranda and documents;
(13) Lobbying other legislators to support or oppose legislation;
(14) Abolishing personnel positions; and
(15) Hiring and firing employees.
§4-1A-8. Actions taken without lawful authority are not immune.
Legislative immunity does not extend to activities by legislators that are without lawful
authority under constitutional law, statutory law, or rules of the legislature, including, but not limited
to, the following:
(1) Using an unconstitutional procedure to enact legislation;
(2) Conducting an illegal investigation or an unlawful search or seizure;
(3) Performing another otherwise valid legislative act without proper legislative authority;
(4) Filing a false or incomplete report, disclosure or claim regarding an otherwise valid
legislative act; or
(5) Using legislative office for private gain in violation of the provisions of chapter six-b of
this code that define and enforce governmental ethics.
§4-1A-9. Political acts are not privileged.
Legislative immunity does not extend to political acts, including, but not limited to, the
following:
(1) Communications to the press through letters, electronic mail, newsletters or news releases: Provided, That the release of pending legislation, committee reports, journals, acts and
other official legislative reports and documents is a legitimate legislative activity;
(2) Privately releasing a republication of a speech made within the legislative sphere;
(3) Holding a press conference;
(4) Making speeches or giving interviews outside of the legislative sphere; or
(5) Assisting a constituent or supporter through constituent services, including, but not
limited to, making appointments with government agencies, attempting to influence discretionary
acts of a government officer, or providing assistance in securing government contracts.
§4-1A-10. Administrative acts are not immune.
(a) Legislative immunity does not extend to activities by legislators that are administrative
in nature rather than legislative. If the underlying facts on which a decision is based are legislative
facts involving establishment of a general policy or state of affairs, then the decision is legislative.
If the facts used in the decision-making are more specific, such as those that relate to particular
individuals or situations, then the decision is administrative.
(b) With regard to legislative personnel matters, whether a personnel decision regarding a
legislative employee is shielded by legislative immunity depends upon the nature of the duties of the
employee about whom the personnel decision is made. Personnel decisions regarding a legislative
employee are afforded immunity if the employee's duties are directly related to the functioning of
the legislative process, and the duties:
(1) Involve work that significantly informs or influences the shaping of laws, such as when
the employee has an opportunity for meaningful input into the legislative process; or
(2) Are peculiar to a legislator's work as a legislator or intimately cognate to the legislative
process.
§4-1A-11. Certain offers of proof about legislative activities not prohibited.
(a) Proof of a person's status as a member of the Legislature is not prohibited.
(b) A member of the Legislature who chooses to offer evidence of legislative acts as a defense to a criminal prosecution has not been 'questioned,' even though the member thereby
subjects himself or herself to cross-examination.
§4-1A-12. Legislative acts of legislative staff, aides or assistants.
Legislative immunity extends to legislative staff, aides or assistants working on behalf of a
legislator. Inquiry is prohibited into things done as a legislator's staff member, aide or assistant
which would have been legislative acts if performed by the legislator personally.
§4-1A-13. Legislative immunity from ultimate relief.
Legislative immunity may be invoked to shield a legislator from judicially ordered relief,
including, but not limited to the following:
(1) Criminal prosecution for his or her legislative acts;
(2) Liability for damages for his or her legislative acts;
(3) Declaratory judgments;
(4) Injunctive relief; and
(5) Extraordinary writs.
§4-1A-14. Testimonial immunity.
(a) Testimonial immunity is an aspect of legislative immunity that protects a legislator from
questioning elsewhere than in the legislative forum.
(b) When a legislator has been improperly questioned before a grand jury concerning
legislative acts, the counts in a criminal indictment that are based on the testimony must be
dismissed.
(c) When a legislator is found to be immune from a civil complaint, the relief to be granted
is to have the complaint dismissed or to have a writ of prohibition issued to stop further proceedings.
(d) In the case of a subpoena that seeks to improperly question a legislator's conduct as to
legislative acts, to depose a legislator or to seek disclosure as to any matters pertaining to the
memoranda, documents or actions by a legislator which are or were in connection with the legislative
process, the subpoenas may be quashed or the court may grant a motion for a protective order.
§4-1A-15. Right to interlocutory appeal.
Denial of a claim of legislative immunity is immediately appealable under the collateral order
doctrine because the Speech or Debate Clause is designed to protect legislators not only from the
consequences of litigation's results but also from the burden of defending themselves.
§4-1A-16. Common law regarding legislative immunity not affected by the enactment of this
article.
The Legislature of the state of West Virginia, in codifying certain elements and doctrines of
the common law regarding legislative immunity through the enactment of this article, does not intend
to narrow the common law definition of legislative immunity that is afforded the Legislature under
the speech or debate privilege and the separation or division of powers, and does not, with the
enactment of this article, otherwise revoke or abrogate any portion of the common law. This article
shall not be construed so as to narrow, restrict, revoke or abrogate the common law."
Delegate Frich requested the Clerk to record her as voting "Nay" on the adoption of the
foregoing amendment.
There being no further amendments, the bill was then ordered to third reading.
S. B. 639, Defining "electronic postmark"; on second reading, coming up in regular order,
was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page three, section one, line twenty-seven, following the word
"proof" by inserting the words "that an electronic document existed in a certain form at a certain time
and".
And,
On page seven, section three, line thirty-nine, following the word "postmarks" by inserting
a new subsection, designated subsection (d), to read as follows:
"(d) Nothing contained in this article may be construed to authorize the use of electronic
signatures, electronic postmarks, or both, to effect service of a summons and complaint."
There being no further amendments, the bill was then ordered to third reading.
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to third reading:
S. B. 644, Defining certain terms used in consumers sales and service tax,
S. B. 650, Relating to small claims hearings by Office of Tax Appeals,
S. B. 731, Making supplementary appropriation of federal funds to Department of
Transportation, Division of Public Transit,
S. B. 732, Making supplementary appropriation from state fund to Department of
Transportation, Aeronautics Commission,
S. B. 733, Making supplementary appropriation of federal funds to Department of
Transportation, Aeronautics Commission,
S. B. 734, Making supplementary appropriation of federal funds to Miscellaneous Boards and
Commissions, State Mapping and Addressing Board,
S. B. 739, Making supplementary appropriation to Department of Health and Human
Resources, Division of Health, Hepatitis B Vaccine,
And,
S. B. 744, Clarifying criteria for employee to sustain lawsuit for intentional injury.
First Reading
Com. Sub. for S. B. 399, Relating to ability of physician to refuse to provide medical
treatment in certain cases; on first reading, coming up in regular order, was read a first time and
ordered to second reading:
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leave of absence for the day
was granted Delegate Fragale.
Miscellaneous Business
Delegate Long announced that he was absent when the votes were taken on Roll Nos. 392 through 397 on March 31st and April 1st, and had he been present he would have voted "Yea"
thereon.
At 1:12 p.m., on motion of Delegate Staton, the House of Delegates recessed until 7:30 p.m.,
and reconvened at that time.
*************
Evening Session
*************
Messages from the Executive
The Speaker laid before the House of Delegates a Proclamation from His Excellency, the
Governor, which was read by the Clerk as follows:
State of West Virginia
EXECUTIVE DEPARTMENT
At Charleston
A PROCLAMATION
By the Governor
Whereas, The Constitution of West Virginia delineates the respective powers, duties and
responsibilities of the three separate branches of government; and
Whereas, Article VI, Section 22 of the Constitution of West Virginia provides that this
regular session of the Legislature not exceed sixty calendar days computed from and including the
second Wednesday of February; and
Whereas, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2005
regular session of the Legislature concludes on April 9, 2005; and
Whereas, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal
authority of the Governor and the Legislature relating to the preparation and enactment of the Budget
Bill; and
Whereas, Subsection D of said section requires the Governor to issue a proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been fully acted upon
by the Legislature three days before the expiration of its regular session; and
Whereas, The Legislature has not finally acted upon the Budget Bill three days before the
expiration of this current regular session of the State Legislature.
NOW, THEREFORE, I, JOE MANCHIN III, GOVERNOR of the State of West Virginia,
do hereby issue the following proclamation, in accordance with Article VI, Section 51, Subsection
D(8) of the Constitution of West Virginia, extending this regular session of the State Legislature for
consideration of the Budget Bill for a period not to exceed six days beyond the conclusion of this
regular session, including any extension thereof, under the provisions of Article VI, Section 22 of
the Constitution of West Virginia; but no matters other than the Budget Bill and a provision for the
cost of said extended session shall be considered during this extension of the session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the
State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State
of West Virginia, on this the sixth day of April, in the
year of our Lord, Two Thousand Five, and in the One
Hundred Forty-Second year of the State.
Joe Manchin III
Governor.
By the Governor
Betty Ireland,
Secretary of State
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 751, Making supplementary appropriation to Department of Transportation, Division
of Motor Vehicles,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 751)
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 433, Increasing membership of Environmental Protection Advisory Council,
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.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 433)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on the Judiciary..
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 558, Relating to management and investment of public funds,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 588) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 498, Clarifying responsibility of Prosecuting Attorneys Institute; other
provisions,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 498) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 439, Exempting certain carriers of solid waste from certificate of
convenience requirements,
And reports the same back, without recommendation as to its passage, but that it be taken up
and read a first time prior to being recommitted to the Committee on Government Organization.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 439) was taken up for immediate consideration, read a first time, ordered to second reading
and then recommitted to the Committee on Government Organization.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 728, Relating to disposition of state surplus property,
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
Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 728)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
On motion for leave, a resolution was introduced (Originating in the Committee on
Agriculture and Natural Resources and reported with the recommendation that it be adopted, but first
be referred to the Committee on Rules), which was read by its title, as follows:
By Delegates Stemple, Argento, Beach, Crozier, Eldridge, Louisos, Martin, Paxton,
Poling, Tabb, Wells, Williams, Leggett, Overington, Romine, Hamilton and Anderson:
H. C. R. 91 - "Requesting the Joint Committee on Government and Finance to conduct a
study of certain subjects relating to the State's Natural Resources."
Whereas, Albino deer are rare, in part, because being totally white makes concealment
difficult; and
Whereas, Albinism is the total absence of body pigment and not all white deer are true
albinos, some having normally pigmented noses, eyes and hooves and others having only patches
of white hair; and
Whereas, Upland game birds consist of pheasants, quails and partridges; and
Whereas, Upland game bird hunting enthusiasts are dedicated hunters and have concerns
about the continued hunting of upland game birds; and
Whereas, Resident landowners, their resident children and resident parents may hunt, trap
or fish on their own land, regardless of the amount of land owned, during open season without
obtaining a hunting license;
Whereas, Owners have the right to post their property with signs, but not otherwise, to
prohibit hunting, trapping and fishing; and
Whereas, Conservation Officers have the responsibility to enforce all of the laws relating to the state's natural resource programs including wildlife resources, forests and wildlife areas, parks
and recreations, motorboating and littering, along with certain arrest powers for acts committed on
national forest lands, waters and parks, and U.S. Army Corps of Engineers property located within
the borders of this State; and
Whereas, Litter detracts from the natural beauty of the State and there may be a need for
increased litter control enforcement;
Whereas, It is the Legislature's intent to look into the advantages and disadvantages of
hunting albino deer, stalking upland birds, and unlicensed landowner hunting, and the advantages,
disadvantages and feasibility of posting property using paint, authorizing a volunteer litter reporting
program and paying conservation officers on par with other state police; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the hunting of
albino deer and upland birds; the posting of private property closed to hunting and resident
landowner hunting; pay parity, including retirement pay, of conservation officers; and litter control
enforcement; and, be it
Further Resolved, That the Joint Committee on Government and Finance 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 legislative appropriations to the Joint Committee on
Government and Finance.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on
Agriculture and Natural Resources and reported with the recommendation that it be adopted, but first
be referred to the Committee on Rules), which was read by its title, as follows:
By Delegates Beach, Stemple, Tabb, Crozier, Argento, Eldridge, Ennis, Louisos, Martin, Paxton, Poling, Swartzmiller, Wells, Williams, Canterbury, Hamilton Leggett
and Overington:
H. C. R. 92 - "Requesting the Joint Committee on Government and Finance to conduct a
study of the production of bio-diesel fuels technology as it relates to animal wastes."
Whereas, the technology related to producing bio-diesel fuels exists within the State of
West Virginia; and
Whereas, bio-diesel fuels can provide an alternative energy fuel method for both home and
commercial applications; and
Whereas, bio-diesel fuels technology patents exist in part and as whole components;
Whereas, It is the Legislature's intent to look into the advantages, disadvantages and
feasibility of using bio-diesels fuels as an alternative or extension of traditional fuels; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance conduct a study of the use and the
economic value associated with the practical application of bio-diesel fuels from both a commercial
and individual perspective; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation, be paid from legislative appropriations to the Joint Committee on
Government and Finance.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
On motion for leave, resolutions were introduced (Originating in the Committee on Finance
and reported with the recommendation that they be adopted), which were read by their titles, as
follows:
By Delegates Michael, Doyle, Kominar, Stalnaker, Proudfoot, Ron Thompson, H.
White, Cann, Williams, Palumbo, Frederick, Houston, Susman, Boggs, Varner, Hall,
Anderson, Ashley, Carmichael, Evans and G. White:
H. C. R. 93 - "Providing for the issuance of not to exceed three hundred seventy-five million
dollars of refunding bonds pursuant to the 'Safe Roads Amendment of 1996', article two-g, chapter
thirteen and article twenty-six, chapter seventeen of the code of West Virginia."
Resolved by the Legislature of West Virginia:
That safe road refunding bonds in the principal amount not to exceed three hundred seventy-
five million dollars are authorized to be issued by the State of West Virginia and sold by the
Governor during the fiscal year ending the thirtieth day of June, two thousand five; and, be it
Further Resolved, That the bonds shall be issued in registered form, in such denominations,
maturing at such times and bearing such date or dates as the Governor may determine: Provided, that
the average maturity of the bonds to be issued shall not exceed the average maturity of the refunded
bonds: Provided, however, that the refunding issue be structured to provide for approximately level
annual debt service savings each fiscal year through the final maturity or that the refunding issue be
structured to approximate the level of debt service that would have been paid prior to the refunding,
with a preponderance of the savings being deferred toward eliminating or reducing the most distant
maturities; and, be it
Further Resolved, That all such bonds shall be payable at the office of the Treasurer of the
State of West Virginia, or at some bank in the city of Charleston to be designated by the Governor;
and, be it
Further Resolved, That the bonds shall bear interest at rates and be payable in amounts as
determined by the Governor; and, be it
Further Resolved, That the State Treasurer shall pay the principal and/or interest then due
on the bonds to the registered owners thereon at the addresses shown by the record of registration;
and, be it
Further Resolved, That the bonds shall be signed as provided in section two, article twenty-
six, chapter seventeen of the code of West Virginia; and, be it
Further Resolved, That the bonds may be redeemable on such date or dates prior to maturity as determined by the Governor; and, be it
Further Resolved, That the Governor shall sell the bonds herein mentioned at such time or
times in such amounts, not exceeding the aggregate principal amount described above, at such prices
during the fiscal year as he may determine necessary to provide funds for the purposes provided
below; and, be it
Further Resolved, That the net proceeds of sales of all bonds herein authorized shall be paid
into a special and irrevocable trust fund, separate and apart from other funds of the State of West
Virginia, to be held in the custody of an escrow trustee to be designated by the Governor; and, be it
Further Resolved, That an irrevocable deposit of said moneys in trust for, and such moneys
and the investments thereof, together with any income or interest earned thereon, shall be applied
to the payment of the principal of and interest on certain issued and outstanding safe road bonds, to
be selected by the Governor, as the same become due and payable.
And,
By Delegates Michael, Leach, Kominar, Stalnaker, Proudfoot, Ron. Thompson, H.
White, Cann, Williams, Palumbo, Frederick, Houston, Susman, Browning, Boggs,
Varner, Hall, Anderson, Ashley, Carmichael, Evans, Wakim, G. White and Border:
H. C. R. 94 - "Requesting the Joint Committee on Government and Finance to study the
actions that may be undertaken to ensure the competitiveness of West Virginia's coal industry and
sustained production in excess of one hundred forty-four million tons each year."
Whereas, Coal is an integral component of West Virginia's history, society and economy;
Whereas, The West Virginia coal industry directly employees over forty thousand
individuals at an average annual wage in excess of fifty-three thousand dollars per year and provides
benefits to them and their families;
Whereas, West Virginia's citizens and those of other states and nations rely daily on West
Virginia coal for energy and metallurgy in their productive and private lives;
Whereas, West Virginia's coal industry underwrites much of the State budget through
severance, additional severance, transportation, business franchise, corporate net income and other taxes with in excess of two hundred sixty-five million dollars in severance taxes alone flowing to
the State General Revenue Fund;
Whereas, West Virginia's coal industry also underwrites much of the budgets of each of the
State's political subdivisions with more than eighteen million dollars each year flowing to counties
and municipalities;
Whereas, West Virginia has nearly fifty-three billion tons of recoverable coal reserves,
enough for more than three hundred fifty years of production at current production levels;
Whereas, West Virginia coal and coal miners are the world's finest and the State possesses
clear competitive and natural advantages in coal production in the world market place;
Whereas, Scarcity of petroleum, natural gas and other fossil fuels and energy sources and
fine metallurgical coal itself and advances in clean coal technologies bode well for sustaining or
increasing the coal demand and price levels in future years;
Whereas, The development of reserves in the Western United States and other nations, tax
disadvantages, permitting costs and difficulties, reclamation costs, and the increasing difficulty and
cost of accessing the State's remaining coal reserves represent serious threats to the long-term
viability of West Virginia's coal industry;
Whereas, In January, 2005, the State's coal industry was confronted with the largest tax
increase ever levied against any industry in the State's history;
Whereas, The new fifty-six cents per ton additional severance tax was based on sustained
production of one hundred forty-four million tons of annual production in order to pay a designated
portion of the workers' compensation fund debt each year;
Whereas, The new fifty-six cents per ton additional severance tax when combined with the
other taxes paid by the State's coal industry cause the West Virginia coal industry to be the highest
taxed industry in the State;
Whereas, The West Virginia coal industry has the highest tax burden of any coal producing
state in the Eastern or Midwestern United States;
Whereas, It is more expensive and time consuming to permit a new mine or an expansion
in West Virginia than it is in any surrounding coal-producing state;
Whereas, If West Virginia producers cannot competitively sell their coal in today's
aggressive domestic and world coal markets, it will not be mined in West Virginia;
Whereas, Actions must be taken to encourage investment in the West Virginia coal industry
as soon as possible so as to take advantage of the strong world-wide energy market, and to prepare
the industry for sustained production through the next two decades; therefore, be it
Resolved by the Legislature of West Virginia:
In the absence of objection, the Speaker referred the resolutions to the Committee on Rules.
That the Joint Committee on Government and Finance is hereby requested to study what
urgent and immediate actions may be undertaken to ensure the competitiveness of West Virginia's
coal industry and sustained production in excess of one hundred forty-four million tons each year;
and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, two thousand six, on its finding, conclusions and recommendations
together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from appropriations to the Joint Committee on Government and
Finance.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
S. B. 750, Changing method for determining amount of funding for regional education
service agencies.
And reports the same back with amendment, by unanimous vote of the Committee, with the
recommendation that it do pass as amended, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 750)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 419, Creating Local Government Flexibility Act,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 419) was taken up for immediate consideration, read a first time and then ordered to second
reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S.B. 646, Excluding certain homeowners' associations proceeds from business
and occupation tax,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 646) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 458, Permitting transfer of State Police for certain inappropriate
conduct; relocation expense,
Com. Sub. for S. B. 435, Creating method municipal courts can recover certain uncollectible
fines,
And,
S. B. 237, Allowing municipalities to increase hotel occupancy tax,
And reports the same back, with amendment, with the recommendation that they each do
pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 458, Com. Sub. for S. B. 435 and S. B. 237) was taken up for immediate consideration, read
a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
S. B. 236, Requiring health care facilities train staff, employees and contractors on
Alzheimer's disease and related dementia,
S. B. 162, Modifying time authority may allocate tax credits under Capital Company Act,
And,
Com. Sub. for S. B. 716, Creating Regional Jail Operators Partial Reimbursement Fund,
And reports the same back, by unanimous vote of the committee, with amendment, with the
recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 236,
S. B. 162 and Com. Sub. for S. B. 716) was taken up for immediate consideration, read a first time,
ordered to second reading and then, in accordance with the provisions of House Rule 70a, was
ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 600, Requiring bond review of incarcerated defendants at beginning of
new term of court,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 600) was taken up for immediate consideration, read a first time and then 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:
Com. Sub. for S. B. 30, Discontinuing use of prior approval system of insurance rate and
form filing; other provisions,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 30) was taken up for immediate consideration, read a first time and then 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:
S. B. 421, Relating to apportionment of damages in court actions involving tortious conduct
in certain cases,
And reports the same back without recommendation as to its passage.
At the respective requests of Delegate Staton, and by unanimous consent, the bill ( S. B. 421)
was taken up for immediate consideration, read a first time, ordered to second reading and then
recommitted to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 2078, Requiring the spaying or neutering of certain dogs and cats.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2128, Authorizing the Executive Director of the Regional Jail and Correctional Facility
Authority to establish an inmate furlough program.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 2150, Expanding the possible venues where a child neglect or abuse petition may be
filed.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2466, Eliminate provisions which created unlawful classifications
based on race and to update obsolete provisions.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 2477, Relating to exemptions from execution or other judicial process
in consumer credit transaction or consumer leases.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2527, Authorizing employees of the multicounty vocational schools to administer the
performance tests of service personnel in the counties served by the school.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2650, Relating to beef industry self-improvement assessment program.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 2777, Making technical changes concerning High-Tech research zones, parks and
technology centers and tax incentives relating thereto.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
H. B. 2837, Prescribing personal finance instruction in secondary schools by the State Board
of Education.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect July 1, 2005, a bill of the House of Delegates as follows:
H. B. 2960, Permitting licensed restaurants to sell sealed bottles of wine produced by a
member of the West Virginia Farm Wineries Association for consumption off the premises.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 3012, Exempting property acquired by lease purchase agreement by the
state, a county, district, city, village, town or other political subdivision, state college or university,
from property tax.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 3219, Amending the provisions of the West Virginia Victims of Crime Compensation
Act to make it clear that persons holding authority with respect to the victim by power of attorney
or other authority have the authority to assert claims.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 3293, Establishing residential treatment programs for regional jail inmates who are
abusers of alcohol and other drugs.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 3357, Streamlined sales and use tax administration.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 19, Requesting the Joint Committee on Government and Finance study the possible
expansion of in-home family education programs (Early Parent Education).
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, of
S. B. 42, Limiting liability for waste tire remediation costs for certain owners of real property.
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, of
Com. Sub. for S. B. 238, Including steel railroad track and track material under statutory
provisions involving purchase of scrap metal.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 42 - "Urging the United States Congress provide for a domestic energy policy that
ensures a reliable, adequate and affordable supply of energy, recognizes the strategic importance of
energy to the national economy, causes development of appropriate energy-related infrastructure,
embraces a concerted national effort to promote greater energy efficiency, promotes the use of
environmentally responsible alternatives to natural gas for power production and opens promising
new areas for environmentally responsible natural gas production and requesting the Joint
Committee on Government and Finance study the energy policy in West Virginia."
Whereas, Natural gas is a key raw material to the chemical and polymer industries and is
a basic building block for the majority of chemical-related products; and
Whereas, The price of natural gas in the United States is the highest in the industrial world
and shows continued volatility; and
Whereas, The volatility of natural gas prices is having a devastating effect on chemical,
plastics, glass, fertilizer, aluminum and steel producers, as well as metal-treating and agriculture; and
Whereas, Skyrocketing natural gas prices threaten the livelihood of thousands of workers
who rely directly or indirectly on the business of chemistry; and
Whereas, Tens of thousands of jobs in the State of West Virginia are threatened in
industries which use natural gas as a raw material; and
Whereas, The chemical and plastics industries of the United States now have large trade
deficits; and
Whereas, Higher natural gas costs are passed through to consumers in the form of more
expensive food, spiraling home heating bills and higher prices for many pharmaceuticals and
consumer goods; and
Whereas, The United States is increasingly reliant on natural gas in our national energy
supply, creating a tremendous imbalance between natural gas supply and demand. According to the
Energy Information Administration, the total natural gas demand is projected to grow 48 percent
over the next 25 years; and
Whereas, The natural gas imbalance cannot be corrected solely by the importation of natural gas; and
Whereas, The Appalachian Basin, which extends through West Virginia, may contain more
natural gas reserves than those of the Gulf Coast; and
Whereas, Supporting the development of nontraditional exploration methods and sources,
such as deep wells and the use of coal-bed methane, will yield increased supplies; and
Whereas, Coal-fired power plants represent an environmentally sound option for electricity
production; and
Whereas, Coal provides more than $3.5 billion of the West Virginia gross state product; and
Whereas, Coal reserves in West Virginia, estimated at nearly 53 billion tons, can be used
responsibly to move the nation forward toward easing the energy imbalance; and
Whereas, Energy-related infrastructure ensures reliable, adequate and affordable supplies
of energy and economic benefits to the residents of West Virginia and adjoining states; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress provide for a domestic energy
policy that ensures a reliable, adequate and affordable supply of energy, recognizes the strategic
importance of energy to the national economy, causes development of appropriate energy-related
infrastructure, embraces a concerted national effort to promote greater energy efficiency, promotes
the use of environmentally responsible alternatives to natural gas for power production and opens
promising new areas for environmentally responsible natural gas production and requesting the Joint
Committee on Government and Finance study the energy policy in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study include
infrastructure development for a reliable, adequate and affordable energy supply; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study include
energy efficiency, the use of environmentally responsible alternatives to natural gas for power
production and new areas for environmentally responsible natural gas production; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to West Virginia's congressional delegation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 70 - "Requesting the Division of Highways name the bridge at the junction of Route
65 and Route 49 in Matewan, Mingo County, the 'Earl Stafford Memorial Bridge'."
Whereas, In the early 1960s, Earl Stafford, unselfishly and in the interest of his fellow coal
miners, underwent dangerous and vigorous medical testing to help determine the cause and effects
of pneumoconiosis; and
Whereas, As is known today, this chronic disease of the lungs is an occupational disease
which, in the case of Earl Stafford, is the result of repeated inhalation of coal dust; and
Whereas, The tests and studies that Earl Stafford permitted to be performed on him to
determine the effects of pneumoconiosis have helped develop treatment for the disease as well as
allow coal miners to receive compensation; and
Whereas, It is fitting that a lasting tribute be made to the memory of Earl Stafford; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge at the
junction of Route 65 and Route 49 in Matewan, Mingo County, the "Earl Stafford Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Earl Stafford Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 73 - "Requesting the Division of Highways name the bridge on U. S. Route 119 at
Miller's Creek, Mingo County, also known as the North Nolan Bridge, the 'Arnold J. Starr Memorial
Bridge'."
Whereas, Arnold J. Starr was born January 22, 1906, the son of Minnis and Nancy Marcum
Starr; and
Whereas, Arnold J. Starr knew the importance of education. He attended Morehead State
University in Kentucky, Concord College in Athens, Mercer County, and graduated with a degree
in Early Childhood Education from Marshall University; and
Whereas, Arnold J. Starr was an educator in Mingo County and served as principal of
Naugatuck Grade School and Red Jacket Junior High School. He also served as coach of the boys'
basketball team; and
Whereas, In the 1940s, Arnold J. Starr purchased and operated a grocery store in
Williamson until he was elected Mingo County Assessor, a position he held until January 1973.
While serving as Assessor, he also served as President of the West Virginia County Officials
Association and as a member of the West Virginia Assessors Association; and
Whereas, After leaving public service as an elected official, Arnold J. Starr continued to
serve his community as an ordained minister. He also served the State of West Virginia in the
National Guard where he obtained the rank of 1st Lieutenant. He was very active in a number of
civic-minded organizations as well; and
Whereas, It is fitting that a lasting tribute be established to recognize the outstanding dedication and commitment Arnold J. Starr made to the State of West Virginia as an educator,
elected county official and minister; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on U. S.
Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the "Arnold J.
Starr Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation.
At 7:51 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, April 7, 2005.