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Tuesday, January 17, 2006



The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, January 16, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

On motion for leave, a bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Michael, Boggs, Cann, Kominar, Williams, Houston, Hall, Border, Ashley and Anderson:

H. B. 4037 -- "A Bill to amend and reenact §11-4-3 of the Code of West Virginia, 1931, as amended, relating to correcting definitions applicable to the assessment of real property; and making amendments effective retroactively to and including the first day of July, two thousand five, for tax year two thousand six and thereafter."
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported, by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Campbell, Eldridge, Lane, Longstreth, Marshall, Paxton, Poling, Stephens, Sumner and Tabb:

H. B. 4038 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-6-9, relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes; making legislative findings; providing process for state spending unit notice to chief technology officer when disposing of certain commodities; examination and identification of usable commodities to agency for surplus property and school systems; reservation of identified commodities by agency for surplus property for donation and transfer to county boards; distribution method established by department; authority to charge and assess fees; authorizing county boards to donate computer hardware and software being replaced to students; state board guidelines; obligation for serviceability."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4038) will be placed on the Consent Calendar.
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Williams, Perry, Eldridge, Beach, Tansill, Paxton, Poling, Canterbury, Fragale, Stevens and Lane:

H. B. 4040 - "A Bill to amend and reenact §18-5-13a of the code of West Virginia, 1931, as amended, relating to requiring voter approval prior to closure and consolidation of certain schools with grades eight or below when new building construction or addition of two or more classrooms are involved and the closure or consolidation was not included in a local bond issue approved by the voters; exceptions."

Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the 2004-2005 annual report of the Division of Natural Resources, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the State Board of Registration for Professional Engineers, in accordance section twelve-b, article one, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the State Auditor's Consolidated Budget Report of the Coal Severance Fund, Gas and Oil Severance Tax and General Funds for the County and Municipal Governments, in accordance with section six, article thirteen-a, chapter eleven of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the Bureau of Senior Services, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the biennium for July 1, 2003 to June 30, 2005 for the Board of Examiners for Registered Professional Nurses, in accordance with section four, article seven, chapter thirty of the code; which was filed in the Clerk's Office.

Resolutions Introduced

Delegates Morgan, Craig, Leach, Stephens, Howard and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 19 - "Designating the Mighty Wurlitzer Theater Pipe Organ, located in Huntington, West Virginia, as the official theater pipe organ of West Virginia."
Whereas, The Bluefield, WV, Granada Theater Wurlitzer theater pipe organ, now installed in the Keith Albee Theater in Huntington, WV, is the sole remaining theater pipe organ originally installed in a theater in the State of West Virginia; and
Whereas, The original Keith Albee Wurlitzer theater organ has been sold to a private individual and cannot be returned in its original state; and
Whereas, The theater organ is a uniquely American musical invention, designed and constructed to provide sound accompaniment in the silent era of motion pictures; and
Whereas, Between 1910 and the 1930s, there were nearly 7,000 theater organs across the United States performing each day for motion pictures; and
Whereas, Soon after sound came to motion pictures, the theater organs were abandoned, discarded, given away, or left to languish dormant in their theaters, leaving at the present time approximately 125 theater organs in public venues nationally; and
Whereas, In 2001, the Huntington Theater Organ Project, Inc, a not-for-profit, tax-exempt West Virginia Corporation consisting of private citizens was established to renovate and install the Bluefield Granada Theater Wurlitzer in the Keith Albee Theater in Huntington, WV; and
Whereas, The Huntington Theater Organ Project, Inc., has obtained parts of the Moller theater organ originally installed in the Smoot Theater, Parkersburg, WV which will be added to the theater organ installed in the Keith Albee Theater; and
Whereas, The glorious, majestic sounds of the most powerful musical instrument ever produced will once again thrill West Virginians in such events as mini-musical concerts between movies, Marshall University Artists Series, an annual concert series, and educational curriculum programs with area schools and universities; and
Whereas, The theater organ installed in the Keith Albee Theater is the only remaining theater organ built for a theater in the Great State of West Virginia and the glorious, majestic sounds of the most powerful musical instrument ever produced will once again thrill West Virginians in such events as mini-concerts between films, an annual concert series, and educational curriculum programs with area schools and universities;
Be it resolved by the Legislature of West Virginia:
That the Mighty Wurlitzer Theater Pipe Organ located in Huntington is hereby designated the official theater pipe organ of the State of West Virginia.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate DeLong:
H. B. 4028
- "A Bill to amend and reenact §48-1-230 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §48-18-119a and §48-18-119b, all relating to child support generally; providing for liens upon child support obligors' proceeds from workers' compensation awards, from civil settlements, judgments, or awards from arbitration or other alternative dispute resolutions"; to the Committee on the Judiciary.
By Delegates Frich, Tansill, Stevens, Carmichael and Hamilton:
H. B. 4029
- "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended, relating to requiring additional registration information from violent sexual predators; requiring that sex offenders agree to wear global positioning monitors when released on probation, parole or to community programs; requiring violent sexual predators to wear global positioning monitors in order to be released from confinement or commitment; and providing that the West Virginia State Police shall establish a global positioning monitoring system for registered sex offenders"; to the Committee on the Judiciary then Finance.
By Delegates Hamilton, Duke, Romine, Rick Thompson, Perdue, Leggett, Howard, Stemple, Poling and Boggs:

H. B. 4030
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-9, relating to limiting the administration of a Voluntary Contribution Fund or similar benefit plan by members and employees of the West Virginia State Police"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4031
- "A Bill to amend and reenact §5A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-3-4, §5A-3-10, §5A-3-10a, §5A-3-11, §5A-3-19, §5A-3-33d and §5A-3-45 of said code; and to amend said code by adding thereto seven new sections, designated §5A-3-10b, §5A-3-10c, §5A-3-11a, §5A-3-11b, §5A-3-11c, §5A-3-11d and §5A-3-11e, all relating to the Purchasing Division of the Department of Administration; providing for the power and duties of the Director of the Purchasing Division; defining certain terms; providing for an annual vendor fee; describing qualifications of state buyers; providing requirements for competitive bids; authorizing Director of the Purchasing Division to conduct compliance reviews of spending units; providing for bids by electronic transmission; providing for bid solicitation requirements; prohibiting contract awards to debtors of state; providing for best value procurement; providing for sole source procurement; providing requirements for open market purchases; providing requirements for contract awards; providing requirements for the delivery of bids to the Purchasing Division; providing for special purchases; authorizing the Director of the Purchasing Division to engage in competitive negotiations and discussions with responsible bidders and to obtain best and final offers; providing for contract awards to multiple vendors; authorizing multiyear contracts; providing criteria for multiyear contracts; authorizing the Director of the Purchasing Division to participate in, sponsor, conduct or administer cooperative purchasing agreements or consortia; providing grounds for debarment of vendors; providing for disposition of surplus state property by means of an Internet auction site"; to the Committee on Government Organization then Finance.
By Delegates Stalnaker, Browning, Williams, Frederick, Hall, Duke and Manchin:
H. B. 4032
- "A Bill to amend and reenact §5-10D-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to recover the payment and a surcharge from a participating employer who fails to timely pay contributions due; and requiring any amounts recovered to be administered in the same manner as contributions are required to be administered"; to the Committee on Pensions and Retirement then Finance.
By Delegates Stalnaker, Browning, Williams, Frederick, Hall, Duke and Manchin:
H. B. 4033 - "A Bill to amend and reenact §15-2-31a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-2-52, all relating to the Death, Disability and Retirement Fund; clarifying benefit termination for and reapplication by disability retirants terminated for economic causes and termination of retirement benefits for fraud"; to the Committee on Pensions and Retirement then Finance.
By Delegates Stalnaker, Browning, Williams, Hall and Duke:
H. B. 4034 - "A Bill to repeal §5-10-43 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-10-26, §5-10-44 and §5-10-54 of said code, all relating to the Public Employees Retirement System; removing the requirement that a no longer disabled employee must return to his or her former job; permitting administrative hearings before disability retirement termination; clarifying procedures for reapplication by disability retirants whose benefits were terminated for economic causes; correcting errors; and terminating benefits for knowingly making false statements or permitting false records to be filed with the Consolidated Public Retirement Board in an attempt to defraud the system"; to the Committee on Pensions and Retirement then Finance.
By Delegates Stalnaker, Browning, Williams, Hall, Duke and Manchin:
H. B. 4035
- "A Bill to amend and reenact §5-10-27 of the Code of West Virginia, 1931, as amended, relating to removing the ability of a member to choose a beneficiary who has an insurable interest to receive an annuity and allowing a member or former member to choose to have the preretirement death benefit paid in a lump sum amount to any beneficiary or beneficiaries he or she chooses"; to the Committee on Pensions and Retirement then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Varner, Campbell, Stemple, Kominar, Amores, Crosier, Ron Thompson and Craig:

H. B. 4036 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-3a, relating to soliciting or advocating murder, providing criminal penalties and specifying that the offenses and penalties are cumulative to other offenses and penalties"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4039
- "A Bill to amend and reenact §15-2C-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-12-2, §15-12-3, §15-12-5, §15-12-8 and §15-12-10 of said code; to amend said code by adding thereto two new sections, designated §15-12-6a and §15-12-11; to amend said code by adding thereto a new section, designated §18A-3-12; to amend and reenact §61-8B-3 and §61-8B-7; to amend and reenact §62-12-26 of said code; and to amend said code by adding thereto a new section, designated §62-12-27, all relating to the protection of the citizenry from sex offenders; providing for the submission of sex offender information to the central abuse registry; providing a definition for certain terms; providing for the release of sex offender information to the central abuse registry by the judiciary and agencies; providing for penalties for failure to properly register with the central abuse registry; creating new penalties for out-of-state sex offenders that fail to register; providing for verification of sex offender information by the central abuse registry; providing for penalties for assisting sex offenders evade registration; increasing terms of incarceration for existing crimes; providing for supervised release requirements for sexually violent offenders; providing for electronic monitoring for sexually violent offenders on supervised release, probation and parole; and providing for school service personnel, contractors and service providers to be checked against the central abuse registry"; to the Committee on the Judiciary.
Consent Calendar

Third Reading

H. B. 2136, Requiring the clerk of the county commission to execute, record and post a disclaimer relating to certain unlawful covenants; 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. 2), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Border, Cann, Ferrell, Fragale, Leach and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2136) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

H. B. 4007, Relating to updating appraisal standards employed by the Public Land Corporation; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Border, Cann, Ferrell, Fragale, Leach and Ron Thompson.
Miscellaneous Business

Delegate Overington asked and obtained unanimous consent that the remarks of Delegate Blair regarding the character and ingenuity of Ben Franklin on the occasion of Franklin's 300th birthday be printed in the Appendix to the Journal.
Delegate Staton asked and obtained unanimous consent that the remarks of Delegate Brown concerning the newspaper article surrounding events at the memorial service for the Sago coal miners, the need for tolerance and understanding of gay persons and the horror of fostering hatred for any group of persons by persons believing themselves to be morally superior to others be printed in the Appendix to the Journal.
At 12:20 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 18, 2006.