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Wednesday, January 25, 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 Tuesday, January 24, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2424, Prohibiting persons from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2424) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2328, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2328 - "A Bill to amend and reenact §6-9A- 11 of the Code of West Virginia, 1931, as amended, relating to advisory opinions of the West Virginia Ethics Commission Committee generally and providing that reliance on a written advisory opinion is a defense in certain actions,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2328) will be placed on the Consent Calendar.
Delegate Browning, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 24th day of January, 2006, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. 247), Creating Mine and Industrial Accident Rapid Response System.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 13 - "A Bill to amend and reenact §7-10-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §9-6-9 of said code; to amend said code by adding thereto a new section, designated §9-6-9a; to amend and reenact §48-27-702 of said code; to amend and reenact §49-6A-2 of said code; and to amend said code by adding thereto a new section, designated §49-6A-2b, all relating to requiring cross-reporting among child protective service workers, adult protective service workers, law-enforcement officers and humane officers of suspected child abuse or neglect, suspected abuse or neglect of incapacitated or elderly adults, suspected animal cruelty or inhumane treatment or suspected domestic violence; and providing penalties"; which was referred to the Committee on the Judiciary.
Resolutions Introduced

Delegates Spencer, Martin, Manchin, Rick Thompson, Caputo, Longstreth and Paxton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 24 - "Requesting the Joint Committee on Government and Finance study the feasibility of a national park in the High Allegheny Region of West Virginia."
Whereas, The High Allegheny Region of West Virginia, which comprises portions of the Monongahela National Forest, Blackwater Falls State Park, Seneca Rocks, portions of Canaan Valley and the Blackwater Canyon area, is an important natural, cultural, economic and recreational resource in the state; and
Whereas, The High Allegheny Region of West Virginia has substantial natural areas and habitats which are assets to the people of West Virginia and the nation and provide important amenities for residents and visitors that encourage retirement home development, tourism and other business development that is crucial to the future of the region and the state; and
Whereas, There is a need for consistent, professional and well-funded management of the key natural areas and public lands in the High Allegheny Region of West Virginia in order to conserve and enhance these important assets and to provide for optimal and sustainable economic development of the area; and
Whereas, Economic studies have consistently shown important long-term economic benefits from the creation of national parks to manage important natural areas and protected public lands; and
Whereas, West Virginia, although home to some of the most beautiful areas in the eastern United States, has only four units of the National Park System, by far the lowest in the region; and
Whereas, There is reason to believe that establishment of a High Allegheny National Park in West Virginia will have a positive economic impact on the state in the following ways: (1) Increased revenue for county governments in the form of payments from the National Park Service; (2) increased employment from the National Park Service and from the related growth of the tourism, retirement and recreational industries; (3) increased net migration to the area; (4) increased private property values; (5) increased tax revenue for county governments from retirement home ownership; (6) decreased local and state burden on public land infrastructure and management; (7) increased tourism-related spending in local communities; and (8) improved management of key natural areas and protected public lands; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of a national park in the High Allegheny Region of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine the benefits and costs of the development of a High Allegheny National Park as well as study the economic development potential, job creation potential and tourism value; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine the use of lands that could be incorporated in a High Allegheny National Park; 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegate Poling:
H. J. R. 103 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section nine, article three thereof, relating to limiting the taking of private property for necessary public uses only; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Perdue, Louisos, Cann and Carmichael:
H. J. R. 104 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section twenty-two, article VI thereof, relating to providing for a ninety-day legislative session in odd numbered years and a thirty-day legislative session in even numbered years; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegate Rick Thompson:
H. J. R. 105 - "Proposing an amendment to the Constitution of the State of West Virginia, amending sections 1, 2 and 17, article VII thereof, relating to making the Insurance Commissioner an elected official; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegates Perdue, Ashley, Azinger, Brown, Browning, Canterbury, Caputo, Doyle, Eldridge, Evans, Frederick, Hatfield, Howard, Hunt, Leggett, Longstreth, Louisos, Manchin, Marshall, Martin, Palumbo, Paxton, Pino, Susman, Tabb, Rick Thompson, Walters, Webster, Wells, Williams and Wysong offered the following resolution, which was read by the Clerk as follows:
H. R. 5 - "Designating January 25, 2006, as 'Disability Advocacy Day'."
Whereas, There are approximately four hundred thousand West Virginians with disabilities; and
Whereas, People with disabilities have the right to equal opportunity to live full productive lives in the community of their choice; and
Whereas, People with disabilities have the right to receive the support they need to exercise self-determination, achieve independence, and become productive employees in the workplace; and
Whereas, West Virginia's citizens with disabilities have banded together in a collective group, call the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and
Whereas, Organizations such as the Appalachian Center for Independent Living, Mental Health Association of Monongalia County, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Advocates, West Virginia Assistive Technology System, West Virginia Developmental Disabilities Council, West Virginia Mental Health Consumers Association, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, West Virginia Autism Training Center, The ARC of the Three Rivers, West Virginia Real Choice and the West Virginia Senior Medicare Patrol program have joined together to help increase public awareness of issues involving the many concerns of West Virginians with disabilities; and
Whereas, The purpose of Disability Advocacy Day is to increase the awareness of legislators, administrations, policymakers and the public of the public policy issues that are important to people with disabilities; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 25, 2006, as Disability Advocacy Day; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.
At the request of Delegate Staton, and by unanimous consent reference of the resolution (H. R. 5) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Petitions

Delegate Brown presented a petition, signed by sixty-two residents of the 30th District, in support of including music therapy in the West Virginia MR/DD waiver program; which was referred to the Committee on Education.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Beane:
H. B. 4098 - "A Bill to amend and reenact §5A-7-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Department of Administration's Information Services and Communications Division to propose legislative rules for a statewide telephone usage policy"; to the Committee on Government Organization.
By Delegate Williams:
H. B. 4099 - "A Bill to amend and reenact §20-2-46j of the Code of West Virginia, 1931, as amended, relating to establishing a special sidelock black powder rifle deer hunting season and requiring a special stamp therefor"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Staton, Browning, Beane, Manchin, Tabb, Howard, Wysong, Barker, Long, Caputo and G. White:

H. B. 4100 - "A Bill to amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, all relating to providing a salary increase for elected county officials; and finding that additional duties have been imposed on county officials which justify the increased compensation"; to the Committee on Political Subdivisions then Finance.
By Delegates Talbott, Crosier, Stemple, Eldridge, Paxton, Hamilton and Evans:

H. B. 4101 - "A Bill to amend and reenact §19-20-12 of the Code of West Virginia, 1931, as amended, relating to including hunting dogs as protected animals; prohibiting a person not the owner of a dog from removing identifying tags, collars or apparel from a dog or disabling a device worn by a dog to aid in the retrieval of the dog without the permission of the owner; and providing a misdemeanor penalty for violations"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Perry, Campbell, Staton, Argento, Boggs, Williams, Mahan, Louisos, Sumner and Browning:

H. B. 4102 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated º17-16A-6a, relating to exempting county school boards of education school buses from paying tolls for transit over the West Virginia Turnpike or any parkways authority project"; to the Committee on Finance.
By Delegates Barker, Iaquinta, Miley, Fragale, Longstreth and Marshall:

H. B. 4103 - "A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to freezing employer and employee premium cost-sharing at the current level until July 1, 2008 " ; to the Committee on Health and Human Resources then Finance.
By Delegates Marshall, Hatfield, Stephens, Tucker, Miley, Poling, Yost, Manchin and Moore:

H. B. 4104
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i; and to amend said code by adding thereto a new section, designated §17A-3-4a, all relating to special equipment installed in a motor vehicle for the use of a person with physical disabilities; and excluding the equipment from the sales and use tax and its value when determining the value of the vehicle for imposition of the tax on the privilege of effecting the certification of the title of the vehicle"; to the Committee on Roads and Transportation then Finance.

By Delegates Williams and Tabb:
H. B. 4105 - "A Bill to amend and reenact §38-5A-2 of the Code of West Virginia, 1931, as amended, relating to suggestions of salary and wages of persons engaged in private employment; requiring these persons to notify the clerk of the court issuing the execution of changes of job status or employer; making the failure to notify a misdemeanor; providing a criminal penalty; and exempting persons subject to child support orders from notification requirement"; to the Committee on the Judiciary.
By Delegates Amores, Palumbo, Brown, Craig and Schadler:
H. B. 4106 - "A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to one-day licenses for the sale and serving of wine at non-profit fundraising events; revising provisions related to the acquisition of wine to be resold or served by nonprofit organizations and associations under the special one-day license"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Perry, Long, Williams, Perdue, Amores, Beach, Trump, Morgan, Stemple and Leach:

H. B. 4107 - "A Bill to amend and reenact º61-2-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated º61-2-29a, º61-2-29b, º61-2-29c and §61-2-29d, all relating to protecting incapacitated persons and the elderly, by more clearly defining and providing criminal penalties for the offense of abuse or neglect of incapacitated adults or elder persons which result in the death of such persons"; to the Committee on the Judiciary.
By Delegates Browning, Staton, Long and Michael:
H. B. 4108 - "A Bill to amend and reenact §30-14A-1 of the Code of West Virginia, 1931, as amended, relating to osteopathic physician assistants; allowing an osteopathic physician and surgeon to supervise up to three physician assistants generally"; to the Committee on the Judiciary.
By Delegates Staton, Browning and Mahan:
H. B. 4109 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the modification of the state personal income tax by allowing for a reduction in the federal adjusted income for nonbusiness expenses incurred for tolls paid on the West Virginia Turnpike"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Staton, Browning and Mahan:

H. B. 4110 - "A Bill to amend and reenact §17-16A-18a of the Code of West Virginia, 1931, as amended, relating to the requirement that the West Virginia Parkways, Economic Development and Tourism Authority hold public hearings in each county of the state through which the turnpike runs with adequate public notice of the hearings and to require commuter pass applications for the West Virginia Turnpike to be made available at all Department of Motor Vehicles offices throughout the state"; to the Committee on the Judiciary.
By Delegates Marshall, Hatfield, Tansill, Stephens, Tucker, Fragale, Miley, Poling and Yost:

H. B. 4111 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated º46A- 2A-101 and º46A-2A-102, all relating to enabling a consumer to direct a consumer reporting agency to place a 'security freeze' on his or her credit report"; to the Committee on Banking and Insurance then the Judiciary.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 2329,Authorizing a court to order a defendant to contribute monetarily or through hours of service to a local crime victim's assistance program,
Com. Sub. for H. B. 2448, Relating to criminal offenses involving the theft of mail matter,
Com. Sub. for H. B. 3212, Creating the felony offense of intimidation of and retaliation against informants who provide information to law enforcement officers, and establishing related criminal penalties,
Com. Sub. for H. B. 3213, Creating the offenses of malicious assault, unlawful assault, battery and recidivism of battery, assault on a driver, conductor, captain or other person in charge of any vehicle used for public conveyance,
And,
H. B. 4069, Continuing the Rural Health Advisory Panel until July 1, 2009.
On the passage of the bills, the yeas and nays were taken (Roll No. 31), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Ferrell, Leggett, Romine and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 2329, Com. Sub. for H. B. 2448, Com. Sub. H. B. 3212, Com. Sub. for H. B. 3213, and H. B. 4069) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on Consent Calendar bills and request concurrence therein.
House Calendar

Third Reading

Com. Sub. for H. B. 4021, Relating to a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee; on third reading, coming up in regular order, with an amendment pending and the right to amend, was reported by the Clerk.
On motion of Mr. Speaker, Mr. Kiss, and Delegates Michael, Poling, Sumner, Amores, Beane, Boggs, Browning, Campbell, Frich, Kominar, Leach, Mahan, Martin, Paxton, Perry, Pino, Staton, Tabb, Talbott, Trump, Varner, Wysong and Yost the bill was amended on page four section six-a, line four, following the word "retirees" by striking out the remainder of the paragraph and inserting in lieu thereof the following:
"eligible for a Medicare Advantage plan with equal to or greater benefits. The analysis shall include coverage design and cost savings or losses both to the retiree and to the state. The results of the analysis shall be reported to the Joint Committee on Government and Finance by the board on or before the first day of September, two thousand six."
There being no further amendments, and having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 37), and there were--yeas 80, nays 14, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Border, Carmichael, Howard, Lane, Overington, Schoen, Sobonya, Stevens, Sumner, Tansill, Trump and Walters.
Absent And Not Voting: Beach, Cann, Ferrell, Leggett, Romine and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4021) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 38), and there were--yeas 86, nays 8, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Schoen, Sobonya, Stevens, Sumner, Tansill and Walters.
Absent And Not Voting: Beach, Cann, Ferrell, Leggett, Romine and Varner.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4021) take effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Beach, Ferrell, Leggett, Romine and Varner.
Miscellaneous Business

Delegate Spencer announced that she was absent on Tuesday, January 24, 2006 when the votes were taken on Roll Nos. 29 and 30, and that had she been present, she would have voted "Yea" thereon.
Delegate Frich asked and obtained unanimous consent that the remarks of Members concerning H. B. 4021 be printed in the Appendix to the Journal.
At 12:36 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 26, 2006.