hdj2006-2-3-24

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Friday, February 3, 2006

The House of Delegates met at 10:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 2, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4008, Relating to authorizing city and county housing authorities to merge to form a regional housing authority,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4008 - "A Bill to amend and reenact §16-15-1 and §16-15-3a of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §16-15-3b, all relating to authorizing mergers to form regional housing authorities; providing definitions; authorizing subsequent joining of local and regional housing authorities; authorizing housing authorities to initiate merger by joint resolution; providing that contents of joint resolution include transfer of assets and liabilities, membership of authority and adoption of a plan of merger; and conferring on the regional housing authority the powers and duties of authorities it succeeds,"
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. 4008) will be placed on the Consent Calendar.
On motion for leave, bills were introduced (Originating in the Committee on Government Organization and reported, by unanimous vote of the committee, with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates Beane, Ennis and Frich:
H. B. 4391 - "A Bill to amend and reenact §29-18-24 of the Code of West Virginia, 1931, as amended, relating to continuation of the State Rail Authority."
And,
By Delegates Beane, Ennis, Walters and Frich:
H. B. 4392 - "A Bill to amend and reenact §19-21A-4a of the Code of West Virginia, 1931, as amended, relating to continuation of the West Virginia Conservation Agency."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4391 and H. B. 4392) 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. 4368, Relating to penalties imposed against licensed wine sellers for ABC violations,
And reports the same back with the recommendation that it do pass.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4353, Requiring law enforcement officers have a valid complaint, signed by a magistrate or municipal judge, with a showing of probable cause before reporting said offense to the commissioner of the department of motor vehicles,
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. 4353) 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. 4296, Providing employer immunity from liability for disclosing job-related information concerning an employee or former employee to a prospective employer,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4296 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-18a, relating to providing employers with qualified immunity from liability for disclosing job-related information concerning a current or former employee to a prospective employer; requiring written disclosure of the job-related information; and providing for the correction of false or misleading information,"
With the recommendation that the committee substitute do pass.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4096, Relating to amount of an appeal bond,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4096 - "A Bill to amend and reenact §58-5-14 of the Code of West Virginia, 1931, as amended, relating to appeal bonds; limiting bond amounts; consolidating multiple judgments for bonding purposes; and providing exceptions to bonding limitations,"
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. 4096) 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. 4306, Creating a criminal offense for picketing or disrupting funerals or memorial services,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4306 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-14a, relating to creating a criminal offense for picketing or disrupting funerals or memorial services,"
With the recommendation that the committee substitute do pass.
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4247, Relating to the time period for which state banks must retain records,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4247) was referred to the Committee on the Judiciary.
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4249, Authorizing state banking institutions to issue more than one class of stock,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4249) was referred to the Committee on the Judiciary.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the Division of Tourism, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Messages from the Senate
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. 4 - "Requesting the State Board of Education establish a position within the Department of Education to coordinate, oversee and advocate school libraries."
Whereas, Well-stocked, professionally staffed libraries contribute to improved student achievement on standardized tests; and
Whereas, Although public libraries are available to school-age children during the evening and on weekends, public librarians cannot collaborate with all area teachers to develop collections that support curriculum needs; and
Whereas, The number of librarian positions is lacking in elementary schools and 46 percent of the state's schools do not employ a library media specialist; and
Whereas, Currently, there is no position within the Department of Education to support school libraries; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the State Board of Education establish a position within the Department of Education to coordinate, oversee and advocate school libraries; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the State Board of Education.
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, as follows:
S. C. R. 32 - "Designating February 3, 2006, as 'Go Red for Women Day'."
Whereas, Cardiovascular disease is West Virginia's leading cause of death and stroke is the third leading cause of death; and
Whereas, Cardiovascular disease claims the lives of more than half a million American women each year; and
Whereas, Coronary heart disease rates in women after menopause are two to three times higher than those of women the same age before menopause and 63 percent of women who die suddenly of coronary heart disease have no previous symptoms of this disease; and
Whereas, The cost of cardiovascular disease and stroke in the United States is estimated at $352 billion; and
Whereas, February is designated as American Heart Month. The American Heart Association has established a campaign, "Go Red for Women", designed to raise women's awareness of the magnitude of cardiovascular disease and to encourage women to make positive changes in their lives that could help reduce their risk of cardiovascular disease and stroke; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby declares February 3, 2006, as "Go Red for Women Day"; and, be it
Further Resolved, That all West Virginians are encouraged to celebrate February 3, 2006, as "Go Red for Women Day" to raise awareness of the dangers of cardiovascular disease for women and to encourage women in West Virginia to take steps to improve their heart health; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and West Virginia's congressional delegation.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (S. C. R. 32) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Resolutions Introduced
Delegates Brown, Frich, Hatfield, Houston, Hrutkay, Leach, Longstreth, Mahan, Marshall, Poling, Schoen, Sobonya, Spencer, Stevens, Sumner, Susman, Webster and Rowan offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 34 - "Designating Friday, February 3, 2006 as 'Go Red for Women Day'."
Whereas, Cardiovascular diseases are West Virginia's number one cause of death, and stroke is the third leading cause of death; and
Whereas, Cardiovascular diseases claim the lives of more than half a million American women each year; and
Whereas, In the United States each year 53.5% of women die from cardiovascular diseases as compared to 46.5% of men, and 40,000 more women than men have a stroke; and
Whereas, The cost of cardiovascular diseases and stroke in the United States is estimated at $352 billion; and
Whereas, Coronary heart disease rates in women after menopause are two to three times higher than those of women the same age before menopause; and
Whereas, 63% of women who die suddenly of coronary heart disease have no previous symptoms of this disease; and
Whereas, February is designated as American Heart Month; and
Whereas, The American Heart Association has established a campaign designed to raise women's awareness of the magnitude of cardiovascular diseases and to encourage women to make positive changes in their lives that could help reduce their risk of cardiovascular diseases and stroke; and
Whereas, This campaign is known as the "Go Red for Women" campaign; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby declares Friday, February 3, 2006 as "Go Red for Women Day;" and, be it
Further Resolved, That all West Virginians are encouraged to celebrate February 3, 2006, as "Go Red for Women Day" to raise awareness of the dangers of heart disease for women and to encourage women in West Virginia to take steps to improve their heart health; and, be it
Further Resolved, That the clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Governor and the members of the West Virginia's delegation in Congress.
Delegates Sobonya, Howard and Stephens offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 35 - "Naming the Melissa #1 Bridge (06-10/11-0.22) located in Melissa, Cabell County across the intersection of Alternate WV Route 10 and WV Route 10, the 'Curtis E. Pelfrey Memorial Bridge'."
Whereas, Curtis E. Pelfrey resided in the Pea Ridge area of Huntington, Cabell County, West Virginia, and passed away on November 4, 2001; and
Whereas, Curtis was survived by his beloved wife, Irene Pelfrey, and their two loving children, Danny Pelfrey and Sandy Sargent; and
Whereas, Curtis selflessly served this country with great courage, going above and beyond the call of duty as a soldier in the United States Army Air Corp. during World War II, enduring 78 round trip flights over the hump from India to China as a radio operator with the Air Transport Command; and
Whereas, For his dedicated service and sacrifice, Curtis was awarded the Distinguished Flying Cross, the Air Medal and other general theatre medals; and
Whereas, Curtis Pelfrey's honorable service to our country and his departure from this earthly life should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the Melissa #1 Bridge located in Melissa, Cabell County, which traverses the intersection of Alternate WV Route 10 and WV Route 10, the "Curtis E. Pelfrey Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge, to be posted at both ends of the bridge, identifying the bridge as the "Curtis E. Pelfrey Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to provide a certified copy of this Resolution to Irene Pelfrey, 6211 Brenda Court, Huntington, WV and to send a copy to the Commissioner of Highways.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Louisos and Sumner:
H. B. 4374 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission; providing for removal and election of commissioners; and setting terms of office for elected commissioners"; to the Committee on the Judiciary.
By Delegate Eldridge:
H. B. 4375 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1 and §16-2J-2, all relating to requiring that abortion procedures after the first trimester be performed only at an ambulatory surgical facility or hospital licensed to perform that service; and requiring that abortion facilities not be located within fifteen hundred feet from the property on which any church, school or kindergarten is located"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Border:
H. B. 4376 - "A Bill to amend and reenact §33-42-8 of the Code of West Virginia, 1931, as amended, relating to establishing the crime of partial birth infanticide; penalty; definitions; and exceptions"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Spencer, Carmichael, Perdue, Campbell and Williams:

H. B. 4377 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to school based interpreters generally; and establishing standards for school based interpreters"; to the Committee on Education then Finance.
By Delegates Stalnaker, Ron Thompson and Michael:
H. B. 4378 - "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia,1931, as amended, relating to the State Teachers Retirement System generally and granting retirement credit under certain circumstances to teachers for years of service as a teacher in the employment of the federal government, or a state or territory of the United States, or a governmental subdivision of that state or territory"; to the Committee on Pensions and Retirement then Finance.
By Delegates Brown, Hatfield, Webster, Leach, Mahan, Poling, Frich, Spencer, Hrutkay, Longstreth and Rowan:

H. B. 4379 - "A Bill to amend and reenact §33-15-4c of the Code of West Virginia, 1931, as amended, relating to insurance coverage for mammograms, pap smears and human papillmovavirus"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Morgan:
H. B. 4380 - "A Bill to amend and reenact §32A-3-1 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of fees that merchants may charge for cashing government-issued or other checks"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Swartzmiller and DeLong:
H. B. 4381 - "A Bill to amend and reenact §7-18-2 of the Code of West Virginia, 1931, as amended, relating to the hotel occupancy tax generally; and allowing counties to increase the rate of tax imposed to six percent"; to the Committee on Political Subdivisions then Finance.
By Delegates Martin, Hrutkay, Rick Thompson, Ellem, Hamilton, Paxton, Longstreth, Brown, Walters, Argento and Craig:

H. B. 4382 - "A Bill to repeal §21-1C-7 of the Code of West Virginia, 1931, as amended, relating to the sunset provision of the West Virginia Jobs Act"; to the Committee on the Judiciary.
By Delegates Leach, Craig, Morgan and Stephens:
H. B. 4383 - "A Bill to amend and reenact §16-29F-1 of the Code of West Virginia, 1931, as amended, relating to continuing the pilot program offered through a Community Access Program to coordinate health care provider reimbursements indefinitely as determined by the insurance commissioner"; to the Committee on Health and Human Resources then Finance.
By Delegates Hunt, Louisos, Palumbo, Webster, Browning, Amores and Brown:

H. B. 4384 - "A Bill to amend and reenact §38-3-4 of the Code of West Virginia, 1931, as amended, relating to requiring county clerks to notify property owners of the existence of a lien filed against their property"; to the Committee on the Judiciary.
By Delegate Lane:
H. B. 4385 - "A Bill to amend and reenact §18C-7-7 of the Code of West Virginia, 1931, as amended, relating to funding the PROMISE scholarship program"; to the Committee on Education then Finance.
By Delegate Morgan:
H. B. 4386 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §15-2-24a, relating to ratifying the National Crime Prevention and Privacy Compact"; to the Committee on the Judiciary.
By Delegates Talbott, DeLong, Argento, Hrutkay, Walters and Paxton:

H. B. 4387 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-31g, relating to automobile insurance policies; and prohibiting discrimination in rates on the basis of claims filed in which the insured is determined not to be at fault"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Trump:
H. B. 4388 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring a woman, prior to an abortion, to have a pregnancy test administered at the facility where the abortion is to be performed; providing that the pregnancy test results must be confirmed prior to the abortion; and providing for the revocation of the license of a physician for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4389 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-2a, relating to requiring owners of all-terrain vehicles to receive registration tags from the Division of Motor Vehicles displaying; and providing penalties for noncompliance"; to the Committee on Roads and Transportation then Finance.
By Mr. Speaker, Mr. Kiss:
H. B. 4390 - "A Bill to amend and reenact §36-8-2, §36-8-7, §36-8-8, §36-8-12, §36-8-15, §36-8-17 and §36-8-23 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §36-8-5a, §36-8-5b and §36-8-15a; to amend and reenact §36-8A-4 of said code; to amend and reenact §42-1-3c of said code; and to amend and reenact §44-1-28, all relating to unclaimed property; shortening the abandonment period for stock, for bonds, for mineral proceeds and for demutualization proceeds; waiving notary requirements for unclaimed property reports and requiring holders to submit electronically; authorizing the administrator to require that holders liquidate securities and report proceeds as unclaimed property; authorizing the administrator to sell safe-deposit box contents through electronic auction or other methods; waiving notary requirements for claims under five hundred dollars and limiting the administrator's liability for duplicate claims payment; authorizing any state agency, board or commission owed delinquent funds by any person to claim that person's property to offset delinquent amounts owed that agency; applying the provisions of the act to pre-abandoned property; authorizing the administrator to cooperate with state agencies or with other states to locate property or pay claims; allowing unclaimed stolen property to be auctioned electronically or through other methods; allowing property with no taker to be administered under the unclaimed property act; and increasing to ten thousand dollars the amount of unclaimed property of a decedent which may be distributed without opening an estate"; to the Committee on the Judiciary.
Today being Friday, the House of Delegates proceeded to the consideration of business on the Local Calendar.
Local Calendar
First Reading
H. B. 4112, Extending the time for the County Commission of Mineral County, West Virginia, to meet as a levying body; on first reading, coming up in regular order, was read a first time and ordered to engrossment and second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days to be dispensed with.
On this question, the yeas and nays were taken (Roll No. 53), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Beane, Cann, Ennis, Ferrell, Stevens, Swartzmiller and Webster.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 54), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Beane, Cann, Ennis, Ferrell, Stevens, Swartzmiller and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4112) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 55), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Beane, Cann, Ennis, Ferrell, Stevens, Swartzmiller and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4112) 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.
Consent Calendar
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed with him for the removal of a bill from the Consent Calendar to the House Calendar:
H. B. 4106, on first reading, Consent Calendar, to the House Calendar, by Delegate Armstead.
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 4133, Clarifying that magistrate courts have concurrent juvenile jurisdiction with circuit courts with regard to enforcement of laws prohibiting the possession or use of tobacco or tobacco products by minors,
H. B. 4310, Continuing of the Board of Risk and Insurance Management,
And,
H. B. 4311, Continuing of the Department of Environmental Protection.
On the passage of the bills, the yeas and nays were taken (Roll No. 56), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Beane, Cann, Ennis, Ferrell, Stevens, Swartzmiller and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 4133, H. B. 4310 and H. B. 4311) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on Consent Calendar bills and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 4349, Continuing the Division of Motor Vehicles,
And,
H. B. 4350, Continuing the Family Protection Services Board.
First Reading
H. B. 2607, Expanding newborn screening by adding sickle cell anemia and adrenal hyperplasia; on first reading, coming up in regular order, was read a first time and ordered to second reading.
House Calendar
Third Reading
Com. Sub. for H. B. 2141, Prohibiting persons from soliciting contributions on public highways; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 4022, Relating to medically ineffective cardiopulmonary resuscitation for terminally ill patients,
And,
H. B. 4308, Limiting the definition of conviction for purposes of administrative license revocation proceedings.
First Reading
H. B. 4106, Relating to one-day licenses for the sale and serving of wine at non-profit fundraising events; 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, leaves of absence for the day were granted Delegates Beane, Cann, Ennis, Ferrell, Stevens, Swartzmiller and Webster.
Miscellaneous Business
Delegate Ron Thompson asked and obtained unanimous consent that the following be added as cosponsors to bills reported from committee today:
To H. B. 4247, add Delegates Marshall, Iaquinta, Beach, Hamilton and G. White.
To H. B. 4249, add Delegates Marshall, Iaquinta, Beach, Hamilton and G. White.
At 10:44 a.m., the House of Delegates adjourned until1:00 p m., Monday, February 6, 2006.