_________*__________
Monday, February 6, 2006
The House of Delegates met at 1:00 p.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 Friday, February 3, 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 Education and
reported, by unanimous vote of the Committee, with the recommendation that it do pass, but that it
first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegates Campbell, Williams, Beach, Eldridge, Poling, Tabb, Wysong, Louisos,
Tansill, Sumner and Duke:
H. B. 4393 - "A Bill to amend and reenact §18-9A-7 of the Code of West Virginia, 1931,
as amended, relating to adjusting foundation allowance for transportation for projected fuel costs;
providing method for adjustments; simplifying language; clarifying conflicting provisions; and removing obsolete provisions."
In the absence of objection, the bill was then referred to the Committee on Finance.
Chairman 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 3rd
day of February, 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:
(H. B. 4037), Correcting definitions applicable to the assessment of real property.
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. 370, Creating personal property tax exemption for farm equipment and livestock,
And reports the same back, with amendment, by unanimous vote of the Committee, 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.
In the absence of objection, reference of the bill (S. B. 370) to the Committee on Finance was
abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (S. B. 370) will be placed on the Consent Calendar.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the Board of Optometry, 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 passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 57 - "A Bill to amend and reenact §17C-3-5 of the Code of West Virginia, 1931, as
amended, relating to allowing a county commission or municipality to request the Commissioner of
Highways to designate and operate, during certain times, a traffic control signal as a flashing signal;
procedure; and assigning responsibility for costs"; which was referred to the Committee on Roads
and Transportation then the Judiciary.
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. 441 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §61-12-10b, relating generally to prohibiting public display of autopsy
photographs; allowing civil actions and recovery of monetary damages for violations; and
exceptions"; which was referred to the Committee on the Judiciary.
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. 442 - "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as
amended, relating to the requirements for obtaining a graduated driver's license; changing the
expiration date of level one and level two licenses; and repealing obsolete provisions"; which was referred to the Committee on Roads and Transportation then the Judiciary.
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. 444 - "A Bill to amend and reenact §22C-4-10 of the Code of West Virginia, 1931, as
amended, relating to proof of lawful disposal of solid waste as a defense to a violation of disposal
law"; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Poling, Hartman, Proudfoot, Amores, Anderson,
Argento, Armstead, Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Brown,
Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong,
Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Fragale, Frederick, Frich, Hall, Hamilton, Hatfield,
Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Leggett, Long, Longstreth,
Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington,
Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Roberts, Romine, Rowan, Schadler, Schoen,
Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Sumner, Susman, Swartzmiller, Tabb,
Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, 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. 36 - "Requesting the Division of Highways name the bridge located on Corridor H,
U.S. Route 33 spanning the Tygart Valley River at the county lines of Barbour and Randolph (Bridge
#42-33-0.01), the 'Michael A. "Mikey" Hart Memorial Bridge'."
Whereas, Michael A. "Mikey" Hart was born on June 26, 1972 in Elkins, Randolph county,
West Virginia, the son of Michael L. Hart and Louise Simmons Hart. He was raised in nearby
Belington, Barbour County, West Virginia and graduated from Philip Barbour High School in 1990;
and
Whereas, From his early childhood, Mikey Hart's passion was to be involved in the
emergency and fire protection services, which did not surprise anyone since his father, grandfather,
and numerous uncles had served a combined 190 years providing emergency and fire protection
services to the respective communities; and
Whereas, Upon receiving his education in public fire protection, Mikey Hart returned to his
hometown of Belington and began serving as a volunteer firefighter for the Belington Volunteer Fire
Department. Throughout his life Mikey Hart was committed to excelling at, and providing the
highest quality of, fire protection and paramedic services to the communities in which he lived and
worked. During the course of his career, Mikey Hart became certified not only as a paramedic, but
also as a firefighter level three, as a fire officer, and as a certified rescue scuba diver; and
Whereas, In 1993 Mikey Hart met the true passion of his life when he fell in love with
Judith Ann Coberly. Mikey and Judy were married on September 9, 1995, following which were
born to them two beautiful children, Kelsey Nicole Hart and Zachery Seth Hart, who are now 7 and
3 years old, respectively; and
Whereas, From 1996 to 2005 Mikey Hart served not only as a faithful and devoted Husband
and father, but also as an employee for the West Virginia cities of Clarksburg, Bridgeport, and Elkins
as a firefighter and paramedic; and
Whereas, During his life Mikey Hart not only took the opportunity to continually pursue education and training in the provision of emergency services, but he also relished the opportunity
to teach and train others who shared his passion and zeal to excel at providing fire protection
services. Mikey Hart served as an adjunct instructor for West Virginia University fire service
extension, a RESA instructor teaching fire and resuce classes, and was instrumental in developing
the current truck company class that the West Virginia University fire service extension is presently
teaching. Mikey Hart was also a HAZMAT Tech where he was a member of West Virginia Regional
Response Team, and had participated in the making of the movie "Ladder 49." Mikey Hart simply
led by example by becoming the best that he could be, and encouraged others to do the same; and
Whereas, On the night of December 20, 2005 Mikey Hart was returning home on Rt. 250
North from Huttonsville, West Virginia where he had just finished assisting his father in teaching
a RESA class on Firefighter I, when a logging truck lost control and crossed the center line of the
divided highway, striking Mikey Hart's vehicle head on, killing him instantly; and
Whereas, Because the untimely and premature death of Mikey Hart has been a tremendous
loss for his family, the communities of Belington, Bridgeport, Clarksburg, and Elkins and for the
entire fire service protection communities across West Virginia, the West Virginia House of
Delegates hereby declares that the life of Mikey Hart has served as an inspiration to all West
Virginians to give to their communities more than they ever expect to get from it; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge located
on Corridor H, U.S. Route 33 spanning the Tygart Valley River at the county lines of Barbour and
Randolph (Bridge #42-33-0.01), the "Michael A. 'Mikey' Hart 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 "Michael A. 'Mikey' Hart Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to Judith Ann Hart and the Secretary of the Department of Transportation.
Delegate Hunt (By Request), offered the following resolution, which was read by its title and
referred to the Committee on the Judiciary:
H. C. R. 37 - "Requesting the Governor seek a reciprocal agreement with Florida, pursuant
to §61-7-6 of the Code of West Virginia, allowing persons with licenses to carry concealed weapons
in one state to be considered licensed in the other."
Whereas, Many West Virginians reside in Florida for a significant portion of the year; and
Whereas, These West Virginians who spend time in Florida would benefit from being able
to carry their concealed weapons in Florida without having to go through the process of applying for
a new concealed weapon permit; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor is hereby requested to seek a reciprocity agreement with Florida, allowing
persons with licenses to carry concealed weapons in one state to be considered licensed in the other;
and, be it
Further Resolved, That the Clerk of the House of Delegates send a copy of this resolution
to the Governor.
Delegate Hunt offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 38 - "Requesting that the Joint Committee on Government and Finance conduct a
study to review, study and examine the criminal law, judicial proceedings and incarceration of perpetrators of sex offenses to determine if a more aggressive and comprehensive set of reforms are
needed to protect public safety and to lock up sex offenders for longer periods."
Whereas, The citizens of this state are overwhelmed by the heinous crimes committed by
repeat perpetrators of sex crimes against the most vulnerable members of society; and
Whereas, The impact that these numerous reports sexual assaults, molestation and rape
crimes has on neighborhoods and communities is one of helplessness and anger; and
Whereas, Every effort should be made to find a way to deal with sexual offenders and
sexual predators who remain dangerous when they are returned to society; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct an
interim study to review, study and examine the criminal law, judicial proceedings and incarceration
of perpetrators of sex offenses to determine if a more aggressive and comprehensive set of reforms
are needed to protect public safety and to lock up sex offenders for longer periods; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2007, 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.
Delegates Sobonya, Morgan, Stephens and Howard offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 39 - "Requesting the Division of Highways name the bridge located at Howell's Mill near Ona, WV, the Rimmer-White Bridge."
Whereas, In 1850, Peter and "Lou" White settled along the right descending bank of the
Mud River at the site of the new bridge. In 1911 Fielding and "Callie" Rimmer moved into a house
on the other side of the river at the bridge site. Today many Rimmer and White descendants live on
both sides of the river near the new bridge; and
Whereas, The families and residents of this area desire that this bridge be officially
recognized as the Rimmer-White Bridge in honor of their contributions to this community; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby names the bridge at Howell's Mill near Ona, WV, in Cabell
County, 2 miles North from Route 60 on Howell's Mill Road Country Route 1 and crosses Mud
River in West Virginia, the "Rimmer-White Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this
concurrent resolution to the Secretary of Transportation, the Commissioner of the Division of
Highways and the West Virginia State Historic Preservation Office and to the families of Ruth
Rimmer Markin and "Buddy" White.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegate Louisos:
H. J. R. 110 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section thirteen, article three thereof, relating to providing that the right to a jury trial in
suits at common law as well as any state-sanctioned administrative proceeding is preserved if the amount in controversy exceeds one thousand dollars; 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 Frich, Carmichael, Armstead, Sumner, Sobonya, Louisos, Rowan, Border,
Blair, Walters and Lane:
H. J. R. 111 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article ten thereof, by adding thereto a new section, designated section five-a, relating to
abolishing the consumers sales and service tax on food for human consumption; 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 Finance.
Delegates Perry, Louisos and Pino offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. R. 12 - "Declaring that the Engineering Program of the West Virginia University Institute
of Technology should remain in Montgomery."
Whereas, The heart and soul of the West Virginia University Institute of Technology is its
Engineering Program which is approximately one fourth of its student body; and
Whereas, The City of Montgomery and its citizens will suffer psychological and economic
loss if the engineering students leave; and
Whereas, The plan to create a Research Center in South Charleston is a laudable one, but
diminishing the student body of the West Virginia University Institute of Technology to benefit the Research Center is unnecessary to the Center's success; and
Whereas, The student body of the West Virginia University Institute of Technology has
been reduced because of the drastic loss of population in the southern portion of West Virginia,
coupled with the State's reduction of its financial support of its institutions of higher learning, which
has harmed West Virginia University Institute of Technology more than the other state colleges;
therefore, be it
Resolved by the House of Delegates:
That the House hereby declares that the Engineering Program of the West Virginia University
Institute of Technology should remain in Montgomery; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to prepare
copies of this resolution and forward them to the President of West Virginia University, the President
of West Virginia University Institute of Technology, the Chair of the Higher Education Policy
Commission and the Mayor of the City of Montgomery.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Staton and Browning:
H. B. 4394 - "A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as
amended, relating to designating the first day of April of each year as 'Coal Miners Memorial Day'
and making it a state holiday"; to the Committee on Government Organization then Finance.
By Delegates Sumner, Duke and Sobonya:
H. B. 4395 - "A Bill to amend and reenact º2-2-1 of the Code of West Virginia, 1931, as amended, relating to state holidays; clarifying that employees who work longer than eight hour days
are not charged leave time for the extra hours off"; to the Committee on Industry and Labor,
Economic Development and Small Business then the Judiciary.
By Delegates Argento, DeLong, Stemple, Martin, Talbott, Fragale and Beach:
H. B. 4396 - "A Bill to amend and reenact §61-3-54 of the Code of West Virginia, 1931, as
amended, relating to including persons who participate in or who contribute to taking a person's
identity with fraudulent intent under the provisions of the criminal offense of taking the identity of
another person"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 4397 - "A Bill to amend and reenact §29A-5-1, §29A-5-2, §29A-5-3 and §29A-5-4
of the Code of West Virginia, 1931, as amended, all relating to contested cases under the
Administrative Procedures Act; and providing for jury trials in certain cases"; to the Committee on
the Judiciary.
By Delegates Campbell, Williams, Perry, Beach, Leggett, Tansill, Wysong, Poling,
Paxton and Canterbury:
H. B. 4398 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as
amended, relating to improving the capacity of county boards of education to provide school health
services; authorizing contracting with health care agencies generally; providing for distribution to
counties of appropriations to support service needs that exceed the established capacity; and
changing the authorization for rule promulgation on the training and standards for specialized health
procedures performed by school personnel from the Public Health Commissioner to the West
Virginia Board of Education"; to the Committee on Education then Finance.
By Delegates G. White and Ennis:
H. B. 4399 - "A Bill to amend and reenact §17A-3-1a of the Code of West Virginia, 1931,
as amended, relating to prohibiting a person who has newly taken up residence in the state who is
in possession of a motor vehicle for more than sixty days which is registered to another person not
residing in the state, to operate that vehicle in the state without a West Virginia registration and
title"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Campbell, Williams, Eldridge, Hrutkay, Stemple, Paxton Leggett and
Martin:
H. B. 4400 - "A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as
amended, relating to authorizing certain students receiving instruction in fly fishing to fly fish while
under the supervision of an instructor without obtaining a license; conditions"; to the Committee on
Agriculture and Natural Resources then Finance.
By Delegates Howard and Sobonya:
H. B. 4401 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931,
as amended, relating to relieving the burden imposed on counties of incarcerating inmates in regional
jails by changing the way that the cost of incarcerating inmates in regional jails is collected so that
it is shared by the county, state and municipality wherein the alleged criminal act occurred; and
making the cost of incarcerating a person for less than twenty-four hours one-half the amount
charged for incarcerating an inmate for a full day"; to the Committee on the Judiciary then Finance.
By Delegate Louisos:
H. B. 4402 - "A Bill to amend and reenact §24D-1-13 of the Code of West Virginia, 1931,
as amended, relating to rates charged by cable television systems; appointment by Governor of three person rate review board within the Public Service Commission"; to the Committee on Government
Organization then Finance.
By Delegates Perry, Susman, Proudfoot, Varner, Hrutkay, Stephens, Crosier, Hartman
and Longstreth:
H. B. 4403 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-2a, relating to retention salary increases for Division of
Corrections' and Division of Juvenile Services' employees based on years of service"; to the
Committee on Finance.
By Delegates Boggs and Kominar:
H. B. 4404 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-6-37, relating to providing that indemnity agreements in motor
carrier transportation contracts are void and unenforceable as against public policy"; to the
Committee Roads and Transportation the Judiciary.
By Delegates Morgan and Amores:
H. B. 4405 - "A Bill to amend and reenact §60-3A-17 of the Code of West Virginia, 1931,
as amended, relating to increasing the percentage a liquor retail licensee may charge licensed clubs
and the general public to one hundred twenty percent of cost"; to the Committee on the Judiciary.
By Delegates Perry, Pino, Beach, Williams, Duke, Campbell, Poling and Sumner:
H. B. 4406 - "A Bill to amend and reenact §18A-2-12 of the Code of West Virginia, 1931,
as amended, relating to professional evaluations of classroom teachers; removing the requirement
to evaluate certain classroom teachers at least every three years; and making technical changes"; to
the Committee on Education.
By Delegate Beane:
H. B. 4407 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-14-12c, relating to the board of osteopathy generally; and
providing for criminal background checks on licensees; and providing for the assessment of a fee
for the background check"; to the Committee on Government Organization.
By Delegate Ashley:
H. B. 4408 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-4-9, relating to prohibiting cloning human embryos in state
medical schools, colleges or universities; and providing dismissal from employment for this
conduct"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Howard:
H. B. 4409 - "A Bill to amend and reenact §3-1-16 and §3-1-17 of the Code of West
Virginia, 1931, as amended; to amend and reenact §3-4A-11 and §3-4A-11a of said code; to amend
said code by adding thereto two new sections, designated §3-5-6a and §3-5-6b; to amend and reenact
§3-5-7, §3-5-13 and §3-5-13a of said code; to amend said code by adding thereto a new section,
designated §3-6-2a; and to amend and reenact §51-2-1 of said code, all relating to the nonpartisan
elections of justices of the West Virginia Supreme Court of Appeals and circuit court judges; timing
and frequency of election; ballot design and printing; separation from partisan ballot; filing
announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing
fees; and ballot content"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4410 - "A Bill to amend and reenact §15-2-4 and §15-2-5 of the Code of West
Virginia, 1931, as amended, relating to the appointment, temporary promotion and compensation
of the membership of the West Virginia State Police; providing for the temporary promotion from
the membership of the executive protection section of the West Virginia State Police; and providing
annual salary schedules for the West Virginia State Police"; to the Committee on Government
Organization then Finance.
By Delegates Pino, Boggs, Frich, Lane, Hall, Sobonya, Armstead, Michael, DeLong and
Susman:
H. B. 4411 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2F-1a; and to amend and reenact §16-2F-2, §16-2F-3,
§16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of said code, all relating to parental
notification requirements for abortions performed on unemancipated minors; providing that the
Family Court has jurisdiction over the provisions of the article; defining terms; providing for a
waiver; requiring notice to minors of a right to petition the family court; reporting requirements;
providing remedies; specifying when notice is not required; providing penalties; and providing a
severability clause"; to the Committee on the Judiciary.
By Delegate Spencer:
H. B. 4412 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-5-15, relating to providing an exemption of ten thousand
dollars of the valuation of motor vehicles for personal property taxation purposes"; to the Committee
on the Judiciary then Finance.
By Delegate Louisos:
H. B. 4413 - "A Bill to amend and reenact §62-3-15 of the Code of West Virginia, 1931, as
amended, relating to making a person convicted of first or second degree murder of a
law-enforcement officer, under certain circumstances, punishable by death"; to the Committee on
the Judiciary then Finance.
By Delegates Amores, Pethtel, Argento, Varner, Williams, Mahan, Craig, DeLong,
Morgan, Rick Thompson and Stemple:
H. B. 4414 - "A Bill to amend and reenact §62-6-2 of the Code of West Virginia, 1931, as
amended, relating to providing criminal penalties for violating a peace bond"; to the Committee on
the Judiciary.
By Delegates Doyle, Palumbo, Wells, Webster, Amores, Brown and G. White:
H. B. 4415 - "A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as
amended, relating to adding 'craft beer' to the state definition of 'nonintoxicating beer'"; to the
Committee on the Judiciary.
By Delegate Hunt:
H. B. 4416 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §39-1-2c, relating to preventing the recordation of fraudulent
deeds; duty of notification by the clerk of the county commission of each county; and allowing
collection of a fee to cover costs"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 4417 - "A Bill to amend and reenact §20-5-19 of the Code of West Virginia, 1931, as
amended, relating to state park campsite discounts for disabled persons; and providing the discount
be given year-round"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegate Hunt:
H. B. 4418 - "A Bill to amend and reenact §38-9-3 of the Code of West Virginia, 1931, as
amended, relating to homestead exemptions; clarifying provisions establishing a limited exemption
from attachment for debts for hospital or medical expenses incurred from a catastrophic illness or
injury; providing technical revisions; increasing the exemption; removing requirement for the
promulgation of legislative rules; and providing for liberal construction in favor of debtors"; to the
Committee on the Judiciary.
By Delegate Hunt:
H. B. 4419 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-11-18a, relating to enhancement of penalties for crimes against
the elderly"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 4420 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §39A-2-10a, relating to requiring commercial entities who
maintain databases containing resident individuals' personal information, to notify a resident
individual, in writing, whenever the individual's personal information has been compromised by
unauthorized disclosure; and defining personal information"; to the Committee on the Judiciary.
By Delegate Amores:
H. B. 4421 - "A Bill to amend and reenact §11A-3-23a of the Code of West Virginia, 1931,
as amended, relating to establishing the deadline for redeeming real estate sold for delinquent taxes
to the thirty-first day of March of the succeeding calendar year"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 4422 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §55-2-18a, relating to providing that the applicable statute of
limitations is tolled as to all potential third-party defendants after an initial tortfeasor is sued"; to the
Committee on the Judiciary.
By Delegates Eldridge, Marshall, Miley, Caputo, DeLong, Manchin, Webster, Brown
and Perdue:
H. B. 4423 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-11-5b, relating to prohibiting the use of a person's credit
history in insurance transactions"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Iaquinta, Long, Poling, Perdue, Talbott,
Morgan, Palumbo, Fragale and Tansill:
H. B. 4424 - "A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as
amended, relating to increasing the excise tax on tobacco products"; to the Committee on Health and
Human Resources then Finance.
By Delegate Hunt:
H. B. 4425 - "A Bill to amend and reenact §60-8-30 of the Code of West Virginia, 1931, as
amended, relating to requiring that wine distributorships be divided into territories; and providing
criminal penalties for violators"; to the Committee on the Judiciary.
By Delegates Eldridge, Marshall, Miley, Manchin, DeLong, Caputo and Webster:
H. B. 4426 - "A Bill to amend and reenact §18B-14-10 of the Code of West Virginia, 1931,
as amended, relating to credit card solicitation on college campuses; and providing a misdemeanor
penalty for violations"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 4427 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §61-13-1, §61-13-2, §61-13-3, §61-13-4, §61-13-5, §61-13-6,
§61-13-7, §61-13-8, §61-13-9, §61-13-10 and §61-13-11, all relating to enacting the Elder and
Mental Retardation Offense Registration Act; requiring registration of persons convicted of criminal
offenses against persons sixty-five years of age or older and mentally retarded persons; requiring
information on change of address; duration of registration requirement; providing for the distribution
of registration information; imposing duties regarding registration on institutional officials;
providing for information disclosure when registrant moves out-of-state; providing penalty for failure
to register or provide change of address; providing for registration of out-of-state offenders; and
providing for annual address verification"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Morgan, Craig, Amores, G. White,
Overington, Trump, Sobonya, Palumbo and Ashley:
H. B. 4428 - "A Bill to amend and reenact §11-15-9g of the Code of West Virginia, 1931,
as amended, relating to the consumer's sales and service tax generally; and creating an exemption
for purchases of back-to-school clothing and school supplies by consumers during a three-day period
in August, two thousand six"; to the Committee on Finance.
By Delegates Mahan and Sumner:
H. B. 4429 - "A Bill to amend and reenact §17-16A-23 of the Code of West Virginia, 1931,
as amended, relating to providing for the installation of land-based telephone service along portions
of the West Virginia Turnpike where no cellular telephone service exists"; to the Committee on
Roads and Transportation then Finance.
By Delegates Beach, Hamilton, Perry and Varner:
H. B. 4430 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended, relating to exempting magistrates from the licensing requirements for carrying a concealed
weapon"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Staton:
H. B. 4431 - "A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as
amended, relating to allowing the clerk of the county commission to set reasonable fees charged for
electronic or other medium versions of documents recorded in the office of clerk of the county
commission"; to the Committee on the Judiciary.
By Delegate Amores:
H. B. 4432 - "A Bill to repeal §59-2-2 of the Code of West Virginia, 1931, as amended,
relating to security by nonresidents for costs"; to the Committee on the Judiciary.
By Delegates Craig, Leach and Morgan:
H. B. 4433 - "A Bill to establish the western West Virginia Highway Authority to include
representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment of officers;
and powers of authority"; to the Committee on Government Organization then Finance.
By Delegates Craig, Leach and Morgan:
H. B. 4434 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §8-11-1c, relating to costs assessed against certain criminal
defendants in municipal courts; adding a cost to benefit counties; and addressing distribution of costs
when a defendant fails to pay any or only part of assessed costs"; to the Committee on Political
Subdivisions then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Palumbo:
H. B. 4435 - "A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as
amended, relating to eliminating the doctrine of 'constructive exhaustion', as enunciated in Horace
Mann Insurance Company V. Adkins, 215 W.Va. 297, 599 S.E.2d 720 (W.Va. 2004), relative to an
insured's right to recover underinsured benefits from the insured's insurance carrier"; 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. 4349, Continuing the Division of Motor Vehicles,
And,
H. B. 4350, Continuing the Family Protection Services Board.
On the passage of the bills, the yeas and nays were taken (Roll No. 60), and there were--yeas
97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Schoen and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (H. B. 4349 and H. B. 4350) 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
H. B. 2607, Expanding newborn screening by adding sickle cell anemia and adrenal
hyperplasia;
on second reading, coming up in regular order, was read a second time and ordered to engrossment and 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 H. B. 4008, Relating to authorizing city and county housing authorities to
merge to form a regional housing authority,
Com. Sub. for H. B. 4096, Relating to amount of an appeal bond,
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,
H. B. 4391, Continuing the State Rail Authority,
And,
H. B. 4392, Continuing of the West Virginia Conservation Agency.
House Calendar
Third Reading
The following bills, coming up in regular order, were, on motion of Delegate Staton, laid
over one day:
Com. Sub. for H. B. 2141, Prohibiting persons from soliciting contributions on public
highways,
And,
Com. Sub. for H. B. 4022, Relating to medically ineffective cardiopulmonary resuscitation
for terminally ill patients.
H. B. 4308, Limiting the definition of conviction for purposes of administrative license
revocation proceedings; on third reading, coming up in regular order, was read a third time.
Delegates Ellem, Armstead, Beane, Howard, Trump and Staton requested to be excused
from voting on the passage of H. B. 4308 under the provisions of House Rule 49, stating that their
law firms were engaged in license revocation proceedings and appeals.
The Speaker stated the aforementioned members did not represent a direct personal or
pecuniary interest related to the bill and, therefore, refused to excuse them from voting.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 63),
and there were--yeas 81, nays 16, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Armstead, Ashley, Blair, Border, Carmichael, Frich, Hamilton, Louisos, Miley,
Roberts, Sobonya, Stevens, Tabb, Trump, Wakim and Walters.
Absent And Not Voting: Ferrell, Schoen and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4308) 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. 4106, Relating to one-day licenses for the sale and serving of wine at non-profit fundraising events; on second reading, coming up in regular order, was read a second time and
ordered to engrossment and 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 H. B. 4296, Providing employer immunity from liability for disclosing
job-related information concerning an employee or former employee to a prospective employer;
Com. Sub. for H. B. 4306, Creating a criminal offense for picketing or disrupting funerals
or memorial services,
And,
H. B. 4368, Relating to penalties imposed against licensed wine sellers for ABC violations.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell, Schoen and Yost.
At 1:35 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 7, 2006.