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Wednesday, February 8, 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, February 7, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4240, Changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4240 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-3C-13, relating to changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College,"
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. 4240) 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. 2312, Requiring grab bars to be installed in all hotel and motel tubs and showers,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 2312 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-6-14a, relating to the requirements for designated handicapped accessible rooms in motels and hotels; requiring tubs and showers in every hotel or motel room that has been designated or held out to be handicapped accessible to include grab bars on all walls of the tub or shower, consistent with applicable design standards of the Americans with Disabilities Act of 1990",
And,
H. B. 4107, Clearly defining the offense of abuse or neglect of incapacitated adults or elder persons which result in the death of such persons, to include the offense of murder,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for 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; defining terms; and providing enhanced periods of incarceration for the offense of abuse or neglect of incapacitated adults or elder persons which result in the death of such persons,"
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 2312 and Com. Sub. for H. B. 4107) 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. 3201, Relating to the compensation of secretary-clerks to family court judges,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3201) was referred to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4041, Providing limited immunity from civil damages for persons who volunteer their services to public health departments,
And,
H. B. 4065, Relating to notification of parole hearings,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4041 and H. B. 4065) will be placed on the Consent Calendar.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor, advising that on February 7, 2006, he approved H. B. 4037.
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
Com. Sub. for S. B. 174 - "A Bill to amend and reenact §15-2-31a and §15-2-37 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 State Police Death, Disability and Retirement Fund; clarifying earnings information required; requiring examination of certain records; clarifying substantial gainful activity, establishing earnings limits and providing for annual adjustment; authorizing benefit termination for and reapplication by disability retirants terminated for failure to maintain eligibility due to income or type of employment; requiring medical exam at applicant's expense on reapplication; clarifying reinstatement for reenlisting members; and providing for termination and recovery of benefits for misrepresentation"; which was referred to the Committee on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 364 - "A Bill to repeal §21-1C-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §21-1C-5 of said code, relating to continuing the West Virginia Jobs Act; and requiring annual reports by the Division of Labor"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 479 - "A Bill to amend and reenact §15-11-2 of the Code of West Virginia, 1931, as amended, relating to expanding the funeral expense payment benefit to include all probation officers killed in the line of duty"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 480 - "A Bill to amend and reenact §50-3-2 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of time to pay costs of criminal proceedings"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 481 - "A Bill to amend and reenact §48-27-311 of the Code of West Virginia, 1931, as amended, relating to domestic violence protective orders served on persons out-of-state having the same force and effect as those served in-state"; which was referred to the Committee on the Judiciary.
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 483 - "A Bill to amend and reenact §44-10-3 of the Code of West Virginia, 1931, as amended, relating to confidentiality of circuit court records involving guardianship of minors"; which was referred to the Committee on the Judiciary.
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 484 - "A Bill to amend and reenact §62-11C-5 of the Code of West Virginia, 1931, as amended, relating to authorizing the use of community corrections programs in pretrial supervision"; which was referred to the Committee on the Judiciary.

Resolutions Introduced

Delegate Rowan (By Request) offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 40 - "Declaring the Timber Rattlesnake to be the official state reptile."
Whereas, The Timber Rattlesnake is present throughout West Virginia and is an integral part of the history, culture and ecology of West Virginia and the United States; and
Whereas, The Timber Rattlesnake's color and pattern is reminiscent of West Virginia's fauna and flora, the Timber Rattlesnake is indicative of our mountainous topography and the Timber Rattlesnake is important to preserve as a predator and as prey in West Virginia's ecology; and
Whereas, The Timber Rattlesnake kills mice and rats at no cost, while leaving no unnatural chemical residue and is a popular icon that does attract attention and thereby may enhance tourism in West Virginia; and
Whereas, The Timber Rattlesnake is currently a symbol being used by the United States Navy's "Don't Tread on Me" flag to symbolize the courage, dedication and sacrifice by our fighting men and women on all fighting ships in the War on Terrorism; and
Whereas, No other state has adopted the Timber Rattlesnake as a state reptile, West Virginia should be the first; therefore, be it
Resolved by the Legislature of West Virginia:
That the Timber Rattlesnake is hereby designated and declared to be the official state reptile.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Sumner, Eldridge, Overington, Louisos, Lane, Tansill, Walters and Sobonya:

H. J. R. 112 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section 57, relating to providing that the Constitution does not require the State to pay for any abortion; 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.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Amores, Armstead, Morgan, Ellem and Schadler:
H. B. 4458
- "A Bill to amend and reenact §11-12C-3 and § 46-9-523 of the Code of West Virginia, 1931, as amended, relating to the sale of bulk data in electronic format from the Uniform Commercial Code and Corporation Data Bases electronically stored in the Secretary of State's Office"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 4459
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §44-14-6, relating to providing a statute of limitations for sales by a substitute trustee"; to the Committee on the Judiciary.
By Delegate Ron Thompson:
H. B. 4460
- "A Bill to amend and reenact §21-10-4 of the Code of West Virginia, 1931, as amended, relating to reducing the annual inspection fee imposed on amusement rides and attractions"; to the Committee on Finance.
By Delegates Sobonya, Howard, Lane, Sumner, Armstead, Hamilton, Carmichael, Frich, Wakim, Stevens and Blair:

H. B. 4461
- "A Bill to amend and reenact §15-12-1, §15-12-1a, §15-12-2, §15-12-2a, §15-12-2b and §15-12-8, of the Code of West Virginia, 1931, as amended; to amend and reenact §61-2-14 of said code; to amend and reenact §61-8-6, §61-8-7, §61-8-12, of said code; to amend and reenact §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8, §61-8B-9 and §61-8B-10; to amend and reenact §61-8C-2 and §61-8C-3; to amend and reenact §61-8D-5 and §61-8D-6; to amend said code by adding thereto a new article, designated §62-11D-1, §62-11D-2, §62-11D-3, §62-11D-4, §62-11D-5, §62-11D-6, §62-11D-7, §62-11D-8, §62-11D-9, §62-11D-10, §62-11D-11, §62-11D-12, §62-11D-13, §62-11D-14, §62-11D-15, §62-11D-16, §62-11D-17, §62-11D-18, §62-11D-19 and §62-11D-20; to amend and reenact §62-12-2 of said code; to maned and reenact §62-12-26 of said code; and to amend said code by adding thereto a new section, designated §62-12-26a, all relating to establishing 'Logan's Law'; setting forth certain findings; increasing penalties for certain sex offenses against minors; eliminating probation for certain sex offenders; providing for a sentence of life in prison without parole for certain offenses that result in the death of a minor; prohibiting sex offenders from residing in certain area; limiting access to minors by sex offenders; eliminating the granting of 'good time' by prison officials for persons convicted of crimes against minors; including persons convicted of a second violent sexual offense as a violent sexual predator; requiring twice yearly registration and re-registration by violent sexual predators, providing criminal offenses for failing to re-register, failing to respond to address verification, failing to report or providing false information about a violent sexual predator, and harboring or concealing a sexual predator; providing penalties for violations; providing for twenty-five year mandatory minimum term of imprisonment for violent sexual predators; providing a sentence for life for violent sexual predators who commit certain sexual crimes against certain minors; providing for split sentencing; requiring the court to impose a split sentence in certain circumstances; requiring increased supervision of violent sexual predators under certain circumstances; requiring use of electronic monitoring device including 'GPS' monitoring, before release of certain offenders; prohibiting the intentional altering, tampering, damaging or destroying of any electronic monitoring equipment; providing a penalty for violations establishing a procedure for committing sexually violent predators; setting forth certain findings; requiring notice to prosecuting attorney of proposed release of sexually violent predator; providing for the filing of a commitment petition for a sexually violent predator; providing for a probable cause hearing on the petition; setting forth certain rights of the parties; requiring the filing of a petition for conditional release; setting forth procedures for determining unconditional discharge of sexually violent predator; providing for hearing on least restrictive alternative; conditional release to a less restrictive setting; providing for the apprehension of persons placed in less restrictive alternatives; hearing and revocation of placement; setting forth certain responsibilities of the Department of Health and Human Resources; approval of community service personnel by Department of Health and Human Resources; providing for the release of certain information; establishing a procedure on escape or disappearance of violent sexual offenders; notice of escape and recapture; and providing for rules for legislative approval; specifying additional conditions for certain violent sexual offenders placed under community control; providing for imprisonment for life for sexually violent predators and imprisonment from twenty five years to life for first degree sexual offenses against minors; providing for split sentencing; providing for terms and conditions of supervised release; extended supervision; electronic monitoring; and penalty for destruction of monitoring device"; to the Committee on the Judiciary.
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. In the absence of objection, the following bill was transferred to first reading, Special Calendar:
Com. Sub. for H. B. 4004, Relating to the use of a traffic law photo-monitoring device to detect traffic law violations, by Delegate Trump.
Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
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.
On the passage of the bills, the yeas and nays were taken (Roll No. 67), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ennis, Ferrell, Swartzmiller and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 4008, Com. Sub. for H. B. 4096, H. B. 4353, H. B. 4391 and H. B. 4392) 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

S. B. 370, Creating personal property tax exemption for farm equipment and livestock; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page six, section nine, lines ninety-three through ninety-five, by striking out subdivision (28) in its entirety, and inserting in lieu thereof the following:
"(28) Personal property, including livestock, employed exclusively in agriculture, as defined in article ten, section one of the West Virginia Constitution, and the products of agriculture while owned by the producer; and".
The bill was then ordered to third reading.
First Reading

Com. Sub. for H. B. 4313, Relating to petitions of appeal of domestic violence emergency protective orders; on first reading, coming up in regular order, was read a first time and ordered to second reading.
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.
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;
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. 73), and there were--yeas 77, nays 19, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Brown, Butcher, Caputo, Eldridge, Fragale, Hatfield, Hrutkay, Iaquinta, Longstreth, Louisos, Manchin, Martin, Poling, Porter, Spencer, Susman, Tucker, Walters and Webster.
Absent And Not Voting: Ennis, Ferrell, Swartzmiller and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4296) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4368, Relating to penalties imposed against licensed wine sellers for ABC violations; 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. 74), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Armstead.
Absent And Not Voting: Ennis, Ferrell, Swartzmiller and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4368) 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

Com. Sub. for H. B. 4306, Creating a criminal offense for picketing or disrupting funerals or memorial services;
on second reading, coming up in regular order, was read a second time. On motion of Delegate Amores, the bill was amended on page two, section fourteen-a, line eight, following the word "procession", by striking out the words "with the intent to incite or produce imminent lawless action and is likely to incite or produce such action" and inserting in lieu thereof a comma and the words "disturbs the peace of those persons attending a funeral or memorial service, or funeral procession, and who persist in such conduct after being requested to desist by a law-enforcement officer acting in his lawful capacity" followed by a comma.
The bill was then 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. 4129, Providing a full disclosure of the percentage of the contribution that will go to the professional solicitor and the percentage of the contribution that will go to the charitable organization,
And,
Com. Sub. for H. B. 4004, Relating to the use of a traffic law photo-monitoring device to detect traffic law violations.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ennis, Ferrell, Swartzmiller and Yost.
Miscellaneous Business

Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegate Barker concerning insurance credit scoring be printed in the Appendix to the Journal.
At 12:06 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 9, 2006.