________*__________




Friday, February 17, 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 16, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2982, Providing meetings and conference rights for members of municipal fire departments,
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. 2982) was referred to the Committee on the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2104, Providing that retiring municipal police officers may keep their service revolver,
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. 2104) was referred to the Committee on the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4100, Providing a salary increase for elected county officials,
And reports the same back, by unanimous vote of the Committee, with amendment, 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. 4100) was referred to the Committee on Finance.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4399, Preventing a new resident of the state from avoiding purchase of a West Virginia license plate by claiming that the vehicle is "borrowed" from a resident of another state,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, 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. 4399) was referred to the Committee on the Judiciary.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4404, Providing that indemnity agreements in motor carrier transportation contracts are void and unenforceable as against public policy,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, 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. 4404) was referred to the Committee on the Judiciary.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4104, Exempting from the sales and use tax special equipment installed in a motor vehicle for the use of a person with physical disabilities,
And reports the same back, by unanimous vote of the Committee, with amendment, 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. 4104) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4321, Relating to definitions and modifications of exemptions from notification and licensure with respect to lead abatement,
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 Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4321) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4488, Creating a commission to complete a comprehensive study of the state's behavioral health system,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4488 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5, §16-42-6 and §16-42-7, all relating to a study of the behavioral health system of West Virginia; creating a commission of public and private citizens; setting forth findings and the purpose; setting forth the requirements of the study; requiring the commission to submit periodic and final reports; requiring the department of health and human resources to submit periodic reports; providing for compensation of commission members; and including a date certain for the conclusion of the commission's work,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4488) to the Committee on Government Organization was abrogated.
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. 4488) will be placed on the Consent Calendar.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4383, Continuing the pilot program offered through a Community Access Program to coordinate health care provider reimbursements indefinitely as determined by the insurance commissioner,
And reports the same back, by unanimous vote of the Committee, with amendment, 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 (H. B. 4383) 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 (H. B. 4383) will be placed on the Consent Calendar.
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. 4220, Occupational therapy, licensure,
H. B. 4224, Radiologic Technology Board of Examiners, ethics standards,
And,
H. B. 4237, Osteopathy, osteopathic physician assistants,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4220, H. B. 4224 and H. B. 4237) were each referred to the Committee on the Judiciary.
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. 4226, Rehabilitation services, Ron Yost Personal Assistance Services Act Board,
H. B. 4146, Department of Environmental Protection, Oil and Gas Conservation Commission,
And,
H. B. 4165, Radiologic Technology, Board of Examiners ,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4226, H. B. 4146 and H. B. 4165) were each referred to the Committee on the Judiciary.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4491, Establishing the third week of October as Disability History Week for the State of West Virginia,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4491 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-10O-1, §18-10O-2, §18-10O-3, §18-10O-4 and §18- 10O-5, all relating to increasing the awareness and understanding of the history and contributions of people with disabilities in the state, nation and world; designating the third week of October as Disability History Week for the state of West Virginia; requiring integration of instruction on disability history, people with disabilities and the disability rights movement into the existing public school curriculum; legislative findings; and defined terms,"
And,
H. B. 4253, Removing the requirement that the chairperson of Shepherd University and the chairperson of the Community and Technical College of Shepherd sit on each others board of governors,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4253 - "A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-3C-8 of said code, all relating to removing the requirement that certain governing board chairs serve as members on certain other governing boards; and deleting obsolete provisions,"
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. 4491 and Com. Sub. for H. B. 4253) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4157, Insurance Commission, medicare supplemental insurance,
H. B. 4173, Administration, waste disposal of state property,
H. B. 4178, Auditor, state purchasing card program,
H. B. 4180, Consolidated Public Retirement Board, benefit determination and appeals,
H. B. 4181, Consolidated Public Retirement Board, teachers' defined benefit plan,
H. B. 4183, Consolidated Public Retirement Board, state police,
H. B. 4184, Consolidated Public Retirement Board, deputy sheriff retirement system,
H. B. 4200, Health and Human Resources, hospital licensure,
H. B. 4201, Health and Human Resources, assisted living residences,
H. B. 4204, Health and Human Resources, cancer registry,
H. B. 4205, Health and Human Resources, Alzheimer's/dementia special care units,
And,
H. B. 4206, Health and Human Resources, opioid treatment programs,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4157, H. B. 4173, H. B. 4178, H. B. 4180, H. B. 4181, H. B. 4183, H. B. 4184, H. B. 4200, H. B. 4201, H. B. 4204, H. B. 4205 and H. B. 4206) were each referred to the Committee on the Judiciary.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4168, Tax Department, valuation of active and reserve property,
H. B. 4170, Administration, leasing space, state spending units,
H. B. 4171, Administration, design-builders,
H. B. 4172, Administration, cannibalization of state property,
H. B. 4182, Consolidated Public Retirement Board, service credit for accured and unused sick and annual leave,
H. B. 4214, Motor Vehicles, driving privileges,
H. B. 4223, Racing Commission, greyhound racing,
H. B. 4230, Statewide Addressing and Mapping Board, Fund final distribution,
H. B. 4231, Statewide Addressing and Mapping Board, standard fees for planimetric evalutation data,
And,
H. B. 4232, Tax Department, business registration certificate-suspension for failure to pay personal property taxes,
And reports the same back, with amendment, by unanimous vote of the Committee, with the recommendation that they each do pass but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4168, H. B. 4170, H. B. 4171, H. B. 4172, H. B. 4182, H. B. 4214, H. B. 4223, H. B. 4230, H. B. 4231 and H. B. 4232) were each referred to the Committee on the Judiciary.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4603, Authorizing rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education regarding authorization of degree granting institutions,
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. 4603) will be placed on the Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4547, Increasing the funds available for transfer to the prepaid Tuition Escrow Fund in certain circumstances,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4547) was referred to the Committee on Finance.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4544, Allowing for more teachers to be reimbursed for approved course work,
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 Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4544) was referred to the Committee on Finance.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4126, Relating to retention of seniority for the purpose of seeking reemployment for professional employees whose employment with a county board of education was terminated voluntarily,
And reports the same back, with amendment, 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. 4126) was referred to the Committee on Finance.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4077, Establishing a state minimum salary supplement for professional personnel holding a nationally recognized professional certification in speech-language pathology, audiology or counseling,
And reports the same back, by unanimous vote of the Committee, with amendment, 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. 4077) was referred to the Committee on Finance.
Chairman Stemple, from the Committee on Agriculture and Natural Resources , submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4453, Clarifying the powers and duties of conservation officers as it relates to the enforcement of litter and other laws,
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. 4453) was referred to the Committee on the Judiciary.
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. 2153, Providing certain correctional officers be transferred into the civil service system as covered employees,
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. 2153) 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. 4386, Ratifying the National Crime Prevention and Privacy Compact,
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. 4386) 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. 4489, Testing of electronic voting machines used for early voting in order to allow their use on election day,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4489 - "A Bill to amend and reenact §3-4A-13 and §3-4A-26 of the Code of West Virginia, 1931, as amended, all relating to the testing of electronic voting machines used for early voting in order to allow their use on election day,"
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. 4489) 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. 4256, Providing a procedure for removal of county, district or municipal officers,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4256 - "A Bill to amend and reenact §6-6-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6- 6-7a, all relating to providing a procedure for removal of county, district or municipal officers; providing a procedure for removal of members appointed to county or municipal boards, authorities or commissions for fixed terms; requiring written notice of intent to remove; allowing an appointed member to object in writing to removal; requiring a hearing when a member objects to removal; requiring a written decision after a removal hearing to include findings of fact and conclusions of law supporting the decision whether or not to remove a member of a board, authority or commission; setting time periods for certain actions; authorizing the appeal of a decision to circuit court; requiring written decisions when removing members who fail to respond to notice of intent to remove; authorizing appointment of persons to fill vacancies created when a member is removed; and making technical corrections,"
With the recommendation that the committee substitute do pass.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 32, Designating December 6 annually as "Miner's Day".
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. 183 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration generally; providing for the issuance of a special Lions International membership license plate; providing for the issuance of a special plate recognizing organ and tissue donors; providing for the issuance of a special West Virginia Bar Association membership license plate; assessing a special initial application fee and a special annual fee therefor; changing the scenic license plate issued by the Division of Motor Vehicles to display the motto 'Open for Business' and provide a portrait of the New River Gorge Bridge as a background; revising the criteria before the commissioner may initiate the design and production of a special license plate; and encouraging the commissioner to utilize technology in the design, production and issuance of registration plates, including offering internet renewal of vehicle registration"; which was referred to the Committee on Roads and Transportation then Finance.
Resolutions Introduced

Delegate Ashley offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 56 - "Requesting the Division of Highways to name the bridge at the intersection of U.S. 119 and West Virginia Route 36 in Spencer, the 'Veterans' Memorial Bridge'."
Whereas, Citizens from Roane County, West Virginia, serving in the United States Army, Navy, Air Force, Marine Corp and Coast Guard have performed admirably, honorably, and with distinction during their service to the nation; and
Whereas, The diligent efforts of members of the Armed Services have provided safety and security to the United States of America; and
Whereas, Members of the Armed Services have promoted freedom and democracy around the world and faithfully answered the call to resist aggressors; and
Whereas, In both times of peace and conflict, members of the Armed Services have consistently placed the welfare of the United States of America above personal need; and
Whereas, Members of the Armed Services have placed themselves in harm's way in defense of freedom, many giving what President Abraham Lincoln called "the last full measure of devotion"; and
Whereas, Since the time of the Revolutionary War, members of the Armed Services have secured the blessings of liberty for posterity; and
Whereas, A great debt of gratitude is owed to those who have served the United States of America in uniform with both diligence and pride; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge at the intersection of U.S. 119 and West Virginia Route 36 in Spencer, the "Veterans' Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on the bridge signs identifying it as the "Veterans' Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and the Director of the Division of Veterans' Affairs.
Mr. Speaker, Mr. Kiss, and Delegates Staton, Amores, Beane, Browning, Campbell, Kominar, Leach, Mahan, Michael, Pino, Varner, Armstead, Border, Carmichael, Hall and Trump offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 57 - "Requesting the Joint Committee on Government and Finance in conjunction with the Department of Environmental Protection to study the feasibility of a state dam safety rehabilitation fund."
Whereas, The Legislature finds that deficient high hazard potential dams do not meet state compliance standards resulting in the likelihood of the loss of life or property if the dams are compromised over time or during a major storm; and
Whereas, The Department of Environmental Protection is tasked with the regulation and supervision of dams in this state in order to protect public health, safety and welfare; and
Whereas, The Department of Environmental Protection maintains a List of Deficient Dams which requires updating by means of inspections, evaluations and calculations and is to update this list for the requested study; and
Whereas, Identification of funding sources, mechanisms for rehabilitation of deficient dams, and public/private ownership issues require further study; therefore, be it
Resolved by the Legislature of West Virginia:
That, in recognition of the limited state resources available, the Joint Committee on Government and Finance in conjunction with the Department of Environmental Protection is hereby requested to jointly study funding mechanisms to address deficient high hazard potential dams, including, but not limited to, the feasibility of a state dam safety rehabilitation revolving fund dedicated to projects addressing the deficient high hazard potential dams of the state.
Delegates Evans, Stevens, Michael and Ashley offered the following resolution, which was read by the Clerk as follows:
H. R. 15 - "Commemorating the life of Larkin B. Ours, gentleman, farmer, statesman and former member of the House of Delegates from Grant County."
Whereas, Larkin Bond Ours was born April 4, 1917, in Grant County, West Virginia. A son of the late George E. and Sallie B. Ours, he was raised in Grant County and educated in the public schools; and
Whereas, On April 4, 1937, he married the former Helen V. Keller and together they had one daughter, Sally Ann, who survives him. He is also survived by two grandchildren and six great-grandchildren; and
Whereas, Mr. Ours, who resided at Dorcas in Grant County, served his State with honor and distinction in this legislative body. He was first elected from Grant County in 1954, and thereafter, reelected from Grant County in 1956, 1958, 1960, 1962, and from the Second Delegate District comprised of Grant and Tucker counties in 1964, 1966, 1968, 1970, 1972, and 1974; and
Whereas, During his service in the House of Delegates, Mr. Ours served on the Committees on Agriculture and Natural Resources; Finance; Redistricting; Rules; and the Joint Committee on Government and Finance, and he was acknowledged and recognized for his expertise on the state budget in general and the school aid formula in particular; and
Whereas, Mr. Ours was a Baptist and a Mason and served as a member of the Grant County, West Virginia and American Hereford Breeders Association; West Virginia Poultry Association; Grant County Rod and Gun Club; Petersburg Industrial Development Corporation; Visiting Committee Appalachian Center, West Virginia University; and the Commission on Aging. In addition, he was a former Director of the Southern States Cooperative and a former President of the Grant County Farm Bureau; and
Whereas, Mr. Ours departed this earthly life on December 2, 2005, at the age of eighty-eight and his passing should not go unnoticed; therefore, be it
Resolved by the House of Delegates:
That regret is hereby expressed by the members of the House of Delegates at the passing of Larkin B. Ours, gentleman, farmer, statesman, and former member of the House of Delegates; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this resolution for the surviving family members of Larkin B. Ours.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 15) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Petitions

Delegates Poling, Hamilton and Stalnaker presented a petition, signed by one thousand two hundred fifteen residents of the 38th, 39th and 40th District, urging support of the Parent's Right to Know Act; which was referred to the Committee on the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Beane, Talbott, Blair, Ennis, Iaquinta and Swartzmiller:
H. B. 4604 - "A Bill to amend and reenact §48-26-401 of the Code of West Virginia, 1931, as amended, relating to the Family Protection Service Board generally; providing for criminal background checks on licensees and employees of programs receiving funding from the board; and providing for the assessment of a fee for the background check"; to the Committee on Government Organization.
By Delegates Beane, Yost, Talbott, Blair, Ennis, Iaquinta and Swartzmiller:
H. B. 4605
- "A Bill to amend and reenact §48-26-301 of the Code of West Virginia, 1931, as amended, relating to the family protection services board generally; and increasing the number of members on the board from five to seven"; to the Committee on Government Organization.
By Delegates Beane, Yost, Talbott, Blair, Ennis, Iaquinta and Swartzmiller:
H. B. 4606 - "A Bill to amend and reenact §30-40-20 of the Code of West Virginia, 1931, as amended, relating to the Real Estate Licensing Act generally; and eliminating the requirement that complaints be verified"; to the Committee on the Judiciary.
By Delegates Beane, Yost, Talbott, Blair, Ennis, Iaquinta and Swartzmiller:
H. B. 4607
- "A Bill to amend and reenact §30-40-7 of the Code of West Virginia, 1931, as amended, relating to the Real Estate Commission generally; providing for criminal background checks through the Federal Bureau of Investigation on all applicants; and providing for the assessment of a fee to cover the cost of the criminal background check"; to the Committee on the Judiciary.
By Delegates Beane, Yost, Talbott, Ennis, Iaquinta and Swartzmiller:
H. B. 4608
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-5y, relating to requiring the Tax Commissioner to disclose certain tax information to the Consolidated Public Retirement Board to aid it in administering retirement plans' disability retirement benefits"; to the Committee on Pensions and Retirement then Finance.
By Delegates Beane, Yost, Talbott, Ennis, Iaquinta and Swartzmiller:
H. B. 4609
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-21-22, relating to requiring the Supreme Court of Appeals to establish uniform procedures and criteria to be used by circuit judges in determining the circumstances under which the judges order repayment of the costs of representation provided under the Public Defender System"; to the Committee on the Judiciary then Finance.
By Delegates Perry, Barker, Eldridge, Fragale, Louisos, Argento, Tucker, Williams, Duke, Paxton and Miley:

H. B. 4610 - "A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Insurance Agency; providing that the cost of coverage for participating retired employees may not be subsidized by participating active employees; and providing that aggregate cost sharing percentages between employers and employees include employee premiums, copays, deductibles and out-of-pocket expenses in the financial plans of the agency"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss:
H. B. 4611
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5 and §11-13W-6; and to amend and reenact §15-5-11 of said code, all relating to taxation generally; definitions; specifying the method for determining the tax credit; specifying when credit may be taken; and civil liability for aiding an accident victim"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Mahan and Staton:
H. B. 4612 - "A Bill to amend and reenact §29-20-1, §29-20-3, §29-20-4 and §29-20-6 of the Code of West Virginia, 1931, as amended, relating generally to the West Virginia Women's Commission"; to the Committee on Government Organization.
By Delegates Campbell and Williams:
H. B. 4613
- "A Bill to amend and reenact §18A-3-6 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Superintendent of Schools to issue subpoenas and subpoenas duces tecum in connection with investigations of licensure matters and hearings on revocations or certificate denials; and authorizing the superintendent to institute court proceedings to enforce subpoenas"; to the Committee on Education.
By Delegate Campbell:
H. B. 4614 - "A Bill to amend and reenact §60-1-3 of the Code of West Virginia, 1931, as amended, relating to establishing certain requirements regarding direct shipment, delivery and receipt of alcoholic beverages"; to the Committee on the Judiciary.
By Delegate Poling:
H. B. 4615
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-7-1a, relating to providing a one thousand dollar increase to all state employees who do not otherwise receive a salary increase during the two thousand six regular session of the Legislature"; to the Committee on Finance.
By Delegates Amores, Craig, Kominar, Pethtel, Williams, Stemple, Eldridge and
Tucker:

H. B. 4616
- "A Bill to amend and reenact §46A-6-101 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-6-105 of said code, all relating to encouraging consistent statutory construction of state and federal consumer protection laws; and providing an exemption for acts permitted by the Federal Trade Commission"; to the Committee on the Judiciary.
By Delegate Susman:
H. B. 4617 - "A Bill to amend and reenact §11-15-3 of the Code of West Virginia, 1931, as amended, relating to the consumers sales tax generally; and phasing out the consumers sales tax on food over a period of ten years"; to the Committee on Finance.
By Delegates Stalnaker, Williams and Stemple:
H. B. 4618
- "A Bill to amend and reenact §20-2-34 of the Code of West Virginia, 1931, as amended, relating to increasing the percentage of the "license fund-wildlife resources" derived from license fees that may be used for capital improvements and land purchases for benefitting state wildlife from ten to twenty percent; and correspondingly decreasing the amount from these fees that are budgeted for the wildlife resources division by ten percent"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegate Marshall:
H. B. 4619
- "A Bill to amend and reenact §11-21-74 of the Code of West Virginia, 1931, as amended, relating to personal income tax; requiring employers to submit copy of employee's withholding statement with an annual reconciliation of income tax withheld; and, requiring employer with two hundred fifty or more employees to submit withholding statements electronically"; to the Committee on Finance.
By Delegates H. White, Kominar, Stalnaker, Ron Thompson, G. White and Perry:
H. B. 4620 - "A Bill to amend and reenact §31A-2-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-2-2 of said code, all relating generally to specific state officials' salaries and providing for salary range for the same"; to the Committee on Finance.
By Delegates Beane, Border, Anderson, Azinger and Ellem:
H. B. 4621 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-9A-101, §48-9A-102, §48-9A-103, §48-9A-104, §48-9A-105 and §48-9A-106, all relating to Joint Parenting Act and custody of children after divorce; providing certain rebuttable presumptions concerning custody; adding procedures and criteria relating to determining the custody of children; addressing relocation of parents; addressing certain tax implications; and including contempt provisions"; to the Committee on the Judiciary.
By Delegates Swartzmiller, Anderson, Stemple and Ashley:
H. B. 4622 - "A Bill to amend and reenact §22-6-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-21-8 of said code, all relating to reducing certain oil and gas well and methane gas well performance bonds"; to the Committee on the Judiciary.
By Delegates Proudfoot, Perdue and Campbell:
H. B. 4623
- "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-2-11 of said code, all relating to reports of inspections of primary and secondary schools by local boards of health; and authorizing the Commissioner of the Bureau for Public Health to promulgate and establish standards for these inspections"; to the Committee on Education and Finance.
By Delegate Beane:
H. B. 4624
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-11-1, relating to a bail bond forfeiture code, generally; issuing an arrest warrant for nonappearing defendant; time period allowed surety to produce the defendant; additional period for cause; when bail bond exonerated; and refunds following forfeiture"; to the Committee on the Judiciary.
By Delegates Campbell, Williams and Spencer:
H. B. 4625
- "A Bill to amend and reenact §18A-5-1 and §18A-5-1a of the Code of West Virginia, 1931, as amended, all relating to authority over pupils; and extending certain authority to professional personnel designee of school principal"; to the Committee on Education.
By Mr. Speaker, Mr. Kiss:
H. B. 4626
- "A Bill to amend and reenact §18A-3-1 of the Code of West Virginia, 1931, as amended, relating to teacher preparation programs generally; and providing for the inclusion of student teaching programs in private schools, parochial schools, church schools, and other schools operated by a religious order"; to the Committee on Education.
By Delegate Yost:
H. B. 4627 - "A Bill to amend and reenact §17B-2-3 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Motor Vehicles to issue one year licenses to registered sex offenders"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Stephens, Barker and Eldridge:
H. B. 4628
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-16A-13a, relating to exempting motor vehicles in funeral processions from the requirement to pay tolls on parkway projects; and providing that the exemption only applies when a motor vehicle clearly displays a flag, emblem or other visible designation indicating it is part of a funeral procession"; to the Committee on Roads and Transportation then Finance.
By Delegates Stephens, Eldridge, Barker, Marshall and Longstreth:
H. B. 4629
- "A Bill to amend and reenact §21-3-10a of the Code of West Virginia, 1931, as amended, relating to requiring rest periods for employees during each four hours of work"; to the Committee on the Judiciary.
By Delegate Michael:
H. B. 4630
- "A Bill to amend and reenact §11-10-15 and §11-10-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §11- 10E-1, §11-10E-2, §11-10E-3, §11-10E-4, §11-10E-5, §11-10E-6, §11-10E-7, §11-10E-8, §11-10E-9 and §11-10E-10, all relating to creating a voluntary disclosure program; requiring disclosure of abusive tax shelters used to avoid paying state income taxes; extending the statute of limitations for issuing assessments related to failures to disclose a listed transaction; and imposing penalties for promoting abusive tax shelters relative to failing to report listed transactions, reportable transaction understatements, failing to participate in the voluntary disclosure program, and for failing to register a tax shelter or maintain required list"; to the Committee on Finance.
By Delegates Yost and Moore:
H. B. 4631
- "A Bill to amend and reenact §15-12-1a, §15-12-2a and §15-12-2b of the Code of West Virginia, 1931, as amended; and 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, §2-11D-14, 62-11D-15, §62-11D-16, §62-11D-17, §62-11D-18, §62-11D-19 and §62-11D-20, all relating to 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; procedure on escape or disappearance of violent sexual offenders; notice of escape and recapture; and proposing of rules for legislative approval"; to the Committee on the Judiciary.
Consent Calendar

The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the Special Calendar:
H. B. 4522, Removing the Commissioner of Insurance as the attorney in fact for HMO's for service of process purposes; on first reading, Consent Calendar, to the Special Calendar, by Delegate Staton.
H. B. 4341, Requiring that instructional support and enhancement days are held twice before December thirty-first, and three times after January first of the instructional term; on second reading, Consent Calendar, to the Special Calendar, by Delegate Campbell.
Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 4272, Clarifying the language regarding requirements for a Class BG stamp,
And,
Com. Sub. for H. B. 4482, Providing for the filing of affidavits of heirship with deed records and to require that the estate be administered before the heirs can deed the property to someone else.
On the passage of the bills, the yeas and nays were taken (Roll No. 111), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Brown, Cann, Ennis, Ferrell, Houston, Iaquinta, Stevens, and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 4272 and Com. Sub. for H. B. 4482) 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:
Com. Sub. for H. B. 2548, The Diabetes Care Plan Act,
Com. Sub. for H. B. 4291, Relating to the consideration of aggravated circumstances of neglect and abuse committed against children in the same household or blended family,
Com. Sub. for H. B. 4481, Establishing a permissive provision for using ballot-scanning devices for election night tabulations,
And,
H. B. 4550, Clarifying current law requiring legislative approval of final designation of streams of special concern.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4116
, Increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from $500 to $5,000,
H. B. 4283, Providing a preference to West Virginia veterans in the awarding of state contracts in the competitive bidding process,
And,
H. B. 4470, Updating the definition of "medicare supplement policy".
Special Calendar

Unfinished Business

The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 28, Requesting the Division of Highways to name the bridge on State Route 46 in Keyser the "Staff Sergeant Jonah Edward Kelly Bridge",
H. C. R. 35, Naming the Melissa #1 bridge in Melissa, Cabell County, the "Curtis E. Pelfrey Memorial Bridge",
H. C. R. 43, Requesting the Division of Highways to name the bridge on State Route 20 that spans the Little Kanawha River the "Jerry Lee Groves and Thomas Paul Anderson Memorial Bridge",
H. C. R. 45, Requesting the Division of Highways to name the new bridge located near Mannington the "William Calvin Sandy Bridge",
H. C. R. 47, Requesting the Division of Highways to name the new bridge over Little Sandy Creek on Frame Road near Elkview the "Dewey Russell Crowder Bridge",
H. C. R. 48, Requesting the Division of Highways to name the bridge which exits Davis in Tucker County, located on Route 32, the "Thomas Patrick Memorial Bridge",
And,
H. C. R. 53, Requesting the Division of Highways to name the bridge located on Route 35 in Red House, Putnam County, "The Ross Booth Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Today being Friday, the House of Delegates proceeded to the consideration of business on the Local Calendar.
Local Calendar

First Reading

H. B. 4484, Extending the time for the county commission of Marion 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 second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 114), and there were--yeas 88, nays 2, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Lane and Sobonya.
Absent And Not Voting: Anderson, Brown, Cann, Ennis, Ferrell, Houston, Iaquinta, Stevens, Swartzmiller and Talbott.
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. 115), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Brown, Cann, Ennis, Ferrell, Houston, Iaquinta, Stevens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4484) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 116), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Brown, Cann, Ennis, Ferrell, Houston, Iaquinta, Stevens and Swartzmiller.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4484) takes effect.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 505, Extending time for Fairmont city council to meet as levying body; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 117), and there were--yeas 89, nays 2, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Lane and Sobonya.
Absent And Not Voting: Anderson, Brown, Cann, Ennis, Ferrell, Houston, Iaquinta, Stevens and Swartzmiller.
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 third reading.
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. 118), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Brown, Cann, Ennis, Ferrell, Houston, Iaquinta, Stevens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 505) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 119), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Brown, Cann, Ennis, Ferrell, Houston, Iaquinta, Stevens and Swartzmiller.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 505) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Special Calendar

(continued)

Third Reading

Com. Sub. for H. B. 4120, Authorizing the termination of water service for delinquent sewer bills where the sewer service is provided by a Homeowners" Association; 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. 120), and there were--yeas 83, nays 8, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Butcher, Eldridge, Lane, Louisos, Miley, Spencer, Rick Thompson and Walters.
Absent And Not Voting: Anderson, Brown, Cann, Ennis, Ferrell, Houston, Iaquinta, Stevens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4120) 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. 3258, Permitting the sale of nonintoxicating beer within a certain distance from a church that consents to the sale; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Staton, and by unanimous consent, the bill was advanced to third reading with the Committee amendment pending and the rule was suspended to permit the offering and consideration of amendments on third reading.
H. B. 4018, Relating to the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4073, Establishing the crime of trafficking of persons; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Staton, and by unanimous consent, the bill was advanced to third reading with the Committee amendment pending and the rule was suspended to permit the offering and consideration of amendments on third 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. 4075, Relating to the dedication of moneys to the Regional Jail Partial Reimbursement Fund,
Com. Sub. for H. B. 4243, Relating to salvage certificates for certain wrecked vehicles,
H. B. 4406, Removing the requirement to evaluate certain classroom teachers at least every three years,
H. B. 4458, Relating to the sale of bulk data in electronic format from the Uniform Commercial Code and Corporation Data Bases,
H. B. 4479, Relating to Manufactured Housing Construction and Safety Standards,
And,
Com. Sub. for H. B. 4483, Prohibiting the use of a fictitious name in the conduct of business with intent to misrepresent the geographic origin or location of the business as an Unfair Trade Practice.
H. B. 4341, Requiring that instructional support and enhancement days are held twice before December thirty-first, and three times after January first of the instructional term; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit amendment thereof on third reading.
First Reading

H. B. 4522, Removing the Commissioner of Insurance as the attorney in fact for HMO's for service of process purposes; on first reading, coming up in regular order, was read a first time and ordered to second reading.
At 11:16 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, February 20, 2006.