_________*__________


Wednesday, February 22, 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 22, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 59, Requesting the Division of Highways to name the bridge located on Route 10 in Harts, West Virginia, the "Harts Veterans' Memorial Bridge",
And reports the same back with the recommendation that it be adopted.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4015, Relating to funding of the Revenue Shortfall Reserve Fund,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4015 - "A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to funding of the Revenue Shortfall Reserve Fund."
With the recommendation that the committee substitute do pass.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2638, Increasing the amount of allowable equity investments in municipal police and fire pension plans,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2638 - "A Bill to amend and reenact §8-22-22a of the Code of West Virginia, 1931, as amended, relating to restrictions on investments by municipal policemen's and firemen's pension and relief funds by increasing the amount which may be invested in equities",
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. 2638) 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. 4690, Relating to changing West Virginia University Institute of Technology to the West Virginia Institute of Technology,
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. 4690) 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. 3019, Community volunteer enrichment programs in the public schools,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 3019 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a two new sections, designated §18-2-7d and §18-2-7e, relating to community volunteer enrichment programs in public schools; establishing the 'West Virginia Remembers Program' for veteran volunteers to speak in the public schools; establishing the 'West Virginia Community Arts In Education Program' for artists to share their experiences in the educational setting; and authorizing the state board to promulgate rules for program implementation,"
With the recommendation that the committee substitute do pass, 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 (Com. Sub. for H. B. 3019) 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 (Com. Sub. for H. B. 3019) 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. 4472, Including family court jurisdiction in all proceedings concerning grandparent visitation,
H. B. 4632, Relating to employing homeland security and emergency service personnel,
H. B. 4658, Creating the Funeral Planning Agent Designation Act,
And,
H. B. 4683, Establishing the right to trial by jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult,
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. 4472, H. B. 4632. H. B. 4658 and H. B. 4683) 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. 4401, Changing the way that the cost of incarcerating inmates in regional jails is collected,
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. 4401) 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. 2118, Providing for reimbursement to the bail bondsman for the amount of a forfeited bond under certain circumstances,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2118 - "A Bill to amend and reenact §62-1C-12 of the Code of West Virginia, 1931, as amended, relating to forfeiture of bail bond for failure of a defendant to appear in court; and providing for reimbursement to the bail bondsman for the amount of the forfeited bond if the bail bondsman later returns the bonded person to the custody of court,"
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. 2118) 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. 3119, Providing that the Division of Natural Resources may not reduce the habitat land acreage available for hunting and shooting,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 3119 - "A Bill to amend and reenact §20-1-10 of the Code of West Virginia, 1931, as amended, relating to wildlife management areas; revising areas subject to property management requirements; altering reporting requirements; establishing requirements of land use for recreational hunting and shooting; preserving net habitat for hunting and shooting; and establishing reporting requirements for the division of natural resources,"
H. B. 4036, Relating to soliciting or advocating murder, providing criminal penalties and specifying that the offenses and penalties are cumulative to other offenses and penalties,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4036 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-3a, relating to soliciting murder; effect of uncorroborated testimony of the person allegedly solicited; penalty; affirmative defenses; prohibited defenses; and definitions,"
H. B. 4453, Clarifying the powers and duties of conservation officers as it relates to searches and seizures,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4453 - "A Bill to amend and reenact §20-7-4 of the Code of West Virginia, 1931, as amended, relating to law-enforcement powers and duties of conservation officers; providing for the state-wide authority of conservation officers to enforce litter control laws; providing for conservation officer's authority to initiate complaint for violations of laws related to wildlife, forests and natural resources; and relating to the procurement and execution of related arrest and search warrants,"
H. B. 4454, Relating to wages withheld from an employee,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4454 - "A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to wages withheld from an employee; clarifying that liquidated damages be proportionately related to wages owed to an employee; and providing that liquidated damages will equal three times actual damages,"
H. B. 4456, Allowing a more efficient and effective means of trapping beaver for either recreational purposes or nuisance wildlife control,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4456 - "A Bill to amend and reenact §20-2-20 of the Code of West Virginia, 1931, as amended, relating to beaver trapping; removing limitations on numbers and location of traps; allowing disturbance of structures constructed by beavers when trapping; and removing certain duties for persons who unintentionally trap or kill beavers,"
And,
H. B. 4536, Improving competition among telephone public utilities providing landline services,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4536 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2E-2, relating generally to improving competition among telephone public utilities providing landline services; prohibiting telephone public utilities from using automatic renewal provisions in their landline customer services agreements; requiring notice of the end of the service agreement; providing that after initial term of landline customer services agreement the term shall be on a month-to-month basis unless customer signs new landline customer services agreement; limiting termination fees charged by telephone public utilities for landline service and providing method of computing termination fee; specifying how this act applies to existing landline customer services agreements, whether in their original term or in a rollover term; and providing that act does not apply to services agreements between two telephone public utilities,"
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. 3119, Com. Sub. for H. B. 4036, Com. Sub. for H. B. 4453, Com. Sub. for H. B. 4454, Com. Sub. for H. B. 4456 and Com. Sub. for H. B. 4536) will be placed on the Consent Calendar.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect September 1, 2006, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 47 - "A Bill to amend and reenact §8A-11-1 of the Code of West Virginia, 1931, as amended, relating to factory-built homes; updating compliance documentation for evidence in a court case; clarifying regulation by local governments; and requiring construction and installation to comply with federal regulations and applicable law"; 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
Com. Sub. for S. B. 157 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-13a, relating to municipalities; and allowing municipal treasurers to obtain limited information to collect debts owed to the municipality"; which was referred to the Committee on Political Subdivisions 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. 269 - "A Bill to amend and reenact §31A-4-26 of the Code of West Virginia, 1931, as amended, relating to limitations on loans and extensions of credit; providing for a limitation on investments; limiting loans to executive officers and directors of banks and employees of the banking department; outlining exceptions; and creating a valuation of securities"; which was referred to the Committee on Banking and Insurance then 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
Com. Sub. for S. B. 396 - "A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-making Review Committee and as amended by the Legislature; and authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to the Ron Yost Personal Assistance Services Board"; 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. 455 - "A Bill to amend and reenact §4-1-17 of the Code of West Virginia, 1931, as amended, relating to the prioritization of legislative business and requiring judicial enforcement and honor of its prioritization"; 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. 529 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act; and specifying effective dates"; which was referred to the Committee on 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. 530 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act; and specifying effective dates"; which was referred to the Committee on Finance.
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. 551 - "A Bill to amend and reenact §27-1-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §27-5-2, §27-5-3 and §27-5-4 of said code, all relating to institution of proceedings for involuntary custody for examination; addressing procedures regarding custody, probable cause and other hearings; examination of individuals; admission under involuntary hospitalization for examination; release; institution of final commitment proceedings; other hearing requirements; and defining terms"; 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. 614 - "A Bill to amend and reenact §12-3-1a and §12-3-1b of the Code of West Virginia, 1931, as amended, all relating to direct deposit; clarifying that only Auditor receives authorization for direct deposit payment; permitting the Auditor to cease issuing paper warrants; and authorizing electronic notification for direct deposit payment"; which was referred to the Committee on Government Organization then Finance.
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. 634 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22A-17, relating to exempting certain projects of certain higher education institutions from the Design-Build Procurement Act; imposing requirements for those projects; authorizing the leasing of property to the developer as part of the project; authorizing the developer to own the improvements and/or manage or operate the project; and setting forth provisions relating to the selection of the developer and the development agreement"; which was referred to the Committee on Education then Finance.
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. 635 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-47, relating to requiring flood insurance on certain buildings, and the contents of those buildings, owned by a county board of education"; which was referred to the Committee on Education.
Resolutions Introduced

Delegates Staton, Mahan and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 62 - "Requesting the Joint Committee on Government and Finance to conduct a study of the West Virginia Parkways, Economic Development and Tourism Authority."
Whereas, The West Virginia Parkways Authority operates and maintains the West Virginia Turnpike to promote the tourism industry and foster economic and tourism development opportunities which create and retain jobs while enhancing the image of West Virginia; and
Whereas, The Legislature should review the selection process of West Virginia Parkways Authority board members and the term limits for such members; and
Whereas, The Legislature should review the overall efficiency of the West Virginia Parkways Authority; and
Whereas, The Legislature should review the hiring practices of the West Virginia Parkways Authority; and
Whereas, The Legislature should review the grievance process of the West Virginia Parkways Authority; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study ways in which positive improvements can be made to the West Virginia Parkways, Economic Development and Tourism Authority and to provide accountability to improve the Parkways public image; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its finding, 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 the legislative appropriations to the Joint Committee on Government and Finance.
Delegates Evans, Rowan, Schadler, Amores, Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Fragale, Frederick, Hall, Hartman, Hatfield, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leggett, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Schoen, Sobonya, Spencer, Stalnaker, Staton, Stemple, Stephens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, 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. 63 - "Requesting the Division of Highways to name the bridge located on County Road 8 near Petersburg, Grant County, West Virginia, the 'Devin Lee Alt Memorial Bridge'."
Whereas, Devin Lee Alt was born in Grant County on March 15, 1984 and was a recent graduate of Grant County High School; and
Whereas, After graduating high school Devin Lee Alt worked as a member of the Division of Highways survey crew which surveyed the bridge to be named after him; and
Whereas, While on his way to the last day of work on the bridge, Devin Lee Alt was killed in an automobile accident; and
Whereas, The families and residents of the Petersburg areas desire that this bridge be named the "Devin Lee Alt Memorial Bridge" to honor his contributions to the area and the building of the bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on Grant County Road 8 near Petersburg, West Virginia, three miles from Petersburg on Route 8 named Durgun Road, the "Devin Lee Alt Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to post signs thereon with words, printed in bold and prominent fashion, designating the bridge as the "Devin Lee Alt Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this Resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and to the family of Devin Lee Alt.
Delegate Pino offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 24 - "Designating February 27, 2006, as 'Corrections Day'."
Whereas, Correctional employees have direct daily contact with inmates and perform a function that maintains public safety while at the same time attempts to rehabilitate adult and youth offenders for reentry into society; and
Whereas, Significant components of the criminal justice system and the nature of correctional employees' work is such that they must maintain a high level of security in a stressful and uncertain environment; and
Whereas, The dedicated service of correctional employees of the Division of Corrections, Regional Jail Authority and the Division of Juvenile Services is appreciated; therefore, be it
Resolved by the House of Delegates:
That the House hereby designates February 27, 2006 as "Corrections' Day"; and, be it
Further Resolved, That the House hereby recognizes the outstanding service, dedication and commitment of the employees of the Division of Corrections, Regional Jail Authority and the Division of Juvenile Services; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the appropriate officials of the Division of Corrections, the Regional Jail Authority and the Division of Juvenile services.
Delegate Pino offered the following resolution, which was read by the Clerk as follows:
H. R. 25 - "Designating February 22,2006, as "Law Enforcement Appreciation Day".
Whereas, West Virginia can boast as having one of the lowest crime rates in the United States; and
Whereas, It is fitting and proper that law-enforcement officers be commended, encouraged and honored for their contributions that have resulted in these statistics; and
Whereas, Law-enforcement officers give generously of themselves both in spirit and deed so others might share in th joy of living in a free and democratic society; and
Whereas, Law-enforcement officers have the desire to help their fellow citizens in times of need, no matter how dangerous or difficult the situation; and
Whereas, We honor and appreciate the outstanding law-enforcement officers who have distinguished themselves with unselfish and exemplary services to the community and its citizens; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby declares February 22, 2006 as "Law Enforcement Appreciation Day"; and, be it
Further Resolved, That all West Virginians are encouraged to give due recognition to law-enforcement officers for distinguishing West Virginians with one of the lowest crime rates in America.
At the respective requests of Delegate Varner, and by unanimous consent, reference of the resolution (H. R. 25) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 143), 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, Paxton and Staton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 25) adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Hatfield, Brown, Perdue, Caputo, Marshall and Mahan:
H. B. 4691 - "A Bill to amend and reenact §30-4-3 and §30-4-17 of the Code of West Virginia, 1931, as amended, all relating to amending certain provisions involving dental hygienists; and for providing for settings in which a dental hygienist may perform various duties without direct supervision"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Iaquinta, Caputo, Swartzmiller, Fragale, Amores, Staton and Evans:
H. B. 4692
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §23-4-26 and §23-4-27, all relating to cardiovascular injury or disease or pulmonary disease suffered by a professional firefighter; creating a rebuttable presumption that cardiovascular injury or disease or pulmonary disease suffered by a professional firefighter is an occupational injury, if certain criteria are met; creating a rebuttable presumption that cardiovascular injury or disease or pulmonary disease resulting in death of a professional firefighter is a death by an occupational injury, if certain criteria are met; providing that sufficient notice of occupational injury, disease or death has been satisfied under such circumstances; establishing presumption that death or injury not occasioned by willful intent; and definitions"; to the Committee on the Judiciary then Finance.
By Delegate Staton:
H. B. 4693
- "A Bill to amend and reenact §9-5-15 of the Code of West Virginia, 1931, as amended, relating to coverage of prescription drugs classified as antihemophilic medications that are used to treat hemophilia"; to the Committee on the Judiciary.
By Delegates Amores, Moore, Longstreth, Webster and Ellem:
H. B. 4694
- "A Bill to amend §49-1-3, §49-6-2 and §49-6-5 of the Code of West Virginia, 1931, as amended, relating to abuse and neglect of children; consideration of factors associated with a battered parent in abuse and neglect cases; consideration of acts or attempted acts of murder, voluntary manslaughter or unlawful or malicious wounding with serious injury by one parent against other parent in abuse and neglect cases; providing treatment and assistance for battered parent; providing for consideration and related findings regarding battered parent in conjunction with permanent custody determinations; and definitions"; to the Committee on the Judiciary.
By Delegates Amores, Ellem and Morgan:
H. B. 4695
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §37-6A-1, §37-6A-2, §37-6A-3, §37-6A-4, §37-6A-5, §37-6A-6, §37-6A-7, and §37-6A-8, relating to residential rental security deposits; relevant definitions; pre-paid rent; security deposits; maintenance of records; prohibited provisions in rental agreements; remedies upon landlord's non-compliance; application of article; pre-paid rent prior to effective date of article"; to the Committee on the Judiciary.
By Delegates Poling, Hrutkay, Barker, Rick Thompson, Stephens, Marshall, Argento, Longstreth, Perdue, Talbott and Hamilton:

H. B. 4696 - "A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Insurance program generally; capping premium increases for retirees at five percent; and modifying the twenty percent premium cost sharing requirement of employees by including copays and deductibles paid by employees as a part of the twenty percent premium cost sharing"; to the Committee on Finance.
By Delegates Beach, Hartman, Proudfoot, Stemple, Tabb, Hamilton and Doyle:
H. B. 4697
- "A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as amended, relating to the environmental protection advisory council generally; increasing the membership of the council to nine members; specifying represented organizations and entities; and making certain procedural changes in board activities"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss, and Delegates Amores, Craig, Michael, Pino, Stemple, Overington, Azinger and Hartman:

H. B. 4698 - "A Bill to amend and reenact §38-2-9 of the Code of West Virginia, 1931, as amended, relating to changing the filing time for a subcontractor's lien to one hundred days rather than seventy-five days to be consistent with the filing time for a mechanic's lien"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 4699
- "A Bill to amend and reenact §30-10A-3 of the Code of West Virginia, 1931, as amended, relating to requiring the Board of Veterinary Medicine to offer, at least every six months, the examinations that an animal euthanasia technician must pass to become certified"; to the Committee on Government Organization.
By Delegate Carmichael:
H. B. 4700
- "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-17-3 of said code, all relating to eliminating the consumer sales and service tax on food; increasing the cigarette excise tax to one dollar per pack; and increasing the excise tax on noncigarette tobacco products to fifteen percent"; to the Committee on Health and Human Resources then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Iaquinta, Morgan, Hartman, Poling, Miley, Fragale, Trump, Perdue, Beane and Campbell:

H. B. 4701
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-1d, relating to the eligibility for in-state tuition in state institutions of higher education; definitions; and penalties for fraud"; to the Committee on Education then Finance.
By Delegate Ron Thompson:
H. B. 4702 - "A Bill to amend and reenact §16-2I-7 and §16-2I-9 of the Code of West Virginia, 1931, as amended, all relating to requiring physicians and medical institutions to report where abortions have been performed due to perceived congenital defects of fetuses; providing a civil penalty for failure to report an abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Wysong, Tabb, Stemple, Hrutkay, Eldridge, Louisos, Williams, Proudfoot, Poling, Perry and Beach:

H. B. 4703
- "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to authorizing reciprocity weapons licensing for nonresidents that have been issued a weapons permit in their state with substantially similar licensing requirements; and to require that if the person becomes a West Virginia resident, then the person must obtain a West Virginia license"; to the Committee on the Judiciary.
By Delegates Campbell, Canterbury and Brown:
H. B. 4704
- "A Bill to repeal §11-6A-5a of the Code of West Virginia, 1931, as amended, relating to classifying wind power projects as pollution control facilities and providing a reduced valuation assessment"; to the Committee on the Judiciary then Finance.
By Delegate Ennis:
H. B. 4705
- "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931, as amended, relating to the granting of service credit to teachers who possess teaching certificates and who taught in fully accredited private Catholic schools within the state during certain school years"; to the Committee on Education then Finance.
By Delegate Louisos:
H. B. 4706 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all monetary benefits derived from military retirement from personal income tax obligations"; to the Committee on Pensions and Retirement then Finance.
By Delegates H. White and Kominar:
H. B. 4707
- "A Bill to amend and reenact §33-22-7 and §33-22-8 of the Code of West Virginia, 1931, as amended, all relating to farmers' mutual fire insurance companies; clarifying that certain requirements for the filing of fire and marine policies apply to farm mutual insurance companies; clarifying types of policies that all such companies may issue; describing types of policies of liability insurance for which an extension of a license must be obtained; permitting commissioner to limit duration of such license extensions; and establishing criteria by which farm mutual insurance companies must demonstrate that they serve underserved areas"; to the Committee on Banking and Insurance then Finance.
By Delegates Kominar, Browning, H. White and Stalnaker:
H. B. 4708
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-4c; and to amend and reenact §11-22-2 of said code, all relating to the West Virginia Affordable Housing Trust Fund generally; imposing a fee of twenty dollars on the transfer of real property in addition to the excise tax imposed on property transfers; imposing a fee of twenty dollars in addition to the consumers sales tax on the sale of factory-built homes; dedicating the revenue from the additional fees to the West Virginia Affordable Housing Trust Fund; and authorizing expenditures for administrative and operating expenses"; to the Committee on the Judiciary then Finance.
By Delegate Marshall:
H. B. 4709
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-11-21, relating to requiring contractors to disclose information to purchasers concerning analysis, site recommendations and soil problems associated with a new residence; and providing a penalty and requiring license revocation for failure to comply"; to the Committee on the Judiciary.
By Delegate Perry:
H. B. 4710
- "A Bill to amend and reenact §17A-10-8 of the Code of West Virginia, 1931, as amended, relating to exempting nonprofit organizations from paying an annual motor vehicle registration fee"; to the Committee on Finance.
By Delegates Canterbury, Walters and Eldridge:
H. B. 4711 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-3s, relating to establishing a system to reduce the cost of medical care paid by the private medical insurance companies by providing incentives to covered policy-holders to obtain treatment in low cost foreign health care facilities accredited by the Joint Commission International"; to the Committee on Health and Human Resources then Finance.
By Delegates Amores and Mahan:
H. B. 4712
- "A Bill to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended, relating to the crime of stalking; modifying definitions and penalties"; to the Committee on the Judiciary.
By Delegate Craig:
H. B. 4713
- "A Bill to amend and reenact §8-4-1 of the Code of West Virginia, 1931, as amended, relating to proceedings for framing a charter; providing that charter elections may be held at primary elections"; to the Committee on the Judiciary.
By Delegates Ennis, Perry, DeLong, Paxton, Morgan, Wells, Browning and G. White:
H. B. 4714
- "A Bill to amend and reenact §11-15-8 of the Code of West Virginia, 1931, as amended, relating to listing certain professional and personal services that are exempt from the payment of the state consumers sales tax"; to the Committee on Finance.
By Delegates Howard and Sobonya:
H. B. 4715
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-11d, relating to increasing the power of the Public Service Commission to order the takeover of troubled utilities"; to the Committee on the Judiciary.
By Delegates Howard and Sobonya:
H. B. 4716
- "A Bill to repeal §44-10-4 of the Code of West Virginia, 1931, as amended, relating to the rights of minors to nominate guardians"; to the Committee on the Judiciary.
By Delegate Rowan:
H. B. 4717
- "A Bill to amend and reenact §18-7B-7 of the Code of West Virginia, 1931, as amended, relating to providing the option for former state employees who were members of the West Virginia Public Employees Retirement System prior to the first day of July, one thousand nine hundred ninety-one, who became employed with a school district after the first day of July, one thousand nine hundred ninety-one, and who were precluded from becoming members of the State Teachers Retirement System in favor of the Defined Contribution Retirement System, to exercise the option to transfer to the State Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegate Howard:
H. B. 4718
- "A Bill to amend and renact §61-11-25 of the Code of West Virginia, 1931, as amended, relating to expungement of misdemeanor criminal records generally; and providing a new procedure for expungement"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Stemple, Boggs, Amores and Michael:
H. B. 4719
- "A Bill to amend and reenact §20-2-12 of the Code of West Virginia, 1931, as amended, relating to transportation of wildlife out of state; penalties; allowing residents and nonresidents to take legally killed, taken, or captured game out of state"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Craig, Morgan, Leach, Amores and Howard:
H. B. 4720
- "A Bill to amend and reenact the Code of West Virginia, 1931, as amended by adding thereto a new chapter, designated §60B-1-1, §60B-1-2, §60B-1-3, §60B-1-4, §60B-1-5, §60B-1-6, §60B-1-7, §60B-1-8, §60B-1-9, §60B-1-10, §60B-1-11, §60B-1-12, §60B-1-13, §60B-1- 14, §60B-1-15, all relating to holding landlords responsible for drug-related nuisances on their property; providing legislative findings; defining terms; setting criteria for complaints and supporting affidavits; providing for service of summons and complaint; establishing motion for preliminary injunction, consolidation of trial with hearing on motion and other equitable relief; issuing ex parte restraining orders and service, inventory of property, establishing violations of orders and contempt of court; establishing civil penalties; providing protection of witnesses; not requiring previous conviction; establishing security bond requirements; providing for evidence of general reputation of the property; providing means of dismissing complaints, prosecuting the action by certain attorneys and substituting complainant; establishing standards of proof, providing for damages and other relief; establishing jurisdiction of the court, appointing receivers, and eviction of tenants; establishing violations of court orders, establishing additional orders, and providing for suspension or cancellation of orders; and providing for penalty for bad faith claims"; to the Committee on the Judiciary.
By Delegates Palumbo, Amores and Walters:
H. B. 4721
- "A Bill to amend the Code of West Virginia, 1931, as amended, by amending and reenacting §3-4A-19, relating to the authorization of special messengers appointed by the County Clerk to deliver the ballot box to the central county center"; to the Committee on the Judiciary.
By Delegates Kominar, Stalnaker, Amores, Michael, Palumbo, Varner and Trump:
H. B. 4722
- "A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2F-1, relating to rates and charges assessed by electric and natural gas utilities; providing for the assessment of rate surcharges by electric and natural gas utilities to allow the utilities to recoup expenses associated with uncollectible accounts; and requiring the public service commission to promulgate related rules"; to the Committee on the Judiciary.
By Delegates Beach, Perry and Pino:
H. B. 4723
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-19-2a, relating generally to a bottled water tax; adding definition; including bottled water in tax; and providing for the distribution and use of the proceeds from the bottled water tax"; to the Committee on the Judiciary then Finance.
By Delegates Hatfield, Perdue, Brown, Caputo, Beach, Houston, Marshall, Long and Blair:

H. B. 4724
- "A Bill to amend and reenact §30-4-4 of the Code of West Virginia, 1931, as amended, relating to amending certain provisions of the code involving the West Virginia Board of Dental Examiners; changing the term of appointment from five years to four years for the West Virginia Board of Dental Examiners; changing the composition of the West Virginia Board of Dental Examiners; and, removing the provision that a person connected with a dental college, school or dental department of a university is not eligible for appointment to the West Virginia Board of Dental Examiners"; to the Committee on Government Organization.
By Delegate Beane:
H. B. 4725
- "A Bill to amend and reenact §4-8-1, §4-8-2, §4-8-3, §4-8-4, §4-8-5 and §4-8-6 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto thirteen new sections, designated §4-8-7, §4-8-8, §4-8-9, §4-8-10, §4-8-11, §4-8-12, §4-8-13, §4-8-14, §4-8-15, §4-8-16, §4-8-17, §4-8-18 and §4-8-19; and to amend and reenact §29-1-5 of said code, all relating to reorganizing and expanding the purposes of the Capitol Building Commission"; to the Committee on Government Organization.
By Delegates Morgan and Craig:
H. B. 4726 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §48-10-204 and §48-10-302,all relating to allowing non- grandparent family member to petition the court in order to be granted grandparent rights of visitation of a minor child"; to the Committee on the Judiciary.
By Delegates Frich, Stevens, Tansill, Walters and Trump:
H. B. 4747
- "A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to fees and other money collected at state institutions of higher education; and providing for a voluntary fee increase to finance the West Virginia University rifle team with the support of the student body"; to the Committee on Education then Finance.
Consent Calendar

The Clerk announced that a request had been filed with him for the removal of a bill from the Consent Calendar to the Special Calendar:
Com. Sub. for H. B. 4253, on third reading, Consent Calendar, to the House Calendar, by Delegate Varner.
Unanimous consent having been obtained, the applicable provision of House Rule 70a was suspended and the bill was so removed and placed on the Special Calendar.

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
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,
H. B. 4386, Ratifying the National Crime Prevention and Privacy Compact,
Com. Sub. for H. B. 4488, Creating a commission to complete a comprehensive study of the state's behavioral health system,
Com. Sub. for H. B. 4489, Testing of electronic voting machines used for early voting in order to allow their use on election day,
Com. Sub. for H. B. 4491, Establishing the third week of October as Disability History Week for the State of West Virginia,
And,
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.
On the passage of the bills, the yeas and nays were taken (Roll No. 144), 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: Ferrell, Paxton, Staton and Thompson, Rick.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 4383, H. B. 4386, Com. Sub. for H. B. 4488, Com. Sub. for H. B. 4489, Com. Sub. for H. B. 4491 and H. B. 4603) passed.
Delegate Varner moved that H. B. 4603 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 151), 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, Paxton and Staton.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4603) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 4354, Minimizing the likelihood that a reader might be induced to believe that he or she had more time than actually existed to perfect a lien upon the subject property,
Com. Sub. for H. B. 4431, 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,
H. B. 4437, Authorizing West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights,
And,
H. B. 4578, Extending the expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 216, Continuing Women's Commission,
Com. Sub. for H. B. 4612, Relating generally to the West Virginia Women's Commission,
Com. Sub. for H. B. 4625, Extending certain authority to professional personnel designee of school principal,
And,
H. B. 4689, Relating to increasing beginning teacher salaries.
Special Calendar

Unfinished Business

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; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 58, Requesting the Division of Highways to name the Vista as seen off of Route 60 in Gauley Bridge, the "William 'Billy' Giacomo Memorial Vista"; coming up in regular order, as unfinished business, was reported by the Clerk.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 152), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Paxton, Staton, Stevens and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 58) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

Com. Sub. for H. B. 4256, Providing a procedure for removal of county, district or municipal officers; 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. 153), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: DeLong and Hall.
Absent And Not Voting: Ferrell, Paxton, Pino, Staton and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4256) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4253, Removing the requirement for dual membership of certain higher education governing board chairs; on third reading, having been placed on third reading, Special Calendar, by unanimous consent in earlier proceedings, was reported by the Clerk.
Delegate Campbell asked and obtained unanimous consent that the rule be suspended to permit the offering and consideration of an amendment to the bill on third reading.
On motion of Delegate Campbell, the bill was then amended on page twelve, section eight, line thirty-nine, following the word "the", by inserting the words "freestanding community and technical colleges, West Virginia University at Parkersburg, and the".
Delegate Frich requested that the Clerk record her as voting "Nay" on the adoption of the foregoing amendment.
There being no further amendments, and having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 154), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Beach and Frich.
Absent And Not Voting: Ferrell, Paxton, Staton and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4253) passed.
Delegate Varner moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 155), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Beach.
Absent And Not Voting: Ferrell, Paxton, Staton and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4253) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for H. B. 4331, Removing the "within two years" time restriction in which an application by a former police officer or firefighter, thirty-five years old or older, who previously resigned, may submit an application for reinstatement; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

S. B. 454, Removing Insurance Commissioner as health maintenance organizations' attorney for service of process purposes; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence

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

Delegate Butcher announced that he was absent on yesterday when the vote was taken on Roll No. 139, and that had he been present, he would have voted "Yea" thereon.
Delegate Rick Thompson announced that he was absent on today when the vote was taken on Roll No. 144, and that had he been present, he would have voted "Yea" thereon.
Delegate Paxton noted to the Clerk that he was absent on today when the votes were taken on Roll Nos. 143, 144, 151, 152, 153, 154 and 155 and that had he been present, he would have voted "Yea" thereon.
Delegate Stevens announced that she had failed to vote on Roll No. 152, and that she intended to vote "Yea" thereon.
Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Manchin regarding raising the minimum wage be printed in the Appendix to the Journal.
At 11:00 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 23, 2006.