___________*__________
Wednesday, January 25, 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, January
24, 2006, being the first order of business, when the further
reading thereof was dispensed with and the same approved.
Committee Reports
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. 2424, Prohibiting persons from impersonating a public
official by copying or imitating the markings of a public agency or
official on a motor vehicle,
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. 2424) 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. 2328, Giving precedential application to written
advisory opinions issued by the ethics commission's committee on
open governmental meetings,
And reports back a committee substitute therefor, by unanimous
vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 2328 - "A Bill to amend and reenact §6-9A-
11 of the Code of West Virginia, 1931, as amended, relating to
advisory opinions of the West Virginia Ethics Commission Committee
generally and providing that reliance on a written advisory opinion
is a defense in certain actions,"
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. 2328) will be placed on the
Consent Calendar.
Delegate Browning, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 24th day of January, 2006, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. 247), Creating Mine and Industrial
Accident Rapid Response System.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate
and requested the concurrence of the House of Delegates in the
passage of
S. B. 13 - "A Bill to amend and reenact §7-10-2 of the Code of
West Virginia, 1931, as amended; to amend and reenact §9-6-9 of
said code; to amend said code by adding thereto a new section,
designated §9-6-9a; to amend and reenact §48-27-702 of said code;
to amend and reenact §49-6A-2 of said code; and to amend said code
by adding thereto a new section, designated §49-6A-2b, all relating
to requiring cross-reporting among child protective service
workers, adult protective service workers, law-enforcement officers
and humane officers of suspected child abuse or neglect, suspected
abuse or neglect of incapacitated or elderly adults, suspected
animal cruelty or inhumane treatment or suspected domestic
violence; and providing penalties"; which was referred to the
Committee on the Judiciary.
Resolutions Introduced
Delegates Spencer, Martin, Manchin, Rick Thompson, Caputo,
Longstreth and Paxton offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 24 - "Requesting the Joint Committee on Government and Finance study the feasibility of a national park in the High
Allegheny Region of West Virginia."
Whereas, The High Allegheny Region of West Virginia, which
comprises portions of the Monongahela National Forest, Blackwater
Falls State Park, Seneca Rocks, portions of Canaan Valley and the
Blackwater Canyon area, is an important natural, cultural, economic
and recreational resource in the state; and
Whereas, The High Allegheny Region of West Virginia has
substantial natural areas and habitats which are assets to the
people of West Virginia and the nation and provide important
amenities for residents and visitors that encourage retirement home
development, tourism and other business development that is crucial
to the future of the region and the state; and
Whereas, There is a need for consistent, professional and
well-funded management of the key natural areas and public lands in
the High Allegheny Region of West Virginia in order to conserve and
enhance these important assets and to provide for optimal and
sustainable economic development of the area; and
Whereas, Economic studies have consistently shown important
long-term economic benefits from the creation of national parks to
manage important natural areas and protected public lands; and
Whereas, West Virginia, although home to some of the most
beautiful areas in the eastern United States, has only four units
of the National Park System, by far the lowest in the region; and
Whereas, There is reason to believe that establishment of a
High Allegheny National Park in West Virginia will have a positive economic impact on the state in the following ways: (1) Increased
revenue for county governments in the form of payments from the
National Park Service; (2) increased employment from the National
Park Service and from the related growth of the tourism, retirement
and recreational industries; (3) increased net migration to the
area; (4) increased private property values; (5) increased tax
revenue for county governments from retirement home ownership; (6)
decreased local and state burden on public land infrastructure and
management; (7) increased tourism-related spending in local
communities; and (8) improved management of key natural areas and
protected public lands; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of a national park in the High
Allegheny Region of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to determine the benefits and costs of
the development of a High Allegheny National Park as well as study
the economic development potential, job creation potential and
tourism value; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to determine the use of lands that
could be incorporated in a High Allegheny National Park; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
On motion for leave, a Joint Resolution was introduced, read
by its title and referred as follows:
By Delegate Poling:
H. J. R. 103 - "Proposing an amendment to the Constitution of
the State of West Virginia, amending section nine, article three
thereof, relating to limiting the taking of private property for
necessary public uses only; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional
Revision then the Judiciary.
On motion for leave, a Joint Resolution was introduced, read
by its title and referred as follows:
By Delegates Perdue, Louisos, Cann and Carmichael:
H. J. R. 104 - "Proposing an amendment to the Constitution of
the State of West Virginia, amending section twenty-two, article VI
thereof, relating to providing for a ninety-day legislative session
in odd numbered years and a thirty-day legislative session in even
numbered years; numbering and designating such proposed amendment;
and providing a summarized statement of the purpose of such
proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
On motion for leave, a Joint Resolution was introduced, read
by its title and referred as follows:
By Delegate Rick Thompson:
H. J. R. 105 - "Proposing an amendment to the Constitution of
the State of West Virginia, amending sections 1, 2 and 17, article
VII thereof, relating to making the Insurance Commissioner an
elected official; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional
Revision then the Judiciary.
Delegates Perdue, Ashley, Azinger, Brown, Browning,
Canterbury, Caputo, Doyle, Eldridge, Evans, Frederick, Hatfield,
Howard, Hunt, Leggett, Longstreth, Louisos, Manchin, Marshall,
Martin, Palumbo, Paxton, Pino, Susman, Tabb, Rick Thompson,
Walters, Webster, Wells, Williams and Wysong offered the following
resolution, which was read by the Clerk as follows:
H. R. 5 - "Designating January 25, 2006, as 'Disability
Advocacy Day'."
Whereas, There are approximately four hundred thousand West
Virginians with disabilities; and
Whereas, People with disabilities have the right to equal
opportunity to live full productive lives in the community of their
choice; and
Whereas, People with disabilities have the right to receive the
support they need to exercise self-determination, achieve independence, and become productive employees in the workplace; and
Whereas, West Virginia's citizens with disabilities have banded
together in a collective group, call the Fair Shake Network, to
help bring their concerns to the forefront of public awareness; and
Whereas, Organizations such as the Appalachian Center for
Independent Living, Mental Health Association of Monongalia County,
Mountain State Centers for Independent Living, Northern West
Virginia Center for Independent Living, West Virginia Advocates,
West Virginia Assistive Technology System, West Virginia
Developmental Disabilities Council, West Virginia Mental Health
Consumers Association, West Virginia Statewide Independent Living
Council, West Virginia Division of Rehabilitation Services, West
Virginia Autism Training Center, The ARC of the Three Rivers, West
Virginia Real Choice and the West Virginia Senior Medicare Patrol
program have joined together to help increase public awareness of
issues involving the many concerns of West Virginians with
disabilities; and
Whereas, The purpose of Disability Advocacy Day is to increase
the awareness of legislators, administrations, policymakers and the
public of the public policy issues that are important to people
with disabilities; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 25,
2006, as Disability Advocacy Day; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the Fair Shake Network.
At the request of Delegate Staton, and by unanimous consent
reference of the resolution (H. R. 5) to a committee was dispensed
with, and it was taken up for immediate consideration and adopted.
Petitions
Delegate Brown presented a petition, signed by sixty-two
residents of the 30th District, in support of including music
therapy in the West Virginia MR/DD waiver program; which was
referred to the Committee on Education.
Bills Introduced
On motions for leave, bills were introduced, read by their
titles, and severally referred as follows:
By Delegate Beane:
H. B. 4098 - "A Bill to amend and reenact §5A-7-4 of the Code
of West Virginia, 1931, as amended, relating to requiring the
Department of Administration's Information Services and
Communications Division to propose legislative rules for a
statewide telephone usage policy"; to the Committee on Government
Organization.
By Delegate Williams:
H. B. 4099 - "A Bill to amend and reenact §20-2-46j of the
Code of West Virginia, 1931, as amended, relating to establishing
a special sidelock black powder rifle deer hunting season and
requiring a special stamp therefor"; to the Committee on
Agriculture and Natural Resources then Finance.
By Delegates Staton, Browning, Beane, Manchin, Tabb, Howard, Wysong, Barker, Long, Caputo and G. White:
H. B. 4100 - "A Bill to amend and reenact §7-7-1 and §7-7-4 of
the Code of West Virginia, 1931, as amended, all relating to
providing a salary increase for elected county officials; and
finding that additional duties have been imposed on county
officials which justify the increased compensation"; to the
Committee on Political Subdivisions then Finance.
By Delegates Talbott, Crosier, Stemple, Eldridge, Paxton,
Hamilton and Evans:
H. B. 4101 - "A Bill to amend and reenact §19-20-12 of the
Code of West Virginia, 1931, as amended, relating to including
hunting dogs as protected animals; prohibiting a person not the
owner of a dog from removing identifying tags, collars or apparel
from a dog or disabling a device worn by a dog to aid in the
retrieval of the dog without the permission of the owner; and
providing a misdemeanor penalty for violations"; to the Committee
on Agriculture and Natural Resources then the Judiciary.
By Delegates Perry, Campbell, Staton, Argento, Boggs,
Williams, Mahan, Louisos, Sumner and Browning:
H. B. 4102 - "A Bill to amend the Code of West Virginia, 1931,
as amended, by adding thereto a new section, designated º17-16A-6a,
relating to exempting county school boards of education school
buses from paying tolls for transit over the West Virginia Turnpike
or any parkways authority project"; to the Committee on Finance.
By Delegates Barker, Iaquinta, Miley, Fragale, Longstreth and
Marshall:
H. B. 4103 - "A Bill to amend and reenact §5-16-5 of the Code
of West Virginia, 1931, as amended, relating to freezing employer
and employee premium cost-sharing at the current level until July
1, 2008
"
; to the Committee on Health and Human Resources then
Finance.
By Delegates Marshall, Hatfield, Stephens, Tucker, Miley,
Poling, Yost, Manchin and Moore:
H. B. 4104 - "A Bill to amend the Code of West Virginia, 1931,
as amended, by adding thereto a new section, designated §11-15-9i;
and to amend said code by adding thereto a new section, designated
§17A-3-4a, all relating to special equipment installed in a motor
vehicle for the use of a person with physical disabilities; and
excluding the equipment from the sales and use tax and its value
when determining the value of the vehicle for imposition of the tax
on the privilege of effecting the certification of the title of the
vehicle"; to the Committee on Roads and Transportation then
Finance.
By Delegates Williams and Tabb:
H. B. 4105 - "A Bill to amend and reenact §38-5A-2 of the Code
of West Virginia, 1931, as amended, relating to suggestions of
salary and wages of persons engaged in private employment;
requiring these persons to notify the clerk of the court issuing
the execution of changes of job status or employer; making the
failure to notify a misdemeanor; providing a criminal penalty; and
exempting persons subject to child support orders from notification
requirement"; to the Committee on the Judiciary.
By Delegates Amores, Palumbo, Brown, Craig and Schadler:
H. B. 4106 - "A Bill to amend and reenact §60-8-3 of the Code
of West Virginia, 1931, as amended, relating to one-day licenses
for the sale and serving of wine at non-profit fundraising events;
revising provisions related to the acquisition of wine to be resold
or served by nonprofit organizations and associations under the
special one-day license"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Perry, Long, Williams,
Perdue, Amores, Beach, Trump, Morgan, Stemple and Leach:
H. B. 4107 - "A Bill to amend and reenact º61-2-29 of the Code
of West Virginia, 1931, as amended; and to amend said code by
adding thereto four new sections, designated º61-2-29a, º61-2-29b,
º61-2-29c and §61-2-29d, all relating to protecting incapacitated
persons and the elderly, by more clearly defining and providing
criminal penalties for the offense of abuse or neglect of
incapacitated adults or elder persons which result in the death of
such persons"; to the Committee on the Judiciary.
By Delegates Browning, Staton, Long and Michael:
H. B. 4108 - "A Bill to amend and reenact §30-14A-1 of the
Code of West Virginia, 1931, as amended, relating to osteopathic
physician assistants; allowing an osteopathic physician and surgeon
to supervise up to three physician assistants generally"; to the
Committee on the Judiciary.
By Delegates Staton, Browning and Mahan:
H. B. 4109 - "A Bill to amend and reenact §11-21-12 of the
Code of West Virginia, 1931, as amended, relating to the modification of the state personal income tax by allowing for a
reduction in the federal adjusted income for nonbusiness expenses
incurred for tolls paid on the West Virginia Turnpike"; to the
Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Staton, Browning and
Mahan:
H. B. 4110 - "A Bill to amend and reenact §17-16A-18a of the
Code of West Virginia, 1931, as amended, relating to the
requirement that the West Virginia Parkways, Economic Development
and Tourism Authority hold public hearings in each county of the
state through which the turnpike runs with adequate public notice
of the hearings and to require commuter pass applications for the
West Virginia Turnpike to be made available at all Department of
Motor Vehicles offices throughout the state"; to the Committee on
the Judiciary.
By Delegates Marshall, Hatfield, Tansill, Stephens, Tucker,
Fragale, Miley, Poling and Yost:
H. B. 4111 - "A Bill to amend of the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated º46A-
2A-101 and º46A-2A-102, all relating to enabling a consumer to
direct a consumer reporting agency to place a 'security freeze' on
his or her credit report"; to the Committee on Banking and
Insurance then the Judiciary.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 2329,Authorizing a court to order a defendant to
contribute monetarily or through hours of service to a local crime
victim's assistance program,
Com. Sub. for H. B. 2448, Relating to criminal offenses
involving the theft of mail matter,
Com. Sub. for H. B. 3212, Creating the felony offense of
intimidation of and retaliation against informants who provide
information to law enforcement officers, and establishing related
criminal penalties,
Com. Sub. for H. B. 3213, Creating the offenses of malicious
assault, unlawful assault, battery and recidivism of battery,
assault on a driver, conductor, captain or other person in charge
of any vehicle used for public conveyance,
And,
H. B. 4069, Continuing the Rural Health Advisory Panel until
July 1, 2009.
On the passage of the bills, the yeas and nays were taken
(Roll No. 31), 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: Beach, Ferrell, Leggett, Romine and
Varner.
So, a majority of the members present and voting having voted
in the affirmative, the Speaker declared the bills (H. B. 2329,
Com. Sub. for H. B. 2448, Com. Sub. H. B. 3212, Com. Sub. for H. B.
3213, and H. B. 4069) 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.
House Calendar
Third Reading
Com. Sub. for H. B. 4021, Relating to a pilot program
authorizing participating health care clinics and private medical
practitioners to provide primary and preventive health services for
a prepaid fee; on third reading, coming up in regular order, with
an amendment pending and the right to amend, was reported by the
Clerk.
On motion of Mr. Speaker, Mr. Kiss, and Delegates Michael,
Poling, Sumner, Amores, Beane, Boggs, Browning, Campbell, Frich,
Kominar, Leach, Mahan, Martin, Paxton, Perry, Pino, Staton, Tabb,
Talbott, Trump, Varner, Wysong and Yost the bill was amended on
page four section six-a, line four, following the word "retirees"
by striking out the remainder of the paragraph and inserting in
lieu thereof the following:
"eligible for a Medicare Advantage plan with equal to or
greater benefits. The analysis shall include coverage design and
cost savings or losses both to the retiree and to the state. The
results of the analysis shall be reported to the Joint Committee on
Government and Finance by the board on or before the first day of
September, two thousand six."
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. 37), and there were--yeas 80, nays 14,
absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Armstead, Blair, Border, Carmichael, Howard, Lane,
Overington, Schoen, Sobonya, Stevens, Sumner, Tansill, Trump and
Walters.
Absent And Not Voting: Beach, Cann, Ferrell, Leggett, Romine and
Varner.
So, a majority of the members present and voting having voted
in the affirmative, the Speaker declared the bill (Com. Sub. for H.
B. 4021) passed.
Delegate Staton moved that the bill take effect from its
passage.
On this question, the yeas and nays were taken (Roll No. 38),
and there were--yeas 86, nays 8, absent and not voting 6, with the
nays and absent and not voting being as follows:
Nays: Armstead, Carmichael, Schoen, Sobonya, Stevens, Sumner,
Tansill and Walters.
Absent And Not Voting: Beach, Cann, Ferrell, Leggett, Romine and
Varner.
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. 4021) take effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate
the action of the House of Delegates and request concurrence therein.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent,
leaves of absence for the day were granted Delegates Beach,
Ferrell, Leggett, Romine and Varner.
Miscellaneous Business
Delegate Spencer announced that she was absent on Tuesday,
January 24, 2006 when the votes were taken on Roll Nos. 29 and 30,
and that had she been present, she would have voted "Yea" thereon.
Delegate Frich asked and obtained unanimous consent that the
remarks of Members concerning H. B. 4021 be printed in the Appendix
to the Journal.
At 12:36 p.m., the House of Delegates adjourned until 11:00
a.m., Thursday, January 26, 2006.