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Thursday, January 26, 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 Wednesday, January 25, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the Education and State Employees Grievance Board, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the Statewide Independent Living Council, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Schadler, Evans and Rowan:
H. B. 4112 - "A Bill to extend the time for the County Commission of Mineral County, West Virginia, to meet as a levying body until the third Tuesday in May, two thousand six"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Hamilton, Butcher, Tansill, Poling, Paxton, Ellem, Azinger and Ennis:

H. B. 4113 - "A Bill to amend and reenact º17A-3-14 of the Code of West Virginia, 1931, as amended, relating to the issuance of a special registration plate for veteran recipients of the United States Armed Forces Air Medal"; to the Committee on Roads and Transportation then Finance.
 By Delegate Williams:
H. B. 4114 - "A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to providing for a two percent rebate to the taxpayer of the timber severance tax"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Duke, Walters, Rick Thompson, Browning, Brown, Hamilton Anderson, Ellem, Frich, Doyle and Caputo:

 H. B. 4115 - "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931, as amended, relating to computing service credits in the State Teachers Retirement System by allowing additional service credits to retired teachers who were forced to resign, take a leave of absence or otherwise be absent from work due to a pregnancy"; to the Committee on Pensions and Retirement then Finance.
By Delegates Hamilton, Beach, Stevens, Evans, Ellem, Poling, Talbott and Schadler:

 H. B. 4116 - "A Bill to amend and reenact º20-1-7 of the Code of West Virginia, 1931, as amended, relating to more increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from $500 to $5,000"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Wakim and Howard:
 H. B. 4117 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2I-11, relating to making it a misdemeanor to violate the informed consent requirements for an abortion; and providing criminal penalties for violation"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Wysong, Doyle and Tabb:
 H. B. 4118 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to adding one circuit court judge to the twenty-third judicial circuit"; to the Committee on the Judiciary then Finance.
By Delegates Cann, Kominar, Michael, H. White, Browning, Craig, Stalnaker, Poling, G. White and Azinger:

 H. B. 4119 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-15-1, §20-15-2, §20-15-3, §20-15-4, §20-15-5 and §20-15-6, all relating to creating the ATV responsibility act"; to the Committee on Government Organization then the Judiciary.
By Delegates Michael, Stemple, Boggs, Ashley, Hrutkay, Martin, Swartzmiller, Stalnaker and Evans:

 H. B. 4120 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-3-10, relating to authorizing the termination of water service for delinquent sewer bills where the sewer service is provided by a Homeowners' Association"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Craig, Amores and Azinger:
 H. B. 4121 - "A Bill to amend and reenact §61-8-9 and §61-8B-1 of the Code of West Virginia, 1931, as amended, relating to sexual offenses involving children; enhancing the penalty for indecent exposure where the victim is a child under the age of fourteen; increased penalties for second and subsequent offenses; expanding the definition of sexual contact to include the touching of the buttocks"; to the Committee on the Judiciary.
By Delegates Porter and Lane:
 H. B. 4122 - "A Bill to amend and reenact §37-13A-3 of the Code of West Virginia, 1931, as amended, relating to immunizing caretakers and owners of cemeteries from liability to persons injured while visiting a cemetery"; to the Committee on the Judiciary.
By Delegates Michael, Stemple, Boggs, Ashley, Hrutkay, Martin, Swartzmiller, Stalnaker and Evans:

 H. B. 4123 - "A Bill to amend and reenact §31-2A-2 of the Code of West Virginia, 1931, as amended, relating to allowing police officers, including Public Service Commission employees, to issue citations to owners of railroad cars or equipment for blocking a public highway railroad grade crossing for twenty-five minutes or more, except when due to mechanical failure or accident"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Louisos:
 H. B. 4124 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-1-5a, relating to providing that a commercial lender, who forecloses upon or repossesses collateral on a loan, whether the collateral is real or personal property, must consider the loan paid in full at the time the property is foreclosed upon or repossessed; providing that in the event a commercial lender sells a note securing a loan prior to the note's maturity that the debtor on the note may purchase the note at a prorated value that is no more than one percent above the prime rate; and, providing that in the event a commercial lender sells a note prior to maturity that contains a balloon provision, that the balloon provision is no longer enforceable"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan and Overington:
 H. B. 4125 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-2D-1, §20-2D-2, §20-2D-3, §20-2D-4, §20-2D-5, §20-2D-6, §20-2D-7, §20-2D-8, §20-2D-9, §20-2D-10, §20-2D-11, §20-2D-12, §20-2D-13, §20-2D-14, §20-2D-15, §20-2D-16, §20-2D-17 and §20-2D-18, all relating to establishing a system for issuing permits for the rehabilitation of orphaned, sick and injured wildlife; setting forth a purpose for the legislation; defining certain terms; establishing qualifications and duties of rehabilitators; providing for the issuance of permits by the Director of Division of Natural Resources; requiring certain standards of treatment and housing; listing criteria for revocation of permits; and providing that the Director of the Division of Natural Resources may propose certain legislative rules"; to the Committee on Agriculture and Natural Resources then Finance.
By Mr. Speaker, Mr. Kiss:
 H. B. 4126 - "A Bill to amend and reenact §18A-4-7b of the Code of West Virginia, 1931, as amended, 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"; to the Committee on Education then Finance.
By Delegates Sobonya, Moore, Howard, Stevens, Sumner, Rowan and Hamilton:

 H. B. 4127 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to prohibiting elected or appointed officials from using their name or likeness on publicly-owned vehicles except for ceremonial purposes; prohibiting elected or appointed officials from placing their name or likeness on trinkets paid for with public funds; and prohibiting elected or appointed officials from using public funds to distribute certain published materials bearing their name or likeness within sixty days prior to a primary or general election in which a public official is a candidate"; to the Committee on the Judiciary.
By Delegates Hatfield, Caputo, Walters, Martin, Hrutkay, Argento, Perdue and Manchin:

 H. B. 4128 - "A Bill to amend and reenact §29-3B-3 of the Code of West Virginia, 1931, as amended, relating to the removal of the exemption for government employees performing electrical work on government property from having to possess an electrician's license"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Tabb, Wysong, Doyle, Amores, Poling, Williams, Long, Campbell and Webster:

 H. B. 4129 - "A Bill to amend and reenact §29-19-13 of the Code of West Virginia, 1931, as amended, relating to providing that a professional solicitor may not solicit a person over the telephone for a contribution on behalf of a charitable organization without first providing a full disclosure to that person of the percentage of the contribution that will go to the professional solicitor and the percentage of the contribution that will go to the charitable organization";a to the Committee on the Judiciary.
By Delegate Swartzmiller, Michael, Kominar, Stemple, Craig, Ennis and Pethtel:

 H. B. 4130 - "A Bill to amend and reenact §7-8-2 of the Code of West Virginia, 1931, as amended, relating to authorizing jailors and correctional officers to carry firearms while performing their duties"; to the Committee on the Judiciary.
By Delegates Susman, Crosier, Moore, Marshall, Rick Thompson, Hatfield, Poling, Longstreth, Martin, Caputo and Paxton:

 H. B. 4131 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §24-1-3a; and to amend said code by adding thereto a new section, designated §24-2B-3, all relating to the Public Service Commission; providing for election of commissioners; compensation; terms of office; establishing a public review panel; duties and powers of public review panel; and providing a cap on certain utilities"; to the Committee on the Judiciary.
By Delegates Yost and DeLong:
 H. B. 4132 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24B-1-3, relating to requiring mandatory alert when natural gas or other petroleum product pipeline facilities are observed in a damaged state during commercial activities in the vicinity of pipeline facilities; and providing for civil and criminal penalties"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Perry, Amores, Craig, Perdue, Campbell, Long,
Anderson, Howard and Cann:

 H. B. 4133 - "A Bill to amend and reenact §49-5-2 of the Code of West Virginia, 1931, as amended, relating to clarifying that magistrate courts have concurrent juvenile jurisdiction with circuit courts with regard to enforcement of laws prohibiting the possession or use of tobacco or tobacco products by minors; and giving such concurrent juvenile jurisdiction to municipal courts"; to the Committee on the Judiciary.
Consent Calendar

First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2328, Giving precedential application to written advisory opinions issued by the ethics commission's committee on open governmental meetings,
And,
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.
Miscellaneous Business

Delegate Beach announced that he was absent when the votes were taken on Roll Nos. 32 through 38, and that had he been present, he would have voted "Yea" thereon.
At 11:36 a.m., the House of Delegates adjourned until 10:00 a.m., Friday, January 27, 2006.