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Thursday, February 2, 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, February 1, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Beach, 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. 4072, Prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog without the permission of the owner,
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. 4072) was referred to the Committee on the Judiciary.
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. 4160, Natural Resources, wild boar hunting,
H. B. 4161, Natural Resources, special waterfowl hunting,
H. B. 4219, Natural Resources, falconry,
And,
H. B. 4272, Clarifying the language regarding requirements for a Class BG stamp,
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. 4160, H. B. 4161, H. B. 4219 and H. B. 4272) were each referred to the Committee on the Judiciary.
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. 4053, Providing that active military personnel stationed in this state need not obtain a hunting, fishing or trapping permit,
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. 4053) 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. 4162, Natural Resources, lifetime hunting, trapping and fishing licenses,
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. 4162) was referred to the Committee on the Judiciary.
Chairman DeLong, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 2506, Creating the West Virginia Military Family Relief Fund,
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. 2506) was referred to the Committee on Finance.
Chairman Pethtel, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 4213, Miners' Health, Safety and Training, safety provisions for clearing crews,
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. 4213) was referred to the Committee on the Judiciary.
Chairman Pethtel, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 4211, Labor, manufactured housing construction and safety standards board,
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. 4211) 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. 4120, Authorizing the termination of water service for delinquent sewer bills where the sewer service is provided by a Homeowners' Association,
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. 4120) 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. 4155, Highways, transportation of hazardous waste,
And,
H. B. 4215, Motor Vehicles, dealers and businesses regulated,
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. 4155 and H. B. 4215) were each 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 condideration:
H. B. 4243, Relating to salvage certificates for certain wrecked vehicles,
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. 4243) 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. 2366, Authorizing the commissioner of department of highways to set certain speed limits,
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. 2366) was referred to the Committee on the Judiciary.
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. 2607, Expanding newborn screening by adding sickle cell anemia and adrenal hyperplasia.,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it 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 (H. B. 2607) 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. 2607) 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. 2548, The Diabetes Care Plan Act,
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 Education.
In accordance with the former direction of the Speaker, the bill (H. B. 2548) was referred to the Committee on Education.
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. 4198, Health and Human Resources, public water systems,
H. B. 4199, Health and Human Resources, reportable diseases,
And,
H. B. 4203, Health and Human Resources, lead abatement licensing,
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. 4198, H. B. 4199 and H. B. 4203) were each 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. 4112, Extending the time for the County Commission of Mineral County, West Virginia, to meet as a levying body,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4112) to the Committee on the Judiciary was abrogated.
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. 4106, Relating to one-day licenses for the sale and serving of wine at non-profit fundraising events,
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. 4106) will be placed on the Consent Calendar.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4158, Insurance Commission, nonrenewal of property insurance policies,
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. 4158) was referred to the Committee on the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4156, Insurance Commission, essential property insurance association,
H. B. 4159, Insurance Commission, private passenger automobile and property insurance,
And,
H. B. 4207, Insurance Commission, individual insurance producers,
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. 4156, H. B. 4159 and H. B. 4207) were each referred to the Committee on the Judiciary.
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. 21, Recognizing the Month of January as Cervical Cancer Month and encouraging women to take advantage of the services available to screen for breast and cervical cancer.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 4037, Correcting definitions applicable to the assessment of real property.
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. 242 -
"A Bill to amend and reenact §31A-4-3 of the Code of West Virginia, 1931, as amended, relating to the authority of a state banking institution to issue more than one class of stock"; 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 and requested the concurrence of the House of Delegates in the passage of
S. B. 244 -
"A Bill to amend and reenact §31A-4-13 of the Code of West Virginia, 1931, as amended, relating to powers of state banking institutions"; 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 and requested the concurrence of the House of Delegates in the passage of
S. B. 271 - "A Bill to amend and reenact §31A-4-35 of the Code of West Virginia, 1931, as amended, relating to the time period for which state banks must retain records"; 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 and requested the concurrence of the House of Delegates in the passage of
S. B. 370 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting farming equipment and livestock from personal property taxation"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 371 - "
A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to reducing the rate of tax paid on privilege of severing timber after specified date; and deleting obsolete language"; which was referred to the Committee on Finance.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss, and Delegates Varner, Kominar, Stemple, Pethtel, Perry, Cann, Michael, Staton and Beach:

H. B. 4351 - "A Bill to amend and reenact º33-3-33 of the Code of West Virginia, 1931, as amended, relating to providing, for administration and training expenses, State Treasury Fire Protection Fund revenue to the West Virginia State Fire Chiefs Association and the West Virginia State Fireman's Association, and exempting both associations from eligibility and spending requirements under º8-15-8a and º8-15-8b"; to the Committee on Finance.
By Delegates Browning, Cann and Staton:
H. B. 4352
- "A Bill to repeal §19-25-7 of the Code of West Virginia, 1931, as amended; and to repeal §20-14-10 of said code, all relating to insurers asserting immunity on behalf of landowners"; to the Committee on the Judiciary.
By Delegates Staton, Amores, Craig and Ellem:
H. B. 4353
- "A Bill to amend and reenact §17C-5A-1 of the Code of West Virginia, 1931, as amended, relating to requiring law enforcement officers have a valid complaint, signed by a magistrate or municipal judge, with a showing of probable cause before reporting said offense to the commissioner of the department of motor vehicles"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 4354
- "A Bill to amend and reenact §38-2-7 of the Code of West Virginia, 1931, as amended, relating to mechanics' liens; correcting confusing language"; to the Committee on the Judiciary.
By Delegates Brown, DeLong, Mahan and Amores:
H. B. 4355
- "A Bill to amend and reenact §48-27-403 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5-7 and §49-5-8 of said code, all relating to custody by law-enforcement officials of juveniles who are respondents in an emergency productive order in which the petitioner resides with the juvenile respondent"; to the Committee on the Judiciary.
By Delegate Rowan:
H. B. 4356
- "A Bill to amend and reenact §61-11A-2, §61-11A-3 and §61-11A-6 of the Code of West Virginia, 1931, as amended, all relating to ensuring victims' rights to testify at sentencing in criminal cases"; to the Committee on the Judiciary.
By Delegates Barker and Eldridge:
H. B. 4357
- "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to providing that lying to a deputy sheriff or municipal police officer who is conducting an investigation of a felony, is a misdemeanor"; to the Committee on the Judiciary.
By Delegates Ellem, Frich, Schadler and Lane:
H. B. 4358
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-8-104a, relating to providing that adultery shall be a bar to alimony in a divorce proceeding"; to the Committee on the Judiciary.
By Delegates Canterbury, Walters and Eldridge:
H. B. 4359
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-28, relating to establishing a system to reduce the cost of medical care paid by the Public Employees Insurance Agency by providing incentives to covered employees to obtain treatment in low cost foreign health care facilities accredited by the Joint Commission International"; to the Committee on Banking and Insurance then Finance.
By Delegates Ellem, Hamilton, Proudfoot and Beane:
H. B. 4360
- "A Bill to amend and reenact §15-10-4 of the Code of West Virginia, 1931, as amended, relating to authorizing law-enforcement officials to deputize law-enforcement personnel employed by out-of-state jurisdictions; and conditions"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 4361
- "A Bill to amend and reenact §47-11C-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-9-1, §60-9-2 and §60-9-4 of said code, all relating to providing that the sales price of gasoline is required to at least be the daily 'Rack' price that exists on the date it is sold plus seven percent and an allowance for the cost of transportation; providing inspectors from the Division of Labor check bills of lading and take other action considered appropriate to insure compliance; providing a criminal penalty; prohibiting wholesalers of cigarettes from offering discounts to retailers or consumers; and providing a criminal penalty"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 4362
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22A-10d, relating to imposition of an annual fee of ten thousand dollars on each video lottery machine at a dog or horse racetrack; providing that the annual fee is to be deposited into a special account in the treasury for prescription drugs for aged and disabled residents; allowing the Secretary of the Department of Health and Human Resources to propose legislative rules; and requiring the Secretary of Health and Human Resources to undertake certain studies"; to the Committee on the Judiciary then Finance.
By Delegate Louisos:
H. B. 4363
- "A Bill to amend and reenact §24-2-4 of the Code of West Virginia, 1931, as amended, relating to public utilities; providing that a public utility may not utilize minimum billing of customers; and providing that customer billing is based on actual usage"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 4364
- "A Bill to amend and reenact §29-6A-4 of the Code of West Virginia, 1931, as amended, relating to providing for binding arbitration in state employee grievance procedures"; to the Committee on the Judiciary then Finance.
By Delegate Evans:
H. B. 4365 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-13a, relating to hospitals and similar institutions; and requiring any facility that performs abortions to maintain a quality assurance program"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Beane:
H. B. 4366
- "A Bill to amend and reenact §30-1-12 of the Code of West Virginia, 1931, as amended, relating to requiring certain state boards of examination and registration to have websites accessible to the public; specifying minimum content; requiring the Information Services and Communications Division within the Department of Administration to assist the boards in developing the websites; and requiring the Governor to ensure that links to each of the boards websites are accessible through the state's internet home page"; to the Committee on Government Organization.
By Delegate Border:
H. B. 4367
- "A Bill to amend and reenact §16-2F-3 of the Code of West Virginia, 1931, as amended, relating to requiring that abortion providers notify the parents of a minor seeking an abortion forty-eight hours before performing the procedure"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Amores, Palumbo, Brown and Schadler:
H. B. 4368 - "A Bill to amend and reenact §60-8-18 of the Code of West Virginia, 1931,as amended, relating to the alleged violations of Alcohol Beverage Control Commission (ABCC) rules, orders and related code provisions by persons and entities holding licenses to sell or serve wine; clarifying the code provisions to clearly provide for the investigation of licensee's alleged violation of rules or orders issued by the ABCC Commissioner; and providing expanded alternative sanction options to the ABCC Commissioner for certain violations"; to the Committee on the Judiciary.
By Delegates Long, Yost, Boggs, Staton, Swartzmiller, Border and Canterbury:
H. B. 4369 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-12, relating to requiring the Secretary of the Department of Administration to propose a rule implementing public employee acceptable use standards for the Internet"; to the Committee on the Judiciary.
By Delegates Mahan, Doyle, Ennis, Houston, Leach, Ron Thompson, Varner, Ashley and Trump:

H. B. 4370
- "A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §8-15-8d, all relating to authorizing certain volunteer fire departments to establish a special fund to make awards to qualified volunteers"; to the Committee on the Judiciary.
By Delegates Williams, Varner, Boggs and Tabb:
H. B. 4371
- "A Bill to amend and reenact §17A-10-3 of the Code of West Virginia, 1931, as amended, relating to registration fees for vehicles and allowing a registrant to transfer the registration of a Class C vehicle to another Class C type vehicle titled in the name of the registrant"; to the Committee on Roads and Transportation then Finance.
By Delegates Marshall, Hrutkay, Hatfield, Long, Moore, Brown, Longstreth, Perry, Wells, Spencer and Webster:

H. B. 4372
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22i; and to amend said code by adding thereto a new section, designated §18-7A-26t, all relating to the Public Employees Retirement System and the Teachers Retirement System; and providing a one-time supplement for annuitants and survivor beneficiaries after being retired five consecutive years"; to the Committee on Pensions and Retirement then Finance.
By Delegates Caputo, Manchin and Longstreth:
H. B. 4373
- "A Bill to amend and reenact §16-5E-2 and §16-5E-6 of the Code of West Virginia, 1931, as amended, all relating to providing that a legally unlicensed personal care home may house up to four unrelated residents if there is at least one full-time employee working at the home"; to the Committee on Health and Human Resources then the Judiciary.
Consent Calendar

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. 4133, 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,
H. B. 4310, Continuing of the Board of Risk and Insurance Management,
And,
H. B. 4311, Continuing of the Department of Environmental Protection.

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. 4349, Continuing the Division of Motor Vehicles,
And,
H. B. 4350, Continuing the Family Protection Services Board.
House Calendar

Unfinished Business

H. R. 6, Amending House Rule No. 125, relating to House concurrence in Senate Amendments to House bills;
coming up in regular order, as unfinished business, was, on motion of Delegate Staton, recommitted to the Committee on Rules.
Third Reading

Com. Sub. for H. B. 2141, Prohibiting persons from soliciting contributions on public highways; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
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. 4022, Providing circumstances when health care facilities and providers are not required to perform cardiopulmonary resuscitation,
And,
H. B. 4308, Limiting the definition of conviction for purposes of administrative license revocation proceedings.
Delegate Overington asked and obtained unanimous consent to have his name removed as a sponsor of Com. Sub. for H. B. 4022.
Miscellaneous Business

Delegate Perdue asked an obtained unanimous consent that the remarks of Delegate Canterbury concerning health care costs and incentives be printed in the Appendix to the Journal.
Delegate Caputo addressed the House concerning the coal mining industry and the ongoing need for safety regulations, and at the conclusion of his remarks, Delegate Manchin asked and obtained unanimous consent that the remarks of Delegate Caputo be printed in the Appendix to the Journal.
Delegate Butcher announced that he was absent on yesterday, when the votes were taken on Roll Nos. 44 and 45, and that had be been present, he would have voted "Nay" on Roll No. 44, and "Yea" on Roll No. 45.
At 12:20 p.m., the House of Delegates adjourned until 10:00 a.m., Friday, February 3, 2006.