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Tuesday, January 24, 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 Monday, January 23, 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 annual report of the Joint Committee on Government Operations, in accordance with section twelve, article ten, chapter four 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 Williams, H. White, Boggs, Varner, Kominar, Carmichael, Houston, Cann, Canterbury, Proudfoot and Browning:

H. B. 4077 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2b, relating to establishing a state minimum salary supplement for professional personnel holding a nationally recognized professional certification in speech-language pathology, audiology or counseling"; to the Committee on Education then Finance.
By Delegate Williams:
H. B. 4078 - "A Bill to amend and reenact §61-3-39g of the Code of West Virginia, 1931, as amended, relating to notifying persons from out-of-state who issue worthless checks in this state and who, after being duly served with a summons upon a misdemeanor complaint, fail to pay the check and applicable fine or fail to appear in court, that a notice of their failure will be sent to the Division of Motor Vehicles to be dealt with according to existing law"; to the Committee on the Judiciary.
By Delegate Williams:
H. B. 4079 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2b, relating to education; high quality educational programs; professional personnel; national certification and comparable credential; standards; salary supplement; expense reimbursement; limitations; rules; and report"; to the Committee on Education then Finance.
By Delegates Yost, Butcher, Eldridge, Hrutkay, Martin, Rick Thompson, Barker, Beane, Miley, Argento and Caputo:

H. B. 4080 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12h, relating to providing an exemption from gross income for certain members of volunteer fire departments, for state personal income tax purposes"; to the Committee on Finance.
By Delegate Williams:
H. B. 4081 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-2K-5; and to further amend said code by adding thereto a new section, designated §18-9A-10a, all relating to improving health care in the public schools; requiring the State Board of Education to adopt and disseminate guidelines for the development and implementation of individual diabetes care plans; requiring local boards of education to implement these guidelines; providing an allowance for student health services; making findings and stating intent of section; excepting allowance from state aid personnel ratios; and specifying amount, eligibility determination and recipient counties"; to the Committee on Education then Finance.
By Delegate Louisos:
H. B. 4082
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-21, relating to prohibiting the payment for the abortion-inducing drug RU-486 as a benefit under any health care insurance plan offered by the state to public employees"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, Martin, Hunt, Beane, Hrutkay, Rick Thompson and Doyle:

H. B. 4083
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46-9-410, relating to the use of checks, bank account debit authorizations or share drafts as security for loans or cash advances made for personal, family or household purposes"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Louisos:
H. B. 4084 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to providing that a woman who obtains an abortion has a cause of action against any physician who, in performing an abortion, causes injury to the woman or to her unborn child; providing that damages may not be limited in spite of the execution of a consent form; and, providing that the cause of action is not subject to a statute of limitations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Longstreth, Caputo and Manchin:
H. B. 4085 - "A Bill to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to raising the minimum wage; and to provide that if the federal minimum wage rate increases, then state minimum wage rate shall increase to equal the federal minimum wage rate"; to the Committee on the Judiciary then Finance.
By Delegates Ron Thompson and Crosier:
H. B. 4086 - "A Bill to amend and reenact §7-14D-2 of the Code of West Virginia, 1931, as amended, relating to the Deputy Sheriff Retirement Act; providing that in determining annual compensation for purposes of calculating the retirement benefit, that absences due to military service will not reduce the annual compensation that would otherwise have been received"; to the Committee on Pensions and Retirement then Finance.
By Delegate Louisos:
H. B. 4087 - "A Bill to amend and reenact §21A-5-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §23-2-5a of said code, all relating to allowing the purchaser of at least fifty percent of a business in default of payments, interest or penalties for unemployment compensation and workers compensation to recover from the owners or investors of the business in default"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Frich, Tansill, Lane, Stevens, Carmichael, Ashley, Evans, Duke, Trump, Sumner and Border:

H. B. 4088 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to eliminating the sales tax on food, after the thirtieth day of June, two thousand six"; to the Committee on Finance.
By Delegates Stemple, Perry, Varner, Swartzmiller, Pethtel and Argento:

H. B. 4089 - "A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to establishing a new license plate that designates city or municipality law- enforcement departments; specifying the design and one time fee"; to the Committee on Roads and Transportation then Finance.
By Delegates Staton, Stalnaker and G. White:
H. B. 4090 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-2A-1, §61-2A-2, §61-2A-3, §61-2A-4, §61-2A-5 and §61-2A- 6, relating to the creation of new criminal offenses for the trafficking of persons and involuntary servitude"; to the Committee on the Judiciary.
By Delegates Staton, Browning, Stalnaker and G. White:
H. B. 4091 - "A Bill to amend and reenact §22-18-3 of the Code of West Virginia, 1931, as amended, relating to adding to the definition of waste toxic, carcinogenic, explosive, corrosive, or flammable chemicals used in the manufacture or storage of illegal methamphetamine"; to the Committee on the Judiciary.
By Delegates Beane, Ennis, Swartzmiller, Talbott and Yost:
H. B. 4092 - "A Bill to repeal §8-8-1, §8-8-2, §8-8-3, §8-8-4, §8-8-5, §8-8-6, §8-8-7, §8-8-8, §8-8-9, §8-8-10, §8-8-11, §8-8-12, §8-8-13, §8-8-14, §8-8-15, §8-8-16, §8-8-17 and §8-8-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new chapter, designated §7A-1-1, §7A-1-2, §7A-1-3 and §7A-1-4; §7A-2-1, §7A-2-2, §7A-2-3 and §7A-2-4; §7A-3-1, §7A-3-2, §7A-3-3, §7A-3-4, §7A-3-5, §7A-3-6 and §7A-3-7; §7A-4-1, §7A-4-2 and §7A-4-3; §7A-5-1, §7A-5-2, §7A-5-3, §7A-5-4, §7A-5-5, §7A-5-6 and §7A-5-7; §7A-6-1, §7A-6-2, §7A-6-3, §7A-6-4, §7A-6-5, §7A-6-6 and §7A-6-7; §7A-7-1, §7A-7-2, §7A-7-3, §7A-7-4, §7A-7-5, §7A-7-6, §7A-7-7 and §7A-7-8; and §7A-8-1, all relating to creating the Consolidated Local Government Act; stating legislative findings and definitions; authorizing municipal consolidation, county consolidation and metro consolidation; establishing powers to be construed broadly; stating local consolidated government to be treated like municipality in municipal consolidation, county in county consolidation and municipality and county in metro consolidation; addressing jurisdiction and limitations of consolidated local governments; commencing consolidation by petition from voters or resolution by governing bodies; creating charter review committees; stating powers of charter review committees; allowing reimbursement of expenses for committee members; submitting charter review committee budget to governing bodies; studying consolidation; addressing territory, fiscal impact, name, seat, representation, governing body, effective date, transition of service and dissolution in charter review committee; drafting proposed charter; providing multiple public hearings; approving proposed charter and submitting proposed charter to governing bodies to hold elections; providing election by voters of each affected local government for municipal consolidation, county consolidation and metro consolidation; permitting reconsideration of second proposed charter if first is defeated; leaving municipalities incorporated in metro consolidation; disallowing new consolidation effort for two years after defeat; allowing subsequent joining of local governments to consolidated local government; and permitting charter to be amended"; to the Committee on Government Organization then the Judiciary.
By Delegates Doyle, Tabb, Wysong and DeLong:
H. B. 4093 - "A Bill to amend and reenact §23-2-1 and §23-2-1a of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-10 of said code, all relating to providing workers' compensation coverage for certain employees who perform duties attendant to racing activities"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Staton:
H. B. 4094 - "A Bill to amend and reenact §61-11-22 of the Code of West Virginia, 1931, as amended, relating to removing the requirement that pretrial diversion agreements be executed in the presence of an attorney"; to the Committee on the Judiciary.
By Delegates Brown, Perdue, Leach, Armstead, Amores and Doyle:

H. B. 4095
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-9a, relating to prohibiting the sale of candy or fruit- flavored cigarettes in this state"; to the Committee on the Judiciary.
By Delegates Amores, Craig, Mahan and Armstead:
H. B. 4096 - "A Bill to amend and reenact §58-5-14 of the Code of West Virginia, 1931, as amended, relating to amount of an appeal bond"; to the Committee on the Judiciary.
By Delegates Martin and Longstreth:
H. B. 4097
- "A Bill to amend and reenact º17A-3-14 of the Code of West Virginia, 1931, as amended, relating to the creation and issuing of special registration plates recognizing and memorializing victims of domestic violence"; to the Committee on Roads and Transportation then Finance.
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. 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.
House Calendar

Third Reading

H. B. 4019, Relating to the preparation and distribution of a digest or summary of the budget bill; 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. 29), and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Caputo, Hartman, Longstreth, Manchin and Rick Thompson.
Absent And Not Voting: Ferrell, Spencer, Thompson, Ron, Varner and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4019) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 30), and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Caputo, Eldridge, Longstreth, Manchin and Rick Thompson.
Absent And Not Voting: Ferrell, Spencer, Thompson, Ron, Varner and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4019) 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.
Second 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 second reading, coming up in regular order, was read a second time, advanced to third reading with amendments pending and the rule was suspended to permit the offering and consideration of amendments on that reading.
Leaves of Absence

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

Delegates Manchin and Michael announced that they were absent on yesterday when the votes were taken on Roll Nos. 24 through 28, and that had they been present, they would have voted "Yea" thereon.
Delegate Webster announced that she was absent when the votes were taken on Roll Nos. 29 and 30, and that had she been present, she would have voted "Yea" thereon.
At 11:42 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 25, 2006.