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Wednesday, February 8, 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 7, 2006, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 4240, Changing the name of the Community and Technical College of Shepherd to
Blue Ridge Community and Technical College,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 4240 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-3C-13, relating to changing the name of the
Community and Technical College of Shepherd to Blue Ridge Community and Technical College,"
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. 4240) 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. 2312, Requiring grab bars to be installed in all hotel and motel tubs and showers,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2312 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §16-6-14a, relating to the requirements for designated
handicapped accessible rooms in motels and hotels; requiring tubs and showers in every hotel or
motel room that has been designated or held out to be handicapped accessible to include grab bars
on all walls of the tub or shower, consistent with applicable design standards of the Americans with
Disabilities Act of 1990",
And,
H. B. 4107, Clearly defining the offense of abuse or neglect of incapacitated adults or elder
persons which result in the death of such persons, to include the offense of murder,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for 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; defining terms; and providing enhanced periods of incarceration for the offense of abuse
or neglect of incapacitated adults or elder persons which result in the death of such persons,"
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. 2312 and Com. Sub. for H.
B. 4107) 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. 3201, Relating to the compensation of secretary-clerks to family court judges,
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. 3201) 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. 4041, Providing limited immunity from civil damages for persons who volunteer their
services to public health departments,
And,
H. B. 4065, Relating to notification of parole hearings,
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. 4041 and H. B. 4065) will be placed on the
Consent Calendar.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented a communication from His Excellency, the Governor,
advising that on February 7, 2006, he approved H. B. 4037.
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
Com. Sub. for S. B. 174 - "A Bill to amend and reenact §15-2-31a and §15-2-37 of the Code
of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §15-2-52, all relating to the State Police Death, Disability and Retirement Fund;
clarifying earnings information required; requiring examination of certain records; clarifying
substantial gainful activity, establishing earnings limits and providing for annual adjustment;
authorizing benefit termination for and reapplication by disability retirants terminated for failure to maintain eligibility due to income or type of employment; requiring medical exam at applicant's
expense on reapplication; clarifying reinstatement for reenlisting members; and providing for
termination and recovery of benefits for misrepresentation"; which was referred to the Committee
on Pensions and Retirement then 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
Com. Sub. for S. B. 364 - "A Bill to repeal §21-1C-7 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §21-1C-5 of said code, relating to continuing the West
Virginia Jobs Act; and requiring annual reports by the Division of Labor"; which was referred to the
Committee on Government Organization.
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. 479 - "A Bill to amend and reenact §15-11-2 of the Code of West Virginia, 1931, as
amended, relating to expanding the funeral expense payment benefit to include all probation officers
killed in the line of duty"; 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, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 480 - "A Bill to amend and reenact §50-3-2 of the Code of West Virginia, 1931, as
amended, relating to increasing the amount of time to pay costs of criminal proceedings"; 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, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 481 - "A Bill to amend and reenact §48-27-311 of the Code of West Virginia, 1931, as
amended, relating to domestic violence protective orders served on persons out-of-state having the
same force and effect as those served in-state"; which was referred to the Committee on the
Judiciary.
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. 483 - "A Bill to amend and reenact §44-10-3 of the Code of West Virginia, 1931, as
amended, relating to confidentiality of circuit court records involving guardianship of minors";
which was referred to the Committee on the Judiciary.
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. 484 - "A Bill to amend and reenact §62-11C-5 of the Code of West Virginia, 1931, as
amended, relating to authorizing the use of community corrections programs in pretrial supervision";
which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegate Rowan (By Request) offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 40 - "Declaring the Timber Rattlesnake to be the official state reptile."
Whereas, The Timber Rattlesnake is present throughout West Virginia and is an integral
part of the history, culture and ecology of West Virginia and the United States; and
Whereas, The Timber Rattlesnake's color and pattern is reminiscent of West Virginia's
fauna and flora, the Timber Rattlesnake is indicative of our mountainous topography and the Timber
Rattlesnake is important to preserve as a predator and as prey in West Virginia's ecology; and
Whereas, The Timber Rattlesnake kills mice and rats at no cost, while leaving no unnatural
chemical residue and is a popular icon that does attract attention and thereby may enhance tourism
in West Virginia; and
Whereas, The Timber Rattlesnake is currently a symbol being used by the United States
Navy's "Don't Tread on Me" flag to symbolize the courage, dedication and sacrifice by our fighting
men and women on all fighting ships in the War on Terrorism; and
Whereas, No other state has adopted the Timber Rattlesnake as a state reptile, West Virginia
should be the first; therefore, be it
Resolved by the Legislature of West Virginia:
That the Timber Rattlesnake is hereby designated and declared to be the official state reptile.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Sumner, Eldridge, Overington, Louisos, Lane, Tansill, Walters and
Sobonya:
H. J. R. 112 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article VI thereof by adding thereto a new section, designated section 57, relating to
providing that the Constitution does not require the State to pay for any abortion; 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.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Amores, Armstead, Morgan, Ellem and Schadler:
H. B. 4458 - "A Bill to amend and reenact §11-12C-3 and § 46-9-523 of the Code of West
Virginia, 1931, as amended, relating to the sale of bulk data in electronic format from the Uniform
Commercial Code and Corporation Data Bases electronically stored in the Secretary of State's
Office"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 4459 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §44-14-6, relating to providing a statute of limitations for sales by
a substitute trustee"; to the Committee on the Judiciary.
By Delegate Ron Thompson:
H. B. 4460 - "A Bill to amend and reenact §21-10-4 of the Code of West Virginia, 1931, as
amended, relating to reducing the annual inspection fee imposed on amusement rides and
attractions"; to the Committee on Finance.
By Delegates Sobonya, Howard, Lane, Sumner, Armstead, Hamilton, Carmichael,
Frich, Wakim, Stevens and Blair:
H. B. 4461 - "A Bill to amend and reenact §15-12-1, §15-12-1a, §15-12-2, §15-12-2a,
§15-12-2b and §15-12-8, of the Code of West Virginia, 1931, as amended; to amend and reenact §61-2-14 of said code; to amend and reenact §61-8-6, §61-8-7, §61-8-12, of said code; to amend and
reenact §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8, §61-8B-9 and §61-8B-10; to amend
and reenact §61-8C-2 and §61-8C-3; to amend and reenact §61-8D-5 and §61-8D-6; to amend said
code by adding thereto a new article, designated §62-11D-1, §62-11D-2, §62-11D-3, §62-11D-4,
§62-11D-5, §62-11D-6, §62-11D-7, §62-11D-8, §62-11D-9, §62-11D-10, §62-11D-11, §62-11D-12,
§62-11D-13, §62-11D-14, §62-11D-15, §62-11D-16, §62-11D-17, §62-11D-18, §62-11D-19 and
§62-11D-20; to amend and reenact §62-12-2 of said code; to maned and reenact §62-12-26 of said
code; and to amend said code by adding thereto a new section, designated §62-12-26a, all relating
to establishing 'Logan's Law'; setting forth certain findings; increasing penalties for certain sex
offenses against minors; eliminating probation for certain sex offenders; providing for a sentence of
life in prison without parole for certain offenses that result in the death of a minor; prohibiting sex
offenders from residing in certain area; limiting access to minors by sex offenders; eliminating the
granting of 'good time' by prison officials for persons convicted of crimes against minors; including
persons convicted of a second violent sexual offense as a violent sexual predator; requiring twice
yearly registration and re-registration by violent sexual predators, providing criminal offenses for
failing to re-register, failing to respond to address verification, failing to report or providing false
information about a violent sexual predator, and harboring or concealing a sexual predator; providing
penalties for violations; providing for twenty-five year mandatory minimum term of imprisonment
for violent sexual predators; providing a sentence for life for violent sexual predators who commit
certain sexual crimes against certain minors; providing for split sentencing; requiring the court to
impose a split sentence in certain circumstances; requiring increased supervision of violent sexual
predators under certain circumstances; requiring use of electronic monitoring device including 'GPS' monitoring, before release of certain offenders; prohibiting the intentional altering, tampering,
damaging or destroying of any electronic monitoring equipment; providing a penalty for violations
establishing a procedure for committing sexually violent predators; setting forth certain findings;
requiring notice to prosecuting attorney of proposed release of sexually violent predator; providing
for the filing of a commitment petition for a sexually violent predator; providing for a probable cause
hearing on the petition; setting forth certain rights of the parties; requiring the filing of a petition for
conditional release; setting forth procedures for determining unconditional discharge of sexually
violent predator; providing for hearing on least restrictive alternative; conditional release to a less
restrictive setting; providing for the apprehension of persons placed in less restrictive alternatives;
hearing and revocation of placement; setting forth certain responsibilities of the Department of
Health and Human Resources; approval of community service personnel by Department of Health
and Human Resources; providing for the release of certain information; establishing a procedure on
escape or disappearance of violent sexual offenders; notice of escape and recapture; and providing
for rules for legislative approval; specifying additional conditions for certain violent sexual offenders
placed under community control; providing for imprisonment for life for sexually violent predators
and imprisonment from twenty five years to life for first degree sexual offenses against minors;
providing for split sentencing; providing for terms and conditions of supervised release; extended
supervision; electronic monitoring; and penalty for destruction of monitoring device"; to the
Committee on the Judiciary.
Consent Calendar
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed
with him for the removal of a bill from the Consent Calendar. In the absence of objection, the following bill was transferred to first reading, Special Calendar:
Com. Sub. for H. B. 4004, Relating to the use of a traffic law photo-monitoring device to
detect traffic law violations, by Delegate Trump.
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 4008, Relating to authorizing city and county housing authorities to
merge to form a regional housing authority,
Com. Sub. for H. B. 4096, Relating to amount of an appeal bond,
H. B. 4353, 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,
H. B. 4391, Continuing the State Rail Authority,
And,
H. B. 4392, Continuing of the West Virginia Conservation Agency.
On the passage of the bills, the yeas and nays were taken (Roll No. 67), 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: Ennis, Ferrell, Swartzmiller and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for H. B. 4008, Com. Sub. for H. B. 4096, H. B. 4353, H. B. 4391 and
H. B. 4392) 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.
Second Reading
S. B. 370, Creating personal property tax exemption for farm equipment and livestock; on
second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page six, section nine, lines ninety-three through ninety-five, by
striking out subdivision (28) in its entirety, and inserting in lieu thereof the following:
"(28) Personal property, including livestock, employed exclusively in agriculture, as defined
in article ten, section one of the West Virginia Constitution, and the products of agriculture while
owned by the producer; and".
The bill was then ordered to third reading.
First Reading
Com. Sub. for H. B. 4313, Relating to petitions of appeal of domestic violence emergency
protective orders; on first reading, coming up in regular order, was read a first time and ordered to
second reading.
House Calendar
Third Reading
The following bills, coming up in regular order, were, on motion of Delegate Staton, laid
over one day:
Com. Sub. for H. B. 2141, Prohibiting persons from soliciting contributions on public
highways,
And,
Com. Sub. for H. B. 4022, Relating to medically ineffective cardiopulmonary resuscitation for terminally ill patients.
Com. Sub. for H. B. 4296, Providing employer immunity from liability for disclosing
job-related information concerning an employee or former employee to a prospective employer;
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. 73),
and there were--yeas 77, nays 19, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Brown, Butcher, Caputo, Eldridge, Fragale, Hatfield, Hrutkay, Iaquinta, Longstreth,
Louisos, Manchin, Martin, Poling, Porter, Spencer, Susman, Tucker, Walters and Webster.
Absent And Not Voting: Ennis, Ferrell, Swartzmiller and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4296) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4368, Relating to penalties imposed against licensed wine sellers for ABC violations;
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. 74),
and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Armstead.
Absent And Not Voting: Ennis, Ferrell, Swartzmiller and Yost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4368) passed.
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. 4306, Creating a criminal offense for picketing or disrupting funerals
or memorial services;
on second reading, coming up in regular order, was read a second time.
On motion of Delegate Amores, the bill was amended on page two, section fourteen-a, line
eight, following the word "procession", by striking out the words "with the intent to incite or produce
imminent lawless action and is likely to incite or produce such action" and inserting in lieu thereof
a comma and the words "disturbs the peace of those persons attending a funeral or memorial service,
or funeral procession, and who persist in such conduct after being requested to desist by a
law-enforcement officer acting in his lawful capacity" followed by a comma.
The bill was then ordered to engrossment and third reading.
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. 4129, Providing a full disclosure 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,
And,
Com. Sub. for H. B. 4004, Relating to the use of a traffic law photo-monitoring device to
detect traffic law violations.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ennis, Ferrell, Swartzmiller and Yost.
Miscellaneous Business
Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegate
Barker concerning insurance credit scoring be printed in the Appendix to the Journal.
At 12:06 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 9,
2006.