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Friday, February 10, 2006



The House of Delegates met at 10:00 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 Thursday, February 9, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 32, Designating December 6 annually as "Miner's Day",
And reports the same back with the recommendation that it be adopted.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4192, Fire Commission, state fire code,
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. 4192) was referred to the Committee on the Judiciary.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4260, Removing the requirement that the state board establish and staff an office of education performance audits,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4260 - "A Bill to amend and reenact §18-2E-5b of the Code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to review of system of education performance audits; findings; system goals; additional specific objectives; reports to oversight commission,"
With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 4260) to the Committee on Finance was abrogated.
Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4447, Authorizing county boards of education to lease school buses for transportation associated with fairs, festivals and other educational and cultural events,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4447 - "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to authority of county boards of education; requiring proof of vehicle safety and driver training, certification and background before transporting students in certain vehicles; state board rule required; authorization to lease school buses for transportation associated with fairs, festivals and other educational and cultural events; requiring that only county employed bus drivers operate leased buses; and requiring the lessee to pay all costs and expenses involved in the lease to the county board of education,"
With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 4447) 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 (Com. Sub. for H. B. 4447) 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. 4355, Providing for the temporary detention of juveniles who are the named respondent in an emergency domestic violence protective order when the juvenile resides with the petitioner,
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. 4355) 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. 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 back a committee substitute therefor, by unanimous vote of the Committee, with the same title as follows:
Com. Sub. for H. B. 4072 - "A Bill to amend and reenact §19-20-12 of the Code of West Virginia, 1931, as amended, relating to protection of registered dogs; prohibiting a person not the owner of a registered dog from removing tags, collars or apparel from a registered dog, or turning off a radio transmitting collar without the permission of the owner; providing for limited exceptions thereto; and establishing related penalties,"
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. 4072) 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. 4309, Setting forth the types of racial profiling information to be collected at law- enforcement traffic stops,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4309 - "A Bill to amend and reenact §17G-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17G-2-1 and §17G-2-3 of said code, all relating to the collection of racial profiling data; defining the types of stops not requiring data collection; setting forth type of racial profiling information to be collected during law-enforcement traffic stops; determination of the dimensions, size, and format of the data collection form; providing dates for a preliminary and a final comprehensive report; and modifying the effective date and termination date of the chapter,"
With the recommendation that the committee substitute do pass.
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. 4105, Requiring persons who have judgments against them and their wages to notify the court of any change of job status or employer,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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,"
With the recommendation that the committee substitute do pass.
Messages from the Executive

Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the Commission on Special Investigations, in accordance with section two, article five, 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 Delegate Perry:
H. B. 4480 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, §16-2J-2, §16-2J-3, §16-2J-4 and §16-2J-5, all relating to requiring physicians to file regular reports with the Department of Health and Human Resources, regarding patients who require medical treatment as a result of an abortion; providing criminal penalties for violation"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Amores, Morgan, Palumbo and Schadler:
H. B. 4481 - "A Bill to amend and reenact §3-4A-9b of the Code of West Virginia, 1931, as amended, relating to the limited use of precinct ballot-scanning devices for a count of votes following the close of the polls on election night"; to the Committee on the Judiciary.
By Delegates Amores and Staton:
H. B. 4482 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §39-1-2c; and to amend and reenact §44-1-13 of said code, all relating to affidavits of descent; filing affidavit of heirship with deed records; requiring that the estate be administered before the heirs can deed the property to another; penalties; authorizing the recording of affidavits stating facts that affect the title to real property; penalties"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Staton, Browning, Mahan and Ron Thompson:

H. B. 4483
- "A Bill to amend and reenact §46A-6-102 and §46A-6-105 of the Code of West Virginia, 1931, as amended, all relating to deceptive trade practices in print advertisement; providing limited immunity from liability to a telephone company or provider of a telephone directory or directory assistance database; and prohibiting the misrepresentation of the geographic location of a service or product supplier in print advertisements for being a deceptive and unfair trade practice"; to the Committee on the Judiciary.
By Delegates Caputo, Manchin and Longstreth:
H. B. 4484 - "A Bill to extend the time for the county commission of Marion County, West Virginia, to meet as a levying body for the purpose of presenting to the voters of the county an election on the question of continuing excess levies for vital public services in Marion County"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Brown, Perdue, Hatfield, DeLong and Craig:
H. B. 4485 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to providing requirements for the tethering of a dog; and providing penalties"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Stemple, Cann, Kominar, Stalnaker, Amores, Michael, Campbell, Perry, Hartman and Browning:

H. B. 4486 - "A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §15-1B-16 of said code; and to amend and reenact §15-1B-21 of said code, all relating to the National Guard generally; providing that the salary of the Adjutant General is the pay and allowance of an officer of the same rank on active duty; providing for the payment of tuition and fees for postgraduate courses for members of the National Guard; and increasing the base pay of members of the National Guard while in active service to the state"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegates Stemple, Varner, Poling and Pethtel:
H. B. 4487 - "A Bill to amend and reenact §20-2-46e of the Code of West Virginia, 1931, as amended, relating to allowing an individual, who is at least sixteen years of age, to be in the vehicle to assist the Class Q permittee"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Perdue, Hatfield, Brown, Webster, Wakim, Doyle, Longstreth, Marshall, Moore and Hrutkay:

H. B. 4488 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5, §16-42-6 and §16-42-7, all relating to a study of the behavioral health system of West Virginia; creating a commission of public and private citizens; setting forth findings and the purpose; setting forth the requirements of the study; requiring the commission to submit periodic and final reports; and including a date certain for the conclusion of the commission's work"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Morgan, Schadler, Ellem, Amores and Armstead:
H. B. 4489 - "A Bill to amend and reenact §3-4A-13 and §3-4A-26 of the Code of West Virginia, 1931, as amended, all relating to the testing of electronic voting machines used for early voting in order to allow their use on election day"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 4490 - "A Bill to amend and reenact §17A-6-6 and §17A-6-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17A-6E-1, §17A-6E-2, §17A-6E-3, §17A-6E-4, §17A-6E-5, §17A-6E-6, §17A-6E-7, §17A-6E-8, §17A-6E-9, §17A-6E-10, §17A-6E-11, §17A-6E-12 and §17A-6E-13, all relating generally to the regulation of selling new or used vehicles; providing for the comprehensive regulation and licensing of persons who sell new or used vehicles by requiring these persons to obtain licenses as salespersons; authorizing fees; authorizing the commissioner to propose legislative rules; prohibiting the employment by dealers of unlicensed salespersons; authorizing the commissioner to conduct investigations and petition for injunctions under certain circumstances"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Campbell:
H. B. 4491 - "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, all relating to establishing the third week of October as Disability History Week for the State of West Virginia in order to increase the awareness and understanding of the history and contributions of people with disabilities in the state, nation and world"; to the Committee on Education.
By Mr. Speaker, Mr. Kiss, and Delegates Iaquinta, Staton, Ennis, DeLong, H. White, Beane, Azinger, Fragale, Wakim and Eldridge:

H. B. 4492 - "A Bill to amend and reenact §3-3-5 of the Code of West Virginia, 1931, as amended, relating to absentee voting by facsimile"; to the Committee on the Judiciary.
By Delegates Brown, Hunt, Hatfield and Webster:
H. B. 4493
- "A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation of secretary-clerks to family court judges"; to the Committee on the Judiciary then Finance.
By Delegates H. White, Proudfoot, Cann, Susman, Evans and Hall:
H. B. 4494 - "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the Auditor to issue warrants for the payment thereof"; to the Committee on Finance.
By Delegate Hamilton:
H. B. 4495 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to recovery rooms where abortions are performed; setting forth certain requirements; providing for the closure of facilities which violate the requirements; and prescribing criminal penalties for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Long and Ennis:
H. B. 4496 - "A Bill to amend and reenact §19-1-2 of the Code of West Virginia, 1931, as amended, relating to qualifications of the Commissioner of Agriculture"; to the Committee on Government Organization.
By Delegates Spencer and Amores:
H. B. 4497 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-12A-1 and §15-12A-2, all relating to creating a registry of persons convicted of operating a clandestine drug laboratory; designating certain information to be contained on the registry; directing the Criminal Identification Bureau of the State Police to create a website using descriptive terms for the public to access relative to the information in the registry; and requiring the Superintendent of the State Police to propose rules to implement the provisions of the article"; to the Committee on the Judiciary.
By Delegates Ron Thompson, Beach, Houston, Iaquinta, H. White, Marshall and Kominar:

H. B. 4498 - "A Bill to amend and reenact §32A-2-5 of the Code of West Virginia, 1931, as amended, relating to fees for licensing of money service businesses"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Boggs and Ron Thompson:
H. B. 4499 - "A Bill to repeal §17D-4-15, §17D-4-16, §17D-4-17, §17D-4-18 and §17D-4- 19 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3 of said code; and to amend and reenact §17D-2A-3, §17D-2A-6, §17D-2A-7 and §17D-2A-8 of said code; to amend and reenact §17D-5-3 of said code; and to amend and reenact §17D-6-2 of said code, all relating to mandatory security upon motor vehicles; authorizing the commissioner to develop a program pilot test for electronic insurance verification and if cost effective, implement an electronic insurance verification program; repealing the option of substituting the posting of a bond or other security with the State Treasurer or the Commissioner of Motor Vehicles in lieu of a motor vehicle liability policy; changing the method of random sampling for determining compliance with the requirement to maintain security; changing the period of suspension of a driver's license for failure to maintain security; requiring the court to forward evidence of compliance to the Division of Motor Vehicles; providing a criminal penalty for providing false or fraudulent information related to mandatory security; requiring the division to suspend the driver's license of any person upon a showing of forging or filing any false evidence or proof of mandatory security or information; and changing the requirements of obtaining a certificate of self insurance"; to the Committee on Banking and Insurance then the Judiciary.
Consent Calendar

Third Reading

S. B. 370, Creating personal property tax exemption for farm equipment and livestock;
on third reading, coming up in regular order, was, on motion of Delegate Varner, laid over one day.
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:
Com. Sub. for H. B. 2312, Relating to minimum grab bar standards for hotel and motel rooms that are specifically designated or intended for use by handicapped or disabled guests,
H. B. 4041, Providing limited immunity from civil damages for persons who volunteer their services to public health departments,
H. B. 4065, Relating to notification of parole hearings,
Com. Sub. for 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,
Com. Sub. for H. B. 4240, Changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College.
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. 2947, Requiring payments for delinquent real estate taxes submitted fourteen days prior to the date of the sheriff's sale, be made by cashiers check, money order, certified check or United States currency,
Com. Sub. for H. B. 4063, Expanding the authority of the Commissioner of Banking concerning use of certain banking terms in connection with the name of a business,
H. B. 4295, Establishing a bird dog training permit,
And,
H. B. 4307, Extending the weekend driving privileges of antique motor vehicles and motorcycles.
Special Calendar

Unfinished Business

H. R. 13, Amending House Rule 70a of the Rules of the House of Delegates, providing for the transfer of a bill from the Consent Calendar to the Special Calendar when the Special Calendar is operative; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
H. C. R. 17, Requesting the Governor of the State of West Virginia and the West Virginia Development Office to put the highest priority on putting forward locations in the southern coalfield counties for the proposed coal conversion facilities; coming up in regular order, as unfinished business, on motion of Delegate Varner, laid over one day.
H. C. R. 26, Naming the new bridge spanning the Elk River in Clendenin, West Virginia, the "Hardman Brothers Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

Com. Sub. for H. B. 4004, Relating to the use of a traffic law photo-monitoring device to detect traffic law 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. 78), and there were--yeas 88, nays 3, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Carmichael, Louisos and Trump.
Absent And Not Voting: Cann, Ennis, Ferrell, Fragale, Schadler, Staton, Thompson, Ron, Tucker and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub for H. B. 4004) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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; 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. 79), and there were--yeas 90, nays 1, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Schoen.
Absent And Not Voting: Cann, Ennis, Ferrell, Fragale, Schadler, Staton, Thompson, Ron, Tucker and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub for H. B. 4129) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4313, Relating to petitions of appeal of domestic violence emergency protective orders; 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. 80), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Ennis, Ferrell, Fragale, Schadler, Staton, Ron Thompson, Tucker and Wakim.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4313) 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

S. B. 539
, Relating to qualifications for Miners' Health, Safety and Training director; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Varner, and by unanimous consent, the bill (S. B. 539) was advanced to third reading and the rule was suspended to permit amendment thereof on third reading.
Leaves of Absence

At the request of Delegate Varner, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Ennis, Ferrell, Fragale, Schoen, Staton, Ron Thompson and Tucker.
At 10:36 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, February 13, 2006.