_________*__________




Tuesday, February 14, 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, February 13, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
* * * * * * * * * * * * * * * * * * * * * *

The House proceeded to take note of the presence at today's session of the Honorable Earl B. Hager, of the County of Logan, and, at 97 years of age, the oldest living former member of the House of Delegates.
Delegates Eldridge, Butcher and Hrutkay were requested by the Speaker to escort Mr. Hager to the Speaker's Podium, where he was presented with a citation by the House honoring his service to the State and his community and his county.
Mr. Hager thanked the Speaker and the members for the honor accorded him this day, reminisced briefly on his service as a member of the House from 1953 through 1972 and wished the members of the current House all the best in their endeavors for the remainder of this session.
At the conclusion of the presentation, Mr. Hager was escorted from the Chamber by the aforementioned Delegates, and the House stood in ovation.
Committee Reports

On motion for leave, a resolution was introduced (Originating in the Committee on Rules and reported with the recommendation that it be adopted), which was read by its title as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump:

H. R. 19 - "Amending House Rules 92a, 93, 94 and 94a of the Rules of the House of Delegates, relating to designation of House bills and resolutions by number only."
Resolved by the House of Delegates:
That Rules 92a, 93, 94 and 94a of the Rules of the House of Delegates be amended to read as follows:
Bill Carryover

92a. Any bill or joint resolution pending in the House at the time of sine die adjournment of the First Regular Session of a Legislature, or extended First Regular Session thereof, which has not been rejected, laid on the table or postponed indefinitely by the House, shall carry over in its original form to the Second Regular Session only at the request of the sponsor or cosponsors of the bill or resolution, such request to be made to the Clerk of the House not later than ten days prior to the commencement of the session.
After receiving notice from the first-named sponsor of his or her intent to carry over the bill, the Clerk of the House shall notify all cosponsors that the bill will be carried over. All cosponsors shall have ten days after the date of notice to notify the Clerk of the House that their names should be removed from the bill to be carried over.
Any such bill or joint resolution shall retain its original number and shall be deemed to be reintroduced on the first day of the Second Regular Session and shall, except as otherwise directed by the Speaker, be treated as referred to the committee or committees to which it was originally referred.
In the case of any House bill or joint resolution which has been passed or adopted by the House, such bill or resolution shall likewise be deemed to be reintroduced and referred, except as otherwise directed by the Speaker, to the committee or committees to which it was originally referred.
This rule shall not apply to any bill or joint resolution solely sponsored by a former member, to supplemental appropriation or budget bills, to bills which promulgate legislative rules, to bills which expire or continue state agencies pursuant to the West Virginia Sunset Law, to bills of a local nature, or to any bill or joint resolution introduced during any extraordinary session.
Bills to Be Presented in Quadruplicate
93. All bills for introduction shall be presented in quadruplicate bearing the name of the first- named sponsor and the name or names of all sponsors by whom they are to be introduced. The original copy shall constitute the official bill for use of committees and for the permanent files of the House, one copy shall be used for printing and copying, one for the use and accommodation of the news media, and one for the Clerk's office files.
Joint Sponsors of Bill
94. A bill may be introduced bearing the names of not more than eleven members as joint sponsors of the bill.
Introduction of Bills by Request
94a. A bill may be introduced by request. All bills introduced by request shall bear the words "by request," following the designation of the name or names of the bill sponsor or sponsors.
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. 36, Requesting the Division of Highways to name the bridge on US Route 33 spanning the Tygart River the "Michael 'Mikey' Hart Memorial Bridge",
And reports the same back with the recommendation that it be adopted.
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. 4300, Allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program for qualified inmates sentenced to a regional jail facility,
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. 4300) 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. 2235, Increasing salaries for magistrate clerks, magistrate assistants and magistrate deputy clerks,
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. 2235) 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. 4482, Providing for the filing of affidavits of heirship with deed records and to require that the estate be administered before the heirs can deed the property to someone else,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for 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,"
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. 4482) 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. 4120, Authorizing the termination of water service for delinquent sewer bills where the sewer service is provided by a Homeowners' Association,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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; providing for the termination of water service for delinquent sewer bills where sewer service is provided by a public utility that is owned and operated by a homeowners' association; and providing for the termination of water service for delinquent sewer bills where sewer service is provided by a privately owned public utility,"
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. 4272, Clarifying the language regarding requirements for a Class BG stamp,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with the same title, as follows:
Com. Sub. for H. B. 4272 - "A Bill to amend and reenact §20-2-42v of the Code of West Virginia, 1931, as amended, relating to clarifying the language regarding requirements for a Class BG stamp,"
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. 4272) will be placed on the Consent Calendar.

Resolutions Introduced

Delegates Campbell and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 51 - "Declaring Greenbrier Valley Theatre as the official State year-round professional theater of West Virginia."
Whereas, West Virginia does not have an official State professional theater; and
Whereas, Greenbrier Valley Theatre was incorporated as "Greenbrier Repertory Theatre" in 1967; and
Whereas, For the initial three years of operation, Greenbrier Repertory Theatre productions were performed in a tent alongside the Greenbrier River; and
Whereas, The theater name was changed from Greenbrier Repertory Theatre, Inc. to "Greenbrier Valley Theatre" in 1974; and
Whereas, In 2000 the theater was relocated to the renovated downtown Lewisburg Leggett's Department Store, which was converted into a state-of-the-art Black Box Theatre which included multi-purpose space for the local community; and
Whereas, The theater has operated since incorporation as a summer theater, and began operating as a year-round theater upon relocation in 2000; and
Whereas, Greenbrier Valley Theatre presents a mixture of contemporary, classical, musical and original plays and performances; and
Whereas, The theater is involved in all aspects of the arts and humanities; and
Whereas, Greenbrier Valley Theatre offers summer programs for children and an after school program for children during the school year; and
Whereas, The theater has established a production partnership with Greenbrier East High School; and
Whereas, Greenbrier Valley Theatre is an official partner of the Greenbrier County Board of Education; and
Whereas, The theater offers preprofessional intern and apprentice programs for high school and college students; and
Whereas, Greenbrier Valley Theatre maintains a partnership with the West Virginia University Department of Theatre to provide programs in the public schools; and
Whereas, The theater is a member of the Theater Communications Group, which is the National Theater Network; and
Whereas, Greenbrier Valley Theatre is the state's only year-round Equity Theater, which is the national theater union; and
Whereas, Greenbrier Valley Theatre offers a variety of classes, literary readings, special events performances, art appreciation activities, lectures, discussions and workshops; and
Whereas, Since the Greenbrier Valley Theatre began operating year-round, it has received two National Endowment for the Arts grants; and
Whereas, The National Endowment for the Arts grants were Direct Creativity Grants, which were awarded on the basis of newly commissioned and produced plays, both of which were historically significant to West Virginia; and
Whereas, The Greenbrier Valley Theatre is a treasured cultural institution for the citizens of Greenbrier county, which has a historic presence in Lewisburg and provides many valuable programs to the community; and
Whereas, For nearly forty years Greenbrier Valley Theatre has enjoyed the support of a loyal community whose nurturing has developed a vigorous, professional organization with a vision to become as a significant regional performing theater; and
Whereas, The State of West Virginia has yet to designate a State professional theater; therefore, be it
Resolved by the Legislature of West Virginia:
That Greenbrier Valley Theatre is hereby designated and declared the official State year- round professional theater of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor.
Delegate Doyle offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 52 - "Expressing the sense of the Legislature of the State of West Virginia that the United States federal government should enact legislation designating the 175 mile corridor along Route 15, the old Carolina Road, to include Harpers Ferry and Shepherdstown, as a National Heritage Area."
Whereas, Urban sprawl has encroached significantly on the important historical places and monuments located along the corridor from Gettysburg, Pennsylvania to Charlottesville, Virginia; and
Whereas, The heritage area designation will increase the chances of preserving the region's rural heritage, draw new tourism to the area and help market its numerous historic sites; and
Whereas, It is only fitting and proper that this corridor be preserved as a National Heritage Area and designated as the "Hallowed Ground" that President Lincoln reminded us of in his famous Gettysburg address; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States federal government should enact legislation designating the 175 mile corridor along U.S. Route 15, the old Carolina Road, to include Harpers Ferry and Shepherdstown, as a National Heritage Area; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the United States and West Virginia's congressional delegation.
Delegates Paxton and Martin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 53
- "Requesting the Division of Highways name the bridge located at mile Post 12.18 to 12.21 and located on Route 35 in the community of Red House, Putnam County, West Virginia, the Ross Booth Memorial Bridge."
Whereas, Ross Booth worked as a carpenter and helped build this bridge which was completed in 1957; and
Whereas, Mr. Booth worked and helped construct many bridges located in the western section of Interstate 64; and
Whereas, On one of the bridge construction sites on Interstate 64 Mr. Booth was injured and unable to work again, and it ended his career as a carpenter; and
Whereas, In his honor, his family and friends would like to see this bridge in Putnam County be named the Ross Booth Memorial Bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Route 35 in Red House, West Virginia, the "Ross Booth Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Ross Booth Memorial Bridge" on June 18, 2006, which would have been his 101st birthday; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, and the family of Ross Booth.
On motion for leave, Joint Resolutions were introduced, read by their titles and referred as follows:
By Delegate Carmichael:
H. J. R. 113 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof by adding thereto a new section, designated section three-a, relating to term limitations for legislators; 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.
By Delegates DeLong, Yost, R. Thompson, Perdue, Manchin, Martin, Walters, Caputo and Longstreth:

H. J. R. 114 - "Proposing an amendment to the Constitution of the State of West Virginia, amending sections 1, 2 and 17, article VII thereof, relating to making the Consumer Advocate an elected official; 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.
Delegates Boggs, Anderson, Armstead, Ashley, Azinger, Barker, Beach, Blair, Border, Campbell, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Duke, Eldridge, Ellem, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Howard, Hrutkay, Kominar, Lane, Leggett, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Paxton, Perdue, Perry, Pethtel, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stalnaker, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Wakim, Walters, G. White, H. White, Williams and Yost offered the following resolution, which was read by the Clerk as follows:
H. R. 18 - "Recognizing the public service of the AARP."
Whereas, Volunteering by sharing time and talent has been described as the art of caring and doing and makes a difference in the lives of others; and
Whereas, Many volunteers in West Virginia are members and volunteers of the AARP; and
AARP West Virginia is a nonprofit, nonpartisan membership organization representing nearly 300,000 West Virginians and 35 million individuals nationwide who are 50 years of age and older; and
Whereas, AARP is dedicated to enhancing quality of life, bringing positive social change and delivering value to members through information, advocacy and service; and
Whereas, With more than thirty local chapters, AARP West Virginia strengthens communities, neighborhood by neighborhood, each day in our State; and
Whereas, AARP members and chapters make a special effort to assist communities through group projects or individual acts of kindness for the homebound and others in need in the mountain State; therefore, be it
Resolved by the House of Delegates:
That the House hereby recognizes the public service of the AARP; and, be it
Further Resolved, That the House extends its sincere appreciation to AARP West Virginia for its many contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the appropriate representatives of AARP West Virginia.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 18) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, Delegate Staton demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 93), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Ennis, Ferrell, Schadler, Walters and G. White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 18) adopted.
Petitions

Delegates Evans, Schadler and Rowan presented a petition signed by one hundred seven residents of Elk Garden, Mineral County, requesting that Feathers Road be widened and blacktopped or tarred and chipped; which was referred to the Committee on Roads and Transportation.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Hunt, Spencer, Wells, Brown, Hatfield, Amores and Palumbo:
H. B. 4539
- "A Bill to ensure the safety of school children crossing the exceptionally dangerous intersections of U.S. Route 60 and Witchers Creek, Kanawha County and U.S. Route 60 at Diamond, Kanawha County, by requiring the division of highways to install traffic control signals at both locations"; to the Committee on Roads and Transportation then Finance.
By Delegates Campbell, Paxton, Williams, Perry, Poling, Spencer, Tabb, Wysong, Beach and Duke:

H. B. 4540
- "A Bill to amend and reenact §5A-3-4 of the Code of West Virginia, 1931, as amended, relating to the authorization of the purchase of personal computers and related devices from the state contract by public school teachers; conditions; and limitations"; to the Committee on Education then Finance.
By Delegate Carmichael (By Request):
H. B. 4541
- "A Bill to amend and reenact §48-7-107 of the Code of West Virginia, 1931, as amended, relating to providing for the automatic court-ordered transfer of title to marital property upon decree of divorce"; to the Committee on the Judiciary.
By Delegates Hunt and Browning:
H. B. 4542
- "A Bill to amend and reenact §17C-15-46 of the Code of West Virginia, 1931, as amended, relating to requiring the use of an appropriate child passenger restraint device for all children under the age of nine"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Tansill, Trump, Amores and Palumbo:
H. B. 4543
- "A Bill to amend and reenact §61-6-17 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for the crime of falsely reporting bomb or explosive threats; and providing that juveniles accused of making a false bomb threat report shall be treated as an adult"; to the Committee on the Judiciary.
By Delegates Campbell, Paxton, Williams, Poling, Tabb, Spencer, Perry, Wysong and Beach:

H. B. 4544 - "A Bill to amend and reenact §18A-3-3a of the Code of West Virginia, 1931, as amended, relating to reimbursement of teachers for courses completed toward certification renewal and additional endorsement; removing division between these areas of funds appropriated for reimbursements; and limiting the number of courses for which certain reimbursement may be paid per certain period, year and lifetime"; to the Committee on Education then Finance.
By Delegate Swartzmiller:
H. B. 4545 - "A Bill to amend and reenact §7-14D-2 and §7-14D-14 of the Code of West Virginia, 1931, as amended, all relating to redefining 'final average salary' under the Deputy Sheriff Retirement System from the average of the highest annual compensation received during any 'five consecutive plan years' to 'sixty consecutive months'; and, eliminating any reduction in the retirement benefit of a deputy sheriff who is disabled on the job"; to the Committee on Pensions and Retirement then Finance.
By Delegates Campbell, Paxton, Poling, Spencer, Williams, Tabb, Beach and Wysong:
H. B. 4546 - "A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended, relating to continuing additional compensation for holders of national board for professional teaching standards certification who are subsequently employed in principal and assistant principal positions"; to the Committee on Education then Finance.
By Delegates Campbell, Williams, Perry, Paxton, Tabb, Spencer, Wysong and Beach:
H. B. 4547
- "A Bill to amend and reenact §18-30-6 of the Code of West Virginia, 1931, as amended, relating to the Prepaid Tuition Trust Fund; increasing the funds available for transfer to the Prepaid Tuition Trust Escrow Fund in certain circumstances"; to the Committee on Education then Finance.
By Delegate Campbell, Paxton, Perry, Tabb and Beach:
H. B. 4548 - "A Bill to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as amended, relating to prohibiting sale or serving of soft drinks during school day in elementary, middle and junior high schools in areas accessible to students; prohibiting sale or serving of soft drinks during breakfast and lunch periods in high schools and requiring equally accessible healthy beverages if soft drinks are offered for sale at other times during school day; correcting references; and conforming disposition of profits from healthy beverage sales and prohibition of sales of competitive food and beverages during food service periods to federal program regulations"; to the Committee on Education.
By Delegates Stevens, Sobonya, Sumner, Tansill, Carmichael and Howard:
H. B. 4549 - "A Bill to amend and reenact §21-1B-5 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for employers that fail to verify workers' legal employment status"; to the Committee on the Judiciary.
By Delegates Amores and Mahan:
H. B. 4550
- "A Bill to amend and reenact §22-11-7b of the Code of West Virginia, 1931, as amended, relating to designation of streams as waters of special concern; and clarifying current law requiring legislative approval of final designation of streams of special concern"; to the Committee on the Judiciary.
By Delegates Marshall, Eldridge, Miley, Caputo, Manchin, DeLong, Webster, Brown and Carmichael:

H. B. 4551 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-2B-101, §46A-2B-102, §46A-2B-103, §46A-2B-104, §46A-2B-105 and §46A-2B-106, all relating to the unauthorized acquisition of data that compromises the security, confidentiality, or integrity of personal information maintained by the data collector; requiring notification to the consumer that there has been a breach of the security of information maintained on a consumer following discovery or notification of the breach; requiring certain actions by data collectors with respect to breach of security; prohibiting waiver of provisions; making violations an unconscionable act; providing civil penalties for violations; providing other remedies; and providing that the provisions of the article are severable under certain circumstances"; to the Committee on the Judiciary.
By Delegates Marshall and Beach:
H. B. 4552 - "A Bill to amend and reenact §8-27-12 of the Code of West Virginia, 1931, as amended, relating to designating urban mass transportation authorities as transportation coordinating bodies for their service areas; describing the coordinating responsibility; and addressing review of subordinate plans"; to the Committee on Roads and Transportation then Government Organization.
By Delegate Wakim:
H. B. 4553
- "A Bill to amend and reenact §61-2-8 of the Code of West Virginia, 1931, as amended, relating to criminalizing abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Campbell and Canterbury:
H. B. 4554
- "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to permitting magistrates to carry concealed handguns without a permit; "; to the Committee on the Judiciary
By Delegate Campbell (By Request):
H. B. 4555
- "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to providing a state income tax exemption to retired employees of other state jurisdictions if another state jurisdiction grants reciprocity"; to the Committee on Finance.
By Delegates Poling, Hamilton, Longstreth, Perry, Moore, Fragale, Stalnaker, Rick Thompson, Marshall, Butcher and Boggs:

H. B. 4556 - "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to the enforcement of accessible parking spaces for motorists with mobility impairments; requirements for designated spaces; and marking designated spaces as tow-away zones"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Williams:
H. B. 4557
- "A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to providing correctional officers may retire with full benefits after twenty years of actual and honorable service"; to the Committee on Pensions and Retirement then Finance.
By Delegate Michael:
H. B. 4558
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-54, relating to personal income tax; requiring certain tax preparers to file certain personal income tax returns of their clients electronically"; to the Committee on Finance.
By Delegates Wysong, Tabb, Williams, Stalnaker, Stephens, Overington, Duke, Doyle, Caputo, Webster and Blair:

H. B. 4559 - "A Bill to amend and reenact §15-2-29 and §15-2-33 of the Code of West Virginia, 1931, as amended, all relating to increasing the minimum annual disability benefits amount for a state police officer injured in performance of his or her duties from six thousand dollars to ten thousand dollars; and increasing the minimum annual death benefits amount for a surviving spouse of a deceased state police officer due to the performance of his or her duties from six thousand dollars to ten thousand dollars"; to the Committee on Pensions and Retirement then Finance.
By Delegate Louisos:
H. B. 4560 - "A Bill to repeal §18B-2-9 of the Code of West Virginia, 1931; as amended; to amend and reenact §18B-1-2 of said code; and to amend and reenact §18B-2A-1 of said code, all relating to removing West Virginia Institute of Technology from the merger with West Virginia University and returning it to its former status as a singular state institution of higher education"; to the Committee on Education then the Judiciary.
By Delegate Perry:
H. B. 4561
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f, relating to prohibiting coverage for abortions under insurance plans provided under the Public Employees Insurance Act"; to the Committee on Health and Human Resources then the Judiciary.
Unanimous consent having been obtained, Com. Sub. for H. B. 4022, on third reading, House Calendar, was taken up at this time and, on motion of Delegate Amores, was recommitted to the Committee on the Judiciary.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
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.
On the passage of the bills, the yeas and nays were taken (Roll No. 94), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Schadler and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2947, Com. Sub. for H. B. 4063, H. B. 4295 and H. B. 4307) 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

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. 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,
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,
Com. Sub. for H. B. 4447, Authorizing county boards of education to lease school buses for transportation associated with fairs, festivals and other educational and cultural events.
Special Calendar

Unfinished Business

H. R. 12, Declaring that the Engineering Program of the West Virginia University of Technology should remain in Montgomery; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
H. R. 14,Creating a Select Committee on Mine Safety Issues; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
H. C. R. 31, Requesting the Division of Highways to name a portion of Sago Road in Upshur County the "Coal Miner's Memorial Roadway"; coming up in regular order, as unfinished business, was reported by the Clerk.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 99), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Schadler and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 31) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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. 4105, Requiring persons who have judgments against them and their wages to notify the court of any change of job status or employer,
Com. Sub. for H. B. 4260, Requiring state board review of system of education performance audits,
And,
Com. Sub. for H. B. 4309, Relating to the collection of racial profiling data.
S. B. 539, Relating to qualifications for Miners' Health, Safety and Training director, still being in possession of the Clerk, was taken up for further consideration.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 100), and there were--yeas 71, nays 26, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Hall, Hamilton, Howard, Hrutkay, Lane, Leggett, Overington, Porter, Roberts, Romine, Rowan, Schoen, Sobonya, Stevens, Sumner, Tansill, Trump and Wakim.
Absent And Not Voting: Ferrell, Schadler and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 539) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Schadler and Walters.
Delegate Carmichael announced that he was absent on yesterday when the votes were taken on Roll Nos. 81, 88, 89 and 90, and that had he been present, he would have voted "Yea" thereon; and on Roll Nos. 91 and 92, he would have voted "Nay" thereon.
Delegate Spencer announced that she was also absent on yesterday when the votes were taken on Roll Nos. 81, 88, 89, 90, 91 and 92, and that had she been present, she would have voted "Yea" thereon.
Delegate Martin asked and obtained unanimous consent that the remarks of Delegate Caputo relating to Brick Street, the plight of the surviving widows of miners and the lack of benefits for them be printed in the Appendix to the Journal.
At 12:25 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 16, 2006.