__________*__________
Wednesday, February, 15, 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 14, 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. 49, Requesting the Division of Highways to name the bridge at the junction of
Route 65 and Route 49 in Matewan, the "Earl Stafford Memorial Bridge",
And,
H. C. R. 50, Requesting the Division of Highways to name the bridge on US Route 119 at
Miller's Creek, the "Arnold J. Starr Memorial Bridge",
And reports the same back with the recommendation that they each 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. 4193, Fire Commission, state building code,
And,
H. B. 4234, Veterinary medicine organization and operation,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that they each do pass, as amended, but that they first be referred to the Committee
on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4193 and H. B. 4234)
were each referred to the Committee on the Judiciary.
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. 4166, Real Estate Appraiser and Licensure and Certification Board,
H. B. 4167, State Police grievance procedure,
H. B. 4169, Veterinary Medicine, fee schedule,
H. B. 4222, Psychologists, licensure,
And,
H. B. 4235, Veterinary medicine, certified animal euthanasia,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4166, H. B. 4167, H.
B. 4169, H. B. 4222 and H. B. 4235) were each referred to the Committee on the Judiciary.
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. 4225, Real Estate Appraiser, licensure and certification,
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. 4225) 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. 4406, Removing the requirement to evaluate certain classroom teachers at least every
three years,
And reports the same back with the recommendation that it do pass.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 4398, Improving the capacity of county boards of education to provide school health
services,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on
Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4398) was referred
to the Committee on Finance.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 4018, Relating to the community corrections subcommittee of the Governor's
Committee on Crime, Delinquency and Corrections,
H. B. 4075, Relating to the dedication of moneys to the Regional Jail Partial Reimbursement
Fund,
And,
H. B. 4479, Relating to Manufactured Housing Construction and Safety Standards,
And reports the same back with the recommendation that they each do pass.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2548, The Diabetes Care Plan Act,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2548 - "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 and §18-2K-4, all
relating to establishment of individual diabetes care plans for students with diabetes by county
boards of education; requiring the State Board of Education to adopt guidelines for the development
and implementation of individual diabetes care plans on or before the first day of January, two
thousand seven; requiring each county board of education to adopt a diabetes care plan meeting the
guidelines for diabetes care plans adopted by the State Board of Education; requiring the State Board
of Education to report to the Legislature regarding adoption of the guidelines and the establishment
and implementation of diabetes care plans by county boards of education,"
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. 2548) will be placed on the
Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 4341, Requiring that instructional support and enhancement days are held twice before December thirty-first, and three times after January first of the instructional term,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, and with the recommendation that second reference
of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 4341) to the Committee on Finance
was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 4341) will be placed on the Consent
Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 3258, Permitting the sale of nonintoxicating beer within a certain distance from a
church that consents to the sale,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3258 -"A Bill to amend and reenact §11-16-8 of the Code of West
Virginia, 1931, as amended, relating to permitting the sale of nonintoxicating beer within a certain
distance from a church that consents to the sale,"
With the recommendation that the committee substitute do pass.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 4243, Relating to salvage certificates for certain wrecked vehicles,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4243 - "A Bill to amend and reenact §17A-4-10 of the Code of West
Virginia, 1931, as amended, relating to salvage certificates for certain wrecked vehicles; changing the threshold by which a vehicle is determined to be totaled; clarifying that insurance companies
must obtain the title to a totaled vehicle when they pay a claim to an insured or claimant, as a
condition of payment; providing that the cost of airbag replacement is not to be considered when
calculating the cost of repair for the purposes of determining whether the vehicle is totaled;
providing that nothing in subsection (a) of the section shall be construed to limit the ability of any
party to a claim for damages to a motor vehicle to settle the claim by arbitration or negotiation;
clarifying that insurers shall, within 10 days, determine if the vehicle is repairable, cosmetically
damaged or nonrepairable and submit an application on a form prescribed by the commissioner;
providing that only a wrecker/dismantler/rebuilder that is licensed by the division of motor vehicles
is exempt from the payment of the five percent privilege tax on titling reconstructed vehicles,"
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. 4458, Relating to the sale of bulk data in electronic format from the Uniform
Commercial Code and Corporation Data Bases,
And reports the same back with the recommendation that it 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. 4481, Establishing a permissive provision for using ballot-scanning devices for
election night tabulations,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for 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,"
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. 4481) 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. 4483, Prohibiting the use of a fictitious name in the conduct of business with intent
to misrepresent the geographic origin or location of the business as an Unfair Trade Practice,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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; 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,"
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. 4550, Clarifying current law requiring legislative approval of final designation of
streams of special concern,
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. 4550) 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. 4073, Establishing the crime of trafficking of persons,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4073 - "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; definitions; involuntary servitude offenses; sexual servitude of a minor;
trafficking of persons for forced labor or services; sentencing enhancements; and requiring
restitution,"
And,
H. B. 4291, Providing the same protection and safeguards to all children who have been
subjected to aggravated circumstances of neglect and abuse including the children of blended
families,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4291 - "A Bill to amend and reenact §49-6-3 and §49-6-5 of the Code
of West Virginia, 1931, as amended, relating to child abuse and neglect; considering aggravating
circumstances of abuse, neglect or violent acts of parent in temporary custody determinations when
such acts are committed against other children in the household or under the parent's care or
custody; considering aggravating circumstances of abuse, neglect or violent acts of the parent in
permanent custody determinations when such acts are committed against other children in the
household or under the parent's care or custody; and relating to the department's obligation to attempt to preserve the family when such aggravating circumstances exist,"
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. 4073 and Com. Sub. for H.
B.4291) will be placed on the Consent Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2006,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 473 - "A Bill to amend and reenact §17C-5-3 of the Code of West
Virginia, 1931, as amended, relating to creating the criminal offense of reckless driving causing
serious bodily injury; defining serious bodily injury; and penalties"; which was referred to the
Committee on the Judiciary.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegate Trump (By Request of the Executive) offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 54 - "Providing for an authorization of the West Virginia Water Development
Authority to issue bonds and notes in excess of four hundred million dollars."
Whereas, The West Virginia Water Development Authority was created to and continues
to provide loan financing and other assistance to governmental entities for the acquisition,
construction and improvements for drinking water and wastewater systems; and
Whereas, The West Virginia Water Development Authority issues bonds to the public
market and secures those bonds with the repayments from the loans made to governmental entities;
and
Whereas, As of January 1, 2006, the West Virginia Water Development Authority
anticipated having $352,695,000 in bonds outstanding; and
Whereas, The West Virginia Infrastructure and Jobs Development Council has adopted a
resolution requesting the West Virginia Water Development Authority to issue up to forty-five
million dollars in bonds before June 30, 2006, the West Virginia Water Development Authority has
project funding requirements pending that will require approximately ten million dollars in bond
proceeds within the next year; and
Whereas, To meet the needs for the acquisition, construction and improving of water and
sewer projects, the West Virginia Water Development Authority must issue bonds in excess of the
four hundred million dollar funding cap; and
Whereas, West Virginia Code section twenty-seven, article one, chapter twenty-two-c
requires the Legislature to pass a resolution authorizing the West Virginia Water Development
Authority to issue bonds and notes in excess of four hundred million dollars; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the West Virginia Water Development Authority to
issue bonds and notes in excess of four hundred million dollars, not to exceed five hundred million
dollars, as provided in West Virginia Code section twenty-seven, article one, chapter twenty-two-c.
Delegate Pethtel offered the following resolution, which was read by the Clerk as follows:
H. R. 20 - "Commemorating and celebrating the life of Robert L. Jones, Sr., husband, father,
grandfather, businessman, pathfinder, artisan and public servant."
Whereas, Robert L. "Bob" Jones, Sr. was born on March 27, 1929 in Wheeling, W. Va. to
the late Thelma Odessa Turner and Edmund L. Jones; and
Whereas, Mr. Jones was married to Mary Lou Holler in 1950 who survives him in death;
and
Whereas, He was the proud father of six children: Robert L. Jones, Jr, of Wheeling;
Thomas E. Jones of Morgantown; Keith Jones of Wheeling; Donald L. Jones, of New Martinsville;
Richard T. Jones of Columbus, Ohio and Judianne Jones Lange of Scottsdale, Arizona; and.
Whereas, Mr. Jones was also the proud grandfather of 14 grandchildren and two step-grandchildren: Rob, Ian, Olivia and Patrick Jones, of Wheeling; Jana Jones Renner of Orlando, Fla.;
Brian, Jessica and Daniel Jones, of Morgantown; Chris and Steve Jones, of New Martinsville;
Caitlin Jones, of St. Clairsville; Griffin, Rys and Kendall Jones, of Columbus, Ohio and Ashley
Lange of Aberdeen, Scotland and Jeffrey Lange of Wilmington, Delaware; and
Whereas, He was educated at the Linsly Military School in Wheeling at Bowling Green
University in Bowling Green, Ohio where he obtained a bachelors degree in chemistry; and
Whereas, Mr. Jones began his service to his community by returning to Wheeling where
he taught mathematics at St. John's Central Catholic School and started his own television repair
business and served his community through participation in the Boy Scouts of America, Jaycees,
Junior Achievement and the Knights of Columbus (4th degree); and
Whereas, He later moved to New Martinsville to accept an assignment as a bench chemist
with the then new Monsanto-Bayer joint venture, Mobay (now Bayer). It was with Bayer that Mr.
Jones rose in the ranks to production supervisor, quality superintendent and purchasing manager;
and
Whereas, A man of action, Mr. Jones, tried his hand at politics in 1984 in a successful
attempt to a seat on the House of Delegates. Two years later, Jones broke new ground in becoming
the first ever Republican re-elected to the House from Wetzel County. In 1988, he chose not to seek
a third term saying wryly, "I left politics due to illness...the voters got sick of me"; and
Whereas, He chose to remain in public life by serving in various leadership roles within
the state GOP including chairman of the Wetzel County Republican Party. Both inside and outside
his leadership roles with the GOP, Mr. Jones made his beliefs know though radio commentaries and
opinion/editorial pieces in newspapers in Wheeling, Parkersburg and Charleston; and
Whereas, Mr. Jones was also vocal in his support for non-partisan projects in his
community. He was a part of such groups as Head Start, the Wetzel County Courthouse Building
Commission and the Rt. 68 Committee; and
Whereas, He continued to live an active life though participation in the arts. Among Mr. Jones' endeavors were creation of basket-work and unique ceramic glazes for hand-thrown pottery
which were displayed in such places as London, England. His talents were also expressed in the
performing arts by participation with the Meistersingers and Bayertones and the Parlor City Player;
and
Whereas, Mr. Jones' commitment to his community ended with his death on April 18, 2005
after a long fight with cancer; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby memorializes and celebrates the life of Robert L. Jones,
Sr., and gratefully acknowledges his distinguished and dedicated career as a public servant to his
country and beloved state; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this
resolution for his surviving family members.
At the request of Delegate Staton, and by unanimous consent, reference of the resolution (H.
R. 20) to a committee was dispensed with, and it was taken up for immediate consideration and
adopted.
Motions
Delegate Armstead submitted a written motion, which was read by the Clerk as follows:
Delegate Armstead. In accordance with the provisions of House Rule 82, I move that the
Committee on Constitutional Revision be discharged from consideration of House Joint Resolution
106, relating to the Marriage Protection Amendment, and that it be taken up for immediate
consideration.
The Speaker stated that he was compelled to divide the motion into its two component parts,
inasmuch as they constituted different vote requirements for adoption.
The first portion of the divided motion related to the discharge of the Committee from further
consideration of H. J. R. 106, and required a vote of a majority of those present for adoption.
The second portion of the divided motion related to taking up the resolution for immediate
consideration, which, under the rules, required a vote of two thirds of those present for adoption, inasmuch as it was tantamount to a suspension of the authority granted the Committee on Rules to
arrange a Special Calendar, as well as a suspension of House Rules 110 and 80.
The Speaker then put the question on the first portion of the divided motion, that being the
question of discharging the Committee from further consideration of H. J. R. 106.
Debate then ensued on the pending motion, and following the remarks of numerous members
of the House, Delegate Blair arose to a point of order for the use of a certain word by Delegate
Webster.
The Speaker replied that he had consulted with the Clerk and the point of order was not made
in a timely manner, since other members had spoken after the excepted to word used by Delegate
Webster.
Delegate Hall then arose to a point of parliamentary inquiry regarding the status of the
resolution should the motion to discharge prevail and the motion for immediate consideration fail.
The Speaker replied that H. J. R. 106 had an original double reference and, should the motion
to discharge the Committee on Constitutional Revision prevail and a subsequent motion for
immediate consideration fail, the resolution would then automatically be referred to the second
committee, the Judiciary, under the provisions of House Rule 80.
Debate then ensued on the pending question before the House, the motion to discharge the
Committee on Constitutional Revision from further consideration of H. J. R. 106.
At the conclusion of debate, Delegate Armstead demanded the yeas and nays, which demand
was sustained.
The roll was then taken (Roll No. 101), and there were--yeas 35, nays 63, absent and not
voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke,
Ellem, Evans, Frederick, Frich, Hall, Hamilton, Howard, Lane, Leggett, Louisos, Miley, Overington,
Porter, Roberts, Romine, Rowan, Schoen, Sobonya, Stephens, Stevens, Sumner, Tansill, Trump,
Wakim, Walters and G. White.
Absent and Not Voting: Ferrell and Schadler.
So, a majority of the members present voting not having voted in the affirmative, the motion
to discharge the Committee on Constitutional Revision did not prevail.
Therefore, the second portion of the divided motion was not considered.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Beane, Ennis, Varner, Pethtel and Walters:
H. B. 4562 - "A Bill to amend and reenact §30-6-12 of the Code of West Virginia, 1931, as
amended, relating to prescribing certain requirements for a license to practice embalming and
funeral directing"; to the Committee on Government Organization.
By Delegates Ashley and Trump:
H. B. 4563 - "A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931,
as amended, relating to excise taxes levied on motor fuel"; to the Committee on Finance.
By Delegates Paxton and Martin:
H. B. 4564 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931,
as amended, relating to providing a one hundred dollar per month salary increase for all school
service personnel"; to the Committee on Education then Finance.
By Delegates Beane, Ennis, Talbott and G. White:
H. B. 4565 - "A Bill to repeal §16-5-12a, §16-5-12b, §16-5-18a and §16-5-18b of the Code
of West Virginia, 1931, as amended; to amend and reenact §16-5-1, §16-5-2, §16-5-3, §16-5-4, §16-
5-5, §16-5-6, §16-5-7, §16-5-8, §16-5-9, §16-5-10, §16-5-11, §16-5-12, §16-5-13, §16-5-14, §16-5-
15, §16-5-§16, §16-5-17, §16-5-18, §16-5-19, §16-5-20, §16-5-21, §16-5-22, §16-5-23, §16-5-24,
§16-5-25, §16-5-26, §16-5-27, §16-5-28, §16-5-29, §16-5-30, §16-5-31, §16-5-32, §16-5-33, §16-5-
34, §16-5-35 and §16-5-36 of said article; and to amend said article by adding thereto two new
sections, designated §16-5-37 and §16-5-38, all relating to definitions; establishment of section of vital statistics in Bureau for Public Health; Department of Health and Human Resources to propose
legislative rules; appointment of State Registrar of Vital Statistics; powers and duties of State
Registrar; registration districts; appointment and removal of local registrars, deputy local registrars;
duties of local registrars, deputy registrars; content of certificates and reports; birth registration and
rescission of paternity; registration of infants and minors with specified birth defects; notation on
birth records of missing children; infants of unknown parentage, foundling registration; delayed
registration of births; judicial procedure to establish facts of birth; certificates of adoption; court
reports of determination of paternity; certificates of birth following legitimation, paternity
acknowledgment and court determination of paternity; death registration; delayed registration of
death; reports of fetal death; reports of induced terminations of pregnancy; authorization for
disposition and disinterment and reinterment permits; extension of time for filing certificates, reports
and authorizations; correction and amendment of vital records; reproduction and preservation of
records; disclosure of information from vital records or vital reports; copies from the system of vital
statistics; fees for copies and searches; persons required to keep records; duty to furnish information
relative to vital events; matching of birth and death certificates; limitation on use of social security
numbers; uniform system of registration of marriage, divorce and annulment of marriage;
registration of marriages; registration of divorces and annulments of marriages; applicability to
previously received certificates and reports; penalties"; to the Committee on Government
Organization then Finance.
By Delegate Lane:
H. B. 4566 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §7-5B-1, §7-5B-2, §7-5B-3, §7-5B-4, §7-5B-5, §7-5B-6 and
§7-5B-7; to amend said code by adding thereto a new article, designated §8-13D-1, §8-13D-2,
§8-13D-3, §8-13D-4, §8-13D-5, §8-13D-6 and §8-13D-7; to amend said code by adding thereto a
new section, designated §11-1C-1c; to amend said code by adding thereto a new section, designated
§11-5-15; to amend and reenact §11-6-13, §11-6-14, §11-6-15, §11-6-18, §11-6-19, §11-6-20, §11-6-21, §11-6-22 and §11-6-23 of said code; to amend said code by adding thereto a new section,
designated §11-6D-9; to amend said code by adding thereto a new section, designated §11-6F-7; to
amend said code by adding thereto four new sections, designated §11-8-1a, §11-8-2a, §11-8-3a and
§11-8-23a; to amend and reenact §11-8-4, §11-8-5, §11-8-6, §11-8-6a, §11-8-6b, §11-8-6c,
§11-8-6d, §11-8-6e, §11-8-6f, §11-8-12, §11-8-12a, §11-8-13, §11-8-16, §11-8-17 and §11-8-24 of
said code; to amend and reenact §11-9-2 of said code; to amend and reenact §11-10-3 of said code;
to amend said code by adding thereto a new section, designated §11-10-11b; to amend and reenact
§11-12-1, §11-12-26 and §11-12-75 of said code; to amend and reenact §11-13-2e and §11-13-2o
of said code; to amend and reenact §11-13A-2, §11-13A-3 and §11-13A-20a of said code; to amend
and reenact §11-13B-3 of said code; to amend said code by adding thereto a new section, designated
§11-13B-19; to amend said code by adding thereto a new section, designated §11-13C-17; to amend
said code by adding thereto a new section, designated §11-13D-11; to amend said code by adding
thereto a new section, designated §11-13E-8; to amend said code by adding thereto a new section,
designated §11-13F-6; to amend said code by adding thereto a new section, designated §11-13G-6;
to amend said code by adding thereto a new section, designated §11-13J-13; to amend said code by
adding thereto a new section, designated §11-13K-7; to amend said code by adding thereto a new
section, designated §11-13N-13; to amend said code by adding thereto a new section, designated
§11-13Q-22; to amend said code by adding thereto a new section, designated §11-13R-13; to amend
said code by adding thereto a new section, designated §11-13S-11; to amend and reenact §11-15-9
of said code; to amend said code by adding thereto a new section, designated §11-15-34; to amend
said code by adding thereto a new section, designated §11-15A-30; to amend said code by adding
thereto a new article, designated §11-15C-1, §11-15C-2, §11-15C-3, §11-15C-4, §11-15C-5,
§11-15C-6, §11-15C-7, §11-15C-8, §11-15C-9, §11-15C-10, §11-15C-11, §11-15C-12, §11-15C-13,
§11-15C-14, §11-15C-15, §11-15C-16, §11-15C-17, §11-15C-18, §11-15C-19, §11-15C-20,
§11-15C-21, §11-15C-22, §11-15C-23, §11-15C-24, §11-15C-25 and §11-15C-26; to amend said
code by adding thereto a new section, designated §11-19-13; to amend said code by adding thereto two new sections, designated §11-21-8i and §11-21-96; to amend said code by adding thereto a new
article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6,
§11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13,
§11-21A-14, §11-21A-15, §11-21A-16, §11-21A-17, §11-21A-18, §11-21A-19, §11-21A-30,
§11-21A-31, §11-21A-32, §11-21A-33, §11-21A-34, §11-21A-35, §11-21A-36, §11-21A-37,
§11-21A-38, §11-21A-51, §11-21A-52, §11-21A-53, §11-21A-54, §11-21A-55, §11-21A-56,
§11-21A-57, §11-21A-58, §11-21A-59, §11-21A-60, §11-21A-61, §11-21A-71, §11-21A-72,
§11-21A-73, §11-21A-74, §11-21A-75, §11-21A-76, §11-21A-77, §11-21A-78, §11-21A-79,
§11-21A-80 and §11-21A-81; to amend said code by adding thereto a new section, designated
§11-23-29; to amend said code by adding thereto two new sections, designated §11-24-23h and
§11-24-43; to amend said code by adding thereto a new section, designated §11-27-37; to amend
said code by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4,
§11-28-5, §11-28-6, §11-28-7, §11-28-8, §11-28-9, §11-28-10, §11-28-11, §11-28-12, §11-28-13,
§11-28-14, §11-28-15, §11-28-16, §11-28-17, §11-28-18, §11-28-19, §11-28-20 and §11-28-21; and
to amend said code by adding thereto a new section, designated §17A-3-4a, all relating generally
to the comprehensive reform of the State's tax laws; granting county governments more flexibility
in raising revenues; granting municipalities more flexibility in raising revenues; providing for the
phase-out of ad valorem taxation of tangible personal property; allocating the revenues from ad
valorem taxation of the property of public service businesses exclusively to the state; prospectively
terminating the alternate-fuel motor vehicle tax credit; prospectively terminating the special method
for appraising qualified capital additions to manufacturing facilities; revising the allocation of the
authority to lay levies of ad valorem property taxes; extending the applicability of the tax crimes and
penalties act to general excise tax, progressive income tax and business activities and profits tax;
extending the applicability of the tax procedure and administration act to general excise tax,
progressive income tax and business activities and profits tax; increasing the rate of tax on
corporations with substantial land holdings and providing a credit against tax for severance taxes paid; phasing out business and occupation tax on the business of gas storage; phasing down the rate
of business and occupation tax on the business of generating or selling electricity; terminating the
imposition of tax on certain health care services; phasing out telecommunications tax; prospectively
terminating the credits for business investment and jobs expansion, industrial expansion and
revitalization, research and development, certain housing development, management information
services facilities, facilities producing coal-based liquids, aerospace facilities and coal-loading
facilities; eliminating the consumer sales tax on food consumed off the premises; reducing electric
and natural gas utility rates for low-income customers; reducing telephone utility rates for
low-income residential customers, neighbor investment and agricultural equipment; prospectively
terminating the economic opportunity, strategic research and manufacturing investment tax credits;
preserving the economic benefit of all terminated credits for taxpayers who gained entitlement to
such credits prior to their termination; terminating consumers sales and service tax and use tax;
imposing general excise tax; terminating soft drinks tax; terminating personal income tax; imposing
progressive income tax; terminating business franchise tax; terminating corporation net income tax;
phasing out health care provider tax; imposing business activities and profits tax; terminating motor
vehicle title privilege tax; and providing an effective date of all such enactments based on the voters'
ratification of the fair taxation amendment to the Constitution of West Virginia"; to the Committee
on the Judiciary then Finance.
By Delegates H. White and G. White:
H. B. 4567 - "A Bill to amend and reenact §32A-3-1 and §32A-3-3 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated
§32A-4-1, §32A-4-2, §32A-4-3, §32A-4-4, §32A-4-5, §32A-4-6, §32A-4-7, §32A-4-7a, §32A-4-8,
§32A-4-9, §32A-4-10, §32A-4-11, §32A-4-12, §32A-4-13, §32A-4-14, §32A-4-15, §32A-4-16,
§32A-4-17, §32A-4-18, §32A-4-19, §32A-4-20, §32A-4-21, §32A-4-22, §32A-4-23, §32A-4-24,
§32A-4-25, §32A-4-26, §32A-4-27, §32A-4-28, §32A-4-29 and §32A-4-30, all relating to regulating
deferred deposit loans by establishing the Deferred Deposit Loan Act"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Ellem:
H. B. 4568 - "A Bill to amend and reenact §62-1C-17c of the Code of West Virginia, 1931,
as amended, relating to conditions of bond for defendants in cases of crimes between family or
household members generally; and setting forth certain specific statutory conditions in lieu of
allowing the issuing authority to set conditions of bail"; to the Committee on the Judiciary.
By Delegates Miley, Fragale, Iaquinta and Cann:
H. B. 4569 - "A Bill extending the time for the county commission of Harrison 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 the excess levy for bus services in Harrison County from
between the seventh and twenty-eighth days of March until the first Thursday in June, two thousand
six"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Stemple, Kominar, Michael, Stalnaker, Mahan, Varner, Hrutkay, Cann,
Williams, Perry and Browning
H. B. 4570 - "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 and §61-2A-4, all relating to the
justifiable use of force, including deadly force, in the protection of persons and property"; to the
Committee on the Judiciary.
By Delegates Miley, Cann, Fragale and Iaquinta:
H. B. 4571 - "A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as
amended, relating to requiring prosecutors or assistant prosecutors that desire to carry a concealed
weapon to undergo annual training consistent with the Federal Law-Enforcement Safety Act"; to
the Committee on the Judiciary.
By Delegates Duke, Tabb, Wakim, Trump, Doyle, Wysong, Overington, Blair, Rowan,
Hamilton and Roberts:
H. B. 4572 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to providing a housing supplement for members
of the State Police"; to the Committee on Finance.
By Delegates Duke, Wakim, Trump, Overington, Doyle, Blair, Rowan, Roberts,
Wysong and Tabb:
H. B. 4573 - "A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931,
as amended, relating to salaries for teachers and school service personnel; adopting state minimum
salary schedules for teachers; providing for incremental salary increases for teachers; and providing
minimum pay grade scales for school service personnel"; to the Committee on Education then
Finance.
By Delegate Lane:
H. B. 4574 - "A Bill to amend and reenact §7-14D-7, §7-14D-11 and §7-14D-12 of the Code
of West Virginia, 1931, as amended, all relating to increasing deputy sheriffs' pension benefit by
one-half of one percent, while increasing the employer contribution by one percent"; to the
Committee on Pensions and Retirement then Finance.
By Delegate Susman:
H. B. 4575 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2F-8a, relating to requiring facilities providing abortions to
obtain parental notification or consent in writing by the parent or by a notarized parental notification
or consent form; and providing penalties"; to the Committee on Health and Human Resources then
the Judiciary.
By Delegates Williams and Tabb:
H. B. 4576 - "A Bill to amend and reenact §19-2E-3 of the Code of West Virginia, 1931,
as amended; to amend and reenact §19-9-1 of said code; and to amend and reenact §19-20-14 of said
code, all relating to the definition of domestic animals and livestock"; to the Committee on
Agriculture and Natural Resources then the Judiciary.
By Delegate Michael:
H. B. 4577 - "A Bill to amend and reenact §38-10C-2 of the Code of West Virginia, 1931,
as amended, relating to tax liens; allowing facsimile signatures while eliminating the requirement
for notarization of notices of tax liens and releases of tax liens when facsimile signatures are used;
and, making technical changes to the requirements of recordation and release of tax liens"; to the
Committee on the Judiciary.
By Delegates Perry, Pino, Beach, Long, Williams, Crosier, Sumner, Paxton, Campbell
and Duke:
H. B. 4578 - "A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931,
as amended, relating to extending expiration date of provisions permitting retired teachers to accept
employment as substitutes in areas of critical need and shortage for an unlimited number of days
without affecting retirement benefits"; to the Committee on Education.
By Delegate Susman:
H. B. 4579 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2J-1, relating to requiring daily supervision of facilities that
perform three or more abortion procedures in a calendar year; providing for the closure of
noncomplying facilities; and providing a civil fine for violations"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegate Michael:
H. B. 4580 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-10-11b, relating to creation of a fund in the State Treasury;
designating the fund as the 'special district excise tax administration fund', and authorizing
expenditure of the fund for designated purposes"; to the Committee on Finance.
By Delegates Long, Frederick, Porter and Moore:
H. B. 4581 - "A Bill to amend and reenact §17-16A-11 of the Code of West Virginia, 1931,
as amended, relating to authorization and issuance of bonds"; to the Committee on Government
Organization then Finance.
By Delegates Wakim, G. White, Boggs and Butcher:
H. B. 4582 - "A Bill to amend and reenact §17-2A-19 of the Code of West Virginia, 1931,
as amended, relating to leasing of property held by the Division of Highways; allowing the
Commissioner of the Division of Highways to lease certain property owned by the division to
organizations qualified under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,
which owns property abutting or which is in close proximity to the property to be leased, for less
than the fair market value"; to the Committee on Government Organization.
By Delegates Barker, Hrutkay, Marshall, Hatfield, Moore and Susman:
H. B. 4583 - "A Bill to amend and reenact §22-3-13 of the Code of West Virginia, 1931, as
amended, relating to prohibiting any permits authorizing the construction, enlargement, or
modification of any coal mine waste; prohibiting any new permits for disposal of coal mine waste
by injecting it into underground mines; and to require a study of existing coal mine waste piles"; 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. 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.
On the passage of the bills, the yeas and nays were taken (Roll No. 102), and there
were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bills (Com. Sub for H. B. 4072, H. B. 4355 and Com. Sub. for H. B. 4447)
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.
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. 4272, Clarifying the language regarding requirements for a Class BG
stamp,
And,
Com. Sub. for 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.
Special Calendar
Unfinished Business
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"; 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. 4105, Requiring persons who have judgments against them and their
wages to notify the court of any change of job status or 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. 106),
and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Ellem, Louisos and Rick Thompson.
Absent And Not Voting: Ferrell and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub for H. B. 4105) 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. 4260, Requiring state board review of system of education performance
audits; 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. 107),
and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Fragale, Lane and Sobonya.
Absent And Not Voting: Boggs, Ferrell and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub for H. B. 4260) 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. 4309, Relating to the collection of racial profiling data; 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. 108),
and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Howard and Overington.
Absent And Not Voting: Ellem, Ferrell and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4309) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
Com. Sub. for H. B. 4120, Authorizing the termination of water service for delinquent
sewer bills where the sewer service is provided by a Homeowners' Association; on first reading,
coming up in regular order, was read a first time and ordered to second reading:
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell and Schadler.
Delegate Staton asked and obtained unanimous consent that the remarks of all members
regarding the motion to discharge the Committee on Constitutional Revision from further
consideration of H. J. R. 106 be printed in the Appendix to the Journal.
At 1:21 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 16,
2006.