hdj2006-2-23-44

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Thursday, February 23, 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 Wednesday, February 22, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 244, Relating to state-chartered banks' investment limitations,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 244) to the Committee on the Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 244) will be placed on the Consent Calendar.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4679, Relating to qualified charitable gift annuities,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4679) to the Committee on the Judiciary 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. 4679) will be placed on the Consent Calendar.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4379, Relating to insurance coverage for mammograms, pap smears and human papillmovavirus,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4379) was 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. 4565, Establishing section of vital statistics in Bureau for Public Health,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 vital statistics; defining terms; establishing section of vital statistics in Bureau for Public Health; authorizing the Department of Health and Human Resources to propose legislative rules; authorizing the appointment of a State Registrar; delineating duties and powers of State Registrar; authorizing registration districts; authorizing appointment and removal of local registrars and deputy local registrars; delineating duties of local registrars and deputy local registrars; authorizing State Registrar to approve document forms; requiring the filing of certificates of birth; establishing criteria for paternity to be indicated on birth certificate; allowing for amendment of birth records; requiring the reporting of specified birth defects; requiring notations of missing children on birth records; requiring reporting of infants of unknown parentage; providing for delayed registration of births; providing for establishment of facts of birth through judicial procedure; requiring courts to report adoptions, annulments of adoptions or amendments of orders of adoptions; requiring courts to report paternity determinations; providing for new birth certificates following adoption, legitimation, or paternity acknowledgment or determination; requiring reporting of death, fetal death and induced termination of pregnancy; providing for delayed registration of death; authorizing disposition, disinterment and reinterment permits; authorizing corrections and amendments to vital records; authorizing reproduction and disposal of vital records; providing for disclosure of information for research purposes; providing for issuance of certified copies of vital records; authorizing fees for copies and record searches; setting forth duties to keep records and furnish vital information; authorizing registrar to match birth and death records; limiting use of social security numbers; authorizing the establishment of system of registering records of marriage, divorce and annulment; requiring reporting of marriages, divorces and annulments; and providing criminal penalties for violations,"
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. 4565) to the Committee on Finance was abrogated.
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 270, Continuing Board of Banking and Financial Institutions; membership qualifications,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.
In the absence of objection, reference of the bill (S. B. 270) to the Committee on Government Organization was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (S. B. 270) will be placed on the Consent Calendar.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4469, Providing the Natural Resources Commission authority to promulgate rules to permit and regulate the hunting of white-tail deer in state parks,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4469 - "A Bill to amend and reenact §20-5-2 of the Code of West Virginia, 1931, as amended, relating to the administration of state parks; providing the Natural Resources Commission authority to promulgate rules to permit and regulate the hunting of white-tail deer in state parks; providing that interest on investment of parks operational revenue is to be used exclusively for benefit of the state parks and public recreation system; and allowing certain designated parks to raise the minimum bank deposit from two hundred fifty dollars to five hundred dollars,"
With the recommendation that the committee substitute do pass, and with the recommendation that the second reference of the bill to the Committee on Finance be dispensed with.
The Speaker referred the foregoing bill to the Committee on the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4477, Providing penalties for negligently or carelessly wounding or killing a person while hunting under the influence of alcohol or drugs,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4477) was referred to the Committee on the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4487, Allowing an individual, who is at least sixteen years of age, to be in the vehicle to assist the Class Q permittee,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4487) to the Committee on the Judiciary 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. 4487) will be placed on the Consent Calendar.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture an Natural Resources has had under consideration:
H. B. 4444, Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4444 - "A Bill to amend and reenact §19-1A-3a of the Code of West Virginia, 1931, as amended, relating to permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Education be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4444) to the Committee on Education 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. 4444) will be placed on the Consent Calendar.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4678, Exempting land-based finfish aquaculture facilities from certain sludge management requirements,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4678) was referred to the Committee on the Judiciary.
Chairman Proudfoot, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4455, Prohibiting any person who deals in children's products from remanufacturing, retrofitting, selling, contracting to sell or otherwise placing in the stream of commerce, unsafe children's products,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, 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. 4455) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4654, Relating to the West Virginia Retiree Health Benefit Trust Fund,
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. 4654) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4685, Arthritis Prevention Education Act,
And reports the same back, 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. 4685) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4569, Extending the time for the county commission of Harrison County, West Virginia, to meet as a levying body,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4569) to the Committee on the Judiciary was abrogated.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 183, Creating certain special license plates,
And reports the same back, 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 (S. B. 183) to the Committee on Finance was abrogated.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2853, Relating to the West Virginia Courtesy Patrol Program,
And reports the same back, 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. 2853) was referred to the Committee on Finance.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4089, Establishing a new license plate that designates city or municipality law-enforcement departments; specifying the design and one time fee,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it 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 (H. B. 4089) 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. 4089) will be placed on the Consent Calendar.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4524, Authorizing the Division of Motor Vehicles to issue an identification card to West Virginia residents who already possess a valid driver's license,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass, and with the recommendation that reference to the Committee on Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4524) to the Committee on the Judiciary 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. 4524) will be placed on the Consent Calendar.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4556, Relating to the enforcement of accessible parking spaces for motorists with mobility impairments,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4556) was referred to the Committee on the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Public Subdivisions and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Proudfoot, Tabb, Palumbo, Wysong, Tansill, Caputo, Yost, Hunt, Schadler and Walters:

H. B.4751 - "A Bill extending the time for the Board of Education of the County of Grant to meet as a levying body for the purpose of presenting to the voters of the county an election to adopt an additional school levy to provide funding for improvement of facilities and instructional programs for the students of Grant County from between the seventh and twenty-eighth days of March until the third Tuesday in May, two thousand six."
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. 4635, Providing that in the event a yearling was born in another state and transported to this state, the definition of "Raiser of an accredited West Virginia horse" does not apply to any pari-mutuel racing facility in Jefferson County,
And reports the same back, with 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. 4635) 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. 4694, Relating to abuse and neglect of children,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4694 - "A Bill to amend §49-1-3, §49-6-2, §49-5-3, §49-6-5 and §49- 6-5b of the Code of West Virginia, 1931, as amended, all relating to abuse and neglect of children; consideration of factors associated with a battered parent in abuse and neglect cases; providing treatment and assistance for battered parent; consideration of acts or attempted acts of murder, voluntary manslaughter or unlawful or malicious wounding with serious injury by one parent against other parent in abuse and neglect cases; considering aggravating circumstances of abuse, neglect or violent acts of parent in temporary and permanent custody determinations when such acts are committed against the other parent; considering aggravating circumstances of abuse, neglect or violent acts of parent in temporary and permanent custody determinations when such acts are committed or against other children in the household or other children under the parent's care or custody; relating to the department's obligation to attempt to preserve the family when such aggravating circumstances exist; and definitions,"
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. 4694) 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. 4698, Changing the filing time for a subcontractor's lien,
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. 4698) 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. 4233, Tourism, direct advertising grants programs,
And reports the same back, with amendment, by unanimous vote of the Committee, 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. 4233) was referred to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 112 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5R-7, relating to establishing an Alzheimer's Disease Registry within West Virginia University to act as a central information database for policy and planning relative to Alzheimer's disease"; which was referred to the Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 439 - "A Bill to amend and reenact §24C-1-3 and §24C-1-5 of the Code of West Virginia, 1931, as amended, all relating to duties of operators of an underground facility; strengthening the one-call system requirements for persons excavating or performing demolition work in the vicinity of underground facilities by increasing the number of emergency response agencies to be notified in the event of resulting damage; defining emergencies; and providing criminal penalties for violating certain duties and responsibilities imposed in said article"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 468 - "A Bill to amend and reenact §33-16-2 of the Code of West Virginia, 1931, as amended, relating to group accident and sickness insurance requirements"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 516 - "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"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 630 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §33-6-37, relating to the cancellation or nonrenewal of combination insurance policies"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 631 - "A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to compulsory school attendance generally; and clarifying the summons or warrant and complaint process when a parent, custodian or guardian fails to comply with compulsory attendance laws and a magistrate finds probable cause to believe that a parent, custodian or guardian has committed the offense"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 632 - "A Bill to amend and reenact §3-8-1a, §3-8-2b and §3-8-8 of the Code of West Virginia, 1931, as amended, all relating generally to electioneering communications; definitions; excluding candidates for federal office from requirement to disclose electioneering communications; and clarifying effect of electioneering communications provisions on provision regarding corporate contributions"; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegates Fragale, Miley, Cann and Iaquinta offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 64 - "Requesting the Joint Committee on Government and Finance to study the feasibility, efficiency, effectiveness and educational advantages of consolidating the fifty-five county school districts into twenty-seven school districts."
Whereas, Education is a vital resource and responsibility of the State of West Virginia and the nation as a whole for the purpose of economic competitiveness in a global economy; and
Whereas, Providing economic resources for education at the primary and secondary levels in the state plays a vital part in the role of economic competitiveness in West Virginia for both maintaining existing jobs and attracting new ones; and
Whereas, Education plays a vital role in allowing the state's residents to obtain the highest paying jobs available; and
Whereas, State funding, in periods of economic downturn in particular, is a scarce resource; and
Whereas, Methods for using the scarce resource of state funds in the most efficient and effective way for education in the state is a much needed and worthy endeavor to achieve educational, and in turn economic, excellence; and
Whereas, In accordance with Article XII, section three of the West Virginia Constitution and section one, article five, chapter eighteen of the Code of West Virginia, each county in the state has its own county school board, totaling fifty-five school districts in the state; and
Whereas, Consolidation of these fifty-five county school districts into twenty-seven school districts throughout the state may be an excellent method to use scarce resources in an efficient and effective manner to achieve better educational results and educational excellence in the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility, efficiency, effectiveness and educational advantages of consolidating the fifty-five county school districts into twenty-seven school districts; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Longstreth, Amores, Argento, Barker, Beach, Boggs, Brown, Browning, Campbell, Cann, Canterbury, Caputo, Crosier, Doyle, Fragale, Hartman, Hatfield, Houston, Hrutkay, Hunt, Iaquinta, Leach, Long, Mahan, Manchin, Marshall, Martin, Miley, Morgan, Palumbo, Paxton, Perry, Pethtel, Pino, Poling, Proudfoot, Spencer, Stalnaker, Staton, Stephens, Susman, Tabb, Talbott, Rick Thompson, Walters, Wells, Williams and Wysong offered the following resolution, which was read by its title: and referred to the Committee on Rules:
H. C. R. 65 - "Urging the President of the United States and Congress develop and implement a quality affordable health care policy for all Americans."
Whereas, Due to high health care costs and the nation's inability to address the needs of millions of people in this country without health coverage; and
Whereas, West Virginia residents are struggling with health care costs, reductions in employee health coverage and increased incidences of disabling illnesses; and
Whereas, Something must be done to provide adequate health care at reasonable rates for all Americans; and
Whereas, The lack of affordable health care is a national problem and requires a national solution; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the President and Congress of the United States to develop and implement a quality affordable health care policy for all Americans; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the President, United States Senators Robert C. Byrd and John D. Rockefeller IV, Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito and the Governor.
Mr. Speaker, Mr. Kiss, and Delegates Amores, Ashley, Beach, Beane, Boggs, Hartman, Leach, Long, Michael, Morgan, Palumbo, Perdue, Stemple, Trump, Varner and G. White offered the following resolution, which was read by its title:
H. R. 26 - "Designating Thursday, February 23, 2006 as 'Hospital Day'."
Whereas, Hospitals play a critical role in improving the health of our citizens; and
Whereas, Last year, West Virginia hospitals treated six million people in their outpatient departments, provided emergency care to over one million patients, delivered 20,000 babies, performed nearly a quarter of a million surgeries and cared for 316,000 people as inpatients; and
Whereas, Hospitals are an important part of our educational system with instructional programs that provide for a wide range of service, technical and professional positions; and
Whereas, Hospitals contribute more than $5.6 billion annually to the State's economy; and
Whereas, Hospitals employ over 39,000 people, and directly or indirectly, support one of every nine jobs in the State; therefore be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 23, 2006, as "Hospital Day," and, be it
Further Resolved, That the House of Delegates expresses its appreciation to hospitals and health care workers across the State for the contributions they make and the services they provide to improve the health of the citizens 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 appropriate officials with the West Virginia Hospital Association.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 26) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Petitions
Delegate Boggs presented a petition, signed by over twenty thousand residents of the State, in support of the Parent's Right to Know Act; which was referred to the Committee on the Judiciary.
Delegates Longstreth, Caputo and Manchin presented a petition, signed by numerous residents of the 43rd District, requesting that the Legislature increase the minimum wage; which was referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Cann (By Request):
H. B. 4729 - "A Bill to amend and reenact §29-22A-3 of the Code of West Virginia, 1931, as amended, relating to Definitions applicable to Racetrack Video Lottery"; to the Committee on the Judiciary then Finance.
By Delegate Cann (By Request):
H. B. 4730 - "A Bill to amend and reenact §11-16-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated as §11-16-5a, §11-16-5b and §11-16-5c all relating to the manufacture, sale, possession, distribution, furnishing or giving away of nonintoxicating beer contrary to law in unlicensed establishments"; to the Committee on the Judiciary.
By Delegates Mahan, Varner, Campbell, Staton, Beane, Amores, Michael and Leach:
H. B. 4731 - "A Bill to amend and reenact §49-5-21 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-5a and §49-6-8 of said code, all relating to the quarterly judicial review of juvenile proceedings; permanency hearings when a court determines reasonable efforts to preserve families is not required; foster care review; and annual reports to the court"; to the Committee on the Judiciary.
By Delegate Miley:
H. B. 4732 - "A Bill to amend and reenact §61-8B-3, §61-8B-4, §61-8B-5,§61-8B-7, §61- 8B-8 and §61-8B-9 of the Code of West Virginia, 1931, as amended, all relating to increasing penalties for certain sexual criminal offenses and to eliminating eligibility for probation by certain sex offenders"; to the Committee on the Judiciary.
By Delegate Miley:
H. B. 4733 - "A Bill to amend and reenact §61-2-28 of the Code of West Virginia, 1931, as amended, relating to increasing certain penalties for persons convicted of domestic battery and domestic assault including the requirement that they complete an approved batterers' course"; to the Committee on the Judiciary.
By Delegate Miley:
H. B. 4734 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-4-17, relating to traffic accidents involving a motor carrier regulated by the Public Service Commission"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Miley:
H. B. 4735 - "A Bill to amend and reenact §24A-5-5 of the Code of West Virginia, 1931, as amended, relating to minimum insurance required on for-hire vehicles, that haul nonhazardous property with a gross vehicle weight of ten thousand or more pounds"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate H. White:
H. B. 4736 - "A Bill to amend and reenact §33-6C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-16B-1 of said code, all relating generally to sickness and accident insurance and with respect thereto premiums, benefits and guaranteed loss ratios"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Louisos:
H. B. 4737 - "A Bill to amend and reenact §11-19-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-2-9 of said code, all relating to authorizing the board of directors of West Virginia University Institute of Technology to issue revenue bonds for the refurbishing, maintenance and purchase of dormitories, buildings and equipment on its campus; and providing revenue to finance the revenue bonds through the soft drink tax"; to the Committee on Education then Finance.
By Delegate Evans:
H. B. 4738 - "A Bill to extend the time for the County Commission of Grant County, West Virginia, to meet as a levying body until the third Tuesday in May, two thousand six"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Palumbo, Webster, Amores, Wells, Hatfield, Brown, Walters, Crosier and Stemple:

H. B. 4739 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to permitting county sheriffs who issue licenses to carry concealed weapons to deny such licences to applicants who have been convicted of a misdemeanor sexual offense at the county sheriff's discretion"; to the Committee on the Judiciary.
By Delegate Evans:
H. B. 4740 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-3A-1, §17C-3A-2, §17C-3A-3, §17C-3A-4, §17C-3A-5 §17C-3A-6, §17C-3A-7, §17C-3A-8, §17C-3A-9, §17C-3A-10, §17C-3A-11, §17C-3A-12 and §17C-3A-13, all relating to establishing an automated traffic law-enforcement program and providing penalties for violations"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Campbell, Amores, Varner, Leach, Michael and Staton:
H. B. 4741 - "A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-3 and §49-6-5 of said code, all relating to definitions; petitioning to the court when child believed neglected or abused; and disposition of neglected or abused children"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Beane, Mahan, Amores, Pino, Michael, Varner, Staton, Stalnaker and Browning:

H. B. 4742 - "A Bill to amend and reenact §5-22A-1 and §5-22A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17- 2D-1, §17-2D-2, §17-2D-3, §17-2D-4, §17-2D-5, §17-2D-6, §17-2D-7, §17-2D-8, §17-2D-9 and §17-2D-10, all relating to the Highway Design-Build Procurement Act; defining certain terms; creation of a Design-Build Selection Committee and setting forth duties; listing requirements for approval of design-build projects; requiring monthly progress reports on design-build projects; requiring annual reports; revising authority to propose certain rules and requirements; establishing requirements for issuing invitations for bid; certification of prequalification of design-builder and the bidding process"; to the Committee on Government Organization then Finance.
By Delegate Craig:
H. B. 4743 - "A Bill to amend and reenact §24-6-5 of the Code of West Virginia, 1931, as amended, relating to requiring that persons employed by emergency (911) dispatch centers submit to a criminal background check; and providing that a felony conviction disqualifies any individual to be employed at an emergency (911) dispatch center"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 4744 - "A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as amended, relating to authorizing county tax assessors to choose not to impose the property tax in a county on businesses for property that is business inventory intended for resale"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Cann and Michael:
H. B. 4745 - "A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as amended, relating to assessments of real property"; to the Committee on the Judiciary then Finance.
By Delegates Amores, Beane, Hunt and Howard:
H. B. 4746 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto one new section, designated §61-1-10, relating to persons who have been convicted of a felony involving the use or threatened use of a firearm; requiring persons who have been convicted of a felony involving the use or threatened use of a firearm to report to sheriff when visiting a county courthouse; and providing criminal penalty for violation"; to the Committee on the Judiciary.
By Delegates Sumner and Duke:
H. B. 4747 - "A Bill to amend and reenact §29-22A-8 of the Code of West Virginia, 1931, as amended, relating to establishing an annual license fee for the privilege of holding a license to operate video lottery terminals at racetracks; and to provide that the moneys collected are paid to the State Teachers Retirement System Benefit Fund"; to the Committee on the Judiciary then Finance.
By Delegates Tansill and Frich:
H. B. 4748 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-6, relating to creating the offense of sexual battery"; to the Committee on the Judiciary.
By Delegates Poling, Rick Thompson, Eldridge, Martin, Talbott, Miley, Crosier, Yost, Hamilton, Barker and Argento:

H. B. 4749 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to providing a six percent salary increase for all school service personnel effective the first day of July, two thousand six"; to the Committee on Education then Finance.
By Delegates Rick Thompson, Tucker, Louisos, Caputo, Manchin, Martin, Hartman, Hunt and Barker:

H. B. 4750 - "A Bill to amend and reenact §18-29-3, §18-29-4, §18-29-5 and §18-29-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-29-10a; to amend and reenact §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7, §29-6A-8 and §29-6A-10 of said code; and, to further amend said code by adding thereto a new section designated §29-6A-13 all relating to grievance procedures for state educational employees and state employees; changing grievance procedures; providing for administrative law judges; and providing for binding arbitration"; to the Committee on Education then the Judiciary.
By Delegates Michael and Stalnaker:
H. B. 4752 - "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931, as amended, relating to allowing the purchase of service credit in the State Teachers Retirement System for temporary employment under the Comprehensive Employment and Training Act (CETA); and specifying the cost of the service credit purchased"; to the Committee on Finance.
Consent Calendar
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed with him for the removal of bills from the Consent Calendar to the Special Calendar:
H. B. 4689, on second reading, Consent Calendar, to the House Calendar, by Delegates Trump and Campbell,
Com. Sub. for H. B. 4036, on first reading, Consent Calendar, to the House Calendar, by Delegate Trump,
Com. Sub. for H. B. 4453, on first reading, Consent Calendar, to the House Calendar, by Delegate Trump,
Com. Sub. for H. B. 4456, on first reading, Consent Calendar, to the House Calendar, by Delegate Trump,
Com. Sub. for H. B. 4536, on first reading, Consent Calendar, to the House Calendar, by Delegate Trump,
H. B. 4658, on first reading, Consent Calendar, to the House Calendar, by Delegate Schadler,
And,
Com. Sub. for H. B. 4683, on first reading, Consent Calendar, to the House Calendar, by Delegate Trump.
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time: H. B. 4354, Minimizing the likelihood that a reader might be induced to believe that he or she had more time than actually existed to perfect a lien upon the subject property,
Com. Sub. for H. B. 4431, Allowing the clerk of the county commission to set reasonable fees charged for electronic or other medium versions of documents recorded in the office of clerk of the county commission,
H. B. 4437, Authorizing West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights,
And,
H. B. 4578, Extending the 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.
On the passage of the bills, the yeas and nays were taken (Roll No. 156), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Boggs, Craig, Ferrell, Marshall and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (H. B. 4354, Com. Sub. for H. B. 4431, H. B. 4437 and H. B. 4578) passed.
Delegate Staton moved that H. B. 4578 take effect July 1, 2006.
On this question, the yeas and nays were taken (Roll No. 161), 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: Boggs, Browning, Craig, Ferrell, Marshall and Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4578) takes effect July 1, 2006.
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. 216, Continuing Women's Commission; on second reading coming up in regular order was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two, section seven, line five, by striking out the word "eight" and inserting in lieu thereof the word "twelve".
There being no further amendments, the bill was then ordered to third reading.
Com. Sub. for H. B. 4612, Relating generally to the West Virginia Women's Commission; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4625, Extending certain authority to professional personnel designee of school principal; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2118, Providing for reimbursement to the bail bondsman for the amount of a forfeited bond under certain circumstances,
Com. Sub. for H. B. 2638, Increasing the amount of allowable equity investments in municipal police and fire pension plans,
Com. Sub. for H. B. 3019, Community volunteer enrichment programs in the public schools,
Com. Sub. for H. B. 3119, Providing that the Division of Natural Resources may not reduce the habitat land acreage available for hunting and shooting,
Com. Sub. for H. B. 4454, Relating to wages withheld from an employee,
H. B. 4472, Including family court jurisdiction in all proceedings concerning grandparent visitation,
And,
H. B. 4632, Relating to employing homeland security and emergency service personnel,
Special Calendar
Unfinished Business
H. C. R. 44, Requesting the Division of Highways to name the truss bridge at Midkiff, Lincoln County, the "Sanders Brothers Veterans Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk. and adopted
H. C. R. 59, Requesting the Division of Highways to name the bridge located on Route 10 in Harts, West Virginia, the "Harts Veterans' Memorial Bridge"; 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. 162), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Boggs, Craig, Ferrell, Marshall and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 59) 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. 4331, Removing the "within two years" time restriction in which an application by a former police officer or firefighter, thirty-five years old or older, who previously resigned, may submit an application for reinstatement; 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. 163), and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Leach, Morgan, Roberts, Stephens,Dale and Webster.
Absent And Not Voting: Boggs, Craig, Ferrell, Marshall and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4331) 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
H. B. 4522, Removing the Commissioner of Insurance as the attorney in fact for HMO's for service of process purposes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
S. B. 454, Removing Insurance Commissioner as health maintenance organizations' attorney for service of process purposes; on second reading, coming up in regular order, was read a second time and ordered to third reading.
H. B. 4689, Relating to increasing beginning teacher salaries; on second reading coming up in regular order was read a second time.
On motion of Delegate Campbell, the enacting section of the bill was amended to read as follows:
"That §18A-4-1 and §18A-4-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows" followed by a colon .
There being no further amendments, the bill was then ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

Com. Sub. for H. B. 4015, Relating to funding of the Revenue Shortfall Reserve Fund,

Com. Sub. for H. B. 4036, Relating to soliciting or advocating murder, providing criminal penalties and specifying that the offenses and penalties are cumulative to other offenses and penalties,
Com. Sub. for H. B. 4453, Clarifying the powers and duties of conservation officers as it relates to searches and seizures,
Com. Sub. for H. B. 4456, Removing limitations on beaver trapping,
Com. Sub. for H. B. 4536, Improving competition among telephone public utilities providing landline services,
H. B. 4658, Creating the Funeral Planning Agent Designation Act,
And,
H. B. 4683, Establishing the right to trial by jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Boggs, Craig, Ferrell and Spencer.
At 12:34 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 24, 2006.