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Wednesday, January 18, 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, January 17, 2006, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 4011, Relating to the creation of a special unit within the state police specializing in
child abuse and neglect investigations,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4011 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §15-2-9, relating to the creation of a special unit within
the state police specializing in child abuse and neglect investigations,"
And,
H. B. 4012, Child Abuser Registration Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4012 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §15-13-1, §15-13-2, §15-13-3, §15-13-4, §15-13-5, §15-
13-6, §15-13-7, §15-13-8, §15-13-9 and §15-13-10, all relating to the creation of a state child abuser
registry and establishing penalties for persons convicted of child abuse or neglect for failure to
properly report registration information,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com.
Sub. for H. B. 4011 and Com. Sub. for H. B. 4012) were each taken up for immediate consideration,
read a first time and then ordered to second reading.
On motion for leave, a bill was introduced (Originating in the Committee on Education and
reported, by unanimous vote of the Committee, with the recommendation that it do pass), which was
read by its title, as follows:
By Delegates Campbell, Williams, Perry, Paxton, Spencer, Crosier, Fragale, Eldridge,
Wysong, Leggett and Tansill:
H. B. 4049 - "A Bill to repeal §18B-14-9 of the Code of West Virginia, 1931, as amended;
to repeal §18C-7-9 of said code; to repeal §18C-8-1, §18C-8-2 and §18C-8-3 of said code; to amend
and reenact §18B-10-1 of said code; to amend and reenact §18C-1-1, §18C-1-3 and §18C-1-4 of said
code; to amend said code by adding thereto a new section, designated §18C-1-5; to amend and
reenact §18C-5-1, §18C-5-2, §18C-5-3, §18C-5-4, §18C-5-5 and §18C-5-6 of said code; and to amend and reenact §18C-7-2, §18C-7-3, §18C-7-4 §18C-7-5, §18C-7-6 and §18C-7-7 of said code,
all relating to state funded student financial aid; need-based and merit-based student financial aid
programs; PROMISE scholarship program; higher education grant program; abolishing the
PROMISE scholarship program board; creating the Higher Education Student Financial Aid
Coordinating Board; membership of said Coordinating Board; authorizing member expense
reimbursement; powers, duties and responsibilities of said Coordinating Board; transferring powers,
duties and responsibilities of PROMISE board to said Coordinating Board; expanding certain
legislative findings; establishing certain legislative intent; requiring coordination and consultation
among entities for student financial aid administration; creating the 'higher education grand fund'
special revenue fund; establishing legislative intent regarding legislative appropriation levels to the
higher education grant fund and the PROMISE scholarship fund; expanding eligibility for PROMISE
scholarship awards to certain students attending high school outside the state; modifying PROMISE
scholarship eligibility requirements; limiting tuition and fee increase levels for certain students;
modifying the calculation for determining student financial aid award levels for certain higher
education grant recipients; defining terms and clarifying the definitions of certain terms; requiring
promulgation legislative rule and emergency rule; making technical corrections; and repealing
obsolete provisions."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4049) was taken up for immediate consideration, read a first time and then ordered to second
reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 4049) 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. 2945, Relating to solicitation of water samples by persons or private entities and
providing information identifying the name of the company making the solicitation,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2945 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §46A-6-111, relating to establishing requirements for
home solicitation sales of water improvement products and services to consumers via water sample
requests and civil penalties for failure to comply,"
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. 2945) 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. 4019, Relating to the preparation and distribution of a digest or summary of the budget
bill,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4019) was taken up for immediate consideration, read a first time, ordered to second reading and
then, in accordance with the former direction of the Speaker, referred to the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary
and reported with the recommendation that it do pass, by unanimous vote of the Committee), which
was read by its title, as follows:
By Delegates Craig, Amores, Mahan, Morgan, Pethtel, Stemple, Caputo, Armstead,
Schadler, Hamilton and Azinger:
H. B. 4048 - "A Bill to amend and reenact §54-1-2 of the Code of West Virginia, 1931, as
amended, and to amend said code by adding thereto a new section, designated §54-2-1a, all relating
to eminent domain; defining 'internal improvement'; limiting the use of eminent domain for certain
purposes; prohibiting the use of eminent domain to convey property to certain owners; providing for
conditional resale of condemned property to prior owners thereof, with exceptions thereto; and
requiring good faith purchase period and offer prior to initiation of condemnation proceeding."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4048) was taken up for immediate consideration, read a first time and then ordered to second
reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 4048) 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. 4039, Protection of the citizenry from sex offenders,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4039) was taken up for immediate consideration, read a first time, ordered to second reading and
then, in the absence of objection, referred to the Committee on Finance.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the annual report for the fiscal years 2004-2005 of the State
Board of Architects in accordance with section twelve, article one, chapter thirty of the code; which
was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the Board of Osteopathy, in
accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the biennium for the fiscal years 2004
and 2005 of the Board of Dental Examiners, in accordance with article four, chapter thirty of the
code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the Board of Accountancy, in
accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual reports for the fiscal years 2003-2004 and 2004-
2005 of the Board of Occupational Therapy in accordance with section six, article twenty-eight,
chapter thirty of the code; which was filed in the Clerk's Office.
Resolutions Introduced
Delegates Yost and Ennis offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 20 - "Naming the bridge which traverses Buffalo Creek on State Route 2 at the
southern entrance to Wellsburg in Brooke County, the 'John G. Chernenko Bridge'."
Whereas, John G. Chernenko, served this state with honor and distinction as a State
Senator, being elected to that position of high honor and trust on three separate occasions, in 1982,
1986 and 1990; and
Whereas, Before serving this state as a State Senator, John G. Chernenko selflessly served
this Country with great courage and dedication, going well above and beyond the call of duty, as a
soldier in the United States Army during World War II, enduring great hardship and sacrifice as a
prisoner of war, and being awarded the Purple Heart with cluster, and Bronze Star (five campaigns)
as the result of the heroism he exhibited on the field of battle; and
Whereas, In 1961 he continued his service to his country as he was appointed by President
John F. Kennedy to be the United States Marshal for the Northern District of West Virginia, a
position to which he was reappointed by President Lyndon B. Johnson in 1965 and in which he
served until 1969; and
Whereas, As a State Senator, Senator Chernenko served as Majority Whip, Chairman of the
Labor Committee, and member of the Energy, Industry and Mining, Finance, Government
Organization, Health and Human Resources, Military, and Select Committee on Redistricting; and
Whereas, As a small token of this Legislative Body's immense and genuine appreciation
for Mr. Chernenko's service, dedication and courage, as a Soldier, Legislator and Leader, it is desired that the bridge traversing Buffalo Creek at the southerly entrance to Mr. Chernenko's beloved
Wellsburg in Brooke County, be named the "John G. Chernenko Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge which traverses
Buffalo Creek on State Route 2 at the southern entrance to Wellsburg in Brooke County, the "John
G. Chernenko Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to post signs at each
entrance and exit of the above-designated bridge, with words, printed in bold and prominent fashion,
proclaiming the "John G. Chernenko Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to provide
a certified copy of this Resolution to the following: Marc B. Chernenko, 170 Sycamore Street,
Wellsburg, West Virginia 26070; the Department of the United States Army in Washington, D.C.,
and to the State Commissioner of Highways.
Delegates Brown, Hatfield, Houston, Hrutkay, Longstreth, Mahan, Marshall, Poling, Rowan,
Schoen, Sobonya, Spencer, Stevens, Sumner, Susman and Webster offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 21 - "Recognizing the Month of January as Cervical Cancer Month and encouraging
women to take advantage of the services available to screen for breast and cervical cancer."
Whereas, In West Virginia many women have inadequate access to and the financial
resources to obtain breast and cervical cancer screening and detection services, including women
who lack health insurance or whose health insurance coverage does not provide for breast and
cervical cancer screening; and
Whereas, As legislators, family members, parents, neighbors, and communities, it is all of
our responsibility to find ways to reduce the incidence of mortality caused by breast and cervical
cancer by ensuring all women access to breast and cervical cancer screening; and
Whereas, The incidence of breast and cervical cancer in West Virginia in 2005 was 12.2
people for every one hundred thousand residents which represented an increase from the previous
year; and
Whereas, The mortality rate was 3.1 deaths per 100000 residents from breast and cervical
cancer is higher than the national average; and
Whereas, The cervical cancer screening rate was 82.5% last year and can be improved;
therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature hereby declares January as Breast and Cervical Cancer
month in West Virginia and encourages all women in this state to take advantage of the services
available to screen for breast and cervical cancer. and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the Governor.
Mr. Speaker, Mr. Kiss, and Delegate Staton offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. R. 3 - "Authorizing the Committee on Rules to arrange a Special Calendar and providing
for making public the vote on certain questions in connection with the preparation thereof."
Resolved by the House of Delegates:
That beginning on Thursday, February 9, 2006, and for the remainder of this regular session of the Legislature, the Committee on Rules is hereby authorized to arrange a Special Calendar as
provided by House Rule 70. Daily after business on the Consent Calendar shall have been disposed
of or after the eighth order of business shall have been passed, the Special Calendar shall be called,
and until this calendar is disposed of each day, no item of business on the regular House Calendar
shall be considered or take precedence over any item of business on the Special Calendar, except by
a two-thirds vote of the members present and voting.
No bill or resolution shall be placed upon the Special Calendar except by the Committee on
Rules. In making up the Calendar, the Committee on Rules may hear any Delegate or other person
in behalf of any resolution or bill he may desire placed upon such calendar and the committee shall
give due consideration to the merits of bills and resolutions pending in the House of Delegates, and
take cognizance of measures which affect the public interest generally; and be it
Further Resolved, That the committee shall cause to be kept a record of all roll call votes on
all questions pertaining to preparation of the Special Calendar and removing the same therefrom.
This record of votes shall show those voting in the affirmative or those voting in the negative,
whichever shall be the smaller number, and those absent and not voting. These vote records shall
be prepared and following the adjournment of each meeting made available to House members and
to the public.
Mr. Speaker, Mr. Kiss, and Delegate Staton offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. R. 4 - "Authorizing printing and distribution of Acts of the Legislature and Journals of
the House of Delegates."
Resolved by the House of Delegates:
That under authority of section thirteen, article one, chapter four of the Code of West
Virginia, the Clerk of the House of Delegates is hereby authorized to have printed not to exceed 500
copies of the Acts of the 2006 Regular Session of the Legislature, bound in buckram, and to include
therein the Acts of any extraordinary session which may not have been printed.
The Clerk of the House shall provide copies of said Acts for distribution as provided by
section six, article eight, chapter fifty-one of the code insofar as such distribution is practicable.
The Clerk of the House of Delegates is also authorized to publish not to exceed 250 copies
of the Journal of the House of Delegates for the second regular session of the 77th Legislature and
to include therein the unpublished Journals of any extraordinary sessions. In addition, there shall
be printed Official copies of any Journal published, properly bound and designated, and in such
quantity as deemed appropriate by the Clerk. A copy of the Journal and five copies of said Acts shall
be furnished to each member of the Legislature, upon request of each such member. The Clerk shall
retain sufficient copies of the buckram bound Acts to supply legislative offices and the remaining
copies shall be retained by the Clerk, for sale by his department.
For the work required in indexing, printing and distributing said Acts and in the publication
of said Journal of the House of Delegates and for completing other work of the session, the Speaker
is hereby authorized to appoint such persons as he may deem necessary to perform technical, clerical,
stenographic, custodial and other services required by the House of Delegates.
The Speaker shall certify a list of persons entitled to compensation under authority of this
resolution to the Clerk of the House of Delegates, and the Clerk shall draw his requisition in favor
of such persons at per diems or at monthly salaries, which shall be paid from the Per Diem of
Officers and Employees Fund or the Contingent Fund of the House of Delegates.
Petitions
Delegates Sobonya, Howard and Lane presented a petition, signed by three thousand six
hundred residents of the State, in support of Logan's Law; 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 Michael:
H. B. 4041 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §55-7-19a, relating to providing limited immunity from civil
damages for persons who volunteer their services to public health departments; and providing that
the limitation of liability does not apply to intentional tortious conduct or acts or omissions
constituting gross negligence"; to the Committee on the Judiciary.
By Delegate Amores:
H. B. 4042 - "A Bill to amend and reenact §56-6-31 of the Code of West Virginia, 1931, as
amended, relating to the rate of interest allowed for prejudgment and post-judgment interest"; to the
Committee on the Judiciary.
By Delegate Amores:
H. B. 4043 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto new section, designated §55-7-18a, relating to the creation of a presumption of good faith
and grant of immunity for employers who disclose job-related information about current and former
employees to prospective employers"; to the Committee on the Judiciary.
By Delegates Barker, Hrutkay and Eldridge:
H. B. 4044 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931,
as amended, relating to providing that utility trailers bear registration plates smaller than registration
plates on motor vehicles but larger than plates on motorcycles"; to the Committee on Roads and
Transportation then the Judiciary.
By Delegates Poling, Argento, Proudfoot, Talbott and Spencer:
H. B. 4045 - "A Bill to amend and reenact §54-1-2 of the Code of West Virginia, 1931, as
amended, relating to prohibiting the State of West Virginia and its political subdivisions from
exercising a right of eminent domain to advantage one private property owner over another"; to the
Committee on the Judiciary.
By Delegate Spencer:
H. B. 4046 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to the modification of the state personal income tax by allowing for a reduction
in the federal adjusted income for motor fuel expenses incurred in commuting to and from one's
occupation at the rate provided at the federal income tax level by the federal Internal Revenue
Service; to the Committee on Finance.
By Delegates Pethtel, Varner and Proudfoot:
H. B. 4047 - "A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as
amended, relating to prosecuting attorneys generally; and providing that the prosecuting attorney of
Wetzel County shall serve as a part-time prosecuting attorney regardless of the classification of the
county"; to the Committee on Political Subdivisions then the Judiciary.
Consent Calendar
Third Reading
H. B. 4007, Relating to updating appraisal standards employed by the Public Land
Corporation; 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. 4), and
there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as
follows:
Absent and Not Voting: Craig, Ellem, Ferrell and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4007) 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
H. B. 4038, Relating to donation and transfer of surplus personal computers and other
information systems, technology and equipment for educational purposes; on first reading, coming
up in regular order, was read a first time and ordered to second reading.
House Calendar
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 4037, Correcting definitions applicable to the assessment of real property,
And,
H. B. 4040, Requiring voter approval prior to closure and consolidation of certain schools.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Craig, Ellem, Ferrell and Leach.
At 11:56 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 19,
2006.