hdj2006-1-13-03

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Friday, January 13, 2006

The House of Delegates met at 10:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, January 12, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
On motion for leave, a resolution was introduced (Originating in the Committee on Rules and reported with the recommendation that it be adopted), which was read by its title as follows:
H. R. 1 - "Authorizing the appointment of employees for this, the Second Regular Session of the Seventy-Seventh Legislature, two thousand six".
Resolved by the House of Delegates:
That the Speaker of the House of Delegates be, and he is hereby, authorized to appoint employees to perform technical, clerical, stenographic, custodial and other services for this session of the Legislature and to receive the per diems and salaries as herein provided, as follows:
(1) For per diem employees, the following rates:
One Receptionist to the Speaker and Stenographer to the Speaker Pro Tempore at one hundred twenty-five dollars per diem;
One Attorney to the Minority Leader at two hundred fifty-seven dollars per diem;
One Legislative Analyst to the Minority Leader at ninety-five dollars per diem;
One Stenographer to the Minority Leader at fifty-five dollars per diem;
One Stenographer to the Minority Leader at fifty dollars per diem;
One Stenographer to the Minority Leader at sixty dollars per diem;
One Executive Assistant to the Committee on the Judiciary at one hundred fifty-eight dollars per diem;
One Receptionist to the Committee on the Judiciary at eighty-eight dollars per diem;
Three Clerks to the Committee on the Judiciary at fifty-five dollars each per diem;
One Attorney to the Committee on the Judiciary at one hundred ninety dollars per diem;
One Attorney to the Committee on the Judiciary at one hundred eighty-six dollars per diem;
One Attorney to the Committee on the Judiciary at three hundred dollars per diem;
One Committee Assistant to the Committee on Finance at ninety dollars per diem;
One Paralegal/Committee Clerk to the Committee on Finance at one hundred five dollars per diem;
One Assistant Committee Clerk to the Committee on Finance at eighty dollars per diem;
One Paralegal to the Committee on Finance at eighty-five dollars per diem;
One Attorney to Finance at two hundred sixty-three dollars per diem;
One Messenger to the Committee on Education at fifty dollars per diem;
One Committee Clerk to the Committee on Education at one hundred nine dollars per diem;
One Committee Clerk to the Committee on Government Organization at fifty dollars per diem;
One Legislative Assistant at eighty-eight dollars per diem;
Two Legislative Assistants at sixty dollars each per diem;
One Legislative Assistant at fifty-five dollars per diem;
Three Committee Clerks at sixty dollars each per diem;
One Committee Clerk at fifty-five dollars per diem;
One Stenographer to the Stenographer's Pool at fifty-seven dollars per diem;
One Legislative Assistant at eighty dollars per diem;

One Legislative Analyst to the Committee on Health and Human Resources at one hundred ten dollars per diem;

One Supervisor to the Journal Room at ninety-nine dollars per diem;
Five Clerks to the Journal Room at fifty-five dollars each per diem;
One Clerk to the Journal Room at fifty-three dollars per diem;;
One Doorkeeper at one hundred fifty-five dollars per diem;
One Assistant Doorkeeper at fifty-three dollars per diem;
Two Assistant Doorkeepers at fifty dollars each per diem;
Two Assistant Doorkeepers at fifty-five dollars each per diem;
Two Assistant Doorkeepers at sixty dollars each per diem;
One Sergeant-At-Arms at one hundred fifty-seven dollars per diem;
One Assistant Sergeant-At-Arms at fifty-eight dollars per diem;
One Assistant Sergeant-At-Arms at fifty-nine dollars per diem;
One Assistant Sergeant-At-Arms at sixty-seven dollars per diem;
One Stenographer to the Doorkeeper and Sergeant-At-Arms at sixty dollars per diem;
One Head Page at sixty dollars per diem;
One East Wing Supervisor at ninety-three dollars per diem;
One East Wing Messenger at fifty-five dollars per diem;
Two East Wing Messengers at fifty-three dollars each per diem;
One Administrative Assistant to the Clerk at one hundred twenty-five dollars per diem;
One Journal Clerk to the Clerk at eighty-eight dollars per diem;
One Journal Clerk to the Clerk at sixty-five dollars per diem;
One Receptionist to the Clerk at seventy-eight dollars per diem;
Two Maintenance Staff at fifty dollars each per diem;
(2) For salaried full-time employees, the following employees at the following rates, in addition to and exclusive of any experience increment or pay in lieu of an experience increment as may be payable under Section 2, Article 5, Chapter 5 of the Code of West Virginia of 1931, as amended:
One Chief Clerk/Parliamentarian at seven thousand one hundred seventeen dollars and three cents per month;
One Assistant Clerk at four thousand one hundred ninety-three dollars and nineteen cents per month;
One Assistant Clerk at three thousand seven hundred sixty-eight dollars and ninety-nine cents per month;
One Document Clerk at two thousand four hundred fifty-eight dollars and thirty-three cents per month;
One Technical Assistant at three thousand four hundred ninety-two dollars and ninety-five cents per month;
One Technical Assistant at four thousand three hundred fifteen dollars and seventy-five cents per month;
One Fiscal Officer at four thousand six hundred seventy dollars and forty-three cents per month;
One Assistant Fiscal Officer at two thousand nine hundred sixty-seven dollars and seventy- five cents per month;
One Purchasing Agent at two thousand nine hundred sixty-seven dollars and fifty-five cents per month;
One Office Assistant/Mail Clerk at two thousand nine hundred fifty-two dollars and sixty- five cents per month;
One Messenger at two thousand four hundred ninety-nine dollars and twenty-five cents per month;
Two Maintenance Staff at two thousand five hundred thirty-four dollars and twenty-five cents each per month;
Two Maintenance Staff at two thousand ninety-six dollars and sixty-one cents each per month;
One Maintenance Staff at one thousand six hundred eighty dollars and eighty-one cents per month;
One Administrative Assistant to the Speaker at four thousand five hundred eighty-three dollars and thirty-three cents per month;
One Executive Assistant to the Speaker at three thousand three hundred twenty-two dollars and fifty cents per month;
One Communications Director to the House at five thousand five hundred twenty-four dollars and ninety-seven cents per month;
One Assistant to the Majority Leader at three thousand three hundred thirty-three dollars and thirty-three cents per month;
One Executive Assistant to the Minority Leader at five thousand thirty-four dollars and thirty- two cents per month;
One Chief Counsel to the Committee on Education at six thousand six hundred twenty-five dollars per month;
One Legislative Assistant to the Committee on Education at two thousand eight hundred twenty-eight dollars and eighty-five cents per month;
One Legislative Assistant at two thousand five hundred one dollars and eighteen cents;
One Policy Analyst to the Committee on Education at five thousand nine hundred fifty-six dollars and forty-six cents per month;
One Policy Analyst to the Committee on Finance at four thousand seven hundred ninety-five dollars and forty-eight cents per month;
One Budget Analyst to the Committee on Finance at three thousand five hundred forty-five dollars and forty-eight cents per month;
One Budget Analyst to the Committee on Finance at two thousand eight hundred thirty-three dollars and thirty-three cents per month;
One Administrative Assistant to the Committee on Finance at two thousand five hundred forty-five dollars and forty-eight cents per month;
One Legislative Assistant to the Committee on Finance at three thousand four hundred twenty-nine dollars and one cent per month;
One Chief Counsel to the Committee on Finance at seven thousand three hundred six dollars and twenty-five cents per month;
One Staff Counsel to the Committee on Finance at six thousand seven hundred sixty-eight dollars and forty-one cents per month;
One Administrative Assistant to the Majority Whip Office at two thousand four hundred eighty-nine dollars and seventeen cents per month;
One Chief Counsel to the Committee on the Judiciary at seven thousand one hundred ten dollars and one cent per month;
One Staff Council to the Committee on the Judiciary at five thousand per month;
One Legislative Analyst to Judiciary at two thousand eight hundred eighty-three dollars and thirty-three cents per month;
One Research Analyst to the Committee on the Judiciary at three thousand three hundred four dollars and seventeen cents per month;
One Administrative Assistant to the Committee on Government Organization at two thousand two hundred fifty dollars per month;
One Legislative Analyst to the Committee on Government Organization at two thousand seven hundred sixty-six dollars and seventeen cents per month;
One Chief Counsel to the Committee on Government Organization at six thousand five hundred seventy-four dollars and ninety-three cents per month;
Two Staff Attorneys at five thousand dollars each per month;
One Research Analyst to the Minor Committees at two thousand nine hundred seventy-seven dollars and seventy-four cents per month;
One Research Analyst to the Minor Committees at three thousand three hundred seventy-five dollars per month;
One Office Assistant to the Minor Committees at two thousand five hundred fifty-five dollars and five cents per month;
One Office Assistant to the Minor Committees at two thousand six hundred eight dollars and thirty-three cents per month;
One Legislative Assistant to the Rule-Making Review Committee at two thousand eighty- three dollars and thirty-three cents per month;
The Speaker is authorized to appoint or assign additional or present employees and to determine the rate of compensation therefor as he may deem necessary to expedite the work of the House of Delegates; and be it
Further Resolved, That, in accordance with Chapter 4, Article 2A of the code, the Clerk of the House is hereby authorized to draw his requisitions upon the Auditor for travel expenses and compensation of members of the House of Delegates; and, be it
Further Resolved, That all appointments made under authority of the foregoing provisions of this resolution shall be certified to the Auditor and Treasurer by the Clerk of the House, and the Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor in favor of the persons so appointed and the Auditor shall honor and pay such requisitions when presented and charge same to the "per diem of officers and employees" fund or "contingent" fund of the House of Delegates. The Clerk shall draw his requisitions in favor of employees for consecutive days or months from the date of their employment at the per diem or salary herein set out until such time as their services shall cease. The Speaker may remove any employee and appoint another in his or her place, and he shall require each of said employees to perform such duties as shall be assigned him or her, and he is hereby given authority to dispense with the services of any employee or employees for any such time or number of days as their services shall not be needed during the session, and they shall not be paid for such time, nor shall other persons be appointed into their places for any such time as they may be suspended when not needed; and, be it
Further Resolved, That the Speaker is hereby authorized to assign employees to such positions and duties as he may deem proper to secure the most efficient and expeditious work during the Session of the Legislature; and be it
Further Resolved, That no person appointed under authority of this resolution and receiving pay hereunder shall concurrently receive compensation from any other department or agency of state government and no person who availed himself or herself of early retirement under the provisions of Senate Bill 10, First Extraordinary Session, 1988, may be appointed under the provisions of this resolution. Notwithstanding designation of positions or duties herein prescribed, any employee may be assigned additional duties by the person by whom appointed, and may be assigned to such positions and duties, as may be deemed proper to serve the most efficient and expeditious work; and, be it
Further Resolved, That following the session, the Speaker, with approval of the Rules Committee, is authorized until superceded by subsequent House Resolution, to remove or appoint any employee of the House, and establish such duties and compensation as is deemed appropriate for each employee; and, be it
Further Resolved, That any and all provisions of House Rule 9 in conflict with this resolution are hereby suspended.
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. 4007, Relating to updating appraisal standards employed by the Public Land Corporation,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each 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. 4007) will be placed on the Consent Calendar.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the West Virginia Water Development Authority, in accordance with section thirteen, article one-b, chapter nineteen, of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report for the fiscal years 2004 and 2005 of the West Virginia Radiologic Technology Board of Examiners in accordance with section twelve, article one, chapter-thirteen of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the West Virginia Division of Forestry's Logging Sediment Control Act Annual Report, in accordance with section thirteen, article one-b, chapter nineteen of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the West Virginia Board of Examiners for Speech-Language Pathology and Audiology, in accordance with article thirty-two, chapter thirty of the code; which is filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2004-2005 annual report of the State of West Virginia Board of Chiropractic, in accordance section twelve-b, article one, chapter thirty; which is filed in the Clerk's Office.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Staton and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 17 -- "Requesting the Governor of the State of West Virginia and the West Virginia Development Office to put the highest priority on putting forward locations in the southern coalfield counties for the proposed coal conversion facilities."
Whereas, The United States faces foreign and domestic threats to the petroleum and natural gas resources so vital to our economy; and
Whereas, West Virginia has an estimated 50 billion tons of coal reserves; and
Whereas, Coal liquefaction and other conversion processes can turn each ton of coal into as much as three barrels of liquid fuel; and
Whereas, Governor Joe Manchin, III, has established the West Virginia Coal Conversion Initiative to bring the public and private sectors together to build coal conversion facilities and related infrastructures in the Mountain State; and
Whereas, Such facilities would bring much needed jobs, economic development and take the state away from a dependence on outside fuels; and
Whereas, Southern West Virginia is located within 500 miles of half of the nation's population and much of West Virginia's coal reserves lie in the southern coalfields; and
Whereas, The West Virginia Turnpike, U. S. Route 19 and the soon to be built Coalfields Expressway make southern West Virginia more accessible than ever to the markets of the East Coast, Midwest and South; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor of the State of West Virginia and the West Virginia Development Office to put the highest priority on putting forward locations in the southern coalfield counties for the proposed coal conversion facilities; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Governor of the State of West Virginia, the West Virginia Development Office and the Wyoming County Commission.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Louisos:
H. B. 4016 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-2-1b, relating to requiring certification that the offer of proof of the value of property sought to be introduced in an action or suit be at least ninety percent accurate"; to the Committee on the Judiciary.
By Delegates Caputo, Doyle, Frederick, Leggett, Pino, Romine and Spencer:
H. B. 4017 - "A Bill to repeal §46-1-109, §46-1-207 and §46-1-208 of the Code of West Virginia, 1931, as amended; to repeal §46-2-208 of said code; to repeal §46-2A-207 of said code; to amend and reenact §46-1-101, §46-1-102, §46-1-103, §46-1-104, §46-1-105, §46-1-106, §46-1- 107, §46-1-108, §46-1-201, §46-1-202, §46-1-203, §46-1-204, §46-1-205 and §46-1-206 of said code; to amend said code by adding thereto ten new sections, designated §46-1-301, §46-1-302, §46- 1-303, §46-1-304, §46-1-305, §46-1-306, §46-1-307, §46-1-308, §46-1-309 and §46-1-310 of said code; to amend and reenact §46-2-103, §46-2-104, §46-2-202, §46-2-310, §46-2-323, §46-2-401, §46-2-503, §46-2-505, §46-2-506, §46-2-509, §46-2-605 and §46-2-705 of said code; to amend and reenact §46-2A-103, §46-2A-501, §46-2A-514, §46-2A-518, §46-2A-519, §46-2A-526, §46-2A-527 and §46-2A-528 of said code; to amend and reenact §46-3-103 of said code; to amend and reenact §46-4-104 and §46-4-210 of said code; to amend and reenact §46-4A-105, §46-4A-106 and §46-4A- 204 of said code; to amend and reenact §46-5-103 of said code; to amend and reenact §46-7-101, §46-7-102, §46-7-103, §46-7-104, §46-7-105, §46-7-201, §46-7-202, §46-7-203, §46-7-204, §46-7- 205, §46-7-206, §46-7-207, §46-7-208, §46-7-209, §46-7-210, §46-7-301, §46-7-302, §46-7-303, §46-7-304, §46-7-305, §46-7-306, §46-7-307, §46-7-308, §46-7-309, §46-7-401, §46-7-402, §46-7- 403, §46-7-404, §46-7-501, §46-7-502, §46-7-503, §46-7-504, §46-7-505, §46-7-506, §46-7-507, §46-7-508, §46-7-509, §46-7-601, §46-7-602 and §46-7-603 of said code; to amend said code by adding thereto new sections, designated §46-7-106, §46-7-701 and §46-7-702; to amend and reenact §46-8-102 and §46-8-103 of said code; and to amend and reenact §46-9-102, §46-9-203, §46-9-207, §46-9-208, §46-9-301, §46-9-310, §46-9-312, §46-9-313,46-9-314, §46-9-317, §46-9-338 and §46-9-601 of said code, all relating to revising the uniform commercial code, articles one and seven; and conforming amendments to other articles"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4018 - "A Bill to amend and reenact §62-11C-2 and §62-11C-4 of the Code of West Virginia, 1931, as amended, all relating to the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction; meetings; funding"; to the Committee on the Judiciary then Finance.
House Calendar
Unfinished Business
The following resolutions coming up in regular order, as unfinished business, were each reported by the Clerk and adopted:
H. C. R. 2, Naming the bridge on Cleveland Avenue in Buckhannon, West Virginia, the "William S. O'Brien Memorial Bridge",
H. C. R. 3, Naming the bridge located 0.01 miles south of County Route 26 and located on Route 85 in the community of Van, West Virginia, the "Thom Cline Memorial Bridge",
H. C. R. 4, Requesting the Division of Highways to name the bridge in Curtin, West Virginia, the "Larry 'Joe' Markle Bridge",
H. C. R. 5, Naming the new Watson Bridge over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Watson Senior Citizens Bridge in Honor of Jim Costello",
H. C. R. 6, Naming the section of West Virginia Route 16 from the intersection of West Virginia Route 16 and West Virginia Route 5, North to the Ritchie County line the "Sheriff Park D. Richards Memorial Highway",
H. C. R. 7, Requesting the Division of Highways to name the bridge at McCauley in Hardy County, West Virginia, the "John and Freda Rudy Memorial Bridge",
H. C. R. 8, Requesting the West Virginia Division of Highways to name the bridge located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey Carson Memorial Bridge",
H. C. R. 9, Honoring the late Leonard R. Valentine by declaring the bridge numbered 54 - 1.60 on State Route 54 in Mullens, West Virginia the "Leonard Valentine 'Coach Val' Memorial Bridge",
H. C. R. 10, Requesting the West Virginia Division of Highways to name the bridge on I-64 at the intersection of Rt. 219 in Lewisburg, Greenbrier County, West Virginia the "Gary Wayne Martini Memorial Bridge",
H. C. R. 11, Requesting the Division of Highways name the bridge located on Jakes Run Road off Frame Road in Elkview, West Virginia, the "Private James C. Summers Memorial Bridge",
H. C. R. 12, Requesting the Division of Highways name Bridge 4827 the "Sergeant George F. Eubanks Memorial Bridge",
H. C. R. 13, Requesting the Division of Highways to name the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia at the end of Posey Saxon Road, the "Sergeant Billy Ray Holmes Memorial Bridge",
H. C. R. 14, Requesting the West Virginia Division of Highways to name State Route 25 from Glen Jean to Thurmond in Fayette County the "Jon Dragan Road",
H. C. R. 15, Requesting the Division of Highways to name the bridge spanning the Gauley River on Route 39 near Summersville, Nicholas County, the "Brock's Bridge",
H. C. R. 16, Honoring the late Roy M. Lilly by declaring the one lane bridge on Route 12/7 entering Corinne Bottom, West Virginia at mile post 0.03 the "Roy M. Lilly Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on each of the foregoing resolutions and request concurrence therein.
Consent Calender
First Reading
H. B. 2136, Requiring the clerk of the county commission to execute, record and post a disclaimer relating to certain unlawful covenants; on first reading, coming up in regular order, was read a first time and ordered to second reading.
At 10:15 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, January 16, 2006.