hdj2006-1-19-09

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Thursday, January 19, 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, January 18, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. 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,
H. R. 4, Authorizing printing and distribution of Acts of the Legislature and Journals of the House of Delegates,
And reports the same back with the recommendation that they each be adopted.
Chairman Michael, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance 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.
Messages from the Executive
Mr. Speaker, Mr. Kiss, presented the 2004 annual report of the Commissioner of Banking in accordance with section twelve, article two, chapter thirty-one-a 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 Board of Examiners of Psychologists in accordance with section twelve-b, article one, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the Insurance Commission's schedule of maximum fees to be paid to providers of medical services rendered to workers with compensable injuries in accordance with section three, article four, chapter twenty-three of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the 2005 annual report of the James "Tiger" Morton Catastrophic Illness Commission, in accordance with the section two, article five-q, chapter sixteen 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 Medicine, in accordance with section twelve- b, 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 Director of Consumer Advocacy, in accordance with section sixteen, article two, chapter thirty-three of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Kiss, presented the annual report of the Joint Committee on Government Operations, in accordance with section twelve, article ten, chapter four of the code; which was filed in the Clerk's Office.
Resolutions Introduced
Delegate Pino offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 22 - "Requesting the West Virginia Division of Highways to name U.S. Route 16 from the Fayette - Raleigh County line to the city of Oak Hill the 'General C. Shirley Donnelly Memorial Road'."
Whereas, C. Shirley Donnelly was born in Jackson County, West Virginia on February 2, 1895; and
Whereas, C. Shirley Donnelly was raised in frugal circumstance similar to most West Virginians of the era; and
Whereas, C. Shirley Donnelly attended a one room school at Cedar Point until his family moved to Charleston, West Virginia, where he graduated from Charleston High School in 1915; and
Whereas, C. Shirley Donnelly decided to go into the ministry at an early age and fulfilled that desire by completing graduate work at Union Theological Seminary in Richmond, Virginia; and
Whereas, Reverend C. Shirley Donnelly pastored at Oak Hill Baptist Church for twenty-one years and at the Crab Orchard Baptist Church for twenty-five years after returning from World War II; and
Whereas, During Reverend Donnelly's military service, he was Head Chaplain over six hundred army chaplains of all faiths; and
Whereas, At the age of thirty-four, C. Shirley Donnelly was promoted to the rank of Captain, fulfilling a goal he had set for himself as a youth, and eventually he was promoted to the rank of full colonel; and
Whereas, During C. Shirley Donnelly's military service, he lived in seventeen countries on four continents; and
Whereas, Colonel C. Shirley Donnelly was a friend and acquaintance of Colonel James H. O?Neil, army chaplain, who was told by General Patton to do something to stop the rain which had bogged down the efforts of Patton?s army, thus stirring Chaplain O?Neill to compose the famous prayer printed on the back of General Patton?s Christmas card as Patton credited the prayer with stopping the rain; and
Whereas, Colonel C. Shirley Donnelly was with General Patch in Augsburg, Germany when the surrender note of Goering was placed in the General?s hand thus placing him in the archives of history un-matched by any Fayette Countian of note; and
Whereas, After the war, C. Shirley Donnelly was promoted to the highest rank of General as a Chaplain in the National Guard in the United States on his eighty-fifth birthday; and
Whereas, In his spare time, C. Shirley Donnelly delighted readers in West Virginia and elsewhere by his prolific writings in book form and newspapers on a host of subjects and experiences; and
Whereas, Jim Comstock noted historian and publisher, once remarked that Fayette County and all of West Virginia should be thankful that C. Shirley Donnelly preserved so much local and state history; and
Whereas, C. Shirley Donnelly departed this life on August 31, 1982 and is interred at Blue Ridge Memorial Gardens in Prosperity, West Virginia; and
Whereas, C. R. Hill chronicled the many achievements of C. Shirley Donnelly as Historian, Minister, Soldier, Farmer and Banker in book form, giving clear and convincing evidence that the contributions of C. Shirley Donnelly should not soon be forgotten; and
Whereas, Those contributions make C. Shirley Donnelly worthy and deserving of having his name set before his fellow Fayette Countians and the motoring public, commemorating his exemplary life in the hope that it might be emulated; and
Whereas, C. Shirley Donnelly frequently traveled over a portion of U.S. Route 16 as he pastored at the Crab Orchard Baptist Church and as he wrote countless articles for the Beckley newspaper; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby requested to name the portion of U.S. Route 16 from the Fayette - Raleigh County line to the city of Oak Hill the "General C. Shirley Donnelly Memorial Road," and that the Division of Highways is hereby requested to erect appropriate signs so designating that portion of U.S. Route 16; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the West Virginia Division of Highways.
Delegates Perry, Amores, Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Campbell, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Fragale, Frederick, Hall, Hamilton, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Leggett, Long, Longstreth, Louisos, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Spencer, Stalnaker, Stemple, Stephens, Stevens, Susman, Swartzmiller, Tabb, Talbott, Tansill, Rick Thompson, Trump, Tucker, Varner, Wakim, Walters, Webster, Wells, G. White, H. White, Williams, Wysong, Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 23 - "Requesting the Division of Highways name the portion of U. S. Route 16 beginning at Glen Jean/Fayette county and ending in Oak Hill, Fayette County, the 'Hank Williams, Sr., Memorial Road'."
Whereas, Hank Williams, Sr., traveled over the portion of U. S. Route 16 beginning at Glen Jean/Fayette county and ending in Oak Hill, Fayette County, shortly before his death near Oak Hill on the night of December 31, 1952; and
Whereas, The haunting melodies created by Hank Williams, Sr., have touched the souls of so many throughout the United States; and
Whereas, The contributions of Hank Williams, Sr., have helped propel country music into the billion-dollar industry it is today; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests that the Division of Highways name the portion of U. S. Route 16 beginning at Glen Jean/Fayette county and ending in Oak Hill, Fayette County, the "Hank Williams, Sr., Memorial Road"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the Governor.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Beach, Hrutkay, Caputo, Martin, Pethtel, Eldridge and Fragale:

H. J. R. 101 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 13, article VI thereof, relating to eligibility for election to the Legislature; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss, and Delegates Iaquinta, Crosier, Miley, Hartman, Trump, Fragale, Argento, Yost and Barker:

H. B. 4050 - "A Bill to amend and reenact §15-12-10 of the Code of West Virginia, 1931, as amended, relating to sex offenders generally; setting limitations on the residency of convicted sex offenders; and providing a penalty for violations"; to the Committee on the Judiciary.
By Delegates Beach, Perry, Paxton, Eldridge and Fragale:
H. B. 4051 - "A Bill to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to raising the minimum wage"; to the Committee on the Judiciary then Finance.
By Delegates Longstreth, Poling, Caputo, Manchin and Martin:
H. B. 4052 - "A Bill to amend and reenact §48-27-307 of the Code of West Virginia, 1931, as amended, relating to domestic violence generally and providing that alleged victims may have a person of their choice to accompany them when being interviewed by law-enforcement personnel or the prosecuting attorney"; to the Committee on the Judiciary.
By Delegates Swartzmiller, Beach, Kominar, Crosier, Pethtel,
Ennis, Varner and Mahan:

H. B. 4053 - "A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to providing that active military personnel stationed in this state need not obtain a hunting, fishing or trapping permit"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegate Amores:
H. B. 4054 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-6-13, relating to authorizing the Secretary of State to train, appoint and pay expenses for volunteer election observers"; to the Committee on the Judiciary then Finance.
By Delegate Amores:
H. B. 4055 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-4C-1, §30-4C-2, §30-4C-3, §30-4C-4 and §30-4C-5, all relating to the regulation of advertising by dentists"; to the Committee on Government Organization then the Judiciary.
By Delegate Amores:
H. B. 4056 - "A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C- 5-2 of said code; to amend and reenact §60-3-22 of said code; to amend and reenact §60-3A-25 of said code; to amend and reenact §60-6-9 of said code; to amend and reenact §60-7-12 of said code; and to amend and reenact §60-8-20 of said code, all relating to the issuance of orders of interdiction prohibiting the purchase of alcoholic liquors, nonintoxicating beer and wine by persons convicted of alcohol related offenses; issuance of interdiction orders for a conviction of driving under the influence of alcohol or controlled substances or drugs; issuance of interdiction orders for a conviction of appearing in a public place in an intoxicated condition; procedure for the issuance of orders of interdiction; and unlawful sale to persons who are known to be the subject of orders of interdiction"; to the Committee on the Judiciary.
Consent Calendar
Second Reading
H. B. 4038, Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 6), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Schoen.
Absent And Not Voting: Ferrell, Leach, Schadler and Webster.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 7), 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: Ferrell, Leach, Schadler and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4038) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

The Clerk then reported the following bills:

H. B. 4048, Placing limitations on the use of eminent domain,
And,
H. B. 4049, Relating to state funded student financial aid.
The Clerk next announced that, pursuant to House Rule 70a, Delegate Trump had requested H. B. 4048 and H. B. 4049 be removed from the Consent Calendar and placed upon the House Calendar.
First Reading
Com. Sub. for 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; on first reading, coming up in regular order, was read a first time and ordered to second reading.
House Calendar
Second Reading
Com. Sub. for H. B. 4011, Relating to the creation of a special unit within the state police specializing in child abuse and neglect investigations; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 8), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Lane, Sobonya and Stevens.
Absent And Not Voting: Ferrell, Leach, Schadler and Webster.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 9), 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: Ferrell, Leach, Schadler and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4011) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4012, Child Abuser Registration Act; on second reading, coming up in regular order, was read a second time. On motion of Delegates Mahan, Beane and Ennis, the bill was amended on page nine, by striking out section six in its entirety and inserting in lieu thereof the following:
"§15-13-6. Distribution and disclosure of information.
(a) Within five business days after receiving any notification as described in this article, the State Police shall transmit a copy of the notification statement to the Department of Health and Human Resources.
(b) Within five business days after receiving any notification pursuant to the provisions of subsection (a) of this section, the Secretary of the Department of Health and Human Resources shall distribute a copy of the notification statement to:
(1) The supervisor of each county and municipal law-enforcement office and any campus police department in the city and county where the registrant resides, is employed or attends school or a training facility;
(2) The county superintendent of schools where the registrant resides, is employed or attends school or a training facility; and
(3) The Child Protective Services office charged with investigating allegations of child abuse or neglect in the county where the registrant resides, is employed or attends school or a training facility.
(c) The State Police may furnish information and documentation required in connection with the registration to authorized law enforcement, campus police and governmental agencies of the United States and its territories, of foreign countries duly authorized to receive the same, of other states within the United States and of the state of West Virginia upon proper request stating that the records will be used solely for law enforcement-related purposes. The State Police may disclose information collected under this article to federal, state and local governmental agencies responsible for conducting preemployment checks.
(d) An elected public official, public employee or public agency is immune from civil liability for damages arising out of any action relating to the provisions of this section except when the official, employee or agency acted with gross negligence or in bad faith."
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 10), and there were--yeas 90, nays 6, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Duke, Frich, Lane, Schoen, Sobonya and Stevens.
Absent And Not Voting: Ferrell, Leach, Schadler and Webster.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 11), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. H. B. 4012) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4037, Correcting definitions applicable to the assessment of real property; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 12), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Border, Duke, Lane, Leggett, Schoen, Sobonya and Stevens.
Absent And Not Voting: Ferrell, Leach and Schadler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
Numerous inquiries were addressed to the Chair concerning House Rule 49 and the ownership of a second home by a Member voting on the current bill before the House.
The Speaker requested those Members owning more than one home in West Virginia to so indicate to the Clerk, and the following indicated such ownership:
Delegates Amores, Argento, Azinger, Beane, Brown, Butcher, Campbell, Canterbury, Caputo, Crosier, Eldridge, Evans, Frederick, Hamilton, Hartman, Hatfield, Howard, Hrutkay, Hunt, Kominar, Leggett, Longstreth, Manchin, Moore, Palumbo, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Rowan, Schoen, Spencer, Stalnaker, Susman, Tabb, Talbott, Rick Thompson, Trump, Tucker, Walters, Wells, G. White, H. White and Williams.
The Speaker stated that the foregoing Members belonged to a class of persons having a direct pecuniary interest in the bill and, inasmuch as they were each members of such a large class, they were each required to vote on the passage of the bill.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 13), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4037) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 14), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach and Schadler.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4037) take effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4040, Requiring voter approval prior to closure and consolidation of certain schools; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Campbell, Williams and Trump the bill was amended on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-13a. School closing or consolidation.
(a) In addition to the provisions of section thirteen of this article, prior to any final decision of a county board on any proposal to close or consolidate any school, except in cases in which a construction bond issue was passed by the voters and which bond issue included the schools to be closed or consolidated, the county board shall:
(1) Prepare and reduce to writing its reasons and supporting data regarding the school closing or consolidation. The written reasons shall:
(A) Be available for public inspection in the office of the county school superintendent during the thirty days preceding the date of the public hearing required by this section;
(B) Be delivered in duplicate to the:
(i) Principal of a school which is proposed to be closed or consolidated, and of any school which will receive the students who are relocated as a result of the closure or consolidation; and
(ii) The chair, if any, of the local school improvement council representing a school which is proposed to be closed or consolidated, and any school which will receive the students who are relocated as a result of the closure or consolidation; and
(C) Comply with the rule promulgated pursuant to subsection (b) of this section;
(2) Provide notice for a public hearing. The notice shall be advertised through a Class III legal advertisement, pursuant to the provisions of article three, chapter fifty-nine of this code for the three weeks prior to the date of the hearing. The notice shall contain the time and place of the hearing and the proposed action of the county board. Additionally, the notice shall contain the statement that the hearing location is subject to change if at the time the meeting is called to order, it is determined that the meeting location is of insufficient size. A copy of the notice shall be posted at any school which is proposed to be closed or consolidated, and at any school which will receive the students who are relocated as a result of the closure or consolidation, in conspicuous working places for all professional and service personnel to observe. The notice shall be posted at least thirty days prior to the date of the hearing;
(3) Conduct a public hearing which meets the following criteria:
(A) At least a quorum of the county board members and the county superintendent from the county wherein an affected school is located shall attend and be present at the public hearing;
(B) Members of the public may be present, submit statements and testimony, and question county school officials at the public hearing;
(C) A separate hearing shall be held for each school closed or consolidated;
(D) More than one hearing may be held during any one day;
(E) The hearing shall be held in a facility of sufficient size to accommodate all those who desire to attend;
(F) If, at the time the hearing is called to order, it is determined by the board that insufficient space is available to accommodate all those who desire to attend, the hearing shall be recessed and moved to a new location of sufficient size to accommodate all those who desire to attend. If the meeting location is changed due to insufficient capacity, the county board shall cause the new meeting location to be posted at the original meeting location; and
(G) The hearing is subject to the requirements set forth in the rule promulgated in accordance with subsection (c) of this section; ~~and~~
(4) Receive findings and recommendations from any local school improvement council representing an affected school relating to the proposed closure or consolidation prior to or at the public hearing; and
(5) For schools containing any of the grade levels eight or below with an average of thirteen or more students per grade level, if the closure or consolidation involves the construction of a new school building or the addition of two or more classrooms to an existing school building, if a petition conforming to the requirements of subsection (f) of this section is filed within sixty days following the public hearing required by this section, then the question of closing and consolidating the schools shall be submitted to the voters of the county and ratified by a majority of all votes for and against the question. The provisions of this subdivision do not apply to closures or consolidations approved by the county board prior to the effective date of this section, to closures or consolidations resulting from the destruction or unserviceability of school buildings due to flood, fire or other natural disaster, to closures or consolidations where the citizens of the county have already approved a bond issue or an excess levy called for the purpose of constructing a new school building or for the addition of two or more classrooms to an existing school building, or to closures or consolidations otherwise excepted by this section.
(b) The state board shall promulgate a rule, in accordance with the provisions of article three-b, chapter twenty-nine-a of this code, detailing the type of supporting data a county board shall include as part of its written statement of reason required by this section for school closing or consolidation. The rule shall require at least the following data:
(1) The transportation time of the affected students; and
(2) Any data required by the state board to amend a county's comprehensive educational facilities plan.
(c) The state board shall promulgate a rule, in accordance with the provisions of article three-b, chapter twenty-nine-a of this code, that establishes the procedure to be followed by county boards when conducting a public hearing on the issues of school consolidation and closing.
(1) The rule shall provide standards for at least the following:
(A) The appropriate forum and venue for public hearings to be held;
(B) A process for affording interested parties the opportunity for their perspectives to be expressed;
(C) Establishing, where necessary, reasonable restrictions on the amount of time allowed each individual desiring to speak so that all parties wishing to speak at the hearing are given an equal amount of time; and
(D) Scheduling and organizing public hearings when more than one school within a county is proposed for consolidation or closure.
(2) It is the purpose of this subsection to provide for uniformity among the counties in the procedures followed when scheduling, organizing and conducting public hearings on the issues of school consolidation and closure.
(d) The state board shall promulgate the rules required by this section by the first day of June, two thousand two.
(e) Any document prepared, notice given, hearing conducted or action taken prior to the effective date of the amendments made to this section during the two thousand two regular session of the Legislature, is considered sufficient if the county board complied with the terms of this section effective at the time and the county board violates no other provision of law which would invalidate the document, notice, hearing or actions.
(f) The petition required to trigger the county-wide election referred to above must be signed by a minimum of twenty percent (20%) of the registered voters in the county. Each page of the petition shall contain the following language placed conspicuously at the top of the page:
'We, being registered voters of the County of ________________, object to the closure of _______________ (name of the school), and we petition for an election by the county to determine whether or not the school may be closed.'
The petition shall be delivered to the office of the clerk of the county commission of the county who, upon receiving the same shall have the following duties:
(1) Within five days of receipt of the petition, notify the board of education in writing that a petition objecting to the closure of the school in question has been received;
(2) Within thirty days from receipt of the petition, verify whether or not the petition has been signed by the requisite percentage of the registered voters of the county;
(3) Within five days after determining whether or not the petition has been signed by the requisite percentage of the registered voters of the county, notify the board of education in writing as to whether or not the petition is sufficient to mandate an election before the school may be closed."
There being no further amendments, the bill was then ordered to engrossment and third reading.
Delegate Varner moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 15), and there were--yeas 90, nays 6, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Duke, Lane, Schoen, Sobonya, Stevens and Susman.
Absent And Not Voting: Ferrell, Leach, Schadler and Staton.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 16), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Duke, Houston and Stevens.
Absent And Not Voting: Argento, Ferrell, Leach and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4040) passed.
On motion of Delegates Campbell, Williams and Trump, the title of the bill was amended to read as follows:
H. B. 4040 - "A Bill to amend and reenact §18-5-13a of the code of West Virginia, 1931, as amended, relating to requiring voter approval prior to closure and consolidation of certain schools with grades eight or below when new building construction or addition of two or more classrooms are involved and the closure or consolidation was not included in a local bond issue or excess levy approved by the voters; exceptions; requiring petition of voters for election to be held."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4048, Placing limitations on the use of eminent domain;
on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 17), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Brown, Duke, Leggett, Schoen, Sobonya and Stevens.
Absent And Not Voting: Ferrell, Leach and Schadler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
Having been engrossed, the bill was then read a third time and put upon its passage.
Delegates Trump, Armstead, Staton and Lane stated that their law firms were at times engaged in eminent domain proceedings and requested to be excused from voting, under the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen from voting on the bill, stating that the effect of the passage of the bill did not guarantee a personal impact on the Members, nor did the passage of the bill necessarily guarantee an impact on their law firms.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 18), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Leach and Schadler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4048) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4049, Relating to state funded student financial aid; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 19), and there were--yeas 85, nays 12, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Border, Carmichael, Duke, Frederick, Frich, Overington, Porter, Rowan, Schoen, Sobonya, Stevens and Sumner.
Absent And Not Voting: Ferrell, Leach and Schadler.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
Following inquiries to and responses from the Chair relative to the bill and the proceedings held thereon, at the request of Delegate Staton, and by unanimous consent, further consideration of the bill on third reading was laid over until tomorrow.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Leach and Schadler.
Miscellaneous Business
Delegate Blair asked and obtained unanimous consent that the remarks of Delegate Carmichael concerning the need for tax reform be printed in the Appendix to the Journal.
Delegate Rick Thompson asked and obtained unanimous consent that the remarks of Delegate Perdue concerning pharmaceutical legislation be printed in the Appendix to the Journal.
At 12:40 p.m., the House of Delegates adjourned until 10:00 a.m., Friday, January 20, 2006.