hdj2006-2-1-22

________*__________

Wednesday, February 1, 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 31, 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, bills were introduced (Originating in the Committee on Government Organization and reported, by unanimous vote of the committee, with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates Beane, Ennis, Barker, Manchin, Blair and Frich:
H. B. 4349 - "A Bill to amend and reenact §17A-2-24 of the Code of West Virginia, 1931, as amended, related to continuation of the Division of Motor Vehicles,"
And,
By Delegates Beane, Ennis, Argento, Blair, Frich and Rowan:
H. B. 4350 - "A Bill to amend and reenact §48-26-1102 of the Code of West Virginia, 1931, as amended, related to continuation of the Family Protection Services Board."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4349 and H. B. 4350) 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. 4022, Providing circumstances when health care facilities and providers are not required to perform cardiopulmonary resuscitation,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4022 - "A Bill to amend and reenact §16-30-3, §16-30-5, §16-30C-2, §16-30C-3, §16-30C-6, and §16-30C-9 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Health Care Decisions Act and the West Virginia Do Not Resuscitate Act providing circumstances when health care facilities and providers are not required to perform cardiopulmonary resuscitation,"
With the recommendation that the committee substitute do pass.
Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4308, Limiting the definition of conviction for purposes of administrative license revocation proceedings,
And reports the same back with the recommendation that it do pass.
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
Com. Sub. for S. B. 7 - " A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5 and §29-29-6, all relating to state flood protection planning; providing legislative findings; defining terms; establishing the State Flood Protection Planning Council and authorizing certain duties; establishing State Flood Protection Planning Advisory Committee and setting forth its duties; and reporting to the Joint Legislative Oversight Commission on Water Resources"; which was referred to the Committee on Government Organization then 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
Com. Sub. for S. B. 51 - "A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to permitting persons to file for a name change who were born in, married in and previously were residents in the county for at least fifteen years where the petition is brought"; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegate Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 29 - "Requesting the U.S. House of Representatives and those members of Congress who represent our state to defeat the medicaid cuts to low and middle class Americans."
Whereas, A conference agreement on the Federal Budget cutting initiatives for poor and middle class families was passed by the House of Representatives immediately before Christmas; and
Whereas, The U.S. Senate made changes that require the House of Representatives once again to vote on this measure; and
Whereas, The conference report would permit states to cut back on benefits for nearly all of the 28 million children now enrolled in Medicaid; and
Whereas, The conference report cuts a net amount of $12.7 billion from the federal student loan programs, representing the largest cut to student aid in the history of the programs; and
Whereas, The conference report allows states to impose substantial and harmful cost- sharing charges on Medicaid beneficiaries; and
Whereas, The conference report would overburden, and possibly bankrupt, already strained public hospitals and threaten access to care for many Medicaid beneficiaries; and
Whereas, The conference report contains cuts in child welfare that will make it more difficult for grandparents and other relatives to take care of their own grandchildren; and
Whereas, The conference report imposes particularly unrealistic work requirements on two- parent families; and
Whereas, The conference report cuts $1.5 billion from child support enforcement over the next five years which the Congressional Budget Office estimates would result in $8.4 billion of reduced collection of child support for single parents over the next decade; and
Whereas, The conference report puts the Student Loan Program at risk by making the funding no longer mandatory; and
Whereas, The conference report would make it harder for low-income seniors to obtain needed long-term care; and
Whereas, The new TANF work requirements included in the conference report are more expensive for states; and
Whereas, For the first time since Medicaid began the conference agreement allows states to deny contraception to poor women; and
Whereas, The savings resulting from these cuts in critical federal expenditures are intended to find tax breaks for the wealthiest Americans.
Resolved by the Legislature of West Virginia:
That the U.S. House of Representatives and those members of Congress who represent our state are requested to defeat these cuts and to defeat any future measure aimed at cutting critical expenditures that benefit low and middle income Americans in order to fund tax breaks for the wealthiest citizens; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the West Virginia Congressional Representatives.
Delegates Brown, Proudfoot, DeLong, Hrutkay, Spencer, Hatfield, Wells, Paxton, Palumbo and Amores offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 30 - "Naming the bridge located on Point Lick Drive in Campbells Creek, West Virginia, which traverses Campbells Creek, the 'Jimmie D. Bays Bridge'."
Whereas, Jimmie D. Bays was a native and resident of Campbells Creek, West Virginia, being born in 1932; and
Whereas, Mr. Bays was a member of Company H, 2^nd Battalion, 9^th Infantry Regiment, Second Infantry Division in the United States Army, where he served with great distinction, displaying great acts of heroism as a Private First Class during the Korean Conflict; and
Whereas, Private Bays was killed in action on September 5, 1950 while, on behalf of United Nations forces, he was defending South Korean soil from an incursion of an overwhelmingly superior numerical force of communist North Korean invaders; and
Whereas, As the result of his great acts of gallantry upon the field of battle, Private Bays was awarded posthumously a Purple Heart, the Combat Infantryman's Badge, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal and the Republic of Korea War Service Medal; and
Whereas, The magnitude and scope of Private Bays' acts of gallantry exist, undiluted by the passage of time, and are best exemplified by the ultimate sacrifice he selflessly made having but barely reached the chronological threshold of adulthood and having not yet attained the prime of his youth; a greatly premature passage from the earthly bonds of life and family for one hardly above the age of eighteen; and
Whereas, Private Bays' acts of great courage and gallantry should not go without recognition and tribute from this Legislative body; and
Whereas, As a small token of the entirety of this Legislative body's recognition, gratitude and respect for Private Bays' selfless acts of heroism, undertaken on behalf of his fellow countrymen and citizens of the world, on a foreign battlefield many thousands of miles away from his beloved West Virginia, it is hereby decreed that the bridge located on Point Lick Drive in Campbells Creek, West Virginia, which traverses Campbells Creek, be named the 'Jimmie D. Bays Bridge'; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge located on Point Lick Drive in Campbells Creek, West Virginia, which traverses Campbell's Creek, the 'Jimmie D. Bays Bridge'; and, be it
Further Resolved, That the Division of Highways is hereby requested to post signs at each entrance of the above-designated bridge, with words, printed in bold and prominent fashion, designating the bridge as the 'Jimmie D. Bays 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 Mr. Bays' surviving brother, Doyle Bays, the Department of the United States Army in Washington, D.C., and to the State Commissioner of Highways.
By Mr. Speaker, Mr. Kiss, and Delegates Hamilton, Poling, Stalnaker, Boggs, Hartman, Proudfoot, Stevens, Talbott, Tansill, Williams, Amores, Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Beane, Blair, Border, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Fragale, Frederick, Frich, Hall, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Leggett, Long, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Porter, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Spencer, Staton, Stemple, Stephens, Sumner, Susman, Swartzmiller, Tabb, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wakim, Walters, Webster, Wells, G. White, H. White, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 31 - "Requesting the Division of Highways to name that portion of Sago Road in Upshur County, beginning at the intersection of Sago Road and State Route 20 and ending at the mine cleaning plant at Sago, the 'Coal Miner's Memorial Roadway' in honor of the twelve miners who died as a result of the explosion in the Sago mine on January 2, 2006."
Whereas, The twelve miners who did not survive the disaster at Sago Mine and the thirteenth miner who was seriously injured were fathers, sons and husbands - some of them had been in the coal mining business all their adult lives and were close to retirement and some of them were in their twenties - all of them were engaged in work that is inherently dangerous but which offers a chance for a better future; and
Whereas, The messages left for their families and friends by the men who lost their lives in the Sago mine disaster remind us of the strength that faith in God gives us and the courage it takes to engage in inherently dangerous work for benefit of the country; and
Whereas, Every household and business in this country relies to some degree on coal generated electric power which is essential to the economic viability of this country; and
Whereas, West Virginians are familiar with loss of life from mining disasters, but the death of these miners is especially difficult since mine safety had been significantly improved in recent years and the early reports of rescue efforts indicated that they had survived as a result of a miracle; and
Whereas, Thomas 'Tom' Paul Anderson, Alva Martin 'Marty' Bennett, Jim Bennett, Jerry Lee Groves, George Junior Hamner, Terry Michael Helms, Jesse Jones, David Lewis, Martin Toler Jr., Fred G. 'Bear' Ware Jr., Jackie Lynn Weaver and Marshall Winnans died while engaged in an honorable and difficult occupation, died in dignity and with grace, and died as the result of a terrible mine explosion before their time; and
Whereas, We should remember and honor these men not only for their fellow miner Randal McCloy Jr., who survived the explosion, not only for the wives, sons and daughters, parents and family members who survive now without them, not only for their friends and neighbors but for all West Virginians; and
Whereas, We should remember and honor these men by making sure that the disaster that took their lives does not occur again in any coal mine in this state and by naming a roadway in their honor as a marker for this state and the country to begin the process of making coal mining a less dangerous occupation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name that portion of Sago Road in Upshur County, beginning at the intersection of Sago Road and State Route 20 and ending at the mine cleaning plant at Sago, the 'Coal Miner's Memorial Roadway' and post signs thereon with words, printed in bold and prominent fashion, designating the road as the 'Coal Miner's Memorial Roadway' and listing the names of the twelve men who died in the Sago mine disaster on January 2, 2006; 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 families of the victims of the Sago mine disaster and to the Commissioner of Highways.
Delegates Longstreth, Caputo, Manchin, Barker, Beach, Brown, Butcher, Carmichael, Crosier, DeLong, Doyle, Eldridge, Fragale, Frich, Hatfield, Hrutkay, Marshall, Martin, Miley, Overington, Paxton, Perdue, Pethtel, Poling, Talbott, Rick Thompson, Ron Thompson, Tucker, Walters, G. White, Williams and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 32 - "Designating December 6 annually as 'Miner's Day' in appreciation, honor and remembrance of the accomplishments and sacrifices of miners in this State."
Whereas, The worst mining disaster in American history occurred in the community of Monongah, West Virginia on December 6, 1907, resulting in the deaths of 361 miners; and
Whereas, This year in West Virginia mining disasters have occurred on January 2, 2006, at Tallmansville in Upshur County, and on January 20, 2006, at Melville in Logan County, resulting in the deaths of 14 brave miners; and
Whereas, The total number of West Virginia miners who have perished in mining disasters exceeds 2626; and
Whereas, These disasters are sober reminders of the risks that miners are routinely exposed to in their work; therefore, be it
Resolved by the Legislature of West Virginia:
That December 6 be designated annually as 'Miner's Day' in appreciation, honor and remembrance of the accomplishments and sacrifices of miners in this State; and, be it
Further Resolved, That on December 6 each year part of the day be set aside for quiet contemplation to honor those brave miners who have perished in our State's mines; and, be it
Further Resolved, The Clerk of the House of Delegates is hereby requested to forward a copy of this resolution to the Governor.
Delegates Overington, Blair, Doyle, Duke, Rowan, Tabb, Trump and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 33 - "Requesting the State of West Virginia and the United States Federal Government fully recognize the counties of Berkeley and Jefferson in the State of West Virginia as part of the beautiful and historic Shenandoah Valley."
Whereas, The State of West Virginia was originally part of the Commonwealth of Virginia until June 20, 1863, and the counties of Berkeley and Jefferson were not officially annexed by West Virginia until 1872 upon the ruling of the United States Supreme Court; and
Whereas, The Shenandoah Valley begins at the Potomac River which forms the northern boundary along Berkeley and Jefferson counties and continues southwestward to the southern boundary near the city of Roanoke, Virginia. The valley is flanked to the east by the Blue Ridge Mountains (in eastern Jefferson County) and to the west by the Allegheny Mountains (in western Berkeley County). The Shenandoah River flows northward and empties into the Potomac River at Harpers Ferry, Jefferson County; and
Whereas, The entire valley was known as the "Breadbasket of the Confederacy" because of its richness in fertile soils that sustains life for farms and orchards; and
Whereas, In 1996, the United States Congress established the "Shenandoah Valley Battlefields National Historic District and Commission". At that time, Berkeley and Jefferson Counties were not included as a part of the program; and
Whereas, Berkeley and Jefferson counties should be eligible to become part of the "Shenandoah Valley Battlefields National Historic District and Commission" and be eligible for any other federal programs that are available for the Shenandoah Valley; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the State of West Virginia and the United States Federal Government fully recognize the counties of Berkeley and Jefferson in the State of West Virginia as part of the beautiful and historic Shenandoah Valley; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, West Virginia's congressional delegation, the Governor, the County Commissions of Berkeley and Jefferson counties and the mayors and city councils of Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Shepherdstown.
On motion for leave, Joint Resolutions were introduced, read by their titles and referred as follows:
By Delegates Overington, Schoen, Lane, Stevens, Blair, Carmichael, Duke, Howard, Sobonya, Sumner and Walters:

H. J. R. 108 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section nine, article three thereof, relating to prohibiting the taking of private property for private use; 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.
By Delegates Overington, Lane, Armstead, Blair, Border, Duke, Porter, Roberts, Schoen, Stevens and Sumner:

H. J. R. 109 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to changing the basis for determining the homestead exemption; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of the proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegate Tansill offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 8 - "Endorsing the 'AKC Canine Good Citizen Program' and supporting its effort to promote responsible dog ownership in the State of West Virginia."
Whereas, Dogs play an important role in the lives of many West Virginia citizens by serving as companions, therapy dogs and assistance dogs; and
Whereas, It is recognized that dog related problems are most often caused by irresponsible owners; and
Whereas, Responsible dog ownership is encouraged in West Virginia and responsible dog owners should properly control and provide adequate training for all dogs, regardless of breed; and
Whereas, Canine Good Citizen Programs identify and officially recognize those dogs who behave as members in good standing with the community; and
Whereas, The Canine Good Citizen Program, which was developed by the American Kennel Club, teaches pet owners that dogs should exhibit 'good citizen' behaviors in the presence of other people and animals, in both the home and the community; and
Whereas, With pet bites and animal behavior problems on the rise, there is a real need for dogs to remain well-behaved community members; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby encourages dog training programs and encourages kennel clubs to provide training and education for community pet owners so more dogs will become 'Canine Good Citizens'; and, be it
Further Resolved, That the House of Delegates hereby endorses the 'AKC Canine Good Citizen Program' and supports its effort to promote responsible dog ownership in the State of West Virginia.
Delegates Overington, Louisos, Trump and Duke, Anderson, Armstead, Azinger, Blair, Canterbury, Carmichael, Ellem, Evans, Frich, Hall, Hamilton, Howard, Lane, Leggett, Porter, Roberts, Romine, Sobonya, Stevens, Sumner, Tansill and Wakim offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 9 - "Amending the rules of the House of Delegates, relating to compelling a standing committee to take up and report out a bill."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by adding thereto a new rule as follows:
Compelling Action on a Bill
82a. Upon delivery to a standing committee of a petition signed by twelve delegates which requests immediate action on a bill then before the committee, that committee and any standing committee to which the bill may be referred to as a second or subsequent reference shall within a total of no more than seven calendar days after the date of the petition take up the bill and report it out with: (1) No recommendation; (2) a recommendation that it do pass; or (3) a recommendation that it do not pass. No delegate may sign more than one compelling action petition during each year. Within five calendar days after a bill is reported out of last referred standing committee under the provisions of this rule, the committee on rules shall place the bill on the regular house calendar if the special house calendar is not in effect and on the special calendar if it is in effect for consideration by the House on the next legislative day. For the purpose of this rule, a legislative day is a day in which the House of Delegates is in session.
Delegates Butcher, Eldridge, Ferrell and Hrutkay offered the following resolution, which was read by the Clerk, as follows:
H. R. 10 - "Commemorating and celebrating the life of Ancil Lee Miller (a.k.a.: A. Lee Miller), husband, father, grandfather, U.S. Army veteran, coal miner, businessman and public servant."
Whereas, A. Lee Miller was born on May 9, 1944 in Boone County to the late Burnice and Dorothy Vickers Miller; and
Whereas, Mr. Miller was married to BarBara Rose on July 9, 1969, who survives him in death; and
Whereas, Ancil Miller was the proud father of three children: Misty Lee Miller Price of Logan County; Wendy Marie Miller, an attorney in Houston, Texas and Aaron LeEarl Miller of Ashland, Kentucky; and
Whereas, Mr. Miller has been honored in death with the birth of two grandchildren, one bearing his namesake. A'Lee Jean-Marie Miller is an 8^th grade honor student and varsity tennis, basketball and softball player at Logan Middle School in Logan County. Grandson Robert LeEarl Price is a second grade student at Verdunville Grade School in Logan County; and
Whereas, A proud native of Boone County, Ancil Miller was educated in the Boone County public school system and Southern West Virginia Community College; and
Whereas, He served his country in the United States Army as a decoder and, during his last two years of service, as an honor guard in Washington, D.C.; and
Whereas, Mr. Miller was active in his community as a member of Central United Baptist Church, The Moose, American Legion, Chapmanville Kiwanis Club, the Small Business Association, United Mine Workers Association Local 9603 and the National Rifle Association; and
Whereas, Mr. Miller not only provided for his family as a coal miner for over 20 years, but also to others as owner and operator of A. L. Miller and Son Excavating, designing many homes in Logan County. He was an adept equipment operator. Prior to starting his business, Mr. Miller operated an electric shovel for Amherst Coal Company, winning an award for the most loads processed in one shift, and personal congratulations from the Japanese manufacturers of the electric shovel; and
Whereas, Ancil Miller furthered his service to his community by seeking and winning election to the West Virginia House of Delegates for the 16^th District, serving Boone, Lincoln and Logan counties, in 1986. As a Delegate, Mr. Miller served on the House Constitutional Revision, Education and Political Subdivisions committees, and greatly appreciated and loved the legislative process; and
Whereas, Mr. Miller was successful in winning re-election to the House in 1988. Shortly after beginning his second term, Mr. Miller was tragically killed in a construction accident on July 10, 1989; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby memorializes and celebrates the life of A. Lee Miller and gratefully acknowledges his distinguished and dedicated career as public servant to his country and beloved state; and be it ,
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this resolution for his surviving family members.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 10) to a committee was dispensed with and it was taken up for immediate consideration and put upon its adoption.
The question being on the adoption of the resolution, the yeas and nays were taken (Roll No. 43), 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: Beane, Canterbury, Ferrell, Frederick, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 10) adopted.
Motions
The Clerk was in receipt of a written motion, by Delegate Lane, as follows: "That when H. B. 4334 is read for introduction, reference of the bill to a committee be dispensed with."
The Speaker stated that he would take up the foregoing motion at the proper time in today's proceedings.
Petitions
Delegate Hamilton presented a petition, signed by fifty-six residents of Upshur County, requesting an upgrade to Upshur County Route 30 and Route 32; which was referred to the Committee on Roads and Transportation.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Trump, Mahan and Brown:
H. B. 4312 - "A Bill to amend the Code of West Virginia, 1931, as amended, by amending and reenacting §48-19-105, relating to increasing the compensation of child support enforcement attorneys"; to the Committee on the Judiciary then Finance.
By Delegates Brown, Amores, Howard and Longstreth:
H. B. 4313 - "A Bill to amend the Code of West Virginia, 1931, as amended, by amending and reenacting §48-27-510, relating to petitions of appeal of domestic violence emergency protective orders"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Swartzmiller, Yost, Schadler, Wakim, Caputo, Amores, Michael, G. White and Wells:

H. B. 4314 - "A Bill to amend and reenact §29-22-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22A-10c of said code; to amend said code by adding thereto a new article, designated §29-22C-1, §29-22C-2, §29-22C-3, §29-22C-4, §29-22C-5, §29-22C-6, §29-22C-7, §29-22C-8, §29-22C-9, §29-22C-10, §29-22C-11, §29-22C-12, §29-22C-13, §29-22C-14, §29-22C-15, §29-22C-16, §29-22C-17, §29-22C-18, §29-22C-19, §29-22C-20, §29-22C-21, §29-22C-22, §29-22C-23, §29-22C-24, §29-22C-25, §29-22C-26, §29-22C-27, §29-22C-28, §29-22C-29, §29-22C-30, §29-22C-31, §29-22C-32, §29-22C-33 and §29-22C-34; and to amend and reenact §29-25-1 of said code, all relating to local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks; providing for Lottery Commission regulation of gaming activities; setting temporary percentage for Lottery Commission operation and administration expenses; providing for enhanced capital reinvestment fund; authorizing table games at licensed horse and dog racetracks; short title; providing for legislative findings and intent; conforming various statutory legislative findings related to the constitutionality of lotteries to recent decisions of the West Virginia Supreme Court of Appeals; requiring local option elections to approve licensure of authorized table games at racetrack facilities; defining certain terms; providing for duties and powers and administrative expenses of the Lottery Commission; appointment of Lottery Commission staff; providing for licenses to engage in activities related to operation of authorized table games at racetrack facilities; qualifications for applicant for license to operate authorized table games at a racetrack facility; floor plan requirements; management service contracts; coordination of licensed activities; license application requirements; racetrack table games licensee qualifications; license fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment, sale or pledge as collateral; audits and reports of licensee; duties of racetrack table games licensees; requirements for supplier licensees; requirements for license for employees of operator of racetrack with authorized table games; requirements for management services provider license; prohibition of false statements on application for license; grounds for denial, revocation or suspension of license; hearing procedures; expiration and renewal of licenses; renewal fees; information included on license; display and availability of license; notice of change of address; promulgation of legislative and emergency rules; providing for table games jobs creation requirements; commission approval of table games rules of play; determination of betting limits, operations and services by racetrack licensee; posting of betting limits; standards for offering complimentary goods and services; contract agreements and cost for law-enforcement services; warrantless searches of person and property; imposing privilege tax on adjusted gross receipts of racetrack with authorized table games; providing for filing and payment of taxes; creating State Racetrack Table Games Fund; distribution of amounts in fund; prohibited wagers and other activities; prohibiting wagers by certain persons; establishing criminal offenses and penalties; forfeiture of certain property; providing civil penalties; preemption of certain local laws and rules; and exemption from certain federal laws relating to shipment of gambling devices"; to the Committee on the Judiciary then Finance.
By Delegate Trump:
H. B. 4315 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to ensuring that medical workers have the right to refuse to participate in any abortion-related activity without fear of disciplinary action or dismissal; prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates G. White, Beane, DeLong, Ennis, Yost, Varner and Wakim:

H. B. 4316 - "A Bill to amend and reenact §14-2-2 of the Code of West Virginia, 1931, as amended, relating to eliminating the requirement that certain actions involving the state must be prosecuted in Kanawha County"; to the Committee on the Judiciary.
By Delegates Hamilton, Poling, Stalnaker, H. White and Butcher:

H. B. 4317 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-6-15, relating to prohibiting the willful obstruction or impediment of a funeral or interment service; prohibiting demonstrations at a funeral or interment service within one thousand feet of the funeral home, church or cemetery; and penalties"; to the Committee on the Judiciary.
By Delegates Stalnaker, H. White and Campbell:
H. B. 4318 - "A Bill to amend and reenact §61-8-14 of the Code of West Virginia, 1931, as amended, relating to redirecting fines for cemetery vandalism back to cemeteries to be used for damage repair"; to the Committee on the Judiciary.
By Delegates Stalnaker and H. White:
H. B. 4319 - "A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended, relating to equally compensating all state magistrates"; to the Committee on the Judiciary then Finance.
By Delegates Brown and Hatfield:
H. B. 4320 - "A Bill to amend and reenact §15-1B-26 of the Code of West Virginia, 1931, as amended, relating to the Air National Guard generally; and providing that a firefighter who is a member of the Air National Guard and who is medically disqualified from service in the Air National Guard shall not be discharged as a firefighter if he or she is able to perform the essential tasks of his or her employment and has been cleared to return to work by a physician"; to the Committee on the Judiciary.
By Delegates Perdue, Hatfield, Staton, Browning, Rick Thompson and Stemple:

H. B. 4321 - "A Bill to amend and reenact §16-35-3 and §16-35-7 of the Code of West Virginia, 1931, as amended, all relating to definitions and modifications of exemptions from notification and licensure with respect to lead abatement"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Rick Thompson and Perdue:
H. B. 4322 - "A Bill to amend and reenact §11-13V-4 of the Code of West Virginia, 1931, as amended, relating to removing the severance tax for timber"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Perdue, Manchin, Canterbury, Hatfield, Amores, Staton, Rick Thompson, Doyle, Paxton and Browning:

H. B. 4323 - "A Bill to amend and reenact §22A-1-21 of the Code of West Virginia, 1931, as amended, relating to providing a felony penalty for a mine inspector who knowingly and intentionally makes a false statement or representation in a report or other document regarding a mine safety violation, or who knowingly and intentionally fails to report a mine safety violation"; to the Committee on the Judiciary.
By Delegates Craig, Brown, Amores, Mahan, Azinger, Hrutkay, Moore, Armstead, Sobonya, Howard and Hamilton:

H. B. 4324 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to use of public funds and resources by public officials for promotional purposes; prohibiting elected or appointed officials from using their name or likeness on publicly-owned vehicles except for ceremonial purposes; prohibiting elected or appointed officials from using public funds to purchase, distribute or disseminate their name or likeness on promotional mementos, keepsakes or trinkets; and prohibiting elected or appointed officials from using public funds to distribute certain published materials bearing their name or likeness within sixty days prior to a primary or general election in which a public official is a candidate; and providing general exceptions thereto"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 4325 - "A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §18-7A-26t, relating to increasing supplemental benefits to certain teacher retirement annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegates Beach, Perry, Paxton, Kominar, Varner, Houston and Swartzmiller:

H. B. 4326 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §60A-11-1, §60A-11-2, §60A-11-3, §60A-11-4, §60A-11-5, §60A-11-6, §60A-11-7, §60A-11-8, §60A-11-9, §60A-11-10, §60A-11-11, §60A-11-12, §60A-11-13, §60A-11-14, §60A-11-15, §60A-11-16 and §60A-11-17, all relating to enacting the Drug Dealer Liability Act, providing a short title, purpose, findings and definitions; imposing liability for participation in the illegal drug market; allowing recovery of damages; allowing third party cases; designating illegal drug market target communities; allowing joinder of parties and comparative responsibility; providing contribution among and recovery from multiple defendants; designating standard of proof; addressing effect of criminal drug conviction; allowing prejudgment attachment and execution on judgments; providing statute of limitations; allowing representation of governmental entities; and allowing stays of action"; to the Committee on the Judiciary.
By Delegates Stalnaker, H. White and Campbell:
H. B. 4327 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-3A-7, relating to utilizing the Amber Alert system to locate missing Alzheimer's disease patients"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Howard, Sobonya, Craig and Morgan:
H. B. 4328 - "A Bill to amend and reenact §60A-4-401 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for manufacturing, delivering, or possessing with intent to manufacture or deliver any Schedule I or II narcotic drug"; to the Committee on the Judiciary.
By Delegates Boggs, Perry and Romine:
H. B. 4329 - "A Bill to amend and reenact §17A-3-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-7-12a of said code, all relating to proof of payment of personal property taxes as a prerequisite to registration or renewal of a vehicle or motorboat registration, providing for alternative methods of verification of tax payment, providing that current year tax receipt may substitute for previous calendar year tax receipt and eliminating the requirement that registrant who renews for two years furnish two previous calender year receipts"; to the Committee on the Judiciary then Finance.
By Delegate Louisos:
H. B. 4330 - "A Bill to amend and reenact §4-1-18 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-21-4g; and to amend said code by adding thereto a new section, designated §11-24-4b, all relating to providing limitations on budget increases; requiring eighty percent vote of House of Delegates for any such increase; and providing that one half of budget increase or surplus revenues in the General Revenue Fund remaining after one half of the surplus or revenues have been set aside for the revenue shortfall reserve fund shall be used to reduce personal and corporate income tax rates"; to the Committee on the Judiciary then Finance.
By Delegates Azinger and Beane:
H. B. 4331 - "A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-15-17 of said code, all relating to 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"; to the Committee on the Judiciary.
By Delegate Stalnaker, Poling, Campbell and H. White:
H. B. 4332 - "A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to capping premium increases for Public Employees Insurance Agency retirees at five percent"; to the Committee on Pensions and Retirement then Finance.
By Delegates Manchin, Proudfoot, Browning, Walters, Miley, Yost and Swartzmiller:

H. B. 4333 - "A Bill to amend and reenact §8A-11-1 of the Code of West Virginia, 1931, as amended, relating to municipal zoning generally; and prohibiting discrimination against the location of factory-built housing by units of local government"; to the Committee on Political Subdivisions then the Judiciary.
The Clerk then read the following bill by title:
By Delegates Lane, Porter and Sumner:
H. B. 4334 - "A Bill to amend and reenact §11-15-3a and §11-15-8 of the Code of West Virginia, 1931, as amended, all relating to eliminating the sales tax on food and imposing a sales tax on services except medical services, after the thirtieth day of June, two thousand six".
Delegate Lane arose and, pursuant to his written motion, moved that House Rule 95 be suspended and that reference to a committee be dispensed with.
Following debate, the Speaker again stated the question before the House.
On this question, the yeas and nays were taken (Roll No. 44), and there were--yeas 25, nays 71, absent and not voting 4, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Frich, Hall, Howard, Lane, Leggett, Louisos, Overington, Porter, Roberts, Romine, Schadler, Schoen, Sobonya, Sumner, Tansill, Trump and Walters.
Absent And Not Voting: Butcher, Ferrell, Miley and Tucker.
So, two thirds of the members present and voting not having voted in the affirmative, the motion to dispense with committee reference of H. B. 4334 was not adopted.
The House then resumed the introduction of bills and referrals, as follows:
By Delegate Evans:
H. B. 4335 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2I-11, relating to providing that health facilities that provide abortions shall not only be fined for violating explicit provisions of law, but also for taking any other actions which are not in accordance with the best practices of care as determined by the Department of Health and Human Resources"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Craig, Amores, Morgan, Leach and Varner:
H. B. 4336 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-1F-1, §5-1F-2, §5-1F-3, §5-1F-4 and §5-1F-5, all relating to creating the office of State Energy Coordinator in the Office of the Governor; setting forth findings and purposes; defining powers and duties; defining certain terms; and requiring reports to be made to the Joint Committee on Government and Finance"; to the Committee on Government Organization then Finance.
By Delegates Hamilton, Beach, Evans, Tabb, Talbott, Stemple, Argento, Tansill, Williams and Poling:

H. B. 4337 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to allowing one to carry an uncased or loaded gun in the woods of this state to hunt coyotes in the open season"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Boggs and Mahan:
H. B. 4338 - "A Bill to amend and reenact §8-10-2 of the Code of West Virginia, 1931, as amended, relating to prescribing minimum standards for municipal judges; requiring criminal background checks of persons applying for municipal judgeships; excluding persons convicted of certain offenses from serving as municipal judge; and requiring municipal judges receive continuing legal training"; to the Committee on the Judiciary.
By Delegates Staton and Browning:
H. B. 4339 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-16b, relating to requiring surveillance cameras in the common areas of all K-12 schools"; to the Committee on Education then Finance.
By Delegates Beane and G. White:
H. B. 4340 - "A Bill to amend and reenact §29-21-16 of the Code of West Virginia, 1931, as amended, relating to requiring circuit judges to order repayment of the costs of representation provided by the public defender system under certain circumstances; and requiring State Auditor to report on amounts repaid"; to the Committee on Government Organization.
By Delegates Schadler, Williams and Leggett:
H. B. 4341 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to requiring that instructional support and enhancement days are held twice before December thirty-first, and three times after January first of the instructional term"; to the Committee on Education then Finance.
By Delegate Louisos:
H. B. 4342 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to issuance of registration plates generally; providing for the issuance of free motor vehicle registration plates to any retired member of the United States Armed Services; and providing that the registration plate indicate the retirees' branch of service"; to the Committee on Roads and Transportation then Finance.
By Delegates Staton and Browning:
H. B. 4343 - "A Bill to amend and reenact §17-16A-6, §17-16A-10, §17-16A-11, §17-16A- 21, §17-16A-22 and §17-16A-25 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-16A-30, all relating to prohibiting the West Virginia Parkways, Economic Development and Tourism Authority from issuing new bonds once current bonds have been repaid; prohibiting it from refinancing existing bonds; and terminating the parkways authority"; to the Committee on Government Organization then Finance.
By Delegates Porter, Sumner and Lane:
H. B. 4344 - "A Bill to amend and reenact §17-16A-6, §17-16A-7, §17-16A-10, §17-16A- 11, §17-16A-13, §17-16A-18a, §17-16A-20, §17-16A-21, §17-16A-22, §17-16A-23 and §17-16A- 25 of the Code of West Virginia, 1931, as amended, all relating to modifying the West Virginia Parkways, Economic Development and Tourism Authority's power and authority to charge tolls and issue bonds; and to transfer duties and responsibilities of the Parkways, Economic Development and Tourism Authority to the Division of Highways"; to the Committee on Government Organization then Finance.
By Delegate Stalnaker (By Request):
H. B. 4345 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-20-32, relating to allowing nonprofit organizations to hold up to two charitable Texas hold'em tournaments per year"; to the Committee on the Judiciary then Finance.
By Delegate Louisos:
H. B. 4346 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-21, relating to prohibiting the payment for the abortion-inducing drug RU-486 as a benefit under any health care insurance plan offered by the state to public employees"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Lane:
H. B. 4347 - "A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7A-26t, all relating to increasing supplemental benefits to certain teacher retirement annuitants and to increasing teacher's salaries, both in accordance with cost-of-living increases as measured by the Consumer Price Index in particular years"; to the Committee on Education then Finance.
By Delegate Craig, Long, Amores, Sobonya, Pino, Trump, Armstead, Michael, Kominar, Howard and Morgan:

H. B. 4348 - "A Bill to amend the Code of

West Virginia, 1931, as amended, by adding

thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6, §55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to limitations for certain asbestos claims; judicial actions involving silica and asbestos exposure, providing for fair and efficient judicial consideration of personal injury and wrongful death arising out of asbestos or silica exposure and to ensure individuals who suffer impairment now or in the future for illnesses caused by exposure to asbestos or silica receive compensation for their injuries"; to the Committee on the Judiciary.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 4006, Adding counties to the Hatfield-McCoy Regional Recreational Authority,
Com. Sub. for H. B. 4032, Relating to authorizing the Consolidated Public Retirement Board to recover the payment and a fee, as provided by legislative rule, from a participating employer who fails to timely pay amounts due,
Com. Sub. for H. B. 4034, Removing the requirement that a no longer disabled employee must return to his or her former job,
Com. Sub. for H. B. 4047, Relating to part-time prosecuting attorneys,
Com. Sub. for H. B. 4052 , Providing that alleged victims of domestic violence or abuse have the right to have a person of their choosing present when they are interviewed by law-enforcement officers or the prosecuting attorney,
H. B. 4068, Limiting the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration,
And,
H. B. 4239, Continuing the Division of Unemployment Compensation.
On the passage of the bills, the yeas and nays were taken (Roll No. 45), 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: Butcher, Ferrell, Miley and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub for H. B. 4006, Com. Sub for H. B. 4032, Com. Sub for H. B. 4034, Com. Sub for H. B. 4047, Com. Sub for H. B. 4052, H. B. 4068 and H. B. 4239) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on Consent Calendar bills and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4133, Clarifying that magistrate courts have concurrent juvenile jurisdiction with circuit courts with regard to enforcement of laws prohibiting the possession or use of tobacco or tobacco products by minors,
H. B. 4310, Continuing of the Board of Risk and Insurance Management,
And,

H. B. 4311, Continuing of the Department of Environmental Protection.

House Calendar
Unfinished Business
H. R. 6, Amending House Rule No. 125, relating to House concurrence in Senate Amendments to House bills; coming up in regular order, as unfinished business was, on motion of Delegate Staton, laid over one day.
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"; coming up in regular order, as unfinished business was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
Com. Sub. for H. B. 2141, Prohibiting persons from soliciting contributions on public highways; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Miley and Tucker.
Miscellaneous Business
Delegate Frederick announced that he was absent when the vote was taken on Roll No. 43 and that had he been present, he would have voted "Yea" thereon.
At 12:16 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 2, 2006.