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Thursday, February 9, 2006
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, February 8, 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. 9, Amending the Rules of the House relating to compelling a standing committee to
take up and report out a bill,
And reports the same back with the recommendation that it be rejected.
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. 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,
And,
H. C. R. 26, Naming the new bridge spanning the Elk River in Clendenin, West Virginia,
the "Hardman Brothers Bridge",
And reports the same back with the recommendation that they each be adopted.
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:
By Mr. Speaker, Mr, Kiss, and Delegate Staton:
H. R. 13 - "Amending House Rule 70a of the Rules of the House of Delegates, providing
for the transfer of a bill from the Consent Calendar to the Special Calendar when the Special
Calendar is operative."
Resolved by the House of Delegates:
That Rule 70a of the Rules of the House of Delegates be amended to read as follows:
Consent Calendar
70a. The Committee on Rules may direct that bills of either house be divided on the
Calendar between the designations "Consent Calendar", "Special Calendar" and "House Calendar"
and be considered in such order after the Eighth Order of Business or the Local Bill Calendar shall
have been acted upon. When such a division is directed for bills on the Calendar, the Consent
Calendar shall not include any bill (a) which received a dissenting vote in committee; (b) to which objection is made by any member; or (c) to which any amendment is offered other than amendments
recommended by committee or an amendment or amendments of a purely technical nature, provided
that such bill with proposed committee amendments shall have been reported from committee
without a dissenting vote. To assist in preparation of the Consent Calendar, the Clerk shall be
notified in writing, to be included on the committee report, that such bills have received the
unanimous recommendation of the committee from which they are being reported. Any bill on first
or second reading shall be removed from the Consent Calendar and be placed on the same reading
on the House Calendar, or on the Special Calendar, if the Special Calendar be operative, at the
request of any member, such request to be made in writing and presented during a session of the
House, or upon written request of the Chair of the committee reporting the bill or bills, such request
by the Chair to be indicated on the report of the committee. Any bill removed from first or second
reading, Consent Calendar, and transferred to either the House Calendar or the Special Calendar shall
be taken up on that Calendar on the same legislative day the transfer is ordered. Any written requests
to remove items from the Consent Calendar filed in accordance with the provisions of this rule shall
be announced by the Clerk prior to the Consent Calendar being called up by the Speaker. at such
time or times during a session of the House as shall be directed by the Speaker. Once removed, such
bill shall not again be placed on the Consent Calendar. All bills appearing on the Consent Calendar
shall be voted upon en bloc, to be decided without debate, and in no event shall a Joint Resolution
proposing an amendment to the Constitution of the State be placed upon the Consent Calendar, nor
may any bill on third reading of the Consent Calendar be removed therefrom.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4208, Insurance Commission, replacement of life insurance policies and annuity
contracts,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4208) was referred to
the Committee on the Judiciary.
Chairman H. White, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4209, Insurance Commissioner, unfair trade practices,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4209) was referred to
the Committee on the Judiciary.
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the
following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4299, Authorizing the Commissioner of Banking to enter into contracts with federally
insured depository institutions to provide loan review services by Division of Banking employees,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4299) was referred to
the Committee on the Judiciary.
Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2457, Limiting the basis for calculating the alternate method of annual contribution
required by municipalities into the Policemen's and Firemen's Pension and Relief Fund,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on
Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2457) was referred to
the Committee on Finance.
Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2638, Increasing the amount of allowable equity investments in municipal police and
fire pension plans,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2638) was referred to
the Committee on Finance.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4179, Conservation Agency, committee,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4179) was referred to
the Committee on Finance.
Chairman Beach, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4174, Agriculture, animal disease control,
H. B. 4175, Agriculture, certified pesticide applicator rules,
H. B. 4176, Agriculture, integrated pest management programs in schools and day care
centers,
And,
H. B. 4177, Agriculture, voluntary farmland protection,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4174, H. B. 4175, H.
B. 4176 and H. B. 4177) were referred to the Committee on the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4218, Natural Resources, terms defining terms concerning all hunting and trapping
rules,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4218) was referred to
the Committee on the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4236, Natural Resources, Public use of state parks, etc.,
And,
H. B. 4238, Natural Resources, miscellaneous permits and licenses,
And reports the same back with amendment, with the recommendation that they each do pass,
as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4236 and H. B. 4238)
were each referred to the Committee on the Judiciary.
Chairman Pethtel, from the Committee on Industry and Labor, Economic Development and
Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had
under consideration:
H. B. 4210, Labor, manufactured housing construction and safety standards board,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4210) was referred to
the Committee on the Judiciary.
Chairman DeLong, from the Committee on Veterans Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 3334, Establishing the "West Virginia Remembers Program" for veterans to share their
experience in the military with public school children,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Education.
In accordance with the former direction of the Speaker, the bill (H. B. 3334) was referred to
the Committee on Education.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4202, Health and Human Resources, permit fees,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4202) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4221, Pharmacy, ephedrine and pseudoephedrine control,
And reports the same back, by unanimous vote of the Committee, without recommendation
as to its passage, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4221) was referred to
the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4245, Requiring employers to provide health insurance to employees working on public
improvement projects,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4245) was referred to
the Committee on Government Organization.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4123, Allowing police officers, including public service commission employees, to issue citations to owners of railroad cars and equipment for blocking a public highway railroad grade
crossing,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4123) was referred to
the Committee on the Judiciary.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4371, Allowing a registrant to transfer the registration of a Class C vehicle to another
Class C type vehicle titled in the name of the registrant,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4371) was referred to
the Committee on Finance.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4154, Highways, use of state road rights of way, adjacent areas,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4154) was referred to the Committee on the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4256, Providing a procedure for removal of county, district or municipal officers,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4256) was referred to
the Committee on the Judiciary.
Chairman Pethtel, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4333, Prohibiting discrimination against the location of factory-built housing by units
of local government,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4333) was referred to
the Committee on the Judiciary.
Chairman Proudfoot, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 3166, Allowing a fire chief to have a designee serve on an enforcement agency relative
to the enforcement of county-adopted ordinances,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 3166) was referred to
the Committee on the Judiciary.
Chairman Boggs, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4307, Extending the weekend driving privileges of antique motor vehicles and
motorcycles,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4307) to the Committee on the
Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 4307) will be placed on the Consent
Calendar.
On motion for leave, a bill was introduced (Originating in the Committee on Industry and
Labor, Economic Development and Small Business and reported with the recommendation that it
do pass, but that it first be referred to the Committee on Finance), which was read by its title, as follows:
By Delegates Pethtel, Poling, Cann, Frederick, Browning, Martin, Talbott and
Hartman:
H. B. 4479 - "A Bill to amend and reenact §21-9-9 and §21-9-10 of the Code of West
Virginia, 1931, as amended, all relating to Manufactured Housing Construction and Safety
Standards; creating a fund; providing for spending from certain funds; and authorizing the
assessment of annual fees in satisfaction of assurance requirements."
In the absence of objection, the Speaker referred the bill (H. B. 4479) to the Committee on
Finance.
Chairman Ron Thompson, from the Committee on Banking and Insurance, submitted the
following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4063, Expanding the authority of the Commissioner of Banking concerning use of
certain banking terms in connection with the name of a business,
And reports back a committee substitute therefore, by unanimous vote of the Committee,
with a new title, as follows:
Com. Sub. for H. B. 4063 - "A Bill to amend and reenact §31A-4-2 of the Code of West
Virginia, one thousand nine hundred thirty-one, as amended relating to banks; authorizing use of
certain banking terms in connection with the name of a business; and setting forth the limitations on
such authorization,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4063) to the Committee
on the Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4063) will be placed on the
Consent Calendar.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4295, Establishing a bird dog training permit,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4295) to the Committee on the
Judiciary was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 4295) will be placed on the Consent
Calendar.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4216, Natural Resources, commercial whitewater outfitters,
H. B. 4217, Natural Resources, boating rule,
And,
H. B. 4196, Forestry, ginseng regulations,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4216, H. B. 4217 and
H. B. 4196) were each referred to the Committee on the Judiciary.
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. 2947, Requiring payments for delinquent real estate taxes submitted fourteen days prior
to the date of the sheriff's sale, be made by cashiers check, money order, certified check or United
States currency,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2947 - "A Bill to amend and reenact §11A-3-2 and §11A-3-4 of the
Code of West Virginia, 1931, as amended, relating to requiring payments for delinquent real estate
taxes submitted fourteen days prior to the date of the sheriff's sale, be made by cashiers check,
money order, certified check or United States currency,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2947) will be placed on the Consent Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 539 - "A Bill to amend and reenact §22A-1-3 of the Code of West Virginia, 1931, as
amended, relating to increasing the professional qualifications required for the position of Director
of the office of Miners' Health, Safety and Training."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 539) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Resolutions Introduced
Delegates Beach, Yost, Proudfoot, Moore, Perry, Argento, Hartman, Stemple, Paxton,
Swartzmiller and Ron Thompson offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 41 - "Recognizing the second Tuesday in May and the second Tuesday in November
as annual 'Blood Donation Days' in West Virginia."
Whereas, Every two seconds, someone in the United States needs blood; and
Whereas, Only 5% of the eligible United States population gives blood annually, according
to the American Red Cross; and
Whereas, Donating blood will help ensure that there is blood available when you or
someone close to you may need it; and
Whereas, Over the past ten years, average voter turnout has been 50.8% for general
elections and 39.4% for primary elections; and
Whereas, Election days provide added convenience to donate blood; and
Whereas, State and county governments can coordinate blood donation sites with voting
precincts, making it even more convenient for residents to contribute to their community two-fold:
by their participation in area elections and by donating blood to a local blood drive; therefore, be it
Resolved by the Legislature of West Virginia
That the West Virginia Legislature hereby declares the second Tuesday in May and the
second Tuesday in November be recognized as annual "Blood Donation Days" in West Virginia;
and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the Governor.
Delegates Beach, Boggs, Paxton, Pethtel, Perry, Stephens and Argento offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 42 - "Declaring that bluegrass music is the official state music of West Virginia."
Whereas, Bluegrass music was introduced to West Virginia by early settlers as they began
to spread out into the Carolinas, Tennessee, Kentucky and the Virginias. These settlers composed
new songs about day-to-day life experiences that reflected rural life on the farm or in the hills; and
Whereas, Bluegrass music developed further in the rural south after World War II fusing
hillbilly, folk and various types of country music that was popular with the "plain folk" farm families
and blue-collar workers; and
Whereas, Bluegrass music is now performed and enjoyed around the world. Present day bluegrass bands reflect influences from a variety of sources including tradition and fusion jazz,
contemporary country, Celtic, rock and roll, old time and southern gospel music; and
Whereas, Bluegrass music incorporates songs and rhythms from string band, gospel, work
songs and "shouts" of African American laborers, folk, popular, homeland, country and blues music
repertoires; and
Whereas, Bluegrass music has experienced over a 100% increase since 2000 in consumers
and growth in popularity unprecedented in recent genre history; and
Whereas, Bluegrass consumers are a diverse section of our population, throughout the
United States as well as internationally. Compared to the average consumer, bluegrass listeners are
more likely to participate in recreation activities such as overnight camping, bicycling, skiing,
hunting and playing golf, which constitutes a major part of West Virginia's tourism and recreation
attraction; and
Whereas, Bluegrass music has long been associated with the Appalachian Region and is a
vital part of West Virginia's heritage and history; and
Whereas, In the Spirit of West Virginia, listeners of bluegrass music take an unconventional
approach to life, enjoy taking risks and in turn are happy with life; and
Whereas, Bluegrass music continues to be a celebrated part of our culture; therefore, be it
Resolved by the Legislature of West Virginia:
That the official state music of West Virginia be declared bluegrass music; and, be it
Further Resolved, That the Legislature declare bluegrass music to be the official music of
the State of West Virginia.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Marshall, Perdue and Long:
H. B. 4462 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-16-16a, relating to assigning benefits directly to providers
based on the patients assignment of benefit form"; to the Committee on Banking and Insurance then
the Judiciary.
By Delegates Campbell, Rick Thompson, Poling, G. White, Browning, Miley, Duke,
DeLong, Yost and Marshall:
H. B. 4463 - "A Bill to amend and reenact º18-9A-2, º18-9A-10, º18-9A-11, º18-9A-13b
and º18-9A-21 of the Code of West Virginia, 1931, as amended, all relating to reforming the school
aid formula by reducing the regular levy deducted from county boards of education; by ensuring
funding for improved instructional programs; by providing funds to assist low performing schools;
by enhancing teacher and service personnel salaries; and by requiring annual appropriations for
alternative education programs"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Cann, Stemple, Pethtel, Swartzmiller and H.
White
:
H. B. 4464 - "A Bill to amend and reenact §19-12A-1a of the Code of West Virginia, 1931,
as amended, relating to transferring title of the Weston State Hospital Institutional Farm from the
Department of Agriculture to the Department of Health and Human Resources"; to the Committee
on Government Organization.
By Delegates Campbell, Rick Thompson, Poling, G. White, Browning, Miley, Duke, Hamilton, DeLong, Yost and Marshall:
H. B. 4465 - "A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931,
as amended, relating to increasing teachers salaries by six percent"; to the Committee on Education
then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4466 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as
amended, relating to updating meaning of federal adjusted gross income and certain other terms used
in West Virginia Personal Income Tax Act; and specifying effective dates"; to the Committee on
Finance.
By Mr. Speaker, Mr. Kiss and Delegate Trump
[By Request of the Executive]:
H. B. 4467 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as
amended, relating to updating meaning of federal taxable income and certain other terms used in
West Virginia Corporation Net Income Tax Act; and specifying effective dates"; to the Committee
on Finance.
By Delegates Duke, Roberts, Blair, Trump, Doyle, Tabb, Wysong and Campbell:
H. B. 4468 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-6B-8, relating to providing an election for county commissions
to allow resident homeowners, sixty-five years old or older, to defer the payment of property tax
increases to their residential property during their lifetimes"; to the Committee on the Judiciary then
Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Stemple, Varner and Mahan:
H. B. 4469 - "A Bill to amend and reenact §20-5-2 of the Code of West Virginia, 1931, as
amended, relating to providing the Natural Resources Commission authority to promulgate rules to
permit and regulate the hunting of white-tail deer in state parks; providing that interest on investment
of parks operational revenue is to be used exclusively for benefit of the state parks and public
recreation system; and allowing certain designated parks to raise the minimum bank deposit from
two hundred fifty dollars to five hundred dollars"; to the Committee on Agriculture and Natural
Resources then Finance.
By Delegates H. White, Beach, Houston, Marshall, Kominar, Ron Thompson, Iaquinta
and G. White:
H. B. 4470 - "A Bill to amend and reenact §33-16-3d of the Code of West Virginia, 1931,
as amended, relating to updating the definition of 'medicare supplement policy'"; to the Committee
on Banking and Insurance then the Judiciary.
By Delegate Brown (By Request):
H. B. 4471 - "A Bill to amend and reenact §39-2-2 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §55-2-12 of said code, all relating to requiring all records to be
preserved indefinitely; and removing the statute of limitations on certain personal actions"; to the
Committee on the Judiciary.
By Delegates Kominar, Varner and Craig:
H. B. 4472 - "A Bill to amend and reenact §48-10-101, §48-10-301, §48-10-401,
§48-10-501, §48-10-901, §48-10-1001, §48-10-1002 and §48-10-1101 of the Code of West Virginia,
1931, as amended, all relating to including family court jurisdiction in all proceedings concerning grandparent visitation"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Leach, Perdue and Michael:
H. B. 4473 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §9-4E-1, §9-4E-2, §9-4E-3, §9-4E-4, §9-4E-5, §9-4E-6 and §9-4E-
7, all relating to funding for community-based services and supports for individuals with disabilities;
establishing the 'Money Follows the Person Act'; listing certain findings; providing definitions for
certain terms; requiring the Department of Health and Human Resources to modify certain policies
to improve community-based long-term services; providing for individual support services;
legislative oversight; and providing an effective date"; to the Committee on Government
Organization then Finance.
By Delegates Cann, Kominar, Stalnaker, Perdue, Perry and Michael:
H. B. 4474 - "A Bill to amend and reenact §11-21-10 of the code of West Virginia, 1931,
as amended, relating to the low income exclusion"; to the Committee on Finance.
By Delegates Craig, Leach and Morgan:
H. B. 4475 - "A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the
Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia
Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing
the number of members"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Ellem:
H. B. 4476 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to requiring medical facilities that provide
abortions to warn women seeking an abortion of their increased risk of breast cancer"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Stemple, Amores, Beach, Beane, Michael,
Crosier and Mahan:
H. B. 4477 - "A Bill to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as
amended, relating to providing criminal penalties for wounding or killing a person while pursuing,
taking or killing wild animals or wild birds while under the influence of alcohol, controlled
substances or drugs; and permitting court-ordered restitution"; to the Committee on Agriculture and
Natural Resources then the Judiciary.
By Delegate Boggs:
H. B. 4478 - "A Bill to amend and reenact §17A-6-4 of the Code of West Virginia, 1931,
as amended; to amend and reenact §17A-6B-2 of said code; to amend and reenact §17A-6C-2 of said
code; and to amend and reenact §17A-6D-5 of said code, all relating to increasing the required bond
for certain businesses regulated by the Division of Motor Vehicles to fifty thousand dollars"; to the
Committee on Roads and Transportation then Finance.
Consent Calendar
The Clerk announced that, pursuant to House Rule 70a, the following request had been filed
with him for the removal of a bill from the Consent Calendar. In the absence of objection, the
following bill was transferred to second reading, Special Calendar:
Com. Sub. for H. B. 4313, Relating to petitions of appeal of domestic violence emergency
protective orders.
Third Reading
S. B. 370, Creating personal property tax exemption for farm equipment and livestock; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2312, Relating to minimum grab bar standards for hotel and motel
rooms that are specifically designated or intended for use by handicapped or disabled guests;
H. B. 4041, Providing limited immunity from civil damages for persons who volunteer their
services to public health departments,
H. B. 4065, Relating to notification of parole hearings,
Com. Sub. for H. B. 4107, Clearly defining the offense of abuse or neglect of incapacitated
adults or elder persons which result in the death of such persons, to include the offense of murder,
And,
Com. Sub. for H. B. 4240, Changing the name of the Community and Technical College of
Shepherd to Blue Ridge Community and Technical College.
Special Calendar
Third Reading
Com. Sub. for H. B. 2141, Prohibiting persons from soliciting contributions on public
highways; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 75),
and there were--yeas 89, nays 8, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Barker, Boggs, Caputo, Longstreth, Louisos, Manchin, Martin and Talbott.
Absent And Not Voting: Ferrell, Houston and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub for H. B. 2141) 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. 4306, Creating a criminal offense for picketing or disrupting funerals
or memorial services; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 76),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Trump.
Absent And Not Voting: Ferrell, Houston and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub for H. B. 4306) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 77), and there were--yeas 96, nays
1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Trump.
Absent And Not Voting: Ferrell, Houston and Leach.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub for H. B. 4306) takes 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.
Delegate Trump submitted a written vote explanation to the Clerk on the passage of Com.
Sub. for H. B. 4306 and requested that it be included in the Journal of today, which was as follows:
Delegate Trump. I offer this as a written explanation of my "no" vote on the question of passage of H. B. 4306 which makes it a felony for a person to protest within 500 feet of any funeral.
This bill was proposed in response to the offensive demonstrations by fanatical and
misguided people at the funerals of the West Virginia coal miners who recently lost their lives in tragic
mining accidents.
It would be hard to imagine any action or conduct that is more offensive to me than these
demonstrations, and I condemn them. I also do not condone either the behavior of the persons
participating in the demonstrations or the vile and hateful message which they sought to deliver.
All of that notwithstanding, I believe that H. B. 4306 violates the First Amendment of the
United State Constitution and Article III, Sections 7 and 16 of the Constitution of West Virginia. I
know of no legal precedent that stands for the proposition that government has the power to limit the
rights of speech or assembly guaranteed by the Constitution by requiring it to occur no closer than
within 500 feet of a funeral or any other event. Because I believe the enactment of such a law is
beyond the power of government under the Constitution, I must vote no, even though I am outraged
and sickened by the conduct of those persons whose offensive behavior and words are repugnant to
me.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
Com. Sub. for H. B. 4004, Relating to the use of a traffic law photo-monitoring device to
detect traffic law violations,
Com. Sub. for H. B. 4129, Providing a full disclosure of the percentage of the contribution
that will go to the professional solicitor and the percentage of the contribution that will go to the
charitable organization,
And,
Com. Sub. for H. B. 4313, Relating to petitions of appeal of domestic violence emergency
protective orders.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell, Houston and Leach.
Miscellaneous Business
Delegate Ron Thompson asked and obtained unanimous consent that Delegates Beach,
Marshall, Hamilton, G. White and Iaquinta be added as cosponsors to H. B. 4299, reported from
committee earlier in today's proceedings.
At 12:04 p.m., the House of Delegates adjourned until 10:00 a.m., Friday, February 10, 2006.