hdj2007-1-22-13

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Monday, January 22, 2007
THIRTEEN DAY

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 Friday, January 19, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented the annual report of the Joint Committee on Government Operations, in accordance with section twelve, article ten, chapter four of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the annual report for the 2005-2006 fiscal year of the Board of Occupational Therapy in accordance with section six, article twenty-eight, chapter thirty of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Board of Accountancy, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Board of Examiners for Speech-Language Pathology and Audiology, in accordance with article thirty-two, chapter thirty of the code; which is filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Water Development Authority, in accordance with section thirteen, article one-b, chapter nineteen, of the code; which was filed in the Clerk's Office.
Resolutions Introduced
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Overington, Armstead, Rowan, Duke, Blair, Sumner, Walters, Andes, J. Miller and Schadler:

H. J. R. 10 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one, article VI thereof; amending section two, article XIV thereof; and further amending said Constitution by adding a new article, designated article XV, all relating to the legislative powers held by the people of the State and the Legislature; the power of the registered voters and the power of the Legislature to propose amendments to this Constitution; and the reservation by and to the people and registered voters of this State the powers of initiative, referendum, and recall at all levels of government in this State; 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Overington, Lane, Sumner, Blair, Armstead, Schoen, Sobonya, J. Miller, Cowles and Rowan:

H. J. R. 11 - Proposing an amendment to the Constitution of the State of West Virginia, repealing sections 4, 5, 6, 7, 8 and 9, article VI thereof, and amending section 2 of said article, all relating to creating one hundred single delegate districts, each comprised of one delegate, and thirty- four senatorial districts, each comprised of one senator; 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Overington, Lane, Armstead, Blair, Border, Duke, Porter, Schoen, Sumner, Rowan and J. Miller:

H. J. R. 12 - "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.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Hrutkay, Hamilton, M. Poling, Eldridge, Ellis, Rodighiero, Tucker, Moore and Barker:

H. B. 2372 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §22A-2-4a and §22A-2-71b; and to amend and reenact §22A-2-60 of said code, all relating to providing safety in coal mines; restricting the use of belt haulage entries as intake and return air courses in mines; modifying requirements for lifeline cords in escapeways; and providing whistle-blower protection for complainants in mines"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Stalnaker:

H. B. 2373 - "A Bill to amend and reenact §18A-2-2 of the Code of West Virginia, 1931, as amended, relating to the Teachers Retirement System; including service personnel eligibility for five hundred dollar early retirement notification bonus"; to the Committee on Pensions and Retirement then the Judiciary.
By Delegate Doyle:
H. B. 2374 - "A Bill to amend and reenact §8-13C-4 of the Code of West Virginia, 1931, as amended, relating to excluding certain taxes imposed on certain utilities and extractive activities from those that a municipality must cease to impose before being authorized to impose a municipal sales and service tax and a municipal use tax"; to the Committee on Political Subdivisions then Finance.
By Delegate Doyle:
H. B. 2375 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to limiting the purchase of handguns to one gun per month; exempting law enforcement, correctional facilities and private security companies from the limitation; providing criminal penalties; and exempting antique firearms from the limitation"; to the Committee on the Judiciary.
By Delegate Schoen:
H. B. 2376 - "A Bill to amend and reenact §48-1-228 of the Code of West Virginia, 1931, as amended, relating to the definition of gross income for purposes of determining child support; providing that certain employment-related expenses are excluded from gross income"; to the Committee on the Judiciary.
By Delegate Talbott:
H. B. 2377 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to requiring that employers perform criminal history background checks of employees involved in the installation of home security systems; "; to the Committee on the Judiciary.
By Delegate Doyle:
H. B. 2378 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to general consumer protection; and electronic scanners and shelf prices"; to the Committee on the Judiciary.
By Delegate Stemple:
H. B. 2379 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5, §17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9 and §17C-5C-10; and to amend and reenact §60-6-9 of said code, all relating to conforming the motor vehicle law of this state to the requirements of section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century (23 U.S.C. §154), as amended, which requires states to enact and enforce a law that prohibits the consumption of an alcoholic beverage or the possession of an open alcoholic beverage container in the passenger area of a motor vehicle that is located on a public highway or the right-of-way adjacent to a public highway"; to the Committee on Roads and Transportation then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2380 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i, relating to exempting the purchase of certain drugs, durable medical goods, mobility enhancing equipment and prosthetic devices from the consumers sales and service tax"; to the Committee on Health and Human Resources then Finance.
By Delegates Caputo, Martin, Perry, Paxton and Sumner:
H. B. 2381 - "A Bill to amend and reenact §18A-2-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8 and §18A-4-8a of said code, all relating to establishing the school service personnel class title and pay grade for the positions of 'Administrative Assistant' and 'Legal Secretary'"; to the Committee on Education then Finance.
By Delegates Stemple and Varner:
H. B. 2382 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting funeral-related retail sales from the consumers sales tax"; to the Committee on Finance.
By Delegates Kominar and Williams:
H. B. 2383 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-8j, relating to allowing a school service mechanic to have experience, training and certifications considered towards his or her pay rate"; to the Committee on Education then Finance.
Delegates Kominar, Browning and Mahan:
H. B. 2384 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-2-1a, relating to providing that members and staff of the Legislature shall receive one quarter of required continuing education for each regular session worked or served; clarifying that certain attorneys are exempt from mandatory continuing education; and specifying crime and criminal penalties"; to the Committee on the Judiciary.
By Delegates Beach, Proudfoot and Canterbury:
H. B. 2385 - "A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as amended, relating to the environmental protection advisory council generally; increasing the membership of the council to nine members, specifying represented organizations and entities; and making certain procedural changes in board activities"; to the Committee on Government Organization.
By Delegates Hatfield, Perdue and Brown:
H. B. 2386 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto seven new sections, designated §16-5C-20, §16-5C-21, §16-5C-22, §16-5C-23, §16-5C-24, §16-5C-25 and §16-5C-26, all relating to nursing homes; requiring adequate staffing, specifying certain staff to resident ratios; providing enforcement provisions; including civil penalties; requiring a study committee; providing enhanced training requirements for nurse aides; and providing a grant program for projects aimed at reducing employee turnover in nursing homes"; to the Committee on Health and Human Resources then Finance.
By Delegates Stalnaker, Browning, Williams and Duke:
H. B. 2387 - "A Bill to amend and reenact §5-10-27 of the Code of West Virginia, 1931, as amended, relating to removing the ability of a member to choose a beneficiary who has an insurable interest to receive an annuity and allowing a member or former member to choose to have the preretirement death benefit paid in a lump sum amount to any beneficiary or beneficiaries he or she chooses"; to the Committee on Pensions and Retirement then Finance.
By Delegates Kominar, Michael, Browning, White and Stalnaker:
H. B. 2388 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-4c; and to amend and reenact §11-22-2 of said code, all relating to the West Virginia Affordable Housing Trust Fund generally; imposing a fee of twenty dollars on the transfer of real property in addition to the excise tax imposed on property transfers; imposing a fee of twenty dollars in addition to the consumers sales tax on the sale of factory-built homes; dedicating the revenue from the additional fees to the West Virginia Affordable Housing Trust Fund; and authorizing expenditures for administrative and operating expenses"; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Caputo and Longstreth:
H. B. 2389 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1D-1, §21-1D-2, §21-1D-3 and §21-1D-4, all relating to the 'Keep Jobs in West Virginia Act'"; to the Committee on the Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Williams and Tabb:

H. B. 2390 - "A Bill to amend and reenact §19-2E-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-9-1 of said code; and to amend and reenact §19-20-14 of said code, all relating to the definition of domestic animals and livestock"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegate Michael:
H. B. 2391 - "A Bill to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as amended, relating to providing criminal penalties for shooting and wounding or killing a human being by a person hunting, 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 the Judiciary.
By Delegate Blair:
H. B. 2392 - "A Bill to amend and reenact §17C-4-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17D-2A-6 of said code, all relating to providing for reexamination of drivers holding valid drivers licenses who are observed by police officers violating traffic laws, or who appear to have caused motor vehicle accidents as the result of negligence or inadequate driving skill; requiring accident reports to include a check-off square indicating the need for reexamination; providing a procedure for notifying the Division of Motor Vehicles of a police officer's opinion that a motorist should be reexamined; and, providing due process protections for motorists identified by police officers as needing reexamination"; to the Committee on Road and Transportation then the Judiciary.
By Delegate Michael:
H. B. 2393 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-19a, relating to providing limited immunity from civil damages for persons who volunteer their services to public health departments; and providing that the limitation of liability does not apply to intentional tortious conduct or acts or omissions constituting gross negligence"; to the Committee on the Judiciary.
By Delegate Hatfield:
H. B. 2394 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §59-3-6a, relating to newspapers; and requiring affidavit for publication of death notice or obituary"; to the Committee on the Judiciary.
By Delegate Romine:
H. B. 2395 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §33-42-9 and §33-42-10, all relating to the care of aborted fetuses; requiring medical facilities that provide abortions to administer anesthesia to an unborn fetus when aborted, if it is older than seven weeks; requiring all available medical means to be used to preserve the life of a fetus if it is alive when aborted; and providing criminal penalties for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Kominar and Stemple:
H. B. 2396 - "A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as amended, relating to judges and justices generally; providing that a judge becoming eligible for retirement is not required to contribute to the retirement system; and clarifying that, for judicial retirement purposes, credited service includes certain time served as an elected or appointed municipal judge"; to the Committee on Pensions and Retirement then Finance.
By Delegates Overington, Tabb, Blair, Doyle, Rowan, Duke, Wysong, Cowles and Miller:

H. B. 2397 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2c, relating to salary increases for teachers based upon residential housing costs"; to the Committee on Education then Finance.
By Delegates Hatfield, Brown, Caputo, Marshall and Mahan:
H. B. 2398 - "A Bill to amend and reenact §30-4-3 and §30-4-17 of the Code of West Virginia, 1931, as amended, all relating to amending certain provisions involving dental hygienists; and providing for settings in which a dental hygienist may perform various duties without direct supervision"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Stalnaker, Williams and Stemple:
H. B. 2399 - "A Bill to amend and reenact §20-2-34 of the Code of West Virginia, 1931, as amended, relating to increasing the percentage of the 'license fund-wildlife resources' derived from license fees that may be used for capital improvements and land purchases for benefitting state wildlife from ten to twenty percent; and correspondingly decreasing the amount from these fees that are budgeted for the Wildlife Resources Division by ten percent"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Martin, Hatfield, Hrutkay and Perry:
H. B. 2400 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26u, relating to increasing supplemental benefits to certain teacher retirement annuitants"; to the Committee on Pensions and Retirement and then Finance.
By Delegates Hatfield, Hrutkay and Martin:
H. B. 2401 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §16-5C-20 and §16-5C-21, all relating to requiring nursing homes to have quality assurance programs and plans; and specifying requirements"; to the Committee on Health and Human Resources then Finance.
By Delegates Webster, Mahan and Stemple:
H. B. 2402 - "A Bill to amend and reenact §61-5-27a of the Code of West Virginia, 1931, as amended, relating to providing that the term "impersonation" of a public official or employee includes the act of operating a motor vehicle which falsely displays an official emblem or other marking connoting government sponsorship"; to the Committee on the Judiciary.
By Delegates Williams and Campbell:
H. B. 2403 - "A Bill to amend and reenact §18A-4-3 of the Code of West Virginia, 1931, as amended, relating to increasing the salary increments paid to principals and assistant principals"; to the Committee on Education then Finance.
By Delegates Stalnaker, White and Talbott:
H. B. 2404 - "A Bill to amend and reenact §17D-2A-3 of the Code of West Virginia, 1931, as amended, relating to authorizing the police to impound a motor vehicle and auction it to the highest bidder in the event the owner of the motor vehicle has been convicted of driving with no insurance three or more times; providing for the use of funds collected from the sale of impounded motor vehicles; requiring seizing authorities to turn over leftover funds to the State Treasurer; creating a fund to be administered by the State Treasurer in concert with the Superintendent of the state Police to be used to compensate victims of uninsured and underinsured motorists; directing the State Treasurer and the State Police to propose rules for legislative approval designed to administer the fund in accordance with the fund's intended purpose; and, prohibiting operators of motor vehicles who do not have insurance coverage from instituting lawsuits for damages"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Stalnaker and White:
H. B. 2405 - "A Bill to amend and reenact §17D-2A-3 of the Code of West Virginia, 1931, as amended, relating to prohibiting operators of motor vehicles who do not have insurance coverage from instituting lawsuits for damages"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates DeLong, Tabb, Doyle and Wysong:
H. B. 2406 - "A Bill to amend and reenact §19-23-3 of the Code of West Virginia, 1931, as amended, relating to providing that in the event a yearling was born in another state and transported to this state, the definition of 'Raiser of an accredited West Virginia horse' does not apply to any pari-mutuel racing facility in Jefferson County; and providing for a five-year sunset provision relative to the applicability of this definition at any pari-mutuel racing facility in Ohio County"; to the Committee on the Judiciary.
By Delegate Michael:
H. B. 2407 - "A Bill to amend and reenact §11-13A-3a and §11-13A-3d of the Code of West Virginia, 1931, as amended, all relating to the reduction from five percent to four percent in the severance tax imposed on natural gas produced from wells placed in service on or after the first day of July, two thousand seven; reducing the period of availability of a certain five-year severance tax exemption for coalbed methane production; and reducing from five percent to four percent the severance tax on gas produced from coalbed methane wells on or after the first day of July, two thousand seven"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Overington, Evans, Schadler, Cowles and Miller:
H. B. 2408 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-11B-1, §21-11B-2, §21-11B-3, §21-11B-4, §21-11B-5, §21-11B-6, §21-11B-7 and §21-11B-8, all relating to the right to work and making it a criminal offense and actionable in court to impose an obligation on a person, as a condition of employment, to affiliate with a labor organization and pay dues and other fees; providing penalties; and providing for relief"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Williams, Perry, Paxton, Stemple and Argento:
H. B. 2409 - "A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to providing a two thousand eight dollar salary increase for each employee of the Division of Corrections"; to the Committee on Government Organization then Finance.
By Delegates Hatfield, Caputo, Walters, Martin, Hrutkay, Argento and Perdue:
H. B. 2410 - "A Bill to amend and reenact §29-3B-3 of the Code of West Virginia, 1931, as amended, relating to the removal of the exemption for government employees performing electrical work on government property from having to possess an electrician's license"; to the Committee on Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Fragale, Miley and Iaquinta:
H. B. 2411 - "A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as amended, relating to public office and prohibiting a person convicted of any felony from holding any public office"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 2412 - "A Bill to repeal §29-21-10, §29-21-11 and §29-21-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-21-2, §29-21-6, §29-21-8, §29-21-9, §29-21- 13 and §29-21-13a of said code; and to amend said code by adding thereto a new section, designated §29-21-3b, all relating to Public Defender Services generally; defining certain terms; creating the Indigent Defense Commission; specifying members and their terms; specifying certain powers and duties of the Indigent Defense Commission; authorizing public defender corporations to contract with private attorneys; permitting the employment of full-time and part-time attorneys; requiring public defender corporations to submit monthly financial statements and reports; providing requirements for the creation, activation, and merger of public defender corporations; providing for the order of appointment of panel attorneys; removing certain sections relating to the funding of public defender corporations; establishing requirements for funding applications; requiring corporations to submit proposed budgets; authorizing amended funding contracts; providing for payment of fees to panel attorneys; and authorizing executive director to establish guidelines for submission of claims and vouchers"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, Mahan, M. Poling, Talbott, Marshall, Caputo, Moore, Hrutkay and Campbell:

H. B. 2413 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48, relating to creating the Student and Family Privacy Protection Act"; to the Committee on Education.
House Calendar
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 2141, Raising the age at which a person may request to be excused from jury duty from sixty-five to seventy,
H. B. 2285, Updating the meaning of federal adjusted gross and certain other terms used in West Virginia Personal Income Tax Act,
Com. Sub. for H. B. 2314, Updating the meaning of "federal taxable income" and certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act,
And,
Com. Sub. for H. B. 2315, Relating to notification of parole hearings.
Miscellaneous Business
The Clerk read communications from the Speaker, making changes to the Standing Committees as follows:
West Virginia House of Delegates
Office of the Speaker
Charleston, WV 25305
January 19, 2007

The Honorable Daniel Poling
Member, West Virginia House of Delegates
Room 223-E
State Capitol Complex
Dear Delegate Poling:
As per your request for additional committee assignments, I am adding you to the Committee on Veterans Affairs.
If you have questions, or if I may be of assistance to you, please do not hesitate to call upon me.
Sincerely,
Richard Thompson
Speaker.
West Virginia House of Delegates
Office of the Speaker
Charleston, WV 25305
January 19, 2007

The Honorable Stan Shaver
Member, House of Delegates
Room 230-E
State Capitol Complex
Dear Delegate Shaver:
As per your request and because of conflicts with committee meetings, I am removing you from the Committee on Veterans Affairs.
If you have questions, or if I may be of assistance to you, please do not hesitate to call upon me.
Sincerely yours,
Richard Thompson
Speaker.
Delegates Doyle, Ellem and Stalnaker announced that they were absent on Friday, January 19, 2007, when the votes were taken on Roll Nos. 5 and 6, and that had they been present, they would have voted "Yea" thereon.
At 11:27 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 23, 2007.