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Wednesday, January 24, 2007
FIFTEENTH 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 Tuesday, January 23, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
On motion for leave, a bill was introduced (Originating in the Committee on Government
Organization and reported with the recommendation that it do pass), which was read by its title, as
follows:
By Delegates Morgan, Eldridge, Hatfield, Hutchins, D. Poling, Andes, Cowles, C.
Miller, Schoen and Staggers:
H. B. 2526 - "A Bill to amend and reenact §31B-13-1301 of the Code of West Virginia,
1931, as amended, relating to allowing acupuncturists to form professional limited liability
companies."
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2332, Clarifying that magistrate courts have concurrent jurisdiction with circuit courts
with laws prohibiting the use of tobacco by minors,
And reports the same back with the recommendation that it do pass.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented the annual report of the biennium for the fiscal years
2005 and 2006 of the Board of Dental Examiners, in accordance with article four, chapter thirty of
the code; which was filed in the Clerk's office.
Mr. Speaker, Mr. Thompson, presented the annual report of the fiscal years 2005 and 2006
of the Board of Examiners of Psychologists in accordance with section twelve-b, article one, chapter
thirty of the code; which was filed in the Clerk's office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the West Virginia Board
of Medicine in accordance with section twelve-b, article one, chapter thirty of the code; which was
filed in the Clerk's office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Division of Juvenile
Services, 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 Special Reclamation
Fund Advisory Council in accordance with the provisions of the code; which was filed in the Clerk's
office.
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
S. B. 138 - "A Bill to repeal §50-3-5 of the Code of West Virginia, 1931, as amended,
relating to repealing the requirement that nonresidents secure costs"; which was referred to the
Committee on the Judiciary.
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
S. B. 139 - "A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as
amended, relating to procedures for name change; and denial of petition if the circuit or family court
judge makes a certain finding"; which was referred to the Committee on the Judiciary.
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
S. B. 140 - "A Bill to amend and reenact §50-3-4 of the Code of West Virginia, 1931, as
amended, relating to deposit of certain moneys collected in magistrate court"; which was referred
to the Committee on the Judiciary.
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
S. B. 141 - "A Bill to amend and reenact §51-2A-2 of the Code of West Virginia, 1931, as
amended, relating to family court jurisdiction in sibling visitation proceedings"; which was referred
to the Committee on the Judiciary.
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
S. B. 142 - "A Bill to amend and reenact §60A-10-15 of the Code of West Virginia, 1931,
as amended, relating to providing a penalty for illegally possessing, possessing with intent to
distribute or distributing an iodine matrix"; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegates Cann, Iaquinta, Fragale and Miley offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 10 - "Requesting the Division of Highways to name the bridge crossing Simpson
Creek on United States Route 50 in downtown Bridgeport, the 'Lloyd L. Lang Bridge'."
Whereas, Lloyd L. Lang was a longtime resident of the City of Bridgeport, Harrison County,
West Virginia and Mr. Lang and his wife of 48 years, Crystal Wooddell Lang, and their family made
their home on Grand Avenue in Bridgeport; and
Whereas, Lloyd L. Lang served his country in the United States Army from 1946 to 1949,
and upon his return to Bridgeport in 1949 from military service in Germany, Lloyd Lang and his
brother Jim founded Lang Bothers, Inc., a Bridgeport-based construction and natural resources
company; and
Whereas, Over the span of more than 57 years, Lang Brothers became known throughout
the region as one of the most respected heavy equipment, mining and road construction contractors
in West Virginia and was entrusted with the construction of numerous bridge projects including
several in Harrison County; and
Whereas, For Lloyd Lang, one of the highlights to the company?s impressive list of road
and bridge projects over more than fifty years was the construction of the Main Street Bridge in his
hometown of Bridgeport, West Virginia; and
Whereas, On West Virginia Day, June 20, 2006, Lloyd L. Lang passed away at the age of
seventy-seven after complications from a thirty-year battle with Parkinson?s Disease; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge crossing
Simpson Creek on United States Route 50 in downtown Bridgeport the "Lloyd L. Lang Bridge"; and,
be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Lloyd L. Lang Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of the Division
of Highways and the family of Lloyd L. Lang.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates DeLong, Caputo, Longstreth, Perdue and Martin:
H. J. R. 15 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending sections one, two and seventeen, article VII thereof, relating to making the Consumer
Advocate an elected official; numbering and designating such proposed amendment; and providing
a summarized statement of the purpose of such proposed amendment"; to the Committee on
Constitutional Revision then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Fleischauer, Shook, Longstreth, Manchin, Burdiss, Browning, Caputo,
Kessler, Mahan, Hamilton and DeLong:
H. B. 2461 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-3-22, relating to providing that all employees have the right
to review and copy the contents of their personnel file"; to the Committee on Political Subdivisions
then Finance.
By Delegate M. Poling:
H. B. 2462 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931,
as amended, relating to changing the paygrade of 'sanitation plant operator' from 'f' to 'g'"; to the
Committee on Finance.
By Delegates Anderson, Boggs and Ellem:
H. B. 2463 - "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931,
as amended, relating to allowing parking fees to be charged for accessible (handicapped) parking spaces under certain circumstances; permitting time limits for accessible parking spaces within
business districts; imposing new penalties for noncompliance; and requiring the Commissioner of
the Division of Motor Vehicles to provide certain informational documents to accessible parking
recipients and the general public"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates White and Frederick:
H. B. 2464 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-14C-36a; to amend said code by adding thereto a new article,
designated §11-14D-1; and to amend and reenact §11-15-9 of said code, all relating to creation of
the Economic Development Enterprise Zone Act of 2007; providing findings and purpose;
exempting qualified service stations, truck stops and convenience stores from the payment of excise
taxes on sales of gasoline, special fuel and from the payment of consumer sales tax on the sale of
gasoline, special fuel and food items; exempting particular grocery stores from the payment of the
consumer sales tax on the sale of food items; and making the exemptions applicable to service
stations, truck stops, convenience stores and grocery stores located within five miles of similarly
situated businesses in bordering states and located in counties which the unemployment rate has been
at least ten percent for the previous four consecutive calender quarters"; to the Committee on
Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Spencer and Eldridge:
H. B. 2465 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §15-12A-1 and §15-12A-2, all relating to creating a registry of
persons convicted of operating a clandestine drug laboratory; designating certain information to be
contained on the registry; directing the Criminal Identification Bureau of the State Police to create
a website using descriptive terms for the public to access relative to the information in the registry;
and requiring the Superintendent of the State Police to propose rules to implement the provisions of
the article"; to the Committee on the Judiciary.
By Delegate Spencer:
H. B. 2466 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-14g, relating to establishing the crime of trafficking of
persons; and penalty"; to the Committee on the Judiciary.
By Delegates Webster, Proudfoot, Stemple, Varner, Kominar, Amores, Staggers, Ellem
and Palumbo:
H. B. 2467 - "A Bill to amend and reenact §50-2-1 of the Code of West Virginia, 1931, as
amended, relating to giving magistrates the authority to perform marriages; and allowing magistrates
to charge up to fifty dollars for performing a marriage"; to the Committee on the Judiciary.
By Delegates Fragale, Miley and Iaquinta:
H. B. 2468 - "A Bill to amend and reenact §3-1-3 of the Code of West Virginia, 1931, as
amended, relating to prohibiting any person convicted of any felony from voting in an election of
state and local officials"; to the Committee on the Judiciary.
By Delegates Tansill and Palumbo:
H. B. 2469 - "A Bill to amend and reenact §61-6-17 of the Code of West Virginia, 1931, as
amended, relating to increasing criminal penalties for the crime of falsely reporting bomb or
explosive threats; and providing that juveniles accused of making a false bomb threat report shall
be treated as an adult"; to the Committee on the Judiciary.
By Delegates White and Perry:
H. B. 2470 - "A Bill to amend and reenact §46A-5-101 of the Code of West Virginia, 1931,
as amended, relating to limiting to one year the time that an action may be brought for a violation
of the Consumer Protection Act involving consumer credit sales or consumer loans made pursuant
to revolving charge accounts or revolving loan accounts; and providing certain exceptions"; to the
Committee on the Judiciary.
By Delegates Iaquinta, Caputo, Fragale and Evans:
H. B. 2471 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto two new sections, designated §23-4-26 and §23-4-27, all relating to cardiovascular injury or disease or pulmonary disease suffered by a professional firefighter; creating a rebuttable
presumption that cardiovascular injury or disease or pulmonary disease suffered by a professional
firefighter is an occupational injury, if certain criteria are met; creating a rebuttable presumption that
cardiovascular injury or disease or pulmonary disease resulting in death of a professional firefighter
is a death by an occupational injury, if certain criteria are met; providing that sufficient notice of
occupational injury, disease or death has been satisfied under such circumstances; establishing
presumption that death or injury not occasioned by willful intent; and definitions"; to the Committee
on the Judiciary then Finance.
By Delegates Iaquinta, Caputo, Fragale and Evans:
H. B. 2472 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto three new sections, designated §23-4-26, §23-4-27 and §23-4-28, all relating to
cardiovascular injury or disease or pulmonary disease suffered by a firefighter; cardiovascular injury
or disease or pulmonary disease resulting in a firefighter's death; and presumption of occupational
disease for certain types of cancer for firefighters who have been exposed to toxic substances"; to
the Committee on the Judiciary then Finance.
By Delegates Ennis, Perry and Boggs:
H. B. 2473 - "A Bill to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as
amended, relating to the creation of an affirmative defense for certain civil and criminal actions
arising from the sale of alcoholic liquors, wine and nonintoxicating beer by licensed private clubs
to persons less than the age of twenty-one whose age is verified by use of scanner technology"; to
the Committee on the Judiciary.
By Delegates Blair, Duke, Overington, Tabb and Doyle:
H. B. 2474 - "A Bill to amend and reenact §20-7-25 of the Code of West Virginia, 1931, as
amended, relating to establishing a volunteer litter reporting program"; to the Committee on
Agriculture and Natural Resources then the Judiciary.
By Delegates Williams, Perry, Stemple and Argento:
H. B. 2475 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to reducing state income tax for state correctional officer retirees by exempting
state correctional officers' retirement income from the federal adjusted gross income for calculating
adjusted gross income for state income tax purposes"; to the Committee on Pensions and Retirement
then Finance.
By Delegates Ennis, Long and Tucker:
H. B. 2476 - "A Bill to amend and reenact §17C-6-1 of the Code of West Virginia, 1931,
as amended, relating to speed limits generally and authorizing the Commissioner of the Division of
Highways to establish speed limits lower than twenty-five miles per hour"; to the Committee on
Roads and Transportation then the Judiciary.
By Delegates Kominar, Brown and Craig:
H. B. 2477 - "A Bill to amend and reenact §48-11-105 of the Code of West Virginia, 1931,
as amended, relating to child support generally; and modifying the definition of 'substantial
change'"; to the Committee on the Judiciary.
By Delegates Kominar and Stalnaker:
H. B. 2478 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §24-2F-1, relating to rates and charges assessed by electric and
natural gas utilities; providing for the assessment of rate surcharges by electric and natural gas
utilities to allow the utilities to recoup expenses associated with uncollectible accounts; and requiring
the Public Service Commission to promulgate related rules"; to the Committee on the Judiciary.
By Delegates Stalnaker and White:
H. B. 2479 - "A Bill to amend and reenact §29-22-12 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §29-22A-16 of said code, all relating to video lottery offenses
in general; making it a felony to steal lottery tickets and establishing the penalty therefor; and making
it a felony to use, or assist another in the use of, certain electronic, electrical, or mechanical devices
to obtain an advantage at playing any racetrack video lottery machine, and establishing the penalty therefor"; to the Committee on the Judiciary.
By Delegates Williams, Eldridge, Paxton, Canterbury, Fragale and Lane:
H. B. 2480 - "A Bill to amend and reenact §18-5-13a of the Code of West Virginia, 1931,
as amended, relating to requiring voter approval prior to closure and consolidation of certain schools
with grades eight or below when new building construction or addition of two or more classrooms
are involved and the closure or consolidation was not included in a local bond issue approved by the
voters; exceptions"; to the Committee on Education then the Judiciary.
By Delegates Williams, Boggs and Tabb:
H. B. 2481 - "A Bill to amend and reenact §17A-10-3 of the Code of West Virginia, 1931,
as amended, relating to registration fees for vehicles and 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";
to the Committee on Roads and Transportation then Finance.
By Delegates Boggs, Perdue, Ashley and Barker:
H. B. 2482 - "A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as
amended, relating to increasing penalties for financial exploitation of an elderly person or
incapacitated adult"; to the Committee on the Judiciary.
By Delegates DeLong, Mahan, Morgan, Azinger and Hamilton:
H. B. 2483 - "A Bill to amend and reenact §20-1A-3 of the Code of West Virginia, 1931,
as amended, relating to granting the public land corporation the authority to condemn certain
abandoned structures in the waters of the state causing or contributing to flooding or erosion;
requiring owner to remove certain abandoned structures; authorizing repayment to public land
corporation for certain costs incurred; authorizing citations for violations of right of entry; and
establishing civil penalties"; to the Committee on the Judiciary.
By Delegates DeLong, Mahan, Morgan, Azinger and Hamilton:
H. B. 2484 - "A Bill to amend and reenact §21-9-4 and §21-9-12 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §24-2-2 of said code, all relating to requiring manufactured housing, fuel oil and propane tanks and other items to be properly secured when in
flood plain; requiring certificate or installation approval from flood plain manager prior to
installation; providing for penalties; providing that utility service may not be provided to a building
or manufactured home under certain conditions; and requiring building or property owner provide
utility companies with certificate or installation approval before service to home may be provided";
to the Committee on the Judiciary.
By Delegates DeLong, Mahan, Morgan, Pino, Azinger and Hamilton:
H B. 2485 - "A Bill to amend and reenact §7-1-3u of the Code of West Virginia, 1931, as
amended; and to amend and reenact §19-21A-4 of said code, all relating to flood plain management
and flood debris generally; requiring flood plain management plans to prohibit or regulate placement
of manufactured housing and storage of materials which may become flood debris or present
additional flood hazards; requiring local governments establish penalties for violations of flood plain
management plans; and authorizing the conservation agency to remove debris and other impediments
during flood emergencies"; to the Committee on the Judiciary.
By Delegates Kominar, Brown and Craig:
H. B. 2486 - "A Bill to amend and reenact §48-13-502 and §48-13-601 of the Code of West
Virginia, 1931, as amended, all relating to including education related child care expenses in the
child support calculation; and eliminating the twenty-five percent reduction to the child support
adjustment"; to the Committee on the Judiciary.
By Delegates Hatfield, Martin, Perdue, Marshall and Long:
H. B. 2487 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-43-1, relating to ensuring patient safety; defining terms;
creating an 'acuity-based patient classification system'; assigning powers and duties to the Bureau
for Public Health; establishing minimum direct-care registered nurse to patient ratios; requiring
annual staffing plans and certifications as a condition of licensing; requiring an annual audit;
providing additional conditions for licensing; prohibiting assignment of unlicensed personnel to perform licensed nurse functions; requiring a full-time registered nurse executive leader; providing
for quality assurance; requiring appropriate orientation and competence in clinical area of assignment
with documentation thereof to be maintained in personnel files; prohibiting understaffing of other
personnel; prohibiting mandatory overtime and on-call policies except in emergencies; providing for
violations and civil penalties; and posting notices of violations"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegates Miley and Fragale:
H. B. 2488 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as
amended, relating to fleeing from a law-enforcement officer; and providing felony penalties for
certain persons convicted of fleeing a law-enforcement officer"; to the Committee on the Judiciary.
By Delegates Caputo, Fragale and Longstreth:
H. B. 2489 - "A Bill to amend and reenact §18-5-13a of the Code of West Virginia, 1931,
as amended, relating to requiring voter approval prior to closure and consolidation of certain schools
with grades eight or below when new building construction or addition of two or more classrooms
are involved and the closure or consolidation was not included in a local bond issue approved by the
voters; exceptions"; to the Committee on Education then Finance.
By Delegates Palumbo, Wells, Hatfield, Brown, Walters and Stemple:
H. B. 2490 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as
amended, relating to permitting county sheriffs to deny a licence to carry a concealed weapon to
applicants who have been convicted of a misdemeanor sexual offense at the county sheriff's
discretion"; to the Committee on the Judiciary.
By Delegates Caputo and Martin:
H. B. 2491 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating
to meeting and conference rights for members of fire departments employed by political
subdivisions; providing for the right of self-organization; allowing designation of an exclusive representative agent; imposing a duty to meet and confer with employees; allowing deduction of
employee organization dues and assessments; providing for compulsory arbitration of disputes;
listing prohibited acts; allowing hearing before Civil Service Commission; providing judicial review;
specifying powers and duties of the Civil Service Commission; and allowing injunctive relief"; to
the Committee on Political Subdivisions then the Judiciary.
By Delegates Frederick, Porter and Long:
H. B. 2492 - "A Bill to amend and reenact §22-11-3 of the Code of West Virginia, 1931, as
amended, relating to defining 'fill material' in the Water Pollution Control Act"; to the Committee
on the Judiciary.
By Delegates Hamilton, Sobonya, Ellem, Porter, M. Poling and Stalnaker:
H. B. 2493 - "A Bill to amend and reenact §17C-16-6 of the Code of West Virginia, 1931,
as amended, relating to motor vehicle inspections generally; and removing the provision for free
headlight adjustments"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, Hrutkay and Doyle:
H. B. 2494 - "A Bill to amend and reenact §57-3-9 of the Code of West Virginia, 1931, as
amended, relating to removing the privilege of confidentiality in communications to clergy when the
communications involve matters involving sexual abuse of a minor child"; to the Committee on the
Judiciary.
By Delegates Brown, Martin, Hrutkay and Doyle:
H. B. 2495 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46-9-410, relating to the use of checks, bank account debit
authorizations or share drafts as security for loans or cash advances made for personal, family or
household purposes"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Caputo, Talbott and Hatfield:
H. B. 2496 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-22-3, relating to requiring contractors awarded state public works construction projects to meet time restrictions for the completion of a public works
construction project; defining 'public works construction contract'; providing a monetary penalty
for failure to complete a public works construction project on the agreed-upon completion date;
providing exceptions in which extensions may be granted; providing limitations upon an increase
in contract price, or extension of time to complete a project, in the event of change orders; and
directing the Secretary of the Department of Administration to propose legislative rules designed to
implement the law"; to the Committee on Industry and Labor, Economic Development and Small
Business then Government Organization.
By Delegate Palumbo:
H. B. 2497 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §51-2-13a, relating to creation of the Judicial Compensation
Commission; providing for the appointment of commission members; providing that the commission
makes recommendations to the Legislature concerning the salary of magistrates, judges and justices";
to the Committee on the Judiciary.
By Delegates Azinger and Craig:
H. B. 2498 - "A Bill to amend and reenact §61-8-9 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §61-8B-1 of said code, all relating to sexual offenses involving
children; enhancing the penalty for indecent exposure where the victim is a child under the age of
fourteen; increased penalties for second and subsequent offenses; expanding the definition of sexual
contact to include the touching of the buttocks"; to the Committee on the Judiciary.
By Delegates Cann, Stalnaker, Perdue and Perry:
H. B. 2499 - "A Bill to amend and reenact §11-21-10 of the Code of West Virginia, 1931,
as amended, relating to the low income exclusion of the personal income tax"; to the Committee on
Finance.
By Delegates Marshall, Hatfield, Tucker, Miley, M. Poling and Moore:
H. B. 2500 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i; and to amend said code by adding thereto a new section,
designated §17A-3-4a, all relating to special equipment installed in a motor vehicle for the use of
a person with physical disabilities; and excluding the equipment from the sales and use tax and its
value when determining the value of the vehicle for imposition of the tax on the privilege of
effecting the certification of the title of the vehicle"; to the Committee on Roads and Transportation
then Finance.
By Delegates Marshall, Hatfield, Tucker, Fragale, Miley and M. Poling:
H. B. 2501 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated º46A-2A-101 and º46A-2A-102, all relating to enabling a
consumer to direct a consumer reporting agency to place a 'security freeze' on his or her credit
report"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Marshall, Hrutkay, Hatfield, Long, Moore, Brown, Longstreth, Perry,
Wells and Spencer:
H. B. 2502 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10-22j; and to amend said code by adding thereto a new section,
designated §18-7A-26u, all relating to the Public Employees Retirement System and the Teachers
Retirement System; and providing a one-time supplement for annuitants and survivor beneficiaries
after being retired five consecutive years"; to the Committee on Pensions and Retirement then
Finance.
By Delegates Boggs, Stemple and Tansill:
H. B. 2503 - "A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931,
as amended, relating to the requirements for obtaining a driver's license or identification card; and
allowing persons who possess a valid driver's license to also obtain an identification card"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates Boggs and Williams:
H. B. 2504 - "A Bill to amend and reenact §17A-4-10 of the Code of West Virginia, 1931, as amended, relating to salvage certificates for certain wrecked vehicles; changing the threshold by
which a vehicle is determined to be totaled; clarifying that insurance companies must obtain the title
to a totaled vehicle when they pay a claim to an insured or claimant, as a condition of payment;
providing that the cost of airbag replacement is not to be considered when calculating the cost of
repair for the purposes of determining whether the vehicle is totaled; providing that nothing in
subsection (a) of the section shall be construed to limit the ability of any party to a claim for damages
to a motor vehicle to settle the claim by arbitration or negotiation; clarifying that insurers shall,
within ten days, determine if the vehicle is repairable, cosmetically damaged or nonrepairable and
submit an application on a form prescribed by the commissioner; providing that only a
wrecker/dismantler/rebuilder that is licensed by the Division of Motor Vehicles is exempt from the
payment of the five percent privilege tax on titling reconstructed vehicles"; to the Committee on
Roads and Transportation then Finance.
By Delegates White and Kominar:
H. B. 2505 - "A Bill to amend and reenact §46A-4-110 of the Code of West Virginia, 1931,
as amended, relating to the sale of home and automobile membership plans by consumer lenders";
to the Committee on the Judiciary.
By Delegates Brown and Caputo:
H. B. 2506 - "A Bill to amend and reenact §16-30-3 and §16-30-5 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §16-30C-2, §16-30C-3, §16-30C-6 and
§16-30C-9 of said code, all 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; and providing protections from civil and
criminal liability under certain circumstances"; to the Committee on the Judiciary.
By Delegates DeLong and Perdue:
H. B. 2507 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §27-17A-1, §27-17A-2, §27-17A-3, §27-17A-4, §27-17A-5, §27-17A-6, §27-17A-7, §27-17A-8, §27-17A-9, §27-17A-10, §27-17A-11 and §27-17A-12, all
relating to creation of a registry containing names of employees from any agency or organization
under the authority of the Department of Health and Human Resources who have committed acts of
abuse, neglect or misappropriation of property against any person under the care, custody or control
of the agency or organization; providing for definitions of certain terms; requiring that each
organization and agency under the authority of the Department of Health and Human Resources
maintain individual employee forms for recording personal information as well as information
related to allegations of abuse, neglect or misappropriation of property; addressing how complaints
are handled and investigated; providing for appeal by persons determined to have committed any act
of misconduct under the provisions of this article; requiring employment screening of applicants for
employment; setting forth the Secretary of the Department of Health and Human Resources' duties
under the article; prohibiting the employment of persons whose names are contained on the registry;
setting forth the standard of proof to be applied in contested matters involving allegations of
misconduct; providing that, pending final outcome of contested matters involving allegations of
misconduct, records are not accessible to the public; providing that information contained on the
registry is public information; providing a mechanism for removal of names from the registry for
good cause; requiring the secretary to propose legislative rules for rehabilitation and behavior
modification of persons whose names are included on the registry; and, requiring mandatory
reporting by employees and others of instances of abuse, neglect or misconduct they witness subject
to the provisions of this article"; to the Committee on Government Organization then the Judiciary.
By Delegates Swartzmiller and Mahan:
H. B. 2508 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §49-6A-9a, relating to requiring that a letter of explanation from
the Department of Health and Human Resources be provided to parents whose children are contacted
at school for purposes of investigating reports of abuse or neglect"; to the Committee on Government
Organization then the Judiciary.
By Delegates Schoen and Caputo:
H. B. 2509 - "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 Delegates Webster, Spencer, Palumbo, Hatfield and Brown:
H. B. 2510 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §31-15-23a, relating to providing a special fund for the Economic
Development Authority to address employment and economic development problems of minority
populations of this state"; to the Committee on Industry and Labor, Economic Development and
Small Business then Finance.
By Delegates Iaquinta, Argento, Barker, Fragale and Azinger:
H. B. 2511 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-16C-9a, relating to providing unused, unexpired nonnarcotic
drugs to free health care clinics in the state from deceased nursing home patients or residents with
the consent of the family of the decedent"; to the Committee on Health and Human Resources the
Finance.
By Delegates Palumbo, Mahan, Brown, Carmichael, Frederick, Ellem and Doyle:
H. B. 2512 - "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931,
as amended, relating to making the offense of failure to wear safety belts a primary offense"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates DeLong, Martin, Hrutkay and Paxton:
H. B. 2513 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as
amended, relating to exempting one motor vehicle owned by a resident of this state on active duty
in the United States Military from ad valorem taxes for any taxable year the person is in the
military"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegates Ennis, Stemple and Varner:
H. B. 2514 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as
amended, relating to license to carry a deadly weapon; and adding a training course exception for
certain veterans"; to the Committee on the Judiciary.
By Delegates DeLong, Walters, Hatfield and Caputo:
H. B. 2515 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto four new sections, designated §5-3-6, §5-3-7, §5-3-8 and §5-3-9, all relating to the Attorney
General generally; creating an insurance advocacy unit in the Office of the Attorney General;
providing for the appointment of an Insurance Advocate; setting forth the authority of the Insurance
Advocate; and providing for the duties of the Insurance Advocate"; to the Committee on Banking
and Insurance then Finance.
By Delegates Moore, Kominar, Perry, Barker, Carmichael and Ashley:
H. B. 2516 - "A Bill to amend §31A-2-6 of the Code of West Virginia, 1931, as amended,
relating to providing that the Division of Banking shall employ the same frequency of examination
schedules of depository financial institutions as the primary federal regulators of those institutions";
to the Committee on Banking and Insurance then Finance.
By Delegates Moore, Kominar, Perry, Barker, Carmichael and Ashley:
H. B. 2517 - "A Bill to amend §31A-8A-2 and §31A-8A-3 of the Code of West Virginia,
1931, as amended, all relating to providing that the board of banking and financial institutions have
the authority to approve acquisitions of out-of-state banks and bank holding companies by West
Virginia state banks or bank holding companies"; to the Committee on Banking and Insurance then
Finance.
By Delegates Moore, Kominar, Perry, Barker, Carmichael and Ashley:
H. B. 2518 - "A Bill to amend and reenact §31A-3-1 of the Code of West Virginia, 1931,
as amended, relating to providing that the per diem compensation for members of the Board of
Banking and Financial Institutions shall be the same as the amount set by law for legislators attending to interim duties"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2519 - "A Bill to amend and reenact §4-11A-1, §4-11A-2 and §4-11A-3 of the Code
of West Virginia, 1931, as amended; and to amend said code by adding thereto thirteen new sections,
designated §4-11A-6, §4-11A-7, §4-11A-8, §4-11A-9, §4-11A-10, §4-11A-11, §4-11A-12, §4-11A-
13, §4-11A-14, §4-11A-15, §4-11A-16, §4-11A-17 and §4-11A-18, all relating to legislative
appropriation of tobacco settlement funds; setting forth legislative findings and purposes; receipt of
settlement funds and required deposit in West Virginia Tobacco Settlement Medical Trust Fund;
receipt of settlement funds and required deposit in the West Virginia Tobacco Settlement Fund;
creation of Tobacco Settlement Finance Authority and providing for general powers; establishing
governing board of the authority; defining staff of the authority; limitation of liability; providing
certain definitions; authorizing sale of rights in a master settlement agreement; authorization of
bonds of the authority; providing for the use of proceeds of bonds of the authority; providing an
exemption from state purchasing provisions; providing bankruptcy provisions; establishing the
dissolution of the authority; severability of sections; and construction of article"; to the Committee
on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2520 - "A Bill to amend and reenact §7-18-2 of the Code of West Virginia, 1931, as
amended, relating to hotel occupancy tax; increasing the rate of hotel occupancy tax imposed by
counties to not more than six percent"; to the Committee on Government Organization then Finance.
By Delegates Spencer, Craig, Stemple, Browning, Stephens, Duke and Canterbury:
H. B. 2521 - "A Bill to amend and reenact §18-7A-13a, §18-7A-14, §18-7A-23 and §18-7A-
24 of the Code of West Virginia, 1931, as amended, all relating to the State Teachers Retirement
System; requiring employers to provide information for contributions to the Teachers Retirement System; and clarifying terms in the State Teachers Retirement System"; to the Committee on
Pensions and Retirement then Finance.
By Delegates Spencer, Stemple, Duke, Canterbury, Browning, Craig and Stephens:
H. B. 2522 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10D-6a, relating to voluntary election by eligible public safety
officers for distributions from retirement plans for payment of qualified health insurance premiums";
to the Committee on Pensions and Retirement then Finance.
By Delegates Spencer, Duke, Canterbury, Browning, Craig, Stephens and Stemple:
H. B. 2523 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10D-9, relating to when the Consolidated Public Retirement
Board shall pay annuities"; to the Committee on Pensions and Retirement then Finance.
By Delegates Spencer, Stemple, Duke, Canterbury, Browning and Stephens:
H. B. 2524 - "A Bill to repeal §5-10-43 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §5-10-26, §5-10-44 and §5-10-54 of said code, all relating to the Public
Employees Retirement System; removing the requirement that a no longer disabled employee must
return to his or her former job; permitting administrative hearings before disability retirement
termination; requiring a reemployment list; clarifying procedures for reapplication by disability
retirants whose benefits were terminated for economic causes; correcting errors; terminating benefits
for knowingly making false statements or permitting false records to be filed with the Consolidated
Public Retirement Board in an attempt to defraud the system; and requiring notification to the
appropriate county prosecutor"; to the Committee on Pensions and Retirement then Finance.
By Delegates Swartzmiller, Beach, Hrutkay, Klempa, Pethtel, Ennis, Iaquinta,
Hutchins, Perry, Shook and DeLong:
H. B. 2525 - "A Bill to amend and reenact §24E-1-11 of the Code of West Virginia, 1931,
as amended, relating to extending the termination of the West Virginia statewide addressing and
mapping board from the first day of April, two thousand seven, until the first day of April, two thousand nine, by transferring duties of the board to the Division of Homeland Security and
Emergency Management; providing for legislative and emergency rules for standards; providing
funding and interoperability; providing for legislative and emergency rules for standard fees to be
charged by counties for digital or other maps, compilations or other works; creating an advisory
board to advise on matters concerning a statewide addressing and mapping system; and, establishing
the composition and powers of the advisory board"; to the Committee on Veterans Affairs and
Homeland Security then Government Organization.
House Calendar
Third Reading
H. B. 2141, Raising the age at which a person may request to be excused from jury duty from
sixty-five to seventy; 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. 7), and
there were--yeas 74, nays 20, absent and not voting 5, with the nays and absent and not voting being
as follows:
Nays: Anderson, Argento, Armstead, Ashley, Barker, Blair, Border, Kessler, Lane, Martin,
J. Miller, Moye, Porter, Schadler, Sobonya, Stemple, Stephens, Tabb, Walters and Wysong.
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (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.
H. B. 2285, Updating the meaning of federal adjusted gross and certain other terms used in
West Virginia Personal Income Tax Act; 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. 8), and
there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as
follows:
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2285) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 9), and there were--yeas 94, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2285) 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.
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; 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. 10),
and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub.. for H. B. 2314) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 11), and there were--yeas 94, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
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. 2314) 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.
Com. Sub. for H. B. 2315, Relating to notification of parole hearings; 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. 12),
and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2315) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
Com. Sub. for H. B. 2120, Prescribing minimum standards for municipal judges; on first
reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Andes, Campbell, Carmichael, Michael and Talbott.
At 11:44 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 25,
2007.