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Friday, February 9, 2007

THIRTY-FIRST 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 Thursday, February 8, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 6, Urging the Supreme Court to adopt the Lawyer Advertising Commission's recommendations to expand and amend the West Virginia Rules of Professional Conduct,
H. C. R. 9, Urging the Supreme Court to design and implement a process of data collection on divorce and child custody matters,
H. C. R. 12, The Narvel Perdue Bridge,
H. C. R. 15, The Travis Harless Memorial Highway,
H. R. 11, Creating a Select Committee on Mine Safety Issues,
And reports the same back with the recommendation that they each be adopted.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2309, Relating to tourism development projects and tourism expansion projects,
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 Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2309) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2610, Osteopathy, physician assistants,
H. B. 2613, Real Estate Commission, licensing real estate brokers,
And,
H. B. 2624, Architects, registration of architects,

And reports the same back 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. 2610, H. B. 2613 and H. B. 2624) were each referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2693, Veterinary Medicine, registration of veterinary technicians,
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. 2693) was referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
On motion for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates White, Boggs, Kominar, M. Poling, Iaquinta, Ashley and Walters:
H. B. 2988 - "A Bill to amend and reenact §11-10-4 of the Code of West Virginia, 1931, as amended, relating to administration of taxes, and enacting certain definitions,"
By Delegates Yost, Reynolds, Perdue, Doyle, Barker, Tucker, Marshall, Manchin and Blair:

H. B. 2989
- "A Bill to amend and reenact §11-10E-6, §11-10E-8 and §11-10E-9 of the Code of West Virginia, 1931, as amended, all relating to certain tax shelters used to avoid paying state income taxes; clarifying when certain penalties are imposed; determining when the tax shelter registration number is to be filed with the tax commissioner; and determining when tax shelter investor lists are to be filed with the tax commissioner,"
By Delegates Doyle, Barker, Klempa, Marshall, Carmichael and Blair:
H. B. 2990
- "A Bill to amend and reenact §11-10-11 of the Code of West Virginia, 1931, as amended, relating to the administration of taxes; and providing technical corrections to assure the proper collection of offset fees,"
By Delegates White, Boggs, Yost, Reynolds, Perdue, Doyle, Tucker, Marshall, Manchin, Anderson and Border:

H. B. 2991
- "A Bill to amend and reenact §11-1-1 of the Code of West Virginia, 1931, as amended, relating to the State Tax Division in the Department of Revenue; and authorizing the tax commissioner to conduct criminal background checks for prospective employees,"
By Delegates White, Kominar, Reynolds, Perdue, Iaquinta, Stalnaker, Ashley, Evans, Border and Walters:

H. B. 2992
- "A Bill to amend and reenact §11-27-11 of the Code of West Virginia, 1931, as amended, relating to decreasing the health care provider tax imposed on gross receipts of providers of nursing facility services and setting forth effective date."
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2955 - "A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended, relating to establishing a flat-rate excise tax on motor fuels at $.205,"
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2955 - "A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended, relating to extending the date to which the rate of the flat-rate component of the motor fuel excise tax will remain at twenty and one-half cents per invoiced gallon,"
H. B. 2801, Providing a fifty thousand dollar death benefit to the families of firefighters and EMS personnel who are killed in the line of duty,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2801 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §5H-1-1, §5H-1-2, and §5H-1-3, all relating to providing a death benefit to the families of firefighters and EMS personnel who are killed as a result of an injury arising out of and in the course of performance of official duties or arising out of any activity on or off duty in the capacity of a firefighter or EMS provider; establishing an effective date; and establishing the processes to get the death benefits and the funding source,"
H. B. 2380, Exempting the purchase of certain drugs, durable medical goods, etc., from the consumers sales and service tax,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2917, Repealing the requirement in the Consumers Sales and Service Tax and the Personal Income Tax that require the accelerated payment of those taxes in the month of June,
And reports the same back with the recommendation that it do pass.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 360, Extending the time a local levying body may meet as a levying body,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 360) to the Committee on the Judiciary was abrogated.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2204, Providing that retiring municipal police officers keep their service revolver,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2004) to the Committee on the Judiciary was abrogated.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented the annual report of the Legislative Oversight Committee on Regional Jail and Correctional Facility Authority, in accordance with section twenty- six, article twenty, chapter thirty-one 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 concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 139, Denying petition for name change in certain cases.
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. 398 - "A Bill to amend and reenact §17A-3-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-9-5 and §17A-9-7 of said code, all relating to the authority of the Division of Motor Vehicles to refuse to register and to suspend or revoke motor vehicle registrations of motor carriers whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration"; which was referred to the Committee on the Judiciary.
Resolutions Introduced

Delegates Perry, Amores, Anderson, Argento, Barker, Beach, Boggs, Border, Brown, Burdiss, Cann, Canterbury, Caputo, Craig, Crosier, DeLong, Duke, Eldridge, Ellem, Ellis, Ennis, Fleischauer, Fragale, Guthrie, Hamilton, Hatfield, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa, Kominar, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Rodighiero, Romine, Schoen, Shaver, Shook, Sobonya, Spencer, Staggers, Stalnaker, Stephens, Swartzmiller, Tabb, Tucker, Varner, Walters, Webster, Wells, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 25 - "Expressing the concern of the Legislature that a probable corporate takeover of Elkem by Alcoa Corporation may adversely affect the state economy and cause employees of Elkem to lose their employment, and urging any corporation that owns and operates a hydro-electric or steam generation facility in this state for the manufacture of a specific product, not to sell or lease the facility for any purpose other than the manufacture of the specific product, as same is listed on the corporation's current license granted by the Federal Energy Regulation Commission, without first conducting an economic impact survey which includes determining the identity of employees who would suffer adverse employment consequences as a result of the sale or lease of the facility for purposes other than the manufacture of the specific product."
Whereas, To the extent it appears that a probable corporate takeover of Elkem Corporation by Alcoa Corporation looms in the near horizon and that many persons, including civic leaders, legislators and employees of Elkem are experiencing reasonable and justifiable concerns that such a takeover may adversely affect the state's economy as well as displacing significant numbers of Elkem's current employees as the result of short-term profit motives being given first priority at the expense of longer term economic considerations as a direct result of the expected corporate takeover; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby expresses its concern that a probable corporate takeover of Elkem by Alcoa Corporation may adversely affect the state's economy and cause employees of Elkem to lose their employment; and, be it
Further Resolved, That the Legislature urges any corporation that owns and operates a hydro- electric or steam generation facility in this state for the manufacture of a specific product, not to sell or lease the facility for any purpose other than the manufacture of the specific product, as same is listed on the corporation's current license granted by the Federal Energy Regulation Commission, without first conducting an economic impact survey which includes determining the identity of employees who would suffer adverse employment consequences as a result of the sale or lease of the facility for purposes other than the manufacture of the specific product; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Board of Directors of Elkem Corporation and Alcoa Corporation, and to this state's Congressional Delegation and the Governor.
Delegates Hamilton, M. Poling, Stalnaker and Fragale offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 26 - "Naming the bridge located in Upshur County on U.S. Route 33 east of Buckhannon, 'The Sheriff Fred Gaudet Bridge'."
Whereas, Frederic "Fred" M. Gaudet was born the son of Mabel and Stanley Gaudet on April 17, 1949, in Upshur County, West Virginia; and
Whereas, Fred Gaudet was a member of the 1966 Buckhannon High School state championship football team; and
Whereas, Fred Gaudet graduated from the Richmond Bureau of Police Academy and the FBI National Academy before obtaining a B.A. Degree in Criminal Justice and Government from Wesleyan College; and
Whereas, Fred Gaudet served as President of the West Virginia Sheriff's Association in 1987; and
Whereas, Fred Gaudet received many awards throughout his life in recognition of his dedicated service in law enforcement and community activities - including the "Excellent Police Duty Medal", a Police Conduct Medal, an "Outstanding Young Man of America Award," a "Commitment to Duty Award," and the "Upshur County Citizen of the Year Award." Posthumously, Mr. Gaudet was awarded the "Criminal Justice Partnership Award" by the West Virginia Prosecuting Attorneys' Association; and
Whereas, Fred Gaudet, after serving as a homicide detective with the Richmond Police Department in Richmond, Virginia, returned to his beloved Upshur County where he served variously as Sheriff, Magistrate and County Commissioner - and, at the time of his death on November 2, 1999, as Police Chief for the City of Buckhannon; therefore, be it
Resolved by the Legislature of West Virginia:
That the bridge located in Upshur County on U.S. Route 33, east of Buckhannon, be named "The Sheriff Fred Gaudet Bridge"; and, be it
Further Resolved, That the Division of Highways shall cause to be manufactured signs to be displayed at either end of said bridge displaying in prominent lettering - "The Sheriff Fred Gaudet Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this Resolution to the Division of Highways, to Deborah Gaudet, Mr. Gaudet's widow, to Brian Gaudet, Erica Gaudet, John Niland, Jaclyn Niland and Natalie Niland Lint, Mr. Gaudet's Children and, to Mr. Gaudet's siblings, Larry Gaudet, Jim Gaudet and Mary Shoulders.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Browning and Varner:
H. J. R. 19 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section ten, article eight thereof, relating to increasing the term of magistrates from four years to six years; 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 Michael, Miley, Moye, Stemple, Pino, Boggs, Lane, Overington, Armstead, Sumner and Moore:

H. J. R. 20 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty-three, relating to the marriage protection amendment; prohibiting the state from recognizing same sex marriages; prohibiting the state from recognizing a legal status for relationships that is similar to marriage; 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 Fleischauer, Staggers, Mahan, Kessler, Moye, Proudfoot, Spencer, Wells, Marshall, Shook and Ellem:

H. J. R. 21 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty-seven, relating to revenues accruing from the sales of specialized motor vehicle registration plates to honor the memory of West Virginians who have served and given their lives as members of the military, military reserves, National Guard, law-enforcement officers, firefighters and emergency medical service personnel; providing that such additional revenues collected from the issuance of such plates shall be used solely for the continuing education of surviving dependents of West Virginians who have died as a result of injuries they sustained in the line of duty while serving as or emergency response personnel or as members of law enforcement or the military; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegates Yost, Argento, Barker, Boggs, Brown, Burdiss, Canterbury, Caputo, DeLong, Eldridge, Ellem, Ellis, Fleischauer, Fragale, Guthrie, Hamilton, Hatfield, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa, Longstreth, Mahan, Manchin, Marshall, Martin, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry, D. Poling, M. Poling, Rodighiero, Shook, Staggers, Stephens, Tucker, Webster and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 17 - "Urging the United States Congress to pass the Employee Free Choice Act (S.1925 and H.R.3619) to authorize the National Labor Relations board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them."
Whereas, In 1935, the United States established, by law, that workers must be free to form unions; and
Whereas, The freedom to form or join a union is internationally recognized as a fundamental human right; and
Whereas, Union membership provides workers better wages and benefits, and protection from discrimination and unsafe workplaces; and
Whereas, Workers want to organize, but can't, when more than 40 million U.S. workers say they would join a union now if they had the opportunity; and
Whereas, Even though on paper America's workers have the freedom to choose for themselves whether to have a union, in reality, workers across the nation are routinely denied that right; and
Whereas, When the right of workers to form a union is violated, wages fall, race and gender pay gaps widen, workplace discrimination increases and job safety standards disappear; and
Whereas, Many thousands of America's workers are routinely threatened, coerced or fired each year because they try to form a union; and
Whereas, Most violations of workers freedom to choose a union occur behind closed doors and each year millions of dollars are spent to frustrate workers' efforts to form unions; and
Whereas, A worker's fundamental right to choose a union is a public issue that requires public policy solutions, including legislative remedies; and
Whereas, The Employee Free Choice Act (S.1925 and H.R.3619) has been introduced in the U.S. Congress in order to restore worker's freedom to join a union; therefore, be it
Resolved by the House of Delegates:
That the West Virginia Legislature supports the Employee Free Choice Act (S.1925 and H.R.3619) which would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them; provide for first contract mediation and arbitration; and establish meaningful penalties for violations of a worker's freedom to choose a union; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to state's congressional representatives.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Eldridge, Amores, Rodighiero, Longstreth, Staggers, Hrutkay, Ellis, Argento, Barker, Marshall and Reynolds:

H. B. 2957
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-5-1b; and to amend and reenact §3-5-7 of said code, all relating to changing the date for primary elections and filing date for candidates"; to the Committee on the Judiciary.
By Delegates Stalnaker, Campbell and Border:
H. B. 2958
- "A Bill to amend and reenact §3-8-7 of the Code of West Virginia, 1931, as amended, relating to requiring the Secretary of State to assess a civil penalty of twenty-five dollars per day when a candidate fails to file a campaign financial statement, or fails to amend an incomplete or inaccurate statement, within thirty days of receiving a certified notice that the statement is delinquent"; to the Committee on the Judiciary.
By Delegate Stalnaker (By Request):
H. B. 2959
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-23b, relating to the Teachers Retirement System generally; and providing certain annuity options"; to the Committee on Pensions and Retirement then Finance.
By Delegates Ennis, Argento, Swartzmiller, Varner, Stemple, Shaver and Williams:
H. B. 2960
- "A Bill to amend and reenact §20-2-42n and §20-2-42p of the Code of West Virginia, 1931, as amended, all relating to allowing unused Class RG and RRG deer stamps to be used to hunt and take antlerless deer during the appropriate season"; to the Committee on Agriculture and Natural Resources.
By Delegates Campbell, Canterbury and Crosier:
H. B. 2961
- "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to providing all public employees a six percent pay raise"; to the Committee on Finance.
By Delegates D. Poling, Longstreth, Hamilton, Klempa and Ellem:
H. B. 2962
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-412, relating to creating misdemeanor offenses for adulterating or defeating or attempting to adulterate or defeat bodily fluid test results and drug and alcohol tests; creating adulteration offenses; defining terms; and penalties for first, second and subsequent offenses"; to the Committee on the Judiciary.
By Delegates Craig, Morgan, Reynolds and Stephens:
H. B. 2963
- "A Bill to amend and reenact §7-8-14 of the Code of West Virginia, 1931, as amended, relating to requiring defendants who are sentenced to jail to pay the costs of incarceration; and requiring the sentencing court to conduct a hearing at or before sentencing to determine the individual's ability to pay the costs"; to the Committee on the Judiciary.
By Delegates Argento, Barker, Hrutkay, Fragale, Martin, Caputo, Eldridge, Yost and Stemple:

H. B. 2964
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-25-1, §47-25-2 and §47-25-3, all relating to requiring pawnbrokers to obtain a signed statement affirming ownership from each seller or pledgor on all sale or pawn transactions, except for refinance pawn transactions or merchandise bought from a manufacturer or wholesaler with an established place of business"; to the Committee on the Judiciary.
By Delegates Longstreth, Marshall, Tucker, Perry and Stephens:
H. B. 2965
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-8A-1, §18B-8A-2, §18B-8A-3, §18B-8A-4 and §18B-8A-5, all relating to establishing the 'Faculty Excellence Act'; setting legislative goals for full-time and part-time faculty at state colleges and universities with specific ratios to be met by two thousand thirteen; providing that each institution of higher education establish a 'Faculty Restoration and Equity Fund' for legislative appropriations aimed at providing the resources necessary to accomplish the goals of the act"; to the Committee on Education then Finance.
By Delegates Reynolds, Eldridge, Craig, Stephens and Sobonya:
H. B. 2966
- "A Bill to amend and reenact §61-8D-2 of the Code of West Virginia, 1931, as amended, relating to creating the crime of murder of a child by a parent who exposes his or her child to the manufacturing of a controlled substance"; to the Committee on the Judiciary.
By Delegates Armstead, DeLong, Border, C. Miller, Ireland, Swartzmiller, Azinger, Iaquinta, Romine, M. Poling and J. Miller:

H. B. 2967
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2A-8a, relating to public education; establishing the 'West Virginia Remembers Program'; and authorizing the State Board of Education to promulgate a rule providing for maintaining of lists by county boards of veteran volunteers to speak in the public schools"; to the Committee on Veterans Affairs and Homeland Security then Education.
By Delegate Hrutkay (By Request):
H. B. 2968
- "A Bill to amend and reenact §11-1C-8 of the Code of West Virginia, 1931, as amended, relating to the hiring of employees by the county Assessor; providing that county commissions shall be considered joint employers of the Assessor's valuation fund employees; and providing that property purchased with certain valuation fund funds are property of the county"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Craig:
H. B. 2969
- "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required courses of instruction in the public schools; and requiring the subject of physics as a required course for graduation"; to the Committee on Education.
By Delegate Paxton:
H. B. 2970
- "A Bill to amend and reenact §18-2-5b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-4 of said code, all relating to providing a salary supplement for providers of Medicaid eligible services in the public schools and the financing thereof"; to the Committee on Education then Finance.
By Delegate Paxton:
H. B. 2971
- "A Bill to amend and reenact §18A-4-7 of the Code of West Virginia, 1931, as amended, relating to substitute teacher pay generally and providing for the full day rate if the teacher had ten instruction days in the same school year"; to the Committee on Education then Finance.
By Delegates Palumbo, Amores, Wells, Walters, Moore, Spencer, Webster, Iaquinta and Pino:

H. B. 2972
- "A Bill to amend and reenact §3-4A-27 of the Code of West Virginia, 1931, as amended, relating to electronic voting systems; and requiring the ballot to be clearly marked or punched for a write-in position"; to the Committee on the Judiciary.
By Delegates Stalnaker, Tucker, Amores, Manchin, Evans and Anderson:
H. B. 2973
- "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state and directing the Auditor to issue warrants for the payment thereof"; to the Committee on Finance.
By Delegates Schadler and Long:
H. B. 2974
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to making the destruction of a landlord's property which has been rented for residential purposes a criminal offense; providing that damage greater than three hundred dollars but less than one thousand dollars constitutes a misdemeanor; providing that damage greater than one thousand dollars constitutes a felony; providing that tenants who leave trash when vacating a premises may be guilty of a misdemeanor if it costs more than one hundred dollars to remove it; providing that damage deposits be used to offset ascertainment of value of damage; providing for the determination of prima facie evidence under certain circumstances; providing that tenants or others in privity of contract with landlords or lessors have a duty to report damage not caused by themselves; and providing a criminal penalty for failure to report the damage under certain circumstances"; to the Committee on the Judiciary.
By Delegate Walters:
H. B. 2975
- "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the allowance of mortgage or deed of trust interest paid on a personal residence as a deduction for personal income tax purposes"; to the Committee on Finance.
By Delegates Marshall, Beach, M. Poling, Fleischauer, Shook and Manchin:
H. B. 2976
- "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to reinstating the sales tax exemption for comprehensive community mental health care centers and comprehensive mental retardation facilities"; to the Committee on Finance.
By Delegates Sumner, Duke, Lane and Sobonya:
H. B. 2977
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6L-101, §46A-6L-102, §46A-6L-103, §46A-6L-104 and §46A-6L-105, all relating to consumer protection generally; defining certain terms; providing a procedure for consumers to implement a security freeze to prohibit a consumer reporting agency from releasing all or any part of the consumer's credit report or any information derived from it to entities with whom the consumer has no existing relationship without the express authorization of the consumer in certain circumstances; providing for notice of consumer rights; providing civil penalties for violations; making a violation an unfair or deceptive act or practice; and providing for severability of the provisions of the article under certain circumstances"; to the Committee on the Judiciary.
By Delegates Hatfield, Fleischauer, Guthrie, Brown, Spencer, Perdue, Martin, Hrutkay and Eldridge:

H. B. 2978
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1, §16-43-2, §16-43-3, §16-43-4, §16-43-5, §16-43-6, §16- 43-7, §16-43-8, §16-43-9, §16-43-10 and §16-43-11, all relating to creating a genetic information privacy act; establishing legislative findings regarding genetic privacy; defining terms; providing for the confidentiality of genetic information; prohibiting the use of genetic test information for certain insurance purposes; authorizing the Insurance Commissioner to promulgate rules consistent with federal guidelines regarding disclosures of information; allowing the use of genetic test information in paternity proceedings; allowing use of genetic DNA typing information by law-enforcement officers in certain circumstances; establishing certain limitations on the use of genetic test information by employers; specifying procedures for disclosure of genetic test information; providing for an exception to this article for those participating in research settings governed by the federal policy for the protection of human research subjects; and providing for a right of action and damages for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Wysong, Kessler, Rodighiero, Mahan, Manchin, Argento, Marshall, Eldridge and Yost:

H. B. 2979
- "A Bill to amend and reenact §18A-4-1 and 18A-4-2 of the Code of West Virginia, 1931, as amended, all relating to providing a six percent increase for teachers; adding pay increment categories for teachers with certain qualifications; and increases beginning teachers to the third year level of pay as of the 2007-2008 school year"; to the Committee on Education then Finance.
By Delegate Walters:
H. B. 2980
- "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to allowing county boards of education with low density student populations to operate their schools on a four-day school week"; to the Committee on Education.
By Delegate Paxton:
H. B. 2981
- "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to increasing school service personnel employees by one pay grade after ten years of employment; and providing that employees in the top pay grade will receive an increase of thirty dollars per month after ten years of employment"; to the Committee on Education then Finance.
By Delegates Blair, Border, C. Miller, Ireland, Andes, Tansill, Sumner, Rowan, Schoen, Sobonya and Porter:

H. B. 2982
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-3c; to amend and reenact §17A-3-4 of said code all relating to taxation; the imposition of a five percent tax on the sale and use of motor vehicles; exemptions; and elimination of the five percent tax for privilege of certification of title"; to the Committee on Roads and Transportation then Finance.
By Delegate Hatfield:
H. B. 2983
- "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing for special registration plate for organ donors"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Marshall, Hatfield, Spencer and Manchin:
H. B. 2984
- "A Bill to amend and reenact §27-2A-1 of the Code of West Virginia, 1931, as amended, relating to authorizing a cost-of-living adjustment for comprehensive community mental health providers"; to the Committee on Finance.
By Delegates Amores, Ashley and Webster:
H. B. 2985
- "A Bill to amend an reenact §38-3-18 of the Code of West Virginia, 1931, as amended, relating to establishing that an income withholding tolls the running of the statute of limitations in child support matters; and providing that the statute of limitations on a child support debt begins to run when the last child that is the subject of the order emancipates"; to the Committee on the Judiciary.
By Delegates Amores, Palumbo, Webster and Andes:
H. B. 2986
- "A Bill to amend article 5B, chapter 16 of the code of West Virginia, 1931, as amended, by adding thereto a new section, designated section 14, relating to requiring certain hospitals, extended care facilities operated in connection with a hospital, ambulatory health care facilities, or ambulatory surgical facilities freestanding or operated in connection with a hospital, licensed in the State of West Virginia to provide notice to the public of such facility or hospital's intent to terminate operations at least three weeks prior to such termination of operations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Moore, Swartzmiller, Eldridge and Tabb:
H. B. 2987
- "A Bill to amend and reenact §22C-4-10 of the Code of West Virginia, 1931, as amended, relating to proof of lawful disposal of solid waste as a defense to a violation of disposal law; and establishing penalties for littering"; to the Committee on the Judiciary.
Special Calendar

Unfinished Business

H. C. R. 3, Zeb S. Pugh Memorial Bridge; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 2349, Continuing the Board of Registration for Sanitarian,
H. B. 2574, Continuing the Board of Social Work Examiners,
H. B. 2578, Continuing current mental health parity laws for group insurance plans,
H. B. 2586, Continuing the Board of Veterinary Medicine,
H. B. 2587, Continuing the Board of Optometry,
Com. Sub. for H. B. 2787, Creation of the Address Confidentiality Program,
H. B. 2789, Authorizing the Supreme Court of Appeals to create a panel of senior status magistrate assistants,
And,
Com. Sub. for H. B. 2791, Relating to penalties for violating peace bonds.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 205, Clarifying violations of protective orders,
H. B. 2781, Modifying the statutory limitation on the length of school buses,
And,
Com. Sub. for H. B. 2800, Relating to the practice of medical imaging and radiation therapy.
Miscellaneous Business

Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Perdue regarding health care issues and the remarks of Delegate Moore regarding Judiciary Chairwoman Webster be printed in the Appendix to the Journal.
Delegate Border asked and obtained unanimous consent that the remarks of Delegate Blair regarding H. B. 2982 be printed in the Appendix to the Journal.
At 11:50 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 12, 2007.