hdj2007-2-20-42

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Tuesday, February 20, 2007
FORTY-SECOND DAY
[Mr. Speaker, Mr. Thompson, in the Chair]

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 19, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
Committee Reports
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. 2616, Administration Department, purchasing,
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. 2616) was referred to the Committee on the Judiciary.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2836, Allowing a public school employee or retiree who missed work as a result of pregnancy to purchase up to one year of service credit in the teachers retirement system,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2836) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2558, Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes,
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.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 336, Relating to higher education generally,
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 (S. B. 336) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2187, Allowing HEAPS funds to be used for the costs of taking a GED exam,
H. B. 2826, Including school psychologists and school nurses with other professional school personnel for a salary supplement,
H. B. 2931, Providing for payment of tuition and fees for members of the West Virginia National Guard enrolled in graduate study,
And,
H. B. 3045, Creating a new pay grade classification of "bus operator II",
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2187, H. B. 2826, H. B. 2931 and H. B. 3045) were each referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2939, Relating to alternative education programs for certified teachers to obtain additional endorsement,
And reports back a committee substitute therefor, with a new title, as follows: Com. Sub. for H. B. 2939 - "A Bill to amend and reenact §18A-3-1 and §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to certification of professional educators; authorizing holders of K-8 certificates to teach departmentalized courses for which certified; authorizing alternative education programs for certified teachers to obtain additional endorsement; providing for state board rule; report on proposed rule to Legislative Oversight Commission on Education Accountability prior to implementation,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2939) to the Committee on the Judiciary was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2481, Allowing a registrant to transfer the registration of a Class C vehicle to another Class C type vehicle titled in the name of the registrant,
And,
H. B. 2703, Authorizing certain students receiving instruction in fly fishing to fly fish while under the supervision of an instructor without obtaining a license,
And reports the same back with the recommendation that they each do pass.
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. 2808, Increasing the fee for issuance of one-trip permits,
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. 2808) was referred to the Committee on Finance.
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. 2503, Authorizing the Division of Motor Vehicles to issue an identification card to West Virginia residents who already possess a valid driver's license,
And,
H. B. 3066, Relating to pedestrian's right-of-way in crosswalks,
And reports the same back with the recommendation that they each do pass.
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. 2348, Prohibiting the seizure of lawfully carried firearms during a proclaimed state of emergency,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2348 - "A Bill to amend and reenact §15-5-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-5-19a, all relating to the possession of firearms during a proclaimed state of emergency; and clarifying the powers and authorities granted by said article with respect thereto,"
With the recommendation that the committee substitute do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2189, Relating to substitute service personnel seniority,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2189 - "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8, §18A-4-8f, §18A-4-8g and §18A- 4-15 of said code, all relating to public schools and county boards of education; school service personnel; authority of county boards of education; expanding purposes for which schools may expend funds; establishing certain vehicle and driver safety requirements for transporting students to a school-sponsored activity; expanding the purposes for which county boards may lease school buses; establishing service personnel classification title for licensed practical nurse; prohibiting displacement of aides to create vacancy for licensed practical nurse; establishing parameters for the workday and beginning work station for certain service personnel; modifying process for determining certain service personnel hiring priority in cases of school merger or consolidation; and modifying employment benefits accrued by substitute service personnel,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2189) to the Committee on Finance was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2518, Providing per diem payment to members of the Board of Banking and Financial Institutions in an amount equal to the amount paid to members of the Legislature for interim duties,"
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 and that actual expenses will be paid as established by the Travel Management Office of the Department of Administration,"
H. B. 2583, Relating to the expansion of newborn testing,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2583 - "A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as amended, relating to the expansion of newborn testing to include sickle cell anemia, congenital adrenal hyperplasia, cystic fibrosis, biotinidase deficiency, isovaleric acidemia, glutaric acidemia type I, 3-Hydroxy-3-methylglutaric aciduria, multiple carboxylase deficiency, methylmalonic acidemia-mutase deficiencvy form, 3-methylcrotonyl-CoA carboxylase deficiency, methylmalonic acidemia, Cbl A and Cbl B forms, propionic acidemia, beta-ketothiolase deficiency, medium-chain acyl-CoA dehydrogenase deficiency, very long-chain acyl-CoA dehydrogenase deficiency, long-chain acyl-CoA dehydronenase deficiency, trifunctional protein deficiency, carnitine uptake defeat, maple syrup urine disease, homocystinuria, citrullinemia type I, argininosuccinate acidemia, tyrosinemia type I, hemoglobin S/Beta-thalassemia, sickle C disease and hearing deficiency,"
H. B. 2588, Reimbursing tuition and fees for courses for the renewal of teaching certificates,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2588 - "A Bill to amend and reenact §18A-3-3a of the Code of West Virginia, 1931, as amended, relating to the reimbursement of tuition, registration and other required fees for coursework completed by teachers for certification renewal and an additional endorsement in a shortage area; creating priority for reimbursement of courses for renewals and endorsement in shortage areas if insufficient funds appropriated; and limiting semester hours of courses reimbursed for any teacher,"
And,
H. B. 2763, Relating to persons performing financial examinations of insurers,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2763 - "A Bill to amend and reenact §33-33-2 and §33-33-6 of the Code of West Virginia, 1931, as amended, all relating to persons performing financial examinations of insurers; defining term; prohibiting use of indemnification agreements by accountants performing certain audits; and permitting mediation or arbitration agreements in certain circumstances,"
With the recommendation that the committee substitutes each do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2842, Relating to sale and serving of beverages in schools,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2842 - "A Bill to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as amended, relating to sale and serving of beverages in schools; limiting such sale and serving under certain circumstances; authorizing sale and serving of healthy beverages during meal service periods; modifying profit allocation provisions regarding certain sale of healthy beverages; and modifying certain provisions regarding beverages that qualify as healthy beverage," With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2842) to the Committee on the Judiciary was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. J. R. 14, "The Active Duty Armed Services Motor Vehicle Property Tax Amendment", And reports the same back with the recommendation that it 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. 2777, Relating to compensation of public school teachers and school personnel,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2777 - "A Bill to amend and reenact §18A-4-2, §18A-4-2a, §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to compensation of public school employees; increasing annual salaries of public school teachers; increasing the annual salary bonus for classroom teachers with national board certification; creating new service personnel class title; providing and changing certain pay grades; and increasing annual salaries of service personnel,"
With the recommendation that the committee substitute do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
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.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 181 - "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"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 182 - "A Bill to amend and reenact §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"; which was referred to the Committee on Banking and Insurance then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 274 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Transportation; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Division of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways; authorizing the Division of Highways to promulgate a legislative rule relating to waste tire remediation and environmental cleanup; and authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to disclosure of information from the files of the Division of Motor Vehicles"; which was referred to the Committee on Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 314 - "A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Education and the Arts and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive and administrative agencies of the Department of Education and the Arts; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-making Review Committee; authorizing the Library Commission to promulgate a legislative rule relating to the Library Commission administrative rule; authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to case services; and authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to resources manual"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 334 - "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-4-7c, all relating to certificates and permits to coach in public schools; removing certain limitation on such service under certain conditions; creating hiring preference for currently employed professional educators for summer employment with county boards of education; making technical corrections; and deleting obsolete language"; which was referred to the Committee on Education then 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. 387 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24F-1-1a, relating to guaranteeing that honorably discharged veterans are afforded the opportunity to have bronze military grave markers placed on their graves"; which was referred to the Committee on Veterans Affairs and Homeland Security then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 411 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §25-1B-1, §25-1B-2, §25-1B-3, §25-1B-4, §25-1B-5, §25-1B-6 and §25-1B-7, all relating to creation of the West Virginia Correctional Center Nursery Act; defining terms; establishing eligibility requirements and terms of participation; providing for termination from the program; authorizing collection of child support; requiring assignment of child support to the Division of Corrections; requiring a portion of child support and other moneys collected on behalf of a mother or child to be saved and given to the mother upon her release; creating the Correctional Center Nursery Fund; authorizing the Division of Corrections to accept grants, gifts and other moneys; authorizing expenditures from the fund; and allowing voluntary regulation of the program"; 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
Com. Sub. for S. B. 497 - "A Bill to amend and reenact §17-4-47, §17-4-48 and §17-4-49 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6 and §17-27-7, all relating to the creation of the West Virginia Community Empowerment Transportation Act; authorizing the Commissioner of Highways to establish procedures relating to the authority and review of transportation projects; making legislative findings; stating legislative purpose; defining certain terms and phrases; requiring certain entities seeking state funds for transportation projects to submit a transportation project plan; setting forth transportation project plan requirements; setting forth conditions for approval by the Commissioner of Highways; authorizing county commissions to impose user fees for the construction and maintenance of roads and transportation projects; providing credit for municipally imposed fees; authorizing counties to issue revenue and general obligation bonds for transportation projects after election; providing notice and election requirements; coordinating development of transportation projects with other infrastructure projects; authorizing information sharing; authorizing agreements among municipal utilities and public service districts to participate in transportation projects; authorizing setting of rates to include costs borne by municipal utilities and public service districts in coordination with transportation projects; providing exemption from Public Service Commission approval; requiring a bond necessary to compensate the division for improvements to highway facilities required as a result of development; regulating access from properties to and from state roads; and providing recovery of cost of highway improvements from commercial and residential developments"; which was referred to the Committee on Roads and Transportation then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 511 - "A Bill to repeal §20-14-10 of the Code of West Virginia, 1931, as amended, relating to insurance policies"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 591 - "A Bill supplementing, amending, reducing and increasing items of the existing appropriation from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2007, organization 0803, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 592 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to a new item of appropriation designated to the Department of Military Affairs and Public Safety - Division of Homeland Security and Emergency Management - West Virginia Interoperable Radio Project, fund 6295, fiscal year 2007, organization 0606, supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the Budget Bill"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 593 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to a new item of appropriation designated to Miscellaneous Boards and Commissions - Board of Pharmacy, fund 8857, fiscal year 2007, organization 0913, supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the Budget Bill"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 594 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to the Auditor's Office - Purchasing Card Administration Fund, fund 1234, fiscal year 2007, organization 1200, to the Department of Commerce - Division of Labor - Contractor Licensing Board Fund, fund 3187, fiscal year 2007, organization 0308, and to the Miscellaneous Boards and Commissions - Public Service Commission, fund 8623, fiscal year 2007, organization 0926, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven"; which was referred to the Committee on Finance.
Resolutions Introduced
Delegates Perry, Amores, Argento, Anderson, Barker, Beach, Boggs, Border, Brown, Burdiss, Cann, Canterbury, Caputo, Craig, Crosier, DeLong, Duke, Eldridge, Ellem, Ellis, Ennis, Fleischauer, Fragale, Guthrie, Hamilton, Hartman, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa, Kominar, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Moye, Paxton, Perdue, Pethtel, Pino, Poling, Daniel, 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. 39 - "Expressing the concern of the Legislature that the purchase of West Virginia Alloys (A subsidiary of Globe Metallurgical) Hawks Nest Hydro-Electric facility by Brookfield Power may adversely affect the economy of the state and cause employees of West Virginia Alloys 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 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 the purchase of the West Virginia Alloys Hawks Nest Hydro-Electric facility by Brookfield Power has occurred and that many persons, including civic leaders, legislators and employees of West Virginia Alloys are experiencing reasonable and justifiable concerns that the takeover may adversely affect the state's economy and displace significant numbers of West Virginia Alloys 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 purchase; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby expresses its concern that the purchase of West Virginia Alloys Hawks Nest Hydro-Electric facility by Brookfield Power may adversely affect the state's economy and cause employees of West Virginia Alloys 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 the 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 West Virginia Alloys (a Subsidiary of Glove Metallurgical) and Brookfield Power, and to the State's Congressional Delegation and Governor.
Delegates DeLong and Caputo offered the following resolution, which was read by the Clerk:
H. R. 25 - "Designating February 20, 2007, as 'Crime Victims Day at the Legislature'."
Whereas, The West Virginia Crime Victims Compensation Fund is celebrating "Crime Victims Day at the Legislature" by providing all of the crime victim agencies and individuals who serve victims of crime an opportunity to educate the members of the Legislature and the public about the many services available to assist victims of crime and their families throughout our State; and
Whereas, The many agencies and individuals serving victims of crime and their families in West Virginia strive to foster the healing of victims and their families through treatment for their many needs including, but not limited to, advocacy for and on behalf of victims and their families, medical treatment and mental health counseling, compensation, and restitution; and
Whereas, The many organizations and individuals who provide assistance to victims of crime and their families make enormous contributions to those who have been affected by crime in our State; and
Whereas, West Virginia is proud of the accomplishments and achievements of the many organizations and individuals who serve the needs of victims of crime and appreciate their many contributions to our communities; and
Whereas, There are also many victims or family members present on this special day to foster understanding by the public of the effects of victimization; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 20, 2007, as "Crime Victims Day at the Legislature"; and, be it
Further Resolved, That the House of Delegates expresses its appreciation to the many organizations which serve victims of crime and their families throughout our State and for the dedication of those individuals who serve these organizations; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a copy of this resolution to the appropriate officials with the West Virginia Crime Victims Compensation Fund.
At the request of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 25) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Petitions
Delegate Frederick presented a petition on behalf of his constituents, in support of a six percent salary increase for the West Virginia Department of Highway employees; which was referred to the Committee on Finance.
Delegates Shaver and Williams presented a petition on behalf of Hopemont State Employees, seeking a pay increase higher than the 2.5% proposed increase; which was referred to the Committee on Finance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 3135 - "A Bill to amend and reenact §11-19-2, §11-19-4 and §11-19-5 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section designated §11-19-13, all relating to the soft drinks tax; annually reducing said tax by approximately one-fourteenth each year for fourteen years; eliminating the requirement to use stamps, crowns and other indicia of taxation; authorizing the tax commissioner to prescribe the use of an invoice method to account for the tax liability by retail dealers, wholesale dealers and distributors; and authorizing the amount of discount to be available if the tax commissioner requires the use of the invoice method for collecting the amount of tax due"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 3136 - "A Bill to amend and reenact §11-13A-3d of the code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section designated §11-13V-4a, all relating to the Severance and Business Privilege Tax Act and the Workers' Compensation Debt Reduction Act; specifying termination of the severance tax exemption for production of coalbed methane and specifying that coalbed methane is taxed as natural gas for purposes of the Severance and Business Privilege Tax Act and for purposes of the taxes imposed by the Workers' Compensation Debt Reduction Act"; to the Committee on Finance.
By Delegates Moye, Kessler, Stephens, Rodighiero, Eldridge, Ellis, Pino, Sobonya and Sumner:

H. B. 3137 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-14, relating to prohibiting school employees from transporting any student to obtain an abortion without parental consent; providing a violation of the section is a misdemeanor; and providing that nothing in the section may be construed as approving of abortion"; to the Committee on Education then the Judiciary.
By Delegates Webster, Moore, Proudfoot, Pino, Shook, Fleischauer, Stemple, Mahan, Brown, Tabb and Guthrie:

H. B. 3138 - "A Bill to amend and reenact §11-16-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-7-4 of said code, all relating to increasing the safety of patrons in private clubs and taverns by requiring such licensees to maintain a minimum amount of general liability and liquor liability insurance coverage to cover liabilities related to running a business and liabilities related to running a business that serves alcoholic liquors or nonintoxicating beer, or that serves both"; to the Committee on the Judiciary.
By Delegate Ellem:
H. B. 3139 - "A Bill to amend and reenact §15-2B-6 of the Code of West Virginia, 1931, as amended, relating to providing all persons convicted of a felony are subject to DNA testing"; to the Committee on the Judiciary.
By Delegates Canterbury, Evans, Anderson and Lane:
H. B. 3140 - "A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to wildlife resources generally; procedures applicable to property destruction by bear; allowing property owners and lessees to kill a bear discovered damaging real and personal property including bees and bee hives; and providing for reimbursement for damage"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Amores, Varner and Stemple:
H. B. 3141 - "A Bill to amend and reenact §11-3-5 of the Code of West Virginia, 1931, as amended, relating to whom assessors may issue proof of payment of personal property taxes"; to the Committee on Finance.
By Delegates Iaquinta, Hartman, Williams, Martin Miley, Talbott, Barker and Wells:
H. B. 3142 - "A Bill to amend and reenact §46A-6-102 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-10-6a of said code, all relating to prohibiting fractional pricing in the retail sale of gasoline and defining such pricing as an unfair or deceptive practice"; to the Committee on the Judiciary.
By Delegates Fleischauer, Brown, Lane, Hrutkay, Schadler, Pino, Guthrie, Webster, Burdiss, Longstreth and Moore:

H. B. 3143 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §25-1B-1, §25-1B-2, §25-1B-3, §25-1B-4, §25-1B-5, §25-1B-6 and §25-1B-7, all relating to creating the West Virginia Correctional Center Nursery Act; defining terms; establishing eligibility requirements and terms of participation; providing for termination from the program; authorizing rules; authorizing collection of child support; requiring assignment of child support to the Division of Corrections; requiring a portion of child support and other moneys collected on behalf of a mother or child to be saved and given to the mother upon her release; creating the Correctional Center Nursery Fund; authorizing the Division of Corrections to accept grants, gifts and other moneys; authorizing expenditures from the fund; and allowing voluntary regulation of the program"; to the Committee on the Judiciary.
By Delegates Fleischauer, Shook, Longstreth, Brown, Wells, Hatfield, Hamilton and Doyle:

H. B. 3144 - "A Bill to amend and reenact §3-5-7, §3-5-23 and §3-5-24 of the Code of West Virginia, 1931, as amended, all relating to primary elections and nominating procedures of third- party candidates; removing reference to general election in provision governing declaration of candidacy for primary election; eliminating the reference to the filing of a declaration of candidacy in provision establishing certificate nomination procedures; extending the filing deadline for the nomination of certain candidates; eliminating residency requirement of persons soliciting petition signatures; eliminating requirement that persons signing nomination certificate state a desire to vote for nominated candidate; permitting duly registered voters who sign nomination certificates to vote in the corresponding primary election; requiring persons soliciting signatures to provide circulation dates and a signature as to each certificate page; extending the deadline for the filing of nomination certificates for candidates; and establishing the date by which the filing fee must be paid"; to the Committee on the Judiciary.
Special Calendar
Unfinished Business
Com. Sub. for S. C. R. 10, Requesting state and federal government recognize Berkeley and Jefferson counties as part of historic Shenandoah Valley; coming up in regular order, as unfinished business, was reported by the Clerk.
On motion of Delegates Blair, Cowles, Duke, J. Miller, Overington and Rowan the resolution was amended on page three, line seventeen, following the word "historic" by striking out the word "farm" and inserting in lieu thereof the word "property".
Delegates Doyle, Tabb and Wysong requested that the Journal record them as voting "Nay" on the adoption of the foregoing amendment.
There being no further amendments, the resolution was then adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
H. B. 2772, Ensuring the Public Employees Insurance Agency will continue and maintain medical and prescription drug coverage for medicare eligible retired employees; 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. 90), and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2772) passed.
An amendment to the title of the bill, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2772 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended, relating to ensuring the Public Employees Insurance Agency will continue and maintain medical and prescription drug coverage for Medicare eligible retired employees; and, providing that Medicare eligible retired employees will remain eligible for coverage through the agency if a Medicare specific plan should no longer be available or advantageous."
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. 2875, Providing a procedure in which to fill a vacancy on a county commission in the event the remaining commissioners cannot agree; 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. 91), and there were--yeas 94, nays 5, absent and not voting none, with the nays being as follows:
Nays: Andes, Craig, Michael, Sobonya and Stalnaker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2875) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2955, Continuing a flat-rate excise tax on motor fuel at $.205; on third reading, coming up in regular order, was read a third time.
Delegate Browning requested to be excused from voting on the passage of Com. Sub. for H. B. 2955 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 92), and there were--yeas 82, nays 17, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Blair, Border, Carmichael, Duke, Ellem, Lane, C. Miller, J. Miller, Overington, Porter, Schoen, Sobonya, Sumner, Tansill and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2955) passed.
On motion of Delegate White, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2955 -- "A Bill to amend and reenact §11-14C-5 and §11-14C-47 of the Code of West Virginia, 1931, as amended, all relating to the motor fuel excise tax generally; 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; and dedicating a portion of the tax to the funding of construction, maintenance and repair of roads throughout the various counties of the state for which federal moneys are not available."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
Com. Sub. for H. B. 2048, Clarifying public library board service areas as determined by the Library Commission; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2544, Increasing the penalty for driving under the influence causing death; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2804, Eliminating time schedules for utility relocation on highway projects; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2866, Requiring public notice of state plan amendments prior to submission and increasing the membership of the Medicaid Advisory Board; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page six, section nine, line eighty-four, following the word "Medicaid" by striking out the word "or" and inserting in lieu thereof a comma.
On page six, section nine, line eighty-six, following the word "Medicaid ", by inserting the words "or any demonstration projects permitted by federal law".
On page six, section nine, line eighty-eight, following the word "amendment", by inserting the words "or proposed demonstration project".
On page six, section nine, line ninety-one, following the word "amendment" by inserting a comma and the words "proposed demonstration project or reimbursement schedule change".
And,
On page six, section nine, line ninety-three, following the period after the word "period" by inserting the following: "The secretary or his or her designee shall conduct one or more public hearings in each congressional district to receive public comment on any proposed amendment to the state plan or proposed demonstration project for Medicaid. The secretary shall review the comments from the public hearings prior to filing the proposed amendment for federal approval." The bill was then ordered to engrossment and third reading.
H. B. 2933, Exempting for nursing licensing provisions the care of the sick when done in connection with the practice of religious tenets; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill as follows:
On page two, section twelve, line thirteen, following the word "members", by changing the period to a colon and adding the following:
"Provided, That such care is delivered at the request of the recipient and is delivered in the requestor's home or in a religious nonmedical health care institution as defined in 42 U.S.C. §1395x(ss)(1)."
And,
On page four, section nine, line thirty, following the word "members", by changing the period to a colon and adding the following:
"Provided, That such care is delivered at the request of the recipient and is delivered in the requestor's home or in a religious nonmedical health care institution as defined in 42 U.S.C. §1395x(ss)(1)."
The bill was then ordered to engrossment and third reading.
H. B. 3057, Relating to programs for all-inclusive care of the elderly, known as "PACE"; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page four, section two, following line nineteen, by striking out the remainder of the bill.
The bill was then ordered to engrossment and third reading.
H. B. 3117, Clarifying that contractors must have a state contractors license in order to submit a bid with the State of West Virginia; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for S. B. 148, Providing breast feeding not considered public indecency,
H. B. 2568, Extending the sunset provision regarding racial profiling analysis,
Com. Sub. for H. B. 2748, Relating to the receipt and transfer of scrap metal,
Com. Sub. for H. B. 2764, Establishing criminal history checks for applicants for insurance producer licenses,
Com. Sub. for H. B. 2776, Relating to the West Virginia Residential Mortgage Lender, Broker and Servicer Act,
Com. Sub. for H. B. 2932, Protecting incapacitated persons and the elderly,
And,
H. B. 3018, Limiting the duplication of publication costs in the administration of certain estates.
At 12:15 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * * * * * * *
Evening Session
* * * * * * * * * * * *
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
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. 3106, Increasing the number of family court judges and realigning certain districts to address excessive workloads,
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. 3106) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2070, Clarifying that county board of education employees who work full time for more than thirty consecutive days qualify for PEIA coverage,
And,
H. B. 2796, Reducing federal adjusted gross income for contributions to public institutions of higher education,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2070 and H. B. 2796) were each referred to the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2059, Providing salary increase for conservation officers,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2059 - "A Bill to amend and reenact º20-7-1a and º20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing a increases in compensation for conservation officers,"
And,
H. B. 3097, Relating to government employees deferred compensation plans,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3097 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5-10B-3a and §5-10B-10a; and to amend and reenact §36-8-13 of said code, all relating to government employees deferred compensation plans; authorizing automatic enrollment in a plan; authorizing a matching contribution program; establishing matching program term; establishing qualifications for participation; limiting the match to twenty-five percent of employee contributions at a maximum of one hundred dollars per year, not to exceed four hundred dollars over the life of the matching program; establishing the Deferred Compensation Matching Fund; specifying that operation of a matching program is contingent upon funding by the Legislature and may be changed or discontinued at any time for a time certain or indefinitely; specifying that disbursements from the matching fund may not exceed one million dollars in any one fiscal year; allowing earnings to accrue to the matching fund; requiring the unclaimed property administrator to transfer two million dollars from the unclaimed property trust fund to the matching fund on or before the first day of June, two thousand seven, and one million dollars on or before the first day of June, two thousand eight,"
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:
S. B. 591, Supplementing, amending, reducing and increasing appropriation to Division of Highways,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
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. 3012, Relating to the Greyhound Breeding Development Fund,
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. 3012) was 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. 2525, Extending the termination of the West Virginia statewide addressing and mapping board,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2525 - "A Bill to amend and reenact º24E-1-3 and º24E-1-11 of the Code of West Virginia, 1931, as amended, all relating to the statewide addressing and mapping board; clarifying board composition; extending board members' terms; establishing powers and duties; providing for legal counsel; providing the division with rule-making and emergency rule- making authority; requiring the board to share information; extending the termination of the board; providing for the transfer of the powers and duties of the board to the division of homeland security and emergency management."
With the recommendation that the committee substitute do pass.
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. 2181, Requiring that annual reports be recorded on CD-Rom for distribution,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2181 - "A Bill to amend and reenact §4-1-23 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-1-20 of said code; and to amend said code by adding thereto a new section, designated §30-1-17, all relating to authorizing state offices, agencies, boards and commissions to submit annual reports electronically; and requiring electronic copies to be submitted to the Legislative Manager in certain circumstances."
With the recommendation that the committee substitute do pass.
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.'s 2597, 2598, 2599, 2600, 2601, 2602, 2630, 2631, 2632, 2633, 2634, 2635, 2636, 2637, 2638, 2639, 2640, 2641, 2642, 2694, 2697, Authorizing the Department of Environmental Protection to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2601 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the legislature; repealing certain legislative rules; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of refuse; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the individual state certification of activities requiring a federal permit; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of annual nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of ozone season nitrogen oxides emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of annual sulfur dioxide emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the West Virginia explosives and blasting rule; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation; relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the coalbed methane wells; relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to antidegradation implementation procedures; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the recycling assistance grant program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards for beneficial use of filtrate from water treatment plants; repealing a legislative rule relating to the Ambient Air Quality Standards for Carbon Monoxide and Ozone; repealing a legislative rule relating Ambient Air Quality Standards for Nitrogen Dioxide; repealing a legislative rule relating Emission Standards for Hazardous Air Pollutants Pursuant to 40 CSR Part 61; and repealing a legislative rule relating To Prevent and Control Emissions from Hospital/Medical Infectious Waste Incinerators,"
With the recommendation that the committee substitute do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 68 - "A Bill to amend and reenact §22A-1-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §22A-2- 4a; to amend and reenact §22A-2-5 of said code; to amend and reenact §22A-7-5 of said code; to amend said code by adding thereto a new section, designated §22A-7-7; and to amend said code by adding thereto a new article, designated §22A-11-1, §22A-11-2, §22A-11-3 and §22A-11-4, all relating generally to coal mine health and safety; authorizing Director of the Office of Miners' Health, Safety and Training, upon a finding of imminent danger, to issue closure orders for mines under certain circumstances; prohibiting the use of a belt conveyor entry as an intake air course and providing exceptions thereto; providing requirements for the design, construction and inspection of seals and the atmospheric monitoring of sealed areas; prohibiting use of certain seals and providing for requirements for remediation of existing seals under certain circumstances; prohibiting the use of bottom mining and providing exceptions thereto; requiring continuing education for underground mine foremen-fire bosses and setting course requirements; continuing the Mine Safety Technology Task Force; legislative findings; establishing powers and duties of task force; reimbursement; and task force consultation in approval of safety devices"; which was referred to the Committee on Industry and Labor, Economic Development and Small Business and then 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
Com. Sub. for S. B. 116 - "A Bill to amend and reenact §61-8-28 of the Code of West Virginia, 1931, as amended, relating to criminal invasion of privacy generally; adding criminal offense of voyeurism or unlawful viewing where an individual has an expectation of privacy; providing misdemeanor penalties; providing exception for law-enforcement and security surveillance and other lawful visual portrayals and viewing; and extending criminal prosecution for a misdemeanor violation of this section to three years after the date of the offense"; 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
Com. Sub. for S. B. 177 - "A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2A-1, §5B-2A-3, §5B-2A-4 §5B-2A-5 and §5B-2A-12 of said code; to amend and reenact §5D-1-4 of said code; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new chapter, designated §5H-1-1 and §5H-1-2; and to amend and reenact §22-3A-7 of said code, all relating to the creation of the Division of Energy within the Department of Commerce; charging the Division of Energy to develop energy policies; placing the Office of Coalfield Community Development within the Division of Energy; creating the position of Executive Director of the Division of Energy; charging Executive Director of the Division of Energy to administer functions of the West Virginia Public Energy Authority; providing executive director acts under the authority of the Secretary of Commerce; providing the executive director has authority over the Office of Coalfield Community Development and the Energy Efficiency Program of the West Virginia Development Office; providing the Public Energy Authority, the Office of Coalfield Community Development, executive director and other public agencies develop an energy policy and development plan and seek public input thereof; providing executive director is a nonvoting member of the Public Energy Authority; requiring submission of an energy policy and development plan to the Governor and Joint Committee on Government and Finance; setting forth matters to be addressed in the energy policy and development plan; providing that the executive director shall prepare an energy use database; providing that the executive director shall promote initiatives to enhance the nation's energy security; providing that the executive director shall encourage the development of energy infrastructure and strategic resources that will ensure the continuity of governmental operations in situations of emergency, inoperativeness or disaster; and providing funding for the Division of Energy"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 183 - "A Bill to amend and reenact §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 has the authority to approve acquisitions of out-of-state banks and bank holding companies by West Virginia state banks or bank holding companies"; which was referred to the Committee on Banking and Insurance then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 187 - "A Bill to repeal §4-10-4a, §4-10-5a, §4-10-5b, §4-10-6a, §4-10- 10a, §4-10-11a and §4-10-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §4-10-1, §4-10-2, §4-10-3, §4-10-4, §4-10-5, §4-10-6, §4-10-7, §4-10-8, §4-10-9, §4-10-10, §4-10-11, §4-10-12 and §4-10-13 of said code, all relating to the West Virginia Performance Review Act, formerly the West Virginia Sunset Act; clarifying legislative findings and definitions; updating powers and duties of the Joint Committee on Government Organization; requiring department presentations; setting department presentation schedule; establishing a new agency review procedure and schedule; establishing a new regulatory board review procedure and schedule; authorizing compliance reviews; clarifying termination procedures; and providing that agencies do not terminate pursuant to prior enactments"; which was referred to the Committee on Government Organization.
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. 335 - "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 and service tax on the sale of factory-built homes by licensed dealers; dedicating the revenue from the additional fees to the West Virginia Affordable Housing Trust Fund; and authorizing expenditures for administrative and operating expenses"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 384 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14 and §19-9B-15, all relating to regulating the sale, possession and breeding of nonnative animals; defining certain terms; creating the Nonnative Animals Regulation Board; establishing powers and duties; establishing a special revenue account and authorizing expenditures; providing rule-making authority; delineating the jurisdiction of member agencies; providing owner liable for the cost of care of seized nonnative animals; requiring pet shop registration, renewal and fee; requiring pet shop to keep records and provide certain notification; requiring identification number on dangerous animals; establishing caging requirements; requiring liability insurance, posting of signs and notification of escapes and releases; limiting public contact; authorizing certain inspections; specifying conditions under which nonnative animals may be seized; setting forth exemptions; and establishing civil and criminal penalties"; which was referred to the Committee on Agriculture and Natural Resources then 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
Com. Sub. for S. B. 414 - "A Bill to amend and reenact §38-5B-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-11 of said code, all relating to establishing a flat fee for certain services rendered by circuit clerks; eliminating other miscellaneous fees charged by circuit clerks; and authorizing the circuit clerk to assess a fee for creating and administering certain special funds"; 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. 438 - "A Bill to amend and reenact §12-6-2, §12-6-4, §12-6-5, §12-6-9c and §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-6-18, all relating to investment of moneys by the West Virginia Investment Management Board; modifying the definition of the term 'securities' so that the prudent investor standard set forth in the West Virginia Uniform Prudent Investor Act is made the exclusive standard and source of restriction and limitation on investments managed by the West Virginia Investment Management Board; modifying the type and amount of bonds or insurance coverage required to be obtained and maintained by the Investment Management Board; authorizing the establishment and maintenance of a self-insurance account in connection with the procurement and maintenance of insurance coverage by the Investment Management Board; clarifying that the statutorily enumerated investment powers of the board are illustrative rather than restrictive; modifying provisions relating to authority of the board to make certain investments in investment companies or investment trusts registered under the Investment Company Act of 1940; eliminating restrictions and limitations on permissible investments by the West Virginia Investment Management Board in favor of the requirements, restrictions and limitations imposed under the Uniform Prudent Investor Act; providing an exemption from disclosure under the Freedom of Information Act in respect to information concerning which disclosure is prohibited, restricted or limited by standard confidentiality agreements, policies or procedures of firms, companies or organizations through which the West Virginia Investment Management Board invests, to the extent of the prohibitions, restrictions or limitations; and specifying that the provisions of the article are to be liberally construed to effect the public purposes of the article"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 460 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-22, relating to providing notice to the Director of the Division of Natural Resources, the Director of the Division of Forestry and the state forest superintendent of road access for permits and access road maintenance on state forests; requiring a public comment period; and requiring the director to promulgate applicable rules as permitted by law"; 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. 557 - "A Bill to amend and reenact §49-5-21 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-5a and §49-6-8 of said code, all relating to judicial review of juvenile proceedings; requiring court to make finding whether department made reasonable efforts to finalize a permanency plan; requiring judicial review at least quarterly; permanency hearings when a court determines reasonable efforts to preserve families are not required; foster care review; and annual reports to the court"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 42 - "Requesting the West Virginia Legislature increase the annual budget for vans for veterans' transportation from $150,000 to $200,000."
Whereas, The West Virginia Veterans Coalition was organized in 1996 to represent the over 200,000 veterans of our state; and
Whereas, A great number of veterans are no longer able to transport themselves due to the increasing cost of vehicles and gas to the four Veterans' Administration Medical centers (VAMCs) in the state for the purpose of obtaining much-needed medical treatment; and
Whereas, The number of veterans seeking health care at our VAMCs continues to grow each year and will continue to grow because of the large number of West Virginians continuing to volunteer to serve our nation in uniform; and
Whereas, The cost of vans used by our veteran volunteer drivers continues to increase each year, and the current fleet consists of numerous vans with an excess of 100,000 miles or more on the speedometer; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature is hereby requested to increase the annual budget for vans for veterans' transportation from $150,000 to $200,000; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's Veterans' Coalition, the Department of Veterans' Affairs and to the Joint Committee on Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 43 - "Requesting Congress erect a national monument to motherhood to be located in West Virginia, with special emphasis placed on mothers whose children have served in the armed forces of the United States and especially those mothers whose children have given their lives in service to their country."
Whereas, West Virginia is the birthplace of Mother's Day, which was founded by Anna Jarvis of Grafton, Taylor County; and
Whereas, Though some 42 million men and women have served in our armed forces, West Virginia has had more sons and daughters die for our freedom per capita than any other state; and
Whereas, West Virginia, more than most states, had sons fighting for both the North and South during the Civil War, tearing families apart and causing mothers great pain; and
Whereas, West Virginia has led the way with women in uniform; and
Whereas, West Virginia, with its natural beauty and long history of service by its people, would be an appropriate site for a national monument to honor motherhood, especially the mothers of servicemen and women; therefore, be it
Resolved by the Legislature of West Virginia:
That Congress is hereby request to erect a national monument to motherhood to be located in West Virginia, with special emphasis placed on mothers whose children have served in the armed forces of the United States and especially those mothers whose children have given their lives in service to their country; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the West Virginia Veterans' Coalition, West Virginia's congressional delegation, each remaining member of the United States Congress and the President of the United States.
At 5:17 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 21, 2007.