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Thursday, January 11, 2007



The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, January 10, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Resolutions Introduced

On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegate Carmichael:
H. J. R. 1 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof by adding thereto a new section, designated section three-a, relating to term limitations for legislators; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Cann:
H. B. 2001 - "A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to providing additional state minimum salary for certain teachers"; to the Committee on Education then Finance.
By Delegate Frederick:
H. B. 2002 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8D-3b, relating to crimes and their punishment; creating the criminal offense of failing to supervise a child; and providing criminal penalty and defenses to the offense"; to the Committee on the Judiciary.
By Delegates Browning and Perry:
H. B. 2003 - "A Bill to amend and reenact §5-10-22 of the Code of West Virginia, 1931, as amended, relating to retirement annuity of public employees and retirants; and increasing the multiplier"; to the Committee on Pensions and Retirement then Finance.
By Delegate Azinger (By Request):
H. B. 2004 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to regulating telemarketing for quasi-state agencies"; to the Committee on the Judiciary.
By Delegate Azinger (By Request):
H. B. 2005 - "A Bill to amend and reenact §16-13A-3a of the Code of West Virginia, 1931, as amended, relating to providing that a Public Service District Commissioner may be removed forthwith and without cause upon the filing with the county commission, a petition containing the signatures of a simple majority of a public service district's customer accounts requesting the removal of such Public Service District Commissioner"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 2006 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to allowing income deduction for tax purposes for gifts to West Virginia charities"; to the Committee on Finance.
By Delegate Azinger:
H. B. 2008 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-16, relating to requiring abortion facilities to have certain written policies and procedures"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Azinger:
H. B. 2009 - "A Bill to amend and reenact §11-21-3 of the Code of West Virginia, 1931, as amended, relating to personal income tax; providing tax exemption to veterans and their spouses locating in West Virginia following the veterans' separation from service"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegate Azinger:
H. B. 2010 - "A Bill to amend and reenact §33-13A-2 of the Code of West Virginia, 1931, as amended, relating to variable premium adjustable life insurance policies with either fixed accounts or variable accounts; requiring issuance of annual statements including information related to the length of time a policy will remain in force, with or without the payment of premiums, under specific circumstances related to certain rates of return from any existing principal amount accumulated for investment purposes under the policy"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Morgan:
 H. B. 2011 - "A Bill to amend and reenact §55-7-15 of the Code of West Virginia, 1931, as amended, relating to liability of persons voluntarily rendering aid to another in peril; and narrowing the exemption from liability for persons who voluntarily render aid to another person who is injured in an accident or a crime when the person takes reasonable actions to aid a person by providing that the injuries must be life threatening"; to the Committee on the Judiciary.
By Delegate Cann:
 H. B. 2012 - "A Bill to amend and reenact §11-16-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated as §11-16-5a, §11-16-5b and §11-16-5c, all relating to the manufacture, sale, possession, distribution, furnishing or giving away of nonintoxicating beer contrary to law in unlicensed establishments; and providing criminal and civil penalties"; to the Committee on the Judiciary.
By Delegate Browning:
H. B. 2013 - "A Bill to amend and reenact §5-10-25 of the Code of West Virginia, 1931, as amended, relating to Public Employees Retirement System; and preventing reduction of disability pensions at age sixty-five"; to the Committee on Pensions and Retirement then Finance.
By Delegates Marshall and Beach:
 H. B. 2014 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-6a, relating to establishing the offense of setting fires in a public right-of-way or road; providing a criminal penalty for violations; and providing for enhanced penalties for subsequent violations"; to the Committee on the Judiciary.
By Delegate Browning:
H. B. 2015 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22j, relating to providing a one-time supplement to certain Public Employee Retirement System annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegate Fragale:
H. B. 2016 - "A Bill to amend and reenact §8-5-7 of the Code of West Virginia, 1931, as amended, relating to providing that at the filing deadline for candidacy for mayor, recorder or city council, a candidate is unopposed, the municipality will allow an extended period beyond the filing deadline for write-in candidates to be submitted and, that in the event, five days prior to the election, no write-in candidates names are submitted for consideration, the election shall be canceled and the unopposed candidate shall be declared the winner"; to the Committee on the Judiciary.
By Delegate Caputo:
H. B. 2017 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22j; and to amend said code by adding thereto a new section, designated §18-7A-26u, all relating to increasing benefits of retired state personnel and retired teachers by five percent a year for the next three consecutive years"; to the Committee on Pensions and Retirement then Finance.
By Delegate Caputo:

H. B. 2018 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the West Virginia secondary school activities commission; and requiring rules to provide for use of neck braces by football players"; to the Committee on Education then Finance.
By Delegate Caputo:
H. B. 2019 - "A Bill to amend and reenact §21-1A-4 of the Code of West Virginia, 1931, as amended, relating to making the use of permanent replacements for striking workers an unfair labor practice by employers who have employee stock ownership plans"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Caputo and Mahan:
H. B. 2020 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22A-1-40, relating to notice of hazardous chemical substances and lead exposure to employees of mine operators; requiring Director of Miners' Health, Safety and Training to adopt a list of hazardous substances by rule and to compile safety information regarding hazardous substances; and providing a criminal penalty for violation"; to the Committee on the Judiciary.
By Delegate Caputo:
H. B. 2021 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-38, relating to requiring insurance companies that provide automobile insurance to accept policy premiums, at the option of the insured, either monthly, quarterly, semiannually or annually"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Ellem:
H. B. 2022 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to changing the time for periodic valuations and assessments of real and personal property; and providing for a ten percent cap on any increase in one year"; to the Committee on the Judiciary then Finance.
By Delegate Ellem:
H. B. 2023 - "A Bill to amend and reenact §55-7A-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-11A-2 of said code, all relating to defining victim so as to include a person who has been damaged as a result of the commission of a felonious act by a juvenile; and increasing parental liability for the willful, malicious or criminal acts of their juvenile children"; to the Committee on the Judiciary.
By Delegate Azinger (By Request):
H. B. 2024 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-3d, relating to requiring the Public Service Commission's Consumer Advocate's Office to review all rate cases filed by public and private utilities"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 2025 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2K-1, relating to requiring any abortion be performed in a hospital or only by a physician with admitting privileges to a hospital; providing, if not performed in a hospital, anesthesia must be given by a licensed anesthesiologist or licensed certified nurse anesthetist; requiring certain reporting requirements of abortion or reproductive health centers and for license suspension for failure to report; and, providing a basis for professional disciplinary action, injunctive relief, damages and penalties for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Barker:
H. B. 2026 - "A Bill to amend and reenact §61-3-54 of the Code of West Virginia, 1931, as amended, relating to amending the crime of identity theft to provide that it is a felony if a person commits the crime with the intent to commit any other crime"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 2027 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-2A-30, relating to allowing awards under the crime victims compensation program to be made to victims of identity theft"; to the Committee on the Judiciary then Finance.
By Delegate Boggs:
H. B. 2028 - "A Bill to amend and reenact §17A-6-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-6B-2 of said code; to amend and reenact §17A-6C-2 of said code; and to amend and reenact §17A-6D-5 of said code, all relating to increasing the required bond for certain businesses regulated by the Division of Motor Vehicles to fifty thousand dollars"; to the Committee on Roads and Transportation then Finance.
By Delegate Fragale:
H. B. 2029 - "A Bill to amend and reenact §11-8-5 of the Code of West Virginia, 1931, as amended, relating to providing that property owned, used and occupied by the owner or the owner's immediate family exclusively for residential purposes and without compensation is Class II property for levy purposes"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 2030 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-18-105a, relating to providing a method in which males may contest allegations or presumptions of biological parentage under certain circumstances"; to the Committee on the Judiciary.
By Delegate Carmichael:
H. B. 2031 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring medical practitioners who perform abortions to estimate the gestational age of the fetus by using ultrasound analysis and measurement; prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Carmichael:
H. B. 2032 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-15C-1, §11-15C-2, §11-15C-3 and §11-15C-4, all relating to a tax exemption on certain sales of clothing"; to the Committee on Finance.
By Delegate Brown:
H. B. 2033 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8D-10, relating to false reports of child abuse generally; providing a criminal offense for falsely reporting child abuse; requiring community service for persons convicted of violations; and, providing for civil liability"; to the Committee on the Judiciary.
By Delegate Caputo:
H. B. 2034 - "A Bill to amend §33-20-5 of the Code of West Virginia, 1931, as amended, relating to insurance generally; and prohibiting the use of a credit score in casualty insurance rate filings"; to the Committee on Banking and Insurance then Judiciary.
By Delegate Azinger:
H. B. 2035 - "A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-15-17 of said code, all relating to changing the 'within two years' time restriction to a 'within ten years' time restriction in which an application by a former police officer or firefighter, who previously resigned, and who meets other criteria set forth in the law, may submit an application for reinstatement and may be appointed by reinstatement without a competitive examination"; to the Committee on the Judiciary.
By Delegate Border:

H. B. 2036 - "A Bill to amend and reenact §33-42-8 of the Code of West Virginia, 1931, as amended, relating to establishing the crime of partial birth infanticide; penalty; definitions; and exceptions"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Border:

H. B. 2037 - "A Bill to amend and reenact §16-2F-3 of the Code of West Virginia, 1931, as amended, relating to requiring that abortion providers notify the parents of a minor seeking an abortion forty-eight hours before performing the procedure"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Ellem:
H. B. 2038 - "A Bill to amend and reenact §48-14-407 of the Code of West Virginia, 1931, as amended, relating to child support source of income; and providing penalty for employers failing to withhold"; to the Committee on the Judiciary.
By Delegate Ellem:
H. B. 2039 - "A Bill to amend and reenact §46A-4-110a of the Code of West Virginia, 1931, as amended, relating to the prohibition against mandatory arbitration clauses in consumer loan agreements by regulated consumer lenders in the state"; to the Committee on the Judiciary.
By Delegate Ellem:
H. B. 2040 - "A Bill to amend and reenact §62-1C-17c of the Code of West Virginia, 1931, as amended, relating to conditions of bond for defendants in cases of crimes between family or household members generally; and setting forth certain specific statutory conditions in lieu of allowing the issuing authority to set conditions of bail"; to the Committee on the Judiciary.
By Delegate Brown (By Request):
H. B. 2041 - "A Bill to amend and reenact §39-2-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §55-2-12 of said code, all relating to requiring all records to be preserved indefinitely; and removing the statute of limitations on certain personal actions"; to the Committee on the Judiciary.
By Delegate Morgan:
H. B. 2042 - "A Bill to amend and reenact §32A-3-1 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of fees that merchants may charge for cashing government-issued or other checks"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Moore:
H. B. 2043 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-11a, relating to McKinsie's Law; prohibiting the exposure of any game that has been gutted or cleaned from the public's view when reasonably possible; and providing a penalty"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Marshall:
H. B. 2044 - "A Bill to amend and reenact §8-27-12 of the Code of West Virginia, 1931, as amended, relating to designating urban mass transportation authorities as transportation coordinating bodies for their service areas; describing the coordinating responsibility; and addressing review of subordinate plans"; to the Committee on Roads and Transportation then Government Organization.
By Delegate Marshall:
H. B. 2045 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-15-10c, relating to authorizing paid municipal fire departments to investigate suspicious or illegal fires set or existing in or around public rights-of-way or otherwise within a municipality and to gather evidence at scenes of the suspicious or illegal fires"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Cann:
H. B. 2046 - "A Bill to amend and reenact §29-22A-3 of the Code of West Virginia, 1931, as amended, relating to definitions applicable to racetrack video lottery; and allowing a horse theme park as a pari-mutuel racing facility in north central West Virginia"; to the Committee on the Judiciary then Finance.
By Delegate Azinger (By Request):
H. B. 2047 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to reducing the term of Public Service Commission members from six to three years"; to the Committee on the Judiciary.
By Delegate Overington:
H. B. 2048 - "A Bill to amend and reenact §10-1-5 of the Code of West Virginia, 1931, as amended, relating to clarifying public library board service areas as determined by the Library Commission; and providing for appointment of members at large from the service area"; to the Committee on Government Organization.
By Delegate Overington:
H. B. 2049 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5A-12, relating to exempting public works projects receiving federal assistance and subject to federal labor standards from the state prevailing wage laws"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary then Finance.
By Delegate Boggs:
H. B. 2050 - "A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as amended, relating to authorizing county tax assessors to choose not to impose the property tax in a county on businesses for property that is business inventory intended for resale"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Webster, Proudfoot and Ellem:
 H. B. 2051 - "A Bill to amend and reenact §17C-6-7 and §17C-6-7a of the Code of West Virginia, 1931, as amended, relating to including lasers as a method of proving the speed of vehicles"; to the Committee on the Judiciary.
By Delegate Stemple, Kominar, Mahan and Varner:
 H. B. 2052 - "A Bill to amend and reenact §61-5-27a of the Code of West Virginia, 1931, as amended, relating to providing that the term 'impersonation' of a public official or employee includes the act of operating a motor vehicle which falsely displays an official emblem or other marking connoting government sponsorship"; to the Committee on the Judiciary.
By Delegate Tansill:
H. B. 2053 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-6, relating to creating the offense of sexual battery"; to the Committee on the Judiciary.
By Delegate Fragale:
 H. B. 2054 - "A Bill to amend and reenact §5-10-22 of the Code of West Virginia, 1931, as amended, relating to retirement annuity of public employees and retirees; increasing the multiplier and removing the provision which permits an increase in annuity payments for retired Legislators relative to legislative salary increases"; to the Committee on Pensions and Retirement then Finance.
By Delegate Spencer:
 H. B. 2055 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-5-15, relating to providing an exemption of ten thousand dollars of the valuation of motor vehicles for personal property taxation purposes"; to the Committee on the Judiciary then Finance.
By Delegate Caputo:
 H. B. 2056 - "A Bill to amend and reenact §29-6-10 of the Code of West Virginia, 1931, as amended, relating to the Civil Service Commission; requiring the State Personnel Board to consider public employees' seniority as the prevailing factor when awarding benefits or withdrawing benefits under the classified services; providing for current employee to receive preference for filling available positions; and eliminating the use of performance records in determining the order of layoff"; to the Committee on Government Organization then Finance.
At 11:15 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 12, 2007.