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Monday, February 12, 2007

THIRTY-FOURTH 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 Friday, February 9, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2591, Alcohol Beverage Control Commission, licensing of retail liquor stores,
H. B. 2592, Auditor's Office, WV State, transaction fee and rate structure,
H. B. 2593, Consolidated Public Retirement Board, teachers' defined contribution system,
H. B. 2594, Consolidated Public Retirement Board, teachers' retirement system,
H. B. 2603, Fire Commission, state building code,
H. B. 2606, Highways, waste tire remediation/environmental clean-up,
H. B. 2611, Personnel, Division of, workers' compensation temporary total disability rule,
H. B. 2612, Pharmacy Board, ephedrine and pseudoephedrine control,
H. B. 2614, Rehabilitation Services Division, case services,
H. B. 2615, Rehabilitation Services Division, resources manual,
H. B. 2626, Consolidated Public Retirement Board, public employees retirement system,
H. B. 2627, Consolidated Public Retirement Board, refund, reinstatement and loan interest factors,
H. B. 2628, Deputy Sheriff Retirement System,
H. B. 2647, Health and Human Resources, nursing home licensure rule,
H. B. 2653, Homeland Security and Emergency Management, mine and industrial accident rapid response system,
H. B. 2654, Hospital Finance Authority, establishment of fee schedule,
H. B. 2657, Human Services, minimum licensing requirements for group residential facilities,
H. B. 2676, Personnel, Division of, interdepartmental transfer of permanent state employees,
H. B. 2678, Regional Jail and Correctional Authority, criteria and procedures for determination of projected cost per diem for inmates,
And,
H. B. 2689, State Police, WV DNA databank,
And reports the same back, with the recommendation that they each do pass but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2591, H. B. 2592, H. B. 2593, H. B. 2594, H. B. 2603, H. B. 2606, H. B. 2611, H. B. 2612, H. B. 2614, H. B. 2615, H. B. 2626, H. B. 2627, H. B. 2628, H. B. 2647, H. B. 2653, H. B. 2654, H. B. 2657, H. B. 2676, H. B. 2678 and H. B. 2689) were each referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2644, Fire Commission, certification and evaluation of local fire departments,
And,
H. B. 2675, Personnel, administrative rule,
And reports the same back, with amendment, with the recommendation that they each do pass but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2644 and H. B. 2675) were each referred to the Committee on the Judiciary.
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. 2718, Relating to local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks,
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. 2718) was referred to the Committee on Finance.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2141, Raising the age at which a person may request to be excused from jury duty from sixty-five to seventy.
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. 168 - "A Bill to amend and reenact §46A-4-110 of the Code of West Virginia, 1931, as amended, relating to the sale of home and automobile membership plans by consumer lenders; defining automobile and home membership plans; specifying conditions for sale of plans by licensees; and requiring enrollment authorizations to be filed with the commissioner"; 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 and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 197 - "A Bill to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to clarifying that reasonable force may be used to protect one's self, real and personal property and the person and property of another; and clarifying that use of reasonable and proportionate force to defend is an absolute defense criminally and civilly"; 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. 389 - "A Bill to amend and reenact §20-1-2 of the Code of West Virginia, 1931, as amended, relating to including blue catfish in the definition of game fish"; which was referred to the Committee on Agriculture and Natural Resources.
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. 396 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-29, relating to authorizing the Director of the Division of Natural Resources to exempt site-specific data on certain rare plant or animal species and their habitats from disclosure under the Freedom of Information Act"; which was referred to the Committee on Agriculture and Natural Resources then the Judiciary.
Resolutions Introduced

Delegates Longstreth, Barker, Caputo, Eldridge, Ennis, Guthrie, Hrutkay, Manchin, Marshall, Miley, Perdue, D. Poling, Rodighiero, Shook, Stephens and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 27 - "Urging the President of the United States and Congress develop and implement a quality affordable health care policy for all Americans."
Whereas, Due to high health care costs and the nation's inability to address the needs of millions of people in this country without health coverage; and
Whereas, West Virginia residents are struggling with health care costs, reductions in employee health coverage and increased incidences of disabling illnesses; and
Whereas, Something must be done to provide adequate health care at reasonable rates for all Americans; and
Whereas, The lack of affordable health care is a national problem and requires a national solution; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the President and Congress of the United States to develop and implement a quality affordable health care policy for all Americans; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President, United States Senators Robert C. Byrd and John D. Rockefeller IV, Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito and the Governor.
Delegates Guthrie, Hrutkay, Kessler, Mahan, Moore and Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 28 - "Requesting that the Joint Committee on Government and Finance study the potential revenue generating system referred to as the 'automatic transaction fee' and the effect the implementation of a revenue collection system based on a simple percentage of each transaction over five hundred dollars would have on the current tax structure of this state, the impact it would have on the economy of this state and the potential the system may have in diversifying and converting the revenue streams of state government, county governments and municipal governments which rely disproportionately on a relatively small number of revenue sources.
Whereas, Under the automatic transaction fee system, payment would be collected by state financial institutions through the state treasury or through the Department of Revenue. Transaction fee payors would become liable for the fee at the moment they are able to exercise control over a piece of property, goods or services over five hundred dollars regardless of the payment instrument or method (cash, check, credit, debit or wire transfer) and although the transaction fee may appear similar to the sales and use tax, there is a major distinction in that a sales tax is charged only on sales to the final consumer of the product, while the automatic transaction fee would apply to both sellers and buyers in each transaction over five hundred dollars; and
Whereas, An automatic transaction fee revenue system can provide a broad revenue base at the lowest possible rate which could potentially simplify tax collections, lower the tax burden for citizens and businesses while capturing underground economic activity that currently avoids taxation and transactions made by foreign investors and corporations; and
Whereas, It is both prudent and necessary to begin planning for major future contingent issues that may affect current revenue streams, especially, the potential loss of federal funding, the continued loss of manufacturing jobs and the escalating costs of essential services; and
Whereas, By addressing the possibility of initiating an automatic transaction fee collection system, it may be possible to eliminate the sales tax on food and clothing, all current business taxes and personal state income taxes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the potential revenue generating system referred to as the "automatic transaction fee" and the effect the implementation of a revenue collection system based on a percentage of each transaction would have on replacing the current tax structure of this state, the impact it would have on the economy of this state and the potential the system may have in diversifying the revenue streams of state government, county governments and municipal governments which rely disproportionately on a relatively small number of revenue sources; and, be it
Further Resolved, That the Joint Committee on Government and Finance examine ways to introduce a system of automatic transaction fees as a replacement source of revenue on a pilot basis in this state and to involve qualified economic and tax researchers from the major research education institutions in this state to support the study; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to carry out its duties, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee On Government and Finance.
Delegates Guthrie, Brown, Caputo, Hatfield, Kominar, Mahan, Marshall, Palumbo, Wells and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 29 - "Requesting the Joint Committee on Government and Finance study the establishment of partnerships between the state's colleges and universities and employers to implement professional and technical collaborative preparation programs that prepare students for occupations in the state with highly promising employment opportunities in business, industry and government."
Whereas, For years, West Virginia has struggled with a "brain drain" resulting in the loss of college and professional graduates who are drawn to other states to seek employment opportunities; and
Whereas, West Virginia employers in business, industry and government need highly trained technical and professional graduates and often must seek the national and international markets to find them; and
Whereas, Professional and technical collaborative preparation programs would prepare resident college and professional graduates with the highly technical and professional skills needed by resident employers, helping them remain in the state to pursue promising career opportunities, strengthening the state's business and industry and potentially attracting new business and industry to West Virginia, along with higher-paying jobs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the establishment of partnerships between the state's colleges and universities and employers to implement professional and technical collaborative preparation programs that prepare students for occupations in the state with highly promising employment opportunities in business, industry and government; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Campbell, Canterbury and Crosier offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 30 - "Requesting the Division of Highways to name the bridge traversing the CSX Railroad tracks and the Greenbrier River on U.S. Route 219 South, in Ronceverte, West Virginia, the 'Thomas E. "Jock" Clifford, Jr., Memorial Bridge'."
Whereas, Colonel Thomas Edward "Jock" Clifford, Jr., was born May 19, 1911, in Ronceverte, West Virginia; and
Whereas, Colonel Jock Clifford joined the West Virginia National Guard at Ronceverte on November 20, 1928; and
Whereas, Colonel Jock Clifford graduated with honors from Greenbrier Military Academy in 1931, and was then appointed to West Point Military Academy on academic and athletic merit; and
Whereas, Colonel Jock Clifford starred as the center for the West Point football team, earning the title of All-American Center in football in 1935; and
Whereas, In addition to his success on the football field, Colonel Jock Clifford lettered in basketball and baseball. As a result of his superior athletic abilities, he acquired the nickname "Jock"; and
Whereas, Colonel Jock Clifford married Brownie Peters, his hometown sweetheart, the day after his graduation from West Point Military Academy; and
Whereas, Colonel Jock Clifford initially served at Fort Benning in Georgia and later as the officer in charge of the Army unit at the Cleveland (Ohio) Exposition of 1937; and
Whereas, Colonel Jock Clifford commanded the 19th Infantry Regiment of the 24th Division of the United States Army; and
Whereas, Colonel Jock Clifford commanded a battalion during the Hollandia campaign, which ultimately lead to the defeat of Japanese forces in New Guinea; and
Whereas, Colonel Jock Clifford was promoted to Colonel after demonstrating tremendous leadership and courage during the Battle of the Ormac Corridor; and
Whereas, Colonel Jock Clifford's seemingly limitless strength, fearlessness, tenacity, determination, and resolve to push himself and the men in his battalion to the brink of their endurance, earned him the nickname "Hell Roaring Jock"; and
Whereas, Colonel Jock Clifford was often referred to as a "real life John Wayne"; and
Whereas, Colonel Jock Clifford is considered the liberator of the city of Davao in the Philippines; and
Whereas, The city of Davao acknowledged his accomplishment by naming a theater, a street, and the town square in his honor; and
Whereas, Colonel Jock Clifford was known by friends, family, and peers as a fearless and brilliant leader; and
Whereas, Colonel Jock Clifford has named in his honor an army post in Kaje-do, Korea; a National Guard Armory in Ronceverte, West Virginia; a landing craft; and an arms rifle range; and
Whereas, Colonel Jock Clifford graciously requested a transfer from a prestigious position on General MacArthur's staff to return to the battlefield as one of the commanders of the 24th Infantry; and
Whereas, Colonel Jock Clifford then sacrificed his life near Tamogan, Mindanao, on June 24, 1945, while rescuing one of his sergeants from a Japanese-fired artillery shell; and
Whereas, Colonel Jock Clifford was awarded the Distinguished Service Cross with Oak Leaf Cluster; the Silver Star; the Legion of Merit; the Bronze Star with V and Oak Leaf Cluster; and the prestigious Purple Heart; and
Whereas, Colonel Jock Clifford's service and sacrifice earned him the honor of interment at Arlington National Cemetery; and
Whereas, Colonel Jock Clifford requested, should anything happen to him during the war, that his body be laid to rest in Ronceverte, West Virginia; and
Whereas, Colonel Jock Clifford was an outstanding World War II hero, and should be forever remembered for his valor and service to his country; therefore, be it Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge traversing the CSX Railroad tracks and the Greenbrier River on U.S. Route 219 South, in Ronceverte, West Virginia, the "Thomas E. 'Jock' Clifford, Jr., Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on the bridge signs identifying them as the "Thomas E. 'Jock' Clifford, Jr., Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the family of Colonel Thomas E. "Jock" Clifford, Jr.
Delegates Overington, Blair, Doyle, Duke, Cowles, Miller, Tabb and Rowan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 31 - "Requesting the State of West Virginia and the United States Federal Government to fully recognize that the counties of Berkeley and Jefferson in the State of West Virginia are part of the beautiful and historic Shenandoah Valley."
Whereas, The State of West Virginia was part of the State of Virginia until June 20th, 1863 and the counties of Berkeley and Jefferson were not officially added into the new State until 1872 upon the ruling of the United States Supreme Court. This ruling split the Shenandoah Valley into two sections, with the two counties just mentioned being now part of West Virginia and part of a political arm called the "Eastern Panhandle"; and
Whereas, The geographical landscape of the Shenandoah Valley is as follows:
Beginning at the Potomac River that forms the northern boundary along Berkeley and Jefferson Counties and continuing southwestward to the southern boundary near the city of Roanoke, Virginia. The valley is flanked to the east by the Blue Ridge Mountains (in eastern Jefferson County, West Virginia) and to the west by the Allegheny Mountains (in western Berkeley County, West Virginia). The Shenandoah River flows northward and empties into the Potomac River at Harper's Ferry, West Virginia. To break down the valley into two parts: The Upper Shenandoah Valley is located southward because of a high elevation and the Lower Shenandoah Valley is located northward because of a low elevation; and
Whereas, The historical landscape of Berkeley and Jefferson Counties is a storybook land full of famous patriots and people, wars and great events that made it into the history books. Both counties are rich in legend and lore. This is where the Great Wagon Road (later called the Valley Turnpike) provided travel for Indians, the earliest pioneers and Revolutionary and Civil War soldiers. The entire valley was known as the "Breadbasket of the Confederacy" because of its richness in fertile soils that sustains life for farms and orchards. The following is a brief look at the history of the counties of Berkeley and Jefferson: From George Washington and Thomas Jefferson to Morgan Morgan, from Revolutionary War Generals William Darke, Horatio Gates, Charles Lee, Daniel Morgan and General Adam Stephen to the famous Bee Line March and the oldest continuous 1735 United States Military Unit still in existence; and
Whereas, From the birthplace of United States President Andrew Jackson and the marriage of United States President James and Dolly Madison to Davy Crockett who worked on a local farm to James Rumsey, inventor of the steamboat. From John Brown and Robert E. Lee, "Stonewall" Jackson and J. E. B. Stuart, Turner Ashby and the Gray Ghost and Confederate Spy, Belle Boyd to the Battle of Falling Waters-the first engagement in the Shenandoah Valley and first cavalry action of the Civil War -- From the 1862 Battle of Harpers Ferry, to the Jackson Valley Campaign, to Philip Sheridan's successful Union Valley Campaign -- From David Hunter and David Hunter Strother (Pen name "Porte Crayon") -- To Martin Robinson Delaney, the highest ranking black officer in the Civil War -- From the B. & O. Roundhouses (landmarks in 20th century industrial architecture that replaced buildings destroyed in a famous Civil War raid by Jackson) to the first Rural Free Delivery in America (begun by United States Postmaster General William L. Wilson, a son of Jefferson County) and Washington Family Homes to the birth of Harry Flood Byrd, Senator and Governor of Virginia and from baseball player, Hack Wilson and WWI Secretary of the War, Newton D. Baker to the Legend of Wizard Clip and to famous western artist William Robinson Leigh, a Berkeley County native. From the city of Martinsburg, "Northern Gateway to the Shenandoah Valley" and at one time known as "Queen City" to the famous Apple Pie Ridge and the first "Apple Carnival Event" held in 1909 -- From Apple Blossom to Apple Harvest......This is the "Cradle of America"; therefore, be it
Resolved by the Legislature of West Virginia:
That in 1996, the United States Congress established the "Shenandoah Valley Battlefields National Historic District and Commission" and Berkeley and Jefferson Counties, West Virginia were not included to be a part of the program or to obtain any funds; and, be it
Further Resolved, That Berkeley and Jefferson Counties, West Virginia should be eligible to become part of the "Shenandoah Battlefields National Historic District and Commission" and be eligible for any other federal programs that are available for the Shenandoah Valley; 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 President of the United States and to West Virginia's Delegation in Congress and the Governor of West Virginia and to the Mayors and City Councils of Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Sheperdstown and to the County Commissioners of Berkeley and Jefferson Counties, West Virginia.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegate Longstreth:
H. J. R. 22 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; 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.
Delegates Ennis and Yost offered the following resolution, which was read by the Clerk:
H. R. 18 - "Memorializing the death of one of our own past and distinguished members, Paul R. Higgins."
Whereas, Paul R. Higgins was born in 1944 in Steubenville, Ohio, the sone of Dorothy Lescallette Higgins and the late Paul L. Higgins; and
Whereas,
Paul R. Higgins was a product of this State's Institutions of Higher Education, graduating from West Liberty College and later obtaining his graduate degree from West Virginia University; and
Whereas,
Paul R. Higgins was a dedicated educator, spending 38 years teaching high school students while, additionally, serving variously as a member of the Executive Board of the West Virginia Education Association, the Brooke County Education Association, the National Education Association, the West Virginia Council of Social Studies, and West Virginia Geographical Alliance; and
Whereas,
Paul R. Higgins shares an eternal bond and fraternal association with all of the members of this legislative body - past and present - as he served the citizens of this state as a past member of this House - elected in 1990 and, perhaps, serving with greatest distinction on the Route 2/Route 68 Commission; and
Whereas, The passing of the distinguished life of our fellow Delegate,
Paul R. Higgins , into the bottomless chasm of eternity, should not go without proper observance by this legislative body; therefore, be it
Resolved by the Legislative of West Virginia:
That sadness and regret are hereby expressed by the members of this body at the passing of Paul R. Higgins, educator, gentleman and statesman; a man who was devoted to his family and dedicated to serving his community; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a certified copy of this resolution to Dorothy Lescallette Higgins (Mr. Higgins' mother), Diane Wittaker Higgins (Mr. Higgins' wife), Robert Julian Higgins (Mr. Higgins' son) and Lesli Higgins Johnston (Mr. Higgins' daughter).
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 18) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Rodighiero, Eldridge, Ellis, Hrutkay, Shook and Reynolds:
H. B. 2993
- "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended, to define the term 'Medicare Advantage Prescription Drug Plan' in the public employees insurance act"; to the Committee on Health and Human Resources then Finance.
By Delegates Caputo, Boggs, Fragale, Hutchins, Ellem, Yost, Azinger, DeLong, Longstreth and Manchin:

H. B. 2994
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to railroad employees; and establishing criminal penalties for interfering with medical treatment of a railroad employee injured during the course of employment"; to the Committee on the Judiciary.
By Delegates Caputo, Duke, Fleischauer, Staggers, Manchin, Marshall, Martin, Perdue, Perry, Spencer and Hutchins:

H. B. 2995
- "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of annual and incremental salary increases for eligible employees from fifty dollars to one hundred dollars"; to the Committee on Finance.
By Delegates Kessler, Burdiss, Guthrie and Martin:
H. B. 2996
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-2B-1, §30-2B-2, §30-2B-3 and §30-2B-4, all relating to establishing a Doctor's Disciplinary Review Board to review the work and practice of medical and osteopathic physicians who have five or more lawsuits filed against them; designating membership on the board; providing duties of the board; providing mandatory reporting by hospitals and physicians; and, requiring the board to propose legislative rules"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Boggs:
H. B. 2997
- "A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to providing a salary increase for civilian employees of the State Police"; to the Committee on Finance.
By Delegate Michael:
H. B. 2998
- "A Bill to amend and reenact §5-10-17 of the Code of West Virginia, 1931, as amended, relating to mental hygiene commissioners eligibility for membership in the Public Employees Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Overington, Blair, Carmichael, Cowles, Schadler and J. Miller:
H. B. 2999
- "A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931, as amended, relating to establishing prevailing hourly rates to be used in connection with the construction of public improvements; and providing appeal to county commission"; to the Committee on Industry and Labor, Economic Development and Small Business and Small Business.
By Delegates Duke, J. Miller, Cowles, Blair, Overington, Doyle, Tabb and Wysong:
H. B. 3000
- "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to providing for a ten percent cap on any increase in one year for periodic valuations and assessments of real and personal property"; to the Committee on the Judiciary then Finance.
By Delegates Eldridge, Klempa, Rodighiero, Ellis, Hrutkay, Stemple, Williams, Barker, Argento, Sobonya and Paxton:

H. B. 3001
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7d, relating to requiring that all state high schools provide a course in hunter education, firearm and archery safety"; to the Committee on Agriculture and Natural Resources then Education.
By Delegates Webster, Proudfoot, Stemple, Longstreth, Varner and Kominar:
H. B. 3002
- "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to providing a penalty for violation of prohibited use of a handheld wireless communication device while driving by a minor holding a level one instruction permit or a level two license"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Ireland and Romine:
H. B. 3003
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2K-1, relating to providing that neither the state nor any county may reimburse any person or entity for transporting any person to schedule, arrange or procure an abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Shaver, J. Miller, Andes and Overington:
H. B. 3004
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-19-3b, relating to prohibiting the use of the body of an unborn baby for any medical experimentation or scientific investigation except as necessary to diagnose a disease or condition suspected to exist in the mother's or fetus's body; and prescribing criminal penalties for violation of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Varner, Kominar, Stemple, Hartman, Shook, Long, Pino, Tabb, Webster, Fleischauer and Swartzmiller:

H. B. 3005
- "A Bill to amend and reenact §8A-2-4 of the Code of West Virginia, 1931, as amended, relating to requiring the appointment of a fireman to a county planning commission"; to the Committee on Political Subdivisions then Government Organization.
By Delegate Morgan:
H. B. 3006
- "A Bill to amend and reenact §30-20-4 of the Code of West Virginia, 1931, as amended, relating to limiting the number of terms a member of the Board of Physical Therapy may serve"; to the Committee on Government Organization.
By Delegates Staggers, Eldridge, Pino and Klempa:
H. B. 3007
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-18a; and to amend said code by adding thereto a new chapter, designated §24G-1-1, §24G-1-2, §24G-1-3, §24G-1-4, §24G-1-5, §24G-1-6, §24G-1-7, §24G-1-8, §24G-1-9 and §24G-1-10, all relating to expanding wireless infrastructure within this state; legislative findings and purpose; definitions; wireless infrastructure council created; council powers and duties; long term leases of state-owned property authorized for construction, placement and operation of wireless infrastructure; exemption from Purchasing Division requirements; lease requirements; revolving fund created; deposits; fund use; granting Commissioner of Highways the power of eminent domain and disbursements"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Lane:
H. B. 3008
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26u; and to amend and reenact §18A-4-2 of said code, all relating to increasing supplemental benefits to certain teacher retirement annuitants and to increasing teacher's salaries, both in accordance with cost-of-living increases as measured by the Consumer Price Index in particular years"; to the Committee on Education then Finance.
By Delegates Fleischauer, Stemple, Long, Mahan, Kessler, Shook, Brown, Hrutkay, Guthrie, Proudfoot and Fragale:

H. B. 3009
- "A Bill to amend and reenact §49-1-3 and §49-1-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5D-2 and §49-5D-3 of said code, all relating to defining a child advocacy center relating to abuse and neglect; defining a child advocacy center related to child welfare in West Virginia; setting forth the role of a child advocacy center in multidisciplinary investigative teams; and setting forth the role of a child advocacy center in multidisciplinary treatment teams"; to the Committee on the Judiciary.
By Delegates Caputo, Rodighiero, Argento, Eldridge, Ellis, Yost and Hutchins:
H. B. 3010
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-9-1, §29-9-2, §29-9-3, §29-9-4, §29-9-5, §29-9-6, §29-9-7, §29-9-8, §29-9-9, §29-9-10, §29-9-11, §29-9-12, §29-9-13, §29-9-14, §29-9-15, §29-9-16, §29-9-17, §29-9-18, §29-9-19, §29-9-20, §29-9-21, §29-9-22, §29-9-23, §29-9-24, §29-9-25, §29-9-26, §29-9-27 and §29-9-28, all relating to the public school employment relations act; stating legislative policy and purpose; defining certain terms; establishing a West Virginia public school employment relations board; providing for the composition of the board, the terms of its members, and the qualifications of the members; providing for the terms of the original appointees and the method of filling vacancies; limiting eligibility of board members for reappointment; requiring an oath of office and establishing a method of removal of board members; establishing procedural rules for meetings and requiring a quorum; providing for the payment of per diem and expenses for attendance by board members; providing for the organization of the board, the powers and duties of the board, the employment of staff and the location of offices; granting authority to the board to promulgate rules; defining employee and employer rights; providing for the election of exclusive representatives by public school employees; establishing criteria for determining the appropriateness of an employee unit for purposes of collective bargaining; establishing procedures for representation elections and decertification of certified representatives; establishing the scope of bargaining subjects as to which agreement may be reached; providing for written agreements; providing that all written agreements involving costs are subject to appropriations by the appropriate legislative or governing body; limiting the duration of agreements to three years; providing for mediation and arbitration to resolve impasses in bargaining; prohibiting strikes by public school employees; providing remedies for prohibited strikes; defining prohibited practices; establishing a method of payroll deductions, fair share fee payments and protections for fee payors; requiring financial reports, public records and lists of employee organizations and exclusive representatives; and setting forth when the article shall take precedence and when it shall be inoperative"; to the Committee on Education.
By Delegates Pethtel, Varner, Ennis, Romine, Perry and Evans:
H. B. 3011
- "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to create and issue a 'Patriot Guard Riders' license plate for passenger vehicles and motorcycles"; to the Committee on Roads and Transportation then Finance.
By Delegates Craig, DeLong, Amores, Rodighiero and Caputo:
H. B. 3012 - "A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to the Greyhound Breeding Development Fund; changing residency requirements to two years; defining the West Virginia Greyhound Breeding Development Fund disbursements; changing the twelve month rule related to supplemental purse awards while providing financial incentives for whelping and consecutively housing accredited West Virginia whelped greyhounds in West Virginia for longer than six months; requiring full and total distribution in the following year of any carry-over balance in the purse supplemental funds; and, requiring greyhound racing kennels a minimum number of accredited West Virginia whelped greyhounds on their active racing list"; to the Committee on Government Organization then the Judiciary.
Special Calendar

Unfinished Business

H. C. R. 6, Urging the Supreme Court to adopt the Lawyer Advertising Commission's recommendations to expand and amend the West Virginia Rules of Professional Conduct; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 9, Urging the Supreme Court to design and implement a process of data collection on divorce and child custody matters; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 12, The Narvel Perdue Bridge; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 15, The Travis Harless Memorial Highway; coming up in regular order, as unfinished business, was reported by the Clerk and adopted..
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. R. 11, Creating a Select Committee on Mine Safety Issues; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Third Reading

H. B. 2349, Continuing the Board of Registration for Sanitarian; 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. 34), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2349) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2574, Continuing the Board of Social Work Examiners; 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. 35), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2574) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2578, Continuing current mental health parity laws for group insurance plans; 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. 36), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2578) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 37), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B 2578) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2586, Continuing the Board of Veterinary Medicine; on third reading, coming up in regular order, was reported by the Clerk.
Delegate DeLong asked and obtained unanimous consent that the rule be suspended to permit the offering and consideration of an amendment to the bill on third reading.
On motion of Delegate Morgan, the bill was amended on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §30-10-20 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. VETERINARIANS.

§30-10-20. Continuation of the Board of Veterinary Medicine.

Pursuant to the provisions of article ten, chapter four of this code, the Board of Veterinary Medicine shall continue to exist until the first day of July, two thousand seven seventeen, unless sooner terminated, continued or reestablished."
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 38), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2586) passed.
On motion of Delegate Morgan, the title of the bill was amended to read as follows:
H. B. 2586 - "A Bill to amend and reenact §30-10-20 of the Code of West Virginia, 1931, as amended, relating to continuation of the Board of Veterinary Medicine."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2587, Continuing the Board of Optometry; 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. 39), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2587) 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. 2787, Creation of the Address Confidentiality Program; 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. 40), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2787) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2789, Authorizing the Supreme Court of Appeals to create a panel of senior status magistrate assistants; 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. 41), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2789) 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. 2791, Relating to penalties for violating peace bonds; 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. 42), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2791) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

S. B. 205, Clarifying violations of protective orders; on second reading, coming up in regular order, was read a second time and ordered to third reading.
H. B. 2781, Modifying the statutory limitation on the length of school buses; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Roads and Transportation , was reported by the Clerk and adopted, amending the bill on page two, section four, line three, after the word "bumpers", by striking out the remainder of line three and inserting in lieu thereof the following ": Provided, That a motor home and a school bus".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2800, Relating to the practice of medical imaging and radiation therapy; 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:
S. B. 360, Extending time local levying bodies may meet,
H. B. 2204, Providing that retiring municipal police officers may keep their service revolver,
Com. Sub. for H. B. 2380, Exempting the purchase of certain drugs, durable medical goods, etc., from the consumers sales and service tax,
Com. Sub. for H. B. 2498, Enhancing the penalty for indecent exposure where the victim is a child under the age of fourteen,
Com. Sub. for H. B. 2801, Providing a fifty thousand dollar death benefit to the families of firefighters and EMS personnel who are killed in the line of duty,
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,
Com. Sub. for H. B. 2955, Continuing a flat-rate excise tax on motor fuel at $.205,
H. B. 2988, Relating to the West Virginia Tax Procedure and Administration Act,
H. B. 2989, Relating to certain tax shelters used to avoid paying state income taxes,
H. B. 2990, Making technical corrections to assure the proper collection of offset fees,
H. B. 2991, Authorizing the Tax Commissioner to conduct criminal record checks of prospective employees of the Tax Division,
And,
H. B. 2992, Decreasing the health care provider tax imposed on gross receipts of providers of nursing facility services.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Campbell, Craig and Miley.
Remarks of Members

Delegate Armstead addressed the House on todays' being the 198th anniversary of the birth of President Abraham Lincoln, and at the conclusion thereof, Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate Armstead be printed in the Appendix to the Journal.
At 12:01 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 13, 2007.