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Monday, February 19, 2007

FORTY-FIRST 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 16, 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

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
S. C. R. 10, Requesting state and federal government recognize Berkeley and Jefferson counties as part of historic Shenandoah Valley,
And reports the same back with the recommendation that it be adopted.
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. 2748, Relating to the receipt and transfer of scrap metal,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2748 - "A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the receipt and transfer of scrap metal; imposing of additional reporting and record retention requirements for certain purchasers of nonferrous metal or steel railroad track and track material; clarifying procedure by which law enforcement officers authority may take custody of items made of such metals upon reasonable belief that a crime had been committed; providing for the inspection of records and materials by investigators employed by public utilities and railroads; providing for the return of such metals under certain conditions; and increasing criminal penalties for violations,"
H. B. 2764, Establishing criminal history checks for applicants for insurance producer licenses,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2764 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-37, relating to criminal history checks for applicants for insurance producer licenses; defining terms; requiring applicants to submit to criminal history records checks; authorizing Insurance Commissioner to establish and collect fees; requiring the Insurance Commission to transmit requests to the State Police and Federal Bureau of Investigation; requiring certain records be confidential; exempting certain information from disclosure pursuant to subpoena or discovery; and authorizing Insurance Commissioner to promulgate emergency and legislative rules,"
And,
H. B. 2932, Protecting incapacitated persons and the elderly,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2932 - "A Bill to amend and reenact º61-2-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated º61-2-29a, º61-2-29b, º61-2-29c and §61-2-29d, all relating to protecting incapacitated persons and the elderly; defining terms; increasing the penalty for abuse or neglect; establishing offenses and penalties for death by refusal or failure to supply necessities; establishing the offenses and penalties for death by abuse or neglect; and establishing offenses and penalties for sexual assault and abuse,"
With the recommendation that the committee substitutes each do pass.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 3022, Exempting motor vehicles in funeral processions from the requirement to pay tolls on parkway projects,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3022) was referred to the Committee on Finance.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 3016, Making the fine for failure to wear a seat belt a flat fine of twenty-five dollars,
And reports the same back with the recommendation that it do pass, 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. 3016) was referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2711, Providing that fire officers may use adjacent property to prevent fire from spreading,
And,
H. B. 2537, Establishing county and municipal authorities to provide for and maintain facilities to house Child Advocacy Centers,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2711 and H. B. 2537) were each referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2831, Relating to the transfer of development rights; eliminating the five year ordinance waiting period,
And reports the same back, with title amendment, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2831) to the Committee on the Judiciary was abrogated.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2216, Expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2216) to the Committee on the Judiciary was abrogated.
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. 2776, Relating to the West Virginia Residential Mortgage Lender, Broker and Servicer Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2776 - "A Bill to amend and reenact §31-17-1 and §31-17-11 of the Code of West Virginia, 1931, as amended, all relating to defining a loan originator to include individuals working for licensees the majority of whose business consists of brokering; and permitting the commissioner to enter into information sharing agreements with other mortgage regulators,"
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. 2568
, Extending the sunset provision regarding racial profiling analysis.,
H. B. 3018, Limiting the duplication of publication costs in the administration of certain estates,
H. B. 3025, Removing the ten year limitation on executing liens for child support,
And,
Com. Sub. for S. B. 148, Providing breast feeding not considered public indecency,
And reports the same back with the recommendation that they each do pass.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2120, Prescribing minimum standards for municipal judges.
Delegate DeLong asked and obtained unanimous consent that further consideration of the bill be passed over temporarily.
At the further request of Delegate DeLong, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing resolutions.
Resolutions Introduced

Delegate Wells and all other members of the House offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 38 - "Naming the bridge over 40th Street in the Town of Nitro on Interstate 64 between mile posts 45 and 46 in memory of Staff Sergeant Robert F. White."
Whereas, Robert F. White was born on February 20, 1971, in Cross Lanes, West Virginia, and later graduated from Nitro High School; and
Whereas, Robert F. White enlisted in the United States Army and received basic combat training and advanced individual training at Fort Benning, Georgia; and
Whereas, After honorably completing his original enlistment commitment, he reenlisted and was assigned to various locations, including Camp Greaves in South Korea where he served as a Squadron Leader with Bravo Company, first Battalion, 506th Infantry, 2nd Division, attaining the rank of Staff Sergeant; and
Whereas, Staff Sergeant Robert F. White's last assignment was to Alpha Company, 1st Battalion, 325th Air, 82nd Airborne, where he held the position of Weapons Squadron Leader and was deployed in support of "Task Force Gun Devil" to Kandahar Airfield, Afghanistan; and
Whereas, Staff Sergeant White, while in Kandahar Province in Afganhistan, led his squadron on numerous joint United States and Afghanistan company missions and combat patrols on which he displayed uncommon leadership and valor resulting in the capture of anti-coalition forces as well as improvised explosive devices, other weapons and drug caches; and
Whereas, On the 26th day of September, 2005, Staff Sergeant White, while in the prime of his life and in the line of duty for this country, was mortally wounded by enemy forces - paying the ultimate price, leaving behind his beloved wife, Cathy and his beloved son, Zachary; and
Whereas, This truly patriotic man has been recognized for his exceptionally meritorious service, tireless work, dedication to the mission and professional excellence in service to his country - in support of "Operation Enduring Freedom" as well as many other compellingly essential missions to the security of our nation, receiving variously the Purple Heart, the Bronze Star, the Meritorious Service Medal, the Army Achievement Medal, the Army Good Conduct Medal, the Global War on Terrorism Medal, the National Defense Service Medal, the Afghanistan Campaign Medal, the Korean Defense Service Medal and a multitude of other commendations for his exceptional dedication and service; therefore, be it
Resolved by the Legislature of West Virginia:
That the bridge over 40th Street in the Town of Nitro on Interstate 64 between mile posts 45 and 46 be named the "Staff Sergeant Robert F. White Bridge" in memory of this dedicated patriot who paid the ultimate price for his country; and, be it
Further Resolved, That the Division of Highways is hereby directed to erect signs at the entrance of each end of the subject bridge, proclaiming the name of the bridge in prominent lettering as "The Staff Sergeant Robert F. White Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Staff Sergeant White's wife Cathy and son Zachary White of Hope Mills, North Carolina, his parents, Stan and Shirley White of Cross Lanes, West Virginia, his brothers, William H. White, Jr. Of Hampton, Virginia, and Andrew White of Cross Lanes, West Virginia, his sisters, Phyllis White-Sellards of Huntington, West Virginia, Christina White of Cross Lanes, West Virginia, his paternal grandmother, Eva Mae White of Chesapeake, West Virginia, and to the Division of Highways.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Doyle, Rodighiero, Eldridge and Moye:
H. J. R. 25 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 24, article VI thereof, relating to the procedure for appointing a member when necessary to replace an elected or appointed member; 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.
Mr. Speaker, Mr. Thompson, and all other members of the House offered the following resolution, which was read by the Clerk:
H. R. 23 - "Recognizing the heroic service of America's veterans and commemorating Veterans' Appreciation Day at the House of Delegates."
Whereas, From the Revolutionary War to recent struggles, America's men and women have continued to rise beyond the call of duty in order to both preserve the freedom of the United States and to help maintain sovereignty throughout the world; and
Whereas, Of the 25 million veterans currently alive, nearly three of every four veterans have served during a war or an official period of hostility - about a quarter of the Nation's population; and
Whereas, Per capita, more citizens from West Virginia have served in our Nation's armed forces than from any other state in the union; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives with thousands more brave West Virginians being wounded in battle; and
Whereas, This legislative body is proud to honor and pay homage to those West Virginia veterans who have served, and those who are currently serving, in harm's way to protect American democracy from the threat of terror; and
Whereas, This legislative body wishes to convey its gratitude and recognition to those brave West Virginians who have faced the opposition, been wounded and even given their lives in the name of freedom; and
Whereas, All veterans deserve our thanks and praise for their selfless sacrifices, service and dedication. The significance of what these men and women of the armed forces have provided to the citizens of this Nation should never be understated; and
Whereas, This legislative body is proud to espouse the goal set for us by President John F. Kennedy who said, "Our goal is not the victory of might, but the vindication of right; not peace at the expense of freedom, but both peace and freedom, here in this hemisphere, and around the world. God willing that goal will be achieved"; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the heroic service and sacrifice of America's veterans; and, be it
Further Resolved, That the Clerk of the House prepare a certified copy of this resolution for the West Virginia Division of Veterans Affairs.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 23) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Brown, Amores, Palumbo, Hatfield, Guthrie, Wells, Rodighiero and Spencer offered the following resolution, which was read by the Clerk.
H. R. 24 - "Honoring the centennial of United Parcel Service of America, Inc, (UPS) and recognizing the contributions of the company to the citizens of West Virginia."
Whereas, On the twenty-eighth day of August, 2007, UPS will celebrate its one hundredth birthday; and
Whereas, UPS has served West Virginia since 1964 and today employs over nine hundred employees and operates eleven facilities across the state; and
Whereas, Each day, thirteen thousand and seven hundred citizens of West Virginia utilize the express delivery and specialized transportation and logistics services that UPS provides; and
Whereas, UPS delivers more than one hundred thirty thousand packages every day to customers across West Virginia, connecting people, communities and businesses; and
Whereas, The services UPS provides connects the people of West Virginia to more than 200 countries through its expansive transportation network that truly synchronized global commerce; and
Whereas, UPS has contributed more than six hundred seventy thousand dollars to philanthropic endeavors in the state of West Virginia since 1995, reflecting the company's emphasis on community service and citizenship; and
Whereas, UPS will continue to both provide a substantial economic impact to the people of West Virginia and focus on cultivating deep partnerships with the communities it serves; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates commemorates the one hundredth anniversary of UPS; and, be it
Further Resolved, That the House of Delegates hereby recognizes and celebrates the contributions of UPS to the people of West Virginia both economically and philanthropically.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 24) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Messages from the Senate

Having been passed over temporarily in earlier proceedings, Com. Sub. for H. B. 2120, Prescribing minimum standards for municipal judges, was, on motion of Delegate DeLong taken up for further consideration.
The following Senate amendment was reported by the Clerk:
On page four, section two, lines forty seven through fifty-one, by striking out the words "municipal judges may attend any authorized training session or seminar for county magistrates, which shall be credited toward the continuing education requirement contained in this subsection: Provided, however, That".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 86), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Campbell, Cann, Ellem, Hatfield, Manchin, Miley, Perdue and Stephens.
So, a majority of the members elected having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2120) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
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. 2285, Updating the meaning of federal adjusted gross and certain other terms used in West Virginia Personal Income Tax Act.
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:
Com. Sub. for H. B. 2314, Updating the meaning of "federal taxable income" and certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act.
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. 104 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-9, relating to when the Consolidated Public Retirement Board shall pay annuities; which was referred to the Committee on Finance.
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. 105 - "A Bill to amend and reenact §7-14E-2 of the Code of West Virginia, 1931, as amended, relating to imposing a surcharge on county commissions for delinquent payment of fees due the Deputy Sheriff Retirement Fund"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
S. B. 142, Providing penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix.
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. 204 - "A Bill to amend and reenact §52-1-17 of the Code of West Virginia, 1931, as amended, relating to assessing the cost of petit juries in magistrate court"; which was referred to the Committee on the Judiciary 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. 206 - "A Bill to amend and reenact §62-11C-9 of the Code of West Virginia, 1931, as amended, relating to assessing court costs for participants in pretrial diversion programs"; which was referred to the Committee on the Judiciary 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. 382 - "A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to reemployment of public employee retirees after retirement; and allowing retired employees of the Supreme Court of Appeals who have retired on senior status to draw both their public employee retirement benefits and temporary or per diem compensation from the Supreme Court of Appeals of up to twenty thousand dollars per year"; which was referred to the Committee on the Judiciary 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. 454 - "A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2B-6 and §5B-2B-9 of said code; to amend and reenact §5F-2-1 of said code; and to amend and reenact §21A-1-4 of said code, all relating to the Bureau of Employment Programs; changing the agency name from the Bureau of Employment Programs to Workforce West Virginia; revising the divisional structure within the agency; and providing that Workforce West Virginia shall provide administrative and other services to the West Virginia Workforce Investment Council"; 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. 489 - "A Bill to amend and reenact §5B-2B-4 and §5B-2B-6 of the Code of West Virginia, 1931, as amended, all relating to reports to the Legislative Oversight Commission on Work Force Investment for Economic Development generally; and requiring copies of memoranda of understanding with one-stop centers and data regarding the success of linking PROMISE scholarship graduates with West Virginia employers as part of the reports"; 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. 512 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-6-8, relating to prohibiting law-enforcement officers or prosecutors from asking or requiring an adult, youth or child victim of an alleged sexual offense to submit to a polygraph examination or other truth-testing device as a condition for proceeding with the investigation of the offense; and precluding declination to investigate or prosecute for a refusal to undergo such testing"; 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. 530 - "A Bill to amend and reenact §3-1-35 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-4A-20 of said code, all relating to providing that a political party may authorize a voter not affiliated with a political party or who is not an adherent to any party appearing on the ballot in the general election to vote in its party's primary"; 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. 531 - "A Bill to amend and reenact §31D-5-504 of the Code of West Virginia, 1931, as amended, relating to the process of filing with the office of the Secretary of State service of process on corporations in class action suits"; 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. 539 - "A Bill to amend and reenact §7-14D-2, §7-14D-9 and §7-14D-11 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System; clarifying annuity starting date; retirement benefits; and commencement of benefits"; 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 Delegates Kominar and Moore:
H. B. 3118 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-3a; and to amend and reenact §33-2-7 and §33-2-19 of said code, all relating to investigations of violations of insurance laws; clarifying that the Insurance Commissioner may investigate noncriminal violations; authorizing use of Class A registration plates; clarifying that immunity granted in certain cases applies to criminal prosecutions only; and clarifying the authority and duties of the Insurance Commissioner with regard to information obtained during investigations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Moye, Kessler, Shook, Stagers, Rodighiero and Sumner:
H. B. 3119
- "A Bill to amend and reenact §8-6-4 of the Code of West Virginia, 1931, as amended, relating to requiring a public hearing and county commission approval before state highways and other public lands can be annexed by a municipality pursuant to an annexation petition"; to the Committee on Political Subdivisions then the Judiciary..
By Delegates Browning, Burdiss, Ellis, Frederick, Hrutkay, Kominar, Long, Moore, Porter, Rodighiero and White:

H. B. 3120 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15-9a, relating generally to solid waste facilities; providing procedure to allow certain facilities to handle up to one hundred thousand tons of solid waste per month; providing solid waste assessment fee; specifying when special solid waste assessment fee applies in lieu of regular fees and how it is to be administered, collected, enforced, and paid; and dedicating use of special assessment fee proceeds for certain purposes"; to the Committee on the Judiciary.
By Delegates Shook, Beach, Fleischauer and Marshall:
H. B. 3121
- "A Bill to amend and reenact §8-12-5 of the Code of West Virginia, 1931, as amended, relating to municipalities generally; providing for the licensing of the business of renting and leasing residential rental property; and providing for due process for persons adversely affected"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Longstreth, Fragale, Iaquinta, Martin and Stemple:
H. B. 3122
- "A Bill to amend and reenact §9A-4-2 of the Code of West Virginia, 1931, as amended, relating to the definition of 'eligible veteran' for certain state training and employment preference benefits; and including persons who served honorably in the National Guard and reserves as eligible veterans"; to the Committee on Veterans Affairs and Homeland Security then the Judiciary.
By Delegates Carmichael, Ellem, Palumbo, Doyle, Canterbury and Blair:
H. B. 3123
- "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §11-16-13 of said code; and to amend and reenact §11-17-3 of said code, all relating to taxation; eliminating the consumer sales and service tax on food; increasing the tax on nonintoxicating beer per barrel from five dollars and fifty cents to six dollars and thirty-five cents; increasing the rate of tax on cigarettes from fifty-five cents to one dollar and thirty- five cents; increasing the excise tax on noncigarette tobacco products from seven percent to fourteen percent; and providing for the dedication of five million dollars of the revenue for the first year to the Department of Agriculture"; to the Committee on Finance.
By Delegates Sobonya, Longstreth, Stephens, Moore, Rowan, Morgan, C. Miller, Craig and Reynolds:

H. B. 3124
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8D-1a, relating to prohibiting any law enforcement or other official from interfering in the service of a warrant in child abuse investigations; and providing a penalty for violations including dismissal or forfeiture of office"; to the Committee on the Judiciary.
By Delegates Sobonya, Summer, Rowan, C. Miller, Stephens, Reynolds, Craig, Morgan and Duke:

H. B. 3125
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26u, relating to providing a cost-of-living provision for certain persons retired under the Teachers Retirement System"; to the Committee on Education then Finance.
By Delegates Sobonya, Stephens, Rowan, C. Miller, Craig and Reynolds:
H. B. 3126
- "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 counseling, referring, transporting or assisting any student to obtain an abortion; 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 Health and Human Resources then the Judiciary.
By Delegates Sobonya, J. Miller, Sumner, Duke, Stephens, Morgan, Longstreth, Guthrie, C. Miller, Lane and Craig:

H. B. 3127
- "A Bill to amend and reenact §20-5-18 and §20-5-19 of the Code of West Virginia, 1931, as amended, all relating to discounts at state parks for elderly and disabled persons; and providing that the fifty percent reduction for state park campground rental fees for elderly and disabled persons is applicable throughout the year"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Boggs, Pino, Miley, Lane, Sobonya, Ellem and Schoen:
H. B. 3128
- "A Bill to repeal §16-2F-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-6, §16-2F-8 and §16-2F-9; and to amend said code by adding thereto a new section, designated §16-2F-8a, all relating to parental notification requirements for obtaining abortions by unemancipated minors; defining terms; requiring proof of age prior to an abortion; providing for substitute notification in certain instances; modifying physician reporting requirements; providing for criminal penalties; providing for preservation of fetal tissue in instances of sexual assault; and providing for severability"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Barker and Overington:
H. B. 3129
- "A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to eligibility for parole; good conduct and violent behavior"; to the Committee on the Judiciary.
By Delegate Caputo (By Request):
H. B. 3130
- "A Bill to amend and reenact §33-2-21 of the Code of West Virginia, 1931, as amended, relating to giving the Insurance Commissioner the power to regulate and penalize self- insured employers"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Perry, Sumner, Wysong, Beach and Shaver:
H. B. 3131
- "A Bill to amend and reenact §18A-2-7 of the Code of West Virginia, 1931, as amended, relating to the definition of a transfer for classroom teachers"; to the Committee on Education.
By Delegates Marshall, Shook, Rodighiero, Eldridge, Ellis, Beach, Moore and Stephens:
H. B. 3132
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated  §18B-14-12, relating to protecting the academic speech of higher education professional educators"; to the Committee on Education.
By Delegates Doyle, Duke, J. Miller, Tabb, Wysong and Campbell:
H. B. 3133
- "A Bill to amend and reenact §8-6-1, §8-6-4 and §8-6-5 of the Code of West Virginia, 1931, as amended, all relating to annexation of unincorporated territory; establishing a minimum of one hundred fifty feet of contiguity for annexation by minor boundary adjustment; requiring a minimum of forty persons to petition for annexation without election; and allowing any freeholder who owns twenty-five acres or more to opt out of any annexation"; to the Committee on Political Subdivisions then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 3134
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48; and to amend and reenact §18-9D-2 and §18-9D-16 of said code, all relating to time levels for bus routes; providing for the establishment, maintenance and adherence to schedules for one-way bus transportation time levels under normal weather operating conditions; prohibiting the creation of new bus routes in the wake of a closure or consolidation of an existing school facility in which the time levels for the bus routes exceed certain levels; allowing for county school boards to seek a waiver from such prohibition from the State Board of Education and the School Building Authority; defining certain terms; and providing that School Building Authority and State Board of Education cannot approve any facilities plan until it approves any waiver requested by a county board"; to the Committee on Education.
Special Calendar

Unfinished Business

H. C. R. 14, Requesting the Joint Committee on Government and Finance to study the state of the delivery of health care in West Virginia; 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. 18, Lance Corporal James "Jimmy" Sargent Memorial Bridge; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 22, Designating the River City Youth Ballet Ensemble as the Official West Virginia State Youth Ballet; coming up in regular order, as unfinished business, was read 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.
Delegates Tabb, Doyle and Wysong requested that the Journal record them as voting "Nay" on the adoption of the foregoing resolution.
H. C. R. 28, Requesting the Joint Committee on Government and Finance to study the potential revenue generating system referred to as the "automatic transaction fee"; 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. 29, Requesting the Joint Committee on Government and Finance to study the establishment of partnerships between the state's colleges and employers; 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.
Third Reading

Com. Sub. for H. B. 2178, Providing criminal penalties for persons convicted of human trafficking and involuntary servitude offenses; 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. 87), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Cann, Ellem, Hatfield, Manchin, Miley, Perdue and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2178) 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. 2790, Authorizing magistrate courts to assess a fee for record searches; on third reading, coming up in regular order, was read a third time.
On motion of Delegate DeLong, the bill (Com. Sub. for H. B. 2790) was laid over.
Com. Sub. for H. B. 2840, Relating to transportation of wildlife outside of the state; 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. 88), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Cann, Ellem, Hatfield, Manchin, Miley, Perdue and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2840) 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. 2972, Relating to electronic voting systems; requiring the ballot to be clearly marked or punched for a write-in position; 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. 89), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Cann, Ellem, Hatfield, Manchin, Miley, Perdue and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2972) 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

H. B. 2772, Ensuring the Public Employees Insurance Agency will continue and maintain medical and prescription drug coverage for medicare eligible retired employees; 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 seven, beginning on line eight, by striking out the following: "Provided, That the Public Employees Insurance Agency will continue and maintain the quality Public Employees Insurance Agency medical and prescription drug coverage for Medicare eligible retired employees and, if the Medicare/Advantage Prescription Drug Plan should fail, the Public Employees Insurance Agency will take all Medicare eligible retired employees back into the existing Public Employees Insurance Agency Plan."
And,
On page seven, section seven, following line one hundred ten, by inserting the following:
"(d) The agency shall maintain the medical and prescription drug coverage for Medicare eligible retirees by providing that coverage through one of the existing plans or by enrolling the Medicare eligible retired employees into a Medicare specific plan, including but not limited to, the Medicare/Advantage Prescription Drug Plan. In the event that a Medicare specific plan would no longer be available or advantageous for the agency and the retirees, the retirees shall remain eligible for coverage through the agency."
The bill was then ordered to engrossment and third reading.
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 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 H. B. 2048, Clarifying public library board service areas as determined by the Library Commission,
Com. Sub. for H. B. 2544, Increasing the penalty for driving under the influence causing death,
Com. Sub. for H. B. 2804, Eliminating time schedules for utility relocation on highway projects,
H. B. 2866, Requiring public notice of state plan amendments prior to submission and increasing the membership of the Medicaid Advisory Board,
H. B. 2933, Exempting for nursing licensing provisions the care of the sick when done in connection with the practice of religious tenets,
H. B. 3057, Relating to programs for all-inclusive care of the elderly, known as "PACE",
And,
H. B. 3117, Clarifying that contractors must have a state contractors license in order to submit a bid with the State of West Virginia.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Campbell, Cann, Ellem, Hatfield, Manchin, Miley, Perdue and Stephens.
At 12:16 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 20, 2007.