_________*__________
Wednesday, February 21, 2007
FORTY-THIRD 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 Tuesday, February 20, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2771, Relating to investment of moneys by the West Virginia Investment Management
Board,
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. 2771) was referred to
the Committee on Finance.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 11, Requesting the Joint Committee on Government and Finance to study the effects
of underground injection of coal slurry on human health and the environment,
And,
H. C. R. 35, Requesting the Joint Committee on Pensions and Retirement study the effects
of the contested merger between the Teachers' Defined Contribution Retirement System and the
State Teachers Retirement System,
And reports the same back with the recommendation that they each be adopted.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2454, Authorizing counties and municipalities to enact ordinances regulating the
locations of limited video lottery machines,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2454) was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegates Perdue, Boggs, Mahan and Stalnaker offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 40 - "Requesting the Secretary of the Department of Health and Human Resources
to immediately establish a Children's Services Redesign Group charged with proposing a redesign
of the state's children's service system."
Whereas, The health, safety and well-being of children are of paramount importance to
families in our state and protecting the health, safety and well-being of our children is essential to
the well-being of our youngest citizens and the quality of life in our state; and
Whereas, Providing responsive, accountable and cost-effective services to West Virginia's
children and families in their home communities is important and the children's service system does
not have a cohesive structure, clear goals or communication between state agencies, courts, providers
and children; and
Whereas, The children's service system is struggling not only in West Virginia but across
the country due to an increase in children at risk of abuse and neglect paralleled with the system's
inability to respond to the increased need and it is desirable for the Department of Health and Human
Resources and private providers to identify and replicate best practices while providing greater
accountability for child and family outcomes; and
Whereas, the Department of Health and Human Resources is charged with protecting the
safety, well-being and health of children and both it, and the private providers it uses, must be held
accountable; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature requests the Secretary of the Department of Health and Human
Resources to immediately establish a Children's Services Redesign Group charged with proposing
a redesign of the state's children's service system; and, be it
Further Resolved, That the Legislature requests the Secretary of the Department of Health
and Human Resources to assure that membership in the Children's Services Redesign Group
represent all facets of the child serving community, including, but not limited to, former foster
children, families, Department of Health and Human Resources management and field staff,
administrative services organization, juvenile court judges, individuals working in the probation
system, mental health experts, representatives from the Legislature, representatives from the
Governor's Office, child advocates, representatives of all provider groups and representatives of the
court; and, be it
Further Resolved, That this multi-year strategy cross organizational boundaries to integrate
existing services and future services by working together in public/private partnership to propose a
system of care that at a minimum ensures an increased focus on community based prevention to
prevent child abuse and neglect; and, be it
Further Resolved, That the Children's Services Redesign Group develop a blueprint for
action considering the West Virginia Program Improvement Plan and develop a process and
measures toward implementing the plan; and, be it
Further Resolved, That the Secretary of the Department of Health and Human Resources
report to the Joint Committee on Government and Finance by the thirty-first day of December, two
thousand seven, and annually after that until two thousand ten, on the status of the Children's Services Redesign Group and the development of the blueprint for action; and, be it
Further Resolved, That the Secretary of the Department of Health and Human Resources
submit proposed legislation the Secretary finds is needed to implement the West Virginia Program
Improvement Plan and the blueprint for action to the Joint Committee on Government and Finance.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Martin, DeLong, Caputo, Hrutkay, Perdue, Fragale, Webster, Paxton,
Perry, M. Poling and Eldridge:
H. J. R. 26 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending sections 1, 2 and 17, article VII thereof, relating to making the Insurance Commissioner
an elected official; numbering and designating the proposed amendment; and providing a
summarized statement of the purpose of the proposed amendment"; which was referred to the
Committee on Constitutional Revision then the Judiciary.
Delegates Brown, Amores, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker,
Beach, Blair, Boggs, Border, Browning, Burdiss, Campbell, Canterbury, Caputo, Carmichael,
Cowles, Craig, Crosier, DeLong, Duke, Eldridge, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale,
Frederick, Guthrie, Hamilton, Hartman, Hatfield, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa,
Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller,
Moore, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, Porter,
Proudfoot, Reynolds, Rodighiero, Rowan, Schadler, Schoen, Shaver, Shook, Spencer, Staggers,
Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Wells,
Williams and Wysong offered the following resolution, which was read by the Clerk:
H. R. 26 - "Designating February 21, 2007, as 'Social Work Day'."
Whereas, Social workers have the right education and experience to strengthen and guide
individuals, families and communities through complex issues and choices; and
Whereas, Social workers bridge the gap for individuals, families, and communities to
available resources and services; and
Whereas, Social workers are dedicated to improving the society in which we live through
the shaping of numerous programs and policies; and
Whereas, Social workers are positive and compassionate individuals who make a significant
impact on the well-being of society; and
Whereas, Social workers stand up for others in overcoming adversities to insure everyone
has access to the same basic rights, protections, and opportunities; and
Whereas, Social workers help people help themselves in many settings, including private
practices, family counseling centers, courts, nursing homes, hospices, mental and behavioral health
clinics, child welfare agencies, hospitals, schools, universities, prisons, corporations, legislatures,
public and private agencies; and
Whereas, Social workers have been the driving force behind important social movements
in the United States and abroad, continuing today with the theme "Help Starts Here"; therefore, be
it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 21, 2007, as "Social Work Day" in
recognition of professional social workers and their commitment and dedication to individuals,
families, and communities everywhere though legislative advocacy, service delivery, research, and education; and, be it
Further Resolved, That the House of Delegates invites all members of the West Virginia
Legislature and all citizens of the great State of West Virginia to join it in recognizing and
celebrating the many dedicated professional social workers and students of social work within our
midst and across the state; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the West Virginia Chapter of the National Association of Social Workers.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 26) 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 Palumbo, Webster, Cann, Amores, Doyle, DeLong and White:
H. B. 3145 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5,
§11-13W-6, §11-13W-7, §11-13W-8, §11-13W-9, §11-13W-10, §11-13W-11, §11-13W-12, all
relating to activities of the film industry in West Virginia; creating a tax credit on direct production
and post production expenditures directly related to the production of film or commercial audiovisual
products; requiring approval of the West Virginia development office; and providing for a report of
the cost effectiveness of the credits"; to the Committee on Finance.
By Delegate Boggs:
H. B. 3146 - "A Bill to repeal §19-30-1, §19-30-2, §19-30-3, §19-30-4, §19-30-5, §19-30-6,
§19-30-7, §19-30-8, §19-30-9, §19-30-10, §19-30-11 and §19-30-12 of the code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new article, designated §15-5C-1,
§15-5C-2, §15-5C-3, §15-5C-4, §15-5C-5, §15-5C-6, §15-5C-7, §15-5C-8, §15-5C-9, §15-5C-10,
§15-5C-11, and §15-5C-12, all relating to transferring administration of the donated food program
from the Department of Agriculture to the Department of Military Affairs and Public Safety"; to the
Committee on Government Organization.
By Delegates Webster, Brown, Burdiss, Fleischauer, Guthrie, Hrutkay, Kessler, Long,
Moore, Pino and Tabb:
H. B. 3147 - "A Bill to amend and reenact §22-3-17(d)(2) and §22-3-30a(f) of the Code of
West Virginia, 1931, as amended, relating to allowing the Secretary of the Department of
Environmental Protection to use a certain portion of the civil penalties collected for watershed
improvement projects; and allowing certain penalties collected to be deposited in the special
reclamation fund"; to the Committee on Finance.
By Delegate Campbell:
H. B. 3148 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §46A-6L-1, §46A-6L-2, §46A-6L-3, §46A-6L-4, §46A-6L-5,
§46A-6L-6, §46A-6L-7, §46A-6L-8, §46A-6L-9, §46A-6L-10, §46A-6L-11, §46A-6L-12,
§46A-6L-13, §46A-6L-14, §46A-6L-15, §46A-6L-16, §46A-6L-17, §46A-6L-18, §46A-6L-19,
§46A-6L-20, §46A-6L-21 and §46A-6L-22, all relating to prohibiting the use of prerecorded or
synthesized voice messages; regulating automatic dialing and announcing devices; establishing a do-
not-call list; providing for private enforcement; regulation by the Attorney General; providing civil penalties; allowing prevailing party to receive costs, fees and attorney fees; and providing for the
disposition of fees, penalties and recoveries"; to the Committee on the Judiciary.
By Delegates Webster, Brown, Burdiss, Fleischauer, Guthrie, Kessler, Long, Pino and
Tabb:
H. B. 3149 - "A Bill to amend and reenact §22C-2-1 and §22C-2-5 of the Code of West
Virginia, 1931, as amended, all relating to the definitions of and security for loans made from the
Water Pollution Control Revolving Fund"; to the Committee on Finance.
By Delegates Manchin, Staggers, Marshall, Hatfield, Brown, Fleischauer and Hutchins:
H. B. 3150 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §22-1-3 of said code, all relating to requiring the Commissioner
of Public Health to conduct a Public Health Impact Statement assessing the health impact of any new
air or water rule, or modification of an existing air or water rule, proposed by the Director of the
Department of Environmental Protection; and requiring the Director of the Department of
Environmental Protection to incorporate findings of the impact statement into the proposed rule";
to the Committee on Health and Human Resources then the Judiciary.
By Delegates Argento, Talbott, Barker, Ellis, Hrutkay, Eldridge and Stemple:
H. B. 3151 - "A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as
amended, relating to providing certain county commissions with authority to regulate the location
of businesses selling sexually oriented materials"; to the Committee on Political Subdivisions then
the Judiciary.
By Delegates Perry, Pino and Stemple:
H. B. 3152 - "A Bill to repeal §7-8-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-20-30, all relating to amount,
collection of and refunding of jail processing fees"; to the Committee the Judiciary then Finance.
By Delegates Moye, Rodighiero and Kessler:
H. B. 3153 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2B-5, relating to requiring that any person seeking an abortion
provide two forms of identification, one of which must be a valid governmental form of
identification"; to the Committee Health and Human Resources then the Judiciary.
By Delegates Kessler, Burdiss, Moye, Reynolds, Shook, Martin and D. Poling:
H. B. 3154 - "A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931,
as amended, relating to increasing the rate of tax paid on the privilege of severing timber and
eliminating the exemptions allowing reductions from the tax; creating a means of collecting the tax;
and imposing criminal penalties"; to the Committee on Agriculture and Natural Resources then
Finance.
By Delegates Hamilton, Burdiss, Tabb, Stemple, Morgan and Brown:
H. B. 3155 - "A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931,
as amended, relating to increasing the rate of tax paid on the privilege of severing timber and
eliminating the exemptions allowing reductions from the tax; creating a means of collecting the tax;
and imposing criminal penalties"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Caputo (By Request), Manchin and Longstreth:
H. B. 3156 - "A Bill to amend and reenact §16-5-21 of the Code of West Virginia, 1931, as
amended, relating to providing for the issuance of a Certificate of Birth Resulting in Stillbirth by the
State Registrar to parents of a stillborn who request the record to be prepared"; to the Committee on Health and Human Resources then Finance.
By Delegates Schoen, Armstead, Lane, Overington, Shook, Webster, Caputo, DeLong
and Palumbo:
H. B. 3157 - "A Bill to amend and reenact §21-1B-1, §21-1B-2 and §21-1B-3 of the Code
of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §21-1B-3a; and to amend and reenact §21-1B-4 and §21-1B-5 of said code, all relating
to the legal employment status of West Virginia workers"; to the Committee on the Judiciary.
By Delegates Rodighiero, Ellis, Hrutkay, Barker and Eldridge:
H. B. 3158 - "A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931,
as amended, relating to providing that by July 1, 2007, Regional Jail and Correctional Facility
Authority employees be transferred into the civil service system as covered employees and that such
employees receive a five percent across the board salary increase"; to the Committee on Government
Organization then Finance.
By Delegates Stemple, Argento, Martin, Kominar and Varner:
H. B. 3159 - "A Bill to amend and reenact §3-1-17 of the Code of West Virginia, 1931, as
amended, relating to election of Supreme Court of Appeals justices, circuit judges, county and
district officers and magistrates"; to the Committee on the Judiciary.
By Delegate Walters:
H. B. 3160 - "A Bill to amend and reenact §27-5-2 of the Code of West Virginia, 1931, as
amended, relating to involuntary hospitalization; allowing certain physician assistants to conduct
involuntary custody examinations to determine if a person may be involuntarily hospitalized for
mental illness or addiction"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Stemple, Varner and Kominar:
H. B. 3161 - "A Bill to amend and reenact §61-3-45 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §61-3-59, all relating
to the theft of oil, natural gas, water, telecommunications, electric and solid waste service; and
providing penalties"; to the Committee on the Judiciary.
By Delegates Schoen, Armstead, Sobonya, Sumner, Overington, J. Miller, DeLong,
Palumbo and Cowles:
H. B. 3162 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §1-6-1, relating to the verification of lawful presence within the
United States of any person applying for state, local, or federal public benefits"; to the Committee
on the Judiciary then Finance.
By Delegates Webster, Blair, Doyle, Overington, Hrutkay, Longstreth and Ashley:
H. B. 3163 - "A Bill to amend and reenact § 29-6-7 of the Code of West Virginia, 1931, as
amended; to amend said code by amending §29-6-7 to expand the power and duties of the director
of personnel to allow monetary incentives in programs developed to improve the efficiency and
effectiveness of the public service"; which was referred to the Committee on Government
Organization then Finance.
House Calendar
Third Reading
Com. Sub. for H. B. 2048, Clarifying public library board service areas as determined by
the Library Commission; 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. 93), and there were--yeas 96, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Talbott.
Absent and Not Voting: Shook and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2048) 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. 2544, Increasing the penalty for driving under the influence causing
death; 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. 94),
and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: Shook and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2544) 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, on motion of Delegate DeLong, laid over one day.
Com. Sub. for H. B. 2804, Eliminating time schedules for utility relocation on highway
projects; on third reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H.
B. 2804 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 95),
and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: Shook and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2804) 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. 2866, Requiring public notice of state plan amendments prior to submission and
increasing the membership of the Medicaid Advisory Board; 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. 96),
and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: Shook and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2866) passed.
An amendment to the title of the bill, recommended by the Committee on Health and Human
Resources, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2866 - "A Bill to amend and reenact §9-2-9 and §9-4-3 of the Code of West Virginia,
1931, as amended, all relating to requiring public notice of state plan amendments, demonstration
projects or reimbursement schedule changes prior to submission for federal approval; requiring
public hearings in each congressional district for state plan amendments and demonstration projects
prior to submission for federal approval; and increasing the membership of the Medicaid Advisory
Board."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2933, Exempting for nursing licensing provisions the care of the sick when done in
connection with the practice of religious tenets; 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. 97),
and there were--yeas 95, nays 2, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Ireland and Romine.
Absent and Not Voting: Shook and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2933) 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. 3057, Relating to programs for all-inclusive care of the elderly, known as "PACE"; 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. 98),
and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: Shook and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3057) passed.
An amendment to the title of the bill, recommended by the Committee on Health and Human
Resources, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 3057 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2K-1 and §16-2K-2, all relating to programs for all-inclusive
care of the elderly, known as 'PACE'; setting forth legislative intent; defining terms; and exempting
'PACE'
programs from regulation by the Insurance Commissioner."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 3117, Clarifying that contractors must have a state contractors license in order to
submit a bid with the State of West Virginia; on 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. 99),
and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: Shook and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3117) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 100), and there were--yeas 97, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Shook and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3117) 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.
Second Reading
Com. Sub. for S. B. 148, Providing breast feeding not considered public indecency; on
second reading, coming up in regular order, was read a second time and ordered to third reading.
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 2568, Extending the sunset provision regarding racial profiling analysis,
Com. Sub. for H. B. 2748, Relating to the receipt and transfer of scrap metal,
Com. Sub. for H. B. 2764, Establishing criminal history checks for applicants for insurance
producer licenses,
Com. Sub. for H. B. 2776, Relating to the West Virginia Residential Mortgage Lender,
Broker and Servicer Act,
Com. Sub. for H. B. 2932, Protecting incapacitated persons and the elderly,
And,
H. B. 3018, Limiting the duplication of publication costs in the administration of certain
estates.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. J. R. 14, "The Active Duty Armed Services Motor Vehicle Property Tax Amendment",
S. B. 591, Supplementing, amending, reducing and increasing appropriation to Division of
Highways,
Com. Sub. for H. B. 2059, Providing salary increase for conservation officers
Com. Sub. for H. B. 2181, Requiring that annual reports be recorded on CD-Rom for
distribution,
Com. Sub. for H. B. 2189, Relating to substitute service personnel seniority
Com. Sub. for H. B. 2348, Prohibiting the seizure of lawfully carried firearms during a
proclaimed state of emergency,
H. B. 2481, Allowing a registrant to transfer the registration of a Class C vehicle to another
Class C type vehicle titled in the name of the registrant,
H. B. 2503, Authorizing the Division of Motor Vehicles to issue an identification card to
West Virginia residents who already possess a valid driver's license,
Com. Sub. for H. B. 2525, Extending the termination of the West Virginia statewide
addressing and mapping board,
Com. Sub. for H. B. 2583, Relating to the expansion of newborn testing,
Com. Sub. for H. B. 2588, Reimbursing tuition and fees for courses for the renewal of
teaching certificates,
Com. Sub. for H. B. 2601, Authorizing the Department of Environmental Protection to
promulgate legislative rules,
H. B. 2703, Authorizing certain students receiving instruction in fly fishing to fly fish while under the supervision of an instructor without obtaining a license,
Com. Sub. for H. B. 2763, Relating to persons performing financial examinations of
insurers,
Com. Sub. for H. B. 2777, Relating to compensation of public school teachers and school
personnel,
H. B. 2831, Relating to transfer of development rights; eliminating the five year ordinance
waiting period,
Com. Sub. for H. B. 2842, Relating to sale and serving of beverages in schools,
Com. Sub. for H. B. 2939, Relating to alternative education programs for certified teachers
to obtain additional endorsement,
H. B. 3025, Removing the ten year limitation on executing liens for child support,
H. B. 3066, Relating to pedestrian's right-of-way in crosswalks,
And,
Com. Sub. for H. B. 3097, Relating to government employees deferred compensation plan.
Miscellaneous Business
Delegate Stephens announced that he was absent on Monday, February 19, 2007, when the
votes were taken on Roll Nos. 87, 88 and 89, and that had he been present, he would have voted
"Yea" thereon.
At 11:56 a.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:00
p.m., and reconvened at that time.
* * * * * * * * * * * *
Evening Session
* * * * * * * * * * * *
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman Moore, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 3073, Relating to prohibiting financial institutions from establishing or maintaining
a branch in West Virginia on, or within one and one-half miles of, the premises or property of an
affiliate, under certain circumstances,
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 Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 3073) to the Committee on Finance
was abrogated.
Chairman Talbott, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2960, Allowing Class RG and RRG deer stamps to be used to hunt and take antlerless
deer,
And reports the same back with the recommendation that it do pass.
In the absence of objection, the Speaker referred the bill (H. B. 2960) to the Committee on
the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
S. B. 431, Regulating agricultural liming materials,
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 (S. B. 431) was referred to
the Committee on the Judiciary.
Chairman Swartzmiller, from the Committee on Veterans Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
S. B. 192, Authorizing Commissioner of Division of Corrections to issue warrants for certain
inmates,
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 (S. B. 192) was referred to
the Committee on the Judiciary.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following
report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2707, Providing for a pension for volunteer firemen,
S. B. 134, Requiring employers provide contribution information to State Teachers
Retirement System,
And,
S. B. 180, Offering tax-free distributions from certain retirement plans to pay certain
premiums for public safety officers,
And reports the same back with amendment, with the recommendation that they each do pass,
as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2707, S. B. 134 and
S. B. 180) were each referred to the Committee on Finance.
Chairman Tucker, from the Committee on Industry and Labor and Economic Development
and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor and Economic Development and Small Business has
had under consideration:
S. B. 68, Improving coal mine health and safety,
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 (S. B. 68) was referred to the
Committee on the Judiciary.
Chairman Iaquinta, from the Committee on Veterans Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 2967, Creating the "West Virginia Remembers Program",
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Education.
In accordance with the former direction of the Speaker, the bill (H. B. 2967) was referred to
the Committee on Education.
On motion for leave, a resolution was introduced (Originating in the Committee on Roads
and Transportation and reported with the recommendation that it be adopted), which was read by its
title, as follows:
By Delegates Hrutkay, Stephens, Argento, Wysong, Burdiss, Crosier, Pethtel, Wells,
Stalnaker, Martin, Klempa, Tansill, Duke, Porter, Schadler, Evans and Ellem:
H. C. R. 45 - "Requesting the Committee on Government and Finance to conduct a study
on the adequacy and the abuse of laws regulating the availability of motor vehicle parking facilities
for persons with mobility impairments and solutions to ensure the availability of adequate motor
vehicle parking facilities for persons with mobility impairments."
W
HEREAS
, Current state law provides for the designation and reservation of certain motor
vehicle parking spaces for individuals with mobility impairments; and
W
HEREAS
, West Virginia law further provides for issuance of special license plates, parking
decals, parking permits and placards to identify vehicles permitted to park in those spaces; and
W
HEREAS
, Current law designed to provide accessible parking for persons with mobility
impairments is not adequate to prevent abuse by drivers whose permits have expired or drivers
without mobility impairments who are misusing other individuals permits, thus resulting in reduced
parking available for persons with mobility impairments; and
W
HEREAS
, Further measures are necessary to establish fair, clear and uniform standards for
the issuance of these special license plates, decals, placards and permits designed to prevent abuse
and misuse by persons without mobility impairments; and
W
HEREAS
, Although proposed legislation and increased enforcement efforts have helped to
initiate important reforms and to focus attention on the problem of abuse of parking facilities for
persons with mobility impairments, drivers continue to abuse and ignore the current law; and
W
HEREAS
, Further study and reform is therefore needed to curb continued abuse and to
ensure adequate parking spaces for persons with mobility impairments; and
W
HEREAS
, Input from representatives of local governments, advocates for the disabled, the
Division of Motor Vehicles and other concerned parties are desirable to formulate and provide
solutions to this ongoing and increasing problem and to enhance the enforcement of current West
Virginia law as it relates to disabled parking; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
adequacy and the abuse of laws regulating the availability of motor vehicle parking facilities for
persons with mobility impairments and solutions to ensure the availability of adequate motor vehicle
parking facilities for persons with mobility impairments; 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.
The Speaker referred the resolution (H. C. R. 45) to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Roads
and Transportation and reported with the recommendation that it be adopted), which was read by its
title, as follows:
By Delegates Hrutkay, Burdiss, Crosier, Pethtel, Wells, Martin, Klempa, Tansill,
Schadler, Evans and Ellem:
H. C. R. 46 - "Requesting the Committee on Government and Finance to conduct a study
on making the offense of operating a passenger vehicle in which the operator and passengers are not
wearing a safety belt a primary offense."
W
HEREAS
, Current law makes the operation of a passenger vehicle in which the operator and
passengers are not wearing a safety belt a secondary offense; and
W
HEREAS
, It is the desire of the Legislature to promote and facilitate practical safety
measures to protect operators and passengers in passenger vehicles driven on the streets and highways of this state and to reduce the incidence of fatalities and serious injury to motorists and
their passengers; and
W
HEREAS
, Efforts nationally to encourage increase safety belt use have been ongoing for
over twenty five years, with a remarkable success rate; and
W
HEREAS
, In 1984, only fourteen percent of Americans buckled up, and by 2005, the rate
of safety belt usage nationwide increased to eighty-two percent; and
W
HEREAS
, As of 2006, twenty-five states have adopted legislation making the failure to wear
a safety belt a primary offense; and
W
HEREAS
, Studies indicate that the rate of unrestrained passenger vehicle occupant fatalities
in states with primary safety belt enforcement laws is significantly lower than states with secondary
enforcement laws; and
W
HEREAS
, Increasing safety belt usage could potentially create economic benefits, including,
but not limited to, increased work productivity as well as reductions in property damage, medical
costs, rehabilitation costs, emergency services costs, insurance administration costs, legal and court
costs, funeral expenses, traffic delays and potential costs to employers; and
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study making
the offense of operating a passenger vehicle in which the operator and passengers are not wearing
a safety belt a primary offense as well as the feasibility and potential benefits thereof; 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.
The Speaker referred the resolution (H. C. R. 46) to the Committee on Rules.
Chairman Kominar, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 3118, Relating to investigations of violations of insurance laws,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 3118) was referred to
the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 3111, Relating to treatment for drug and alcohol addiction,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 3111) was referred to
the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 76 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §49-5-13c, relating to penalties for minors adjudicated delinquent for alcohol consumption"; 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. 152 - "A Bill to repeal §29-21-10, §29-21-11 and §29-21-12 of the Code
of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated
§29-21-3b; and to amend and reenact §29-21-6, §29-21-8, §29-21-9, §29-21-13 and §29-21-13a of
said code, all relating to Public Defender Services generally; defining certain terms; creating the
Indigent Defense Commission; specifying members and their terms; specifying certain powers and
duties of the Indigent Defense Commission; requiring public defender corporations to submit
monthly financial statements and reports; providing requirements for the creation, activation and
merger of public defender corporations; providing for the order of appointment of panel attorneys;
establishing requirements for funding applications; requiring corporations to submit proposed
budgets; authorizing amended funding contracts; providing for payment of fees to panel attorneys;
and authorizing executive director to establish guidelines for submission of claims and vouchers";
which was referred to the Committee on Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 219 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §16-9A-10, relating to prohibiting smoking of tobacco
products in a motor vehicle while an individual fourteen years of age or less is present; setting forth
legislative findings; definitions; violation of section a secondary offense; providing penalties; and
local ordinances or regulations"; 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. 276 - "A Bill to amend and reenact article 6, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by
the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the Department of Military Affairs and Public Safety; authorizing certain
of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State
Register; authorizing certain of the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain legislative rules as amended by the
Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-Making Review Committee
and as amended by the Legislature; authorizing the Division of Corrections to promulgate a
legislative rule relating to parole supervision; authorizing the State Fire Commission to promulgate
a legislative rule relating to the State Building Code; authorizing State Fire Commission to
promulgate legislative rule relating to certification and evaluation of local fire departments;
authorizing Division of Homeland Security and Emergency Management to promulgate legislative
rule relating to mine and industrial accident rapid response system; authorizing Regional Jail and
Correctional Facility Authority to promulgate legislative rule relating to criteria and procedures for
determination of projected cost per day for inmates incarcerated in regional jails and operated by
authority; and authorizing the State Police to promulgate a legislative rule relating to the West
Virginia DNA Data Bank"; 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. 505 - "A Bill to amend and reenact §15-2-25a, §15-2-25b, §15-2-26, §15-2-27, §15-2-
27a, §15-2-28, §15-2-29, §15-2-30, §15-2-31, §15-2-31a, §15-2-31b, §15-2-32, §15-2-33, §15-2-34,
§15-2-35, §15-2-37, §15-2-38, §15-2-39 and §15-2-44 of the Code of West Virginia, 1931, as
amended, all relating to the West Virginia State Police Death, Disability and Retirement Fund;
meaning of terms; definitions; continuation of Death, Disability and Retirement Fund; designating
the Consolidated Public Retirement Board as administrator of fund; retirement; awards and benefits;
leased employees; retirement annual annuity adjustments; credit toward retirement for member's
prior military service; credit toward retirement when employee has joined armed forces in time of
armed conflict; qualified military service; awards and benefits for disability incurred in performance
of duty; awards and benefits for disability due to other causes; disability physical examinations;
termination; application for disability benefit; determinations; annual report on disability retirement
experience; retirant not to exercise police authority; retention of group insurance; awards and
benefits to dependents of member when the member dies in performance of duty; dependents of a
duty disability retirant; dependent child scholarship and amount; awards and benefits to dependents
of employee when the employee dies from nonservice-connected causes; awards and benefits to
dependents of retirant or after employee serves twenty years; refunds to certain employees upon
discharge or resignation; deferred retirement; refunds to dependents upon death of member not
eligible for benefits; dependent child or children; and federal law maximum benefit limitations"; to
the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 603 - "A Bill to amend and reenact §18-2E-7 of the Code of West
Virginia, 1931, as amended, relating to establishing a 21st Century Tools for 21st Century Schools
Technology Initiative to replace and enhance current technology programs; findings; requiring a
West Virginia 21st Century Strategic Technology Learning Plan and setting forth specific areas it
should address; requiring that the provision of technologies and services to students and teachers be
based on a plan aligned with the goals of the West Virginia 21st Century Strategic Technology
Learning Plan; allocation of technology funds; purchasing; and use of technology and technology
infrastructure"; which was referred to the Committee on Education.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates
returned to the Eighth Order of Business for the purpose of introducing a bill.
Bills Introduced
On motion for leave, the following bill was introduced, read by its title, and referred as
follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 3164 - "A Bill to repeal §5-16-7b of the Code of West Virginia, 1931, as amended;
to repeal §5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6, §5-16C-7, §5-16C-8,
§5-16C-9, and §5-16C-10 of said code; to repeal §5A-3-1a of said code; to repeal §5A-3C-1,
§5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9,
§5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and
§5A-3C-17 of said code; and to amend said code by adding thereto a new article, designated
§16-43-1, §16-43-2, §16-43-3, §16-43-4, §16-43-5, §16-43-6, §16-43-7, §16-43-8, §16-43-9, §16-
43-10, §16-43-11, §16-43-12, §16-43-13, §16-43-14, §16-43-15, §16-43-16, and §16-43-17, all relating generally to pharmaceutical availability and affordability; legislative findings; defining
certain terms; creating the position of the Pharmaceutical Advocate; continuing the West Virginia
Pharmaceutical Cost Management Council; establishing powers and duties; exempting the
Pharmaceutical Advocate from state purchasing requirements; authorizing the Pharmaceutical
Advocate to take advantage of acts of Congress, accept gifts, grants and matching funds; continuing
interim agency management ability; requiring manufacturers and labelers to report certain marketing,
advertising, and promotional costs to the Pharmaceutical Advocate; requiring participation by all
state agencies who are payors for prescription drugs; providing authority for the secretary of each
department to cooperate with the Pharmaceutical Advocate in the purchase of prescription drugs;
authorizing the Pharmaceutical Advocate to establish programs permitting participation in a
preferred drug list by private individuals, commercial insurance carriers and self-insured companies;
and providing for rule-making authority"; to the Committee on Finance.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Shook and Walters.
Miscellaneous Business
Delegate Martin asked and obtained unanimous consent that the remarks of Delegates Ennis
and Spencer, regarding schools for the deaf and the blind and funding for disabled children, be
printed in the Appendix to the Journal.
At 5:55 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 22,
2007.