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Thursday, February 22, 2007

FORTY-FOURTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, February 22, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
Committee Reports

Chairman 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:
H. B. 2346, Prohibiting certain employers from meeting and communicating with employees regarding the employer's political, religious, or labor organizing activities,
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.2346) was referred to the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2870, Relating to requiring a nonprevailing party to pay, in lieu of an attorney's fee, an amount equivalent to it, into the Domestic Violence Legal Services Fund,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2870 - "A Bill to amend and reenact §48-26-603 of the Code of West Virginia, 1931, as amended, relating to authorizing the court to order payment into the Domestic Violence Legal Services Fund under certain circumstances,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2589, 2590, 2591, 2661, 2662, 2663, 2677, 2690 and 2691, Authorizing the Department of Revenue to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2590 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the Department of Revenue and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Alcoholic Beverage Control Commission to promulgate a legislative rule relating to private club licensing; authorizing the Alcoholic Beverage Control Commission to promulgate a legislative rule relating to licensing of retail liquor stores; authorizing the Alcoholic Beverage Control Commission to promulgate a legislative rule relating to nonintoxicating beer licensing and operations procedures; authorizing the Insurance Commissioner to promulgate a legislative rule relating to rate filing requirements for title insurance companies; authorizing the Insurance Commissioner to promulgate a legislative rule relating to individual limited health benefit plans; authorizing the Insurance Commissioner to promulgate a legislative rule relating to group limited health benefit plans; authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing; authorizing the Tax Commissioner to promulgate a legislative rule relating to abusive tax shelters; and authorizing the Tax Commissioner to promulgate a legislative rule relating to consumers sales and service tax and use tax - reduced sales tax on food,"
H. B. 2593, 2594, 2611, 2616, 2617, 2618, 2619, 2626, 2627, 2628, 2675, 2676 and 2683, Authorizing the Department of Administration to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2616 - "A Bill to amend and reenact §64-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact article 2, chapter 64 of said code, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; the promulgation of administrative rules by the Department of Administration and the procedures relating thereto legislative mandate or authorization; the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; and disapproving certain rules; authorizing the Department of Administration to promulgate a legislative rule relating to purchasing; authorizing the Department of Administration to promulgate a legislative rule relating to cannibalization of state property; authorizing the Department of Administration to promulgate a legislative rule relating to waste disposal of state property; authorizing the Department of Administration to promulgate a legislative rule relating to the administration of state funds and grants; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the deputy sheriff retirement system; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the teachers' defined contribution system; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to teachers' retirement system; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the public employees retirement system; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinvestment and loan interest factors; authorizing the Division of Personnel to promulgate a legislative rule relating to the administrative rule of the Division of Personnel; authorizing the Division of Personnel to promulgate a legislative rule relating to workers' compensation TTD rule; authorizing the Division of Personnel to promulgate a legislative rule relating to interdepartmental transfer rule; and authorizing the Board of Risk and Insurance Management to promulgate a legislative rule relating to mine subsidence insurance,"
And,
H. B. 2608, 2609, 2643, 2645, 2669, 2670, 2672, 2673 and 2674, Authorizing the Department of Commerce to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2670 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Commerce and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Office of Miners Health, Safety and Training to promulgate a legislative rule relating to protective clothing and equipment; authorizing the Office of Miners Health, Safety and Training to promulgate a legislative rule relating to standards for certification of coal mine electricians; authorizing the Bureau of Employment Programs to promulgate a legislative rule relating to rules that prohibit agencies from granting, issuing or renewing approval documents with employing units in default with the Bureau of Employment Programs; authorizing the Division of Forestry to promulgate a legislative rule relating to ginseng; authorizing the Division of Natural Resources to promulgate a legislative rule relating to commercial whitewater outfitters; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating rules; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to wildlife disease management; and authorizing the Division of Natural Resources to promulgate a legislative rule relating (public use of campgrounds and recreation areas in West Virginia state wildlife management areas under the Division of Natural Resources,"
With the recommendation that the committee substitutes each do pass.
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. 2944, Enhancing the end-of-life care given to residents of nursing homes,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2944) to the Committee on the Judiciary was abrogated.
Messages from the Executive

The Clerk read the following communication from the Speaker, appointing members of the Select Committee on Mine Safety Issues, which was filed in the Clerk's Office:
West Virginia House of Delegates

OFFICE OF THE SPEAKER

Charleston 25305

February 20, 2007

The Honorable Gregory M. Gray
Clerk of the House
West Virginia House of Delegates
212 State Capitol
Dear Mr. Clerk:
I hereby appoint the following to the Select Mine Safety Committee:
Majority Whip Mike Caputo, Chair
Delegate Charlene Marshall, Vice Chair
Delegate Troy Andes
Delegate Mike Burdiss
Delegate Eustace Frederick
Delegate Bill Hamilton
Delegate Lidella Hrutkay
Delegate Tal Hutchins
Delegate Steve Kominar
Delegate Virginia Mahan
Delegate Clif Moore
Delegate Mary Poling
Delegate Mike Porter
Delegate Ken Tucker
Sincerely,
Richard Thompson,
Speaker of the House.
Resolutions Introduced

Delegate Burdiss offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 2 -- "Designating Megalonyx Jeffersonnii as the official state fossil."
Whereas, No fossil has been designated as the official state fossil for the State of West Virginia; and
Whereas, Interest in fossils and paleontology has become increasingly widespread throughout the citizenry of this state, there currently being fossil, rock and gem clubs already organized in the counties of Cabell, Harrison, Kanawha and Wood; and
Whereas, In 1797, President Thomas Jefferson obtained and described fossil bones from a limestone cave in what is now Monroe County; and
Whereas, These bones were again described by Casper Wistar in 1799 as the bones of a giant extinct ground sloth; and
Whereas, Wistar named the bones as a new species, Megalonyx Jeffersonnii, in honor of President Jefferson; and
Whereas, The bones are from the Ice Age or Pleistocene Epoch which lasted from 10,000 to 1.8 million years ago; and
Whereas, The designation of a state fossil would aid in the promotion of interest in geology, paleontology and history; and
Whereas, The bones afford an opportunity for special studies in American, State, and natural history for the students of the State; and
Whereas, Thirty-nine of the fifty states have an official state fossil; therefore, be it
Resolved by the Legislature of West Virginia:
That the fossil Megalonyx Jeffersonnii be declared and hereby designated as the official fossil of the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward official copies of this resolution to the citizens and schools in the state.
Delegate Talbott offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 41 - "Requesting the Division of Highways to name the bridge on Route 20 in the Town of Webster Springs the 'Kenny Ray Hamrick Memorial Bridge'."
Whereas, Kenny Ray Hamrick was a life-long resident of Webster Springs who operated several successful businesses there, including Hamrick's Texaco and Restaurant. Mr. Hamrick also served as a city councilman in Webster Springs as well; and
Whereas, Kenny Ray Hamrick served his country faithfully and courageously in World War II - earning two purple hearts and two bronze stars for uncommon and exceptional acts of valor; and
Whereas, Kenny Ray Hamrick was a good, generous and charitable citizen of Webster Springs, frequently offering people who were down on their luck free meals at his restaurant while extending them credit for gasoline at his filling station; and
Whereas, In accordance with the foregoing, the members of this Legislature hereby find that a fitting and appropriate gesture is to bestow a lasting memorial and tribute to honor this brave, compassionate and patriotic native son, who went well above and beyond the call of duty to serve his country - as well as his fellow citizens of Webster Springs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge on Route 20 in the Town of Webster Springs as "The Kenny Ray Hamrick Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated - signs to read in prominent lettering "The Kenny Ray Hamrick Memorial Bridge" which signs shall be erected at each entrance of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Mr. Hamrick's surviving son, Kevin R. Hamrick who resides in Webster Springs and to the Commissioner of the Division of Highways.
Delegates Mahan, Talbott, Brown, Ennis, Long, Marshall, Perdue, Spencer, Williams, Ashley, Romine and Schadler offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 42 - "Requesting the Joint Committee on Government and Finance reconstitute Select Committee A on Children, Juveniles and Other Matters during the Interim period of the Seventy-Eighth Legislature."
Whereas, Select Committee A was appointed following the conclusion of the two thousand five Regular Session of the Seventy-seventh Legislature of West Virginia in response to a growing need for immediate oversight of child welfare matters; and
Whereas, In its two year history Select Committee A has begun the process of a comprehensive review of the child welfare service delivery within the Bureau for Children and Families; and
Whereas, During the course of its work Select Committee A has been assigned to study the topics related to recruitment and retention of Child Protective Service workers, a study of child advocacy center criteria, parking accessibility issues, volunteer firefighters and other important issues related to the protection of children and juveniles; and
Whereas, The efforts of Select Committee A have improved the delivery of services of child welfare services; and
Whereas, Select Committee A had a strong interest in continuing to address, among other matters, strengthening investigation options in child abuse and neglect matters, increasing penalties for individuals convicted of child abuse and neglect and addressing the problem of drug and alcohol abuse by parents relative to child abuse and neglect; and
Whereas, The provisions of legislation passed during a Special Session of the Legislature called by Governor Joe Manchin in two thousand six where proposals originally suggested for passage by the Legislature by Select Committee A, these include the implementation of a Child Abuse Registry and the Development of a Special Victim's Unit within the State Police; and
Whereas, The work of Select Committee A should be continued to provide continued protection to children and families during the the next Interim period; therefore, be it
Resolved by the Legislature of West Virginia:
That Select Committee A be reconstituted during the Interim period of the Seventy-Eighth Legislature to continue its vital work on issues pertinent to child abuse and neglect; and, be it
Further Resolved, That Select Committee A report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, including drafts of any 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 the legislative appropriations to the Joint Committee on Government and Finance.
Delegates Stemple, Browning, Craig, Spencer, Stephens, Duke and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 43 - "Requesting the Joint Committee on Government and Finance study the risks, benefits and costs of increasing the public employee retirement benefit annuity factor from two percent to two and one quarter percent."
Whereas, The federal government attempts to maintain the rate of inflation, the increased cost-of-living at around three percent per year, however, retired public employees in this state have pensions that are not adjusted for inflation; and
Whereas, A state retiree can look forward on the average to a longer life than his or her parents, however, the retiree is also facing the possibility of inflation rates from three to twelve percent per year without relief will become a member of a new class of citizens living well below the poverty level; and
Whereas, The financial costs associated with public employee pension plans have increasingly become a burden on the state and its political subdivisions. A comprehensive study of recent trends in the private sector, the federal government and other states is needed to determine an appropriate course of action to ensure that meaningful pension benefits are provided to public employees in the future, while ensuring that those pension plans are also financially sustainable by state and local governments; and
Whereas, The annuity factor used to calculate retirement benefits has remained constant since 1970 and except for supplemental benefits provided certain retirees, inflation has eaten away the retirement income of elderly retirees; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the risks, benefits and costs of increasing the public employee retirement benefit annuity factor from two percent to two and one quarter percent; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Sobonya, Reynolds, Morgan and C. Miller offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 44 - "Requesting the Division of Highways to name the cable barriers located between mile marker six and mile marker fifteen, on I-64, the 'Brian Keith Paul Cable Barriers'."
Whereas, Brian Keith Paul, born May 18, 1963 to Homer and Ina Paul of Barboursville, West Virginia, brother to Theresa Paul Vithalani, father to Megan, Lenza and Bryce Paul, and husband to Cathy Paul, passed away November 25, 2006, after a courageous battle with colon cancer; and
Whereas, Brian Keith Paul was a model citizen and a good father, active in the lives of his children, often volunteering to coach their various sports teams and determined to teach young people the value of dedication on and off the field. Indeed, Brian's motto was "Never Say Can't"; a motto, by which he lived, and a virtue that guided him in his pursuit to make I-64 safe for all travelers; and
Whereas, Brian Keith Paul was a third generation mechanic and vice president of Paul's Garage. As part of his occupation, he remediated, often fatal, car wrecks and preserved those person' belongings for collection by loved ones. His experience cleaning up car accident sites allowed him to witness the devastating effects car crashes have on people in our community; and
Whereas, Brian, in light of his unique perspective regarding vehicular accidents, formed the opinion that too many serious crossover collisions were occurring on said portion of I-64, particularly for lack of a median barrier; and
Whereas, Brian, in his efforts to better his community, doggedly pursued the Division of Highways, lobbying them to construct a barrier in the median between the eastbound and westbound lanes of said stretch of I-64; and
Whereas, His pursuit took hours of research and countless phone calls, often resulting in dead ends; and
Whereas, Brian persevere through this difficulty by staying true to his motto "Never Say Can't" and was successful in convincing local and state government officials to construct a median barrier which now spans from mile marker six to mile marker twenty-seven on I-64 and where this barrier has saved many lives. As such, the Legislature hereby acknowledges that Brian Keith Paul was instrumental in initiating the construction of said cable barrier project and finds that it is right and just to perpetuate and honor his memory by formally naming that stretch of cable barriers, the "Brian Keith Paul Cable Barriers"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the cable barriers located between mile marker six and mile marker fifteen, on I-64, the "Brian Keith Paul Cable Barriers"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the family members of the late Brian Keith Paul.
Delegate Ellis offered the following resolution which was read by its title and referred to the Committee on Constitutional Revision then the Judiciary:
H. J. R. 27 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof, relating to changing the term of office from two years to four years for members of the House of Delegates; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment."
Delegates Barker, Eldridge, Ellis, Hrutkay and Rodighiero offered the following resolution, which was read by the Clerk:
H. R. 27 - "Commemorating the life of Dennie Lee Hill, former member of the House of Delegates from Boone County."
Whereas, Dennie Lee Hill was born on October 8, 1925, in Seth in Boone County, West Virginia to the late Dennie Edison and Gertrude Hill; and
Whereas, Mr. Hill served his country during World War II in the United States Navy where he served honorably and from which he was honorably discharged; and
Whereas, Mr. Hill was a prominent business leader who founded the Ferrell & Hill Insurance Agency - while, additionally, working as a real estate developer throughout the State of West Virginia; and
Whereas, Mr. Hill served honorably and with distinction in this hallowed chamber for twelve years from 1957 to 1970; and
Whereas, Mr. Hill was a fervent subscriber to the Christian Faith and his life works exemplify the Christian ideals to which he adhered; therefore, be it
Resolved by the House of Delegates:
That while regret is hereby expressed at the passing of Dennie Lee Hill, a simultaneous expression of celebration also follows for this man's exemplary life in which he conducted himself with endearing virtue and honor while rendering service to country and community alike - serving variously as soldier, entrepreneur, statesman and bedrock Christian; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the close surviving family members of Mr. Hill including his loving wife, Judith Hill, his two sons David Hill and R. Edison Hill, his sister Helen Ferrell of Madison, West Virginia and his stepsister Terressa Brock of Pensacola, Florida, all in care of the Law Office of R. Edison Hill in Charleston, West Virginia.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 27) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 101), and there were--yeas 90, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Ennis, Hutchins, Klempa, Marshall, Moore, Spencer, Tucker and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 27) adopted.
Delegates Amores, Ashley, Beach, Boggs, DeLong, Long, Michael, Morgan, Perdue, Stemple and Varner offered the following resolution, which was read by the Clerk:
H. R. 28 - "Designating Thursday, February 22, 2007, as 'Hospital Day'."
Whereas, Hospitals play a critical role in improving the health of our citizens; and
Whereas, Hospitals contribute more than $5 billion annually to the state's economy; and
Whereas, Last year, West Virginia hospitals treated six million people in their outpatient departments, provided emergency care to over one million patients, delivered 21,000 babies, performed nearly 250,000 surgeries and cared for more than 300,000 people as inpatients; and
Whereas, Hospitals are an important part of our educational system, with instructional programs that provide for a wide range of services and technical and professional positions; and
Whereas, West Virginia hospitals employ over 39,000 people and, directly or indirectly, support one out of every nine jobs in the state; therefore, be it Resolved by the House of Delegates: That the House of Delegates hereby designates Thursday, February 22, 2007, as "Hospital Day"; and, be it Further Resolved, That the House of Delegates expresses its appreciation to hospitals and health care workers across the state for the work they do and the services they provide to care for the health of our citizens; and, be it Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a copy of this resolution to the appropriate officials at the West Virginia Hospital Association.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 28) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Petitions

Delegates Hamilton and M. Poling presented a petition on behalf of their constituents, requesting that tax funding for abortions be limited; which was referred to the Committee on the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Cann, Stalnaker, White, Kominar, Reynolds, Webster, Palumbo, Craig, Anderson, Evans and Doyle:

H. B. 3165 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, all relating to personal income tax; and enacting the College Graduate Tax Credit"; to the Committee on Finance.
By Delegate Fragale:
H. B. 3166 - "A Bill to amend and reenact §17A-3-4 of the Code of West Virginia, 1931, as amended, relating to exempting community action agencies from the certificate of title tax for vehicles used for their Head Start program"; to the Committee on Finance.
By Delegate Fragale:
H. B. 3167 - "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931, as amended, relating to allowing teachers employed by a statewide service personnel association to count this service towards retirement credit"; to the Committee on Finance.
By Delegates Morgan, Blair, Fragale, Yost, Martin and D. Poling:
H. B. 3168 - "
A Bill to amend and reenact §8A-7-3 of the Code of West Virginia, 1931, as amended, relating to establishing a minimum density requirement for residential zoning purposes"; to the Committee on the Judiciary.
By Delegate Stalnaker:
H. B. 3169
- "A Bill to amend and reenact §15-2-40 of the Code of West Virginia, 1931, as amended, relating to adding a chief, who is a member of the West Virginia Chief of Police Association to the Commission on Drunk Driving"; to the Committee on Government Organization.
By Delegate Stalnaker:
H. B. 3170
- "A Bill to amend and reenact §8-14-3 of the Code of West Virginia, 1931, as amended, relating to noncivil service employment protection for chiefs of police"; to the Committee on the Judiciary.
By Delegate Stalnaker:
H. B. 3171
- "A Bill to amend and reenact §15-2-16 of the Code of West Virginia, 1931, as amended, relating to criminalizing the giving of false or misleading information to county and municipal officers"; to the Committee on the Judiciary.
By Delegates Williams, Wysong, Doyle, Tabb and Ashley:
H. B. 3172
- "A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to changing the qualifier for low income to two hundred and fifty percent or less of the federal poverty guideline from one hundred and fifty percent or less of the federal poverty guideline for a senior citizens' homestead tax credit"; to the Committee on Finance.
By Delegate Stalnaker:
H. B. 3173
- "A Bill to amend and reenact §8-14-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-14-17 of said code, all relating to allowing municipal chiefs of police to appoint a deputy chief or principal supervisor"; to the Committee on the Judiciary.
By Delegate Reynolds:
H. B. 3174
- "A Bill to amend and reenact §11-4-3 of the Code of West Virginia, 1931, as amended, relating to including qualified continuing care retirement communities under the provisions of the Tax Limitations Amendment; and defining 'qualified continuing care retirement community' and 'qualified resident'"; to the Committee on Finance.
By Delegates Amores, Fleischauer and Marshall:
H. B. 3175 - "A Bill to amend and reenact §18A-4-10c of the Code of West Virginia, 1931, as amended, relating to including 'permanent household members' among the county board of education employees who are eligible to receive donated personal leave from personal leave banks established for care givers"; to the Committee on Education.
By Delegate Browning:
H. B. 3176
- "A Bill to amend and reenact §18A-4-10c of the Code of West Virginia, 1931, as amended, relating to including 'permanent household members' among the county board of education employees who are eligible to receive donated personal leave from personal leave banks established for care givers"; to the Committee on Finance.
By Delegate Stalnaker:
H. B. 3177
- "A Bill to amend and reenact §18-5-4 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation of members of county boards of education"; to the Committee on Education then Finance.
By Delegate Michael (By Request):
H. B. 3178
- "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to registration plates; providing for special registration plates for any member of a municipal police department, sheriff's department, State Police, or law-enforcement division of the Division of Natural Resources wounded in the line of duty and awarded a purple heart by any fraternal police organization representing any law-enforcement agency in this state"; to the Committee on Roads and Transportation then Finance.
By Delegates Webster, DeLong, Staggers, Caputo, Perry and Long:
H. B. 3179 - "A Bill to amend and reenact §49-5-8 of the Code of West Virginia, 1931, as amended, and to amend and reenact §49-5-10 of said code, all relating to unlawful possession of deadly weapons by a minor"; to the Committee on the Judiciary.
By Delegates Webster, Hrutkay, Brown, Miley, Kessler, Burdiss, Guthrie and Fleischauer:

H. B. 3180
- "A Bill to amend and reenact §23-5-9 of the Code of West Virginia, 1931, as amended, relating to the granting of workers' compensation benefits on review or appeal; implementation of an award of workers' compensation benefits granted by an administrative law judge's decision; and referencing the mechanism for handling any overpayment which may result if a favorable decision granting benefits is subsequently reversed"; to the Committee on the Judiciary.
By Delegates Amores and Fleischauer:
H. B. 3181
- "A Bill to amend and reenact §61-11A-6 of the Code of West Virginia, 1931, as amended, relating to fair treatment of crime victims generally and including a person who has resided with a victim at least twelve months to the list of people to receive advance notice of judicial proceedings involving the crime"; to the Committee on the Judiciary.
By Delegate Ashley:
H. B. 3182
- "A Bill to amend and reenact §29-21-13a of the Code of West Virginia, 1931, as amended, relating to increasing hourly fees for court appointed lawyers appointed in criminal cases to sixty dollars an hour for out-of-court time and eighty dollars an hour for in-court time; and increasing hourly fees for court-appointed lawyers in child abuse cases to seventy dollars an hour for out-of-court time and ninety dollars an hour for in-court time"; to the Committee on the Judiciary then Finance.
By Delegate Ashley:
H. B. 3183 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2K-1, §16-2K-2, §16-2K-3, §16-2K-4 and §16-2K-5, all relating to requiring physicians to file regular reports with the Department of Health and Human Resources, regarding patients who require medical treatment as a result of an abortion; providing criminal penalties for violation"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Wysong:
H. B. 3184
- "A Bill to amend and reenact §27-3-1 and §27-3-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §27-5-9 of said code, all relating to confidentiality, disclosure and authorization for disclosure of mental health information obtained in the course of treatment or evaluation of individuals"; to the Committee on the Judiciary.
By Delegate DeLong:
H. B. 3185
- "A Bill to amend and reenact §19-23-13 of the Code of West Virginia, 1931, as amended, relating to pro rata distribution of moneys from the West Virginia Racing Commission Special Account - Unredeemed Pari-Mutuel Tickets"; to the Committee on Finance.
By Delegates Tansill, Burdiss, Kessler and Carmichael:
H. B. 3186
- "A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended, relating to reclassifying methamphetamine as a schedule II narcotic rather than a schedule II nonnarcotic"; to the Committee on the Judiciary.
By Delegates Rodighiero, Stephens, Reynolds, Ellis, Craig and Shook:
H. B. 3187
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-8a, relating to requiring facilities providing abortions to obtain parental notification or consent in writing by the parent or by a notarized parental notification or consent form; and providing penalties"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Marshall:
H. B. 3188
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4 and §5B-4-5, all relating to creating measures to analyze effectiveness of economic development initiatives, vesting authority with the secretary of commerce, legislative rule making, comparing job and wage information to self- sufficiency wage and reporting to the Legislature"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Ennis and Staggers:
H. B. 3189
- "A Bill to amend and reenact §49-7-33 of the Code of West Virginia, 1931, as amended, relating to payment of services in certain child or juvenile proceedings"; to the Committee on the Judiciary then Finance.
By Delegates Morgan, Guthrie, Marshall, Williams, Fleischauer, Perry, Staggers and Walters:

H. B. 3190
- "A Bill to amend and reenact §30-5-1b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-5-6b, all relating to pharmacies and pharmacists; defining terms; authorizing remote dispensing and delivery of prescription drugs; and authorizing the Board of Pharmacy to propose legislative rules"; to the Committee on the Judiciary then Finance.
By Delegate Ashley:
H. B. 3191
- "A Bill to amend and reenact §38-3-18 of the Code of West Virginia, 1931, as amended, relating to limitations on enforcement of judgments generally; providing that the limitation on child support is tolled until the last child that is subject of an income withholding order reaches eighteen years of age or is legally emancipated"; to the Committee on the Judiciary.
By Delegates Eldridge, Yost, Staggers and Stemple:
H. B. 3192
- "A Bill to amend and reenact §17B-4-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-5-2, §17C-5-2a, §17C-5-4, §17C-5-6, §17C-5-6a, §17C-5- 7, §17C-5-8 of said code; to amend and reenact, §17C-5A-1, §17C-5A-1a, §17C-5A-2, §17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said code; to amend said code by adding thereto a new section, designated §17C-5-4a; and to amend said code by adding thereto a new section, designated §17C- 5A-3b, all relating generally to the criminal penalties for driving while suspended or revoked, for driving under the influence of alcohol, controlled substances or drugs; describing where driving under the influence of alcohol, controlled substances or drugs is prohibited; requiring driver's to submit to evidentiary breath tests and secondary chemical test; requiring mandatory chemical test when death or injury occurs; setting forth requirements for blood tests; setting forth requirements for taking a child into custody for driving with any amount of blood alcohol; setting forth requirements for revoking a license for refusing an evidentiary breath test or a secondary chemical test; setting forth requirements for the admission of chemical tests into evidence; requiring the commissioner to revoke licenses upon receipt of a report from a law-enforcement officer; requiring the commissioner to revoke license upon receipt of a conviction; setting forth procedures to appeal license revocations; authorizing fees; requiring a safety and treatment program for persons with licenses revoked for driving under the influence; requiring the alcohol test and lock program; and establishing a provisional driving permit"; to the Committee on the Judiciary then Finance.
By Delegates Ellis, Eldridge, Rodighiero, Reynolds, Boggs, Stephens, Fragale, Kominar, Yost, Argento and Moore:

H. B. 3193
- "A Bill to amend and reenact §61-2-15a of the Code of West Virginia, 1931, as amended, relating to doubling the fines for assaulting athletic officials"; to the Committee on the Judiciary.
By Delegates Lane, Overington, Ellem, Sobonya and Schadler:
H. B. 3194
- "A Bill to amend and reenact §7-8-14 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §61-11-26; and to amend and reenact §62-1-8 of said code, all relating to determining defendants' ability to pay costs of incarceration be done at time of sentencing; requiring arresting agency to pay cost of pretrial incarceration; and releasing persons charged with nonviolent and nondrug related crimes subject to electronic monitoring"; to the Committee on the Judiciary.
By Delegates Manchin and Caputo:
H. B. 3195
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to authorizing county commissions without a comprehensive plan to adopt ordinances relating to residential subdivisions"; to the Committee on Government Organization.
By Delegates Amores, Fleischauer, Palumbo and Guthrie:
H. B. 3196
- "A Bill to amend and reenact §62-12-23 of the Code of West Virginia, 1931, as amended, relating to notifying persons of a defendants parole hearing who lived with the victim at the time of the crime and for twelve months preceding the crime"; to the Committee on the Judiciary.
By Delegates Amores and Fleischauer:
H. B. 3197
- "A Bill to amend and reenact §61-11A-2 of the Code of West Virginia, 1931, as amended, relating to including a person who lived with a convicted defendant at the time of the crime and for at least twelve months preceding the crime to the definition of a victim for purposes of testimony of a crime victim at a sentencing hearing"; to the Committee on the Judiciary.
By Delegates Kessler, Burdiss and Martin:
H. B. 3198
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-14D-1 and §11-14D-2, all relating to enacting the West Virginia Windfall Profit Tax Act; providing a short title; defining 'windfall profit'; providing the tax applies to all corporations selling petroleum products in the state; providing the tax cannot be passed onto the consumer; requiring corporations to report on a quarterly basis net profits; providing the Attorney General in collaboration with the Secretary of State and the State Tax Commissioner are responsible to determine accuracy of reported net profits and to see to the collection of the tax; vesting the Attorney General with subpoena power to obtain corporate records; providing certain consequences when the Attorney General requests production of records and a corporation fails to provide the requested records; providing the Attorney General in collaboration with the State Tax Commissioner may enlist forensic accounting procedures to determine tax liability; providing the rate of tax; providing civil penalties against corporations who attempt to recoup sums paid as a result of the tax by passing price increases to consumers; requiring corporations to pay the tax within thirty days of notification of the amount due or face the prospect of confiscation and forfeiture of corporate property in a civil proceeding instituted by the Attorney General; and, directing the Secretary of State in collaboration with the State Tax Commissioner to propose rules for legislative approval to implement the act's provisions"; to the Committee on Finance.
By Delegates Williams, Long, Stalnaker, Crosier, Shaver, Ashley, Perry, White, Kominar and Anderson:

H. B. 3199
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b; and to amend said code by adding thereto a new section, designated §11-24-11b, all relating to authorizing a one hundred dollar tax credit against either personal income tax or corporate net income tax for the expense incurred when reprogramming a cash register when the sales tax on food and food ingredients is changed"; to the Committee on Finance.
By Delegates Webster, Proudfoot, Brown, Tabb, Shook, Fleischauer, Guthrie, Ellem, Kessler, Long and Burdiss:

H. B. 3200
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2B-15; and to amend and reenact §57-5-11 of said code, all relating to a requirement to retain any biological material that is secured in the investigation or prosecution of a criminal case for the period that a defendant remains incarcerated in connection with that case; and establishing criminal penalties"; to the Committee on the Judiciary.
By Delegates Shaver and Argento:
H. B. 3201
- "A Bill to amend and reenact §11-12-5 of the Code of West Virginia, 1931, as amended, relating to authorizing the tax commissioner to refuse, revoke, suspend or refuse to renew a business registration certificate for a business that is the alter ego, nominee or instrumentality of a business in certain situations; and defining alter ego"; to the Committee on the Judiciary.
By Delegates Argento, Amores, Morgan and Stemple:
H. B. 3202
- "A Bill to amend and reenact §60-3A-18 of the Code of West Virginia, 1931, as amended, relating to extending the hours of operation for sale of retail liquor by two hours"; to the Committee on the Judiciary.
By Delegates Eldridge, Ellis, Reynolds, Varner, Rodighiero, Boggs, Stephens, Fragale, Kominar, Argento and Moore:

H. B. 3203
- "A Bill to amend and reenact §61-8D-1 of the Code of West Virginia, 1931, as amended, relating to child abuse and neglect; providing that a child born addicted to a controlled substance constitutes child abuse"; to the Committee on the Judiciary.
By Delegate Doyle:
H. B. 3204
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §7-1-3oo, relating to authorizing a county to adopt an ordinance regulating the use of blasting explosives"; to the Committee on Government Organization.
By Delegate Walters (By Request):
H. B. 3205
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-31g, relating to automobile insurance policies; and prohibiting discrimination in rates on the basis of claims filed in which the insured is determined not to be at fault"; to the Committee on the Judiciary.
By Delegates Manchin and Caputo:
H. B. 3206
- "A Bill to amend and reenact §38-10-4 of the Code of West Virginia, 1931, as amended, relating to modifying exemptions allowed in bankruptcy proceedings"; to the Committee on the Judiciary.
By Delegates Sobonya, Hamilton, Sumner, Rowan, C. Miller, Craig, Lane and J. Miller: H. B. 3207 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles except for ceremonial purposes; prohibiting elected or appointed officials from placing their name or likeness on trinkets paid for with public funds; prohibiting elected or appointed officials from using public funds to distribute certain published materials bearing their name or likeness within sixty days prior to a primary or general election in which a public official is a candidate; definitions; exceptions"; to the Committee on the Judiciary.
By Delegate Staggers:
H. B. 3208
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated article §22A-7A-1, §22A-7A-2, §22A-7A-3, §22A-7A-4, §22A-7A- 5, §22A-7A-6, §22A-7A-7, §22A-7A-8 and §22A-7A-9, all relating to drug and alcohol free mines; providing credit for Workers Compensation premiums to mines that have a drug and alcohol free program; requiring proof of drug and alcohol free status for miner certification; providing an approved testing system; denial of certification; secondary testing; confidentiality of test results; providing certain legislative findings; requiring proof of alcohol and drug free status of certain miners; and including additional drug and alcohol abuse training for certain miners; mine inspectors drug and alcohol training; establishment of statewide database of miners failing to provide proof of drug and alcohol free status; making certain actions by persons listed on the database or failing a drug and alcohol test a second time a misdemeanor offense and providing criminal penalties; and making deliberate evasion of the database by a coal operator a misdemeanor and providing a criminal penalty"; to the Committee on the Judiciary.
By Delegates Rodighiero, Reynolds, Stephens, Eldridge, Ellis and Hrutkay:
H. B. 3209
- "A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6-10 of said code, all relating to providing benefits for those who have served in the military service; providing service credits for purposes of public employment retirement for service in any branch of the military including the West Virginia National Guard and Reserve; and awarding additional testing credit points in civil service examinations for members of the National Guard and Reserve who are applying for state employment"; to the Committee on Finance.
By Delegates Stemple, Moore, Barker and Perry:
H. B. 3210
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-11e, relating to authorizing the Public Service Commission to protect the consumers of failed water or failed sewer utilities by ordering a capable water or sewer public utility to acquire the failed utility"; to the Committee on Finance.
By Delegates Doyle, Amores, Brown, Carmichael, Evans, Fleischauer, Guthrie, Palumbo, Schadler, Webster and Wells:

H. B. 3211
- "A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5- 11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices; prohibiting discrimination based upon age and sexual orientation"; to the Committee on the Judiciary.
By Delegate Manchin (By Request):
H. B. 3212
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §35-5C-1, §35-5C-2, §35-5C-3, §35-5C-4 §35-5C-5, §35-5C-6, §35-5C-7, §35-5C-8, §35-5C-9, §35-5C-10, §35-5C-11, §35-5C-12, §35-5C-13, §35-5C-14, §35-5C-15, §35-5C-16, §35-5C-17, §35-5C-18, §35-5C-19, §35-5C-20, §35-5C-21, §35-5C-22, §35-5C-23, §35-5C-24, §35-5C-25, §35-5C-26, §35-5C-27, §35-5C-28 and §35-5C-29, all relating generally to establishing the West Virginia Cemetery Act; scope; providing for definitions; creating the West Virginia Cemetery Commission; providing for commission logistics; providing for commission powers and budget; providing for licensure requirements for various brokers, companies, and organizations; cemetery changes of control; care and maintenance trust funds; perpetual care funds; trust fund financial reports; license applications, assignability and transferability; cemetery land acreage; construction of mausoleums and crypts; providing for penalties; burial public policy and validation of cemetery lot deeds"; to the Committee on the Judiciary.
By Delegate Andes:
H. B. 3213
- "A Bill to amend and reenact §1-2-2 of the Code of West Virginia, 1931, as amended, relating to the apportionment of the membership of the House of Delegates; and adding a fifty-ninth delegate district consisting of portions of Mason and Putnam counties"; to the Committee on the Judiciary.
By Delegates Ashley, Anderson, Amores, Michael and Craig:
H. B. 3214
- "A Bill to amend and reenact §20-1-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §20-1A-6 of said code; and to amend and reenact §20-5-2 of said code, all relating to permitting the extraction of minerals underlying state parks by private owners directly from the surface of parks"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Doyle, Wysong and Tabb:
H. B. 3215
- "A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-3C-8 of said code, all relating to removing the administrative link between Shepherd University and Blue Ridge Community and Technical College"; to the Committee on Education.
By Delegates Iaquinta, Brown, Hartman, Crosier, Ireland, Miley, White, Talbott, Longstreth and Azinger:

H. B. 3216
- "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to allowing a disabled veteran one additional license plate"; to the Committee on Finance.
By Delegates Mahan and DeLong:
H. B. 3217
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8C-6, relating to designating the state police as administrator of enforcement of this article for purposes of issuing administrative subpoenas in suspected cases of child pornography; referencing applicable federal law regarding administrative subpoenas in child pornography cases; requiring disclosure by internet service providers of certain subscriber information; offenses; penalties; fees"; to the Committee on the Judiciary.
By Delegates Sumner and Duke:
H. B. 3218
- "A Bill to amend and reenact §29-22A-8 of the Code of West Virginia, 1931, as amended, relating to establishing an additional annual license fee of one thousand dollars for the privilege of holding a license to operate video lottery terminals at race tracks; and to provide that the moneys collected are paid to the state Teachers Retirement System Benefit Fund"; to the Committee on the Judiciary.
By Delegates Doyle, Amores, Brown, Canterbury, Long, J. Miller, Moore, Palumbo, Schadler, Staggers and Stemple:

H. B. 3219
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17B-7-1, relating to providing that West Virginia will not participate in the 'REAL ID Act of 2005' enacted by the United States Congress in Public Law 109- 13"; to the Committee on the Judiciary.
By Delegates Border, Perdue, Staggers, Long, Schadler, Ennis, Moye, Stalnaker and Stephens:

H. B. 3220
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-10a, relating to medical qualifications for school bus operators; prohibition of dismissal, denial of or ineligibility for employment of school bus operators who have diabetes mellitus requiring insulin; exceptions"; to the Committee on Health and Human Resources.
Special Calendar

Unfinished Business

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; 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. 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; 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 S. B. 148, Providing breast feeding not considered public indecency; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
H. B. 2568, Extending the sunset provision regarding racial profiling analysis; 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. 102), and there were--yeas 88, nays 7, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes, Blair, Border, Hamilton, J. Miller, Overington and Sobonya.
Absent And Not Voting: Doyle, Hutchins, Marshall and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2568) 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. 2748, Relating to the receipt and transfer of scrap metal; 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. 103), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Hutchins, Marshall and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2748) 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. 2764, Establishing criminal history checks for applicants for insurance producer licenses; 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. 104), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Hutchins, Marshall and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2764) 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. 2776, Relating to the West Virginia Residential Mortgage Lender, Broker and Servicer Act; 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. 105), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Hutchins, Marshall and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2776) 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. 2932, Protecting incapacitated persons and the elderly; 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. 106), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Hutchins, Marshall and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2932) 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. 3018, Limiting the duplication of publication costs in the administration of certain estates; 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. 107), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Hutchins, Marshall and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3018) 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. J. R. 14, "The Active Duty Armed Services Motor Vehicle Property Tax Amendment";on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
S. B. 591, Supplementing, amending, reducing and increasing appropriation to Division of Highways; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That the items of the total appropriation from the State Road Fund, fund 9017, fiscal year 2007, organization 0803, be amended and reduced in the line items as follows:
TITLE II--APPROPRIATIONS.

Sec. 2. Appropriations from State Road Fund.

DEPARTMENT OF TRANSPORTATION

92-Division of Highways

(WV Code Chapters 17 and 17C)

Fund 9017 FY 2007 Org 0803

State
Act-Road
ivityFund
6Bridge Repair and Replacement
273
$8,000,000

10
Interstate Construction
278
4,000,000

And that the items of the total appropriation from the State Road Fund, fund 9017, fiscal year 2007, organization 0803, be amended and increased in the line items as follows:
TITLE II--APPROPRIATIONS.

Sec. 2. Appropriations from State Road Fund.

DEPARTMENT OF TRANSPORTATION

92-Division of Highways

(WV Code Chapters 17 and 17C)

Fund 9017 FY 2007 Org 0803

State
Act-Road
ivityFund
3Maintenance, Contract Paving
4
and Secondary Road

5
Maintenance
272
$13,000,000

11
Other Federal Aid Programs
279
50,000,000

13
Nonfederal Aid Construction
281
8,000,000

The purpose of this supplementary appropriation bill is to supplement, amend, reduce and increase existing items in the aforesaid account for the designated spending unit for expenditure during the fiscal year ending the thirtieth day of June, two thousand seven."
The bill was then ordered to third reading.
Com. Sub. for H. B. 2059, Providing salary increase for conservation officers; on second reading, coming up in regular order, was read a second time.
On motion of Delegate White, the bill was amended on page three, section one-c, line four, following the word "lieutenant" and the comma, by inserting the words "first sergeant" followed by a comma.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2181, Requiring that annual reports be recorded on CD-Rom for distribution; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2189, Relating to substitute service personnel seniority; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2348, Prohibiting the seizure of lawfully carried firearms during a proclaimed state of emergency; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2525, Extending the termination of the West Virginia statewide addressing and mapping board; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2583, Relating to the expansion of newborn testing; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2588, Reimbursing tuition and fees for courses for the renewal of teaching certificates; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2763, Relating to persons performing financial examinations of insurers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2777, Relating to compensation of public school teachers and school personnel; on second reading, coming up in regular order, was read a second time.
Delegate Carmichael moved to amend the bill on page one, section two, line twenty-three, by striking out section two in its entirety and inserting in lieu thereof the following:
"§18A-4-2. State minimum salaries for teachers.
(a) Each teacher shall receive the amount prescribed in the 2005-06 State Minimum Salary Schedule I as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year: Provided, That beginning on the first day of the second quarter of the teacher's employment term in the school year two thousand five-two thousand six through the thirtieth day of June, two thousand six, each teacher shall receive the amount prescribed in the 2005-06 State Minimum Salary Schedule II as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year: Provided, however, That any salary increase that a teacher is entitled to receive as a result of the enactment of the 2005-06 State Minimum Salary Schedule II shall not be paid until the first pay date after the first day of November, two thousand five.
Effective the first day of July, two thousand six, through the thirtieth day of June, two thousand seven, each teacher shall receive the amount prescribed in the 2006-07 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
Effective the first day of July, two thousand seven, through the thirtieth day of June, two thousand eight, each teacher shall receive the amount prescribed in the 2007-08 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.
Effective the first day of July, two thousand eight, and thereafter, each teacher shall receive the amount prescribed in the 2008-09 State Minimum Salary Schedule as set forth in this section, specific additional amounts prescribed in this section or article and any county supplement in effect in a county pursuant to section five-a of this article during the contract year.

2005-06 STATE MINIMUM SALARY SCHEDULE I

(1)
(2)
(3) (4) (5) (6) (7) (8) (9) (10)
(11)

Years 4th
3rd 2nd
A.B.
M.A. M.A. M.A. Doc-

Exp.
Class Class Class A.B. +15 M.A. +15 +30 +45 torate

0 21,888 22,525 22,780 23,990 24,725 26,433 27,168 27,903 28,638 29,638
1 22,205 22,842 23,097 24,491 25,226 26,934 27,669 28,404 29,139 30,139
2 22,522 23,160 23,415 24,992 25,727 27,435 28,170 28,905 29,640 30,640
3 22,840 23,477 23,732 25,493 26,228 27,936 28,671 29,406 30,141 31,141
4 23,393 24,030 24,286 26,230 26,965 28,673 29,408 30,143 30,878 31,878
5 23,710 24,348 24,603 26,731 27,466 29,174 29,909 30,644 31,379 32,379
6 24,028 24,665 24,920 27,232 27,967 29,675 30,410 31,145 31,880 32,880
7   24,982 25,238 27,733 28,468 30,176 30,911 31,646 32,381 33,381
8 22,008 25,300 25,555 28,234 28,969 30,677 31,412 32,147 32,882 33,882
9     25,872 28,735 29,470 31,178 31,913 32,648 33,383 34,383
10 22,008   26,189 29,237 29,972 31,680 32,415 33,150 33,885 34,885
11 22,008     29,738 30,473 32,181 32,916 33,651 34,386 35,386
12 22,008     30,239 30,974 32,682 33,417 34,152 34,887 35,887
13 22,008     30,740 31,475 33,183 33,918 34,653 35,388 36,388
14 22,008         33,684 34,419 35,154 35,889 36,889
15 22,008         34,185 34,920 35,655 36,390 37,390
16 22,008         34,686 35,421 36,156 36,891 37,891
17 22,008             36,657 37,392 38,392
18 22,008             37,158 37,893 38,893
19 22,008             37,659 38,394 39,394
2005-06 STATE MINIMUM SALARY SCHEDULE II

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

Years 4th 3rd
2nd
A.B.
M.A. M.A. M.A. Doc-

Exp.
Class Class Class A.B. +15 M.A. +15 +30 +45 torate

0 23,238 23,875 24,130 25,340 26,075 27,783 28,518 29,253 29,988 30,988
1 23,555 24,192 24,447 25,841 26,576 28,284 29,019 29,754 30,489 31,489
2 23,872 24,510 24,765 26,342 27,077 28,785 29,520 30,255 30,990 31,990
3 24,190 24,827 25,082 26,843 27,578 29,286 30,021 30,756 31,491 32,491
4 24,743 25,380 25,636 27,580 28,315 30,023 30,758 31,493 32,228 33,228
5 25,060 25,698 25,953 28,081 28,816 30,524 31,259 31,994 32,729 33,729
6 25,378 26,015 26,270 28,582 29,317 31,025 31,760 32,495 33,230 34,230
7 25,696 26,332 26,588 29,083 29,818 31,526 32,261 32,996 33,731 34,731
8   26,650 26,905 29,584 30,319 32,027 32,762 33,497 34,232 35,232
9   26,968 27,222 30,085 30,820 32,528 33,263 33,998 34,733 35,733
10     27,539 30,587 31,322 33,030 33,765 34,500 35,235 36,235
11     27,856 31,088 31,823 33,531 34,266 35,001 35,736 36,736
12       31,589 32,324 34,032 34,767 35,502 36,237 37,237
13       32,090 32,825 34,533 35,268 36,003 36,738 37,738
14       32,591 33,326 35,034 35,769 36,504 37,239 38,239
15           35,535 36,270 37,005 37,740 38,740
16           36,036 36,771 37,506 38,241 39,241
17           36,537 37,272 38,007 38,742 39,742
18               38,508 39,243 40,243
19               39,009 39,744 40,744
20               39,510 40,245 41,245

2006-07 STATE MINIMUM SALARY SCHEDULE

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years 4th 3rd
2nd
A.B.
M.A. M.A. M.A. Doc-

Exp.
Class Class Class A.B. +15 M.A. +15 +30 +45 torate

0 23,238 23,875 24,130 25,340 26,075 27,783 28,518 29,253 29,988 30,988
1 23,555 24,192 24,447 25,841 26,576 28,284 29,019 29,754 30,489 31,489
2 23,872 24,510 24,765 26,342 27,077 28,785 29,520 30,255 30,990 31,990
3 24,190 24,827 25,082 26,843 27,578 29,286 30,021 30,756 31,491 32,491
4 24,743 25,380 25,636 27,580 28,315 30,023 30,758 31,493 32,228 33,228
5 25,060 25,698 25,953 28,081 28,816 30,524 31,259 31,994 32,729 33,729
6 25,378 26,015 26,270 28,582 29,317 31,025 31,760 32,495 33,230 34,230
7 25,696 26,332 26,588 29,083 29,818 31,526 32,261 32,996 33,731 34,731
8 26,014 26,650 26,905 29,584 30,319 32,027 32,762 33,497 34,232 35,232
9 26,332 26,968 27,222 30,085 30,820 32,528 33,263 33,998 34,733 35,733
10 26,650 27,286 27,539 30,587 31,322 33,030 33,765 34,500 35,235 36,235
11   27,604 27,856 31,088 31,823 33,531 34,266 35,001 35,736 36,736
12   27,922 28,173 31,589 32,324 34,032 34,767 35,502 36,237 37,237
13     28,490 32,090 32,825 34,533 35,268 36,003 36,738 37,738
14     28,807 32,591 33,326 35,034 35,769 36,504 37,239 38,239
15       33,092 33,827 35,535 36,270 37,005 37,740 38,740
16       33,593 34,328 36,036 36,771 37,506 38,241 39,241
17       34,094 34,829 36,537 37,272 38,007 38,742 39,742
18           37,038 37,773 38,508 39,243 40,243
19           37,539 38,274 39,009 39,744 40,744
20           38,040 38,775 39,510 40,245 41,245
21               40,011 40,746 41,746
22               40,512 41,247 42,247
23               41,013 41,748 42,748

2007-08 STATE MINIMUM SALARY SCHEDULE

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years 4th 3rd
2nd
A.B.
M.A. M.A. M.A. Doc-

Exp.
Class Class Class A.B. +15 M.A. +15 +30 +45 torate

0 23,238 23,875 24,130 25,340 26,075 27,783 28,518 29,253 29,988 30,988
1 23,555 24,192 24,447 25,841 26,576 28,284 29,019 29,754 30,489 31,489
2 23,872 24,510 24,765 26,342 27,077 28,785 29,520 30,255 30,990 31,990
3 24,190 24,827 25,082 26,843 27,578 29,286 30,021 30,756 31,491 32,491
4 24,743 25,380 25,636 27,580 28,315 30,023 30,758 31,493 32,228 33,228
5 25,060 25,698 25,953 28,081 28,816 30,524 31,259 31,994 32,729 33,729
6 25,378 26,015 26,270 28,582 29,317 31,025 31,760 32,495 33,230 34,230
7 25,696 26,332 26,588 29,083 29,818 31,526 32,261 32,996 33,731 34,731
8 26,014 26,650 26,905 29,584 30,319 32,027 32,762 33,497 34,232 35,232
9 26,332 26,968 27,222 30,085 30,820 32,528 33,263 33,998 34,733 35,733
10 26,650 27,286 27,539 30,587 31,322 33,030 33,765 34,500 35,235 36,235
11 26,968 27,604 27,856 31,088 31,823 33,531 34,266 35,001 35,736 36,736
12 27,286 27,922 28,173 31,589 32,324 34,032 34,767 35,502 36,237 37,237
13 27,604 28,240 28,490 32,090 32,825 34,533 35,268 36,003 36,738 37,738
14   28,558 28,807 32,591 33,326 35,034 35,769 36,504 37,239 38,239
15   28,876 29,124 33,092 33,827 35,535 36,270 37,005 37,740 38,740
16     29,441 33,593 34,328 36,036 36,771 37,506 38,241 39,241
17     29,758 34,094 34,829 36,537 37,272 38,007 38,742 39,742
18       34,595 35,330 37,038 37,773 38,508 38,243 40,243
19       35,096 35,831 37,539 38,274 39,009 39,744 40,744
20       35,597 36,332 38,040 38,775 39,510 40,245 41,245
21           38,541 39,276 40,011 40,746 41,746
22           39,042 39,777 40,512 41,247 42,247
23           39,543 40,278 41,013 41,748 42,748
24               41,514 42,249 43,249
25               42,015 42,750 43,750
26               42,516 43,251 44,251
                     
2008-09 STATE MINIMUM SALARY SCHEDULE

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Years 4th 3rd
2nd
A.B.
M.A. M.A. M.A. Doc-

Exp.
Class Class Class A.B. +15 M.A. +15 +30 +45 torate

0 23,238 23,875 24,130 25,340 26,075 27,783 28,518 29,253 29,988 30,988
1 23,555 24,192 24,447 25,841 26,576 28,284 29,019 29,754 30,489 31,489
2 23,872 24,510 24,765 26,342 27,077 28,785 29,520 30,255 30,990 31,990
3 24,190 24,827 25,082 26,843 27,578 29,286 30,021 30,756 31,491 32,491
4 24,743 25,380 25,636 27,580 28,315 30,023 30,758 31,493 32,228 33,228
5 25,060 25,698 25,953 28,081 28,816 30,524 31,259 31,994 32,729 33,729
6 25,378 26,015 26,270 28,582 29,317 31,025 31,760 32,495 33,230 34,230
7 25,696 26,332 26,588 29,083 29,818 31,526 32,261 32,996 33,731 34,731
8 26,014 26,650 26,905 29,584 30,319 32,027 32,762 33,497 34,232 35,232
9 26,332 26,968 27,222 30,085 30,820 32,528 33,263 33,998 34,733 35,733
10 26,650 27,286 27,539 30,587 31,322 33,030 33,765 34,500 35,235 36,235
11 26,968 27,604 27,856 31,088 31,823 33,531 34,266 35,001 35,736 36,736
12 27,286 27,922 28,173 31,589 32,324 34,032 34,767 35,502 36,237 37,237
13 27,604 28,240 28,490 32,090 32,825 34,533 35,268 36,003 36,738 37,738
14 27,922 28,558 28,807 32,591 33,326 35,034 35,769 36,504 37,239 38,239
15 28,240 28,876 29,124 33,092 33,827 35,535 36,270 37,005 37,740 38,740
16 28,558 29,194 29,441 33,593 34,328 36,036 36,771 37,506 38,241 39,241
17 28,876 29,512 29,758 34,094 34,829 36,537 37,272 38,007 38,742 39,742
18 29,194 29,830 30,075 34,595 35,330 37,038 37,773 38,508 38,243 40,243
19 29,512 30,148 30,392 35,096 35,831 37,539 38,274 39,009 39,744 40,744
20 29,830 30,466 30,709 35,597 36,332 38,040 38,775 39,510 40,245 41,245
21 30,148 30,784 31,026 36,098 36,833 38,541 39,276 40,011 40,746 41,746
22 30,466 31,102 31,343 36,599 37,334 39,042 39,777 40,512 41,247 42,247
23 30,784 31,420 31,660 37,100 37,835 39,543 40,278 41,013 41,748 42,748
24 31,102 31,738 31,977 37,601 38,336 40,044 40,779 41,514 42,249 43,249
25 31,420 32,056 32,294 38,102 38,837 40,545 41,280 42,015 42,750 43,750
26 31,738 32,374 32,611 38,603 39,338 41,046 41,781 42,516 43,251 44,251
27 32,056 32,692 32,928 39,104 39,839 41,547 42,282 43,017 43,752 44,752
28 32,374 33,010 33,245 39,605 40,340 42,048 42,783 43,518 44,253 45,253
29 32,692 33,328 33,562 40,106 40,841 42,549 43,284 44,019 44,754 45,754
30 33,010 33,646 33,879 40,607 41,342 43,050 43,785 44,520 45,255 46,255
31 33,328 33,964 34,196 41,108 41,843 43,551 44,286 45,021 45,756 46,756
32 33,646 34,282 34,513 41,609 42,344 44,052 44,787 45,522 46,257 47,257
33 33,964 34,600 34,830 42,110 42,845 44,553 45,288 46,023 46,758 47,758
34 34,282 34,918 35,147 42,611 43,346 45,054 45,789 46,524 47,259 48,259
35 34,600 35,236 35,464 43,112 43,847 45,555 46,290 47,025 47,760 48,760
                     
(b) Six hundred dollars shall be paid annually to each classroom teacher who has at least twenty years of teaching experience. The payments: (I) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers.
(c) Effective the first day of July, two thousand five, through the thirtieth day of June, two thousand eight, in addition to any amounts prescribed in the applicable state minimum salary schedule, each professional educator shall be paid annually the following incremental increases in accordance with their years of experience. The payments shall be paid in equal monthly installments and shall be considered a part of the state minimum salaries for teachers.
Years of Experience
Increment

29
570

30
570

31
570

32
570

33
570

34
570

35
570

(d) Effective the first day of July, two thousand eight, the incremental increases prescribed in subsection (c) of this section are included as a part of the 2008-09 State Minimum Salary Schedule, therefore, the additional incremental increases prescribed in said subsection are discontinued.
(e) Effective the first day of July, two thousand seven, One thousand two hundred ninety six and fifty-eight hundredths dollars shall be paid annually to each classroom teacher. The payments: (I) Shall be in addition to any amounts prescribed in the applicable state minimum salary schedule; (ii) shall be paid in equal monthly installments; and (iii) shall be considered a part of the state minimum salaries for teachers."
And,
On page twenty-eight, section eight-a, line twenty-seven, by striking out section 8a in its entirety and inserting in lieu thereof the following:
"§18A-4-8a. Service personnel minimum monthly salaries.
(1) The minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the 'state minimum pay scale pay grade II' and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the 'state minimum pay scale pay grade II' set forth in this section: Provided, That beginning on the first day of the second quarter of the service employee's employment term in the school year two thousand five-two thousand six, the minimum monthly pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the 'state minimum pay scale pay grade II' and the minimum monthly pay for each service employee whose employment is for a period of three and one-half hours or less a day shall be at least one-half the amount indicated in the 'state minimum pay scale pay grade II' set forth in this section
: Provided further, That any salary increase that a service employee is to receive as a result of this new salary schedule is not to receive the increased salary until the first pay date after the first day of November two thousand five Provided, That beginning the first day of July, two thousand seven, in addition to the amount specified in the 'state minimum pay scale pay grade' set forth in this section, each service employee whose employment is for a period of more than three and one-half hours a day shall be paid a monthly amount equal to an annual amount of seven hundred eleven and fifty-one hundredths dollars, pro-rated monthly. The payments: (I) shall be in addition to the minimum monthly pay prescribed in this section; and (ii) shall be considered a part of the state minimum monthly salaries for service personnel. and each service employee whose employment is for a period of three and one-half hours or less a day shall be paid a monthly amount equal to an annual amount of three hundred fifty-five and seventy-six hundredths dollars, pro-rated monthly. The payments: (I) shall be in addition to the minimum monthly pay prescribed in this section; and (ii) shall be considered a part of the state minimum monthly salaries for service personnel.
STATE MINIMUM PAY SCALE PAY GRADE I
Years of
EmploymentPay Grade
A B C D E F G H


0
0

1,366 1,386
1,426

1,476

1,526

1,586

1,616

1,686

1



1,397

1,417

1,457

1,507

1,557

1,617

1,647

1,717

2

1,428

1,448

1,488

1,538

1,588

1,648

1,678

1,748

3

1,459

1,479

1,519

1,569

1,619

1,679

1,709

1,779

4

1,490

1,510

1,550

1,600

1,650

1,710

1,740

1,810

5

1,521

1,541

1,581

1,631

1,681

1,741

1,771

1,841

6

1,552

1,572

1,612

1,662

1,712

1,772

1,802

1,872

7

1,583

1,603

1,643

1,693

1,743

1,803

1,833

1,903

8

1,614

1,634

1,674

1,724

1,774

1,834

1,864

1,934

9

1,645

1,665

1,705

1,755

1,805

1,865

1,895

1,965

10

1,676

1,696

1,736

1,786

1,836

1,896

1,926

1,996

11

1,707

1,727

1,767

1,817

1,867

1,927

1,957

2,027

12

1,738

1,758

1,798

1,848

1,898

1,958

1,988

2,058

13

1,769

1,789

1,829

1,879

1,929

1,989

2,019

2,089

14

1,800

1,820

1,860

1,910

1,960

2,020

2,050

2,120

15

1,831

1,851

1,891

1,941

1,991

2,051

2,081

2,151

16

1,862

1,882

1,922

1,972

2,022

2,082

2,112

2,182

17

1,893

1,913

1,953

2,003

2,053

2,113

2,143

2,213

18

1,924

1,944

1,984

2,034

2,084

2,144

2,174

2,244

19

1,955

1,975

2,015

2,065

2,115

2,175

2,205

2,275

20

1,986

2,006

2,046

2,096

2,146

2,206

2,236

2,306

21

2,017

2,037

2,077

2,127

2,177

2,237

2,267

2,337

22

2,048

2,068

2,108

2,158

2,208

2,268

2,298

2,368

23

2,079

2,099

2,139

2,189

2,239

2,299

2,329

2,399

24

2,110

2,130

2,170

2,220

2,270

2,330

2,360

2,430

25

2,141

2,161

2,201

2,251

2,301

2,361

2,391

2,461

26

2,172

2,192

2,232

2,282

2,332

2,392

2,422

2,492

27

2,203

2,223

2,263

2,313

2,363

2,423

2,453

2,523

28

2,234

2,254

2,294

2,344

2,394

2,454

2,484

2,554

29

2,265

2,285

2,325

2,375

2,425

2,485

2,515

2,585

30

2,296

2,316

2,356

2,406

2,456

2,516

2,546

2,616

31

2,327

2,347

2,387

2,437

2,487

2,547

2,577

2,647

32

2,358

2,378

2,418

2,468

2,518

2,578

2,608

2,678

33

2,389

2,409

2,449

2,499

2,549

2,609

2,639

2,709

34

2,420

2,440

2,480

2,530

2,580

2,640

2,670

2,740

35

2,451

2,471

2,511

2,561

2,611

2,671

2,701

2,771

36

2,482

2,502

2,542

2,592

2,642

2,702

2,732

2,802

37

2,513

2,533

2,573

2,623

2,673

2,733

2,763

2,833

38

2,544

2,564

2,604

2,654

2,704

2,764

2,794

2,864

39

2,575

2,595

2,635

2,685

2,735

2,795

2,825

2,895

40

2,606

2,626

2,666

2,716

2,766

2,826

2,856

2,926
STATE MINIMUM PAY SCALE PAY

GRADE II

Years of
EmploymentPay Grade
A
B C D E F G H


0

1,456

1,476

1,516

1,566

1,616

1,676

1,706

1,776

1

1,487

1,507

1,547

1,597

1,647

1,707

1,737

1,807

2

1,518

1,538

1,578

1,628

1,678

1,738

1,768

1,838

3

1,549

1,569

1,609

1,659

1,709

1,769

1,799

1,869

4

1,580

1,600

1,640

1,690

1,740

1,800

1,830

1,900

5

1,611

1,631

1,671

1,721

1,771

1,831

1,861

1,931

6

1,642

1,662

1,702

1,752

1,802

1,862

1,892

1,962

7

1,673

1,693

1,733

1,783

1,833

1,893

1,923

1,993

8

1,704

1,724

1,764

1,814

1,864

1,924

1,954

2,024

9

1,735

1,755

1,795

1,845

1,895

1,955

1,985

2,055

10

1,766

1,786

1,826

1,876

1,926

1,986

2,016

2,086

11

1,797

1,817

1,857

1,907

1,957

2,017

2,047

2,117

12

1,828

1,848

1,888

1,938

1,988

2,048

2,078

2,148

13

1,859

1,879

1,919

1,969

2,019

2,079

2,109

2,179

14

1,890

1,910

1,950

2,000

2,050

2,110

2,140

2,210

15

1,921

1,941

1,981

2,031

2,081

2,141

2,171

2,241

16

1,952

1,972

2,012

2,062

2,112

2,172

2,202

2,272

17

1,983

2,003

2,043

2,093

2,143

2,203

2,233

2,303

18

2,014

2,034

2,074

2,124

2,174

2,234

2,264

2,334

19

2,045

2,065

2,105

2,155

2,205

2,265

2,295

2,365

20

2,076

2,096

2,136

2,186

2,236

2,296

2,326

2,396

21

2,107

2,127

2,167

2,217

2,267

2,327

2,357

2,427

22

2,138

2,158

2,198

2,248

2,298

2,358

2,388

2,458

23

2,169

2,189

2,229

2,279

2,329

2,389

2,419

2,489

24

2,200

2,220

2,260

2,310

2,360

2,420

2,450

2,520

25

2,231

2,251

2,291

2,341

2,391

2,451

2,481

2,551

26

2,262

2,282

2,322

2,372

2,422

2,482

2,512

2,582

27

2,293

2,313

2,353

2,403

2,453

2,513

2,543

2,613

28

2,324

2,344

2,384

2,434

2,484

2,544

2,574

2,644

29

2,355

2,375

2,415

2,465

2,515

2,575

2,605

2,675

30

2,386

2,406

2,446

2,496

2,546

2,606

2,636

2,706

31

2,417

2,437

2,477

2,527

2,577

2,637

2,667

2,737

32

2,448

2,468

2,508

2,558

2,608

2,668

2,698

2,768

33

2,479

2,499

2,539

2,589

2,639

2,699

2,729

2,799

34

2,510

2,530

2,570

2,620

2,670

2,730

2,760

2,830

35

2,541

2,561

2,601

2,651

2,701

2,761

2,791

2,861

36

2,572

2,592

2,632

2,682

2,732

2,792

2,822

2,892

37

2,603

2,623

2,663

2,713

2,763

2,823

2,853

2,923

38

2,634

2,654

2,694

2,744

2,794

2,854

2,884

2,954

39

2,665

2,685

2,725

2,775

2,825

2,885

2,915

2,985

40

2,696

2,716

2,756

2,806

2,856

2,916

2,946

3,016

CLASS TITLE PAY GRADE
Accountant I D
Accountant II E
Accountant III F
Accounts Payable Supervisor G
Aide I A
Aide II B
Aide III C
Aide IV D
Audiovisual Technician C
AuditorG
Autism Mentor E
Braille or Sign Language Specialist .E
Bus Operator .D
Buyer F
Cabinetmaker. G
Cafeteria Manager D
Carpenter I E
Carpenter II F
Chief Mechanic G
Clerk I B
Clerk II C
Computer Operator E
Cook I A
Cook II B
Cook III C
Crew Leader F
Custodian I A
Custodian II B
Custodian III. C
Custodian IV D
Director or Coordinator of Services H
Draftsman .D
Electrician I ..F
Electrician IIG
Electronic Technician I. F
Electronic Technician IIG
Executive SecretaryG
Food Services Supervisor G
ForemanG
General Maintenance C
GlazierD
Graphic ArtistD
Groundsman B
Handyman B
Heating and Air Conditioning Mechanic I E
Heating and Air Conditioning Mechanic II G
Heavy Equipment Operator E
Inventory Supervisor D
Key Punch OperatorB
Locksmith. G
Lubrication Man. C
Machinist F
Mail ClerkD
Maintenance Clerk C
Mason. G
MechanicF
Mechanic Assistant E
Office Equipment Repairman I F
Office Equipment Repairman II G
PainterE
Paraprofessional F
Payroll Supervisor G
Plumber I E
Plumber II G
Printing Operator B
Printing Supervisor D
Programmer H
Roofing/Sheet Metal Mechanic F
Sanitation Plant Operator F
School Bus Supervisor E
Secretary I D
Secretary II E
Secretary III F
Supervisor of MaintenanceH
Supervisor of Transportation. H
Switchboard Operator-Receptionist D
Truck Driver D
Warehouse Clerk C
Watchman B
Welder F
WVEIS Data Entry and Administrative Clerk B
(2) An additional twelve dollars per month shall be added to the minimum monthly pay of
each service employee who holds a high school diploma or its equivalent.
(3) Until the first day of July, two thousand two, an additional ten dollars per month also shall be added to the minimum monthly pay of each service employee for each of the following, and beginning the first day of July, two thousand two, the ten dollars per month shall be increased to an additional eleven dollars per month for each of subdivisions (a) through (j), inclusive, of this subsection only, and beginning the first day of July, two thousand two, the ten dollars per month shall be increased to an additional forty dollars per month for each of subdivisions (K) through (N), inclusive, of this subsection only:
(a) A service employee who holds twelve college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(b) A service employee who holds twenty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(c) A service employee who holds thirty-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(d) A service employee who holds forty-eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(e) A service employee who holds sixty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(f) A service employee who holds seventy-two college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(g) A service employee who holds eighty-four college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(h) A service employee who holds ninety-six college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(I) A service employee who holds one hundred eight college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(j) A service employee who holds one hundred twenty college hours or comparable credit obtained in a trade or vocational school as approved by the state board;
(k) A service employee who holds an associate's degree;
(l) A service employee who holds a bachelor's degree;
(m) A service employee who holds a master's degree;
(n) A service employee who holds a doctorate degree.
(4) Effective the first day of July, two thousand two, an additional eleven dollars per month shall be added to the minimum monthly pay of each service employee for each of the following:
(a) A service employee who holds a bachelor's degree plus fifteen college hours;
(b) A service employee who holds a master's degree plus fifteen college hours;
(c) A service employee who holds a master's degree plus thirty college hours;
(d) A service employee who holds a master's degree plus forty-five college hours; and
(e) A service employee who holds a master's degree plus sixty college hours.
(5) When any part of a school service employee's daily shift of work is performed between the hours of six o'clock p.m. and five o'clock a.m. the following day, the employee shall be paid no less than an additional ten dollars per month and one half of the pay shall be paid with local funds.
(6) Any service employee required to work on any legal school holiday shall be paid at a rate one and one-half times the employee's usual hourly rate.
(7) Any full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid shall be paid for the additional hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate and paid entirely from county board funds.
(8) No service employee may have his or her daily work schedule changed during the school year without the employee's written consent and the employee's required daily work hours may not be changed to prevent the payment of time and one-half wages or the employment of another employee.
(9) The minimum hourly rate of pay for extra duty assignments as defined in section eight-b of this article shall be no less than one seventh of the employee's daily total salary for each hour the employee is involved in performing the assignment and paid entirely from local funds: Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be utilized if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time employees within that classification category of employment within that county: Provided, however, That the vote shall be by secret ballot if requested by a service personnel employee within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment shall be prorated accordingly. When performing extra duty assignments, employees who are regularly employed on a one-half day salary basis shall receive the same hourly extra duty assignment pay computed as though the employee were employed on a full- day salary basis.
(10) The minimum pay for any service personnel employees engaged in the removal of asbestos material or related duties required for asbestos removal shall be their regular total daily rate of pay and no less than an additional three dollars per hour or no less than five dollars per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos related duties. Related duties required for asbestos removal include, but are not limited to, travel, preparation of the work site, removal of asbestos decontamination of the work site, placing and removal of equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos related duties outside of the employee's regular employment county, the daily rate of pay shall be no less than the minimum amount as established in the employee's regular employment county for asbestos removal and an additional thirty dollars per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be payable entirely from county funds. Before service personnel employees may be utilized in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act.
(11) For the purpose of qualifying for additional pay as provided in section eight, article five of this chapter, an aide shall be considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort or render service to a child or children when not under the direct supervision of certificated professional personnel within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds or wherever supervision is required. For purposes of this section, 'under the direct supervision of certificated professional personnel' means that certificated professional personnel is present, with and accompanying the aide."
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 108), and there were--yeas 20, nays 76, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Andes, Armstead, Azinger, Blair, Border, Cann, Carmichael, Cowles, Doyle, Duke, Ireland, Kessler, Lane, Miller, J, Overington, Porter, Schadler, Stalnaker, Tabb and Walters.
Absent And Not Voting: Hutchins, Marshall and Moore.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
The Clerk next reported an amendment by Delegate Cann, as follows:
On page twelve, section two, following line eighty-seven, by inserting a new subsection (c), to read as follows:
"(c) Five thousand dollars shall be paid annually to each classroom teacher who:
(1) Holds full state certification to teach in the subject area of mathematics and teaches in this subject area in grades seven through twelve; or
(2) Holds full state certification to teach in the subject area of science and teaches in this subject area in grades seven through twelve; or
(3) Holds full state certification as a reading specialist.
(e) Payments pursuant to subsection (e) of this section shall be:
(1) In addition to any amounts prescribed in the applicable state minimum salary schedule;
(2) Paid in equal monthly installments; and
(3) Considered a part of the state minimum salaries for teachers."
Delegate Cann then asked and obtained unanimous consent to withdraw the foregoing amendment.
There being no further amendments, the bill was then ordered to engrossment and third reading.
Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate Cann regarding his amendment to Com. Sub. for H. B. 2777 be printed in the Appendix to the Journal.
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. 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 plans;
First Reading

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; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Miscellaneous Business

Delegate Doyle announced that he was absent when the vote was taken on Roll No. 102 , and that had he been present, he would have voted "Yea" thereon.
At 12:47 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * * * * * * *

Evening Session

* * * * * * * * * * * *

At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman 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:
S. B. 96, Authorizing fire department-owned apparatuses use yellow flashing lights, 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 the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 96) to the Committee on the Judiciary was abrogated.
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:
S. B. 169, Requiring insurance companies obtain title to certain totaled vehicles,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 169) to the Committee on the Judiciary was abrogated.
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:
S. B. 412, Providing penalties for hand held cell phone violations by minor while driving,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 412) 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. 2436, Modifying the Nurse Overtime and Patient Safety Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2436 - "A Bill to amend and reenact §21-5F-3 and §21-5F-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the Nurse Overtime and Patient Safety Act; requiring posting of notice of nurse's rights; requiring Commissioner of Labor to have a notification procedure, including signs that must be posted; and requiring commissioner to keep complaints anonymous until a finding of merit,"
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 (Com. Sub. for H. B. 2436) to the Committee on Finance 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. 2194, Authorizing issuance of warrants to extract blood analysis of persons charged with driving under the influence,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2194 - "A Bill to amend and reenact §17C-5-4 and §17C-5-7 of the Code of West Virginia, 1931, as amended, all relating to requiring drivers to submit to evidentiary breath tests, blood or urine tests; setting forth requirements for blood or urine tests; authorizing issuance of warrants to perform chemical analysis of the blood or urine of persons charged with driving under the influence; and penalties,"
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. 2078, Clarifying the procedure for tagging bear, bobcats, deer and wild turkey taken while hunting,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2078 - "A Bill to amend and reenact §20-2-22 of the Code of West Virginia, 1931, as amended, relating to tagging of certain game; providing tagging procedure; completing and placing the game tag; reporting to a conservation officer or an official checking station and providing penalties,"
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. 2908, Removing an outdated reference to the assessed value of livestock used to determine the value of livestock killed by a bear,
And,
H. B. 2909, Assessing a fee for processing scientific collecting permits, And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2406, Providing that in the event a yearling was born in another state and transported to this state, the definition of "Raiser of an accredited West Virginia horse" does not apply to any pari-mutuel racing facility in Jefferson County,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2406 - "A Bill to amend and reenact §19-23-3 of the Code of West Virginia, 1931, as amended, relating to providing that in the event a yearling was born in another state and transported to this state, the definition of 'Raiser of an accredited West Virginia horse' does not apply to any pari-mutuel racing facility in Jefferson County; and providing for a five-year sunset provision relative to the applicability of this definition at any pari-mutuel racing facility in Ohio County,"
H. B. 2709, Requiring the installation of fire hydrants at intervals of not more than every two thousand feet on all new installation of water mains,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2709 -"A Bill to amend and reenact §8-19-21 of the Code of West Virginia, 1931, as amended, relating to municipal and county waterworks systems and specifications for water mains generally; and requiring the installation of fire hydrants at intervals of not more than every two thousand feet on all water mains installed or upgraded on platted roadways or highways after the first day of July, two thousand seven,"
And,
H. B. 3036, Reforming, altering and modifying the county commission of Hampshire County,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3036 - "A Bill to reform, alter and modify the county commission of Hampshire County under the provisions of section 13, article IX of the Constitution of West Virginia,"
With the recommendation that the committee substitutes each do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3006, Limiting the number of terms a member of the Board of Physical Therapy may serve,
And,
H. B. 3090, Transferring the Weston State Hospital Institutional Farm to the Department of Health and Human Resources,
And reports the same back with the recommendation that they each do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S.B. 274, Authorizing Division of Highways promulgate legislative rules relating to transportation of hazardous wastes upon roads and highways,
And reports the same back without recommendation as to its passage, 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. 274) was referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2747, Regulating plumbers and fire protection workers,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. For H. B. 2747 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-14-1, §21-14-2, §21-14-3, §21-14-4, §21- 14-5, §21-14-6, §21-14-7, §21-14-8 and §21-14-9; and to amend said code by adding thereto a new article, designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7, §29-3D-8 and §29-3D-9, all relating to regulating plumbers and fire protection workers; requiring plumbers and fire protection workers to be licensed; defining certain terms; providing certain exemptions to the requirement of a license; providing rulemaking authority to establish qualifications, provide exceptions to examination requirements in certain circumstances, fees, reciprocity provisions and complaint procedures; providing enforcement procedures; authorizing fines and criminal penalties for noncompliance; and providing that no political subdivision of the state may mandate additional licensing requirements."
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3054, Making changes to the Board of Dental Examiners,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. For H. B. 3054 - "A Bill to amend and reenact §30-4-4 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Board of Dental Examiners; changing the composition of the board; providing that a dental hygienist connected with a dental college, school or dental department of a university is eligible for appointment to the board; and requiring four years to lapse following the completion of two full terms before a former member may be reappointed to the board,"
H. B. 2527, Revising the sunrise review process,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. For H. B. 2527 - "A Bill to repeal §30-1A-2a of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-1A-2, §30-1A-3 and §30-1A-5 of said code, all relating to sunrise law; requiring applications for substantial revision or expansion of the scope of practice of regulated professions and occupations; modifying the criteria to be considered in the decision to regulate a profession or occupation; requiring certain findings in the sunrise report; and requiring reapplication if the Joint Standing Committee on Government Organization does not approve the application."
And,

H. B. 2145, Defining limited use residence elevators in public places,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2145 - "A Bill to amend and reenact §21-3C-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21-3C-2a, all relating to limited use/limited access elevators; prohibiting installation of certain elevators after a certain date; exemptions; and establishing requirements for the installation of limited use/limited access elevators."
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3072, Relating to defining "charitable exemptions" for purposes of the municipal business and occupation tax.
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2130, Eliminating any reduction in the benefit of a deputy sheriff who is disabled on the job,
And reports the same back, with a title amendment, with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2253, Providing certain correctional officers be transferred into the civil service system as covered employees,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2253 - "A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931, as amended, relating to requiring classified service designation for certain Regional Jail and Correctional Facility Authority employees,"
H. B. 2717, Enacting a retirement system for Emergency Medical Services Personnel,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2717 - "A Bill to amend and reenact §5-10A-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-10D-1 of said code; and to amend said code by adding thereto a new article, designated §16-5V-1, §16-5V-2, §16-5V-3, §16-5V-4, §16-5V-5, §16-5V-6, §16-5V-7, §16-5V-8, §16-5V-9, §16-5V-10, §16-5V-11, §16-5V-12, §16-5V-13, §16-5V-14, §16-5V-14a, §16-5V-15, §16-5V-16, §16-5V-17, §16-5V-18, §16-5V-19, §16-5V-20, §16-5V-21, §16-5V-22, §16-5V-23, §16-5V-24, §16-5V-25, §16-5V-26, §16-5V-27, §16-5V-28, §16-5V-29, §16-5V-30, §16-5V-31, §16-5V-32, §16-5V-33 and §16-5V-34, all relating to the Consolidated Public Retirement Board; providing that the board administer the Emergency Medical Services Retirement System; establishing the Emergency Medical Services Retirement System; setting forth definitions including application of honorable service condition to plan participants; providing effective dates and voting requirement; establishing federal qualification requirements; providing for liberal construction; providing that plan is not a substitute for social security; providing for and setting membership standards; setting forth required contributions from members and employers; creating fund and providing for investments; providing for transfer from Public Employees Retirement System; setting time limits; setting forth notice requirements; providing for the commencement of benefits, federal law maximum benefit limitations, minimum required distributions and direct rollovers; providing for retirement credited through member's use of accrued annual or sick leave; providing for retirement benefits; setting forth annuity options; providing for refunds in certain circumstances; providing for deferred retirement; providing for forfeitures of benefits; providing awards and benefits for duty-related disability and for other causes; requiring physical examinations; establishing criteria for termination of disability; providing for prior disability; providing awards and benefits to surviving spouse and additional death benefits and scholarships for dependent children; providing for burial benefit; prohibiting double death benefits; establishing exemption from taxation, garnishment and other process; authorizing certain deductions; establishing the effect of qualified domestic relation orders; prohibiting fraud; establishing criminal penalties; requiring repayment in certain circumstances; providing for treatment of prior military service; establishing effective date of the system; providing voluntary employer participation; establishing starting date for benefits; limiting county liability; and providing for no forfeiture of benefits if system terminates,"
H. B. 2796, Reducing federal adjusted gross income for contributions to public institutions of higher education,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2796 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to providing a modification reducing federal adjusted gross income for personal income tax purposes for contributions to certain West Virginia public institutions of higher education and certain educational corporations, trusts, funds or foundations; and specifying limitations,"
H. B. 2877, Funding entities ensuring public safety on state highways,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2877 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-12 of said code; and to amend and reenact §17C-17B-3 and §17C-17B-4, all relating to the funding of entities ensuring transportation public safety on state highways; eliminating certain funding from the state road fund or reimbursement from the Division of Motor Vehicles; and providing for the funding of a courtesy patrol,"
H. B. 2945, Providing for tax credits for apprenticeship training in construction trades,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2945 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1, relating to providing for tax credits for apprenticeship training in construction trades,"
H. B. 2973, Declaring certain claims against the state to be moral obligations of the state and directing the Auditor to issue warrants for the payment thereof,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2973 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1, relating to providing for tax credits for apprenticeship training in construction trades,"
And,
H. B. 3048, Providing credit for specified high technology manufacturers,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3048 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13Q-10a, relating to the economic opportunity tax credit; providing credit for specified high technology manufacturers; specifying definitions,"
With the recommendation that the committee substitutes each do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2918, Authorizing county boards of education to pay five hundred dollars to any service employee who gives notification of resignation or retirement,
And reports back a committee substitute therefor, with the same title, as follows: Com. Sub. for H. B. 2918 - "Authorizing county boards of education to pay five hundred dollars to any service employee who gives notification of resignation or retirement,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2918) to the Committee on Finance was abrogated.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2324, Allowing spouses who are employed by the same county board of education to transfer unlimited accumulated sick leave to each other,
And reports back a committee substitute therefor, with a new title, as follows: Com. Sub. for H. B. 2324 - "A Bill to amend and reenact §18A-4-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-4-10c of said code; and to further amend said code by adding thereto two new sections, designated §18A-4-10e and §18A-4-10f, all relating to accrued and transferred personal leave for school personnel; allowed and restricted uses for personal leave; requiring county boards to establish certain personal leave donation banks and programs; bank and program requirements and limitations; requiring adoption of bank and program rules; authorizing unlimited transfer of personal leave in certain circumstances,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2324) to the Committee on Finance was abrogated.
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
S. B. 395 - "A Bill to amend and reenact §30-3A-1 and §30-3A-2 of the Code of West Virginia, 1931, as amended, all relating to the management of pain by physicians; eliminating the definition of intractable pain and defining the word pain; and making conforming amendments to the Pain Management Act"; which was referred to the Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. C. R. 10, Requesting state and federal government recognize Berkeley and Jefferson counties as part of historic Shenandoah Valley.
On motion of Delegate DeLong, the resolution was taken up for immediate consideration.
On the further motion of Delegate DeLong, the House of Delegates receded from its amendment.
Com. Sub. for S. C. R. 10 was then adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leave of absence for the day was granted Delegate Hutchins.
Miscellaneous Business

Delegate Marshall announced that she was absent today when the votes were taken on Roll Nos. 101 through 108, and that had she been present, she would have voted "Yea" on Roll Nos. 101 through 107 and "Nay" on Roll No. 108.
Delegate Walters announced that he was absent on yesterday when the votes were taken on Roll Nos. 93 through 100, and that had he been present, he would have voted "Yea" thereon.
At 5:37 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 23, 2007.