__________*__________
Wednesday, February 28, 2007
FIFTIETH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, February 27, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 55, Requesting the Joint Committee on Government and Finance undertake a study
of alternative processes to ensure the viability of smaller water and sewer utilities.
And reports the same back with the recommendation that it be adopted.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 187, Relating to WV Performance Review Act,
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:
S. B. 104, Establishing date Consolidated Public Retirement Board shall make annuity
payments,
Com. Sub. for S. B. 105, Imposing surcharge on certain fees due Deputy Sheriff Retirement
Fund,
S. B. 335, Providing funding for WV Affordable Housing Trust Fund,
And,
S. B. 484, Finding and declaring certain claims against state,
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:
Com. Sub. for S. B. 274, Authorizing Department of Transportation promulgate legislative
rules,
And reports the same back with the recommendation that it do pass.
Delegate Doyle, from the Joint Committee on Enrolled Bills, submitted the following report,
which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 16th
day of February, 2007, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 138), Repealing code section relating to requirement nonresidents secure costs,
(S. B. 139), Denying petition for name change in certain cases,
(S. B. 140), Relating to depositing certain moneys into magistrate court fund,
(S. B. 141), Providing family court jurisdiction over sibling visitation petitions.
And,
(S. B. 217), Extending time for Piedmont city council to meet as levying body.
Delegate Doyle, from the Joint Committee on Enrolled Bills, submitted the following report,
which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 20th
day of February, 2007, presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 2141), Raising the age at which a person may request to be excused from jury duty
from sixty-five to seventy.
Delegate Doyle, from the Joint Committee on Enrolled Bills, submitted the following report,
which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23rd
day of February, 2007, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 142), Providing penalty for illegally possessing, possessing with intent to distribute
or distributing an iodine matrix,
(S. B. 205), Clarifying violations of protective orders,
And,
(S. B. 360), Extending time local levying bodies may meet.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 276, Authorizing Department of Military Affairs and Public Safety
promulgate legislative rules,
And,
Com. Sub. for S. B. 314, Authorizing Department of Education and the Arts promulgate
legislative rules,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 55 - "A Bill to repeal §43-2-4 and §43-2-5 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §43-2-1, §43-2-2 and §43-2-3 of said code,
all relating to updating the mortality tables and interest rate used in the valuation of a life estate; and
repealing antiquated sections relating to inchoate right of dower"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 84 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18-5-9c, relating to allowing a county board of
education to enter into a lease-purchase agreement for land, buildings and equipment"; which was
referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 95 - "A Bill to amend and reenact §18-20-2 of the Code of West
Virginia, 1931, as amended; to amend and reenact §18A-4-8a of said code; and to amend and reenact
§18A-5-8 of said code, all relating to requiring county boards of education to make certain training available to all regularly employed teachers' aides; increasing the pay grade for autism mentors; and,
subject to other provisions, prohibiting an aide or autism mentor from transferring to another
position after the fifth day prior to the beginning of the instructional term"; which was referred to
the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 100 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18A-2-14, relating to requiring local school boards to
reimburse school personnel for mileage expended for the use of their own vehicle in the course of
their employment at a minimum rate at least the same as the state mileage reimbursement rate";
which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 117 - "A Bill to amend and reenact §27-6A-1, §27-6A-2, §27-6A-3,
§27-6A-4, §27-6A-5, §27-6A-6, §27-6A-7, §27-6A-8 and §27-6A-9 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new section, designated §27-6A-10,
all relating to the determination of a person's competency to stand trial and of criminal responsibility
generally; addressing court jurisdiction over persons found not guilty by reason of mental illness;
defining terms requiring release from jurisdiction of the court under certain circumstances; requiring
periodic review of person found incompetent to stand trial; establishing time limits for motions and
hearings; adding provisions for forensic evaluations and evaluators; and addressing evaluations of
diminished capacity and dangerousness"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 129 - "A Bill to amend and reenact §5-16-25 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §5-16D-1 and §5-16D-6; all relating generally
to the Public Employees Insurance Agency; and the allocation by the Public Employees Insurance
Agency Finance Board of employer contributions to the West Virginia Retiree Health Benefit Trust
Fund"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 165 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18-2-35a, relating to establishment of the school
uniforms incentive plan pilot program; providing funding for certain public elementary schools
which adopt and implement school uniform policies; directing how funds may be spent; and
requiring progress report to the Legislative Oversight Commission on Education Accountability";
which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
Com. Sub. for S. B. 169, Requiring insurance companies obtain title to certain totaled
vehicles.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 175 - "A Bill to amend the Code of West Virginia, l931, as amended,
by adding thereto a new article, designated §60A-11-1, §60A-11-2, §60A-11-3, §60A-11-4, §60A-
11-5 and §60A-11-6, all relating to regulation and procedures for the remediation of clandestine drug laboratories; defining terms; establishing a program of certification and licensing of persons engaged
in the business of remediation; providing for legislative rules; authorizing the Department of Health
and Human Resources to establish fees for certification, licensing and notification requirements;
setting forth the responsibility of law-enforcement agencies to notify the Department of Health and
Human Resources and residential property owners of the existence of a clandestine drug laboratory;
setting forth the responsibility of residential property owners for remediation of clandestine drug
laboratories; providing immunity from liability for innocent property owners who successfully
remediate a clandestine drug laboratory; and establishing civil penalties for persons convicted
pursuant to subsection (d), section four, article ten of said chapter and whose actions resulted in the
necessity of remediation of a clandestine drug laboratory"; which was referred to the Committee on
the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 185 - "A Bill to amend and reenact §4-11A-1, §4-11A-2 and §4-11A-3
of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto fourteen
new sections, designated §4-11A-1a, §4-11A-6, §4-11A-7, §4-11A-8, §4-11A-9, §4-11A-10, §4-
11A-11, §4-11A-12, §4-11A-13, §4-11A-14, §4-11A-15, §4-11A-16, §4-11A-17 and §4-11A-18,
all relating to legislative appropriation of tobacco settlement funds; setting forth legislative findings
and purposes; receipt of settlement funds and required deposit in West Virginia Tobacco Settlement
Medical Trust Fund; receipt of settlement funds and required deposit in the West Virginia Tobacco
Settlement Fund; creating Tobacco Settlement Finance Authority and providing for general powers;
establishing governing board of the authority; defining staff of the authority; limiting liability;
providing certain definitions; authorizing sale of rights in a master settlement agreement; authorizing
bonds of the authority; providing for the use of proceeds of bonds of the authority; providing an
exemption from state purchasing provisions; providing bankruptcy provisions; establishing the dissolution of the authority; ensuring a revenue source remains for the unfunded liabilities of the Old
Fund to replace previous legislative appropriation of tobacco settlement funds for the benefit of the
Old Fund; and construction of article"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 189 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30-
41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10, §30-41-11, §30-41-12, §30-41-13, §30-41-14, §30-
41-15, §30-41-16, §30-41-17, §30-41-18, §30-41-19, §30-41-20, §30-41-21, §30-41-22, §30-41-23
and §30-44-24, all relating to regulating the practice of marriage and family therapy; legislative
findings; definitions; creating the Marriage and Family Therapy Board of Examiners; powers and
duties of the board; license and temporary permit requirements; exemptions; scope of practice;
hearing and notice requirements; providing a civil cause of action; criminal penalties; and
continuation of the board"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 361 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §31-20-30, relating to authorizing the Executive Director
of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program
for qualified inmates in regional jail facilities; providing accounting procedures and requirements;
specifying required deductions from earnings; permitting transfer of funds to the Commissioner of
Corrections; and authorizing legislative rules"; which was referred to the Committee on Government
Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 381 - "A Bill to amend and reenact §33-4-8 of the Code of West
Virginia, 1931, as amended; to amend and reenact §33-41-8 and §33-41-11 of said code; and to
amend said code by adding thereto a new section, designated §33-41-8b, all relating to insurance
fraud; clarifying that the insurance code contains specific criminal penalties for felony offenses;
authorizing certain employees of the fraud unit of the Insurance Commissioner to investigate fraud
relating to the Public Employees Insurance Agency and to present criminal complaints directly to
a magistrate with the approval of a prosecuting attorney; and modifying the monetary threshold for
felonies to comport with general felony provisions"; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 386 - "A Bill to amend and reenact §29B-1-4 of the Code of West
Virginia, 1931, as amended, relating to exempting from public disclosure specific engineering plans
of existing public utility plants and equipment; and exempting telecommunication companies from
public disclosure of information that they are required not to disclose by federal regulations"; which
was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 393 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §5B-1-1a, relating to creating the Marketing and
Communications Office to be administered by the Department of Commerce; providing marketing
and communications goods and services to other state agencies; setting fees; creating a special revenue account; providing for expenditure of funds; and providing sunset provisions"; which was
referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 403, A Bill to amend and reenact §7-15-16 of the Code of West Virginia, 1931, as
amended, relating to increasing the limitation requiring sealed bids for certain purchases and
contracts entered into by emergency ambulance service authorities"; which was referred to the
Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 406 - "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'"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
S. B. 412 - "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as
amended, relating to providing penalties for violation of prohibited use of a handheld wireless
communication device while driving by a minor holding a level one instruction permit or a level two
intermediate driver's license".
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. 441 - "A Bill to amend and reenact §11-6A-5a of the Code of West Virginia, 1931, as
amended; to amend and reenact §11-13-2o of said code; and to amend said code by adding thereto
a new section, designated §11-13-2p, all relating generally to tax treatment of wind power projects;
imposing limitation on salvage valuation of facilities at a wind power project; increasing taxable
generating capacity of wind power-generating unit for business and occupation tax purposes; and
providing credit against additional business and occupation tax liability for certain contractually
agreed contributions to specified counties, county school boards or municipalities"; which was
referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 452 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §18-31-1, §18-31-2, §18-31-3, §18-31-4, §18-31-5, §18-
31-6 and §18-31-7, all relating to the West Virginia Kids First Act; legislative findings; creating
West Virginia Kids First for the purpose of improving the quality and accountability of early
childhood development; creating a board to govern West Virginia Kids First; setting forth powers
of the board effective only upon the effective date of required legislative rules; setting forth duties
of the board; limiting the board's authority for programs of the West Virginia Department of
Education; requiring that the department be consulted about any education component of programs
for children zero to three; limiting implementation of West Virginia Kids First; and providing for
the sunset of the board"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 474 - " A Bill to amend and reenact §30-3-12 and §30-3-16 of the Code
of West Virginia, 1931, as amended, all relating to licenses to practice medicine and surgery, podiatry and to work as a physician assistant; requiring licenses to automatically expire if required
continuing education is not timely documented to the Board of Medicine; specifying requirements
for reinstatement of license; and criminal penalties"; which was referred to the Committee on
Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 475 - "A Bill to amend and reenact §8A-8-11 and §8A-8-12 of the Code
of West Virginia, 1931, as amended, all relating to appeals to the Board of Zoning Appeals;
clarifying time period for written decision by board; automatic dismissal if time period not met;
clarifying stays; and authorizing stay exemptions"; which was referred to the Committee on
Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 490 - "A Bill to amend and reenact §22-17-22 of the Code of West Virginia, 1931, as
amended, relating to the Underground Storage Tank Insurance Fund; providing for expiration of the
fund and disposal of its assets; directing the Department of Environmental Protection to assist certain
policyholders reclaim sites insured by the fund; providing that the Department of Environmental
Protection is not liable for claims against the fund nor may be bound to policy terms; providing
legislative findings; directing the Secretary of the Department of Environmental Protection to
develop a plan to cause remediation of these sites; authorizing the Secretary of the Department of
Environmental Protection to place conditions on remediation recipients; establishing criteria and
preconditions for remediations; allowing persons who have undertaken remediation or expended
funds to undertake remediation of sites to be reimbursed expenses; and allowing the secretary to
establish conditions for reimbursement for prior or future remediations of insured sites"; which was referred to the Committee Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 510 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as
amended, relating to allowing a member of the State Board of Education to participate in the public
employees insurance program if he or she pays the entire cost of the premium"; which was referred
to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 518 - "A Bill to amend and reenact §9-9-3, §9-9-6, §9-9-7, §9-9-8 and
§9-9-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto
two new sections, designated §9-9-21 and §9-9-22, all relating to bringing the West Virginia Works
Program into compliance with federal law as required by the Deficit Reduction Act; providing for
state funding of two- and four-year post-secondary education for West Virginia Works eligibility;
and providing for state funding for two-parent families to remain eligible for West Virginia Works";
which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 524 - "A Bill to amend and reenact §22C-4-10 of the Code of West
Virginia, 1931, as amended, relating to proof of lawful disposal of solid waste as a defense to a
violation of disposal law; and establishing penalties for littering"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 526 - "A Bill to amend and reenact §7-14-15 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §8-14-19 of said code, all relating to the political activities of
deputy sheriffs and municipal police officers; amending the list of prohibited political activities by
deputy sheriffs and municipal police officers; providing certain exceptions; prohibiting deputy
sheriffs and municipal police officers from being candidates for or holding public office in the
county or municipality where employed; prohibiting deputy sheriffs and municipal police officers
from soliciting political contributions or donations from members or employees of the county or
municipality; setting forth certain permissible activities; and providing penalties for appointed or
elected officials who violate the provisions of this bill"; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 529 - "A Bill to amend and reenact §61-8B-16 of the Code of West
Virginia, 1931, as amended, relating to prohibiting any requirement that an alleged victim of a sexual
offense must pay for the costs of a forensic medical examination, participate in the criminal justice
system or cooperate with law enforcement in order to receive a forensic medical examination; and
clarifying that licensed medical facilities may seek payment from the alleged victim or his or her
insurer for services rendered other than the forensic medical examination"; which was referred to
the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 550 - "A Bill to amend and reenact §48-2-402 of the Code of West Virginia, 1931, as amended, relating to the maintenance of a registry for registration and renewal of persons authorized
to perform marriages; eliminating the bonding requirement; providing for the removal of a registrant
to inactive status; and establishing a fee for reactivation of a registrant on inactive status"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 561 - "A Bill to amend and reenact §17-23-4 of the Code of West Virginia, 1931, as
amended, relating to removing the exemption for salvage yards licensed before one thousand nine
hundred eighty-eight from the screening provisions of said section"; which was referred to the
Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 599 - "A Bill to amend and reenact §18A-2-2 of the Code of West
Virginia, 1931, as amended, relating to eliminating the five hundred dollar early notification bonus
for a classroom teacher who gives early notification of his or her resignation from employment at
the end of the school year; providing that only a retiring classroom teacher who gives early
notification is eligible for the bonus; and making certain technical amendments"; which was referred
to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 606 - "A Bill to amend and reenact §3-3-5 of the Code of West Virginia,
1931, as amended, relating to absentee voting; providing that the application for absentee voting may
be distributed and returned by electronic mail; providing procedures for distribution and return of absentee ballots by electronic mail; providing for distribution and return by facsimile of ballots for
an absent uniformed services voter or overseas voter; and providing procedures for tabulating
facsimile ballots"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 607 - "A Bill to amend and reenact §3-1-9 of the Code of West Virginia,
1931, as amended, relating to political party executive committees; requiring clerk of county
commission to report election of members of and vacancies on executive committees; establishing
definite terms of office for executive committee members; providing time after election of executive
committee members for holding organizational meeting; changing time to fill vacancies on executive
committees; setting time for submission of changes in executive committee membership to the
Secretary of State; removing deadline for chair of executive committee to fill vacancies; and
providing for chair of state executive committee to fill vacancy on district executive committee
where chair of county executive committee fails to fill vacancy"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub, for S. B. 610 - "A Bill to amend and reenact §3-4A-1, §3-4A-8, §3-4A-23, §3-
4A-26 and §3-4A-28 of the Code of West Virginia, 1931, as amended, all relating to electronic
voting systems generally; requiring each county to develop a policy for securing electronic voting
equipment; requiring vendor of electronic voting equipment to provide an annual report of any
difficulties with electronic voting machines; restricting certain recording and electronic devices from
the voting booth; providing for additional testing of electronic voting machines in certain
circumstances; providing for testing a set of preaudited group of ballots; and allowing qualified individuals to demand recount"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 612 - "A Bill to amend and reenact §20-7-9 of the Code of West
Virginia, 1931, as amended, relating to increasing the criminal penalties for violation of certain
hunting and fishing laws by nonresidents"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 615 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §8-19-2, relating to authorizing a municipality that owns and operates an
electric power system to enter into certain contracts with other parties to purchase electric power and
energy from certain projects"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 616 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §8-19-2, relating to authorizing a municipality that owns
and operates an electric power system to enter into certain contracts with other parties to purchase
electric power and energy from certain projects"; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 617 - "A Bill to amend and reenact §3-2-4a, §3-2-5, §3-2-6, §3-2-11, §3-2-13 and §3-2-30 of the Code of West Virginia, 1931, as amended, all relating to voter
registration; providing for the voting history of a voter on the statewide registration system;
providing that agencies may not withhold information for statewide voter registration system without
a court order; allowing for Division of Motor Vehicles' identification card in lieu of driver's license
for voter registration purposes; providing that the voter has four business days to correct errors on
voter registration card; requiring the Department of Revenue to provide a check box for voter
registration interest; requiring voting coordinators to receive training; removing provisions requiring
manual voter registration lists by county clerks in lieu of electronic files; requiring county clerk to
provide a copy of voter registration list availability policy to the Secretary of State's office; and
modifying the cost of purchasing the voter registration list"; which was referred to the Committee
on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 618 - "A Bill to amend and reenact §3-6-4a of the Code of West Virginia, 1931, as
amended, relating to filing requirements for write-in candidates; and requiring a certificate of
announcement to be filed no later than forty-two days before an election"; which was referred tothe
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 619 - "A Bill to amend and reenact §3-1-34 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §3-4A-16 and §3-4A-30 of said code, all
relating to election day procedures and preparation; providing for handicapped individuals to vote
on election day; providing that clerks must assure voter privacy by placement of voting devices
and/or booths; and providing for sufficient space and notice of precinct consolidation"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 626 - "A Bill to amend and reenact §49-1-3 and §49-1-4 of the Code of West Virginia,
1931, as amended; and to amend and reenact §49-5D-2 and §49-5D-3 of said code, all relating to
child advocacy centers; defining terms; providing for role of a child advocacy center in
multidisciplinary teams; and providing for the role of a child advocacy center in multidisciplinary
treatment teams."
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
bill (S. B. 626) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
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. 631 - "A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as
amended, relating to the consumers sales and service tax generally; and providing a refundable
exemption for purchases by a contractor when the purchased materials will be used or consumed in
the construction, alteration, repair or improvement of a new or existing building or structure to be
used primarily by persons or entities exempt from the consumers sales and service tax on purchases";
which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 641 - "A Bill to amend and reenact §61-2-10b of the Code of West
Virginia, 1931, as amended, relating to defining the term 'Public Service Commission motor carrier inspectors and enforcement officers' for purposes of inclusion into the criminal provisions
concerning malicious and unlawful wounding and battery and assault of law-enforcement officers."
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
bill (Com. Sub. for S. B. 641) to a committee was dispensed with.
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. 642 - "A Bill to amend and reenact §30-29-1 and §30-29-5 of the Code of West
Virginia, 1931, as amended, all relating to modifying the definition of 'law-enforcement officer' to
include Public Service Commission motor carrier inspectors and enforcement officers; and providing
certain certification requirements are applicable to Public Service Commission motor carrier
inspectors and enforcement officers by the first day of July, two thousand seven"; which was referred
to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 679 - "A Bill to amend and reenact §22-26-1, §22-26-2, §22-26-3, §22-
26-5 and §22-26-6 of the Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto four new sections, designated §22-26-7, §22-26-8, §22-26-9 and §22-26-10, all
relating to the Water Resources Protection and Management Act; establishing legislative findings;
defining certain terms; continuing the water resources survey; continuing mandatory registration of
certain water users; requiring reports to the Legislature; requiring development of county, regional
and state water resources plans; setting forth powers and duties of the Secretary of Department of
Environmental Protection with regard to development of water resources plans; creating county
water resources boards and establishing powers and duties; creating regional water resources
planning commissions and establishing powers and duties; establishing criteria for state, regional and county water resources plans; authorizing development of critical area water resources plans;
and establishing criteria for critical area water resources plans"; which was referred to the Committee
on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 681 - "A Bill to repeal §5E-1-6, §5E-1-7, §5E-1-17 and §5E-1-22 of
the Code of West Virginia, 1931, as amended; to repeal §5E-2-5 of said code; and to amend and
reenact §5E-1-1, §5E-1-2, §5E-1-4, §5E-1-5 and §5E-1-8 of said code, all relating generally to West
Virginia Capital Company Act; renaming the act the Community Redevelopment Act; eliminating
authority to grant tax credits to capital companies, economic development and technology
advancement centers and West Virginia business development corporations; modifying declaration
of policy; removing, deleting, amending or adding definitions of certain terms; allowing tax credits
to be awarded to certified West Virginia small business investment companies and certified
community development venture capital funds; extinguishing authority of economic development
authority to promulgate legislative rules relating to economic development and technology
advancement centers; authorizing the Department of Commerce to promulgate rules to measure the
economic and social impacts of the investments; requiring the authority to prepare an annual report
on the economic and social impacts of the investments; specifying amount of tax credits that may
be awarded in the aggregate and to any one company of fund; specifying internal dates; and repealing
obsolete language"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 704 - "A Bill to amend and reenact §31E-1-129 of the Code of West Virginia, 1931,
as amended, relating to nonprofit corporations generally; prohibiting destruction, alteration or falsification of documents; establishing whistle-blower protections; and providing criminal
penalties"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 707 - "A Bill to repeal §7-8-13 of the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto a new section, designated §31-20-30, all relating to amount,
collection of and refunding of jail processing fees"; which was referred to the Committee on the
Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 708 - "A Bill to amend and reenact §29-19-5 and §29-19-6 of the Code of West
Virginia, 1931, as amended, all relating to the registration of certain charities; and exemptions from
registration"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 721 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §11-10F-1, §11-10F-2, §11-10F-3, §11-10F-4 and §11-
10F-5, all relating to tax map sales"; which was referred to the Committee on the Judiciary then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 746 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §29-6-7a, relating to Division of Personnel; and requiring the director to
report on a centralized personnel system"; which was referred to the Committee on Government
Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2007,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 747 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §8-1-5a; and to amend and reenact §8-1-7 of said code, all relating to
creating the Municipal Home Rule Pilot Program; legislative findings and intent; eligibility
requirements; creating the Municipal Home Rule Board; powers of the board and participating
municipalities and metro governments; requiring performance review; reporting requirements;
terminating pilot program; certain grandfather provisions; and reaffirming home rule powers for all
municipalities"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 748 - "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, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8,
§5B-4-9, §5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13 and §5B-4-14; and to amend said code by adding
thereto a new article, designated §18-31A-1 and §18-31A-2, all relating to structuring the Electronic
Telecommunication Open Infrastructure Act (ETOPIA); conducting an inventory and developing
coordinated deployment and operation of technology infrastructure within this state; definitions;
legislative findings; technology infrastructure inventory, local government cooperation, inventory
survey reporting requirements, rule-making authority of Secretary of Department of Administration;
exemption from disclosure of confidential information; creating Joint Legislative Oversight
Commission on Transportation and Infrastructure; powers and duties of the Secretary of Commerce; rule-making authority of Council for Community and Economic Development relating to secretary;
study by secretary and inventory of management practices of technology and technology
infrastructure; reporting requirements; providing technical and funding assistance to develop
technology infrastructure; authorizing secretary to engage in consulting services for fee; contractual
and joint venture agreements; liberal construction of article; and utilizing broadband infrastructure,
technology and information to enhance early childhood development"; which was referred to the
Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 754 - "A Bill to amend and reenact §3-8-9 of the Code of West Virginia, 1931, as
amended, relating to campaign expenditures; clarifying language on contributions from political
committees to certain other political committees; clarifying language regarding expenditures and
contributions; prohibiting candidate committees from contributing to another candidate committee
except in certain circumstances; and prohibiting political action committees from contributing to
other political action committees except in certain circumstances"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 757 - "A Bill to extend the time for the town council of the town of Smithers, Fayette
County, to meet as a levying body for the purpose of presenting to the voters of the town an election
to continue an additional town levy for solid waste services and retirement benefits from between
the seventh and twenty-eighth days of March and the third Tuesday in April until the thirty-first day
of March, two thousand seven"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 49 - "Urging the Governor initiate, sponsor and encourage the process whereby a
state cemetery for veterans may be established and maintained."
Whereas, In 1979, the Legislature passed Enrolled Senate Bill No. 551 (Establishing
veterans' cemetery by department of veterans' affairs); and
Whereas, That law empowers the Department of Veterans' Affairs to establish and maintain
a state veterans' cemetery to be centrally located within the state, giving the department authorization
to receive funds and to propose rules for promulgation; and
Whereas, Now, 27 years later, when the nation is embroiled in yet another war to which this
state is sending troops to fight and sometimes die, the veterans still have no state cemetery because
that law has never been acted upon; and
Whereas, Interest and encouragement from the Governor might have the effect of jump-
starting this long-overdue project which is badly needed and has certainly been earned by the brave
persons who have served in the United States armed forces; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor is urged to initiate, sponsor and encourage the process whereby a state
cemetery for veterans may be established and maintained; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Honorable Joe Manchin, Governor of the State of West Virginia, Larry Linch,
Director, West Virginia Division of Veterans' Affairs, West Virginia Veterans' Coalition and West
Virginia's congressional delegation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 50 - "Requesting the West Virginia congressional delegation sponsor creation of a
new national veterans' cemetery in southern West Virginia."
Whereas, There now exist two national veterans' cemeteries in West Virginia, one in
Grafton and one in Pruntytown, both in the north central part of the state, located within ten miles
of each other; and
Whereas, The majority of veterans in West Virginia live in southern West Virginia, with
19,000 veterans living in Kanawha County alone; and
Whereas, Veterans' families from southern West Virginia do not utilize the veterans'
national cemetery at Pruntytown because it is too far away from family and friends; and
Whereas, A national veterans' cemetery in the southern part of West Virginia would serve
the greatest concentration of veteran population in the state; and
Whereas, A national veterans' cemetery in the southern part of West Virginia would not
only serve those who served in the United States armed forces from southern West Virginia, but also
those who live in eastern Kentucky and western Virginia; and
Whereas, The West Virginia Code already contains a law whereby the Division of Veterans'
Affairs has the authority to acquire and transfer real property to the United States Veterans'
Administration for the purpose of establishing a new national cemetery; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests West Virginia's congressional delegation to sponsor
creation of a new national veterans' cemetery in southern West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to West Virginia's congressional delegation, the Honorable Joe Manchin, Governor of
West Virginia, West Virginia Veterans' Coalition and Larry Linch, Director, West Virginia Division
of Veterans' Affairs.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 51 - "Requesting the Governor issue a proclamation on December 7th each year
declaring a 'State Day of Remembrance' honoring all West Virginia patriots of World War II and
encouraging all political subdivisions and state school districts to pay proper tribute in its
recognition.
Whereas, On December 7, 1941, the future of America changed. It was truly a "Day of
Infamy" which resulted in 16 million Americans, including 233,985 West Virginians, taking part in
a world war to preserve the way of life of a free people; and
Whereas, West Virginians rallied to the war effort in numbers greater per capita than any
other state, and this resulted in many West Virginia fathers, mothers, husbands, wives, sons,
daughters, brothers, sisters, uncles, aunts and cousins giving their lives and suffering severe injuries
for West Virginia and the nation during that war; and
Whereas, World War II veterans are dying at a rate of about 1,800 veterans per day in the
United States. In a few short years, there will no longer be any living veterans of that war; and
Whereas, It is, therefore, both important and imperative that the day of December 7th be
forever remembered in tribute to what has been declared the "Greatest Generation" who sacrificed
so much to save America's way of life; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor is requested to issue a proclamation on December 7th each year declaring
a "State Day of Remembrance" honoring all West Virginia patriots of World War II and encouraging
all political subdivisions and state school districts to pay proper tribute in its recognition; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Honorable Joe Manchin, Governor of the State of West Virginia, the Honorable Earl
Ray Tomblin, President of the Senate, the Honorable Rick Thompson, Speaker of the House of Delegates, West Virginia Veterans' Coalition and West Virginia's congressional delegation.
Special Calendar
Unfinished Business
H. C. R. 2, Designating Megalonyx Jeffersonnii as the official state fossil; 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. 21, Designating the Mighty Wurlitzer Theater Pipe Organ, located in Huntington,
as the official theater pipe organ of West Virginia; coming up in regular order, as unfinished
business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 39, Expressing the concern of the Legislature that the purchase of West Virginia
Alloys Hawks Nest Hydro-Electric facility by Brookfield Power may adversely affect the economy
of the State; 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. 47, Requesting the Division of Highways to name a portion of Route 16 the "Lucille
Smallwood Meadows Highway"; coming up in regular order, as unfinished business, was read by
the Clerk.
The question being on the adoption of the resolution, the yeas and nays were taken (Roll No.
224), and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. C. R. 47) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At the request of Delegate DeLong, and by unanimous consent, House Rule 69 was
suspended and the House of Delegates then proceeded to the consideration of Business on the Local
Calendar.
Local Calendar
First Reading
Com. Sub. for H. B. 3269, Reforming, altering and modifying the commission of Berkeley
County; on first reading, coming up in regular order, was read a first time and ordered to second
reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 225), and there were--yeas 99, nays
none, absent and not voting none.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 226),
and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3269) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 227), and there were--yeas 99, nays
none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3269) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
The Local Calendar having been disposed of, the House of Delegates proceeded to
consideration of business on the Special Calendar.
Special Calendar
Third Reading
Com. Sub. for H. B. 2390, Relating to the definition of domestic animals and livestock; 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. 228),
and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2390) 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. 2422, Providing cost-saving measures in connection with providing
medical care in regional jails' 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. 229),
and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2422) 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. 2461, Providing that all employees have the right to review and copy
the contents of their personnel files; 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. 230),
and there were--yeas 89, nays 10, absent and not voting none, with the nays being as follows:
Nays: Andes, Blair, Border, Campbell, Canterbury, Frederick, Ireland, Michael, Overington and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2461) 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. 2710, Relating to the elimination of the licensure exemption for certain contractors of
manufactured housing installation; 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. 231),
and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2710) 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. 2864, Relating to residential resident security deposits; on third reading,
coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
Com. Sub. for H. B. 2940, Increasing the age of dependents for health insurance coverage;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. 232),
and there were--yeas 90, nays 9, absent and not voting none, with the nays being as follows:
Nays: Andes, Carmichael, Cowles, Ireland, Lane, Porter, Romine, Sobonya and Sumner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2940) 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. 3106, Increasing the number of family court judges and realigning
certain districts to address excessive workloads; 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. 233),
and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3106) 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. 3167, Allowing teachers employed by a statewide service personnel
association to count this service towards retirement credit; on third reading, coming up in regular
order, was read a third time.
Delegate Caputo requested to be excused from voting on the passage of Com. Sub. for H. B.
3167 under the provisions of House Rule 49, stating that his brother was employed by a school
service personnel association.
Delegate Hutchins also requested to be excused from voting on the passage of the bill under
the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members
of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 234),
and there were--yeas 93, nays 6, absent and not voting none, with the nays being as follows:
Nays: Amores, Armstead, Carmichael, Craig, Palumbo and Stalnaker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3167) 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. 3184, Relating to confidentiality, disclosure and authorization for disclosure of mental
health information; 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. 235),
and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3184) 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. 3220, Relating to medical qualifications of school bus operators; 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. 236),
and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3220) passed.
On motion of Delegate Perdue, the title of the bill was amended to read as follows:
Com. Sub. for 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."
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. 3223, West Virginia Health Care Authority Revolving Loan and Grant
Fund; on third reading, coming up in regular order, was read a third time.
Delegates Boggs, Argento, Ashley, Carmichael, Klempa, Hartman and Stalnaker requested
to be excused from voting on the passage of Com. Sub. for H. B. 3223 under the provisions of House
Rule 49, stating that they serve on the board of trustees of a hospital.
The Speaker refused to excuse the Members from voting, stating that they were members of
a class of persons possibly to be affected by the passage of the bill, and that they demonstrated no
direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 237),
and there were--yeas 98, nays 1, absent and not voting none, with the nays being as follows:
Nays: Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3223) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 238), and there were--yeas 99, nays
none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3223) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
S. B. 171, Continuing Board of Accountancy,
S. B. 172, Continuing Board of Respiratory Care Practitioners,
S. B. 186, Continuing Board of Embalmers and Funeral Directors,
And,
S. B. 190, Continuing Board of Examiners of Psychologists.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. B. 206, Assessing court costs for participants in pretrial diversion programs;
S. B. 436, Selecting executive secretary for county commission on crime, delinquency and
corrections,
S. B. 531, Relating to filing service of process on corporations in class action suits,
And,
S. B. 594, Making supplemental appropriation to various accounts.
Miscellaneous Business
Delegate Doyle announced that he was absent on yesterday when the vote was taken on the passage of Com. Sub. for H. B. 3056 (Roll No. 206), and had he been present, he would have voted
"Yea" thereon.
Unanimous consent having been obtained, Delegate Armstead addressed the House
concerning the deliberative manner in which the bills were advanced through the House, the
availability of Messages from the Senate on the Chamber Automation System, the collaborative
effort of all the Members to provide for the smooth operation of the House in general, and expressed
appreciation on behalf of the Minority party to the Speaker, the Clerk's staff and the Committee
Chairmen. At the conclusion of his remarks, Delegate Carmichael asked and obtained unanimous
consent that the remarks of the Minority Leader be printed in the Appendix to the Journal.
Delegate Pino then asked and obtained unanimous consent to address the House concerning
events surrounding the recent proceedings concerning Member-elect Ron Thompson.
Under a unanimous consent agreement, Delegate Fleischauer addressed the House concerning
the lack of facilities for veterans in West Virginia, and at the conclusion of her remarks, Delegate
Mahan asked and obtained unanimous consent that they, along with the remarks of Delegate Pino
immediately preceding, be printed in the Appendix to the Journal.
At 12:32 p.m., the House of Delegates adjourned until 11:00 a.m. Thursday, March1, 2007.