hdj2008-01-29-21

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Tuesday, January 29, 2008
TWENTY-FIRST DAY
[Mr. Speaker, Mr. Thompson, in the Chair]

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, January 28, 2008, 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 Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4125, Relating to faculty senate funds for classroom teachers and librarians,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.In the absence of objection, reference of the bill (H. B. 4125) 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. 4148, Authorizing that net settlement proceeds held for a minor may be invested in a Smart 529 plan,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4148) was referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4016, Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act,
And,
H. B. 4017, Updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act,
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. 4021, Eliminating the requirement that battery-powered strobe lights be affixed to caches of self-contained self-rescue devices,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4021 - "A Bill to amend and reenact §22A-2-55 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-3-12 and §61-3-29 of said code, all relating generally to coal mine health and safety; eliminating requirement that strobe lights be affixed to caches of self-contained self-rescue devices; expanding criminal penalties for theft of certain coal mine equipment; establishing criminal penalties for illegal entry into underground coal mines and surrounding property; creating a criminal penalty for damage or destruction of coal mine equipment and property; and creating a criminal penalty for damage or destruction of coal mine equipment and property when a serious bodily injury results,"
And,
H. B. 4028, Authorizing counties and municipalities to enter into contracts for energy-savings,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4028 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated º7-1-3oo; and to amend said code by adding thereto a new section designated º8-12-5e, all relating to authorizing counties and municipalities to enter into energy-savings contracts,"
With the recommendation that the committee substitutes each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has given further consideration to:
Com. Sub. for H. B. 4053, Protecting computer owners and users from computer spyware,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
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. 3122, Relating to the definition of "eligible veteran" for certain state training and employment preference benefits,
And reports the same back with the recommendation that it 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. 4051, Providing that only healthy beverages and healthy or nutritional snacks may be sold in the county school system,
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 Education.
In accordance with the former direction of the Speaker, the bill (H. B. 4051) was referred to the Committee on Education.
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. 4124, Adding CPR and First Aid training to the health education curriculum in secondary schools,
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 Education.
In accordance with the former direction of the Speaker, the bill (H. B. 4124) was referred to the Committee on Education.
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. 4236, Health and Human Resources, food establishments,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4236) was referred to the Committee on the Judiciary.
Messages from the Executive
The Speaker has received annual reports from various state agencies as required by the provisions of the code as follows:
Board of Social Work Examiners
Commission on Special Investigations
Legislative Oversight Committee on Regional Jail and Correctional Facility Authority.
The above-referenced reports are on file in the Clerk's Office.
Resolutions Introduced
Delegates Argento, Brown, Caputo, Craig, DeLong, Eldridge, Ellis, Fleischauer, Fragale, Gall, Hartman, Hrutkay, Klempa, Kominar, Mahan, Michael, Moore, Morgan, Moye, Perdue, Perry, Pethtel, Pino, M. Poling, Proudfoot, Shook, Spencer, Staggers, Stephens, Swartzmiller, Talbott, Tucker, Varner and White offered the following resolution, which was read the Clerk:
H. R. 11 - "Honoring Community Action Agencies for their commitment and dedication to assisting the many West Virginians in need."
Whereas, Community action agencies in the Mountain State work to assist low income West Virginians through their various community programs; and
Whereas, These programs consist of Head Start, weatherization projects, housing, energy assistance, home rehabilitation, job training and placement, nutrition for the elderly and children, counseling, health education, welfare reform, family monitoring and many other valuable programs; and
Whereas, Community action agencies try to find the causes of poverty to assist many individuals in achieving self-sufficiency; and
Whereas, Community action agencies, in partnership with elected officials, the private sector and the citizens of West Virginia, continue to identify low-income conditions and pursue solutions; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby honors Community Action Agencies for their commitment and dedication to assisting the many West Virginians in need; and, be it
Further Resolved, That the House of Delegates invites all Members of the West Virginia Legislature and all citizens of this great State to join in recognizing the value and importance of community action programs in West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the West Virginia Community Action Partnership.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 11) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Moye, Cann, Stemple, Stalnaker, Williams, Shaver, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Blair, Boggs, Border, Brown, Browning, Burdiss, Canterbury, Cowles, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ellis, Evans, Fragale, Frederick, Gall, Guthrie, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Manchin, Martin, Michael, C. Miller, J. Miller, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, M. Poling, Reynolds, Rodighiero, Romine, Rowan, Schadler, Shook, Sobonya, Spencer, Staggers, Stephens, Sumner, Tabb, Talbott, Tansill, Varner, Walters, Webster, Wells, White and Wysong offered the following resolution, which was read by the Clerk:
H. R. 12 - "Declaring that the twenty-ninth day of January, two thousand eight, be designated 'West Virginia State Grange Day'."
Whereas, The Grange is the world's first Farm Fraternal Association; and
Whereas, The West Virginia State Grange is our State's oldest agricultural and rural community organization; and
Whereas, The Grange has been a tireless champion for West Virginia's farmers and their rural communities through a vigorous grassroots advocacy of the mutual interests of its members; and
Whereas, The Grange provides opportunities for families and individuals to develop to their highest potential in order to build stronger communities; and
Whereas, Voluntary association with the Grange not only provides the benefits of economic and political cooperation for its members, but it also elevates their character by providing social, cultural and educational programs, along with opportunities for personal growth; and
Whereas, The Grange increases the influence of each of its members by giving them the opportunity to serve their community through projects and programs that make a difference in the lives of children, youth and our neighbors in need of assistance; and
Whereas, The West Virginia State Grange has served the State of West Virginia since June of eighteen hundred seventy three; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates designates the twenty-ninth day of January, two thousand eight, as "West Virginia State Grange Day"; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the appropriate representatives of the West Virginia State Grange.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 11) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
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. 238 - "A Bill to amend and reenact §51-2-2 of the Code of West Virginia, 1931, as amended, relating to increasing the monetary limit required to file a suit in circuit court"; 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. 257 - "A Bill to repeal §28-5-2, §28-5-10, §28-5-11, §28-5-12, §28-5-13, §28-5-14, §28-5-15, §28-5-16, §28-5-17, §28-5-18, §28-5-19, §28-5-20 and §28-5-21 of the Code of West Virginia, 1931, as amended, relating to outdated provisions addressing the operation of the penitentiary by the Commissioner of Public Institutions, the hiring of inmates as domestics and the hiring out of inmates by contract"; 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. 258 - "A Bill to repeal §28-5A-1, §28-5A-2, §28-5A-3, §28-5A-4 and §28-5A-5 of the Code of West Virginia, 1931, as amended, relating to the Huttonsville Correctional Center"; 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. 262 - "A Bill to repeal §26-6-1 and §26-6-2 of the Code of West Virginia, 1931, as amended, relating to Denmar State Hospital"; 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. 263 - "A Bill to amend and reenact §25-1-3, §25-1-3b, §25-1-11a and §25-1-11c of the Code of West Virginia, 1931, as amended; and to amend and reenact §25-4-4 of said code, all relating generally to the Division of Corrections; updating the statutory list of correctional facilities over which the commissioner has control; providing that the commissioner is authorized to contract with the McDowell County Commission to house and incarcerate inmates at the Stevens Correctional Center; providing that when a commissary in a division facility is operated by a vendor, the negotiated commission paid by the vendor is to be deposited into the facility's inmate benefit fund; clarifying that wardens and administrators of correctional facilities are subject to the direction of the commissioner; specifying that all employees of the Division of Corrections are responsible for enforcing rules and laws necessary for the control and management of correctional units; modifying duties of those employees designated as correctional peace officers; and providing that wardens of centers for housing young adult offenders have the same qualifications, powers and duties as other wardens of correctional facilities"; 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 White, Proudfoot and Hrutkay:
H. B. 4307 - "A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to bona fide residents wholly or solely owning greyhounds; the training of track facilities; increasing the amount from the breeder development fund that can be used for construction and maintenance of two training track facilities; not requiring anyone to be a member of an association in order to participate in the breeder development fund"; to the Committee on the Judiciary.
By Delegates Hatfield, Morgan and Stephens:
H. B. 4308 - "A Bill to amend and reenact §30-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-7A-9 of said code, all relating to exempting from nursing licensing, care of the sick when the care is provided in connection with the practice of the religious tenets of any church or religious organization and is by or for its members"; to the Committee on Health and Human Resources then Government Organization.
By Delegate J. Miller (By Request):
H. B. 4309 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-27-5a, relating to the creation of an apprenticeship program for barbers and cosmetologists; directing the board of Barbers and Cosmetologists to propose rules for such program"; to the Committee on Government Organization.
By Delegates Kessler, Burdiss, Moye and Staggers:
H. B. 4310 - "A Bill to amend and reenact §33-2-13 of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-31g, all relating to cutting yearly insurance premiums on motor vehicles by five percent until the total deduction reaches twenty percent in the calendar year two thousand ten and repealing sections of the West Virginia Code that granted motor vehicle insurers more leverage in dealing with insurers if this deduction is not met"; to the Committee and Banking and Insurance then Finance.
By Delegate Caputo:
H. B. 4311 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting from state personal income tax obligations all monetary benefits derived from Division of Natural Resources conservation officers' retirement"; to the Committee on Pensions and Retirement then Finance.
By Delegates Spencer, DeLong, Webster, Hatfield, Guthrie, M. Poling, White, Morgan and Palumbo:

H. B. 4312 - "A Bill to amend and reenact §3-3-1 of the Code of West Virginia, 1931, as amended, relating to early voting and authorizing county commissions to designate voting locations other than the county courthouse or annex of the courthouse"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Caputo, D. Poling, DeLong, Duke, Crosier, Paxton, Wysong, Manchin and
Boggs:

H. B. 4313 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-2-53, relating to the waiver or reimbursement of tuition and fees for members of the West Virginia State Police attending institutions of higher education"; to the Committee on Education then Finance.
By Delegates Lane, Iaquinta, Longstreth, Armstead, Walters and Sumner:
H. B. 4314 - "A Bill to amend and reenact §24F-1-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24F-1-7, all relating to payment of veterans' grave markers not provided by the United States government"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegate Ellis:
H. B. 4315 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the Department of Health and Human Resources from being involved in aiding or assisting any person to obtain an abortion to a greater extent than is required by law; and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate C. Miller:
H. B. 4316 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7d, relating to requiring all high schools to teach fetal development; and providing that nothing contained in this section can be construed as approving of abortion"; to the Committee on Education then the Judiciary.
By Delegates Longstreth, D. Poling, Iaquinta, Hamilton, Burdiss, Caputo and Manchin:
H. B. 4317 - "A Bill to amend and reenact §15-5A-2 of the Code of West Virginia, 1931, as amended, relating to use of alternate medical facilities under West Virginia's emergency response plan"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Duke and Overington:
H. B. 4318 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11A-1-4a, relating to collection of county fire service fees and special emergency ambulance service fee"; to the Committee on Political Subdivisions then Finance.
By Delegates Duke, Cowles, Blair and Overington:
H. B. 4319 - "A Bill to amend and reenact §24-6-2 of the Code of West Virginia, 1931, as amended, relating to making 911 emergency fees available to be used for both emergency and nonemergency calls"; to the Committee on Political Subdivisions then Finance.
By Delegates Sumner, Duke, Perry, Shaver and Romine:
H. B. 4320 - "A Bill to amend and reenact §18A-4-10d of the Code of West Virginia, 1931, as amended, relating to use of personal leave days by surviving spouse of a deceased employee of a school board in certain circumstances"; to the Committee on Education then Finance.
By Delegates Rodighiero, Reynolds, Eldridge, Ellis and Hrutkay:
H. B. 4321 - "A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to rules by the secretary of public health, in particular the regulations for opioid treatment facilities"; to the Committee on Government Organization then the Judiciary.
By Delegates Rodighiero, Eldridge, Ellis, Hrutkay and Reynolds:
H. B. 4322 - "A Bill to amend and reenact §21-5C-3 of the Code of West Virginia, 1931, as amended, relating to minimum wage and maximum hours standards for employers"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Sumner:
H. B. 4323 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting the sale of the services of shredding and recycling of paper and paper products from the consumer sales tax"; to the Committee on Finance.
By Delegates Shook and DeLong:
H. B. 4324 - "A Bill to amend and reenact §6B-2-5 of the Code of West Virginia, 1931, as amended, relating to prohibiting state funding for the distribution of holiday or greeting cards by elected officials, state employees, departments or agencies"; to the Committee on the Judiciary then Finance.
By Delegates Proudfoot, Swartzmiller, Burdiss, Hartman, Crosier, Shaver, Varner, Michael, Stalnaker, Wysong and Perry:

H. B. 4325 - "A Bill to amend and reenact §24A-2-2a of the Code of West Virginia, 1931, as amended, relating to providing for prior written authorization for the towing of motor vehicles without the consent of the owner or operator, and providing for criminal background checks for drivers of tow vehicles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Reynolds, Rodighiero, Ellis, Morgan, Craig and Stephens:
H. B. 4326 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-21, relating to authorizing the Supreme Court of Appeals to promulgate rules to establish and implement a uniform bail schedule"; to the Committee on Government Organization then the Judiciary.
By Delegates Fragale and Iaquinta:
H. B. 4327 - "A Bill to amend and reenact §47-20-12a of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-21-12 of said code, all relating to charitable bingo and updating the maximum wage allowed to reflect changes in State of West Virginia minimum wage, which exceeds the current maximum allowed, and pending changes in the federal minimum wage"; to the Committee on the Judiciary.
By Delegates Caputo, Webster, Brown, Doyle, Ellem, Fleischauer, Hamilton, Mahan, Miley, Moore and Varner:

H. B. 4328 - "A Bill to amend and reenact §29-6-20 of the Code of West Virginia, 1931, as amended, relating to the exclusion of serving as a poll worker from being deemed a prohibited political activity"; to the Committee on the Judiciary.
By Delegates Hrutkay, Boggs and Schadler:
H. B. 4329 - "A Bill to amend and reenact §17A-3-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-10-3 of said code, all relating to registration fees for vehicles, allowing a registrant to register a Class G vehicle for a two-year period, requiring registration for at least one full year and facilitation expiration date changes"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Hrutkay, Boggs and Schadler:
H. B. 4330 - "A Bill to amend and reenact §17B-3-3a of the Code of West Virginia, 1931, as amended, relating to failure to respond to traffic offenses or the terms and conditions of traffic convictions and reducing the time period for nonresidents to comply with the terms of the citation before the court sends notice to the Division of Motor Vehicles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Boggs and Schadler:
H. B. 4331 - "A Bill to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-7 and §17B-2-8 of the Code of West Virginia, 1931, as amended, all relating to the issuance of driver's licenses; disposition of surrendered licenses; issuance of an identification card to applicants who possess a valid driver's license, providing a reduced criminal penalty for violating the terms and conditions of a level one or level two graduated driver's license, restricting level one and level two drivers to operation of passenger vehicles only, defining exceptions for the use of the address of principle residence, removing an obsolete provision related to the issuance of a driver's license without a photo; providing for the use of a passport in lieu of a birth certificate; requiring an applicant to pay a fee for the third and subsequent attempt at the written examination prior to obtaining an instruction permit; and extending the validity of instruction permits from sixty days to ninety days"; to the Committee on Roads and Transportation then the Judiciary.
House Calendar
Third Reading
H. B. 2517, Providing that the Board of Banking and Financial Institutions have the authority to approve acquisitions of out-of-state banks by WV state banks; 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. 19), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Eldridge, Mahan, Marshall and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2517) passed.
An amendment to the title of the bill, recommended by the Committee on Banking and Insurance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2517 - "A Bill to amend and reenact §31A-8A-2 and §31A-8A-3 of the Code of West Virginia, 1931, as amended, relating to establishing requirements for a West Virginia state bank or a West Virginia state bank holding company in control of a West Virginia state bank to acquire an out-of state bank or bank holding company; requiring that the application for the acquisition filed with the appropriate federal regulator be filed with the commissioner of banking prior to the acquisition; exceptions for certain acquisitions involving a merger and establishment of branches."
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:
Com. Sub. for H. B. 4092, Changing the requirements for licensure as a forester or forestry technician and giving the Board of Foresters rule-making authority,
H. B. 4141, Providing that written status reports on civil actions brought against state government agencies are required only as requested by the President of the Senate and Speaker of the House,
And,
Com. Sub. for H. B. 4147, Relating to the regulation of parking for state office buildings.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Beach, Eldridge, Mahan, Marshall and Webster.
At 11:48 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 30, 2008.