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Wednesday, February 6, 2008

TWENTY-NINTH 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.
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.
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 5, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4137, Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4137 - "A Bill to amend and reenact §33-17-9a of the Code of West Virginia, 1931, as amended, relating to clarifying that a municipality or county will be notified in writing by an insurance company when the policy provides for cleanup or removal of the remains of a structure when a total loss to a structure occurs within that county or municipality,"
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4220, Dental Examiners, rule for the board,
And,
H. B. 4280, Veterinary Medicine, registration of veterinary technicians,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4220 and H. B. 4280) were each referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4337, Authorizing the Board of Barbers and Cosmetologists to increase fees for one year,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4337 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-27-18, relating to authorizing the Board of Barbers and Cosmetologists to increase fees for one year,"
With the recommendation that the committee substitute do pass.
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass but that it first be referred to the Committee in Finance), which was read by its title, as follows:
By Delegates M. Poling and Paxton:
H. B. 4449 - "A Bill to amend and reenact §18B-5-4 of the Code of West Virginia, 1931, as amended, relating to purchase or acquisition of materials, supplies, equipment, services and printing; and extending to the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education the authority to enter into lease-purchase agreements for capitol improvements, including equipment."
In the absence of objection, the Speaker referred the bill (H. B. 4449) to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4341, Relating to payment of National Board for Professional Teaching Standards salary bonus,
And reports the same back, with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4341) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2202, Relating to granting campus police officers law enforcement powers at private institutions of higher education in this state,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2202) was referred to the Committee on the Judiciary.
Resolutions Introduced

Delegates
Eldridge, Azinger, Cann, Crosier, Ellis, Shaver and Stalnaker
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 34 - "Requesting the Joint Committee on Government and Finance study a four day work week consisting of ten hour days for city, county and state employees."
Whereas, Access to government entities is necessary and vital for effective and efficient government services; and
Whereas, Normal business hours limits the ability of people to access their government because citizens of this State are working during those hours also; and
Whereas, The rising cost of gas prices puts a strain on the finances of government employees and limiting the number of times they must drive to work will leave more income at their disposal; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effect a four day work week consisting of ten hour days for city, county and state employees would have on government access; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Mr. Speaker, Mr. Thompson, and Delegates Perdue and Stephens offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 35 - "Requesting the Division of Highways to name the Dickson beam-span bridge, crossing Twelve Pole Creek, just off Route 152, Dickson, West Virginia, identification #50-152- 3839 (3542), the 'Noah Stephens Bridge'."
Whereas, Noah Stephens was born February 29, 1924, the tenth child of Tolbert and Effie Stephens, in Wayne County, West Virginia. Noah's father was a hardworking farmer and his mother was a midwife who traveled the county helping mothers in childbirth; and
Whereas, Noah Stephens's work ethic and resiliency were forged early growing up as a child in the Great Depression, and then put to the test in World War II when Japan attacked Pearl Harbor on December 7, 1941; and
Whereas, Two months before graduating high school, Noah Stephens, after turning eighteen, rode a bus to Columbus, enlisted in the Army, and earned a GED in bootcamp; and
Whereas, Noah Stephens was shipped out to England, eventually landing in France in June, 1944, for the Normandy D-day invasion; and
Whereas, After the breakthrough in Normandy, Noah Stephens was assigned to the 94th Infantry Division, 302 Regiment, Company L, Second Platoon in Le Havre, France, where he began fighting his way into Germany; and
Whereas, On December 16, 1944, the Germans launched a surprise counter-offensive, known as the Battle of the Bulge, which took the allies completely by surprise. The Germans hit the center of the allied lines at the thinly held Ardennes with over a quarter of a million men; and
Whereas, Within eight days the Germans had cut deeply into allied territory. Noah and his platoon were surrounded for eleven days. At times, the temperature dipped to minus thirty-five degrees below zero. Their food supply dwindled to seven cans of C-rations. The men were forced to lay low, taking shelter in foxholes dug from the frozen solid earth; and
Whereas, On Friday, February 16, 1945, the Wayne County News published the following account: "Mr. and Mrs. Tolbert Stevens (sic) have received word that their son, Pvt. Noah Stevens (sic), has been missing in action in France since January 21. He had been in service about two years"; and
Whereas, In fact, Noah and twenty other men had survived enemy fire, hunger and the bitter cold, to cross the enemy lines and make it back to allied territory. The surviving twenty-three men were sent to a hospital in Birmingham, England, where eighteen of them required amputations due to extreme frostbite. Noah was so badly frostbitten he was scheduled to have both feet amputated. He refused, later healed, and became one of only five men in his entire platoon to not undergo an amputation; and
Whereas, Believing their son, Noah Stephens, had been dead since January, his parents were overjoyed to receive a letter from him in March relating his struggle and improbable survival; and
Whereas, On March 30, 1945, the Wayne County News ran an updated article on Noah Stephens being awarded the Silver Star and Combat Infantry Badge for his gallantry in action in an attack on the town of Tettington, Germany, with the 94th Infantry Division. Noah also received the Purple Heart, the Good Conduct Medal, and three campaign stars for service in Northern France, the Ardennes, and the Rhineland; and
Whereas, Upon his return from service in World War Two, Noah Stephens married his sweetheart Lorene Russell and they started a family. Within a year their first son Lemuel was born, followed by sons Gary and Delmas and a daughter named Shelia; and
Whereas, In order to provide for his family, Noah began working in the coal mines, then worked in the factories of Detroit and Columbus, and finally attended trade school in Huntington, on the GI Bill, to become a machinist; and
Whereas, Noah Stephens went on in life to become both a successful family man and businessman, owning his own trucking and building companies, surviving hardship and family illness and, after more than fifty-two years, is still married to, loving and caring for his wife Lorene; and
Whereas, Imbued by their parents with a strong work ethic, Noah and Lorene's children have all gone on to become successful entrepreneurs. It is fitting that they thought to honor their father, who will be eighty four years old on February 29, 2008, by seeking to memorialize his honorable life by naming the Dickson bridge after and dedicating it to him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the Dickson beam-span bridge, crossing Twelve Pole Creek, just off Route 152, Dickson, West Virginia, identification #50- 152-3839 (3542),the "Noah Stephens Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of Highways, to the Wayne County Commission, and to the family of Noah Stephens.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Stephens, Moye, Rodighiero, Eldridge and Ellis:

H. B. 4435 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17-16A-30, relating to exempting funeral procession from paying tolls while traveling on the West Virginia Turnpike"; to the Committee on Roads and Transportation then Finance.
By Delegates Martin, Canterbury, Campbell, Staggers, Rodighiero, Longstreth, Ellis, Burdiss, Eldridge and Evans:

H. B. 4436 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-3C-6a, relating to establishing a course in solar hot water heating at community and technical colleges; course to be available to general public; and providing funds for each community college for the purchase equipment to be utilized by this course"; to the Committee on Education then Finance.
By Delegates Perdue, Long, Boggs, Staggers, Varner, Brown and Hatfield:

H. B. 4437 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to the imposition of enhanced criminal penalties for certain criminal acts against health care workers; and defining 'health care workers'"; to the Committee on the Judiciary.
By Delegates Morgan, Swartzmiller, Cann, Browning, Craig, Pethtel, Sobonya, C. Miller and Stalnaker:

H. B. 4438 - "A Bill to amend and reenact §22-5-1 and §22-5-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-5-11a, all relating to air pollution control; allowing for the expedited review of complete permit applications for sources other than major sources; allowing all facilities with complete applications for permission to commence construction and which have received written permission from the secretary to construct an altered or expanded source provided that operations of the altered or expanded source do not commence until its permit or permit modification is issued; setting timelines for permitting actions; making other clarifications of the secretary's duties in minor source air permitting; and requiring the promulgation of legislative rules"; to the Committee on Government Organization.
By Delegates M. Poling, Proudfoot, Hartman, Williams and Paxton:

H. B. 4439 - "A Bill to amend and reenact §18A-4-7a of the Code of West Virginia, 1931, as amended, relating to employment, promotion and transfer of professional personnel by county boards of education; and including the school principal's recommendation in the criteria to be considered when hiring teachers and other professional personnel"; to the Committee on Education.
By Delegate White:

H. B. 4440 - "A Bill to amend and reenact §11-13A-3a and §11-13A-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-13V-4a, all relating to oil and gas production; relating to the Severance and Business Privilege Tax Act and the Workers' Compensation Debt Reduction Act; deleting superannuated language; specifying collection and remittance of the severance tax on production of natural gas or oil by the first person to purchase the natural gas or oil after it has been severed, or in the event that the natural gas or oil has been severed and processed before the first sale, the first person to purchase natural gas or oil after it has been severed and processed; specifying purchaser liability for failure to collect or remit the tax; specifying due dates and payment requirements; specifying exceptions to the requirement that the purchaser collect and remit the tax; specifying persons subject to applicable bonding requirements; authorizing issuance of emergency rules and other rules by the Tax Commissioner; and specifying application of exemptions and exceptions and use of direct severance payment authorization number"; to the Committee on Finance.
By Delegates Michael, Hartman, Shaver, Wysong, Stemple, Evans, Crosier, Argento, Williams and D. Poling:

H. B. 4441 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; powers and duties of the Department of Agriculture; promulgation of rules; duties and obligation of the commissioner; application process; issuance, renewal, modification and transfer of a license certificate; inspection of facilities; transition of current facilities; noncompliance with article and providing for certain criminal penalties and remedies"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates DeLong, Stemple, Crosier, Iaquinta, Hartman, Proudfoot, Fragale and Caputo:

H. B. 4442 - "A Bill to amend and reenact §15-2-29 and §15-2A-9 of the Code of West Virginia, 1931, as amended, all relating to payment of various medical expenses and equipment on behalf of disabled members of the West Virginia State Police"; to the Committee on the Judiciary.
By Delegates DeLong, Stemple, Crosier, Iaquinta, Hartman, Proudfoot, Fragale and Caputo:

H. B. 4443 - "A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-4-401 of said code, all relating to defining terms and creating the offense of carrying, using, or possessing a firearm or other destructive device during the commission of a drug related crime"; to the Committee on the Judiciary.
By Delegates C. Miller, Lane, Ashley, Hamilton, Andes, Porter, Sumner, Carmichael, Cowles and Sobonya:

H. B. 4444 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as amended, relating to reducing the corporate net income tax rate to five point nine percent effective the first day of July, two thousand eight"; to the Committee on Finance.
By Delegates Morgan, Perdue and Border:

H. B. 4445 - "A Bill to amend and reenact §55-7B-2 of the Code of West Virginia, 1931, as amended, relating to definitions under the Medical Professional Liability Act"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Beach and Perry:

H. B. 4446 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the exemption of retirement benefits from state personal income taxes, teachers who elected, on or before the sixth day of March, one thousand nine hundred seventy-two, to participate to the fullest extent permitted in the State Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Stephens, Reynolds, Caputo, DeLong, Perdue, Hrutkay, Martin, Longstreth, Fleischauer, Rodighiero and Brown:

H. B. 4447 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5, §21-5G-6, §21-5G-7, §21-5G-8, §21-5G-9, §21-5G-10 and §21-5G-11, all relating to granting a minimum amount of paid sick leave to almost all employees working within the State of West Virginia"; to the Committee on the Judiciary.
By Delegate Stalnaker:

H. B. 4448 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-1A-101, §48-1A-201, §48-1A-301, §48-1A-401, §48-1A-501, §48-1A-601, §48-1A-701, §48-1A-801, §48-1A-901 and §48-1A-1001, all relating to the uniform premarital agreement act; defining terms; setting forth requirements and content of agreement; providing for the effect, amendment, revocation and enforcement of such agreements; establishing statute of limitations, application and construction of article; and setting forth short title"; to the Committee on the Judiciary.
House Calendar

Third Reading

H. B. 4075
, Providing for a video recording device monitoring system during Amber Alert periods; 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. 40), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Mahan, Marshall and Perdue.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4075) 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. 4328, Excluding the service of a poll worker from being considered a prohibited political activity; 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. 41), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Mahan, Marshall and Perdue.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4328) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 42), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Mahan, Marshall and Perdue.
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. 4328) 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.
Com. Sub. for H. B. 4344, Relating to the criminal offense of cruelty to animals; 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. 43), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Border, Canterbury, Evans, Hamilton, J. Miller and Romine.
Absent and Not Voting: Mahan, Marshall and Perdue.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4344) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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. 459, Authorizing rules of School Building Authority and Higher Education Policy Commission,
H. B. 4030, Requiring that workplace fatalities be reported to the Division of Labor,
Com. Sub. for H. B. 4059, Relating to medical qualifications for school bus operators, Com. Sub. for H. B. 4062, Relating to certification of professional educators,
H. B. 4069, Requiring vision screening for renewal of a driver's license,
Com. Sub. for H. B. 4120, Prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions,
Com. Sub. for H. B. 4327, Relating to charitable bingo and updating the maximum wage allowed to reflect changes in state minimum wage,
And,
H. B. 4388, Authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Mahan, Marshall and Perdue.
At 12:04 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 7, 2008.