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Friday, February 8, 2008

THIRTY-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 Thursday, February 7, 2008, 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. 21, Requesting the Joint Committee on Government and Finance to undertake a study of long-term care as it relates to the number of state residents in out-of-state long-term health facilities,
H. C. R. 22, Requesting the Division of Highways to name the Walnut Street bridge, spanning the Tygart Valley River in Grafton, West Virginia the "Mother's Day Bridge",
H. C. R. 23, Requesting the Division of Highways to name the Yates Avenue bridge, spanning Berkeley Run in Grafton, West Virginia, the "Bearcat Bridge",
H. C. R. 25, Requesting that bridge number 46-119-7.93 located in the City of Grafton be named the "Memorial City Bridge",
H. C. R. 32, The "William Bradley Fulks Memorial Bridge",
And,
H. R. 17, Expressing support for West Virginia Institute of Technology's revitalization and continued presence in Montgomery, West Virginia,
And reports the same back with the recommendation that they each be adopted.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B 4004, Providing funds for the maintenance, repair and preservation of statues on the State Capitol grounds from lottery proceeds,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4004) was referred to the Committee on Finance.
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. 4385, Revising certain powers and duties of the Legislative Auditor,
And reports the same back with the recommendation that it 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. 4272, Professional Surveyors, standards for practice of surveying,
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. 4272) was referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4271, Professional Surveyors, examination and licensing,
And,
H. B. 4282, Professional Surveyors, fees for surveyors and surveying firms,
And reports the same back, with amendment, 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. 4271 and H. B. 4282) were each referred to the Committee on the Judiciary.
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 on Finance), which was read by its title, as follows:
By Delegates Frederick, M. Poling, Paxton, Rowan, Williams, Sumner, Crosier, Fragale, Browning, Rodighiero and Wysong:

H. B. 4477 - "A Bill to amend and reenact §18-5-19c of the Code of West Virginia, 1931, as amended, relating to Division of Technical and Adult Education Services; programs; legislative findings; providing payment of General Educational Development exam fees for certain individuals; eligibility requirements; and requiring State Board of Education rule".
In the absence of objection, the Speaker referred the bill (H. B. 4477) to the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates M. Poling, Paxton, Wysong, Rodighiero, Ellis, Duke, Rowan, Gall and Wells:

H. B. 4478 - "A Bill to amend and reenact §18A-5-8 of the Code of West Virginia, 1931, as amended, relating to authority of certain aides to exercise control over students; compensation; transfers and limitations thereof; and expanding the classifications of service personnel for which transfers during the instructional term are limited."
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. 4348, Adding language to the code for fees for tests and certificates that were already imposed,
And reports the same back with the recommendation that it 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. 4329, Providing for an optional two-year registration period for motorcycles and facilitating expiration date changes,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 providing for alternative methods of payment of fees,"
And,
H. B. 4423, Ensuring that stainless steel kegs are not considered scrap metal unless received directly from a beer manufacturer,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4423 - "A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, ensuring that beer kegs are not considered scrap metal unless received directly from a beer manufacturer or an authorized representative,"
With the recommendation that the committee substitutes each do pass.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4147, Relating to the regulation of parking for state office buildings.
Delegate DeLong moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 44), and there were--yeas 88, nays none, absent and not voting 12, with the absent and not voting being as follows:
Absent and Not Voting: Beach, Craig, Crosier, Fleischauer, Frederick, Hatfield, Marshall, Miley, Palumbo, Staggers, Stemple and Tansill.
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. 4147) 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.
Resolutions Introduced

Delegates Perry, Pino, Staggers, Beach, Brown, Campbell, Cann, Canterbury, Crosier, Eldridge, Ellis, Fleischauer, Gall, Guthrie, Hatfield, Higgins, Moye, Palumbo, Rodighiero, Shook, Spencer and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 36 - "Declaring that it is the sense of the Legislature that the various training facilities of the West Virginia Corrections Academy should be consolidated and housed in a new facility, financed and constructed by West Virginia University and lease on a long-term basis to the West Virginia Division of Corrections on the Campus of West Virginia University Institute of Technology."
Whereas, The West Virginia Corrections Academy was located on the campus of West Virginia University Institute of Technology for ten years; and
Whereas, The West Virginia Division of Corrections now operates three separate training facilities at different locations; and
Whereas, None of these facilities were designed for the purpose of training for corrections officials; and
Whereas, West Virginia University Institute of Technology and the Community and Technical College at West Virginia University Institute of Technology are now offering two-year and four-year programs in Criminal Justice and desire to integrate these programs with training at the Corrections Academy; and
Whereas, West Virginia University Institute of Technology has other facilities such as cafeterias and sports facilities that it is willing to share with the Corrections Academy; and
Whereas, West Virginia University Institute of Technology is located in close proximity to Charleston and the Mount Olive Correctional Facility; and
Whereas, West Virginia University Institute of Technology is now a full division of West Virginia University; and
Whereas, West Virginia University has indicated they will finance and construct a facility built to the specification of the West Virginia Division of Corrections and lease such facility to the West Virginia Division of Corrections on a long-term lease; therefore, be it
Resolved by the Legislature of West Virginia:
That it is the sense of the Legislature that the various training facilities of the West Virginia Corrections Academy should be consolidated and housed in a new facility, financed and constructed by West Virginia University and lease on a long-term basis to the West Virginia Division of Corrections on the campus of West Virginia University Institute of Technology; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Presidents of West Virginia University and West Virginia University Institute of Technology and the Commissioner of the West Virginia Division of Corrections.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Webster, Proudfoot, Stemple, Hrutkay, Guthrie, Sobonya, Longstreth, Varner, Burdiss, Azinger and Schadler:

H. B. 4464 - "A Bill to amend and reenact §31B-10-1003 of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-15-1501 of said code; and to amend and reenact §31E-14-1401 of said code, all relating to conducting certain activities that do not constitute conducting affairs or transacting business within the state"; to the Committee on the Judiciary.
By Delegates Webster, Stemple, Kessler, Hrutkay, Guthrie, Sobonya, Longstreth, Varner, Burdiss, Azinger and Schadler:

H. B. 4465 - "A Bill to amend and reenact §59-1-2 of the Code of West Virginia, 1931, as amended, relating to fees to be charged by secretary of state"; to the Committee on the Judiciary.
By Delegates Fleischauer, Webster, Caputo, DeLong, Fragale, M. Poling, White, Morgan, Miley, Hrutkay and Proudfoot:

H. B. 4466 - "A Bill to amend and reenact §33-2-16 and §33-2-17 of the Code of West Virginia, 1931, as amended, relating to the Insurance Commissioner's Office of Consumer Advocacy; purpose; qualifications; and powers and duties"; to the Committee on the Judiciary.
By Delegate Tansill:

H. B. 4467 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-4-9, relating to the falsification of educational or academic records; and providing a misdemeanor penalty"; to the Committee on Education then the Judiciary.
By Delegate Carmichael:
H. B. 4468 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3-2e, relating to requiring county boards of education to employ the most qualified individuals to be athletic and other extracurricular coaches; and the development of the criteria to be used when hiring and firing those coaches"; to the Committee on Education then the Judiciary.
By Delegates White, M. Poling and Kominar:

H. B. 4469 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-9, relating generally to allowing governing boards of state colleges and universities to transfer real property or any interest therein to a nonstock, nonprofit real estate foundation that is exempt from federal income tax, when governing board determines that property was acquired by gift, grant devise or bequest to or for the college or university, or purchased by or for the college or university with private funds"; to the Committee on Education then Finance.
By Delegate Kessler:

H. B. 4470 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §33-42-9 and §33-42-10, all relating to the care of aborted fetuses; requiring medical facilities that provide abortions to administer anesthesia to an unborn fetus when aborted, if it is older than seven weeks; requiring all available medical means to be used to preserve the life of a fetus if it is alive when aborted; and providing criminal penalties for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Spencer, DeLong, Caputo, Perry, Boggs, Stemple and Crosier:

H. B. 4471 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-24b; to amend and reenact §15-2A-6, §15-2A-9, §15-2A-10 and §15-2A-12 of said code; and to amend and reenact §61-7-4 of said code, all relating to the West Virginia State Police Retirement System; lowering the normal retirement age; eliminating any reduction in the disability benefit of a State Police officer who is disabled on the job; increasing limit on scholarship money available to certain surviving dependent children; raising fees for certain fingerprinting services and permits to carry deadly weapon; and dedicating additional fees to the State Police Retirement Fund"; to the Committee on Pensions and Retirement then Finance.
By Delegate Fragale:

H. B. 4472 - "A Bill to amend and reenact §18A-1-1 of the Code of West Virginia, 1931, as amended, relating to school personnel; and providing that a board of education must wait ten days before posting a new job opening following the death of an employee"; to the Committee on Education.
By Delegate Doyle:

H. B. 4473 - "A Bill to repeal §7-1-3nn of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-1-3mm of said code, all relating to permitting county commissions to establish a program for transfer of development rights without the requirement of a county election";
to the Committee on Political Subdivisions then the Judiciary.

By Delegates Hatfield, Wysong, Brown, Moye and Rodighiero
:
H. B. 4474 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-7-19, relating to registered nurses required in operating rooms"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Crosier, Webster, Morgan, Hartman, Stemple, Iaquinta, Michael, Moye, Eldridge and Pino:

H. B. 4475 - "A Bill to amend and reenact §61-8C-2 of the Code of West Virginia, 1931, as amended, relating to the photographing or filming of minors in the production of obscene matter"; to the Committee on the Judiciary"; to the Committee on the Judiciary.
By Delegates Hrutkay, Tucker, Martin, Swartzmiller, D. Poling, Stalnaker and Craig:
H. B. 4476 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6, §17-27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11, §17-27-12, §17-27-13, §17-27-14, §17-27-15, §17-27-16, §17-27-17, §17-27-18 and §17-27-19, all relating to establishment of the Public-Private Transportation Facilities Act of two thousand eight; setting forth legislative findings and purposes; defining terms; providing prerequisites for development of a transportation facility; creating public-private transportation oversight within the Division of Highways; creating the powers and duties of the division; providing for the submission of proposals and approval by the division; providing for service contracts; providing for the dedication of public property; setting forth the powers and duties of a developer; requiring a comprehensive agreement; providing for federal, state and local assistance; addressing material default and remedies; prohibiting governmental entities from pledging full faith and credit; providing for the exercise of condemnation; addressing utility crossings and relocations; addressing dedication of assets; qualifying transportation facilities as public improvements; providing for an exemption of qualifying transportation facilities from taxation; and addressing construction and severability"; to the Committee on Roads and Transportation then the Judiciary.
Special Calendar


Unfinished Business

The following resolutions, coming up in regular order, as unfinished business, were each reported by the Clerk and adopted:
H. C. R. 4, The H.E. 'Homer' Lilly Bridge,
H. C. R. 5, The "Oscar Robert England Bridge,
H. C. R. 6, The "Kenny Ray Hamrick Memorial Bridge",
H. C. R. 17, Requesting the Joint Committee on Government and Finance to study the recruitment, retention and value of volunteer firefighters in the State of West Virginia,
H. C. R. 20, Requesting the Joint Committee on Government and Finance to study the establishment of a court of chancery within the unified judicial system in the State of West Virginia, H. C. R. 24, The A. R. "Dick" Townsend Memorial Roadway,
H. C. R. 26, Requesting the Division of Highways to name a portion of U. S. Route 52 the "Vietnam Veterans Highway",
H. C. R. 28, Requesting the Joint Committee on Government and Finance to study the development of clean coal technologies such as coal liquefaction ",
And,
H. C. R. 29
, Designating an adaptation of "West Virginia Shawl" as the Official Tartan of the State of West Virginia.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

S. B. 459, Authorizing rules of School Building Authority and Higher Education Policy Commission;
on third reading, coming up in regular order, was read a third time.
Chairman Poling was recognized and assumed the floor to explain the bill.
During the explanation, Delegate Sobonya was recognized for the purpose of asking questions of Chairman Poling and commenced to speak of the bill and other related matters.
The Speaker called Delegate Sobonya to order, stating that she had been recognized for the purpose of asking questions and admonished her to confine her remarks to questions of the Chairman.
Brief questions and answers then ensued and at the conclusion thereof, the Speaker put the question on the passage of the bill.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 45), and there were--yeas 71, nays 18, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Cowles, Ireland, Lane, C. Miller, Overington, Porter, Romine, Schoen, Sobonya, Sumner, Walters and Wysong.
Absent and Not Voting: Beach, Craig, Crosier, Fleischauer, Frederick, Hatfield, Marshall, Miley, Palumbo, Stemple and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 459) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 46), and there were--yeas 82, nays 7, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Armstead, Overington, Porter, Schoen, Sobonya, Sumner and Walters.
Absent and Not Voting: Beach, Craig, Crosier, Fleischauer, Frederick, Hatfield, Marshall, Miley, Palumbo, Stemple and Tansill.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 459) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. B. 4030, Requiring that workplace fatalities be reported to the Division of Labor; 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. 47), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
Absent and Not Voting: Beach, Craig, Crosier, Fleischauer, Frederick, Hatfield, Marshall, Miley, Palumbo, Stemple and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4030) 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. 4059, Relating to medical qualifications for 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. 48), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
Absent and Not Voting: Beach, Craig, Crosier, Fleischauer, Frederick, Hatfield, Marshall, Miley, Palumbo, Stemple and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4059) 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. 4069, Requiring vision screening for renewal of a driver's license; 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. 49), and there were--yeas 82, nays 7, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Ireland, Porter, Romine and Walters.
Absent and Not Voting: Beach, Craig, Crosier, Fleischauer, Frederick, Hatfield, Marshall, Miley, Palumbo, Stemple and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4069) 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. 4120, Prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions; 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. 50), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
Absent and Not Voting: Beach, Craig, Crosier, Fleischauer, Frederick, Hatfield, Marshall, Miley, Palumbo, Stemple and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4120) 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. 4327, Relating to charitable bingo and updating the maximum wage allowed to reflect changes in state minimum wage: 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. 51), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
Absent and Not Voting: Beach, Craig, Crosier, Fleischauer, Frederick, Hatfield, Marshall, Miley, Palumbo, Stemple and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4327) 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. 4388, Authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database; 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. 52), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
Absent and Not Voting: Beach, Craig, Crosier, Fleischauer, Frederick, Hatfield, Marshall, Miley, Palumbo, Stemple and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4388) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

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. 4137, Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs,
And,
Com. Sub. for H. B. 4337, Authorizing the Board of Barbers and Cosmetologists to increase fees for one year.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates
Beach, Craig, Crosier, Fleischauer, Frederick, Hatfield, Marshall, Miley, Palumbo, Stemple and Tansill.
At 12:31 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 11, 2008.