hdj2008-02-18-41

__________*__________

Monday, February 18, 2008
FORTY-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 Friday, February 15, 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.

At the request of Delegate DeLong, and by unanimous consent, the House of Delegates proceeded to the Ninth Order of Business for the purpose of considering resolutions on Unfinished Business.
Special Calendar
Unfinished Business
H. C. R. 12, 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. 19, Requesting the Division of Highways to rename Heritage Road, specifically Lincoln County Route 13/7, to "Guy Gillenwater Hollow"; 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. 31, The "Sgt. James Allen May Memorial Bridge", coming up in regular order, as unfinished business, was read by the Clerk.

The question now being on the adoption of the resolution the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 68), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

Absent and Not Voting: Ashley, Doyle, Ennis, Mahan, Moore, Varner and Wysong.

So, a majority of the members present and voting having voted in the affirmation, the Speaker declared the resolution (H. C. R. 31) adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Delegate Ashley noted to the Clerk that he was absent when the vote was taken on Roll No. 68, and that had he been present, he would have voted "Yea" thereon.
H. C. R. 34, Requesting that the Joint Committee on Government and Finance study a four day work week consisting of ten hour days for city, county and state employees; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 35, The "Noah Stephens Bridge"; 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. 42, Providing for the renaming of Fairgrounds Road located in Cabell County "Bill Blenko Drive"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. R. 2, Requesting the State Fire Commission to increase by six percent the salary paid to the State Fire Marshal; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

Delegates Andes and Lane requested that the Clerk record them as voting "Nay" on the adoption of the resolution (H. R. 2).
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. 40, Requesting the United States Park Service to continue permitting hunting on areas controlled by New River Gorge National River,

H. C. R. 41, Urging the United States Congress to protect state regulation of the business of insurance,

H. C. R. 48, Designating the West Virginia Turnpike as the "Okey L. Patteson Highway",

H. C. R. 49, Requesting the Joint Committee on Government and Finance to study the impact of allowing adopted persons access to their original birth certificates,

And,

H. C. R. 50, Requesting the Joint Committee on Government and Finance to study the impact of changing the funding formula for local health department services,

And reports the same back with the recommendation that they each be adopted.

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. 4299, Expanding the age for firefighter beyond 35 for persons already employed by the Civil Service Commission,

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 4299 - "A Bill to amend and reenact §8-15-17 of the Code of West Virginia, 1931, as amended, relating to requirements for firefighter applicants,"

And,
H. B. 4552, Clarifying that the Public Service Commission has the authority to authorize a water utility to implement a tariff incorporating reduced rates for low-income residential customers,

And reports back committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 4552 - "A Bill to amend and reenact §24-3-2 of the Code of West Virginia, 1931, as amended, relating to water utility rates,"

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 had under consideration:

H. B. 4303, Clarifying disciplinary cases, investigations, hearings, injunctions and penalties for the Board of Acupuncture,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4303 - "A Bill to amend and reenact §30-36-18 and §30-36-19, of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §30-36-21 and §30-36-22, all relating to the Board of Acupuncture; clarifying disciplinary causes and actions; providing for complaint investigations, hearings; and providing civil and criminal penalties,"

With the recommendation that the committee substitute do pass.

Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

H. B. 4476, Public-Private Transportation Facilities Act,

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. 4476) was referred to the Committee on the Judiciary.

Chairman Kominar, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4381, Relating to an assigned risk plan and guaranty association account for workers' compensation insurance,

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. 4381) was referred to the Committee on Finance.

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. 4148, Authorizing that net settlement proceeds held for a minor may be invested in a Smart 529 plan,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4148 - "A Bill to amend and reenact §44-10-14 of the Code of West Virginia, 1931, as amended, relating to infant settlement proceedings; allowing courts to authorize the placement of infant settlement proceeds into any product that guarantees future periodic payments when the net settlement proceeds are less than twenty-five thousand dollars,"

And,

H. B. 4487, Excluding a driver's or involved person's social security number from motor vehicle accident reports,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4487 - "A Bill to amend §17C-4-9 of the Code of West Virginia, 1931, as amended, relating to prohibiting public disclosure of the social security number of any person named or disclosed in a motor vehicle accident report; exceptions,"

With the recommendation that the committee substitutes each do pass.

Chairman White, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

H. B. 4496, Providing for the voluntary transfer of assets from the Teachers' Defined Contribution Retirement System ("TDC") to the State Teachers Retirement System ("TRS"),

And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4496 - "A Bill to amend and reenact §18-7A-14, §18-7A-18, §18-7A- 34 and §18-7A-40 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-7B-7, §18-7B-7a and §18-7B-8 of said code; to amend and reenact §18-7C-1, §18-7C-2, §18-7C-3, §18- 7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12, §18- 7C-13 and §18-7C-14 of said code; and to further amend said code by adding thereto a new section, designated §18-7C-15, all relating to providing opportunities for members of the teachers' defined contribution retirement system to the state teachers retirement system; providing for contributions by employers and members; authorizing loans to members; providing for transfer of higher education employees who are members of the teachers' defined contribution retirement system; providing for transfer of certain members returning to employment with participating employer; prohibiting transfers to teachers' defined contribution retirement system; providing findings and purposes of enactment; providing definitions of terms; establishing percentage of actively contributing members of the Teachers' Defined Contribution Retirement System voluntarily and affirmatively electing to transfer to the State Teachers Retirement System that required to authorize those transfers; providing for notice, counseling and other education prior to opportunity to affirmatively electing to transfer; providing for access to schools; establishing July 1, 2008, as effective date of transfer; requiring additional contribution upon transfer and establishing reduction in service credit if additional contribution not made; establishing an initial date for retirement; providing for loans to make additional contribution and payroll deduction program for repayment; establishing processes for members of the Teachers' Defined Contribution Retirement System to affirmatively elect to transfer; establishing powers and duties of the consolidated public retirement board relating to the process and transfers; providing for effect of transfers on qualified domestic relations orders and vesting; providing guaranteed minimum benefits; providing certain appellate processes; and providing for additional opportunity to transfer in certain limited circumstances; providing increased cost to member for transferring under those circumstances; establishing July 1, 2009, as final effective date of transfer and exceptions; and providing for funding needed to offset any additional unfunded actuarially accrued liability,"

With the recommendation that the committee substitute do pass.

Chairman Kominar, from the Committee on Banking and Insurance, submitted the following

report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4333, Relating to requiring an insurance company to withhold a specified amount from insurance proceeds to cover costs of fire cleanup of a structure,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4333 - "A Bill to amend and reenact §33-17-9b of the Code of West Virginia, 1931, as amended, relating to disbursement of fire insurance proceeds; authorizing the Insurance Commissioner to promulgate a rule providing for an insurance company to escrow a portion of the proceeds for fire cleanup costs; limiting application of provisions to municipalities which have adopted and filed an ordinance or other valid regulation; and limiting application of provisions to certain circumstances,"

With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4333) to the Committee on Government Organization was abrogated.
Resolutions Introduced

Delegates Blair, Anderson, Andes, Argento, Azinger, Barker, Beach, Blair, Boggs, Border, Browning, Burdiss, Campbell, Caputo, Carmichael, Cowles, Crosier, DeLong, Doyle, Doyle, Eldridge, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Iaquinta, Ireland, Kessler, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, C. Miller, J. Miller, Moore, Moye, Overington, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook, Sobonya, Spencer, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Talbott, Tansill, Mr. Speaker, Mr. Thompson, Tucker, Walters, White, Williams, Wysong and Yost # offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 53 - "Urging the Public Service Commission to reconsider its recent decision regarding adding a second area code for telephone users in certain areas of the state."

Whereas, All telephones in West Virginia have had the same 304 area code since the final North American Numbering Plan was approved in 1947; and

Whereas, The plan recently approved by the Public Service Commission splits the state geographically and those telephone users in central and southern West Virginia will retain the 304 area code while those in the north central counties, as well as the eastern and northern panhandles, will be assigned a new area code; and

Whereas, The decision to assign a new area code in the north central counties and the eastern and northern panhandles will have a negative financial impact on individuals, businesses, and institutions in these areas; and

Whereas, By assigning the new area code in an overlay approach rather than a geographic plan, the burden on residents would be lessened and the costs to businesses and institutions would be decreased; therefore, be it

Resolved by the Legislature of West Virginia:
That the Public Service Commission is urged to reconsider its recent decision regarding adding a second area code for telephone users in certain areas of the state.

Delegates Schoen, Andes, Paxton and Martin offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 54 - "Requesting the Division of Highways to name bridge number 40-33-5.92 (2151.0), also known as the Old Scary Railroad Overpass, located at or near mile post 5.92 on Route 33 in Putnam County, West Virginia, the 'PFC Michael J. Slater Memorial Bridge'."

Whereas, Private First Class Michael J. Slater was a kind and generous citizen who was born and raised in Scott Depot, West Virgina; and

Whereas, Private First Class Michael J. Slater served God, loved his family, always wanted to help people and always had a smile on his face; and

Whereas, Private First Class Michael J. Slater answered the call of duty and faithfully, courageously and heroically served his country in the United States Army as an 88M truck driver with Alpha Company, 407^th Brigade Support Battalion, 2^nd Brigade Combat Team, 82^nd Airborne Division in Iraq; and

Whereas, Private First Class Michael J. Slater distinguished himself by receiving the Bronze Service Medal, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Ribbon, Parachutist Badge and the Weapons Qualification Badge; and

Whereas, Private First Class Michael J. Slater bravely gave his life in Iraq when the load carried on his vehicle shifted, causing the vehicle to roll over; and

Whereas, It is appropriate to bestow a lasting memorial and tribute to honor this heroic young soldier who courageously and dutifully served his country and fellow citizens; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 40-33-5.92 (2151.0), also known as the Old Scary Railroad Overpass, located at or near mile post 5.92 on Route 33 in Putnam County, West Virginia, the "PFC Michael J. Slater Memorial Bridge"; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entrance of the bridge containing in prominent lettering, "The PFC Michael J. Slater Memorial Bridge"; and, be it

Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to Michael J. Slater's surviving parents, Chuck and Patricia Pauley Slater, who reside in Scott Depot, West Virginia, to the Secretary of Transportation and to the Commissioner of the Division of Highways.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate M. Poling:

H. B. 4589 - "A Bill to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for overtaking and passing a school bus"; to the Committee on Education then the Judiciary.
By Delegate Border:

H. B. 4590 - "A Bill to amend and reenact §11-1C-11 of the Code of West Virginia, 1931, as amended, relating to valuation of managed timberland"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Campbell, Crosier, Marshall and Canterbury:

H. B. 4591 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22j, relating to providing a cost-of-living provision for certain public employee retirement annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegate Campbell:

H. B. 4592 - "A Bill to amend and reenact §17C-4-7 of the Code of West Virginia, 1931, as amended, relating to motor vehicle accident reports"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Morgan, Eldridge, Swartzmiller, Martin and Schoen:

H. B. 4593 - "A Bill to amend and reenact §30-31-3 of the Code of West Virginia, 1931, as amended, relating to exempting people who hold a masters or a doctorate degree in marriage and family therapy from professional licensing as a counselor"; to the Committee on Government Organization.
By Delegates Eldridge, Argento, Rodighiero, Ellis, Hrutkay and Barker:

H. B. 4594 - "A Bill to amend and reenact §22-6-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-11-8 of said code, all relating to authorizing the Secretary of the Department of Environmental Protection to sign National Pollutant Discharge Elimination System permits"; to the Committee on Government Organization.
By Delegates Reynolds, Stephens, Boggs, Rodighiero, Perdue, Craig and Walters:

H. B. 4595 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-12a, relating to providing a corporate tax credit for qualified health insurance policies provided by corporate employers to employees"; to the Committee on Banking and Insurance then Finance.
By Delegate Duke:

H. B. 4596 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6C-1, §49-6C-2, §49-6C-3, §49-6C-4, §49-6C-5, §49-6C-6, §49-6C-7, §49-6C-8, §49-6C-9 and §49-6C-10, all relating to establishing the Consent to Health Care of Minors Act; definitions; caregiver's consent for minor's health care; duty of health care facility or practitioner; affidavit of caregiver consent; revocation or termination of consent; good faith reliance on affidavit; exceptions to applicability; penalty for false statement; and rule making authority"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Overington, Schadler, Andes, Brown, Shook, Sobonya and Moore:

H. B. 4597 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-19c, relating to prohibiting wagering at animal fighting ventures and providing a felony criminal penalty"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, Campbell, Canterbury, Crosier and DeLong:

H. B. 4598 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-31-1; to amend said code by adding thereto a new article, designated §27-18-1; and to amend said code by adding thereto a new section, designated §49-7-35, all relating to annual adjustments of certain provider payments under agreements entered into under the provisions of chapters sixteen, twenty-seven or forty-nine of this code, based on the nonseasonally-adjusted employment cost index issued by the United States Department of Labor"; to the Committee on Finance.
By Delegate Armstead:

H. B. 4599 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-9, relating to prohibiting cloning human embryos in state medical schools, colleges or universities; and providing dismissal from employment for this conduct"; to the Committee on Health and Human Resources then Education.
By Delegates Eldridge, Ellis, Rodighiero and Stephens:

H. B. 4600 - "A Bill to amend and reenact §5A-11-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5B-2A-6 of said code, all relating to prohibiting mining on cemetery land and the inclusion of surface mining on cemeteries in community impact statements"; to the Committee on the Judiciary.
By Delegates J. Miller, Andes, Lane, Carmichael, Porter, Blair, Ireland, Hamilton, Canterbury, Romine and Walters:

H. B. 4601 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-9a, relating to preparing the youth of West Virginia to succeed in life by providing them with an understanding of macroeconomics; directing the State Board of Education to develop a program of instruction on macroeconomics, emphasizing the basic principles of capitalism"; to the Committee on Education.
By Delegates Schoen, Martin and Paxton:

H. B. 4602 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-6-1c, relating to providing noise restrictions for residential areas outside incorporated municipalities"; to the Committee on the Judiciary.
By Delegates Reynolds, Stephens, Craig, Rodighiero and Morgan:

H. B. 4603 - "A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated balance in the Lottery Net Profit Fund to the state Bureau of Senior Services, account no. fund 5405, fiscal year 2007, organization 0508, all supplementing, amending the appropriation for fiscal year ending the thirtieth day of June, two thousand eight.

Whereas, The Governor submitted to the Legislature the executive budget document, dated January 10, 2007, which included a statement of the Lottery Net Profit Fund, setting forth therein the cash balance and investments as of July 1, 2007, and further included the estimate of revenues for fiscal year 2007-08, less net appropriation balances forwarded and regular appropriations for fiscal year 2007-08.

Whereas, It appears from the Governor's executive budget document there now remains an unappropriated balance in the State Treasury which is available for appropriation during fiscal year ending the thirtieth day of June, two thousand eight; therefore" to the Committee on Finance.
By Delegates Kessler, Burdiss, Rodighiero and Gall:

H. B. 4604 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-2A-4a, relating to requiring the Legislature to appropriate funds to the Small Claims Compensation Fund every six months"; to the Committee on Finance.
By Delegates Kessler, Burdiss, Rodighiero, Stephens and Gall:

H. B. 4605 - "A Bill to amend and reenact §46A-6-102 the Code of West Virginia, 1931, as amended, relating to making the renewal or extension of a cellular telephone contract over the telephone without reducing the terms to writing an unfair or deceptive act or practice; and making the charging of a cancellation fee for cancelling telephone cellular service without proper written contracts illegal"; to the Committee on the Judiciary.
By Delegates Canterbury, Staggers, Beach, D. Poling, Eldridge, Moore, Barker, Fleischauer, Higgins, Ellis and Sobonya:

H. B. 4606 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-25-1, §11-25-2 and §11-25-3, all relating to tax credit for certain solar water heating systems"; to the Committee on Finance.
By Delegate White:

H. B. 4607 - "A Bill to amend and reenact §7-22-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-13B-11 of said code; and to amend and reenact §8-38-12 of said code, all relating to special district excise tax authorization; the rates of such tax; and the electronic filing of returns and electronic payment of such tax, at the discretion of the Tax Commissioner, and the sharing of tax information and confidentiality of such information"; to the Committee on Finance.
By Delegates Webster, Brown, Fleischauer, Palumbo, Perdue, Reynolds, Lane, Beach, Craig, Moye and White:

H. B. 4608 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-12, relating to a study and investigation by the Department of Administration on the feasibility, implementation, effects and related issues in connection with creating a pilot program for child day centers operated by the State; and requiring that the Department of Administration report on same to the Joint Committee on Government and Finance prior to the first day of January, two thousand nine"; to the Committee on the Judiciary.
By Delegates Pino, Miley, Reynolds, Williams, Lane, Beach, Sobonya, Canterbury, Carmichael, Kessler and Perdue:

H. B. 4609 - "A Bill to amend and reenact §29-25-3 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Lottery Commission to require gaming facilities to issue monthly statements that list patrons' gaming winnings and losses"; to the Committee on the Judiciary.
By Delegates Doyle, Campbell, Tabb, Duke, Palumbo, Long, Frederick, Manchin, Caputo and Wysong:

H. B. 4610 - "A Bill to repeal §18B-10-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-6-4a of said code; to amend and reenact §5G-1-2 of said code; to amend and reenact §12-3-5 and §12-3-8 of said code; to amend and reenact §18B-1-3 and §18B-1-6 of said code; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-3 and §18B-2A-4 of said code; to amend and reenact §18B-4-5, §18B-4-5a, §18B-4-6 and §18B-4-7 of said code; to amend and reenact §18B-5-4, §18B-5-7 and §18B-5-9 of said code; to amend and reenact §18B-10-1, §18B-10-6 and §18B-10-6a of said code, all relating to providing more flexibility and freedom to all publicly funded state institutions of higher education for running its respective colleges and universities"; to the Committee on Education then Finance.
By Delegates Boggs, Webster, White and DeLong:

H. B. 4611 - "A Bill to amend and reenact §24-3-3b of the Code of West Virginia, 1931, as amended, relating to railroad safety; requiring the public service commission to undertake additional rulemaking pertaining the safety requirements for railway walkways"; to the Committee on the Judiciary.
By Delegates Webster, Proudfoot, Hrutkay, Guthrie, Long, Burdiss, Miley, Tabb, M. Poling, Hamilton and Staggers:

H. B. 4612 - "A Bill to amend and reenact §46A-6A-2, §46A-6A-3 and §46A-6A-3a of the Code of West Virginia, 1931, as amended, relating to new motor vehicle warranties; making the provisions related to the enforcement of new motor vehicle warranties applicable to vehicles purchased in any state"; to the Committee on the Judiciary.
By Delegates Walters, Webster, Kessler, Caputo, Fleischauer, Ellem, Brown, Manchin, Shook and Hamilton:

H. B. 4613 - "A Bill to amend and reenact §46A-6H-3 of the Code of West Virginia, 1931, as amended, relating to requiring court approval for certain structured settlement transfers; requiring appointment of guardian ad litem; payment of guardian ad litem, attorneys' fees and costs; required findings; and standard of proof"; to the Committee on the Judiciary.
By Delegates Webster, Staggers, Varner, DeLong, Fleischauer, Brown, Guthrie, Hatfield, Higgins, Palumbo and Doyle:

H. B. 4614 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating the spouse and dependent insurance coverage under the West Virginia Public Employees' Insurance Act; requiring coverage of pregnancy related conditions for covered spouses and dependents, when pregnancy related benefits are extended to covered employees by a group insurance plan; and providing that such coverage is excess or secondary coverage for each spouse and dependent who has primary coverage from any other source"; to the Committee on the Judiciary.
By Delegates Sobonya, J. Miller, Hamilton, Schadler, C. Miller, Overington, Evans and Canterbury:

H. B. 4615 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the first twenty thousand dollars of state pensions and social security benefits from West Virginia personal income tax"; to the Committee on Pensions and Retirement then Finance.
By Delegates White and Walters:

H. B. 4616 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-28, relating to health reimbursement accounts for local government employees"; to the Committee on Finance.
By Delegates Webster, Proudfoot, Stemple and Ellem:

H. B. 4617 - "A Bill to amend and reenact §31B-1-111 of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-5-504 of said code; to amend and reenact §31E-5-504 of said code; to amend and reenact §31E-14-1410 of said code; to amend and reenact §46A-2-137 of said code; to amend and reenact §47-9-4 of said code; and to amend and reenact §56-3-31 and §56-3- 33 of said code, all relating to service of process, service on corporation for-profit, service on corporation non-profit, service on foreign corporation, service of process against non residents involved in motor vehicle accidents, service of process against nonresidents having certain contracts with this state, constituting the secretary of state as attorney-in-fact for all limited partnerships, and service of process on certain nonresidents"; to the Committee on the Judiciary.
By Delegate Kominar:

H. B. 4618 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-13C-1, §33-13C-2, §33-13C-3, §33-13C-4, §33-13C-5, §33-13C-6, §33-13C-7, §33-13C-8, §33-13C-9, §33-13C-10, §33-13C-11, §33-13C-12, §33-13C-13, §33-13C-14, §33-13C-15, §33-13C-16 and §33-13C-17, all relating to viatical settlements of life insurance policies between life insurance policyholders and third parties; providing for licensing of viatical settlement providers and brokers; requiring payment of fees; authorizing proposal of and promulgation of rules, including emergency rules; and providing civil and criminal penalties for violations"; to the Committee on Finance.
By Delegates Schoen and Webster:

H. B. 4619 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-5A-101, §48-5A-102, §48-5A-103, §48-5A-104, §48-5A-105, §48-5A-106, §48-5A-107, §48-5A-108, §48-5A-109, §48-5A-110, §48-5A-111, §48-5A-112, §48-5A-113, §48-5A-114, §48-5A-115, §48-5A-116 and §48-5A-117, all relating to conducting certain family law proceedings under collaborative law procedures"; to the Committee on the Judiciary.
By Delegate Browning:

H. B. 4620 - "A Bill to amend and reenact §31-15A-2 and §31-15A-7 of the Code of West Virginia, 1931, as amended, all relating to infrastructure projects funded by the West Virginia Infrastructure Fund; providing definitions; specifying that infrastructure projects providing broadband services facilities be included in infrastructure projects eligible for funding; including the feasibility of inclusion of broadband transmission lines concomitant with the construction of new roads; providing that construction of broadband transmission lines may be funded from the infrastructure road improvement reserve account within the infrastructure fund; and removing the limitation of the amount of funds which may be annually transferred to the account"; to the Committee on Finance.
By Delegate Blair:

H. B. 4621 - "A Bill to amend and reenact §29-12A-5 of the Code of West Virginia, 1931, as amended, relating to exempting acts resulting in the taking or damaging of private property for public use from immunity with regard to political subdivisions"; to the Committee on the Judiciary.
By Delegates Morgan and Craig:

H. B. 4622 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting from taxation certain property owned by a nonprofit organization for housing and religious and leadership training to college and university students"; to the Committee on the Judiciary .
By Delegates Morgan, C. Miller and Craig:

H. B. 4623 - "A Bill to amend and reenact §18-23-4a of the Code of West Virginia, 1931, as amended, relating to establishing minimum deductions; and allowing governing boards to increase their contributions to employee retirement plans to one that exceeds the contributions of employees"; to the Committee on Government Organization.
By Delegates Hutchins and Yost:

H. B. 4624 - "A Bill to amend and reenact §9A-1-5 of the Code of West Virginia, 1931, as amended, relating to providing per diem pay and mileage for volunteers who drive veterans to hospitals"; to the Committee on Finance.

By Delegates Argento and Martin:

H. B. 4625 - "A Bill to amend and reenact §18-7A-25 of the Code of West Virginia, 1931, as amended, relating to the waiting period required for teachers to collect disability retirement benefits"; to the Committee on Finance.
By Delegate Klempa:

H. B. 4626 - "A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended, relating to state government construction contracts; and requiring disclosure of general and subcontractors license within two hours of the close of bids to the contracting public entity"; to the Committee on Government Organization .
By Delegates Schoen, Martin and Paxton:

H. B. 4627 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-29-1, relating to the control of noise pollution"; to the Committee on the Judiciary.
By Delegates White, Boggs, Kominar and Campbell (By Request):

H. B. 4628 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13Q-22, relating to providing a tax credit for new job creation by certain taxpayers; to the Committee on Finance.
By Delegate Williams:

H. B. 4629 - "A Bill to amend and reenact §32A-3-1 of the Code of West Virginia, 1931, as amended, relating to modifying the check cashing service fee making it consistent with the national average"; to the Committee on the Judiciary.
By Delegate Shook:

H. B. 4630 - "A Bill to amend and reenact §62-1C-12 of the Code of West Virginia, 1931, as amended, relating to provide that a recognizance secured by execution of a bail bond is void upon the finding that the accused person is guilty; and terminating bond liability"; to the Committee on the Judiciary.
By Delegates Fleischauer, Marshall, Beach, Shook, Moye, Duke, Sumner and Ellis:

H. B. 4631 - "A Bill to amend and reenact §18-9A-5b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-15 of said code, all relating to the hiring of substitute service personnel by county school boards who can be used on a daily basis but do not count against the yearly state aid fund"; to the Committee on Education.

By Delegates Browning, Wysong and Campbell:
H. B. 4632 - "A Bill to repeal §19-20-20 and §19-20-21 the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §19-20C-1, §19- 20C-2, §19-20C-3, §19-20C-4, §19-20C-5, §19-20C-6, §19-20C-7 and §19-20-8 of said code, all relating to providing the Dangerous and Vicious Dog Act; defining terms; providing the powers of law enforcement and humane officers; providing for the determination of a dangerous and vicious dogs; providing for exceptions; providing for if the owner is a minor; providing registration and handling requirements for dangerous dogs, providing for the responsibilities of the owner; providing criminal penalties and providing a notice to the states political subdivisions"; to the Committee on the Judiciary.

By Delegate Campbell:
H. B. 4633 - "A Bill to amend and reenact §18-20-1 of the Code of West Virginia, 1931, as amended, relating to approval of a student for homebound services and their rights as homebound students"; to the Committee on Education.

By Delegates M. Poling, Brown, Webster, Hatfield, Mahan, Campbell, Perdue and Boggs:

H. B. 4634 - "A Bill to amend and reenact §14-2a-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-9-5, all relating to the redirecting of a percentage of the Crime Victim's Compensation Fund to the funding of Child Advocacy Centers and the Child Advocacy Network; and to create a special revenue fund in the Division of Criminal Justice Services and to establish the uses of the funds"; to the Committee on Finance.

By Delegates Brown, Perdue, Hatfield, Boggs and Kominar:
H. B. 4635 - "A Bill to amend and reenact §33-25D-2 of the Code of West Virginia, 1931, as amended, all relating to prepaid limited health service organizations; and adding dental, vision, pharmaceutical and podiatric services to those services that may be offered by prepaid limited health service organizations"; to the Committee on the Judiciary.

By Delegate Kominar:
H. B. 4636 - "A Bill to amend and reenact §5A-3-10a of the Code of West Virginia, 1931, as amended; to amend and reenact §23-1-18 of said code; to amend said code by adding thereto a new section, designated §23-2-9a; to amend and reenact §23-2C-3, §23-2C-15 and §23-2C-17 of said code; to amend and reenact §23-5-1, §23-5-3, §23-5-5 and §23-5-11 of said code; and to amend and reenact §33-43-3 of said code, all relating to workers' compensation insurance; prohibiting public contracts with employers in workers' compensation default; clarifying that employees of the Insurance Commissioner are not subject to being deposed with regard to certain decisions; providing for the termination of licenses and permits to employers in workers' compensation default; requiring the adoption of exempt legislative rules to regulate certain third-party administrators and regarding utilization review; establishing fixed percentages for determining surcharges on covered employers; eliminating the requirement that private carriers maintain an office in this state; increasing the time in which private carriers must notify the Insurance Commissioner regarding coverage status; increasing the periods in which to file objections to claims decisions; providing for conditional payment of benefits; increasing salaries of members of the Board of Review; providing that carriers direct litigation on behalf of insured employers; and making certain workers' compensation surcharges subject to the Insurance Tax Procedures Act"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4637 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-15C-1, §31-15C-2, §31-15C-3, §31-15C-4, §31-15C-5, §31- 15C-6, §31-15C-7, §31-15C-8, §31-15C-9, §31-15C-10, §31-15C-11, §31-15C-12 and §31-15C-13, all relating to the deployment of broadband to the remaining unserved areas of the state; setting forth legislative findings and purpose; providing definitions; establishing the Broadband Deployment Council and its powers, duties and responsibilities; creating the Broadband Development Fund; categorizing areas of the state according to broadband access; retention of outside expert consultant to assist in categorization and other functions; stimulation of demand through public outreach and education; providing funding guidelines; emergency rulemaking authority; establishing project requirements and applications; requiring public notice; limiting liability; protecting confidentiality of trade secrets and proprietary business information; criminal penalties; and expiration of the council"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4638 - "A Bill to amend and reenact §22-3-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-6-22 of said code; and to amend and reenact §22-21-3 of said code, all relating to the recording of certain geologic information; requiring the filing of said information with the department of environmental protection and the state geological and economic survey; providing for the filing of core samples with the state geological and economic survey; and providing for confidentiality of certain geologic information"; to the Committee on the Judiciary.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4639 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-11B-1, §4-11B-2, §4-11B-3, and §4-11B-4 all relating to the establishment of the OxyContin Asset Forfeiture Fund"; to the Committee on Finance.

By Delegate Kessler:
H. B. 4640 - "A Bill to amend and reenact §33-2-3 of the Code of West Virginia, 1931, as amended, relating to the duties of the Insurance Commissioner"; to the Committee on the Judiciary.
By Delegate Miley:
H. B. 4641 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-4-17, relating to traffic accidents involving a motor carrier regulated by the Public Service Commission"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Pethtel (By Request):
H. B. 4642 - "A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to specifically authorizing the Commissioner of Highways to seek the advice of, and consult with, county commissions and prosecuting attorneys with regard to all roads in and outside of the state road system located in their counties; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Webster, Spencer, Palumbo, Moore, Marshall, Hatfield, Hutchins and Brown:

H. B. 4643 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-15, relating to minority business development; establishing an office within the West Virginia Development Office to promote and support the establishment and growth of minority owned businesses in this state; setting forth goals and objectives; and requiring an annual report to the West Virginia Legislature"; to the Committee on the Judiciary.
By Delegates Varner, Hrutkay, Ellem, Schadler and D. Poling:
H. B. 4644 - "A Bill to amend and reenact §62-1C-7 of the Code of West Virginia, 1931, as amended, relating to removing the provision allowing a bail posted by someone other than the person under bail to be forfeited for failure to comply with a condition of bail, other than that to appear"; to the Committee on the Judiciary.

By Delegates Overington, DeLong and Andes:
H. B. 4645 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-19c, relating to providing pastured racehorses with care that is the same or substantially similar to the care they received when being used for racing purposes"; to the Committee on the Judiciary.

By Delegates Miley, Fragale, Iaquinta and Stalnaker:
H. B. 4646 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-11-12, relating to including on the state personal income tax return a checkoff option to donate some or all of any tax refund to the 'Jackson's Mill 4-H Camp Checkoff Program'"; to the Committee on Finance.
By Delegate Beach:
H. B. 4647 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-14, relating to requiring county commissions to hold public hearings to gather public opinion and comments prior to public question elections"; to the Committee on the Judiciary.
By Delegate Campbell:
H. B. 4648 - "A Bill to amend and reenact §19-25-5 of the Code of West Virginia, 1931, as amended, relating to defining 'caving' as a recreational purpose and activity for which a landowner's liability for injury is limited"; to the Committee on the Judiciary.
By Delegate Miley:
H. B. 4649 - "A Bill to amend and reenact §61-2-28 of the Code of West Virginia, 1931, as amended, relating to increasing certain penalties for persons convicted of domestic battery and domestic assault including the requirement that they complete an approved batterers' course"; to the Committee on the Judiciary.
By Delegates Palumbo, Craig, Michael and Doyle:
H. B. 4650 - "A Bill to amend and reenact §3-1-16 and §3-1-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11a of said code; to amend said code by adding thereto two new sections, designated §3-5-6a and §3-5-6b; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; to amend said code by adding thereto a new section, designated §3-6-2a; and to amend and reenact §51-2-1 of said code, all relating to the nonpartisan elections of justices of the West Virginia Supreme Court of Appeals and circuit court judges; timing and frequency of election; ballot design and printing; separation from partisan ballot; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content"; to the Committee on the Judiciary.
Special Calendar
Third Reading
Com. Sub. for H. B. 4157, Allowing insurers who have been suspended from writing new policies to continue to service existing policies; 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. 69), 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, Moore and Varner.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4157) 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. 4331, Eliminating the requirement to send surrendered driver's licenses back to the original state of licensure; 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. 70), 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, Moore and Varner.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4331) passed.

On motion of Delegate Webster, the title of the bill was amended to read as follows:

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; 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."

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4512, Providing classifications of licensees to be licensed by the State Fire Marshal to engage in fire protection work; 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. 71), 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, Moore and Varner.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4512) passed.

Delegate DeLong moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 72), 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, Moore and Varner.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4512) 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
H. B. 4411, Exempting land-based finfish aquaculture facilities from certain sludge management requirements; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

Com. Sub. for H. B. 4124, Adding CPR and First Aid training to the health education curriculum in secondary schools,
Com. Sub. for H. B. 4138, Relating to rule making requirements of the Department of Health and Human Services,
Com. Sub. for H. B. 4139, Relating to licensing persons using bioptic telescopic devices to operate a motor vehicle,
Com. Sub. for H. B. 4407, Requiring automatic tire chains as standard equipment on all new school buses,

And,
Com. Sub. for H. B. 4524, Relating generally to the ethical standards of public officers, employees and lobbyists.

H. B. 4588, Relating to public school support; on first reading, coming up in regular order, was read a first time.

On motion of Delegate DeLong, the bill (H. B. 4588) was committed to the Committee on Finance.

At 11:53 a.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * * *
Evening Session
* * * * * * * *

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

Chairman White, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:
H. B. 4174, Consolidated Public Retirement Board, Benefit determination and appeal,
H. B. 4176, Consolidated Public Retirement Board, teachers' retirement system,
H. B. 4177, Consolidated Public Retirement Board, refund, reinstatement, retroactive service and loan interest factors,
H. B. 4210, Administration, controlling the public land corporation's sale, lease, exchange or transfer of lands and minerals,

H. B. 4257, Lottery Commission, racetrack table games rule,

And,
H. B. 4283, State Police, state police career progression system,

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. 4174, H. B. 4176, H. B. 4177, H. B. 4210, H. B. 4257 and H. B. 4283) were each 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. 4173, Consolidated Public Retirement Board, general provisions,

H. B. 4175, Consolidated Public Retirement Board, teachers' defined contribution system,

H. B. 4178, Consolidated Public Retirement Board, deputy sheriff retirement system,

H. B. 4215, Alcohol Beverage Control Commission, sale of wine,

H. B. 4216, Auditor, standards for requisitions for payment issued by state officers,

H. B. 4217, Auditor, state purchasing card program,

H. B. 4218, Consolidated Public Retirement Board, public employee retirement system,

H. B. 4219, Consolidated Public Retirement Board, state police,

And,

H. B. 4275, Secretary of State, use of digital signatures, state certificate authority and state repository,

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. 4173, H. B. 4175, H. B. 4178, H. B. 4215, H. B. 4216, H. B.4217, H. B.4218, H. B.4219 and H. B.4275) were each referred to the Committee on the Judiciary.

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:

H. B. 4022, Creating the Indigent Defense Commission to assist Public Defender Services,

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. 4022) 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. 4094, Relating to reimbursement of compensation to certain state employees for job- related training, education or professional development,

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. 4094) 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. 4269, Nursing Home Administrators Licensing Board, nursing home administrators,

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. 4269) was referred to the Committee on the Judiciary.

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:
H. B. 4026, Restricting public access to concealed weapons permit records,

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. 4500, Providing qualified entities access to the West Virginia Central Abuse Registry,

And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4500 - "A Bill to amend and reenact §15-2C-1 and §15-2C-6 of the Code of West Virginia, 1931, as amended, and to amend said code by adding a new section, designated §15-2C-9, all relating to providing qualified entities access to the West Virginia Central Abuse Registry; defining the responsibilities of qualified entities; and establishing fees for requests by qualified entities,"

With the recommendation that the committee substitute do pass.

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:

H. B. 4129, Establishing a special license for health care professionals who are retired and are donating their expertise in a clinic setting and providing such persons immunity from civil liability,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4129 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-18; to amend said code by adding thereto a new section, designated §30-3-16a; to amend said code by adding thereto two new sections, designated §30-4-8a and §30-4-10a; to amend said code by adding thereto a new section, designated §30-5-10a; to amend said code by adding thereto a new section, designated §30-7-6a; to amend said code by adding thereto a new section, designated §30-8-5a; to amend said code by adding thereto a new section, designated §30-14A-5; to amend said code by adding thereto a new section, designated §30-20-8a; to amend said code by adding thereto a new section, designated §30-21-16; and to amend said code by adding thereto a new section, designated §30-28-8a, all relating to the establishment of special, retired, volunteer and inactive licenses for certain professions and occupations; providing legislative rulemaking authority to the respective boards to set licensure criteria and continuing education; providing for special volunteer licenses for certain health care providers providing volunteer services; waiving certain licensing fees; and providing civil immunity for special volunteer licenses for certain health care providers,"

And,

H. B. 4515, Relating to reports by health care providers of persons incompetent to drive an automobile,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4515 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-3-13, relating to reports by health care providers of persons incompetent to drive an automobile,"

With the recommendation that the committee substitutes each do pass.

This being the final day for the introduction of bills, as mandated by House Rule 91a, at the request of Delegate DeLong, and by unanimous consent, the House of Delegates then returned to the Eighth Order of Business for the purpose of introducing bills.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates White and Kominar:
H. B. 4651 - "A Bill to repeal §19-23-30 and of the Code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal §29-5A-2 of said code; to repeal §29-22-26 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §11-9-2A of said code; to amend and reenact §19-23-1, §19-23-2, §19-23-3, §19-23-4, §19-23-5, §19-23-10, §19-23-11, §19- 23-13, §19-23-13b, §19-23-16 and §19-23-28 of said code; to amend and reenact §29-5A-1, §29-5A- 3, §29-5A-5, §29-5A-14 and §29-5A-24 of said code; to amend and reenact §29-22-1, §29-22-2, §29-22-3, §29-22-4, §29-22-5, §29-22-6, §29-22-7, §29-22-8, §29-22-19 and §29-22-28 of said code; to amend and reenact §29-22B-306 and §29-22B-308 of said code; to amend and reenact §29- 22C-3 of said code; and to amend and reenact §29-25-2 of said code; and to amend said code by adding thereto a new section, designated §11-9-2b; and to amend said code by adding thereto a new section §29-22-8a, and to amend said code by adding thereto a new section, designated §29-22A-3a, and to amend said code by adding thereto a new section, designated §29-22B-335, and to amend said code by adding thereto a new section, designated §29-25-2a; and to amend said code by adding thereto two new sections, designated §47-20-1a and §47-20-1b; and to amend said code by adding thereto two new sections, designated §47-21-1a and §47-21-1b; and to amend said code by adding thereto two new sections, designated §47-23-1a and §47-23-1b, all relating to gaming, animal racing and boxing, including horse and dog racing, pari-mutuel wagering, boxing, lottery, racetrack video lottery, racetrack table games, limited video lottery, authorized gaming facility, charitable bingo, charitable raffles and charitable raffle boards and games; renaming lottery commission as State Gaming Commission; abolishing the racing commission and the athletic commission and transferring their respective powers and duties to State Gaming Commission; transferring powers and duties of tax commissioner involving charitable bingo and raffles and charitable raffle boards and games to State Gaming Commission; making substantive changes necessary to effectuate changes; and specifying effective dates"; to the Committee on Government Organization.

By Delegates Schoen and Perdue:
H. B. 4652 - "A Bill to amend and reenact §16-9A-8 of the Code of West Virginia, 1931, as amended, relating to the sale of tobacco products in packages other than original factory wrapped packages"; to the Committee on the Judiciary.

By Delegate Doyle:
H. B. 4653 - "A Bill to amend and reenact §11-16-8 of the Code of West Virginia, 1931, as amended, relating to permitting the sale of nonintoxicating beer within three hundred feet from a church that consents to the sale"; to the Committee on the Judiciary.

By Delegates Overington and Doyle:
H. B. 4654 - "A Bill to amend and reenact §8A-7-10 of the Code of West Virginia, 1931, as amended, relating to growth county development"; to the Committee on the Judiciary.

By Delegate Miley:
H. B. 4655 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to assessed property valuations; and limiting the periodic valuation in certain circumstances"; to the Committee on Finance.

By Delegates Manchin and Walters:
H. B. 4656 - "A Bill to amend and reenact §11-15-8 of the Code of West Virginia, 1931, as amended, relating to requiring lobbyists and lawyers providing lobbying services to pay service tax"; to the Committee on Finance.

By Delegate Doyle:
H. B. 4657 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-23-17b, relating to establishing a business franchise tax credit to home builders who sell more than ten homes for less than two hundred, fifty thousand dollars that are greater than one thousand, two square feet, provided those homes are sold to public school teachers who are in the state's five counties that have the highest percentage of teachers who are less than 'highly qualified'; to the Committee on Finance.

By Delegates White, Kominar, Perdue and Iaquinta:
H. B. 4658 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating to the terms of participation in the Public Employees Insurance Agency of dependent children and employees hired on or after the first day of July, two thousand eight, upon retirement"; to the Committee on Finance.

By Delegates D. Poling and DeLong:
H. B. 4659 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to the use of tax exempt property by auctioneers"; to the Committee on the Judiciary.

By Delegates Hutchins (By Request) and Klempa (By Request):
H. B. 4660 - "A Bill to amend and reenact §8-14A-1 and §8-14A-3 of the Code of West Virginia, 1931, as amended, relating to procedures for municipal police officers and firemen investigations and hearings"; to the Committee on the Judiciary.

By Delegates Hutchins (By Request) and Klempa (By Request):
H. B. 4661 - "A Bill to amend and reenact §8-14-11 of the Code of West Virginia, 1931, as amended, eliminating civil service protection for probationary law-enforcement officers"; to the Committee on the Judiciary.

By Delegate Williams:
H. B. 4662 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Motor Vehicles to notify the West Virginia State Police when a registered sex offender purchases, trades or registers a motor vehicle"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Ellem, D. Poling, Azinger, Border and Anderson:
H. B. 4663 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to adding one magistrate to Wood County"; to the Committee on the Judiciary then Finance.

By Delegates White, Kominar, Boggs and Iaquinta:
H. B. 4664 - "A Bill to repeal §5A-3-27 and §5A-3-37 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-3-1, §5A-3-11, §5A-3-11a, §5A-3-37a and §5A-3-45 of said Code; all relating to the Purchasing Division of the Department of Administration"; to the Committee on Government Organization.

By Delegates Moore, Long, Perdue, Marshall, Hutchins, Morgan, Wysong, Schoen,
Webster, Hatfield and Carmichael:

H. B. 4665 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1, §5-26-2, §5-26-3, §5-26-4, §5-26-5 and §5-26-6, all relating to the creation of the Herbert Henderson Office of Minority Affairs as a cabinet in the Governor's office; providing legislative findings and purpose; establishing the cabinet; creating a citizen's advisory council; providing for duties of cabinet; powers of the cabinet; and creating a Minority Affairs Fund"; to the Committee on Government Organization.

By Delegates White, Kominar, Perdue and Iaquinta:
H. B. 4666 - "A Bill to amend and reenact §17A-2A-7 of the Code of West Virginia, 1931, as amended, relating to access of division of motor vehicle driver's license information to licensed private investigators and licensed security services"; to the Committee on the Judiciary.

By Delegate Shook:
H. B. 4667 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the retirement benefits of certain annuitants under the State Teachers Retirement System from state income tax"; to the Committee on Finance.
By Delegates Sobonya, Perdue, Staggers, Beach, Hamilton, Brown, Reynolds, C. Miller, Rodighiero, Hatfield and Rowan:

H. B. 4668 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-1A-11a; and to amend and reenact §60-3-9, all relating to the creation of the West Virginia Addictions Treatment and Recovery Fund by dedicating five cents per ounce of the uniform price of alcoholic liquors sold in this state to the fund"; to the Committee on Finance.

By Delegates Perry, Williams, Shaver and Hamilton:
H. B. 4669 - "A Bill to amend and reenact §20-2B-7 of the Code of West Virginia, 1931, as amended, relating to authorizing the Director of the Division of Natural Resources to create multi- year hunting, fishing and trapping licenses in increments of three, five or ten years; and authorizing the director to set fees for the multi-year licenses by legislative rule"; to the Committee on Finance.

By Delegates White, Kominar and Iaquinta:
H. B. 4670 - "A Bill to amend and reenact §5-16-18 of the Code of West Virginia, 1931, as amended, relating to authorizing the Public Employees Insurance Agency to charge interest to employers on amounts not paid timely"; to the Committee on Finance.

By Delegates Wells, White, Kominar, Stalnaker, Iaquinta, Boggs and Argento:
H. B. 4671 - "A Bill to amend and reenact §5A-7-11 of the Code of West Virginia, 1931, as amended, relating to confidential records"; to the Committee on the Judiciary.

By Delegates Overington, Perdue and Rowan:
H. B. 4672 - "A Bill to amend and reenact §30-10A-3, §30-10A-4 and §30-10A-8 of the Code of West Virginia, 1931, as amended, all relating to authorizing certified animal euthanasia technicians to administer a sedative to an animal prior to euthanizing if warranted to humanely euthanize the animal or to protect the animal euthanasia technician"; to the Committee on the Judiciary.

By Delegates Armstead and Carmichael:
H. B. 4673 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2G-1, §5B-2G-2, §5B-2G-3, §5B-2G-4, §5B-2G-5 and §5B- 2G-6, all relating to requiring a jobs impact statement for certain proposed legislation"; to the Committee on the Judiciary.
By Delegates Sobonya, J. Miller, Reynolds, Stephens, Rodighiero, Beach, Brown, Schoen, C. Miller, Staggers and Hatfield:

H. B. 4674 - "A Bill to amend and reenact §16-29-1 of the Code of West Virginia, 1931, as amended, relating to the release of a minor's medical records for drug testing to natural parent or legal guardian"; to the Committee on the Judiciary.

By Delegates Overington, Anderson and Armstead:
H. B. 4675 - "A Bill to repeal §55-7-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §55-7-13a, §55-7-13b and §55-7-13c, all relating to comparative fault, abolishing joint liability, providing that damages be allocated to any defendant held liable in direct proportion to that defendant's percentage of fault, and providing for method of assessing fault of the parties"; to the Committee on the Judiciary.

By Delegates Kominar, Iaquinta and Perdue:
H. B. 4676 - "A Bill to amend and reenact §11B-2-15 of the Code of West Virginia, 1931, as amended, relating to continuing the permissible annual appropriation of Public Employees Insurance Reserve Fund moneys for the bureau for medical services of the Department of Health and Human Resources"; to the Committee on Finance.

By Delegates White, Stalnaker, Kominar, Iaquinta and Argento:
H. B. 4677 - "A Bill to amend and reenact §29-6-7 of the Code of West Virginia, 1931, as amended, relating to reducing the requirement that the Director of Personnel must have five years experience in personnel management in order to better the state's recruitment abilities for the position"; to the Committee on Government Organization.

By Delegate Paxton:
H. B. 4678 - "A Bill to amend and reenact §18A-4-8 and §18A-4-8b of the Code of West Virginia, 1931, as amended, all relating to itinerant status for school service personnel; and information to be included in a notice of job vacancy"; to the Committee on Education.

By Delegates Shook and Beach:
H. B. 4679 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to the composition of the Municipal Home Rule Board and the timetable and responsibilities of the Municipal Home Rule Pilot Program"; to the Committee on the Judiciary.

By Delegates Ashley, White, Boggs, Anderson and Border:
H. B. 4680 - "A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to allowing for expanded employment of retired state employees in areas of critical need"; to the Committee on Finance.

By Delegate Hutchins:
H. B. 4681 - "A Bill to amend and reenact §8-14A-1 and §8-14A-3 of the Code of West Virginia, 1931, as amended, relating to definitions; and the process and procedure for hearing boards"; to the Committee on the Judiciary.

By Delegates Palumbo and Higgins:
H. B. 4682 - "A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to increasing the fine for littering from fifty dollars to one hundred dollars"; to the Committee on the Judiciary.
By Delegates Overington, Andes, Lane, Blair, J. Miller, Sobonya, Barker, Martin, Stalnaker, Shaver and Border:

H. B. 4683 - "A Bill to repeal §61-7-6a of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-4, §61-7-5 and §61-7-6 of said code, all relating to carrying concealed pistols or revolvers; extending recognition to all licenses issued by other states to nonresidents of this state; limitations; requiring the Attorney General to periodically notify the Governor, Attorney General and licensing authority of each state of such recognition; requiring the Attorney General to negotiate and execute reciprocity agreements to secure recognition of West Virginia licenses when required by other states as a condition of recognizing West Virginia licenses; and creating uniform rule concerning the requirement to carry and exhibit license when carrying a concealed pistol or revolver for both West Virginia licensees and licensees of other states whose licenses are recognized in this state"; to the Committee on the Judiciary.

By Delegate Palumbo:
H. B. 4684 - "A Bill to amend and reenact §11-13X-3, §11-13X-4, §11-13X-5, §11-13X-6, §11-13X-7, §11-13X-8, §11-13X-10, §11-13X-11, §11-13X-12 and §11-13X-13 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Film Industry Investment Act; specifying definitions; restricting qualification of expenditures to prevent qualification for more than one credit program; stating the amount of credit allowed in specified percentages; specifying review and certification of projects by the film office; specifying credit limitation and allocation of credit by the film office; specifying terms to be agreed by an eligible company; specifying duties of an eligible company upon completion of a qualified project; specifying forms and information to be filed by an eligible company with the film office; authorizing the transfer or sale of excess credits; specifying criteria for recapture, elimination or reduction of credit; specifying liability of credit transferor and transferee; specifying tax credit review information to be provided to the Legislature; specifying disclosure of certain information by the Tax Commissioner; and making amendments retroactively applicable to taxable years beginning after the thirty-first day of December, two thousand seven"; to the Committee on Finance.

By Delegates DeLong, Morgan, Brown, Duke and Caputo:
H. B. 4685 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §36-12-1, §36-12-2, §36-12-3, §36-12-4, §36-12-5, §36-12-6, §36- 12-7, §36-12-8, §36-12-9 and §36-12-10, all relating to creating the West Virginia Smoke Detector Act; requiring evidence that the residential property has an operational smoke detector installed in the immediate vicinity of each sleeping area within all one- to four-family dwellings; creating smoke detector disclosure form; requiring parties to acknowledge form; specifying time for disclosure; specifying liability of seller or seller's agent; providing remedies; and providing exemptions"; to the Committee on the Judiciary.

By Delegates Sobonya, C. Miller, Ireland, Romine and Rowan:
H. B. 4686 - "A Bill to amend and reenact §18-2-7c of the Code of West Virginia, 1931, as amended, relating to specifying the types of topics that are to be covered in school programs on personal finance"; to the Committee on Education.

By Delegates Armstead and Schoen:

H. B. 4687 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-5h, relating to directing the State Board of Education to determine what principal and teacher reports are unnecessary; and requiring the state board to identify to the Legislature these reports with recommendations on how to alleviate the administrative burden of these reports on principals and teachers"; to the Committee on Education.

By Delegates J. Miller, Sobonya, Blair, Andes and C. Miller:

H. B. 4688 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-9d, relating to establishing a corporate tax credit up to fifty percent of the corporation's net income tax for contributions to scholarship funds"; to the Committee on Finance.

By Delegate Craig:
H. B. 4689 - "A Bill to amend and reenact §5B-2-2 of the Code of West Virginia, 1931, as amended, relating to the Council for Community and Economic Development"; to the Committee on Government Organization.

By Delegates Sobonya, Lane, Stephens, Reynolds and Cowles:
H. B. 4690 - "A Bill to amend and reenact §21-11-10 of the Code of West Virginia, 1931, as amended, relating to disclosure of certain coverage aspects of a licensed contractor's insurance policy"; to the Committee on the Judiciary.

By Delegate Boggs:
H. B. 4691 - "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 and §21-5G-7, all relating to establishing the Flexible Leave Act; definitions; application; use of leave with pay earned; prohibited acts; and affect on leave granted under the Federal Family and Medical Leave Act of 1993"; to the Committee on Finance.

By Delegates White and Kominar:
H. B. 4692 - "A Bill to amend and reenact §7-6-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-13-22a of said code; to amend and reenact §12-1-4 and §12-1-5 of said code; and to amend said code by adding thereto a new section, designated §12-1-4a, all relating to permitting depositories of state, county, municipal and other public moneys to pool securities in lieu of other bonding and pledging requirements for public depositories; giving depositories of state moneys the same authority as depositories of municipal and county moneys to place such deposits in certificates of deposit which meet certain requirements, in lieu of providing a bond or security in lieu of bond; and permitting depositories of state, county, municipal and other public moneys to insure such deposits in excess of the amount insured by an agency of the federal government with a deposit guaranty bond issued by a bankers surety company"; to the Committee on Finance.

By Delegates Swartzmiller, Martin, Canterbury, Ashley, Eldridge and Talbott:
H. B. 4693 - "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 and §30-41-11, all relating to establishment of the Athletic Training Licensure Act of two thousand eight, providing for licensing of athletic trainers; defining the practice of athletic training and athletic injury; establishing the Athletic Trainers' Licensure Board; providing for operation of the board; providing for fees and costs associated therewith; setting forth the powers and duties of the board; providing for the educational and licensing requirements for practice as an athletic trainer; providing for continuing education; providing enforcement powers and procedures; providing for penalties and providing exemptions including provisions for exemption of licensed medical practitioners, student athletic trainers and state certified athletic trainers practicing in secondary school settings"; to the Committee on the Judiciary.

By Delegates Hutchins and Yost:
H. B. 4694 - "A Bill to amend and reenact §17B-3-6 of the Code of West Virginia, 1931, as amended, relating to suspension of drivers license for certain offenses if committed by college students; and permitting temporary license allowing driving to and from college and classes"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Schoen and Porter:
H. B. 4695 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-51, relating to devices on motor vehicles"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Shaver and Williams:
H. B. 4696 - "A Bill to amend §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 and §17A-3-7 of said code; to amend and reenact §17A-3A-2 and §17A-3A-3 of said code; to amend and reenact §17A-4-3 of said code; and to amend said code by adding thereto a new section, designated §17A-10-1a, all relating to registering and operation of mini trucks"; to the Committee on Roads and Transportation then Finance.

By Delegate Klempa:
H. B. 4697 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-22B-1, §5-22B-2, §5-22B-3, §5-22B-4, §5-22B-5, §5-22B-6 and §5-22B-7; all relating to prompt payment for public construction contracts; enacting the West Virginia Fairness in Public Construction Contract Act"; to the Committee on Finance.

By Delegate Blair:
H. B. 4698 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated as §11-23-29 and §11-24-43, relating to taxation; a credit for Ad Valorem tax paid on Manufacturing Inventory, and other tangible personal property which will reduce either or both the amount of business franchise tax or corporate net income tax owed, effective the first day of July, two thousand eight"; to the Committee on Finance.

By Delegate Blair:
H. B. 4699 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-3-3a, relating to requiring the Public Service Commission to allow Class I cities to enter into one or more agreements with contract carriers by motor vehicle"; to the Committee on the Judiciary.

By Delegates Manchin, Longstreth and Caputo:
H. B. 4700 - "A Bill to amend and reenact §16-29B-17 of the Code of West Virginia, 1931, as amended, relating to common standards for hospitals' charity care programs; bad debt collection programs; and requiring hospitals to provide free charity care to uninsured citizens one hundred one percent below poverty level and lowered rates to those citizens between one hundred and three hundred percent below poverty level"; to the Committee on Finance.

By Delegates Miley, Fragale and Iaquinta:
H. B. 4701 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to fleeing from a law-enforcement officer; and providing felony penalties for certain persons convicted of fleeing a law-enforcement officer"; to the Committee on the Judiciary.

By Delegate Kessler:
H. B. 4702 - "A Bill to amend and reenact §22-6-3, §22-6-4, §22-6-22, §22-6-23 and §22-6-34 of the Code of West Virginia, 1931, as amended, all relating to regulation and administration of oil and gas wells"; to the Committee on Finance.

By Delegate Spencer:
H. B. 4703 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-6, relating to salaries of state employees"; to the Committee on Finance.

By Delegate Iaquinta:
H. B. 4704 - "A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated balance in the State Excess Lottery Revenue Fund to the Division of Veterans' Affairs, account no. fund 8728 , fiscal year 2007, organization 0618, all supplementing, amending the appropriation for fiscal year ending the thirtieth day of June, two thousand eight"; to the Committee on Finance.

By Delegate Shook:
H. B. 4705 - "A Bill to amend and reenact §11-15-18b of the Code of West Virginia, 1931, as amended, relating to the distribution of the State Treasurer's 'Road Fund'"; to the Committee on Finance.

By Delegates Palumbo, Browning and Williams:
H. B. 4706 - "A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §60-1-8; and to amend and reenact §60-3-22, all relating generally to the sale of alcoholic liquor and nonintoxicating beer to underage persons; requiring mandatory carding of purchasers of alcoholic liquor or nonintoxicating beer; providing method to establish compliance with mandatory carding requirements; providing incentives for use of transaction scanning devices; and defining terms"; to the Committee on the Judiciary.

By Delegates White, Boggs, Kominar and Campbell (By Request):
H. B. 4707 - "A Bill to amend and reenact §7-11B-2, §7-11B-3, §7-11B-4, §7-11B-7 §7-11B-8, §7-11B-10, §7-11B-19, §7-11B-22 and §7-11B-26 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Tax Increment Financing Act"; to the Committee on Finance.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Mahan, Moore and Varner.

At 5:09 p.m., the House of Delegates adjourned until 11:00 a.m.,Tuesday, February 19, 2008.