Charleston, Wednesday, January 9, 2008
[Mr. Speaker, Mr. Thompson, in the Chair]
This being the day fixed by Section 18, Article VI of the Constitution of the State of West
Virginia for the annual assembly of the Legislature, the members of the House of Delegates met in
their Chamber in the Capitol Building in the City of Charleston, and at 12 o'clock meridian were
called to order for the Second Regular Session of the Seventy-eighth Legislature by the Speaker, the
Honorable Richard Thompson.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The roll was then called (Roll No. 1), and 97 Delegates having answered to their names, the
Speaker declared the presence of a quorum.
On motion of Delegate DeLong, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had assembled for the Second Regular Session of
the 78th Legislature, as provided by Section 18, Article VI of the Constitution of the State, with a
quorum present, and was ready to proceed to the business of the session.
The Speaker appointed as members of such committee:
Delegates Fleischauer, Yost and J. Miller.
On motion of Delegate DeLong, the Speaker was authorized to appoint a committee of three to join with a similar committee of the Senate to inform His Excellency, the Governor, that the
Legislature had assembled in Regular Session as provided by Section 18, Article VI of the
Constitution of the State, with a quorum of each house present, was ready to enter into the business
of the session and to convey to him that it would be pleased to receive any communication he may
desire to present.
The Speaker appointed as members of such committee the following:
Delegates Guthrie, Swartzmiller and C. Miller.
Messages from the Senate
A message from the Senate, by
Senators Jenkins, Foster and Hall, announced that the Senate had assembled for the Second
Regular Session of the 78th Legislature, with a quorum present, and was ready to proceed to the
business of the session.
Delegate Fleischauer, from the Committee to notify the Senate that the House of Delegates
had assembled and was ready to proceed to the business of the session, reported the performance of
Delegate Guthrie, from the Committee to inform His Excellency, the Governor, that the
Legislature had assembled for the Second Regular Session of the 78th Legislature, reported that the
Committee had completed its assigned task.
Delegate DeLong announced the reintroduction and references to the various standing
committees of the following House Joint Resolutions from the First Regular Session of the 78th
House Joint Resolutions 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24,
25, 26 and 28.
Mr. Speaker, Mr. Thompson, offered the following resolution:
H. C. R. 1 - "Extending an invitation to His Excellency, the Governor, to deliver an address
to the Legislature and raising a Joint Assembly therefor."
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a
Joint Assembly of the Senate and House of Delegates at the convenience of the two houses;
therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the
Legislature at 7:00 o'clock postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates
appoint three members of each of the respective houses of the Legislature as a committee to wait
upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the
time herein appointed for hearing the address.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
In accordance with the provisions of the resolution, the Speaker appointed as members of the
committee to wait upon His Excellency, the Governor, the following:
Delegates Guthrie, Swartzmiller and C. Miller.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate DeLong offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. R. 1 - "Authorizing the appointment of employees for this, the Second Regular Session
of the Seventy-Eighth Legislature, two thousand eight".
Resolved by the House of Delegates:
That the Speaker of the House of Delegates be, and he is hereby, authorized to appoint
employees to perform technical, clerical, stenographic, custodial and other services for this session
of the Legislature to receive the per diems and salaries as herein provided, as follows:
(1) For per diem employees, the following rates:
One Receptionist to the Speaker and Stenographer to the Speaker Pro Tempore at one
hundred thirty-five dollars per diem;
One Receptionist/Stenographer to the Majority Leader's Office at one hundred five dollars
Assistant to the Majority Leader's Office at seventy dollars per diem;
One Assistant to the Speaker at three hundred dollars per diem;
One Receptionist to the Committee on the Judiciary at one hundred dollars per diem;
One Receptionist to the Committee on the Judiciary at seventy dollars per diem;
One Clerk to the Committee on the Judiciary at sixty-five dollars per diem;
One Clerk to the Committee on the Judiciary at sixty dollars per diem;
One Clerk to the Committee on the Judiciary at fifty-five dollars per diem;
One Attorney to the Committee on the Judiciary at two hundred twenty dollars per diem;
One Attorney to the Committee on the Judiciary at one hundred eighty-five dollars per diem;
One Attorney to the Committee on the Judiciary at one hundred eighty dollars per diem;
One Attorney to Finance at two hundred seventy-five dollars per diem;
One Committee Assistant to the Committee on Finance at eighty dollars per diem;
One Paralegal/Committee Clerk to the Committee on Finance at one hundred fifteen dollars
One Assistant Clerk to the Committee on Finance at eighty dollars per diem;
One Paralegal to the Committee on Finance at ninety dollars per diem;
One Messenger to the Committee on Education at sixty dollars per diem;
One Committee Clerk to the Committee on Education at one hundred twenty dollars per
One Committee Clerk to the Committee on Government Organization at sixty-five dollars
One Committee Clerk to the Committee on Health and Human Resources at seventy dollars
One Legislative Analyst to the Committee on Health and Human Resources
at one hundred
dollars per diem;
One Attorney to the Minor Committees at one hundred eighty dollars per diem;
One Committee Clerk to the Minor Committees at ninety-five dollars per diem;
One Committee Clerk to the Minor Committees at sixty-five dollars per diem;
Two Committee Clerks to the Minor Committees at seventy dollars each per diem;
Two Legislative Assistants to the Minor Committees at sixty-five dollars each per diem;
One Legislative Assistant to the Minor Committees at fifty-five dollars per diem;
One Supervisor to the East Wing at ninety-eight dollars per diem;
One Messenger at sixty-two dollars per diem;
Two Messengers at sixty dollars each per diem;
One Supervisor to the Journal Room at one hundred five dollars per diem;
One Clerk to the Journal Room at sixty-three dollars per diem;
Four Clerks to the Journal Room at sixty-two dollars each per diem;
Two Mail Clerks to the Journal Room at fifty-five dollars per diem;
One Doorkeeper at one hundred sixty-five dollars per diem;
One Assistant Doorkeeper at fifty-eight dollars per diem;
One Assistant Doorkeeper at seventy dollars per diem;
One Assistant Doorkeeper at sixty-one dollars per diem;
Two Assistant Doorkeepers at sixty-eight dollars each per diem;
One Assistant Doorkeeper at fifty-five dollars per diem;
One Assistant Doorkeeper at sixty-three dollars per diem;
One Sergeant-At-Arms at one hundred sixty-seven dollars per diem;
One Assistant Sergeant-At-Arms at seventy-five dollars per diem;
One Assistant Sergeant-At-Arms at sixty-seven dollars per diem;
One Assistant Sergeant-At-Arms at sixty-six dollars per diem;
One Stenographer to the Doorkeeper and Sergeant-At-Arms at sixty-eight dollars per diem;
One Head Page at sixty-five dollars per diem;
Two Maintenance Staff at sixty dollars each per diem;
Two Attorneys to the Minority Leader at one hundred sixty-five dollars each per diem;
One Stenographer to the Minority Leader at seventy dollars per diem;
One Stenographer to the Minority Leader at sixty-five dollars per diem;
Two Stenographer to the Minority Leader at sixty dollars each per diem;
One Stenographer to the Minority Leader at fifty dollars per diem;
One Document Clerk to the Clerk's Office at one hundred sixty dollars per diem;
One Receptionist to the Clerk's Office at one hundred thirty-five dollars per diem;
One Office Assistant to the Clerk's Office at sixty dollars per diem.
(2) For salaried full-time employees, the following employees at the following rates, in
addition to and exclusive of any experience increment or pay in lieu of an experience increment as
may be payable under Section 2, Article 5, Chapter 5 of the Code of West Virginia of 1931, as
One Chief Clerk/Parliamentarian at seven thousand three hundred thirteen dollars and
eighteen cents per month;
One Assistant Clerk at four thousand three hundred sixty dollars and twelve cents per month;
One Assistant Clerk at four thousand one hundred forty-eight dollars and sixty cents per
One Document Clerk at two thousand seven hundred fifty dollars per month;
One Document Clerk at two thousand five hundred dollars per month;
One Journal Clerk at two thousand five hundred dollars per month;
One Secretary at two thousand five hundred forty-one dollars and sixty-six cents per month
One Technical Assistant at four thousand six hundred fifty-six dollars and fifty-two cents per
One Technical Assistant at three thousand six hundred fifty-two dollars and eighty-eight
cents per month;
One Fiscal Officer at four thousand eight hundred eighty-eight dollars and sixty-four cents
One Assistant Fiscal Officer at three thousand two hundred fifty-nine dollars and forty cents
One Purchasing Agent at three thousand one hundred fifty-one dollars and ninety-two cents
One Mail Clerk at two thousand six hundred seventy-four dollars and twenty-four cents per
One Office Assistant at one thousand six hundred six dollars and fifty-four cents per month;
One General Counsel to the Speaker at seven thousand two hundred eight dollars and thirty-
One Executive Assistant to the Speaker at three thousand five hundred forty-seven dollars
and eighteen cents per month;
One Communications Director to the House at five thousand eight hundred sixteen dollars
and sixty-two cents per month;
One Assistant to the Majority Leader at three thousand seven hundred ninety-one dollars and
sixty-eight cents per month;
One Assistant to the Majority Whip Office at two thousand seven hundred eighty dollars and eighty-two cents per month;
One Maintenance Staff at two thousand seven hundred twenty-one dollars and seventy-six
cents each per month;
Two Maintenance Staff at two thousand two hundred eighty-four dollars and twelve cents
each per month;
One Maintenance Staff at one thousand eight hundred twenty-two dollars and sixty-two cents
One Chief Counsel to the Committee on Education at six thousand nine hundred twenty-five
dollars per month;
One Legislative Assistant to the Committee on Education at three thousand eighty-three
dollars and two cents per month;
One Legislative Assistant to the Committee on Education at two thousand seven hundred
fifty-five dollars and thirty-four cents per month;
One Policy Analyst to the Committee on Education at six thousand two hundred seventy-
three dollars and twelve cents per month;
One Chief Counsel to the Committee on Finance at seven thousand five hundred eighty-nine
dollars and eighty-six cents per month;
One Policy Analyst to the Committee on Finance at five thousand four hundred ninety-five
dollars and seventy-six cents per month;
One Budget Analyst to the Committee on Finance at four thousand eleven dollars and twenty-
four cents per month;
One Budget Analyst to the Committee on Finance at three thousand one hundred sixteen
dollars and ninety-six cents per month;
One Committee Clerk to the Committee on Finance at three thousand seven hundred twelve
dollars and sixty-two cents per month;
One Administrative Assistant to the Committee on Finance at two thousand nine hundred twelve dollars and forty-four cents per month;
One Chief Counsel to the Committee on the Judiciary at seven thousand four hundred one
dollars and sixty-six cents per month;
One Staff Council to the Committee on the Judiciary at five thousand seven hundred eight
dollars and thirty-four cents per month;
One Administrative Assistant to the Committee on the Judiciary at three thousand five
hundred dollars per month;
One Research Analyst to the Committee on the Judiciary at three thousand five hundred
forty-five dollars and eighty-two cents per month;
One Chief Counsel to the Committee on Government Organization at six thousand nine
hundred and fifty-five dollars and four cents per month;
One Attorney to the Committee on Government Organization at five thousand two hundred
seventy-five dollars per month;
One Legislative Assistant to the Committee on Government Organization at two thousand
nine hundred eighty-seven dollars and ninety-eight cents per month;
One Administrative Assistant
to the Committee on Government Organization at two
thousand four hundred fifty-three dollars and seventy-six cents per month;
One Chief Counsel to the Committee on Health and Human Resources
at seven thousand
fifty-two dollars and two cents per month;
One Research Analyst to the Committee on Health and Human Resources at three thousand
one hundred seventy-seven dollars and eighteen cents per month;
One Staff Attorney to the Minor Committees at six thousand three hundred seventy-five
dollars per month;
One Research Analyst to the Minor Committees at two thousand seven hundred ninety-one
dollars and sixty-six cents per month;
One Legislative Analyst to the Minor Committees at two thousand seven hundred ninety-eight dollars and fifty-four cents per month;
One Legislative Analyst to the Minor Committees at two thousand five hundred dollars per
One Legislative Assistant to the Minor Committees at two thousand eight hundred thirty-
three dollars and thirty-six cents per month;
One Legislative Assistant to the Minor Committees at two thousand nine hundred twelve
dollars and forty-four cents per month;
One Legislative Assistant to the Minor Committees at two thousand three hundred thirty-
three dollars and thirty-four cents;
One Executive Assistant to the Minority Leader at five thousand three hundred thirty-five
dollars and twenty-two cents per month;
One Assistant to the Minority Leader at two thousand six hundred twenty-five dollars per
The Speaker is authorized to appoint or assign additional or present employees and to
determine the rate of compensation therefor as he may deem necessary to expedite the work of the
House of Delegates; and be it
Further Resolved, That, in accordance with Chapter 4, Article 2A of the code, the Clerk of
the House is hereby authorized to draw his requisitions upon the Auditor for travel expenses and
compensation of members of the House of Delegates; and, be it
Further Resolved, That all appointments made under authority of the foregoing provisions
of this resolution shall be certified to the Auditor and Treasurer by the Clerk of the House, and the
Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor in
favor of the persons so appointed and the Auditor shall honor and pay such requisitions when
presented and charge same to the "per diem of officers and employees" fund or "contingent" fund
of the House of Delegates. The Clerk shall draw his requisitions in favor of employees for
consecutive days or months from the date of their employment at the per diem or salary herein set out until such time as their services shall cease. The Speaker may remove any employee and appoint
another in his or her place, and he shall require each of said employees to perform such duties as
shall be assigned him or her, and he is hereby given authority to dispense with the services of any
employee or employees for any such time or number of days as their services shall not be needed
during the session, and they shall not be paid for such time, nor shall other persons be appointed into
their places for any such time as they may be suspended when not needed; and, be it
Further Resolved, That the Speaker is hereby authorized to assign employees to such
positions and duties as he may deem proper to secure the most efficient and expeditious work during
the Session of the Legislature; and be it
Further Resolved, That no person appointed under authority of this resolution and receiving
pay hereunder shall concurrently receive compensation from any other department or agency of state
government and no person who availed himself or herself of early retirement under the provisions
of Senate Bill 10, First Extraordinary Session, 1988, may be appointed under the provisions of this
resolution. Notwithstanding designation of positions or duties herein prescribed, any employee may
be assigned additional duties by the person by whom appointed, and may be assigned to such
positions and duties, as may be deemed proper to serve the most efficient and expeditious work; and,
Further Resolved, That following the session, the Speaker, with approval of the Rules
Committee, is authorized until superceded by subsequent House Resolution, to remove or appoint
any employee of the House, and establish such duties and compensation as is deemed appropriate
for each employee; and, be it
Further Resolved, That any and all provisions of House Rule 9 in conflict with this resolution
are hereby suspended.
At the respective requests of Delegate DeLong, and by unanimous consent, the resolution (H.
R. 1) to a committee was dispensed with, and it was taken up for immediate consideration and
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 remainder of the day to
permit families of members and invited guests the privileges of the floor for the activities of the day
and for the duration of the session for the student interns who occasionally may be present to observe
the proceedings of the House.
Delegate DeLong announced the reintroduction and references to the various standing
committees of the following bills from the First Regular Session of the 78th Legislature: House Bills
2001, 2002, 2003, 2004, 2006, 2008, 2009, 2010, 2013, 2015, 2017, 2018, 2019, 2020, 2022, 2025,
2026, 2028, 2032, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2043, 2044, 2045, 2047, 2049,
2050, 2052, 2053, 2054, 2057, 2058, 2060, 2061, 2062, 2063, 2066, 2067, 2068, 2069, 2071, 2072,
2073, 2075, 2076, 2077, 2080, 2081, 2083, 2084, 2086, 2088, 2090, 2091, 2092, 2093, 2094, 2095,
2096, 2097, 2100, 2101, 2103, 2104, 2106, 2107, 2108, 2109, 2111, 2112, 2113, 2114, 2121, 2124,
2125, 2127, 2128, 2129, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2142, 2143, 2144, 2147,
2148, 2149, 2150, 2151, 2154, 2155, 2156, 2157, 2158, 2159, 2160, 2161, 2162, 2163, 2164, 2166,
2167, 2168, 2169, 2170, 2171, 2172, 2174, 2175, 2177, 2179, 2184, 2185, 2186, 2188, 2191, 2193,
2195, 2196, 2197, 2198, 2200, 2201, 2202, 2205, 2207, 2208, 2210, 2211, 2212, 2213, 2214, 2215,
2216, 2217, 2218, 2219, 2221, 2222, 2224, 2227, 2228, 2229, 2230, 2231, 2232, 2234, 2235, 2237,
2238, 2239, 2240, 2241, 2243, 2245, 2246, 2247, 2248, 2249, 2252, 2255, 2257, 2258, 2259, 2260,
2264, 2268, 2269, 2270, 2272, 2273, 2274, 2275, 2276, 2277, 2278, 2279, 2280, 2283, 2284, 2291,
2292, 2294, 2295, 2296, 2297, 2298, 2299, 2300, 2301, 2302, 2305, 2306, 2307, 2310, 2311, 2312,
2313, 2316, 2317, 2319, 2320, 2321, 2322, 2325, 2326, 2328, 2334, 2336, 2340, 2343, 2344, 2346,
2347, 2351, 2352, 2354, 2355, 2356, 2357, 2359, 2363, 2364, 2367, 2368, 2369, 2370, 2375, 2376,
2377, 2378, 2379, 2381, 2382, 2383, 2384, 2385, 2386, 2387, 2391, 2392, 2393, 2396, 2397, 2398,
2399, 2400, 2402, 2403, 2404, 2405, 2408, 2409, 2410, 2411, 2413, 2415, 2416, 2417, 2418, 2419, 2420, 2421, 2426, 2427, 2428, 2429, 2431, 2432, 2433, 2434, 2435, 2438, 2441, 2447, 2452, 2453,
2454, 2458, 2459, 2468, 2469, 2471, 2473, 2474, 2475, 2476, 2477, 2479, 2480, 2482, 2483, 2484,
2485, 2486, 2487, 2489, 2491, 2492, 2493, 2496, 2500, 2501, 2502, 2503, 2507, 2509, 2510, 2511,
2512, 2514, 2517, 2532, 2537, 2539, 2546, 2556, 2557, 2559, 2561, 2562, 2564, 2565, 2567, 2569,
2570, 2572, 2576, 2579, 2580, 2581, 2582, 2584, 2699, 2700, 2704, 2705, 2706, 2708, 2711, 2713,
2719, 2720, 2721, 2725, 2727, 2730, 2734, 2735, 2737, 2739, 2744, 2749, 2750, 2752, 2753, 2754,
2757, 2760, 2761, 2762, 2768, 2773, 2774, 2778, 2779, 2780, 2782, 2783, 2785, 2788, 2792, 2794,
2803, 2806, 2807, 2809, 2810, 2811, 2812, 2814, 2817, 2822, 2824, 2827, 2828, 2829, 2833, 2834,
2836, 2837, 2838, 2839, 2843, 2846, 2849, 2850, 2851, 2854, 2855, 2856, 2857, 2858, 2859, 2860,
2861, 2866, 2867, 2869, 2871, 2873, 2878, 2879, 2880, 2881, 2883, 2884, 2888, 2889, 2890, 2896,
2898, 2901, 2902, 2904, 2905, 2906, 2911, 2913, 2914, 2919, 2920, 2921, 2922, 2923, 2924, 2925,
2927, 2928, 2929, 2930, 2934, 2936, 2937, 2942, 2946, 2948, 2949, 2950, 2951, 2952, 2957, 2958,
2959, 2960, 2964, 2965, 2967, 2969, 2970, 2971, 2974, 2975, 2976, 2978, 2980, 2984, 2993, 2994,
2995, 2996, 2998, 2999, 3000, 3001, 3003, 3007, 3010, 3011, 3013, 3014, 3015, 3024, 3025, 3026,
3027, 3028, 3029, 3030, 3032, 3033, 3035, 3037, 3038, 3040, 3041, 3042, 3043, 3044, 3045, 3046,
3049, 3050, 3053, 3055, 3056, 3058, 3060, 3061, 3062, 3063, 3065, 3066, 3067, 3069, 3075, 3077,
3078, 3082, 3084, 3085, 3086, 3087, 3098, 3099, 3102, 3103, 3104, 3108, 3109, 3110, 3111, 3112,
3114, 3122, 3123, 3124, 3125, 3126, 3127, 3128, 3129, 3130, 3132, 3133, 3139, 3142, 3144, 3146,
3147, 3148, 3151, 3154, 3156, 3159, 3160, 3162, 3165, 3167, 3169, 3170, 3171, 3172, 3173, 3176,
3177, 3179, 3186, 3187, 3188, 3191, 3192, 3194, 3198, 3199, 3200, 3201, 3203, 3204, 3207, 3208,
3209, 3210, 3211, 3213, 3215, 3216, 3217, 3218, 3219, 3222, 3225, 3226, 3227, 3229, 3230, 3231,
3232, 3235, 3236, 3237, 3238, 3240, 3242, 3246, 3247, 3250, 3252, 3253, 3254, 3256, 3258, 3259,
3261, 3262, 3263, 3265, 3273, 3274 and 3276.
On motion for leave, bills were then introduced, read by their titles, and severally referred
By Delegate Argento:
H. B. 4001 - "A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as
amended, relating to providing certain county commissions with authority to regulate the location
of businesses selling sexually-oriented materials"; to the Committee on Political Subdivisions then
By Delegate Azinger:
H. B. 4002 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §48-18-105a, relating to providing a method in which males may
contest allegations or presumptions of biological parentage under certain circumstances"; to the
Committee on the Judiciary.
By Delegate Brown:
H. B. 4003 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §61-2A-1, §61-2A-2, §61-2A-3, §61-2A-4 and §61-2A-5, all
relating to creation of new criminal offenses for the trafficking of persons and involuntary servitude;
creating definitions; establishing involuntary servitude offenses; establishing offenses involving
sexual servitude of a minor; establishing offenses for trafficking of persons for forced labor or
services; and requiring restitution"; to the Committee on the Judiciary.
By Delegates Burdiss, Fleischauer, Longstreth, Swartzmiller, Gall, Caputo, Guthrie,
Hamilton, Azinger, Ennis and Klempa:
H. B. 4004 - "A Bill to amend and reenact §29-22-18 of the Code of West Virginia, 1931,
as amended, relating to the State Lottery Act and providing a special revenue fund for the
maintenance, repair and preservation of statues on the State Capitol grounds"; to the Committee on
Government Organization then Finance.
By Delegates Caputo, Longstreth and Manchin:
H. B. 4005 - "A Bill to amend and reenact §11-6D-7 of the Code of West Virginia, 1931,
as amended, relating to extending the alternative-fuel motor vehicles tax credit for ten years and
making the credit retroactive from the expiration date of the initial credit"; to the Committee on Finance.
By Delegate Guthrie:
H. B. 4006 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17-4-36a, relating to bicycle and pedestrian ways given full
consideration in the planning and development of state roads"; to the Committee on Roads and
Transportation then Finance.
By Delegate Guthrie:
H. B. 4007 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46A-2-140, relating to the prevention of predatory lending
practices"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Higgins:
H. B. 4008 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to requiring the Division of Motor Vehicles to offer an optional vehicle
registration plate with the phrase 'In God We Trust' inscribed on the plate"; to the Committee on
Roads and Transportation then the Judiciary.
By Delegate Martin:
H. B. 4009 - "A Bill to amend and reenact §30-4-4 of the Code of West Virginia, 1931, as
amended, relating to the West Virginia Board of Dental Examiners; changing the composition of the
board; providing that a dental hygienist connected with a dental college, school or dental department
of a university is eligible for appointment to the board; and requiring four years to lapse following
the completion of two full terms before a former member may be reappointed to the board"; to the
Committee on Government Organization.
By Delegates Morgan and Michael:
H. B. 4010 - "A Bill to amend and reenact §10-1-5 of the Code of West Virginia, 1931, as
amended, relating to library board of directors, the term of office a director may serve"; to the
Committee on Government Organization.
By Delegate Swartzmiller:
H. B. 4011 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Division of Motor Vehicles to create and issue a special
registration plate for Daughters of the American Revolution"; to the Committee on Roads and
Transportation then the Judiciary.
By Delegates Williams, Hartman and Shaver:
H. B. 4012 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-24-11c, relating to authorizing a corporation net income tax
credit for reducing charges for home heating fuel and propane gas provided to low-income
residents"; to the Committee on Finance.
By Delegates Burdiss, Fleischauer, Longstreth, Swartzmiller, Gall, Caputo, Guthrie,
Hamilton, Azinger, Ennis and Klempa:
H. B. 4013 - "A Bill to amend and reenact §9A-1-10 of the Code of West Virginia, 1931,
as amended, relating to the powers and duties of the Director of the Division of Veterans' Affairs
of West Virginia and requiring the director to establish a healthcare database for the veterans'
hospital in the state"; to the Committee on Veterans Affairs and Homeland Security then Finance.
At 12:18 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 6:45
p.m., and reconvened at that time.
* * * * * ** * * * * *
* * * * * * * * * * * *
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 1, Raising a Joint Assembly to hear an address by His Excellency, the Governor.
The Doorkeeper, the Honorable John A. Roberts, of the County of Berkeley, announced the
Honorable Earl Ray Tomblin, President, and the members of the Senate, who entered the Hall of the
House of Delegates.
The Speaker invited the President to be seated to his right and the other members to be seated
in the places reserved for them in the Well of the House.
The Doorkeeper next announced the Honorable Robin Davis, Chief Justice of the Supreme
Court of Appeals, and the Associate Justices, who entered the Hall of the House of Delegates and
took the seats reserved for them.
The Doorkeeper then announced the Board of Public Works, who were escorted to the seats
reserved for them.
The Speaker then recognized the Doorkeeper, who announced the special committee to wait
upon His Excellency, the Governor, and escort him into the Chamber.
Delegate Guthrie, from such committee, announced that, pursuant to the invitation of the
Legislature, His Excellency, the Governor, was present for the purpose of addressing the Joint
The Committee then escorted His Excellency, the Governor, to the Clerk's Desk. (Applause,
the members rising)
The Speaker presented the Honorable Joe Manchin, III, who addressed the Joint Assembly
Address by the Governor
The Governor. Mr. President, Mr. Speaker, Members of the Legislature, Distinguished
Guests and my fellow West Virginians:
Standing here in this historic chamber delivering my first State of the State address in January
of 2005, it was clear that the challenges ahead were daunting, but the possibilities for success were
Our most immediate task was to demonstrate to everyone in this state and across this nation that West Virginia was not only serious about getting its house in order but was also committed to
retaining and creating the good jobs with benefits that our people and their families deserve.
Working with a truly progressive Legislature, as well as with individuals and groups from all
sides of our state's many aisles, including our Vision Shared partners: the AFL-CIO, West Virginia
State Chamber of Commerce, AARP, the Business and Industry Council, West Virginia Education
Association, West Virginia Hospital Association and the United Mine Workers of America, I am
pleased to say that we have made significant strides in these efforts - strides that would not have been
possible without our unsung heroes - our state employees.
State employees are too often taken for granted by all of us, but I want them and everyone
listening tonight to know how important the work they do is to this state and how much I truly thank
them for helping us to achieve some really important goals.
While I'm sure we can all agree that there is much more to do, l want to share with you some
facts regarding what has been accomplished in West Virginia since I gave that first address.
And I'll start by talking about our most serious and enduring challenge - job creation.
This past year, a study by Expansion Management Magazine and the National Policy
Research Council that reviewed 19 million businesses across the country, ranked West Virginia 8th
in the nation for business recruitment and attraction. (Applause)
The state's average unemployment rate last year was 4.6 percent, the lowest unemployment
average in the state's history. (Applause)
And, the number of West Virginians working last year averaged 778,269 - the highest
number during a year ever recorded. (Applause)
I don't know about you, but I think those are some statistics that you can hang your hat on
the next time you're asked, how are things are going in West Virginia?!
But I also know that there are quite a few people out there right now saying, "Yeah, those
figures that you're stating sound good, but how can I be sure these expanding companies and good
jobs you keep talking about actually exist - and if they do exist, where are they?"
Well, I'll tell you where they are. They're in places like Harrison County, where GrafTech
International, which received training assistance from the state, has expanded its advanced graphite
materials production facility, and recently added 60 new jobs.
They're in Beaver, at Klockner Pentaplast, the world's leading producer of plastic films used
in medical and food packaging. This company recently evaluated their operations in West Virginia and has decided to expand their facilities with world-class technology, making this a center of excellence
in the southern part of West Virginia. And, because the state has consistently stood by them as a
partner, they plan to not only retain 41 good-paying jobs but add 15 more.
They're in Marshall County, where the largest investment in our state since Toyota is being
made. In excess of $100 million is being spent there to start the CertainTeed gypsum wallboard plant,
with the state assisting with an access road, infrastructure and training.
They're in Barboursville, at Second Creek Technologies, where a seven-member team is
growing a world-class computer forensics company right here in West Virginia. In addition, Second
Creek is drawing talent back home - talent like West Virginian Todd Nessel. Todd was working out-
of-state, but came home to West Virginia and is now helping to build Second Creek.
And they're in Berkeley Springs where at Washington Homeopathic, owners Joe and Linda
Lillard, who have received assistance with their e-commerce capabilities from our Small Business
Development Center, run a multi-million-dollar business that exports to more than 40 destinations
around the world and is growing by approximately 20 percent every year.
But what illustrates these jobs numbers best are the personal stories of the people who work
at these companies and the many others who are choosing to locate or expand in West Virginia.
People like Sonya Buck. Sonya, a single mother, was employed as a security guard at the
boarded up Walker Systems plant in Williamstown, W.Va., while also going to school to pursue a
better life. If someone came by the guard shack at Walker, they would sometimes see both Sonya and
her 10-year-old son, Cody, working on their homework together.
So when the Walker Systems facility was sold, Sonya was concerned. But, the new owners
of the plant, Hino Motors, one of the companies I was able to meet with on our economic development
trip to Japan, put her fears to rest and hired her as a logistics team member for their new Hino truck
production facility - the first assembly plant for Hino Motors in the United States, and now Sonya's
wages, benefits and working hours have all improved, allowing her to pay for her schooling and get
back on her feet financially.
And so that you can see for yourselves that the people and companies I've mentioned tonight
are real, at this time I would like to ask Joe and Linda Lillard, Todd Nessel, Sonya and Cody Buck and
Mark Arrington and David Veasey of Klockner Pentaplast to please stand and be recognized!
I'm also pleased tonight to welcome to West Virginia our 20th Japanese company, Kureha Corp. of Tokyo. Kureha will invest more than $100 million to build a plant to produce and sell a high-
performance polymer known as PGA at the DuPont chemical complex in Belle. Construction is
scheduled to start early this year with production set to begin in 2010. Liz Gershon and Tom Provost
of Kureha Corp. are here with us tonight, so please join me in officially welcoming them and Kureha
to the Mountain State. (Applause)
I also fully appreciate for those of you at home watching or listening tonight, that if you
haven't benefitted from all that I've just spoken about, it's hard to be too excited about these numbers
and stories - which is why I am still not satisfied and will remain totally committed to working hard
every day to make things better in West Virginia.
I also remain committed to running a "Responsible Government."
Since 2004, we've tackled our state's debts, putting an additional $1.7 billion toward our
retirement systems, so that our state employees can be confident that the money they've been working
so hard to earn will be there when they need it.
We've also done something that I don't think anyone ever thought could or would be done.
We've cut the size of state government for the second year in a row, the first consecutive decrease in
employees in at least 16 years, showing that the days of ballooning state payrolls are officially over.
And, we've improved services to our citizens. The West Virginia Bureau of Senior Services,
for example, has been steadily growing the number of seniors we assist. Over 1,500 seniors and their
families have benefited since just last July from the Bureau's new FAIR (Families with Alzheimer's
In-Home Respite) and LIGHTHOUSE programs, allowing them to receive services in their own homes
- with more seniors to be added this year.
We've committed over $300 million since 2004 to installing and upgrading water and sewage
systems throughout West Virginia, with at least $77 million worth of additional projects set to begin
this year, bringing clean drinking water and safe sewage systems to many West Virginians who have
never had them.
It is also estimated that 80 percent of West Virginia households now have access to
broadband Internet, up from 58 percent in 2004. And our friends at Cisco Systems, thanks to
Mountain State native and Cisco CEO John Chambers, are working closely with us and the state's
Internet providers to reach our 100 percent goal by 2010, so that our citizens and businesses can better
compete in today's global and technologically savvy economy. We've also reached an agreement with Verizon to place free public wireless broadband at all rest areas and information centers by the middle
of this year.
In addition, this year our Division of Natural Resources, working with The Nature
Conservancy, is preserving 4,600 acres of land on the rim of the New River Gorge (Applause),
providing significant new hunting and recreational opportunities in West Virginia.
And when it comes to putting money back into taxpayers' pockets, I believe we've
accomplished more in the past three years than ever before in this state.
West Virginia consumers have benefitted from over $80 million worth of reductions in their
insurance costs, with many more insurance companies doing business in West Virginia today than in
Our workers' compensation system, once known as the Achilles Heel of our state, has been
completely transformed. In addition to our injured workers receiving better and quicker service, our
businesses workers' comp costs have decreased by an average of 27 percent - resulting in savings of
roughly $150 million.
We've also cut taxes, because West Virginians deserve to keep more of what they earn.
(Applause) Specifically, we've saved the people of our state approximately $100 million a year by
increasing the low-income family tax credit; doubling the amount of the senior citizens refundable
homestead exemption tax credit; removing our "Welcome to West Virginia" motor vehicle privilege
tax; and, cutting our food tax in half.
Additionally, we removed another $100 million of tax burden from our businesses during the
past three years by reducing, among other things, our corporate net income and business franchise
taxes. And I will propose more reductions this year. (Applause)
These things add up. If you combine our tax cuts with our workers' comp decreases and our
insurance reforms, that's at least $430 million that has gone back to the hard-working people and
businesses of West Virginia.
And while doing all of this, we have also found ways to consistently increase the pay of our
state employees, school service personnel and teachers, with a majority of professional educators
receiving increases since 2004 of between 10.5 percent and 19.0 percent.
And I am confident that working together, we will continue this consistent and responsible
form of compensation. (Applause)
But do we still have a long way to go? You bet. Are there more things we need to do to create an even more responsible government? Absolutely. And, I can assure you we will do more to make
sure that you're able to keep as much money in your own pockets as possible, that local governments
will have even more autonomy to operate independently and that the state government in Charleston
will assist you, not get in your way. As our economy grows, we will continue to share.
We must also recognize that we have suffered great losses during these past three years as
From our state's soldiers who have died serving their country in places like Iraq and
Afghanistan, to our emergency service professionals who have died on duty in communities like
Ghent, we must not forget tonight to honor those brave men and women who are no longer with us.
(Applause, the members rising)
Last year, we passed legislation allowing for the beneficiary of a fallen firefighter or EMS
responder to receive $50,000 in death benefits from our state. It was the least that we could do for
those who we count on everyday to be there for us in an emergency.
And this year, for our veterans, I know that we are all concerned about the psychological and
emotional challenges that they are facing as they return from their dangerous overseas duties, and so
I pledge to work with the Legislature and the West Virginia Council of Churches' new program,
Carenet: Caring Beyond the Yellow Ribbon, to make sure we are providing our vets with the resources
and counseling they need. It is our duty to do right by these amazing men and women who have made
such tremendous personal sacrifices on our behalf. (Applause)
And, of course, we must also pause to remember our lost coal miners, whose deaths have led
to so many significant changes to our mine safety laws and procedures, not only in West Virginia but
across the country.
Since the tragedies at Sago and Aracoma, we have instituted a "rapid response" accident
reporting system, hired additional mine inspectors and better equipped and trained our mine rescue
We've made it easier to close an entire mine if a pattern of serious violations exist, have
restricted the use of belt air, have strengthened the requirements for the construction of mine seals and
instituted additional education courses for mine foremen and fire bosses.
In addition, all underground coal operations in the state are in full compliance with our new
emergency air pack requirements, which occurred six months earlier than originally scheduled and
amounts to over 40,000 new self-contained self rescuers deployed in our mines during the past year.
West Virginia also received its first underground emergency shelter in November with a total
of 308 shelters scheduled to be delivered over the next several months to mining companies
throughout the state. And the deployment of wireless communication and tracking devices in West
Virginia's mines, which has been a major undertaking, is now well under way. Coal company plans
for these devices have been received and approved and the deployment of these systems into our
state's mines has begun and will continue throughout 2008 - meaning that all of West Virginia's
underground coal mines should have these systems in place at least one year earlier than required by
the federal government. (Applause)
We want our state's workplaces to be the safest in the nation, and we've worked hard to put
in place improvements that don't just sound good but that will truly make a difference. And we will
not stop, because as everyone knows, one fatality is one too many.
As we begin to set our priorities for 2008, we must recognize that many West Virginians still
struggle everyday, worrying about their financial stability, the future of their children, and if they are
going to be able to properly care for their aging parents.
That is why we must continue to get our state's house in order so that we are providing the
best possible return on the investments of our citizens while also improving our economic climate so
that we are able to retain and attract even more good jobs with benefits.
And, of course, it all starts with education.
At this time, as is tradition, I would like to recognize Eric Kincaid from Morgantown High
School, this year's West Virginia Teacher of the Year. Eric is a science teacher who is innovative and
dynamic and infuses his students with enthusiasm - even building a life-size whale once as a teaching
tool! Eric is here with us tonight. Eric, will you please stand and be recognized? (Applause, with the
members rising) Also with us tonight are Mike Lutz and Jeff Moore from Toyota, which once again
is recognizing the importance of our teachers by providing our teacher of the year with a Toyota Prius.
Mike and Jeff, please stand so we can say thank you. (Applause)
As I mentioned earlier, I believe we can make more advances this year when it comes to
responsibly compensating classroom teachers like Eric. In addition, I also want to go back this session
and revisit a change that we made last year that just hasn't worked as I would have hoped.
One of the most important things that we can do to address teachers' salary issues across our
state is to provide counties with the flexibility within the School Aid Formula to capture more local
funds, so that they can contribute additional money to their teachers' pay based on their specific county needs. We gave that flexibility last year, but I have found that in many cases the money was
used for purposes other than the classroom salary supplements that it was meant for. Therefore, I will
introduce legislation this year that requires all of our counties to use 100 percent of this extra School
Aid Formula money for classroom teachers' salaries. (Applause)
We also have to take steps to improve the environment that our classroom teachers currently
work in and our children currently learn in.
Every year during the legislative session, we all come together and work on and talk about
education, but I sincerely believe that until we're committed to giving our teachers back the ability and
freedom to teach their students, instead of requiring them to spend their days policing their students,
we are never going to truly accomplish all of the other things that we know are so important in
Our teachers and our students deserve better, and I am determined to do better and to give
our teachers every possible tool they need to take back their classrooms, and we start tonight.
I have asked the 21st Century Jobs Cabinet to develop the "West Virginia Bill of Rights and
Responsibilities for Learning."
The Bill of Rights will set standards both for the rights and responsibilities of students while
in school and the authority of teachers to protect those rights and enforce those responsibilities.
Specifically, I don't believe we've done enough to prevent the problem of student bullying.
Student bullying must stop, and it must stop now.
While the State Board of Education has taken this issue seriously and our schools are required
by law to have anti-bullying plans in place, I want to go a step further and establish a commission to
thoroughly review the anti-bullying practices of our schools and recommend to me, the Legislature and
the State Board of Education, the best ways to expand our efforts to identify and stop dangerous and
bullying behavior before it becomes a threat, as well as how to best deal with disruptive students
during the school day. For example, what can we learn from the success that has been achieved by the
National Guard at the West Virginia Challenge Academy, and how can we take what they've learned
and apply it to how we handle our most troubled and disruptive students in the future.
I am also proposing that we revoke the driver's licenses of students who are found to have
committed serious offenses like assaulting a teacher or fellow student or bringing a dangerous weapon
to school (Applause), and add a requirement that in order to obtain and keep a driver's license between the ages of 16 and 18, you must receive passing grades. A drivers' license is a privilege, not a right.
Are these steps enough to truly give teachers back their classrooms? No, but they are a start.
And on a positive note for our children, I am proud to announce tonight the development in
our schools of Kids First, a kindergarten health screening program.
Through the use of administrative funds from the State Children's Health Insurance Program,
West Virginia will establish a health services initiative that is the first in the nation to ensure every
uninsured child entering kindergarten has a wellness screening prior to starting school. (Applause) A
comprehensive wellness screening is an important child development assessment tool and is already
covered by PEIA, Medicaid, CHIP and Blue Cross Blue Shield. By encouraging this early connection
to a medical home, we can ensure that children are healthy and ready to learn when school begins,
setting the stage for a strong and healthy population down the road.
Once this first class of kindergarteners is screened, our intentions are to provide follow-up
screenings as they reach 2nd, 5th and 8th grades so that we can continue to assess their health as they
grow. And I am pleased to say that Mountain State Blue Cross Blue Shield has generously offered to
contribute $1.5 million toward the Kids First program. (Applause) With us here tonight is Fred Early,
of Mountain State Blue Cross Blue Shield. Fred, please stand so that we can say thank you.
I am also pleased to announce the formation of WVRx. Beginning Feb. 1, uninsured working
West Virginians will be able to access free prescriptions at West Virginia Health Right. Because of
a public-private partnership between my office, West Virginia Health Right, Beckley Health Right,
the Benedum Foundation, the Heinz Family Philanthropies, the Attorney General's Office and Health-
E West Virginia, doctors, hospitals and patients will be able to access prescription drugs donated by
manufacturers by phone or e-mail via an efficient, paperless system. (Applause)
And for the future health of all of our citizens, we must continue our war on illegal drugs in
West Virginia. In the past, we have committed extra money to this effort, but this year, due to the hard
work of our State Police as part of an investigation led by federal prosecutors, we will be receiving
over $44 million to help combat our state's drug problem - and I believe that within the spending
guidelines and requirements given to us by the federal government, we can make tremendous strides
toward winning our drug war once and for all.
As I said in this chamber two years ago, I want our drug criminals to continue to know that wherever you are and wherever you may be hiding or hiding your illegal drugs, our troopers will find
Therefore, I am proposing that we use these new funds to institute my strategic spending plan
for a drug-free West Virginia.
Obviously, our best hope for reducing future drug use is to make sure our kids never start
using or dealing drugs in the first place. West Virginia has been nationally recognized for its
Prevention Resource Officer Program, a cooperative effort between schools and law enforcement
designed to put officers in schools to teach students about drug and safety issues and to recognize
potentialdanger, prevent violence and respond to dangerous situations.
We will build upon the current success of this program and partner with local police and
sheriff's departments to put Prevention Resource Officers in more schools in every county of our state.
Healthcare professionals are also a key resource in preventing prescription drug abuse, a
leading killer in West Virginia, and in helping those who have become addicted to prescription and
other illegal drugs. Therefore, we will work to develop and expand addiction training programs for
health care professionals throughout the state.
The State of West Virginia has also been implementing a solution known as "drug courts"
to help individuals convicted of minor crimes due to substance abuse problems get the treatment they
need, become productive members of society, and stay out of jail.
Research has documented that drug courts reduce repeat offenders and result in substantial
cost savings. That is why, as part of our statewide drug plan, we will provide funding for expanding
drug courts and needed substance abuse treatment. (Applause)
These funds will also be used directly by the State Police on such things as hiring additional
drug diversion investigators, adding additional law enforcement training courses, improving the State
Police Academy, installing mobile data terminals and purchasing electronic fingerprint capture
Used properly, these funds give us the opportunity to tackle our drug problems head on -
which will improve our law enforcement climate, our educational climate and even our economic
climate, because our businesses are looking for good, hard-working and, most especially, drug free
In fact, work force development is another one of the challenges we face in West Virginia today.
I never imagined that we would experience a time when companies couldn't find enough
skilled workers in our state, but that's exactly what's happening. If I've heard it once when out talking
to businesses, I've heard it 100 times - we need more skilled workers, and we need them to be trained
for the jobs of today, not the jobs of yesterday. We know we have the hardest-working people in the
world; now we just need to make sure we also have the best-trained.
So next to tackling our drug problems, the best thing we can do to improve our work force
is to target our higher education and work force development investments toward meeting the needs
of the state's growing and emerging industries.
The strategies for investment that I'm about to discuss all started when I visited the University
of Kentucky last year and learned about that state's "Bucks for Brains" program that provided money
to its two major research universities that was matched with private donations to create new
opportunities for state-of-the-art research and entrepreneurship.
From that seed, an entire tree is now about to be planted in West Virginia, with an initiative
I like to call "Bucks for Jobs."
West Virginia must be a player in the 21st century world economy, and to do so we need to
develop more intellectual and financial capital. "Bucks for Jobs" achieves both these goals by
leveraging smart, interconnected investments in economic development, higher education and work
force training. First, as part of our own "Bucks for Brains" initiative, and using one-time surplus
monies, we will create a $50 million endowment fund for our two research universities, WVU and
Marshall, to stimulate world-class research and development and attract venture capital, which will
eventually lead to jobs in emerging high-tech, high-wage industries. (Applause) The state's investment
will be matched, dollar for dollar, by private donations, resulting in sizable funds that will strengthen
our most-promising research departments - ultimately leading to business spinoffs, new patents and
At the University of Kentucky, for example, their state investments have so far resulted in 44
new start-up companies with over 870 employees - with the University of Louisville adding another
18 start-up companies.
Second, we will coordinate numerous federal and state work force training programs to create
a single and comprehensive "Training Bucks" program. We want to make sure that the money we're
already spending on work force training is being accessed by the businesses that need it and that all businesses in our state know about "Training Bucks" and how to get them.
I am also proposing a major investment in the development of two state-of-the-art advanced
These centers will offer training that is specialized to meet the needs of existing businesses
as well as those new businesses that we are now attracting to the state, and they will collaborate
directly with industry to design and deliver high-quality instruction.
In counties throughout West Virginia we also have serious shortages of workers in allied
health fields, from nurses, where our deficits are most acute and affect every community statewide,
to dental assistants, emergency medical technicians, pharmacy workers and surgery
technicians. Therefore, we must begin building the programs necessary to produce the large numbers
of critical healthcare specialists we will need to replace retiring Baby Boomers. To that end, we're
going to invest in existing programs at our community and technical colleges to fill this growing need.
This investment will result in approximately 1,000 new allied health field graduates every
year in West Virginia beginning in 2010. (Applause)
In addition, we must do a better job of keeping our best and brightest here in the Mountain
State. The Promise Scholarship has been a great program that I want to see continue, but I think in
order to make sure that the people of West Virginia are getting a return on the substantial investment
they're making in these students' futures, we need to ensure that our native sons and daughters look
seriously at their career options here before assuming that the pastures might be greener on the other
side of the state line. Therefore, I am proposing that the Promise Board develop a rule requiring
recipients to work in West Virginia following graduation as a condition of not having to pay back the
Promise Scholarship. (Applause)
I am also proposing that we add "payback" requirements for those new state employees who
receive additional state-paid training, such as our State Police officers, pilots, engineers and others.
Too often, we are spending state dollars to provide training for these new employees only to have them
then leave us for other job opportunities outside of state government once their training is complete.
While I would never stand in the way of employees bettering themselves or their families, the state
must not always be left holding the bag with nothing to show for it. (Applause)
And as important as the topics I've discussed so far are, I believe one of the biggest issues
that we face not only as a state but as a nation is energy.
Today, we hear the terms Energy Security and Climate Change spoken almost constantly. As we consider how our nation can provide an adequate energy supply that is environmentally
acceptable, we must recognize the critical role of clean coal technologies in this discussion. Because
of its wide availability, versatility and reasonable cost, clean coal will be strategically important to our
energy future. Coal currently is the fuel source for almost half of the electricity generated in the United
States. I sincerely believe that technological solutions leading to the greening of the coal industry hold
the key to America's security - which is why I am so committed to working toward the continued
development of clean coal technologies and the construction of clean coal power and fuel liquefaction
And with the carbon that these new technologies can capture having been proven to enhance
natural gas and oil production, it is clear that those industries have bright futures in our state as well.
In 2006 West Virginia produced over 1.7 million barrels of oil, and through enhanced oil recovery,
we will now be able to extend the production horizon of our reserves. Natural gas is also a
fundamental building block of our state's economy. We produce over 225 billion cubic feet of natural
gas a year to heat our homes and fuel our factories, and so I look forward to the continued success of
both of these industries in West Virginia.
I also recognize that West Virginia is rich in renewable energy sources too, such as biomass
in the form of wood and crop residue that will eventually be used to make fuel. Solar and wind
opportunities also have their place in our energy portfolio as well.
To that end, I am committed to examining the legal barriers that restrict the post-mining
development of surface mining operations and exploring ways to give priority to post-mining uses
involving renewable energy projects such as biomass, solar and wind, for the purpose of making these
lands productive. (Applause)
However, we must acknowledge that the main ingredient to a successful energy future is
sustainability. We need to keep learning how to optimize the use of our resources, become more
energy efficient, and minimize waste. And we can all do our part by simply switching to compact
fluorescent bulbs and installing high-efficiency heating and cooling systems, proper insulation and
storm doors - and the state will help you with these purchases in 2008 by providing a new "energy
efficient products" tax incentive.
We can also promote renewable energy and energy efficiency in our building designs. As part
of that effort here at the Capitol, we entered into an energy conservation and savings contract in 2005
that guarantees that the State Capitol Complex will reduce its energy consumption by at least 5 percent. However, I believe we can do more, and so I am directing our agencies to reduce consumption
by at least 10 percent this year. And I would ask you, in your homes and your businesses, to do the
same. (Applause) Every little bit of conservation can make a big difference in our overall energy
consumption, and it's as simple as turning off a light when you leave a room.
In addition, as we renovate the buildings on the Capitol Complex or build any new buildings
in the future, we're going to put in place energy-saving mechanisms that will make these buildings
Not since the 1970s has there been so much discussion about the role of energy and how it
is produced and used - and I challenge us all to do our part to ensure our state and our country have
a stable energy supply so that we can control our own destiny and protect our nation's security.
Going back once more to my first State of the State address, I remember saying then that I
believed it was a new day in West Virginia, not only for the families that live here, but for the
companies that want to do business and create good jobs here. I still believe that to be true - so much
so that if West Virginia were a company about to be listed on the stock market, I am confident that the
experts on Wall Street would recommend us as a "buy."
However, we can't continue down this path without help. As everyone knows, our best
resource has always been our people - and not just those who are here today living and working in
West Virginia, but those who were born or raised in West Virginia and have left the state because they
felt they had no other choice in order to make a living. Unfortunately, we are all guilty of teaching an
entire generation that they couldn't find a good job in West Virginia, so don't even bother trying.
Well, that's absolutely not true today, and now our challenge is to reverse these thoughts and show
those who have left that this is the perfect time to come home.
Some of the most successful people in the country are native West Virginians - Sylvia
Matthews, chief operating officer of the Bill and Melinda Gates Foundation; Wes Bush, president of
Northrop Grumman; Ralph Baxter of Orrick, Herrington & Sutcliffe who has come home to West
Virginia to co-chair our 21st Century Jobs Cabinet and, of course, as previously mentioned, John
Chambers, CEO of Cisco Systems. And I know there are many, many more success stories out there,
both large and small, that most of us aren't even aware of - except for the proud mothers, fathers,
brothers and sisters who deep-down wish their loved ones were achieving success here in West
Regardless of your field of expertise, we need you, and your intellectual capital, ingenuity
and work ethic, now more than ever.
We need those of you who have an entrepreneurial spirit, or those who have accomplished
your goals and are looking for a place where you can teach others all that you have learned. You'll
recognize much of what you left behind, but you'll also find a work force and a business community
that have made tremendous advancements.
While your coming home will help us to make this an even better place to live and work, it
will also be rewarding for you as well, because you'll be able to give something back to this place that
I know you've always carried with you in your heart and is such an important part of who you are.
So to get the word out, we are going to start a "Come Home to West Virginia" campaign this
year through our Department of Commerce.
This recruiting campaign will be aimed at bringing former West Virginia residents back home
to either work in West Virginia's growing industries or to expand in West Virginia the businesses they
have started in other places.
As Donna Briggs, a long-time employee at one of our welcome centers once told the New
York Times, "Looking over your shoulder and missing home is something West Virginians know a
So for those West Virginians out there longing to come home, know that we're keeping the
light on for you. I'm pretty positive you know the way, just take the nearest country road back home
to the place where you belong: West Virginia. (Applause) Or, more appropriately based on popular
opinion, "Wild, Wonderful West Virginia." (Applause, members rising)
I want to thank each and every one of you for allowing me the opportunity to tell the whole
world just how good you are. God bless you and may God save the great State of West Virginia.
(Applause, members rising)
* * * * * * *
At the conclusion of the address, His Excellency, the Governor, accompanied by the
Committee of Escort, retired from the Hall of the House of Delegates.
The Doorkeeper escorted the invited guests from the Chamber.
The members of the Senate retired to their Chamber, and the Speaker declared the Joint
The Speaker then called the House of Delegates to order and laid the following
communication from His Excellency, the Governor, before the House:
State of West Virginia
OFFICE OF THE GOVERNOR
January 9, 2008
Executive Message No. 1
The Honorable Richard Thompson, Speaker
West Virginia House of Delegates
Charleston, West Virginia 25305
Dear Speaker Thompson:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and
budget bill for the fiscal year beginning July 1, 2008.
With warmest regards,
Joe Manchin III
In compliance with Subdivision (4), Subsection (B), Section 51, Article VI of the
Constitution, the Speaker introduced the following bill, which was read by its title and referred to
the Committee on Finance:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead:
[By Request of the Executive]:
H. B. 4014 - "A Bill making appropriations of public money out of the Treasury in
accordance with Section 51, Article VI of the Constitution"; which was referred to the Committee
Accompanying the Budget Bill was a document showing estimates of revenue, expenditures,
etc., as required by Section 51, Article VI of the Constitution.
The Speaker announced Standing Committees for the Second Regular Session, 2008, as
AGRICULTURE AND NATURAL RESOURCES
Stemple (Chair Agriculture), Tabb (Vice Chair Agriculture), Talbott (Chair Natural
Resources), Argento (Vice Chair Natural Resources), Barker, Caputo, Crosier, Eldridge, Ellis,
Fragale, Martin, Moore, Moye, Paxton, Rodighiero, Shaver, Varner, Wells, Hamilton (Minority
Chair Natural Resources), Anderson (Minority Vice Chair Natural Resources), Canterbury, Evans
(Minority Chair Agriculture), Ireland, C. Miller, Romine (Minority Vice Chair Agriculture).
BANKING AND INSURANCE
Moore (Chair Banking), Perry (Vice Chair Banking), Kominar (Chair Insurance), Barker
(Vice Chair Insurance), Beach, Ellis, Guthrie, Hartman, Hutchins, Iaquinta, Kessler, Mahan,
Michael, Miley, Reynolds, Talbott, Williams, Andes, Ashley (Minority Chair Insurance), Azinger,
Border, Carmichael (Minority Chair Banking), Schoen (Minority Vice Chair Banking), Walters
(Minority Vice Chair Insurance).
Fleischauer (Chair), Hutchins (Vice Chair), Brown, Campbell, Caputo, Doyle, Guthrie,
Hatfield, Kominar, Long, Marshall, Morgan, Palumbo, Pino, Staggers, Wells, Webster, Anderson,
Blair, Ellem, Lane (Minority Vice Chair), J. Miller, Overington (Minority Chair), Sobonya.
M. Poling (Chair), Paxton (Vice Chair), Browning, Craig, Crosier, Ellis, Ennis, Frederick,
Fragale, Moye, Perry, Pethtel, Rodighiero, Shaver, Stephens, Ron Thompson, Wells, Williams,
Wysong, Duke (Minority Chair), Ireland, J. Miller, Romine, Rowan, Sumner (Minority Vice Chair),
White (Chair), Boggs (Vice Chair), Barker, Campbell, Doyle, Iaquinta, Klempa, Kominar,
Manchin, Marshall, Perdue, M. Poling, Reynolds, Spencer, Stalnaker, Tucker, Yost, Anderson
(Minority Chair), Ashley, Blair, Border, Carmichael (Minority Vice Chair), Evans, Walters.
Morgan (Chair), Martin (Vice Chair), Argento, Beach, Caputo, Cann, DeLong, Eldridge,
Hartman, Hatfield, Hutchins, Michael, Palumbo, D. Poling, Staggers, Swartzmiller, Talbott, Andes,
Canterbury (Minority Vice Chair), Cowles, C. Miller, Porter, Rowan, Schoen (Minority Chair).
HEALTH AND HUMAN RESOURCES
Perdue (Chair), Hatfield (Vice Chair), Boggs, Campbell, Cann, Eldridge, Fleischauer, Long,
Longstreth, Marshall, Moore, Moye, Pino, Rodighiero, Staggers, Stalnaker, Spencer, Wysong,
Ashley, Border (Minority Chair), Canterbury (Minority Vice Chair), Lane, J. Miller, Rowan,
INDUSTRY AND LABOR, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
Marshall (Chair Econ. Dev./Small Bus.), Browning (Vice Chair, Econ. Dev./Small Bus.),
Tucker (Chair Industry and Labor) Pethtel (Vice Chair Industry and Labor), Campbell, Craig,
Frederick, Guthrie, Hartman, Kessler, Klempa, Long, Mahan, Martin, Palumbo, Stephens, Spencer,
Yost, Andes, Blair (Minority Chair Econ. Dev./Small Bus.), Carmichael (Minority Vice Chair
Econ.Dev./ Small Bus.), Cowles, Hamilton, (Minority Vice Chair Industry and Labor), C. Miller,
Sobonya (Minority Chair Industry and Labor).
Webster (Chair), Proudfoot (Vice Chair), Brown, Burdiss, Fleischauer, Guthrie, Hrutkay,
Kessler, Long, Longstreth, Mahan, Miley, Moore, Pino, Shook, Stemple, Tabb, Varner, Azinger,
Ellem (Minority Chair), Hamilton, Lane, Overington (Minority Vice Chair), Schadler, Sobonya.
Manchin (Chair), Yost (Vice Chair), Beach, Browning, Craig, Doyle, Kominar, Miley, Palumbo, Perry, D. Poling, Proudfoot, Reynolds, Swartzmiller, Tabb, Ron Thompson, Varner,
Wysong, Cowles, Duke, Overington, Rowan (Minority Vice Chair), Schadler, Schoen, Sumner
ROADS AND TRANSPORTATION
Hrutkay (Chair), Stephens (Vice Chair), Argento, Boggs, Burdiss, Crosier, Ennis, Klempa,
Manchin, Martin, Michael, Pethtel, Pino, Proudfoot, Shook, Stalnaker, Wells, Wysong, Duke, Ellem,
Evans, Porter, Romine (Minority Chair), Schadler (Minority Vice Chair), Tansill.
Richard Thompson (Chair), Caputo, DeLong, Fragale, Hatfield, Hrutkay, Morgan, Poling,
Proudfoot, Talbott, Varner, Webster, White, Anderson, Armstead, Border, Carmichael, Overington.
VETERANS AFFAIRS AND HOMELAND SECURITY
Iaquinta (Chair Veterans Affairs), Longstreth (Vice Chair Veterans Affairs), Swartzmiller
(Chair Homeland Security), Ennis (Vice Chair Homeland Security), Burdiss, Cann, Hatfield,
Hrutkay, Hutchins, Paxton, Pethtel, D. Poling, Shook, Staggers, Stephens, Tucker, Williams, Yost,
Armstead, Azinger (Minority Chair Veterans Affairs), Ireland, Porter (Minority Vice Chair Veterans
Affairs), Sumner (Minority Vice Chair Homeland Security), Tansill (Minority Chair Homeland
Doyle (Chair), Beach (Vice Chair), Fragale.
LEGISLATIVE RULE -MAKING REVIEW
Brown (Chair), Miley (Vice Chair), Burdiss, Talbott, Overington, Sobonya.
PENSIONS AND RETIREMENT
Spencer (Chair), Craig (Vice Chair), Browning, Stemple, Stephens, Canterbury, Duke.
FOREST MANAGEMENT REVIEW
Crosier (Chair), Hartman (Vice Chair).
PARKS AND RECREATION
Eldridge (Co-Chair), Wells (Co-Chair).
Pino (Chair), Frederick (Vice Chair), Blair, Walters.
EMPLOYEES SUGGESTION AWARD BOARD
Wysong (Chair), Shaver (Vice Chair).
JOINT COMMITTEE ON TECHNOLOGY
Long (Chair), Campbell (Vice Chair).
* * * * * * *
At 8:06 p.m., on motion of Delegate DeLong, the House of Delegates adjourned until 11:00
a.m., Thursday, January 10, 2008.