__________*__________
Wednesday, January 16, 2008
EIGHTH 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 Tuesday, January 15, 2008, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4010, Removing the limitation on terms for members on the board of library directors,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4010 - "A Bill to amend and reenact §10-1-5 of the Code of West
Virginia, 1931, as amended, relating to the term of office a library board of director may serve,"
With the recommendation that the committee substitute do pass.
Chairman Iaquinta, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 3122, Relating to the definition of "eligible veteran" for certain state training and
employment preference benefits,
And reports the same back with the recommendation that it do pass, 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. 3122) was referred to
the Committee on the Judiciary.
Messages from the Executive
The Clerk read the following communication from the Speaker, appointing non-voting
members of the Select Committee on Senior Citizens Issues, which was filed in the Clerk's Office:
West Virginia House of Delegates
OFFICE OF THE SPEAKER
Charleston, WV 25305
January 15, 2008
The Honorable Gregory M. Gray
Clerk, West Virginia House of Delegates
Room 212M
State Capitol Complex
Charleston, WV 25305
Dear Clerk Gray:
I do hereby appoint the following as non-voting members of the Select Committee on Senior
Citizens Issues:
The Honorable Brent Boggs
The Honorable Ricky Moye
The Honorable Dan Poling
The Honorable Barbara Hatfield
The Honorable Locke Wysong
The Honorable Tom Azinger
Sincerely,
Richard Thompson,
Speaker of the House.
Resolutions Introduced
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Kessler and Moye:
H. J. R. 102 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one, article seven and section four, article seven thereof, relating to designating
the commissioner of insurance to be a constitutionally elected officer, and limiting a person elected
as commissioner of insurance to two terms; numbering and designating such proposed amendment;
and providing a summarized statement of the purpose of such proposed amendments"; to the
Committee on Constitutional Revision then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Perdue, Hatfield, Moore, Rodighiero, Wysong and Border:
H. B. 4051 - "A Bill to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as
amended, relating to providing only healthy beverages and healthy and nutritional snacks in the
county school system"; to the Committee on Health and Human Resources then Education.
By Delegates Perdue, Hatfield, Boggs, Long, Staggers, Border, Moore, Rodighiero and
Yost:
H. B. 4052 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4E-1, §16-4E-2, §16-4E-3, §16-4E-4 and §16-4E-5, all relating
to development of a maternal risk assessment advisory council; providing for legislative findings;
setting forth responsibilities of the advisory council; providing for legislative rule-making authority
within the Bureau for Public Health to develop a uniform maternal risk screening tool and providing
for applicability of the screening tool once developed"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Proudfoot, Webster, M. Poling, White, DeLong, Perdue, Longstreth,
Talbott, Manchin and Caputo:
H. B. 4053 - "A Bill to amend and reenact §61-3C-3 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto four new sections, designated §61-3C-4a,
§61-3C-4b, §61-3C-4c and §61-3C-4d, all relating to protecting computer owners and users from
computer spyware; making it unlawful for persons transmit computer software for the purpose of
modifying settings, collecting personal information by deceptive means or preventing reasonable
efforts to protect a computer to access a computer; making it unlawful to transmit software to control
in such a way as to cause damage or opening multiple pop-up windows; making it unlawful to
transmit software for the purpose of modifying setting that protect personal information; making it
unlawful to transmit software for the purpose of blocking reasonable efforts to block or disable
computer software; making it unlawful to induce the installation by misrepresentations or deception;
exceptions"; to the Committee on the Judiciary.
By Delegates Moye, Campbell, Crosier, Gall, Staggers, Canterbury, Barker, Stephens,
Kessler, Argento and Varner:
H. B. 4054 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6,
§15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11, §15-14-12 and §15-14-13, all relating to
illegal immigration; creating the West Virginia Taxpayer and Citizen Protection Act of 2008; stating
legislative purpose; making certain acts unlawful; preserving provision of certain benefits and services; providing penalties; identification documentation; requiring issuance of identification
documents to certain persons; providing exceptions; stating period of validity; providing for renewal
under certain circumstances; providing exception for certain documents; providing presumption of
validity for renewal, duplication or reissuance of driver licenses; requiring determination of
citizenship status for persons charged with certain crimes; requiring verification of persons
determined to be a foreign national; providing time limitation for verification; requiring notification
to certain entities; providing rebuttable presumption that certain persons are a flight risk; defining
terms; requiring participation in certain verification systems; prohibiting certain persons from
entering into contracts after certain dates; providing exceptions; establishing certain discriminatory
practices; providing exceptions; limiting certain cause of actions; requiring agencies and political
subdivisions to verify lawful presence of persons applying for certain benefits; providing for
nondiscriminatory treatment; excluding verification under certain circumstances; requiring execution
of affidavits; requiring certain applicants to be verified through the Systematic Alien Verification
for Entitlement Program; making certain actions subject to certain criminal penalties; authorizing
adoption of variations to stated requirements; requiring certain entities to submit an annual
compliance report; requiring certain entities to monitor certain program; requiring publication of
annual reports and certain recommendations; requiring certain entities to submit a report of errors
to certain agencies; requiring certain withholding of state income tax under certain circumstances;
providing for tax liability for noncompliance; preventing certain misinterpretation; directing the
Attorney General to negotiate terms of certain memorandum; requiring certain signatures;
prohibiting certain actions by government entities; authorizing private rights of action under certain
circumstances; requiring that certain persons be ineligible for postsecondary education benefits or
resident tuition; providing exception for persons enrolled during or before certain school years;
establishing a Fraudulent Documents Identification Unit within the West Virginia State Police
subject to availability of funding; stating purposes; stating duties; providing for employment of
sufficient employees; requiring certain periods of residence while attending certain schools; requiring satisfaction of certain admission standards; requiring presentation of certain documentation
or filing of certain affidavits; requiring presentation of certain documents after filing of certain
affidavits; requiring maintenance of documentation in certain records; providing qualifications for
meeting certain criteria; prohibiting certain additional conditions for persons enrolled during or
before certain school years; and providing an effective date"; to the Committee on Industry and
Labor, Economic Development and Small Business then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4055 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-4-21, relating to authorizing an additional salary bonus for
certain classroom teachers employed to provide classroom instruction in math, science, or special
education or employed in certain positions that have remained vacant for a period of one year or
more"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4056 - "A Bill to amend and reenact §18A-4-5a of the Code of West Virginia, 1931,
as amended, relating to requiring county board establishment of an additional supplemental salary
schedule for classroom teachers in certain circumstances; and specifying amount of funds and
uniform distribution"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4057 - "A Bill to amend and reenact §7-15-4 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new article, designated §7-17A-1, §7-17A-2,
§7-17A-3, §7-17A-4, 7-17A-5, §7-17A-6, §7-17A-7, §7-17A-8, §7-17A-9, §7-17A-10, §7-17A-11,
§7-17A-12, §7-17A-13, §7-17A-14 and §7-17A-15, all relating to the creation of joint emergency
service agencies; exempting such agencies from regulation by the Public Service Commission; exempting such agencies from taxation; and providing for the imposition and collection of fees"; to
the Committee on Political Subdivisions then Finance.
By Delegates Walters, Ashley, Hartman and Kominar:
H. B. 4058 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-4-22, relating to requiring group insurance companies and
third party administrators to furnish claims experience to policyholders"; to the Committee on
Banking and Insurance then the Judiciary.
By Delegates Border, Perdue, Staggers, Long, Schadler, Ennis, Moye, Stalnaker and
Stephens:
H. B. 4059 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-2-10a, relating to medical qualifications for school bus
operators; prohibition of dismissal, denial of or ineligibility for employment of school bus operators
who have diabetes mellitus requiring insulin; exceptions"; to the Committee on Health and Human
Resources then Education.
By Delegates Manchin, Caputo and Longstreth:
H. B. 4060 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as
amended, relating to powers of municipal self government"; to the Committee on Political
Subdivisions then the Judiciary.
House Calendar
Second Reading
H. B. 2020, Requiring mine operators to provide notice of hazardous chemical substances
and lead exposure to its employees; on second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
H. B. 4038, Allowing the Division of Labor to promulgate Rules to license elevator workers;
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. 2104, Ensuring victims' rights to testify at sentencing in criminal cases,
Com. Sub. for H. B. 2402, Prohibiting persons from impersonating a public official by
copying or imitating the markings of a public agency or official on a motor vehicle,
And,
H. B. 2503, Authorizing the Division of Motor Vehicles to issue an identification card to
West Virginia residents who already possess a valid driver's license.
At 11:22 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 17,
2008.