__________*__________
Wednesday, January 30, 2008
TWENTY-SECOND 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 29, 2008, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 4052, Uniform Maternal Screening Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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, §16-4E-5 and
§16-4E-6 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, providing for applicability of the screening tool once developed, and providing
confidentiality of the tool,"
And,
H. B. 4099, Allowing certain vehicles designated by the Secretary of the Department of
Military Affairs and Public Safety to use red flashing lights,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4099 - "A Bill to amend and reenact §17C-15-26 of the Code of West
Virginia, 1931, as amended, relating to allowing certain vehicles designated for emergency response
or emergency management to use red or blue flashing warning lights,"
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. 2711, Providing that fire officers may use adjacent property to prevent fire from
spreading,
And reports the same back with the recommendation that it do pass.
Chairman Swartzmiller, from the Committees on Veterans Affairs and Homeland Security,
submitted the following report, which was received:
Your Committees on Veterans Affairs and Homeland Security have had under consideration:
H. B. 4206, State Police, professional standards investigations, employee rights,
And,
H. B. 4253, Insurance Commission, military sales practices,
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. 4206 and H. B. 4253)
were each referred to the Committee on the Judiciary .
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 72 - "A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the
Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia
Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing
the number of members"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 236 - "A Bill to amend and reenact §3-5-15 and §3-5-16 of the Code of West Virginia,
1931, as amended; and to amend and reenact §3-6-8 and §3-6-9 of said code, all relating to removing
obsolete language relating to the role of circuit clerks in elections"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 270 - "A Bill to amend and reenact §62-11A-1 of the Code of West Virginia, 1931, as
amended, relating to eliminating obsolete language requiring circuit clerks to handle and disburse
certain inmate moneys"; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegates Webster, Brown, Hatfield, Guthrie, M. Poling, Mahan, Fleischauer, Anderson,
Argento, Ashley, Border, Barker, Browning, Burdiss, Campbell, Cann, Caputo, Cowles, Craig,
Crosier, DeLong, Duke, Ellis, Ennis, Evans, Fragale, Gall, Hamilton, Hartman, Higgins, Hrutkay,
Hutchins, Iaquinta, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Manchin, Marshall, Martin, Michael, Miley, J. Miller, Moore, Moye, Palumbo, Purdue, Pethtel, Pino, D. Poling, Porter,
Proudfoot, Rowan, Schadler, Schoen, Shaver, Shook, Spencer, Staggers, Stalnaker, Stemple,
Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Wells, Williams, Wysong and Yost
offered the following resolution, which was read by the Clerk:
H. R. 13 - "Recognizing that domestic violence is a significant problem affecting West
Virginia families and communities."
Whereas, All persons have a right to be safe in their homes with their families; and
Whereas, During the fiscal year 2006-2007, 15,619 persons were served by one or more of
the fourteen (14) licenced domestic violence programs in the State; and
Whereas, According to the WV Coalition Against Domestic Violence, three (3) out of every
four (4) people that sought services from these programs were women; and
Whereas, A recent study released by the West Virginia Criminal Justice Services, Statistical
Analysis Center found that although women comprised fifty-one (51) percent of the state population,
they accounted for seventy-five (75) percent of all domestic violence victims; and
Whereas, The United States Centers for Disease Control and Prevention cite domestic
violence as a major health problem in the country with medical costs surpassing 5.8 billion dollars;
and
Whereas, Domestic violence is also a major law enforcement complication within West
Virginia, accounting for eighteen (18) percent of all crime victims in 2005 according to the Criminal
Justice Statistical Analysis Center; and
Whereas, According to statistics from the West Virginia State Police, in 2005, 6,533
incidents of domestic violence ended in the arrest of an offender; and
Whereas, Statistics from the Federal Bureau of Investigation indicate that thirty (30) percent
of all assaults on law-enforcement officers in 2005 were committed while the officers were
responding to domestic violence emergencies; and
Whereas, According to the National Law Enforcement Memorial Fund, in the last ten (10) years, eighty-one (81) law-enforcement officers have been killed in the line of duty while responding
to domestic violence emergencies; and
Whereas, According to the West Virginia State Police crime report, in 2005, thirty-four (34)
homicides in our State were the result of domestic violence; and
Whereas, Recent statistics from the West Virginia State Police indicate that six (6) children
died as a result of domestic violence in 2005; and
Whereas, A published and often cited study of family violence by Strauss, Gelles, and
Smith by the Family Research Laboratory at the University of New Hampshire found that boys who
witness domestic violence are twice as likely to abuse their own partners and children when they
become adults; and
Whereas, Domestic violence affects people of both sexes, all races, ethnic backgrounds and
socioeconomic classes; and
Whereas, Domestic violence can be deterred, prevented, and reduced, through a large
network of private, public, and non-profit entities working together to form a coalition providing
social, legal, medical, educational and protective services for victims of domestic violence; and
Whereas, For twenty-five (25) years, the West Virginia Coalition Against Domestic
Violence has been working to provide safe space, quality services, and systematic change to assure
families options for building lives free from violence; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates recognizes domestic violence as a significant problem in West
Virginia and commits itself to addressing this problem with the seriousness that it deserves and
working to achieve solutions that deter, prevent and reduce domestic violence.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 13) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Delegate Palumbo, Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Armstead, Ashley, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo,
Carmichael, Crosier, DeLong, Doyle, Ellem. Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick,
Guthrie, Hamilton, Hatfield, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa, Lane, Long, Manchin,
Miley, C. Miller, J. Miller, Morgan, Moye, Overington, Paxton, Pethtel, Pino, D. Poling, Porter,
Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Sobonya, Spencer, Staggers, Stalnaker,
Stemple, Stephens, Tabb, Varner, Webster, Wells, Williams and Wysong offered the following
resolution, which was read by the Clerk:
H. R. 14 - "Designating January 30, 2008, as 'Social Work Day'."
Whereas, Social workers have the right education and experience to strengthen and guide
individuals, families and communities through complex issues and choices; and
Whereas, Social workers bridge the gap for individuals, families, and communities to
available resources and services; and
Whereas, Social workers are dedicated to improving the society in which we live through
the shaping of numerous programs and policies; and
Whereas, Social workers are positive and compassionate individuals who make a significant
impact on the well-being of society; and
Whereas, Social workers stand up for others in overcoming adversities to insure everyone
has access to the same basic rights, protections, and opportunities; and
Whereas, Social workers help people help themselves in many settings, including private
practices, family counseling centers, courts, nursing homes, hospices, mental and behavioral health
clinics, child welfare agencies, hospitals, schools, universities, prisons, corporations, legislatures,
public and private agencies; and
Whereas, Social workers have been the driving force behind important social movements
in the United States and abroad, continuing today with the theme Help Starts Here; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 30, 2008, as Social Work Day in recognition of professional social workers and their commitment and dedication to individuals,
families, and communities everywhere though legislative advocacy, service delivery, research, and
education; and, be it
Further Resolved, That the House of Delegates invites all members of the West Virginia
Legislature and all citizens of the great State of West Virginia to join in recognizing and celebrating
the many dedicated professional social workers and students of social work within our midst and
across the state; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this
resolution for the West Virginia Chapter of the National Association of Social Workers.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 14) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Petitions
Mr. Speaker, Mr. Thompson, presented a petition on behalf of faculty and staff of Prichard
Elementary School in Wayne County, in support of the option of returning to the former teacher's
retirement system; which was referred to the Committee on Finance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Miley, Webster, Burdiss, Proudfoot, Guthrie, Brown, Fleischauer and
Kessler:
H. B. 4332 - "A Bill to amend and reenact §23-1-2 of the Code of West Virginia, 1931, as
amended, relating to revising insurance commissioner reporting requirements to the legislature on
workers' compensation insurance rules, policies and guidelines"; to the Committee on the Judiciary.
By Delegates Morgan, Stephens, Craig, Reynolds, Higgins, Klempa and Hutchins:
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; requiring an insurance company to
pay a portion of the proceeds to a municipality 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"; to the Committee Banking and
Insurance then Government Organization.
By Delegate J. Miller:
H. B. 4334 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2I-11, relating to reporting requirements for physicians and
the Department of Health and Human Resources when it is suspected that a woman has suffered
injury or death due to an induced abortion; contents of the reports; duties of the department; and
penalties"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Hrutkay:
H. B. 4335 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §19-23-6a, relating to requiring greyhound race dogs to be kept in
the state for six months before they may engage in greyhound racing training"; to the Committee on
the Judiciary.
By Delegate Shook:
H. B. 4336 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2B-5, relating to prohibiting any person who is not a physician
licensed to practice in this state from performing an abortion; and providing a penalty for same"; to
the Committee on Health and Human Resources then the Judiciary.
By Delegates Morgan, Martin, Hatfield and Guthrie:
H. B. 4337 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-27-18, relating to authorizing the Board of Barbers and
Cosmetologists to increase fees for one year"; to the Committee on Government Organization.
By Delegate Carmichael:
H. B. 4338 - "A Bill to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as
amended, relating to the discharging of firearms within a certain distance of a dwelling house"; to
the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Hrutkay:
H. B. 4339 - "A Bill to amend and reenact §19-23-4 of the Code of West Virginia, 1931, as
amended, relating to increasing the state Racing Commission from three to five members; and
establishing who may serve as members"; to the Committee on Government Organization then
Finance.
By Delegate Williams (By Request):
H. B. 4340 - "A Bill to amend and reenact §46A-6-101, §46A-6-105 and §46A-6-106 of the
Code of West Virginia, 1931, as amended, all relating to clarification of West Virginia's consumer
protection law; providing for statement of legislative intent; providing exemption for matters
regulated by the Federal Trade Commission; providing standards for actions by consumers;
providing for jury trials; and providing for effective date"; to the Committee on the Judiciary.
By Delegates Pethtel, Ennis, Crosier, Rodighiero, Rowan, Sumner, Tansill and M.
Poling:
H. B. 4341 - "A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931,
as amended, relating to payment of National Board for Professional Teaching Standards salary bonus
to holders subsequently employed in certain administrative and instructional leadership positions";
to the Committee on Government Organization then Finance.
By Delegates Martin, Argento, Caputo, Eldridge, Hrutkay, Perdue, Morgan, Stemple,
Talbott, Tucker and Walters:
H. B. 4342 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto four new sections, designated §5B-2-9a, §5B-2-9b, §5B-2-9c and §5B-2-9d, all relating to
creating a State Trail Authority within the Development Office; authorizing the authority to appoint
a Statewide Trail Coordinator and to hire District Trail Coordinators; specifying the powers of the State Trail Authority; and specifying powers and duties of Statewide Trail Coordinator and District
Trail Coordinators"; to the Committee on Government Organization then Finance.
By Delegates Browning, Boggs, Campbell, Craig, Swartzmiller and Walters:
H. B. 4343 - "A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new article, designated §5B-4-1, §5B-4-2,
§5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9, §5B-4-10, §5B-4-11, §5B-4-12,
§5B-4-13, §5B-4-14 and §5B-4-15; and to amend and reenact §18B-3-2 of said code, all relating to
infrastructure; expanding technology infrastructure to provide broadband Internet access throughout
the State of West Virginia; donation of surplus computers; authorizing Chief Technology Officer to
establish donation program; requiring Chief Technology Officer to consult with and assist higher
education institution governing boards in creating a donation program; requiring Chief Technology
Officer to study the recycling of obsolete technology; exempting donated computers from certain
procedures relating to disposition of surplus property; creating the Electronic Telecommunication
Open Infrastructure Act (ETOPIA); providing definitions for terms used in the article; setting forth
legislative findings; requiring an inventory and mapping of the current availability of access to
broadband communications in this state; developing coordinated deployment and operation of
technology infrastructure within this state; providing for technology infrastructure inventory, local
government cooperation and inventory survey reporting requirements; authorizing emergency and
legislative rules; prescribing the authority of the Secretary of Department of Administration;
describing specific authorized disclosures of confidential information; creating Joint Legislative
Oversight Commission on Transportation and Infrastructure; providing subpoena powers; providing
for enforcement of subpoena power through a court of competent jurisdiction; prescribing the powers
and duties of the Secretary of Commerce; establishing reporting requirements; authorizing secretary
to provide technical and funding assistance to develop technology infrastructure; authorizing
secretary to engage in consulting services for fee; authorizing contractual and joint venture
agreements; providing for the liberal construction of article; utilizing broadband infrastructure, technology and information to enhance early childhood development; providing for the
confidentiality of trade secrets and proprietary information; providing for criminal penalties for
unlawful disclosure of confidential information or data; and expanding number of higher education
institutions authorized to create computer and computer equipment donation program"; to the
Committee on Government Organization then the Judiciary.
By Delegates Webster, Overington, Pino, Schadler, Brown, Fleischauer and Shook:
H. B. 4344 - "A Bill to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as
amended, relating to the criminal offense of cruelty to animals; providing that animals be adequately
sheltered; and prohibiting the tethering or chaining of animals in a cruel manner"; to the Committee
on the Judiciary.
House Calendar
Third Reading
Com. Sub. for H. B. 4092, Changing the requirements for licensure as a forester or forestry
technician and giving the Board of Foresters rule-making authority; on third reading, coming up in
regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 20), and there were--yeas
95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Cowles.
Absent and Not Voting: Eldridge, Mahan, Marshall and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4092) passed.
Delegate DeLong moved that the bill (Com. Sub. for H. B. 4092) take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 21), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Eldridge, Mahan, Marshall and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4092) 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.
H. B. 4141, Providing that written status reports on civil actions brought against state
government agencies are required only as requested by the President of the Senate and Speaker of
the House; 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. 22),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent and Not Voting: Eldridge, Mahan, Marshall and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4141) 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. 4147, Relating to the regulation of parking for state office buildings;
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. 23),
and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Sobonya and Sumner.
Absent and Not Voting: Eldridge, Mahan, Marshall and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4147) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
Com. Sub. for H. B. 4053, Protecting computer owners and users from computer spyware;
on second reading, coming up in regular order, was reported by the Clerk.
[Clerk's Note: This bill was read a second time on January 24, 2008, was recommitted
on Third Reading and subsequently reported back with amendment. Under the Rules, the bill is
concurrently on Second Reading.]
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill as follows:
On page eighteen, section four-d, line ten, by striking out the word "unauthorized".
On page eighteen, section four-d, line eleven, following the words "illegal activities" by
inserting the words "prohibited by this act".
On page eighteen, following line thirteen, by inserting section sixteen, to read as follows:
"§61-3C-16. Civil relief; damages.
(a) Any person whose property or person is injured by reason of a violation of any provision
of this article may sue therefor in circuit court and may be entitled to recover for each violation:
(1) Compensatory damages;
(2) Punitive damages; and
(3) Such other relief, including injunctive relief, as the court may deem appropriate.
Without limiting the generality of the term, 'damages' shall include loss of profits.
(b) The attorney general is authorized to receive and act on complaints, take action designed
to obtain voluntary compliance with this article or commence proceedings against a person who
violates this article to enjoin further violations and to recover damages as provided in subsection (a).
(c) At the request of any party to an action brought pursuant to this section, the court may,
in its discretion, conduct all legal proceedings in such a manner as to protect the secrecy and security
of the computer network, computer data, computer program or computer software involved in order
to prevent any possible recurrence of the same or a similar act by another person or to protect any
trade secret or confidential information of any person. For the purposes of this section 'trade secret' means the whole or any portion or phase of any scientific or technological information, design,
process, procedure or formula or improvement which is secret and of value. A trade secret shall be
presumed to be secret when the owner thereof takes measures to prevent it from becoming available
to persons other than those authorized by the owner to have access thereto for a limited purpose.
(c d) The provisions of this section shall not be construed to limit any person's right to pursue
any additional civil remedy otherwise allowed by law.
(d e) A civil action under this section must be commenced before the earlier of: (1) Five
years after the last act in the course of conduct constituting a violation of this article; or (2) two
years after the plaintiff discovers or reasonably should have discovered the last act in the course of
conduct constituting a violation of this article."
And,
By amending the enacting section to read as follows:
"That §61-3C-3 and §61-3C-16 of the Code of West Virginia, 1931, as amended, be amended
and reenacted; and that said code be amended by adding thereto four new sections, designated §61-
3C-4a, §61-3C-4b, §61-3C-4c and §61-3C-4d, all to read as follows" followed by a colon.
There being no further amendments, the bill was then 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:
H. B. 3122, Relating to the definition of eligible veteran for certain state training and
employment preference benefits,
H. B. 4016, Updating meaning of federal adjusted gross income and certain other terms used
in West Virginia Personal Income Tax Act,
H. B. 4017, Updating meaning of federal taxable income and certain other terms used in
West Virginia Corporation Net Income Tax Act,
Com. Sub. for H. B. 4021, Revising mining safety equipment requirements and enhancing
penalties for crimes against mining property,
Com. Sub. for H. B. 4028, Authorizing counties and municipalities to enter into contracts
for energy-savings,
And,
H. B. 4125, Relating to faculty senate funds for classroom teachers and librarians.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Eldridge, Mahan, Marshall and Walters.
At 12:00 Meridian, the House of Delegates adjourned until 11:00 a.m., Thursday, January
31, 2008.