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Monday, February 4, 2008

TWENTY-SEVENTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 1, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced

Delegates Browning, Beach, Boggs, Brown, Burdiss, Caputo, Craig, DeLong, Doyle, Ellis, Ennis, Fleischauer, Fragale, Gall, Guthrie, Hatfield, Higgins, Hrutkay, Hutchins, Klempa, Michael, Morgan, Palumbo, Pethtel, M. Poling, Rodighiero, Shook, Spencer, Stemple, Stephens, Swartzmiller, Tabb, Tansill, Tucker, Varner, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 28 - "Requesting the Joint Committee on Government and Finance to study the development of clean coal technologies such as coal liquefaction."
Whereas, Coal is an integral component of West Virginia's history, culture and economy; and
Whereas, The West Virginia coal industry directly employees over forty thousand individuals at an average annual wage in excess of fifty-three thousand dollars per year and provides benefits to them and their families; and
Whereas, West Virginia's citizens and those of other states and nations rely daily on West Virginia's coal for energy and metallurgy in their business and private lives; and
Whereas, West Virginia's coal industry underwrites much of the state budget by paying for well over sixty percent of the business taxes paid in our State, paying seventy million dollars in property taxes and adding two hundred fourteen million dollars to the State's economy due to the coal severance tax; and
Whereas, West Virginia's coal industry also underwrites much of the budgets of each of the State's political subdivision with more than eighteen million dollars each year flowing to counties and municipalities; and
Whereas, West Virginia has nearly fifty-three billion tons of recoverable coal reserves, enough for more than three hundred fifty years of production at current production levels; and
Whereas, West Virginia coal and coal miners are the world's most capable and tough miners which gives the State a clear competitive advantage in coal production in the world market place; and
Whereas, Scarcity of petroleum, natural gas and other fossil fuels and energy sources and fine metallurgical coal itself and advances in clean coal technologies bode well for sustaining ore increasing the coal demand and price levels in future years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the development of clean coal technologies such as coal liquefaction; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, two thousand nine, on its findings, conclusions and recommendations together with drafts of a legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Fragale, Cann, Iaquinta and Miley offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 29 - "Designating an adaptation of "West Virginia Shawl" as the Official Tartan of the State of West Virginia."
Whereas, Several states have recognized their Celtic links, by establishing official state tartans; and
Whereas, A majority of West Virginia's early settlers were descendants of Celtic people, who came from their native lands, to find freedom and adventure in the new world; and
Whereas, These settlers were the pioneers who helped carve this nation out of the wilderness; and
Whereas, Dr. Philip D. Smith, who is not only an accomplished author, professor and recognized world authority on Celtic history and tartan discovered an unknown shawl at the Barboursville "Daughters of the American Revolution Museum"; and
Whereas, He named this shawl in his book entitled "Book of Tartans" as the West Virginia Shawl; and
Whereas, The adaptation of the "West Virginia Shawl" includes the colors which most fully represent our states history, culture and beauty; and
Whereas, The Official West Virginia State Tartan shall be a symmetrical design starting at the dark yellow pivot point and containing the thread count as follows: Dark yellow 4, forest green 4, muted blue 8, forest green 4, azure 6, scarlet 24, white 1, black 6, scarlet 24, forest green 8, scarlet 8, muted blue 8, forest green 4, dark yellow 4; and
Whereas, In order to complement our mountain state the color red is to represent the cardinal; yellow for the fall colors; dark blue for the mountain rivers and lakes; black for the black bear, coal and oil; green for the rhododendron and mountain meadows; azure for the sky above; and white to have all the colors of this great nation intertwined with the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the adaptation, as described above, of the "West Virginia Shawl" be designated the Official Tartan of the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Dr. Philip D. Smith, J. Kevin Grant, Ronald E. Grant and John A. Grant III.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Barker, DeLong, Caputo, Webster and Miley:

H. B. 4382 - "A Bill to amend and reenact §5A-8-21 of the Code of West Virginia, 1931, as amended, relating to permitting employee and retiree advocacy organizations to obtain state employees' and retirees' home addresses as an exception to the limitation imposed on the release of personal information concerning state employees"; to the Committee on Government Organization then the Judiciary.
By Delegates Webster, Shaver, Perry, Varner, Stemple and Williams:

H. B. 4383 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-32, relating to awarding service revolver upon retirement to state fire marshal"; to the Committee on Government Organization then the Judiciary.
By Delegate Fleischauer:

H. B. 4384 - "A Bill to amend and reenact §8A-8-3 of the Code of West Virginia, 1931, as amended, relating to allowing the expansion of the number of members of boards of zoning appeal from five to seven;" to the Committee on Political Subdivisions then Government Organization.
By Delegates Morgan, Michael and Perdue:

H. B. 4385 - "A Bill to amend and reenact §4-2-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-1A-1, §30-1A-2, §30-1A-3, §30-1A-4, §30-1A-5 and §30-1A-6 of said code, all relating to the powers and duties of the Legislative Auditor; authorizing audits of state funds, including funds derived from a state controlled function; providing legislative intent as to proposals for regulating professions and occupations; allowing reports to be conducted by the Legislative Auditor by request; providing recommendations the Legislative Auditor may make in reports; and expanding the time period during which legislation may be considered before reapplication for regulation of a profession or occupation"; to the Committee on Government Organization.
By Delegates DeLong and Morgan:

H. B. 4386 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-16a, relating to authorizing municipalities to create a semiannual vacant property registration; providing for registration fees; providing for appeals; and providing penalties"; to the Committee on Government Organization.
By Delegates Swartzmiller, DeLong, Stalnaker, Ennis and M. Poling:

H. B. 4387 - "A Bill to amend and reenact §18-7A-23 of the Code of West Virginia, 1931, as amended, relating to the teachers retirement system generally; and providing that certain beneficiaries receive an annuity when an eligible spouse has not redeemed the accumulated contributions"; to the Committee on Finance.
By Delegates Webster, Mahan, Hrutkay, Guthrie, Fleischauer, Lane, Shook, Burdiss, Azinger, Brown and Ellem:

H. B. 4388 - "A Bill to amend and reenact the code of West Virginia, 1931, as amended, by adding thereto a new section designated §51-1-21, relating to authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database"; to the Committee on the Judiciary.
By Delegates Webster, Stemple, Hrutkay, Fleischauer, Lane, Long, Shook, Longstreth, Miley and Ellem:

H. B. 4389 - "A Bill to amend and reenact § 17C-19-3, of the Code of West Virginia, 1931, as amended, relating to removing requirement that resident violators of traffic laws be required to sign citations"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Webster, Miley, DeLong, Burdiss, Brown, Caputo, Longstreth, Fleischauer, Kessler, Moore and Guthrie:

H. B. 4390 - "A Bill to amend and reenact §23-2C-2 and §23-2C-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-2-10 of said code, all relating to the insurance commissioner's rulemaking authority for workers' compensation; and requiring legislative rules"; to the Committee on the Judiciary.
By Delegates Stemple, Kominar, Argento, Proudfoot, C. Miller, Varner, Browning, Long, Fleischauer, Hrutkay and Webster:

H. B. 4391 - "A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to allowing magistrates and family court judges to carry concealed weapons on premises housing courts of law and in offices of family law master"; to the Committee on the Judiciary.
By Delegate Miley:

H. B. 4392 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to banning abortions in instances when the unborn child is capable of survival if delivered; and providing a criminal penalty for violation"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Stemple, M. Poling, Williams, Shaver, Sumner, Paxton, Browning, Craig and Perry:

H. B. 4393 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-14c, relating to allowing members of the State Teachers Retirement System to repay a maximum of three years worth of contribution back into the system"; to the Committee on Pensions and Retirement then Finance.
By Delegates Tucker, Martin, Perry, Stemple, Perdue, Shook, Hamilton and Sobonya:

H. B. 4394 - "A Bill to amend and reenact §21-9-2 of the Code of West Virginia, 1931, as amended, relating to the restoration of the licensure exemption for certain contractors of manufactured housing installation"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Armstead, Hamilton, Sobonya, Carmichael, Schoen, Ireland, Cowles, Andes, Lane, Sumner and C. Miller:

H. B. 4395 - "A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to abolishing the business and franchise tax"; to the Committee on Finance.
By Delegates Staggers, Campbell, Long, Canterbury, Hatfield, Moye, Fleischauer and Shook:

H. B. 4396 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-29-3, relating to retention and destruction of health care records"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Azinger:

H. B. 4397 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to providing for a three percent cap on any increase in one year for periodic valuations and assessments of real property that is the primary residence of an individual"; to the Committee on the Judiciary then Finance.
By Delegates Reynolds, Eldridge, Craig, Stephens, Sobonya, C. Miller and Morgan:

H. B. 4398 - "A Bill to amend and reenact §61-8D-2 of the Code of West Virginia, 1931, as amended, relating to creating the crime of murder of a child by a parent who exposes his or her child to the manufacturing of a controlled substance"; to the Committee on the Judiciary.
By Delegates Eldridge, Ellis, Hrutkay, Reynolds and Rodighiero:

H. B. 4399 - "A Bill to amend and reenact §62-12-2 of the Code of West Virginia, 1931, as amended, relating to providing that persons convicted of certain drug related crimes must participate in a substance abuse counseling program to be eligible for probation"; to the Committee on the Judiciary.
By Delegates White and Kominar:

H. B. 4400 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §11-10-5z and §11-10-7d; to amend and reenact §11-12-5 of said code; to amend said code by adding thereto a new section, designated §11-15-9j; to amend and reenact §11-15-16 of said code; and to amend and reenact §11-21-74 of said code, all relating to tax administration efficiency and technical advancements; requiring electronic filing of tax returns when the taxpayer meets a certain threshold amount of taxes due; authorizing combined tax assessments; authorizing promulgation of rules to determine the application of partial payments of taxes; authorizing the limitation on assessments to apply separately to each tax in a combined assessment; authorizing the recordation of one lien for all taxes in a combined assessment; allowing assertion of the consumers sales and use tax exemptions authorized under section nine-i, article fifteen, chapter eleven of this code to be asserted by use of a direct pay permit; the incomplete business registration certificate; specifying the time period for which the business registration certificate is granted; specifying authority of the Tax Commissioner to suspend or cancel certificate; eliminating the periodic biennial business registration certificate renewal requirement; specifying a penalty applied upon issuance, renewal or reinstatement of the business registration certificate pursuant to involuntary cancellation, revocation or suspension of the business registration certificate; filing incomplete returns for consumers sales and service tax and use tax, requiring the Tax Commissioner to design a combined reporting form, requiring taxpayers to use the form specified by the Tax Commissioner and authorizing the Tax Commissioner to promulgate necessary rules, and incomplete filing of withholding tax returns"; to the Committee on Finance.
By Delegates Fleischauer, Brown, Miley, Hutchins, Shook, Morgan, M. Poling and Manchin:

H. B. 4401 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-5-9; and to amend said code by adding thereto a new section, designated §18B-1-12, all relating to the protection of the academic speech of professional educators"; to the Committee on Education then the Judiciary.
By Delegates Hutchins, Palumbo and Morgan:

H. B. 4402 - "A Bill to amend and reenact §29-22A-19 of the Code of West Virginia, 1931, as amended, relating to compulsive gambling; authorizing the Department of Health and Human Resources to bid and award contracts for treatment programs; requiring development of procedures; establishing contract requirements; requiring post award conferences; providing for performance monitoring; prohibiting interference with operation of program; prohibiting use of Lottery Commission logo on advertising media; and requiring annual report"; to the Committee on Government Organization then the Judiciary.
By Delegates Stephens, Sobonya, Morgan, C. Miller, Reynolds and Craig:

H. B. 4403 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-11-7; to amend said code by adding thereto a new section, designated §8-21-10a; and to amend said code by adding thereto a new section, designated §20-5-23, all relating to immunity from civil liability for operators of parks and recreation districts"; to the Committee on Government Organization then the Judiciary.
By Delegates Kominar, Webster, Mahan, Klempa, Cann, White, Long, Crosier, Williams and Ashley:

H. B. 4404 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-15E-1, §33-15E-2, §33-15E-3, §33-15E-4, §33-15E-5, §33-15E-6, §33-15E-7, §33-15E-8, §33-15E-9, §33-15E-10, §33-15E-11, §33-15E-12, §33-15E-13, §33-15E-14, §33-15E-15, §33-15E-16 and §33-15E-17, all relating to licensing and regulating discount medical plan organizations and discount prescription drug plan organizations; requiring payment of fees; authorizing proposal of and promulgation of rules, including emergency rules; and providing civil and criminal penalties for violations"; to the Committee on Health and Human Resources then Finance.
By Delegates Fragale, Stalnaker, Miley and Caputo:

H. B. 4405 - "A Bill to amend and reenact §29-22A-3 of the Code of West Virginia, 1931, as amended, relating to definitions applicable to racetrack video lottery; and allowing a horse theme park as a pari-mutuel racing facility in north central West Virginia"; to the Committee on the Judiciary then Finance.
By Delegates DeLong, Shaver, Williams, Rodighiero, Rowan, Eldridge, Sobonya, Sumner, Fragale and C. Miller:

H. B. 4406 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §18-2E-5d; and to amend and reenact §18-9D-2 and §18-9D-16 of said code, all relating to state board standards for the recommended duration of school bus transportation times for students to and from school; limiting county board authority to establish new routes for certain students to certain schools unless certain requirements met; providing for state board to permit new routes in excess of limit up to certain limit; requiring state board to provide certain technical assistance; requiring countywide comprehensive facilities plans required by School Building Authority to address providing facility infrastructure that avoids excessive transportation times; requiring guidelines for update of transportation times in approved facilities plans; prohibiting project approval by authority when transportation route times for certain students exceed limits unless state board permission is granted"; to the Committee on Education then Finance.
By Delegates Ennis, Swartzmiller, Cann, Pethtel, Williams, Stephens, Schadler, Moye, Gall, Stalnaker and Varner:

H. B. 4407 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-51, relating to required equipment for school buses"; to the Committee on Education.
House Calendar

Unfinished Business

H. C. R. 10
, The "Captain Larry F. Lucas Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 14, Requesting that the Joint Committee on Government and Finance authorize a study of the feasibility of requiring legislative rules to be filed electronically; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 27, Designating "Almost Heaven -- West Virginia -- Wild and Wonderful" as the official roadway welcome slogan of the State of West Virginia; coming up in regular order, as unfinished business, was reported by the Clerk.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 35), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Beach and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 27) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. C. R. 34, Amending Joint Rules of Senate and House of Delegates by adding a new rule relating to constitutional petitions and resolutions; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Third Reading

H. B. 2711, Providing that fire officers may use adjacent property to prevent fire from spreading; 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. 36), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Beach and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2711) 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. 4052, Uniform Maternal Screening Act; 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. 37), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Beach and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4052) 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. 4099, Allowing certain vehicles designated by the Secretary of the Department of Military Affairs and Public Safety to use red flashing lights; 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. 38), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Beach and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4099) passed.
On motion of Delegate Webster, the title of the bill was amended to read 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 flashing warning lights."
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. 4032, Relating to payment of wages through a direct deposit system; 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:
H. B. 4075, Providing for a video recording device monitoring system during Amber Alert periods,
Com. Sub. for H. B. 4328, Excluding the service of a poll worker from being considered a prohibited political activity,
And,
Com. Sub. for H. B. 4344, Relating to the criminal offense of cruelty to animals.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Beach and Marshall.
Miscellaneous Business

Delegates D. Poling, Stalnaker and Talbott announced that they were absent on February 1, 2008, when the votes were taken on Roll Nos. 26 through 34, and that had they been present, they would have voted "Yea" thereon.
At 11:40 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 5, 2008.