__________*__________


Tuesday, February 5, 2008

TWENTY-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 Monday, February 4, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4366, Modifying administrative and criminal penalties for driving a motor vehicle under the influence of alcohol and/or drugs,
And reports the same back without recommendation as to its passage, but with the recommendation that it be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4366) was referred to the Committee on the Judiciary.
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. 4167, Relating to reports of inspections of primary and secondary schools by local boards of health,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Education.
In accordance with the former direction of the Speaker, the bill (H. B. 4167) was referred to the Committee on Education.
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. 4258, Medical Imaging and Radiation Therapy Technology Board of Examiners, rule of the board,
H. B. 4259, Medical Imaging and Radiation Therapy, continuing education,
And,
H. B. 4260, Medical Imaging and Radiation Therapy, standard of ethics,
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. 4258, H. B. 4259 and H. B. 4260) were each referred to the Committee on the Judiciary.
On motions for leave, bills were introduced (Originating in the Committee on Education and reported with the recommendation that they each do pass, but that they first be referred to the Committee on Finance), which was read by their titles, as follows:
By Delegates M. Poling, Paxton, Crosier, Gall, Pethtel, Shaver, Williams, Wysong, Stephens, Wells and Rowan:

H. B. 4433 - "A Bill to amend and reenact §18C-3-1 of the Code of West Virginia, 1931, as amended, relating to health education student loan fund; and increasing the portion of a medical student loan that may be cancelled under certain circumstance,"
And,
By Delegates M. Poling, Paxton, Frederick, Browning, Wysong, Williams, Ennis, Wells, Stephens, Tansill and Duke:

H. B. 4434 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-5-11, relating to creating the energy and water savings revolving loan fund; requiring rule; establishing fund administration criteria; fund investment and earnings; and authorizing carry forward of funds."
At the respective requests of Delegate DeLong, and by unanimous consent, the bills (H. B. 4433 and H. B. 4434) were each referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 459, Authorizing rules of School Building Authority and Higher Education Policy Commission,
And reports the same back with the recommendation that it do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4062, Relating to certification of professional educators,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4062 - "A Bill to amend and reenact §18A-3-1, §18A-3-1a and §18A-3-3 of the Code of West Virginia, 1931, as amended, all relating to certification of professional educators; authorizing holders of K-6 and K-8 certificates to teach departmentalized courses for which certified; modifying instruction component of alternative preparation programs; authorizing alternative education programs for certified teachers to obtain additional endorsement; providing for state board rule; report on proposed rule to Legislative Oversight Commission on Education Accountability prior to implementation; and authorizing electronic equivalent of official transcript certificate renewal course work,"
And,
H. B. 4059, Relating to medical qualifications for school bus operators,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4059 - "A Bill to amend and reenact §18A-2-4 of the Code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to employment of school bus operators issued passenger endorsement on commercial driver license through intrastate waiver program for diabetes; eligibility for employment; conditions,"
With the recommendation that the committee substitutes 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. 4069, Requiring vision screening for renewal of a driver's license,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
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. 4388, Authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4327, Relating to charitable bingo and updating the maximum wage allowed to reflect changes in state minimum wage,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4327 - "A Bill to amend and reenact §47-20-12a of the Code of West Virginia, 1931, as amended; to amend and reenact §47-21-12 of said code, all relating to charitable bingo and charitable raffles; and amending the range of compensation which may be paid to operators of charitable bingo and charitable raffles; and amending the range of compensation which may be paid to concession workers,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4030, Requiring that workplace fatalities be reported to the Division of Labor,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4120, Prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4120 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-25, relating to prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions,"
With the recommendation that the committee substitute do pass.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4308, Exempting from the nursing licensing provisions the care of the sick when done in connection with the practice of religious tenets of any church or religious organization,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4308) was referred to the Committee on Government Organization.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4239, Health and Human Resources, hospice licensure rule,
And,
H. B. 4237, Health and Human Resources, water well regulations,
And reports the same back with the recommendation that they 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. 4239 and H. B. 4237) were each referred to the Committee on Government Organization.
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. 217 - "A Bill to amend and reenact §17B-3-3a of the Code of West Virginia, 1931, as amended, relating to failure to respond to traffic offenses or the terms and conditions of traffic convictions; and reducing the time period for nonresidents to comply with the terms of the citation before the court sends notice to the Division of Motor Vehicles"; which was referred to the Committee on Roads and Transportation then 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
Com. Sub. for S. B. 292 - "A Bill to amend and reenact §31-17-4 of the Code of West Virginia, 1931, as amended, relating to permitting bond claims by the Commissioner of Banking to collect unpaid civil administrative penalties and unpaid examination invoices while allowing priority for pending consumer claims"; which was referred to the Committee on Banking and Insurance then the Judiciary.
Resolutions Introduced

Delegates Sumner, Moye, Gall, Kessler and Mahan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 30 - "Requesting the Division of Highways name the bridge located at the Green Sulphur Springs Interchange on Interstate 64 in Summers County, West Virginia, near exit 143, specifically bridge number 45-64-143.17(2790), the 'Vaughn Ray York Memorial Bridge'."
Whereas, Vaughn Ray York was an avid photographer using his talents to capture wonderful pictures of the West Virginia wildlife, environment and mountains as well as having those photographs of his home state published in the book Shades of Tomorrow; and
Whereas, An exhibit of Vaughn's photography is scheduled to be displayed at Tamarack this spring; and
Whereas, Vaughn York worked as a heavy equipment operator for Magnum Coal Company; and
Whereas, Vaughn York was an avid outdoors man, enjoying hunting, fishing and photographing game; and
Whereas, Vaughn York was a kind person, selfless in his desire to help those less fortunate than he, often giving most of his own salary to help those who were in need; and
Whereas, On September 23, 2006, after listening to his beloved West Virginia University Mountaineer football team and taking photographs of an intense storm, Vaughn York was returning home when he was tragically killed at the age of thirty-five when his Jeep Renegade hydroplaned; and
Whereas, Vaughn York is dearly missed by his family, friends, and those in the community and the breadth of his graciousness was not discovered until his funeral; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge at the Green Sulphur Springs Interchange on Interstate 64 in Summers County, West Virginia, the Vaughn Ray York Memorial Bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates direct the Commissioner of the Division of Highways to erect a sign on each end of the bridge indicating that the bridge has been so named; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, the family of Vaughn Ray York.
Delegates Eldridge, Ellis, Hrutkay, Rodighiero and Barker offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 31 - "Requesting that bridge number 22-119-7.99(3179) located on Route 119 South immediately after crossing the Lincoln County line, be named the 'Sgt. James Allen May Memorial Bridge'."
Whereas, James Allen May was born and lived in Lincoln County, West Virginia and served admirably in the United States Marine Corps; and
Whereas, While serving in Vietnam, Sgt. May's company came under enemy fire, and he exhibited extreme valor and bravery following the death of the company commander; and
Whereas, Even though gravely wounded, James Allen May acted with selfless bravery for his country; and
Whereas, James Allen May was awarded the Silver Star Medal for gallantry and intrepidity in action for his service in the Vietnam War, as well as the Purple Heart for the serious injuries he sustained; and
Whereas, The State of West Virginia is grateful and proud of the service of Sgt. James Allen May; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 22-119- 7.99(3179) located on Route 119 south just after crossing the Lincoln County Line, the Sgt. James Allen May Memorial Bridge; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and prominent letters proclaiming the bridge to be the Sgt. James Allen May Memorial Bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of the Division of Highways, the United Mine Workers of America, and members of Sgt. James Allen May's family.
Delegates Stephens, Reynolds, Craig, Morgan, C. Miller and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 32 - "Requesting that bridge number 06-23-1.15 (10460) located on Yates Crossing Road, near Ona, Cabell County, West Virginia, be named the 'William Bradley Fulks Memorial Bridge'."
Whereas, Bradley Fulks was born into a military family and gave the highest honor to his father's military career by following in his footsteps and enlisting in the United States Marines; and
Whereas, Bradley attended Ona Elementary, Milton Middle School and graduated, with honors, from Cabell Midland High School; and
Whereas, Bradley Fulks was an outstanding honors graduate of Cabell Midland High School in the year two thousand one where he excelled in many sports including basketball, football, baseball, track, and boxing before attending Marshall University and beginning his service in the United States Marine Corps; and
Whereas, Bradley Fulks competed in the Golden Gloves Boxing Championship earning the State Championship Title for two years; and
Whereas, Bradley Fulks completed all his military training with high competence and served one deployment of seven months in Afghanistan successfully; and
Whereas, Bradley Fulks was subsequently deployed with the second Reconnaissance Battalion to Al Anbar, Iraq, in April 2006; and
Whereas, Bradley Fulks was injured when his Humvee was hit by a roadside bomb on May 1, 2006, causing Bradley to be gravely injured, and despite extensive medical treatment in Germany by physicians of Walter Reed Hospital, Bradley Fulks made the ultimate sacrifice in the service to his country when he succumbed to his injuries at Brooks Medical Center in Texas on May 18, 2006, in the presence of his loving and heartbroken family; and
Whereas, Bradley Fulks served his country faithfully, honorably, and competently receiving the Purple Heart, Combat Action Ribbon, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal and Sea Service Medal; and
Whereas, Bradley Fulks served his country making the highest possible sacrifice with his life, he was awarded the Navy and Marine Corp Achievement Medal posthumously; and
Whereas, There is no greater sacrifice a citizen of this state and country can make than what Bradley Fulks made while serving our state and our country to protect the citizens of West Virginia and the United States from terrorism and attack; and that there are no words or actions that can erase the pain and loss of Bradley Fulks' family, it is fitting and proper that bridge 06-23-1.15 (10460) near the home area of Bradley Fulks and his family be named in his honor as a small token of appreciation and gratitude for the sacrifice Bradley Fulks made; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 06-23-1.15 (10460) located on Yates Crossing near the city of Ona, Cabell County, West Virginia, The William Bradley Fulks Memorial Bridge; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of said bridge, containing bold and prominent letters proclaiming the bridge to The William Bradley Fulks Memorial Bridge; and be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of the Division of Highways and to the Mayor, the City Council of the City of Ona, to William G. Fulks and Kimberly Jean Adams, parents of Bradley Fulks, his siblings, and his aunt, Vickey Chapman.
Delegates Hrutkay, Caputo, Marshall, Burdiss, Hutchins, Kominar, Mahan, Moore, M. Poling, Tucker, Duke, Hamilton and Porter offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 33 - "Requesting that the Joint Committee on Government and Finance authorize the study of an increase in the prevalence of coal workers' pneumoconiosis."
Whereas, Coal workers' pneumoconiosis, also known as black lung, is a chronic lung disease caused by the inhalation of coal mine dust; and
Whereas, National Institute for Occupational Safety and Health (NIOSH) surveys conducted in 2006-07 revealed that eight to ten percent of West Virginia miners have x- ray evidence of black lung; and
Whereas, Twenty-eight of West Virginia's fifty-five counties produce coal; and
Whereas, Nineteen of West Virginia's coal producing counties have cases of rapidly progressive black lung; and
Whereas, Black lung rates in the United States have doubled in the last ten years; and
Whereas, Longer shifts and extended work weeks result in increased exposure to coal dust; and
Whereas, Silicosis, a form of black lung, is a disabling and often fatal lung disease caused by breathing dust containing crystalline silica; and
Whereas, According to the United States Inspector General, MSHA did not perform fifteen percent of its required inspections in underground coal mines in Fiscal Year 2006; and
Whereas, The federal Mine Safety and Health Administration (MSHA) rule significantly lowers respirable dust standards when a mine's atmosphere contains more than five percent silica; and
Whereas, In states or counties where sampling is done yearly by MSHA, samples from continuous miner machine operators and roof bolt operators revealed that twenty percent of the samples exceeded the maximum allowed silica dust concentration; and
Whereas, Dr. Lee Petsonk of the National Institute of Occupational Safety and Health presented the House of Delegate's Mine Safety Committee with NIOSH's recent findings of coal workers' health surveillance program in West Virginia, informing the Committee that miners are contracting the deadly disease at a younger age; and
Whereas, Dr. Petsonk concluded that low coal seams in West Virginia put miners closer to silica, which is more toxic than coal, and suggested setting a standard for silica would help prevent coal workers' pneumoconiosis; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impact of coal workers' pneumoconiosis on West Virginia's miners, including, but not limited to, causes, preventions, treatment and long-term health implications; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Rodighiero, Ellis, Eldridge, Kessler and Reynolds:
H. J. R. 106 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
Delegates Perry and Staggers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 17 - "Expressing support for the students, administration, alumni and staff of West Virginia University Institute of Technology and the institution's revitalization and continued presence in Montgomery, West Virginia."
Whereas, West Virginia Tech has been for over 110 years, and continues to be, a vital force for education and commerce in the town of Montgomery and the Upper Kanawha Valley; and
Whereas, West Virginia Tech has enjoyed recognition as one of the leading baccalaureate engineering programs in the United States and the academic reputation of West Virginia Tech as a whole is dependent upon the renewed status of the engineering program as one of the premier curricula in its field; and
Whereas, It is essential that West Virginia Tech maintain and strengthen all of its baccalaureate programs to ensure its continued presence in Montgomery as an institution of the highest caliber; and
Whereas, All of the above goals will only be realized by the dedication of significant funds for capital improvements and the unwavering dedication of the West Virginia University Board of Governors to West Virginia Tech as a four-year institution located in Montgomery; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby expresses its support for the students, administration, alumni and staff of West Virginia University Institute of Technology and the institution's revitalization and continued presence in Montgomery, West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to West Virginia University Institute of Technology and the West Virginia University Board of Governors.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Rodighiero, Ellis, Kessler and Reynolds:

H. B. 4408 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15-24, relating to banning light plastic bags"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Stephens, Reynolds, Rodighiero, Eldridge, Ellis and Hrutkay:

H. B. 4409 - "A Bill to amend and reenact §21-3-10a of the Code of West Virginia, 1931, as amended, relating to requiring rest periods for employees during each four hours of work"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Swartzmiller, Ennis, Caputo, White, DeLong, Michael, Pethtel and Spencer:

H. B. 4410 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-14D-12a, relating to providing a one-time supplement for certain annuitants and survivor beneficiaries after being retired at least three consecutive years"; to the Committee on Pensions and Retirement then Finance.
By Delegate Stemple:

H. B. 4411 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-29-6; and to amend and reenact §22-15-22 of said code, all relating to the regulation of land-based aquaculture facilities; exempting aquaculture facilities from certain sludge management requirements; and providing the Commissioner of Agriculture rule- making authority to promulgate rules after consultation with the Department of Environmental Protection, concerning the disposal or application of waste produced from an aquaculture facility"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Carmichael:

H. B. 4412 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring medical practitioners who perform abortions to estimate the gestational age of the fetus by using ultrasound analysis and measurement; prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Eldridge, Ellis, Hrutkay, Iaquinta, Argento, Rodighiero, Perdue, Perry, Paxton, Shaver and Staggers:

H. B. 4413 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended, relating to permitting retired state employees to transfer from Medicare to coverage through the West Virginia Public Employees Act"; to the Committee on Pensions and Retirement then Finance.
By Delegates Doyle, Tabb, Wysong, Manchin, Moore, Perdue, White, Paxton, DeLong and Browning:

H. B. 4414 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6, §4-13-7 and §4-13-8, all relating to the West Virginia Sesquicentennial of the American Civil War Commission and Fund; purpose; membership and terms; establishment of an advisory council; establishment of the West Virginia Sesquicentennial of the American Civil War Commission Fund; compensation and expenses; powers and duties of the commission; and continuation of the commission"; to the Committee on Government Organization then Finance.
By Delegate Moore:

H. B. 4415 - "A Bill to amend and reenact §31-17-2 and §31-17-4 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Residential Mortgage Lender, Broker and Servicer Act; making a technical correction of an erroneous reference to a subsection in §31-17- 2 relating to certain exemptions; providing that bonds filed with the commissioner of banking by licensed mortgage lenders and brokers are available to satisfy unpaid civil administrative penalties and unpaid examination invoices owed by the licensee to the commissioner; establishing priority of consumer claims"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates White and Kominar:

H. B. 4416 - "A Bill to amend and reenact §47-20-12a of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-21-12 of said code, all relating to the compensation of charitable bingo and charitable raffle operators and concession workers; and making technical language changes to clarify intent"; to the Committee on the Judiciary.
By Delegates Perdue, Long and Staggers:

H. B. 4417 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5 and §16-9G-6, all relating to requiring smoke-free medical facilities by imposing a smoking ban at medical facilities; setting forth limited exceptions to the ban; imposing posting and enforcement requirements and imposing penalties for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perdue, Hatfield, Long, Boggs, Staggers, Varner and Hamilton:

H. B. 4418 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-17, relating to healthcare-associated infection reporting, establishing an advisory panel, establishing their responsibilities, establishing limitations on use of information, establishing that all hospitals shall report and establishing that the Health Care Authority will make the data available to the public and to Bureau of Public Health and establishing an internal implementation date"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Moye, Mahan, Kessler, Gall, Sumner, Stephens and Rodighiero:

H. B. 4419 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting existing churches from paying tax on propane and other forms of heating oil used for heating their church buildings"; to the Committee on Finance.
By Delegates White, Kominar and Boggs:

H. B. 4420 - "A Bill to amend and reenact §11-24-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-24-4b, all relating to corporate net income tax; terms defined; and taxes levied"; to the Committee on Finance.
By Delegates White and Kominar:

H. B. 4421 - "A Bill to repeal §11-12C-1, §11-12C-2, §11-12C-3, §11-12C-4, §11-12C-5, §11-12C-6, §11-12C-7, §11-12C-8, §11-12C-9, §11-12C-10 and §11-12C-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-12C-11 of said code; and to amend said code by adding thereto a new article, designated §11-12E-1, §11-12E-2, §11-12E-3, §11-12E-4, §11-12E- 5, §11-12E-6, §11-12E-7, §11-12E-8 and §11-12E-9, all relating to the repeal of the corporate license tax; creating an initial registration fee; and permitting the Secretary of State to retain all of the attorney-in-fact fees collected"; to the Committee on Finance.
By Delegates Stephens, Rodighiero, Reynolds, Moye, Eldridge, Miley, Tansill, Rowan and Sumner:

H. B. 4422 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, all relating to authorizing the Division of Motor Vehicles to issue a Choose Life license plate displaying the Choose Life logo"; to the Committee on Roads and Transportation then Finance.
By Delegates DeLong, Fragale, Varner, Yost, Caputo and Webster:

H. B. 4423 - "A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, ensuring that stainless steel kegs are not considered scrap metal unless received directly from a beer manufacturer or an authorized representative"; to the Committee on the Judiciary.
By Delegate Caputo:

H. B. 4424 - "A Bill to amend and reenact §22A-1-9 of the Code of West Virginia, 1931, as amended, relating to the office of Miners' Health Safety and Training; requiring the employment of diesel inspectors"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Evans:

H. B. 4425 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-24a, relating to the permitting of a firework display on public school property provided the State Superintendent of Schools and the State Fire Marshall approve the display"; to the Committee on Education.
By Delegates Rodighiero, Ellis, Hrutkay and Eldridge:

H. B. 4426 - "A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931, as amended, relating to salary increase for regional jail authority employees of five thousand dollars paid over a three-year period"; to the Committee on the Judiciary then Finance.
By Delegates Rodighiero, Eldridge, Ellis and Hrutkay:

H. B. 4427 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16B-6e, relating to qualifying children of state employees or any other person employed in West Virginia, whose annual income is twenty-five thousand dollars a year or less, for the West Virginia Children's Health Insurance Program"; to the Committee on Health and Human Resources then Finance.
By Delegates Porter, Overington, Lane, Azinger, Miller, J., Border, Schadler, Sobonya, C. Miller, Blair and Cowles:

H. B. 4428 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to eliminating the sales tax on food effective the first day of July, two thousand eight"; to the Committee on Finance.
By Delegate Hamilton:

H. B. 4429 - "A Bill to amend and reenact §49-5-10 of the Code of West Virginia, 1931, as amended, relating to adding child abuse and neglect which results in serious bodily injury to the list of crimes for which a juvenile may be charged as an adult"; to the Committee on the Judiciary.
By Delegates Stalnaker, Stephens, Reynolds, Kessler, Rodighiero, Azinger, Moye, Eldridge and J. Miller:

H. B. 4430 - "A Bill to amend and reenact §61-2-14d of the Code of West Virginia, 1931, as amended, relating to providing a misdemeanor penalty if a person fails to make a reasonable good faith attempt to return a minor child in a timely manner at the expiration of a lawful custody or visitation"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

H. B. 4431 - "A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to the compensation of the membership of the West Virginia State Police"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

H. B. 4432 - "A Bill to amend and reenact §18A-4-2 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to increasing annual salaries of public school teachers; increasing annual bonuses for classroom teachers; and increasing annual salaries of school service personnel"; to the Committee on Education then Finance.
House Calendar

Third Reading

Com. Sub. for H. B. 4032, Relating to payment of wages through a direct deposit system; 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. 39), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Azinger, Carmichael, Cowles, Ellem, Marshall and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4032) 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

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third 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 Azinger, Carmichael, Cowles, Ellem, Marshall and Romine.
At 11:50 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 6, 2008.