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Friday, February 22, 2008

FORTY-FIFTH 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 Thursday, February 21, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
Committee Reports

Chairman Doyle, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 21st day of February, 2008, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 257), Repealing outdated penitentiary code provisions,
(S. B. 258), Repealing outdated code provisions relating to Huttonsville Correctional Center,
And,
(S. B. 262), Repealing outdated code provisions relating to Denmar State Hospital.
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. 4079, Relating to Professional Employer Organizations,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4079 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-46A-1, §33-46A-2, §33-46A-3, §33-46A-4, §33-46A-5, §33-46A-6, §33-46A-7, §33-46A-8, §33-46A-9, and §33-46A-10, all relating to Professional Employer Organizations; providing declaration of purpose and intent; providing definitions; clarifying rights, duties and obligations unaffected by the article; requiring license from the Insurance Commissioner to engage in the business of a Professional Employer Organization; setting forth licensure requirements; providing for legislative, emergency and legislative exempt rules; authorizing the Insurance Commissioner to establish licensure and other fees; allowing the Insurance Commissioner to examine business records and documents; providing for confidentiality of certain information; setting forth requirements for Professional Employer Agreements; providing requirements for workers' compensation coverage; providing enforcement measures including penalties; requiring study of health plans, taxation, unemployment and labor laws; and prohibiting self-funded health plans,"
And,
H. B. 4494, Relating to the regulation of the practice of accountancy,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4494 - "A Bill to amend and reenact §30-9-2, §30-9-8, §30-9-13, §30-9-16, §30-9-17, §30-9-19 and §30-9-26 of the Code of West Virginia, 1931, as amended, all relating to the regulation of the practice of accountancy; adding definitions; clarifying references to auditing standards; reducing accountancy firm ownership requirements from sixty percent to a simple majority; modifying education, examination and experience requirements for certificates; eliminating certain notice requirements for substantial equivalency practitioners; revising criteria to determine substantial equivalency practice privileges; providing conditions for substantial equivalency practice privileges; allowing out-of-state firms to practice in this state without permits in certain circumstances; requiring the board to investigate complaints from boards of other states; allowing certain services to be performed by persons or business entities without authorizations in certain circumstances; and clarifying unlawful acts,"
With the recommendation that the committee substitutes each do pass, and with the recommendation that second reference of the bills to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bills (Com. Sub. for H. B. 4079 and Com. Sub. for H. B. 4494) to the Committee on the Judiciary was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4628, Providing a tax credit for new job creation by certain taxpayers,
And reports the same back, with amendment, with the recommendation it do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4041, Relating to the regulation and treatment of the production of natural gas and coalbed methane,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4041 - "A Bill to amend and reenact §11-13A-3d and §11-13A-20a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-13V-4a; and to amend and reenact §31-15A-16 of said code, all relating to equalization of natural gas and coalbed methane taxation; terminating the severance and business privilege tax exemption for production of coalbed methane with certain limited exceptions; specifying that coalbed methane is taxed as natural gas for purposes of the Severance and Business Privilege Tax Act and the Workers' Compensation Debt Reduction Act with limited exceptions; authorizing Tax Commissioner to promulgate rules; requiring portion of tax be used for infrastructure projects; providing that seventy-five percent of dedicated funds be used in counties producing coalbed methane; providing that remaining twenty-five percent of dedicated funds be shared equally by counties not producing coalbed methane; and providing effective dates,"
H. B. 4082, Relating to the Public Employees Retirement System,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4082 - "A Bill to amend and reenact §5-10-14, §5-10-15b and §5-10- 27c of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System; clarifying transfer of retroactive service credit in the Public Employees Retirement System for certain members of the State Police Death, Disability and Retirement Fund; making technical changes by substituting the term 'member' for 'employee'; and permitting direct rollovers in any amount from the Public Employees Retirement System,"
H. B. 4381, Relating to an assigned risk plan and guaranty association account for workers' compensation insurance,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4381 - "A Bill to repeal §23-2C-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2C-2 and §23-2C-10 of said code; and to amend and reenact §33-26-3, §33-26-5, §33-26-6, §33-26-8 and §33-26-12 of said code, all relating to an assigned risk plan and guaranty association account for workers' compensation insurance; defining terms; eliminating certain funds in the treasurer's office and transferring moneys in such funds to the Old Fund; eliminating the requirement that private carriers maintain an office in this state; providing for the establishment and operation of an assigned risk plan; making workers' compensation insurance applicable to the Insurance Guaranty Association Act; establishing a new account to be administered by the West Virginia Insurance Guaranty Association; modifying standards for paying duplicate claims; and providing that limits on benefits payable by the guaranty association are not applicable to obligations arising out of workers' compensation insurance,"
H. B. 4421, Repealing the corporate license tax, and creating corporate license tax replacement fees,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4421 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-12C-13; to amend and reenact §31B-1-108 of said code; to amend and reenact §59-1-2 of said code; and to amend said code by adding thereto a new section, designated §59-1-2a, all relating to the repeal of the corporate license tax; creating an annual report fee; requiring the filing of an annual report with fee payment with the Secretary of State; creating a special revenue account; providing purposes for the expenditure of certain fee collections; legislative rules; and administrative and criminal penalties,"
H. B. 4433, Increasing the maximum amount of a medical student loan that may be cancelled,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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 circumstances,"
And,
H. B. 4607, Relating to special district excise tax authorization,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4607 - "A Bill to amend and reenact §7-22-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-13B-11 of said code; and to amend and reenact §8-38-12 of said code, all relating to special district excise taxes authorized for counties and municipalities; clarifying the rates of the tax; authorizing the Tax Commissioner to require the electronic filing of returns and electronic payment of the tax; and providing for the sharing of tax information and confidentiality of such information,"
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. 4001, Providing certain county commissions with authority to regulate the location of businesses selling sexually-oriented materials,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4001 - "A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as amended, relating to providing certain county commissions with authority to regulate the location of sexually-oriented businesses,"
And,
H. B. 4511, Relating to zoning ordinance adoption by election or otherwise,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4511 - "A Bill to amend and reenact §8A-7-7, §8A-7-8 and §8A-7-13of the Code of West Virginia, 1931, as amended, all relating to zoning ordinance adoption by election or otherwise; reducing the threshold for triggering a zoning ordinance election by petition; setting forth procedures for amending a zoning ordinance; amending notice requirements; setting forth petition requirements; requiring specific notice requirements to affected owners of affected parcels when a proposed zoning ordinance modification would change the zoning classification of a parcel of land; clarifying the relevant notice and adoption procedures as they pertain to adoption or modification of a nontraditional zoning ordinance,"
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. 4474, Relating to registered nurses required in operating rooms,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4474 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-7-19, relating to registered nurses required in operating rooms,"
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. 4204, 4254, 4255, 4256, 4263, 4265, 4266, 4267 and 4268, Authorizing the Department of Commerce to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4255 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Commerce and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; relating to authorizing the Division of Labor to promulgate a legislative rule relating to steam boiler inspection; authorizing the Division of Labor to promulgate a legislative rule relating to verifying the legal employment status of workers; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of plumbing work; authorizing the Office of Miners' Health, Safety and Training to promulgate a legislative rule relating to the criteria and standards for alternative training programs for apprentice coal mine electricians; authorizing the Division of Natural Resources to promulgate a legislative rule relating to commercial whitewater outfitters; authorizing the Division of Natural Resources to promulgate a legislative rule relating to the revocation of hunting and fishing licenses; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating rules; authorizing the Division of Natural Resources to promulgate a legislative rule relating to conditions upon which oil and gas operators may access state forests; and authorizing the Division of Natural Resources to promulgate a legislative rule relating to wildlife scientific collection permits,"
With the recommendation that the committee substitute 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. 4313, Providing for a waiver of reimbursement of tuition and fees for members of the West Virginia State Police attending institutions of higher education,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4313) was 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:
H. B. 2967, Creating the "West Virginia Remembers Program",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2967 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8f, relating to establishing 'West Virginia Remembers Program' program in public schools; requiring State Board rule; and specifying certain parameters,"
And,
H. B. 4472, Requiring a board of education to wait ten days before posting a new job opening following the death of an employee,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4472 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-21, relating to school personnel; and providing that a board of education must wait ten days before posting a new job opening following the death of an employee,"
And,
H. B. 4554, Testing school bus operators every other year,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4554 - "A Bill to amend and reenact §18A-4-8e of the Code of West Virginia, 1931, as amended, relating to competency testing for service personnel; and establishing the testing schedule for school bus operators,"
With the recommendation that the committee substitutes each do pass.
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. 4386, Authorizing municipalities to create a semiannual vacant property registration,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 an annual vacant property registration; limiting the authority to class I and II municipalities; providing for registration fees; providing for appeals; and providing penalties,"
And,
H. B. 3204, Authorizing a county to adopt an ordinance regulating the use of blasting explosives,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3204 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §7-1-3oo, relating to authorizing a county to hire a blasting enforcement officer,"
With the recommendation that the committee substitutes each do pass.
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. 4126, Relating to the Division of Culture and History and requiring the Commissioner to make specific use of the archives library, prohibiting the sale of food and drink in that building, etc.
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4126 - "A Bill to amend and reenact §29-1-2 of the Code of West Virginia, 1931, as amended, prohibiting the Commissioner of Culture and History from merging the archives library and the lending library,"
With the recommendation that the committee substitute do pass.
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. 4445, Relating to definitions under the Medical Professional Liability Act,
And,
H. B. 4623, Relating to establishing minimum deductions,
And reports the same back with the recommendation that they 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. 4476, Public-Private Transportation Facilities Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4476 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6, §17-27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11, §17-27-12, §17-27-13, §17-27-14, §17-27-15, §17-27-16, §17-27-17 and §17-27-18, all relating to establishment of the Public-Private Transportation Facilities Act of two thousand eight; setting forth legislative findings and purposes; defining terms; providing prerequisites for development of a transportation facility; creating public-private transportation oversight within the Division of Highways; creating the powers and duties of the division; providing for the submission of proposals and approval by the division; providing for service contracts; providing for the dedication of public property; setting forth the powers and duties of a developer; requiring a comprehensive agreement; required provisions and limitations of comprehensive agreements; prohibiting the division from entering into comprehensive agreements after the thirtieth day of June, two thousand thirteen; prohibiting the division from entering into comprehensive agreements until approved by a concurrent resolution of the Legislature; providing for federal, state and local assistance; material default and remedies; prohibiting governmental entities from pledging full faith and credit; providing for the exercise of and limitations on the right of eminent domain and condemnation; requirements for utility crossings and relocations; dedication of public assets; qualifying transportation facilities as public improvements; and providing for an exemption of qualifying transportation facilities from taxation,"
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. 2039, Prohibiting mandatory arbitration clauses in consumer loan agreements by regulated consumer lenders in the state,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2039 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated § 55-8-15, relating to defining regulated contracts; the prohibition of mandatory arbitration clauses in regulated contracts; mandatory arbitration clauses in regulatory contracts void; and preemption by federal law,"
H. B. 3065, Relating to making false reports of child abuse, sexual abuse and domestic violence,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3065 - "A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §48-9- 301a; and to amend said code by adding thereto a new section, designated §61-6-25, all relating false allegations of child abuse and/or neglect; impact of allegations on allocation of custodial responsibility under a parenting plan; imposition of reasonable money sanctions and reasonable attorney's fees for false allegations; request for disclosure of source of allegations by Department of Health and Human Resources; investigation of allegations of child sexual abuse by family courts; and new misdemeanor offense for falsely reporting child abuse,"
And,
H. B. 4484, Relating to the criminal offense of stalking,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4484 - "A Bill to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended, all relating to the criminal offense of stalking, including penalties,"
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. 4134, Prohibiting the sale of less than twenty packaged cigarettes,
H. B. 4608, Relating to a study and investigation on issues in connection with creating a pilot program for child day care centers operated by the state,
And,
H. B. 4611, Updating safety rules and regulations pertaining to walkways along railtracks,
And reports the same back with the recommendation that they 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. 4304, Revised Anatomical Gift Act,
And reports back a committee substitute therefor, with the same title as follows:
Com. Sub. for H. B. 4304 - "A Bill to amend and reenact §16-19-1, §16-19-2, §16-19-3, §16-19-4, §16-19-5, §16-19-6, §16-19-7, §16-19-8, §16-19-9, §16-19-10, §16-19-11, §16-19-12, §16-19-13 and §16-19-14 of the Code of West Virginia, 1931, as amended; and to amend said article by adding thereto nine new sections, designated §16-19-15, §16-19-16, §16-19-17, §16-19-18, §16-19-19, §16-19-20, §16-19-21, §16-19-22 and §16-19-23, all establishing the Revised Anatomical Gift Act; providing for a short title; establishing applicability; defining terms; identifying who may make an anatomical gift before the donor's death; establishing the manner of making an anatomical gift before the donor's death; providing for amendment or revocation of an anatomical gift before the donor's death; clarifying donor right to refuse to make an anatomical gift and the effect of such refusal; specifying the preclusive effect of an anatomical gift, amendment or revocation; identifying who may make an anatomical gift of a body or part after death of the donor; establishing the manner of making, amending or revoking an anatomical gift after the decedent's death; identifying persons and institutions to whom anatomical gifts may be made; establishing presumptions for distribution of body and parts if donor does not specify to whom gift passes; requiring first responders, hospital staff and medical examiners to conduct a reasonable search of the body of a decedent for evidence of an anatomical gift or refusal to make a gift; specifying that delivery of document of gift during donor's lifetime not required; identifying who may examine a document of gift; establishing rights and duties of procurement organization in recovering a body or part the subject of an anatomical gift; requiring hospitals to cooperate with procurement organizations for purposes of recovering anatomical gifts; creating the offense of knowingly buying or selling a body part for transplantation or therapy; creating the offense of intentionally falsifying, concealing, defacing or obliterating a document of gift, amendment or revocation; establishing immunity from civil liability for good faith efforts to comply with article; specifying which law governs documents of gift; establishing donor registry through Division of Motor Vehicles and standards of operation; specifying effect of anatomical gift on advance health care directives; requiring cooperation between medical examiner and procurement organization; establishing standards and conditions for medical examiner's release of body or part subject to anatomical gift to procurement organizations; requiring authorization of prosecuting attorney for release of body or recovery of part where death is subject to criminal investigation; and establishing relation to Electronic Signatures in Global and National Commerce Act,"
H. B. 4402, Relating to compulsive gambling,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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,"
And,
H. B. 4570, Authorizing regional jail employees to carry a firearm after receiving appropriate certification,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4570 - "A Bill to amend and reenact §31-20-27a of the Code of West Virginia, 1931, as amended, relating to authorizing regional jail employees to carry a firearm after receiving appropriate certification; and expanding their arrest authority,"
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. 4361, Prohibiting magistrates from imposing multiple court cost fees for the same matter,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4361) was referred to the Committee on Finance.
Messages from the Executive

A communication from the County Commission of Berkeley County was read by the Clerk as follows:
County Commission of Berkeley County

400 West Stephen Street, Suite 201

Martinsburg, West Virginia 25401


February 21, 2008


Mr. Gregory M. Gray
Clerk, House of Delegates
1900 Kanawha Boulevard, Building 1
Charleston, WV 25305
Ref:
Resolution - Berkeley County Form of Government


Dear Clerk Gray:

At the Thursday, February 21, 2008 meeting of the Berkeley County Commission action was taken to approve the Resolution Requesting the West Virginia Legislature to Reform the County's Current Form of Government by the Berkeley County Commission. In addition to the resolution, we are forwarding a copy of the Berkeley County Commission agenda which served as the public notice of the resolution's consideration. Please file the resolution and take whatever action necessary to process it through the legislative system.

Should you require any additional information, do not hesitate to contact the offices of the Berkeley County Commission at (304) 264-1923. Thank you.

Sincerely,

William L. Stubblefield, Commissioner

Attachment: Resolution
February 21st Berkeley County Commission agenda

BEFORE THE COUNTY COMMISSION OF BERKELEY COUNTY, WEST VIRGINIA

IN RE: RESOLUTION REQUESTING THE WEST VIRGINIA LEGISLATURE TO REFORM THE COUNTY'S CURRENT FORM OF GOVERNMENT

Whereas, For some period of years, interested citizens of Berkeley County have expressed an interest in increasing the number of commissioners who serve on the Berkeley County Commission from its current three members to five; and
Whereas, Two of the current commissioners have agreed that this issue should be put before the voters of this County; and
Whereas, On the 24th day of May, 2007, the Commission voted affirmatively upon a motion to submit a resolution of application to the West Virginia Legislature, asking that such reformation be submitted to the voters; and
Whereas, That resolution was revised, clarified and affirmatively adopted, on the 21st day of February, 2008, in session, duly advertised by posted agenda, at the Courthouse and on the Commission web-site; and
Whereas, At that session, the Commission approved a motion directing the submission of the revised resolution to the Senate and House of West Virginia;
Now Therefore, the Berkeley County Commission hereby resolves as follows:
1. That the growth which this County has experienced over the past fifteen years, which growth has caused Berkeley County to become the second largest county in the State of West Virginia and the 56th fastest growing county in the nation, has, likewise, caused the business coming before this Commission to dramatically increase.
2. That, further, the business of managing the resources and meeting the demands of such a growing county has suggested to many of our citizens that consideration of the business before the Commission and its attendant boards, authorities and commissions, should be shared among a greater number of elected officials.
3. That the Commission requests, therefore, that the Legislature adopt legislation which will put before the voters of Berkeley County the question of a tribunal, composed of five members, which tribunal shall be called the Berkeley County Council and shall have all the powers and responsibilities currently enjoyed by the existing Commission, and any other powers and responsibilities granted to or imposed upon such governing bodies by the Legislature in the future.
4. That the Commission requests that the question be put before the voters of Berkeley County at the general election to be held on the 4th day of November, 2008.
5. That the Commission further requests the Legislature to fashion its legislation granting this request by directing that the members of the Council be nominated and elected in the following manner, beginning with nominations at the primary election to be held on the 11th day of May, 2010, or on the date scheduled by the West Virginia Legislature for such election, if such date is changed, and culminating in election of the three new council members at the general election scheduled for the first Tuesday in November, 2010; that two of such members shall be those members of the existing Commission whose terms will have not ended by January 1, 2011; that the other three members shall be elected for staggered terms of two, four and six years, respectively, such terms being decided by designating the six year term to the candidate with the greatest number of votes, the four year term to the candidate certified as a winner having the next greatest number of votes and the two year term to the candidate certified as a winner having the third greatest number of votes. No two members of the Council elected shall be from the same magisterial district and all candidates shall be selected by at-large election.
6. That the new Council shall be effective and the elected members of the same shall take office on January 1, 2011.
7. That the elections herein referenced shall conform in all respects to the election laws and rules administered by the West Virginia Secretary of State.
Done this _____ day of ________, 2008, at Martinsburg, Berkeley County, West Virginia.
Steven C. Teufel, President
ATTEST:
Ronald K. Collins, Commissioner

John W. Small, Jr., ClerkWilliam L. Stubblefield, Commissioner
The Speaker referred the letter, accompanying resolution and agenda of the meeting of the Berkeley County Commission to the Committee on Political Subdivisions then 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. 165 - "A Bill to amend and reenact §18A-4-10f of the Code of West Virginia, 1931, as amended, relating to the return of personal leave days which were donated from one school employee to another"; which was referred to the Committee on Education then Finance.
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. 305 - "A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended, relating to hearings before magistrates involving the seizure of abandoned, neglected or cruelly treated animals"; 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
Com. Sub. for S. B. 590 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to the protection of health care workers and protective services workers; establishing enhanced criminal penalties for crimes of violence against listed persons when they are engaged in official duties; and defining 'health care worker'"; 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. 775 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-1-19; and to amend and reenact §20-1-20 of said code, all relating to the state parks and state forests of West Virginia; designating the state parks and state forests; requiring statutory approval to close, change the name or change the designated use of a state park or state forest; and clarifying limitations on acquiring land or constructing new buildings on a state park or state forest"; which was referred to the Committee on Agriculture and Natural Resources then Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 47 - "Requesting the Division of Natural Resources rename Wallback Lake in Clay County 'Sampson Lake'."
Whereas, Seventy-six year old Fred Sampson worked tirelessly for seven years to see coal mining damage fees were used toward the creation of a recreational lake in Clay County. He worked diligently while local officials told him he was wasting his time and state regulators presented one road block after another; and
Whereas, Fred Sampson remained steadfast in his desire to see something good constructed in his home county of Clay. Without his steadfast dedication and determination, coal mitigation dollars would have gone elsewhere and Clay County would be without a significant recreation and tourist draw; and
Whereas, West Virginia and Clay County depend on hard working individuals who volunteer their time and effort to make changes and improvements so desperately needed in their neighborhoods and Fred Sampson has demonstrated he is one of those persons; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Natural Resources is hereby requested to rename Wallback Lake in Clay County "Sampson Lake"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Director of the Division of Natural Resources and Fred Sampson.
Resolutions Introduced

Delegates Wells, Barker, Eldridge, Ellis, Hrutkay and Rodighiero offered the following resolution, which was read by the Clerk:
H. C. R. 68 - "Requesting the Division of Highways to name the bridge located on Corridor G which crosses the Little Coal River at the Boone County Water Park (Milepost Marker 59.9 ATD 323 (79) Dr. No. 3171 1981) the 'Bill Queen, Jr. (Walhonde Willy) Memorial Bridge'."
Whereas, Bill Queen a resident of St. Albans, West Virginia, died in an automobile accident on May 24, 2007, while on route to a fishing trip. He had fished every mile of the 88 miles of Big, Little and Coal Rivers.
Whereas, Bill was born in St. Albans, West Virginia, on April 11, 1948. He worked his way through the corporate world. Starting as a lineman for AT&T he was recognized by the company as a born salesman and became the senior marketing manager for that firm handling the State of West Virginia's account. He helped create the Call-WV tourism program which now provides thousands of visitors with immediate information about the state. He was an avid outdoorsman and loved being on the water fishing and exploring. Bill had actually floated, paddled and motored via boat from Whitesville, West Virginia, down the river system to Mobile Bay on the Gulf. Then he and his buddies had motored from the Gulf of Mexico around Key West to the eastern seaboard port of Myrtle Beach; and
Whereas, Bill along with his fellow outdoorsman Bill Currey cofounded the Coal River Group, a nonprofit river improvement group and helped grow that group into a major watershed improvement organization. The Coal River Group with Bill's help created what is now called the Walhonde Water Trail. (Walhonde is part of the original Delaware Indians' name for the rivers). The 88 mile long trail is now sanctioned by the West Virginia Division of Natural Resources and serves as Southern West Virginia's only public water trail. The trail has become a popular recreational set for the region and has helped to bring awareness and assistance in cleaning up the Coal River Watershed; and
Whereas, He worked tirelessly to identify every landmark, public access point and fishing hole on the Big, Little and Coal Rivers. Bill spent his last four years of life mapping the Walhonde Water Trial and helping to create the infrastructure to make this water trail a true tourism destination point for all of southern West Virginia; and
Whereas, His untimely death cut short his work to clean up the Coal, but the members of the Coal River Group continue to pursue the dream that Bill had to bring life back to the Coal Rivers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge located on Corridor G in Boone County at the Water Park, the "Bill Queen, Jr. (Walhonde Willy) Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to post signs thereon with the words, printed in bold and prominent fashion, designating the bridge as the "BILL QUEEN JR. (WALHONDE WILLY) MEMORIAL BRIDGE"; and, be it
Further Resolved, That the Clerk of the House of Delegates is requested to prepare a certified copy of this resolution for the Secretary of Transportation, the Commissioner of the Division of Highways and for the family of Bill Queen, Jr.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 68) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Special Calendar

Unfinished Business

H. R. 19, Designating June 19 as "Juneteenth Day of Recognition"; coming up in regular order, as unfinished business, was read by the Clerk and adopted.
The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 55, The "Brian Keith Paul Cable Barriers",
H. C. R. 57, The "Denver Ray Gandee Sr. Memorial Bridge",
And,
H. C. R. 62, The "Lt. Charles O. Hardman and Sgt. Gale Franklin Keen Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

Com. Sub. for H. B. 4018, Renewing the West Virginia Small Business Linked Deposit Program; 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. 92), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Fleischauer, Frederick, Mahan, Shook, Stemple, Tucker and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4018) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 93), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Fleischauer, Frederick, Mahan, Shook, Stemple, Tucker and Varner.
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. 4018) 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. 4080, Relating to funds held for charitable purposes by nonprofit, charitable institutions; 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. 94), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Fleischauer, Frederick, Mahan, Shook, Stemple, Tucker and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4080) 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. 4287, Clarifying that certain funds are authorized investments for funds of political subdivisions; 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. 95), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Fleischauer, Frederick, Mahan, Shook, Stemple, Tucker and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4287) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4490, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state; 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. 96), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Fleischauer, Frederick, Mahan, Shook, Stemple, Tucker and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4490) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 97), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Fleischauer, Frederick, Mahan, Shook, Stemple, Tucker and Varner.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4490) 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.
Second Reading

Com. Sub. for H. B. 2377, Requiring that employers perform criminal history background checks for employees involved in the installation of home security systems; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2739, Providing veterans' death certificates to families and funeral directors at no cost; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2881, Providing that antique motor vehicles may be used for occasional recreational driving; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3188, Creating a means by which effectiveness of economic development incentives can be measured; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4023, Provide for the denial or suspension of a driver's license for any student who withdraws from school or fails to receive passing grades; on second reading, coming up in regular order, was read a second time.
At the request of Delegate DeLong, and by unanimous consent, the bill was advanced to third reading and the rule was suspended to permit the offering and consideration of an amendment by Delegates Webster and M. Poling on third reading.
Com. Sub. for H. B. 4047, Prohibiting the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4074, Creating an Office for Oral Health under the Bureau for Public Health and authorizing a full time director; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4121, Authorizing the participation of local governments in a purchasing card program to be administered by the Auditor; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4156, Permitting a governing body of a municipality to place a lien on property in an amount equal to the demolition and removal of a hazardous structure; on second reading, coming up in regular order, was read a second time.
At the request of Delegate DeLong, and by unanimous consent, the bill was advanced to third reading and the rule was suspended to permit the offering and consideration of an amendment by Delegates Cowles, Canterbury and J. Miller on third reading.
Com. Sub. for H. B. 4244, Authorizing the Department of Transportation to promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4314, Paying for veterans' grave markers where the U. S. government has denied the application of the veteran; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4341, Relating to payment of National Board for Professional Teaching Standards salary bonus; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4355, Allowing Hatfield-McCoy Regional Recreation Authority to retain civil penalties imposed for violation of authority rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4357, Extending the Neighborhood Investment Program Act and eligibility for tax credits under the act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4368, Reducing acts of student violence and disruptive behavior and increasing penalties for chronically disruptive students; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4384, Expanding the number of members of boards of zoning appeal from five to seven; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4420, Imposing corporate net income tax on certain regulated investment companies and real estate investment trusts used as tax sheltering vehicles; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4434, Establishing a higher education energy and water savings revolving loan fund; on second reading, coming up in regular order, was read a second time.
At the request of Delegate DeLong, and by unanimous consent, the bill was advanced to third reading and the rule was suspended to permit the offering and consideration of an amendment by Delegate M. Poling on third reading.
H. B. 4449, Allowing the Higher Education Policy Commission and WV Council for Community and Technical College Education to enter into lease-purchase agreements; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4482, Allowing payments from the Parkways Authority to the Hatfield-McCoy Regional Recreational Authority to continue past the nine-year limitation; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4495, Limiting the use of the titles "registered nurse", "nurse practitioner", and "nurse" to certain qualified individuals; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4557, Relating to continuing education for insurance producers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4613, Increasing protection to beneficiaries of structured settlements as they relate to settlement transfers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4617, Allowing e-notification by using e-certified cards for verification of certified mail acceptance to the court of origin for service of process; 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. 4132, Prohibiting employers from mandated captive meetings with their employees on political or religious matters and providing civil remedy for violations,
Com. Sub. for H. B. 4206, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,
Com. Sub. for H. B. 4209, Authorizing the Department of Administration to promulgate legislative rules,
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,
Com. Sub. for H. B. 4404, Discount Medical Plan Organizations and Discount Prescription Drug Plan Organizations Act.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Fleischauer, Frederick, Mahan, Shook, Stemple, Tucker and Varner.
Remarks by Members

Delegate Border was recognized and addressed the House, and at the conclusion of his remarks, Delegate Armstead asked and obtained unanimous consent that the remarks of Delegate Border be printed in the Journal of today, which were as follows:
Delegate Border. Mr. Speaker, I find myself in a very unusual position today. For those of you who read the Gazette, which I make a habit of not reading, it was pointed out to me that on page two of today's newspaper, I am attributed to making comments in a Committee of which I am not a member. Not only that, the comments attributed to me are the exact opposite of the position that I would take.
I am at a loss as to how to respond to this except to bring it to everyone's attention that they attributed comments to me that were made by the Delegate from the 44th District, not me, and it is not even close to the position that I would take.
I would highly recommend that Mr. Kabler, the reporter for the Gazette, either get a new pair of glasses or maybe I should introduce myself to him.
Miscellaneous Business

Delegate Moore announced that he was absent on February 21, 2008, when the votes were taken on Roll Nos. 81 through 91, and that had he been present, he would have voted "Yea" thereon.
At 1:06 p.m., the House of Delegates adjourned until 6:30 p.m., Sunday, February 24, 2008.