hdj2007-1-12-03

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Friday, January 12, 2007

Third Day

The House of Delegates met at 11:00 a.m., and was called to order by the 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, January 11, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2051, Including lasers as a method of proving the speed of vehicles,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2051 - "A Bill to amend and reenact §17C-6-7 and §17C-6-7a of the Code of West Virginia, 1931, as amended, relating to including lasers as a method of proving the speed of vehicles,"
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. 2052, Providing that the term "impersonation" of a public official or employee includes the act of operating a motor vehicle which falsely displays an official emblem or other marking,
And reports the same back with the recommendation that it do pass.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Frederick:
H. B. 2057 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as amended, relating to reducing the corporate net income tax rate to eight percent; and, gradually reducing the rate of corporation net income tax to six percent over four years"; to the Committee on Finance.
By Delegate Martin:
H. B. 2058 - "A Bill to amend and reenact §29-22B-1408 of the Code of West Virginia, 1931, as amended, relating to reallocating the proceeds from limited video lottery by increasing the percentages payable to counties, municipalities and retailers"; to the Committee on the Judiciary then Finance.
By Delegate Caputo:
H. B. 2059 - "A Bill to amend and reenact §20-7-1c of the Code of West Virginia, 1931, as amended, relating to providing salary parity for conservation officers relative to members of the West Virginia State Police; to the Committee on Agriculture and Natural Resources then Finance.
By Delegate Stemple:
H. B. 2060 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-15-19, relating to deferral of filing fees and costs incidental to bringing actions in magistrate court for the collection of delinquent ambulance bills by county ambulance authorities and county commissions"; to the Committee on the Judiciary.
By Delegate Frederick:
H. B. 2061 - "A Bill to amend and reenact §22A-1-21 of the Code of West Virginia, 1931, as amended, relating to miners' health, safety and training; penalties; and providing that miners fined under the provisions of article one, are given the option of either paying the assessment within the time prescribed in the order or completing a comprehensive training class dealing specifically with the adverse health and safety consequences resulting from the person's failure or refusal to comply with the cited statute or rule"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Iaquinta:
H. B. 2062 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5S-12, relating to establishing a program for reprogramming cellular telephones and distributing to seniors without a cellular phone for making emergency calls"; to the Committee on Government Organization then Finance.
By Delegate Perry:
H. B. 2063 - "A Bill to amend and reenact §18-5-4 and §18-5-5 of the Code of West Virginia, 1931, as amended, all relating to county boards of education generally; providing for disclosure of personal and pecuniary interests and recusal from voting; prohibiting individual board members from acting on behalf of the board in an individual capacity unless authorized by statute; and penalty for violations"; to the Committee on Education then the Judiciary.
By Delegate Caputo:
H. B. 2064 - "A Bill to amend and reenact §11-21-10 of the Code of West Virginia, 1931, as amended, relating to the earned income exclusion for personal income tax purposes; allowing the deduction to be in the amount of the poverty guidelines updated annually by the United States Department of Health and Human Services; and excluding amounts of unemployment compensation, workers' compensation, social security and similar benefits in determining earned income"; to the Committee on Finance.
By Delegate Caputo:
H. B. 2065 - "A Bill to amend and reenact §9-9-3 of the Code of West Virginia, 1931, as amended, relating to excluding as income, school loans, scholarships and grants, received by a parent of an at-risk family"; to the Committee on Education then Finance.
By Delegates Overington and Sumner:
H. B. 2066 - "A Bill to amend and reenact §3-8-5a of the Code of West Virginia, 1931, as amended, relating to elections generally and lowering the threshold for reporting certain information about individuals, firms, associations or committees contributing to a campaign from two hundred fifty dollars to one hundred dollars"; to the Committee on the Judiciary.
By Delegates Perdue, Mahan and Boggs:
H. B. 2067 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to personal property taxes; and exempting from personal property taxation the equipment, inventory and raw materials of crafts people who have had their work evaluated and accepted or juried and accepted by the West Virginia Arts and Crafts Guild or by a similar organization", to the Committee on Finance.
By Delegate Stemple:
H. B. 2068 - "A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-4C-4 of said code, all relating to transferring the Office of Emergency Medical Services from the Department of Health and Human Resources to the Department of Military Affairs and Public Safety"; to the Committee on Government Organization then Finance.
By Delegate Caputo:
H. B. 2069 - "A Bill to amend and reenact §22A-2-40 of the Code of West Virginia, 1931, as amended, relating to requiring that permanent and temporary battery charging stations in mines be ventilated directly to the return on a separate split of air"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Browning:
H. B. 2070 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16-5 of said code; and to amend and reenact §5-16-25 of said code, all relating to clarifying that county board of education employees who work full time for more than thirty consecutive days qualify for PEIA coverage; eliminating the 80-20 requirements which requires payment of 20 percent of the aggregate premium by active employees; and increasing the amount that PEIA can have in their reserve fund from 15% to 20%"; to the Committee on Education then Finance.
By Delegate Frederick:
H. B. 2071 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §22A-2-57a and §22A-2-57b, all relating to mandatory drug and alcohol testing of miners"; to the Committee on the Judiciary.
By Delegates Hamilton and Romine:
H. B. 2072 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to the Department of Health and Human Resources; requiring the department to enforce specific abortion clinic regulations; and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Perry:
H. B. 2073 - "A Bill to amend and reenact §5-16-15 of the Code of West Virginia, 1931, as amended, relating to making available to retired participants in the public employees insurance system the optional dental, vision, and audiology and hearing-aid services insurance plans that are available to current public employee participants"; to the Committee on Finance.
By Delegates Manchin, Caputo and Longstreth:
H. B. 2074 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to providing for a five percent cap on any increase in one year for periodic valuations and assessments of real and personal property"; to the Committee on the Judiciary then Finance.
By Delegate Hrutkay:
H. B. 2075 - "A Bill to amend and reenact §36-1-3 of the Code of West Virginia, 1931, as amended, relating to real estate transactions generally and requiring a seller or a seller's agent at closing to disclose the names, addresses and telephone numbers of all utilities providing service to the real estate involved in a real estate sales transaction"; to the Committee on the Judiciary.
By Delegate Perry:
H. B. 2076 - "A Bill to amend and reenact §18-9A-4 and §18-9A-5 of the Code of West Virginia, 1931, as amended, all relating to increasing the foundation allowances for professional educators to fifty-five and service personnel to thirty-seven for each one thousand students"; to the Committee on Education the Finance.
By Delegates Iaquinta and Caputo:
H. B. 2077 - "A Bill to amend and reenact §33-30-6 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of mine subsidence insurance reinsured by the board of risk management"; to the Committee on Banking and Insurance then Finance.
By Delegate Talbott (By Request):
H. B. 2078 - "A Bill to amend and reenact §20-2-22 of the Code of West Virginia, 1931, as amended, relating to tagging of certain game; and requiring the tagging of bear and bobcat taken while hunting"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Swartzmiller:
H. B. 2079 - "A Bill to amend and reenact §7-14D-2 of the Code of West Virginia, 1931, as amended, relating to clarifying the definition of final average salary for Deputy Sheriff Retirement System"; to the Committee on Government Organization then Finance.
By Delegate Stemple:
H. B. 2080 - "A Bill to amend and reenact §7-14-8 of the Code of West Virginia, 1931, as amended, relating to providing for lateral transfers for deputy sheriffs"; to the Committee on Pensions and Retirement then the Judiciary.
By Delegate Overington:
H. B. 2081 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required courses of school instruction generally; requiring the accumulation of one and one-half years of instruction in the study of the Declaration of Independence and other founding American historical documents including the Bill of Rights before high school graduation; and requiring study of the historical, political and social environments at the time these documents were generated; prohibiting study of social problems, economics, foreign affairs, the United Nations, world government, socialism or communism until basic courses in American state and local geography and history are completed"; to the Committee on Education then the Judiciary.
By Delegate Carmichael:
H. B. 2082 - "A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating to taxation; increasing the rate of tax on cigarettes from fifty-five cents to one dollar and fifty-five cents; and providing for the dedication of five million dollars of the revenue for the first year to the Department of Agriculture"; to the Committee on Health and Human Resources then Finance.
By Delegate Frederick:
H. B. 2083 - "A Bill to amend and reenact §22-6-1, §22-6-6 and §22-6-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §22C-8-2 and §22C-8-7 of said code; to amend and reenact §24B-1-2 of said code; and to amend said code by adding thereto a new section, designated §24B-3-5, all relating to drilling gas wells near active coal mines; definitions; establishing when a permit for a proposed well near a permitted mine shall be refused; and requiring every pipeline company to file facility maps of its various pipelines"; to the Committee on the Judiciary.
By Delegate Caputo:
H. B. 2084 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-5h, relating to requiring the State Board of Education to promulgate rules implementing a tornado safety awareness plan in public schools"; to the Committee on Education.
By Delegate Tansill:
H. B. 2085 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2K-1, relating to granting authority to the Bureau for Public Health the authority to inspect facilities providing abortions at any time of day or night without a warrant and the authority to make photocopies of all documents and records in the facility; and providing a penalty for noncompliance"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Fragale:
H. B. 2086 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-14, relating to requiring all schools to post and make available to the public the schedules of teachers and staff; and providing a penalty for not having the schedules available by the second week of the school year"; to the Committee on Education then Finance.
By Delegate Fragale:
H. B. 2087 - "A Bill to repeal §18-2B-5 of the Code of West Virginia, 1931, as amended, relating to the vesting of title to vocational education property in the State Board of Education"; to the Committee on the Judiciary.
By Delegate Spencer:
H. B. 2088 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to changing the compulsory school attendance for children in the state from sixteen to eighteen years of age"; to the Committee on Education.
By Delegate Spencer:
H. B. 2089 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-10-16, relating to requiring the State Police to maintain a registry of names of those convicted of crimes related to methamphetamine production or distribution; and, requiring the circuit clerks to provide abstracts of judgment to the State Police that reflect criminal convictions of persons relative to methamphetamine production or distribution"; to the Committee on the Judiciary.
By Delegate Yost:
H. B. 2090 - "A Bill to amend and reenact §50-5-7 of the Code of West Virginia, 1931, as amended, relating to limiting the right to a jury trial in misdemeanor criminal cases in magistrate court when the misdemeanor is also charged with a felony offense; and providing for a preliminary hearing on both the misdemeanor and felony offenses"; to the Committee on the Judiciary.
By Delegate Perry:
H. B. 2091 - "A Bill to amend and reenact §17A-10-8 of the Code of West Virginia, 1931, as amended, relating to exempting nonprofit organizations from paying an annual motor vehicle registration fee"; to the Committee on Finance.
By Delegate Schoen:
H. B. 2092 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-30, relating to allowing pharmacists and other individuals involved in dispensing medicines to refuse to fill prescriptions or dispense any substance that can be used as an abortifacient or that can be used as part of an abortion-related procedure; providing employee protection; and providing criminal penalty"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Schoen:
H. B. 2093 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exempting family court judges from the licensure requirements for carrying concealed deadly weapons"; to the Committee on the Judiciary.
By Delegate Talbott:
H. B. 2094 - "A Bill to amend and reenact §17D-2A-4 of the Code of West Virginia, 1931, as amended, relating to affixing the certificate of insurance to motor vehicle windshields; criminal penalties"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Frederick:
H. B. 2095 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3B-6, relating to trespass; trespass on a track of a railroad; persons authorized to be on a track of a railroad; definitions; and penalties"; to the Committee on the Judiciary.
By Delegate Browning:
H. B. 2096 - "A Bill to amend and reenact §19-20-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-20-8b, all relating to authorizing county commissions to enact ordinances prohibiting cats from running at large and authorizing county dog wardens or others to seize and impound cats under authority of the ordinance; requiring notice to owners of impounded cats; and providing that the owners of cats causing damage while running loose are liable for the damage"; to the Committee on Agriculture and Natural Resources then Judiciary.
By Delegate Browning:
H. B. 2097 - "A Bill to amend and reenact §18-7A-25 of the Code of West Virginia, 1931, as amended, relating to state teachers retirement system; eligibility for retirement allowance by allowing eligibility for retirement, with full pension rights, when a member's age plus years of contributing service equals or exceeds eighty"; to the Committee on Pension and Retirement then Finance.
By Delegate Browning:
H. B. 2098 - "A Bill to amend and reenact §19-16A-4 of the Code of West Virginia, 1931, as amended, relating to pesticides generally; certification of commercial application, public application, registered technician and private applicator of pesticides; and requiring the Commissioner of Agriculture to propose a rule regarding the same"; to the Committee on Government Organization.
By Delegate Hamilton:
H. B. 2099 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to recovery rooms where abortions are performed; setting forth certain ventilation requirements; providing for the closure of facilities which violate the requirements; and prescribing criminal penalties for violations"; to the Committee on Health and Human Resources then Judiciary.
By Delegate Hamilton:
H. B. 2100 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-19-13a, relating to prohibiting charitable organizations from soliciting contributions on public highways; and prescribing criminal penalties for violations"; to the Committee on the Judiciary.
By Delegate Spencer:
H. B. 2101 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the modification of the state personal income tax by allowing for a reduction in the federal adjusted income for motor fuel expenses incurred in commuting to and from one's occupation at the rate provided at the federal income tax level by the federal Internal Revenue Service"; to the Committee on Finance.
By Delegate Tucker:
H. B. 2102 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-23-4a, relating to prohibiting salvage yards from storing any salvage within two hundred yards of a stream"; to the Committee on the Judiciary.
By Delegate Lane:
H. B. 2103 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-2a, relating to directing one half of any budget surplus in a fiscal year equally to every West Virginia family or individual within two hundred percent of the poverty level in the form of a tax rebate to be mailed July 1, 2007; and providing rule-making authority to the Tax Commissioner for implementing this rebate"; to the Committee on Finance.
By Delegate Rowan:
H. B. 2104 - "A Bill to amend and reenact §61-11A-2, §61-11A-3 and §61-11A-6 of the Code of West Virginia, 1931, as amended, all relating to ensuring victims' rights to testify at sentencing in criminal cases"; to the Committee on the Judiciary.
By Delegates M. Poling, Paxton, Perry, Wells, Stephens, Tabb, Wysong, Duke, Fragale and Sumner:

H. B. 2105 - "A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to extending expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits"; to the Committee on Education.
By Delegate Frederick:
H. B. 2106 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-2E-1, §17-2E-2, §17-2E-3, §17-2E-4, §17-2E-5 and §17-2E-6, all relating to creating the West Virginia Transportation Oversight Commission; legislative findings; division of state into five transportation districts; selection of members from each district; compensation and expenses of members; funding for part-time support staff person; powers and duties of commission; meetings of the commission; annual report to Governor and Legislature"; to the Committee On Government Organization then Finance.
By Delegate Caputo:
H. B. 2107 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to allowing a reduction in the adjusted gross income of a taxpayer for contributions to the maintenance and improvement of state, county and municipal parks"; to the Committee on Finance.
By Delegate Caputo:
H. B. 2108 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-15b, relating to armed assault or conspiracy to commit armed assault upon school property, or against school personnel or students while on school property; definitions; penalties"; to the Committee on Education then the Judiciary.
By Delegate Caputo:
H. B. 2109 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating to crediting deceased teachers' surviving spouses with accumulated sick leave for purposes of extending insurance coverage; and, providing that if the spouse or other dependents are not covered by public employees' insurance, the spouse or other dependents receive the monetary value of the accumulated sick leave"; to the Committee on Pensions and Retirement then Finance.
By Delegate Azinger:
H. B. 2110 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to the consumers sales and service tax generally; and exempting sales of medicines by a physician in the treatment of a patient in his or her office, including any sales of medicines that may be ordered in bulk by a physician and dispensed to patients being treated by the physician in his or her office from the consumers sales and service tax"; to the Committee on Finance.
By Delegate Azinger:
H. B. 2111 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to changing compulsory school attendance until age eighteen or until the student graduates"; to the Committee on Education then the Judiciary.
Miscellaneous Business
Delegate Border asked and obtained unanimous consent that the remarks of Delegate Ireland regarding the success of the New Member Orientation Program be printed in the Appendix to the Journal.
At 11:14 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, January 15, 2007.