__________*__________
Tuesday, January 16, 2007
SEVENTH 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 Monday, January 15, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. R. 6, Rescinding House Rule 70a, and abolishing the Consent Calendar,
And,
H. R. 7, Amending House Rule 42, relating to taking of the yeas and nays,
And reports the same back with the recommendation that they each be adopted.
At the request of Delegate DeLong, and by unanimous consent, H. R. 6 was taken up for immediate consideration and adopted.
At the request of Delegate DeLong, and by unanimous consent, H. R. 7 was then taken up
for immediate consideration and adopted.
Delegate Doyle requested that the Clerk record him as having voting "Nay" on the adoption
of H. R. 7.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 2105, Extending the 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,
And reports the same back with the recommendation that it do pass.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented the annual report of the Department of Tax and
Revenue, Classified Assessed Valuations Taxes Levied, for the fiscal year ending June 30, 2007, in
accordance with section five, article one-c, chapter eleven of the code; which was filed in the Clerk's
Office.
Mr. Speaker, Mr. Thompson, presented the annual report of the biennium for the fiscal years
July 1, 2004 through June 30,2006 for the Board of Examiners for Licensed Practical Nurses, in
accordance with section seven, article twenty-four, chapter thirty of the code; which was filed in the
Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the annual report of the Department of Health and Human Resources, Women's Right to Know Act, through the Office of Maternal, Child and Family
Health in accordance with section one, article two-l, chapter sixteen of the code; which was filed in
the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the annual report of the Board of Barbers and
Cosmetologists for the 2005 fiscal year, in accordance with the provisions of the code; which was
filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the annual reports of the Board of Pharmacy for the
calendar years of 2002, 2003 and 2004, in accordance with the provisions of the code; which was
filed in the Clerk's office.
Mr. Speaker, Mr. Thompson, presented the following communication and resolution from
Mr. Wally Thornhill, Chair of the Citizens Legislative Compensation Commission, created by
section thirty-three, article six of the West Virginia Constitution, which was read by the Clerk and
ordered filed in his office:
West Virginia Citizens
Legislative Compensation Commission
January 15, 2007
The Honorable Richard Thompson
Speaker of the House of Delegates
State Capitol Building
1900 Kanawha Boulevard, East
Charleston, West Virginia 25305
Dear Speaker Thompson
I am pleased, on behalf of the Citizens Legislative Compensation Commission, to submit to
you our resolution as adopted on January 9, 2007.
Sincerely,
Wally Thornhill,
Chair,
West Virginia Citizens Legislative
Compensation Commission.
Resolution Submitting Recommendations with Respect
to Compensation and Expense Allowances
Adopted January 9, 2007
Determination of compensation and expense allowances.
Whereas, The Citizens Legislative Compensation Commission met pursuant to the call of
its chairperson in Charleston, West Virginia, on January 9, 2007; and
Whereas, The Citizens Legislative Compensation Commission is charged with the
responsibility of submitting, by resolution to the Legislature, its determination of compensation and
expense allowances for members of the Legislature; now, therefore, be it
Resolved, By the Citizens Legislative Compensation Commission, at least four of the seven
members of the Commission having concurred therein, that the compensation and expenses
allowances of members of the Legislature are hereby determined as follows:
That each member of the Legislature shall receive as compensation for his or her services the
sum of twenty thousand dollars per year, effective with the legislative session beginning in January,
2007, and twenty-five thousand dollars per year, effective with the legislative session beginning in January 2009, plus such additional compensations as expressly provided.
Resolved Further, That in addition to the basic and additional compensation provided, the
Chairperson of the Committees on Finance and Committees on the Judiciary of the respective houses
and up to six additional persons from each house, to be named by the presiding officer, shall each
receive an additional compensation of one hundred fifty dollars per day, up to a maximum of thirty
days, for attending to legislative business when the Legislature is not in regular, extended or
extraordinary session and interim committees are not meeting, along with accompanying per diem
allowances and travel expense reimbursement.
Resolved Further, That in addition to the basic and additional compensation provided, the
President of the Senate and the Speaker of the House of Delegates shall each receive additional
compensation of:
(1) One hundred fifty dollars per day for each day actually served during any regular,
extension of regular or extraordinary session as presiding officer, including Saturdays and Sundays;
and
(2) One hundred fifty dollars per day for attending to legislative business when the
Legislature is not in regular, extension of regular or extraordinary session and interim committees
are not meeting.
Resolved Further, That in addition to the basic and additional compensation provided, the
majority leaders and minority leaders of the Senate and of the House of Delegates shall each receive
additional compensation of fifty dollars per day for each day actually served during any regular,
extension of regular or during extraordinary session, including Saturdays and Sundays, as the
selected legislative leaders of their respective political parties.
Further Resolved, That each member of the Legislature who does not commute daily shall
receive the sum of one hundred thirty-one dollars per day as per diem allowance in connection with
any regular, extended, extraordinary session, interim assignment or for any member authorized by
the presiding officer.
Further Resolved, That each member of the Legislature who does commute daily shall
receive the sum of fifty-five dollars per day as the per diem allowance and mileage as currently
provided, if travel is by private automobile, or for actual transportation costs for direct route travel,
if travel is by public carrier, or for any combination of the means of transportation actually used, plus
the costs of necessary taxi or limousine service, tolls and parking fees in connection with the travel:
Provided, That the total of this per diem allowance plus travel expense for a daily commuting
member may not exceed one hundred thirty-one dollars per day.
Further Resolved, That the compensation and expense allowance of members of the
Legislature not specifically addressed in this resolution shall remain the same.
Witness the following signatures and seals:
Wally Thornhill, Chairman,
Raymond Prozzillo,
Tom George,
Linda Fluharty,
Paul McKown,
Jeff Rokisky.
Resolutions Introduced
On motions for leave, Joint Resolutions were introduced, read by their titles and severally referred as follows:
By Delegates Hrutkay and Perry:
H. J. R. 6 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section three, article IX thereof, relating to allowing citizens to vote upon extending the
terms for the office of sheriff to three consecutive four-year terms and eliminating the provision that
if a sheriff serves any portion of a term, it counts as one of the terms towards the term limit;
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 the
Judiciary.
And,
By Delegates Longstreth and Caputo:
H. J. R. 7 - "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 the Judiciary.
Delegate Perdue, Mr. Speaker, Mr. Thompson, and Delegates Border, Long and Staggers
offered the following resolution, which was read by the Clerk as follows:
H. R. 8 - "Declaring the sixteenth day of January, two thousand seven, as 'Health Decisions
Day'."
Whereas, It is vitally important for an individual to consider health care decisions that may
arise in the future; and
Whereas, Health care planning is a process, rather than a single decision, that helps people consider the kind of care they would want to receive in the event of a serious illness or
incapacitation, encourages them to discuss these issues with their loved ones and physicians, and
assists them in documenting their wishes in writing; and
Whereas, Advance directives give individuals the ability to document their wishes relating
to health care decisions and to delegate a representative to speak for them should they become unable
to speak for themselves; and
Whereas, Introducing these issues in community settings can help people begin
conversations about their health care wishes with a family member, close friend, physician, or faith
leader; and
Whereas, West Virginia has a number of local coalitions and organizations throughout the
state that are working to involve individuals and families in health care planning through educational
forums, discussion groups, speakers' bureaus, and training; and
Whereas, West Virginia's advance care planning program, which has received national
recognition as one of the most comprehensive advanced-care planning programs in the nation, is
being utilized by health care facilities and senior citizen's centers throughout the state to help
residents discuss and plan for their care at the end of life; therefore, be it
Resolved by the House of Delegates:
That the West Virginia House of Delegates hereby declares January 16, 2007 as "Health
Decisions Day;" and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the West Virginia Center for End-of-Life Care.
At the respective requests of Delegate Delong, and by unanimous consent, reference of the resolution (H. R. 8) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question before the House being on the adoption of the resolution, the yeas and nays
were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 2), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Azinger and Ron Thompson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 8) adopted.
Delegates Hrutkay, Stephens, Romine and Schadler offered the following resolution, which
was read by the Clerk as follows:
H. R. 9 - "Designating Tuesday, January 16, 2007, as 'West Virginia Transportation Day'."
Whereas, West Virginia's Transportation System empowers us to live productive lives,
keeps our economy growing and strengthens the security of our State; and
Whereas, Preserving and enhancing our transportation resources makes our infrastructure
safer, promotes growth in business and industry, works to protect our nation, and improves the
quality of life for our citizens; and
Whereas, According to The Status of Women In West Virginia developed by the Institute
for Women's Policy Research, as of two thousand two, a majority, fifty-eight percent of West
Virginia's rural residents live in an area not served by any public transportation, while twenty-three
percent have below average access to transportation services; and
Whereas, On the ninth day of December, two thousand five, the Association of Universities of Disabilities recommended Resolution twenty-two to White House Committee on Aging to
"Ensure that older Americans have transportation options to retain their mobility and independence";
and
Whereas, People with disabilities have the right to equal opportunity to live full productive
lives in the community of their choice and to receive the supports they need to achieve
independence; and
Whereas, It has been determined that the delivery of social services to women including
access to appropriate transportation is necessary to improve the quality of life for women in West
Virginia; and
Whereas, The care of elderly relatives in West Virginia falls almost entirely on women, who
must overcome the lack of transportation to health care facilities, nutrition sites, educational
programs and wellness centered activities in senior centers; and
Whereas, West Virginia is a very rural state with many of its women, elderly, veterans and
persons with disabilities living in areas that are not served by mass transit; and
Whereas, Transportation is an integral part of a person's ability to maintain a healthy
lifestyle; and
Whereas, It is the policy of the State to encourage and promote the development of
resources to ensure the effective care and treatment of persons who are dependent upon the services
of others by reason of age, a physical or mental impairment; and
Whereas, The purpose of Transportation Day is to increase the awareness of legislators,
administrators, policymakers and the public, of the transportation issues that are important to the
elderly, people with disabilities, low-income, as well as the general public; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates, Tuesday, January 16, 2007, as "West Virginia
Transportation Day", and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Governor and the Secretary of Transportation.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R.9) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
Delegates Cann, Stalnaker, Pino, Fragale, Kominar, Ennis, Pethtel, Craig, Perry, Beach
and Iaquinta:
H. B. 2151 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2F-1a; and to amend and reenact §16-2F-2, §16-2F-3,
§16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of said code, all relating to parental
notification requirements for abortions performed on unemancipated minors; providing that the
circuit and family court have concurrent jurisdiction over the provisions of the article; defining
terms; providing for a waiver; requiring notice to minors of a right to petition the court; allowing for
appeal by the unemancipated minor to circuit court if matter is initially heard in family court;
reporting requirements; providing remedies; specifying when notice is not required; providing
penalties; and providing a severability clause"; to the Committee on Health and Human Resources then the Judiciary.
Delegate Lane:
H. B. 2152 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-3-5a, relating to mercury containing vaccines; and providing
for the elimination of mercury in vaccines"; to the Committee on Health and Human Resources then
the Judiciary.
By Delegate Lane:
H. B. 2153 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-3-3a, relating to public school campus police officers;
providing that the superintendent of schools employ one trained public school campus police officer
at each public school campus; setting forth certain qualifications of public school campus police
officers; and limiting the authority of public school campus police officers"; to the Committee on
Education then Finance.
By Delegate Pino:
H. B. 2154 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18-22E-1, §18-22E-2 and §18-22E-3, all relating to creation of the
'Supplement to West Virginia Veterans Education Benefits Program Fund'; providing that resident
veterans receive a certain monthly benefit when attending a public institution of higher education
in this state; providing for the 'Supplement to West Virginia Veterans Higher Education Benefits
Program Commission'; designating members of the commission; authorizing the commission to
enlist aid of clerical help; setting forth eligibility requirements; and providing that the new law does
not create an entitlement to benefits"; to the Committee on Government Organization then Finance.
By Delegate Pino:
H. B. 2155 - "A Bill to amend and reenact §7-1-9 of the Code of West Virginia, 1931, as
amended, relating to authorizing county commissions to create a special fund for the purposes of
posting bond for certain individuals"; to the Committee on Political Subdivisions then Finance.
By Delegate Pino:
H. B. 2156 - "A Bill to amend and reenact §62-3-3 of the Code of West Virginia, 1931, as
amended, relating to changing the number of peremptory juror strikes to which the prosecutor and
the accused are entitled in the trial of a criminal case and changing the order in which the strikes are
made"; to the Committee on the Judiciary.
By Delegate Talbott:
H. B. 2157 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-6-31g, relating to automobile insurance policies; and
prohibiting discrimination in rates on the basis of claims filed in which the insured is determined not
to be at fault"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Pino:
H. B. 2158 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2D-8, relating to providing a base salary and retention salary
increases for Division of Protective Services law-enforcement officers based on years of service. The
provisions of this section excludes the Director and Deputy Director of the Division of Protective
Services"; to the Committee on Finance.
By Delegates Overington, Stemple, Long, Pino and Armstead:
H. B. 2159 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-17, relating to public buildings and encouraging public
officials to prominently display the national motto on all public property, public buildings and all
buildings designed, constructed and maintained with public funds from the state, a county or a
municipality"; to the Committee on the Judiciary.
By Delegates Overington and Sumner:
H. B. 2160 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §60-7-4b; and to amend and reenact §60-7-5, all relating to
requiring a public hearing and county commission approval prior to the issuance of an initial license
for a private club or upon the transfer of a license to a private club at a new location"; to the
Committee on the Judiciary.
By Delegates Azinger and Evans:
H. B. 2161 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-18-1, §11-18-2, §11-18-3, §11-18-3a, §11-18-3b, §11-18-4,
§11-18-5, §11-18-6, §11-18-7 and §11-18-8, all relating to imposing an excise tax on the sale or
rental of obscene materials"; to the Committee on Finance.
By Delegates Marshall and Long:
H. B. 2162 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-16-16a, relating to assigning benefits directly to providers
based on the patient's assignment of benefit form"; to the Committee on Government Organization.
By Delegates Barker and White:
H. B. 2163 - "A Bill to amend and reenact §17D-4-2 of the Code of West Virginia, 1931,
as amended, relating to increasing the required minimum liability insurance required on a motor vehicle"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Argento and Stemple:
H. B. 2164 - "A Bill to amend and reenact §38-12-1 and §38-12-8 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§38-12-14, all relating to requiring lien holders to notify the sheriff's office via written instrument
and to record a release in the county clerk's office within sixty days after the lien has been satisfied;
requiring that the lien be removed from record upon satisfaction; and providing penalties for failure
to notify the sheriff and county clerk of satisfaction"; to the Committee on the Judiciary.
By Delegates Barker and Argento:
H. B. 2165 - "A Bill to amend and reenact §5A-8-21 of the Code of West Virginia, 1931,
as amended, relating to permitting employee organizations to obtain state employees' home
addresses as an exception to the limitation imposed on the release of personal information
concerning state employees"; to the Committee on the Judiciary.
By Delegates Overington, Rowan, Evans and Blair:
H. B. 2166 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-8a, relating to justification to use deadly force by a pregnant
woman when she reasonably believes that her unborn child's life is threatened"; to the Committee
on the Judiciary.
By Delegates Eldridge, Marshall, Miley, Caputo and Perdue:
H. B. 2167 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-11-5b, relating to prohibiting the use of a person's credit
history in insurance transactions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Eldridge, Marshall, Miley and Caputo:
H. B. 2168 - "A Bill to amend and reenact §18B-14-10 of the Code of West Virginia, 1931,
as amended, relating to credit card solicitation on college campuses; and providing a misdemeanor
penalty for violations"; to the Committee on the Judiciary.
By Delegates Morgan and Craig:
H. B. 2169 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9i, relating to creating exemptions from the consumers
sales and services tax for sales of tangible personal property, parts, materials, apparatus and
equipment to be directly incorporated into the initial construction or installation of a qualified
amusement ride that is directly sold or leased to a qualified operator of a qualified amusement park
located in this state; for leases of qualified amusement rides that are directly leased to a qualified
operator of a qualified amusement park located in this state; and for sales of qualified amusement
ride design and engineering services that are directly sold to a qualified operator of a qualified
amusement park located in this state; and providing definitions"; to the Committee on Finance.
By Delegates Longstreth, M. Poling, Caputo and Martin:
H. B. 2170 - "A Bill to amend and reenact §48-27-307 of the Code of West Virginia, 1931,
as amended, relating to domestic violence generally and providing that alleged victims may have a
person of their choice to accompany them when being interviewed by law-enforcement personnel
or the prosecuting attorney"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 2171 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-9d, relating to creating the criminal offense of harassment of a participant of a neighborhood crime watch; defining terms; and providing a criminal penalty";
to the Committee on the Judiciary.
By Delegates Morgan and Caputo:
H. B. 2172 - "A Bill to amend and reenact §3-1-21 of the Code of West Virginia, 1931, as
amended, relating to providing that candidates for statewide political office belonging to the party
with the most registered voters in the state, or in the case of congressional elections, then belonging
to the political party with the most registered voters in the congressional district, be placed in a
preeminent position on the election ballot; charging the Secretary of State with the duty of
determining officially which party has the most registered voters"; to the Committee on the
Judiciary.
By Delegates Eldridge, Barker, Hrutkay and Pino:
H. B. 2173 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3, all relating to establishing a
system whereby pharmacies share information so that they may be alerted when an individual is
attempting to go to multiple pharmacies with prescriptions from multiple doctors to obtain drugs for
resale"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Boggs and Campbell:
H. B. 2174 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §4-6-1, §4-6-2 and §4-6-3, all relating to creating the Joint
Commission on Technology and Advanced Communications; providing for appointment of members
of the Senate and House of Delegates to the commission; providing for the appointment of citizen
members; meetings, periods of function, powers and duties of the commission; and the recommendation of guidelines"; to the Committee on Government Organization then Finance.
By Delegates Marshall, Eldridge, Miley, Caputo and Brown:
H. B. 2175 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §46A-2B-101, §46A-2B-102, §46A-2B-103, §46A-2B-104,
§46A-2B-105 and §46A-2B-106, all relating to the unauthorized acquisition of data that
compromises the security, confidentiality, or integrity of personal information maintained by the data
collector; requiring notification to the consumer of any breach of consumer information security;
requiring certain actions by data collectors with respect to breach of security; prohibiting waiver of
provisions; making violations an unconscionable act; providing civil penalties for violations;
providing other remedies; and providing that the provisions of the article are severable under certain
circumstances"; to the Committee on the Judiciary.
By Delegates Ellem, Hamilton and Proudfoot:
H. B. 2176 - "A Bill to amend and reenact §15-10-4 of the Code of West Virginia, 1931, as
amended, relating to authorizing law-enforcement officials to deputize law-enforcement personnel
employed by out-of-state jurisdictions; and conditions"; to the Committee on the Judiciary.
By Delegates Carmichael, Armstead, Long, Tansill, Walters and Schoen:
H. B. 2177 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-27-38, relating to providing a tax credit to medical providers
in an amount equal to their investment in electronic medical records technology"; to the Committee
on Finance.
By Delegates Brown, Hatfield, Long, M. Poling and Mahan:
H. B. 2178 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to human trafficking and involuntary servitude
and providing criminal penalties for persons convicted of human trafficking and involuntary
servitude offenses"; to the Committee on the Judiciary.
By Delegates Argento, Stemple, Martin, Talbott and Fragale:
H. B. 2179 - "A Bill to amend and reenact §61-3-54 of the Code of West Virginia, 1931, as
amended, relating to including persons who participate in or who contribute to taking a person's
identity with fraudulent intent under the provisions of the criminal offense of taking the identity of
another person"; to the Committee on the Judiciary.
By Delegates Barker and Hrutkay:
H. B. 2180 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as
amended, requiring that of the two judges allotted for the twenty-fifth circuit, one must be a resident
of Boone County and one a resident of Lincoln County"; to the Committee on the Judiciary.
By Delegates Boggs and Hamilton:
H. B. 2181 - "A Bill to amend and reenact §4-1-23 of the Code of West Virginia, 1931, as
amended; to amend and reenact §5-1-20 of said code; and to amend said code by adding thereto a
new section, designated §30-1-17, all relating to permitting that reports may be submitted on an
electronic computer disc or CD-Rom"; to the Committee on Government Organization.
By Delegates Brown, Spencer, Marshall and Longstreth:
H. B. 2182 - "A Bill to amend and reenact §18-10A-2a of the Code of West Virginia, 1931,
as amended, relating to providing that rehabilitation counselors employed by the Division of
Rehabilitation Services shall be paid at an equivalent rate to public school counselors"; to the
Committee on Education then Finance.
By Delegates Wysong, Tabb, Stemple, Hrutkay, Eldridge, Williams, M. Poling, Perry
and Beach:
H. B. 2183 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended, relating to authorizing reciprocity of weapons licensing for nonresidents who have been
issued a weapons permit in another state with substantially similar licensing requirements as West
Virginia; and requiring that upon establishing residency in this state, the person must obtain a West
Virginia license"; to the Committee on the Judiciary.
By Delegates Schoen and Martin:
H. B. 2184 - "A Bill to amend and reenact §22C-4-23 of the Code of West Virginia, 1931,
as amended, relating to prohibiting solid waste authorities from duplicating or competing with
private recycling businesses"; to the Committee on the Judiciary.
By Delegates Iaquinta and Hrutkay:
H. B. 2185 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46A-6G-6, relating to providing a criminal penalty for
transmitting bulk electronic mail messages which are unsolicited"; to the Committee on the
Judiciary.
By Delegates Caputo and Tucker:
H. B. 2186 - "A Bill to amend and reenact §22A-2-37 of the Code of West Virginia, 1931,
as amended, relating to providing that personnel carriers or trip cars used to transport miners to a
working section must be maintained at the working section and must have sufficient capacity to
transport all miners out of the working section in the event of an emergency"; to the Committee on
the Judiciary.
By Delegates Frederick, Stalnaker, Walters and Rowan:
H. B. 2187 - "A Bill to amend and reenact §18C-5-7 of the Code of West Virginia, 1931,
as amended, relating to the higher education adult part-time student grant program"; to the
Committee on Education then Finance.
By Delegates Hamilton, Duke and Sumner:
H. B. 2188 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as
amended, relating to providing for the continuance of medical coverage for the spouse of a deceased
retired employee for any period previously purchased with accumulated leave"; to the Committee
on Pensions and Retirement then Finance.
By Delegates Caputo, Paxton, Perry, Fragale and M. Poling:
H. B. 2189 - "A Bill to amend and reenact §18A-4-8g of the Code of West Virginia, 1931,
as amended, relating to substitute service personnel seniority"; to the Committee on Education then
Finance.
By Delegates Fragale and Martin:
H. B. 2190 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-4-3a, relating to providing that applications for farm use
valuation must be filed with the county assessor between the thirtieth day of June and the first day
of October of each year"; to the Committee on the Judiciary then Finance.
By Delegates Pino and Cann:
H. B. 2191 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18-21-1 and §18-21-2, all relating to exempting start-up businesses
founded by West Virginia college or university graduates from various state, county and municipal taxes for the first three years of operation"; to the Committee on Finance.
By Delegates Swartzmiller, Stemple and Craig:
H. B. 2192 - "A Bill to amend and reenact §7-8-2 of the Code of West Virginia, 1931, as
amended, relating to authorizing county jailors and county correctional officers to carry firearms
while performing their duties"; to the Committee on the Judiciary.
By Delegates Wysong, Tabb, Doyle, Marshall, Moore and Longstreth:
H. B. 2193 - "A Bill to amend and reenact §61-8D-3 of the Code of West Virginia, 1931,
as amended, relating to the offense of child abuse; and increasing the penalties therefor"; to the
Committee on the Judiciary.
By Delegates Yost and Tucker:
H. B. 2194 - "A Bill to amend and reenact §17C-5-4 and §17C-5-7 of the Code of West
Virginia, 1931, as amended, all relating to authorizing issuance of warrants to extract blood analysis
of persons charged with driving under the influence"; to the Committee on the Judiciary.
By Delegates Fragale, Iaquinta, Eldridge, Stalnaker and Miley:
H. B. 2195 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-9a, relating to requiring that the State School Board ensure
that no class size for grades seven through twelve in public schools shall be greater than twenty-five
students to every one teacher"; to the Committee on Education then Finance.
By Delegates Stemple, White, Doyle and Paxton:
H. B. 2196 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-11-3, relating to providing that United States flags fly at half-
mast for three days whenever a state resident soldier is killed by hostile fire or when an in-state law-enforcement officer is killed in the line of duty; and, requiring the Secretary of Military Affairs
and Public Safety to send notice to all appropriate state and local governmental agencies directing
them to fly flags at half-mast, commencing two days before the day of the funeral of the deceased
soldier or law-enforcement officer"; to the Committee on Veterans Affairs and Homeland Security
then the Judiciary.
By Delegates Schoen and Martin:
H. B. 2197 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931,
as amended, relating to assaults on a law-enforcement officer; creating the offenses of malicious
assault, by use of a firearm and unlawful assault, by use of a firearm, on police officers, probation
officers, conservation officers, county correctional and state correctional officers; providing penalties
upon conviction thereof; definitions; and providing for mandatory sentences upon conviction
thereof"; to the Committee on the Judiciary.
By Delegates Perry, Campbell, Argento, Boggs, Williams, Mahan, Sumner and
Browning:
H. B. 2198 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated º17-16A-6a, relating to exempting county school boards of
education school buses from paying tolls for transit over the West Virginia Turnpike or any
parkways authority project"; to the Committee on Finance.
By Delegates Varner, Williams, Mahan, Craig, Boggs, Proudfoot, Perdue and Barker:
H. B. 2199 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended, relating to allowing a nonresident, licensed to carry concealed weapons in another state,
to carry a concealed weapon in this state pursuant to the provisions of their out-of-state license without the necessity of a reciprocal agreement existing between the nonresident's state and this
state"; to the Committee on the Judiciary.
By Delegates Campbell and Canterbury:
H. B. 2200 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931,
as amended, relating to clarifying the penalty provisions regarding battery on a police officer"; to the
Committee on the Judiciary.
By Delegates Perry and Stemple:
H. B. 2201 - "A Bill to amend and reenact §62-1A-6 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §62-1A-10, all
relating to providing a statutory good faith exception for evidence obtained during the execution of
a search warrant, arrest warrant or capias, which is later determined to be invalid"; to the Committee
on the Judiciary.
By Delegates Perry, Wells, Hrutkay and Tabb:
H. B. 2202 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-4-5b, relating to granting campus police officers law-
enforcement powers at private institutions of higher education in this state"; to the Committee on
Education then the Judiciary.
By Delegates Perry and Stemple:
H. B. 2203 - "A Bill to amend and reenact §17B-4-3 of the Code of West Virginia, 1931,
as amended, relating to criminal penalties for driving while license is suspended or revoked"; to the
Committee on the Judiciary.
By Delegates Perry, Stemple and Cann:
H. B. 2204 - "A Bill to amend and reenact §8-14-24 of the Code of West Virginia, 1931, as
amended, relating to providing that a retiring municipal police officer may keep his or her service
revolver at no charge; and providing exceptions"; to the Committee on Political Subdivisions then
the Judiciary.
By Delegates Iaquinta, Miley, White, Campbell and Evans:
H. B. 2205 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-8-1b, relating to the denial of course credits for unexcused
absences in school"; to the Committee on Education
By Delegates Talbott, Stemple, Eldridge, Hamilton, M. Poling and Argento:
H. B. 2206 - "A Bill to amend and reenact §19-20-12 of the Code of West Virginia, 1931,
as amended, relating to protection of registered dogs; prohibiting a person not the owner of a
registered dog from removing tags, collars or apparel from a registered dog, or turning off a radio
transmitting collar without the permission of the owner; providing for limited exceptions thereto;
and establishing related penalties"; to the Committee on Agriculture and Natural Resources then the
Judiciary.
By Delegate Cann:
H. B. 2207 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13H-1 and §11-13H-2, all relating to providing a business and
occupation tax credit to electric power generators for use of coal mined in West Virginia by 'small
mining operations'"; to the Committee on Finance.
By Delegate Frederick:
H. B. 2208 - "A Bill to amend and reenact §22A-1-8, §22A-1-9, §22A-1-11, §22A-1-12 and §22A-1-13 of the Code of West Virginia, 1931, as amended, all relating to mine inspectors generally;
requiring the Director of Miners' Health, Safety and Training to consult with the Mine Inspectors'
Examining Board when establishing the minimum number of inspectors and instructors that are
necessary to conduct inspections; clarifying the meaning of 'practical experience' as it relates to
eligibility requirements for vacant exempt positions; revising work experience requirements for mine
safety instructor applicants; and, revising minimum passing scores for inspector and instructor
examinations"; to the Committee on Industry and Labor, Economic Development and Small
Business then the Judiciary.
By Delegate Stalnaker:
H. B. 2209 - "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 Delegate Porter:
H. B. 2210 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-7-13, relating to prohibiting employees of higher education
from assisting students in securing abortions; and providing criminal penalty for violations"; to the
Committee on the Judiciary.
By Delegate Pino:
H. B. 2211 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-7A-26u, relating to increasing supplemental benefits to certain
teacher retirement annuitants"; to the Committee on Education then Finance.
By Delegates Frederick and Stalnaker:
H. B. 2212 - "A Bill to amend and reenact §22-3-2 and §22-3-4 of the Code of West
Virginia, 1931, as amended, all relating to requiring the Secretary of the Department of
Environmental Protection to adopt the federal regulations governing surface coal mining activities;
and providing that any legislative rules proposed by the West Virginia Department of Environmental
Protection for the purposes of permitting and regulating mining operations may be no more stringent
than the federal regulations promulgated by the office of surface mining reclamation and
enforcement"; to the Committee on the Judiciary.
By Delegate Cann:
H. B. 2213 - "A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as
amended, relating to prohibiting increases in the assessed value of real property located in counties
where a maximum excess levy is in effect, the property has not changed in tax classification and the
increased value is more than two percent over the assessed value of the same property for the
previous year"; to the Committee on the Judiciary then Finance.
By Delegates Caputo and Longstreth:
H. B. 2214 - "A Bill to amend and reenact §16-5E-2 and §16-5E-6 of the Code of West
Virginia, 1931, as amended, all relating to providing that a legally unlicensed personal care home
may house up to four unrelated residents if there is at least one full-time employee working at the
home"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Frederick, Stalnaker, Walters, Rowan and Cann:
H. B. 2215 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13W-1 and §11-13W-2; and to amend said code by adding thereto a new section, designated §18B-10-7c, all relating generally to incentives for the GED"; to
the Committee on Education then Finance.
By Delegates Craig and Morgan:
H. B. 2216 - "A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the
Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia
Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing
the number of members"; to the Committee on Political Subdivisions the Judiciary.
By Delegates Hrutkay and Martin:
H. B. 2217 - "A Bill to amend and reenact §11-8-5 of the Code of West Virginia, 1931, as
amended, relating to classification of real property generally and providing an exception for two
years to allow heirs to sell estate before classifying estate property as Class III or Class IV property";
to the Committee on the Judiciary then Finance.
By Delegates Talbott, Perdue and Perry:
H. B. 2218 - "A Bill to amend and reenact §17C-4-9 of the Code of West Virginia, 1931,
as amended, relating to accident report forms; and providing that a completed accident report form
is conclusive upon the issue as to causation unless a court of competent jurisdiction rules otherwise";
to the Committee on the Judiciary.
By Delegates Blair and Sumner:
H. B. 2219 - "A Bill to amend and reenact §16-2F-3 of the Code of West Virginia, 1931, as
amended, relating to requiring a physician to receive written consent from at least one parent or legal
guardian before an abortion is performed on an unemancipated minor; and providing a criminal
penalty for failure to comply"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates DeLong, Tucker, Hrutkay, Barker, Caputo, Marshall, Fragale, Eldridge,
Miley and Moore:
H. B. 2220 - "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as
amended, relating to raising the 'years of service' supplemental salary increase for public
employees"; to the Committee on Finance.
By Delegate Kominar:
H. B. 2221 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §9-5-20, relating to providing for a pilot project intended to divert
low-income residents from early institutionalization in nursing homes by providing personal home
care in their communities"; to the Committee on Health and Human Resources then Finance.
By Delegates Caputo, Tucker, Mahan, Boggs, Longstreth, Fragale, Barker and
Hrutkay:
H. B. 2222 - "A Bill to amend and reenact §22B-4-1 of the Code of West Virginia, 1931,
as amended, relating to increasing the number of appointments to the Surface Mine Board by one
member; and requiring that the additional member is appointed from a list submitted by the major
union representing coal miners to represent the view point of the working miners"; to the Committee
on Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Hamilton, Hrutkay, Talbott and Romine:
H. B. 2223 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as
amended, relating to concealed weapons generally; restricting public access to concealed weapons
permit records"; to the Committee on the Judiciary.
By Delegates Wysong, Tabb, Williams, Overington, Duke, Doyle, Caputo and Blair:
H. B. 2224 - "A Bill to amend and reenact §15-2-29 and §15-2-33 of the Code of West
Virginia, 1931, as amended, all relating to increasing the minimum annual disability benefits amount
for a State Police officer injured in performance of his or her duties from six thousand dollars to ten
thousand dollars; and increasing the minimum annual death benefits amount for a surviving spouse
of a deceased State Police officer due to the performance of his or her duties from six thousand
dollars to ten thousand dollars"; to the Committee on Pensions and Retirement then Finance.
By Delegate Swartzmiller:
H. B. 2225 - "A Bill to amend and reenact §7-18-2 of the Code of West Virginia, 1931, as
amended, relating to the hotel occupancy tax generally; and allowing counties to increase the rate
of tax imposed to six percent"; to the Committee on Political Subdivisions then Finance.
By Delegates Perry, Campbell, Beach, Duke, Tansill and Williams:
H. B. 2226 - "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as
amended, relating to authorizing county boards of education to lease school buses for transportation
associated with fairs, festivals and other educational and cultural events; requiring that only county
employed bus drivers operate leased buses; and requiring the lessee to pay all costs and expenses
involved in the lease to the county board of education"; to the Committee on Education then Finance.
By Delegates Hrutkay, M. Poling, Eldridge, Proudfoot, Hamilton, Boggs, Browning and
Talbott:
H. B. 2227 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-8-14a, relating to creating a criminal offense for picketing or
disrupting funerals or memorial services"; to the Committee on the Judiciary.
By Delegates Lane, Walters, Armstead, Sumner and Porter:
H. B. 2228 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2K-1, relating to prohibiting subsidies to entities that perform
abortions"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Craig and Morgan:
H. B. 2229 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-7A-26u, relating to providing a cost-of-living provision for
certain persons retired under the Teachers Retirement System"; to the Committee on Pensions and
Retirement then Finance.
By Delegates Caputo, Tucker and Martin:
H. B. 2230 - "A Bill to amend and reenact §21-5C-3 of the Code of West Virginia, 1931,
as amended, relating to maximum hours of work; and providing that an employee has the right to
decline to work more than forty hours in any one workweek"; to the Committee on Industry and
Labor, Economic Development and Small Business then the Judiciary.
By Delegates Caputo and Argento:
H. B. 2231 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-5-19, relating to requiring employers to pay nurses at their
regular rate of pay for all the time they are on-call on the employer's premises"; to the Committee
on Health and Human Resources then Finance.
By Delegates Frederick, Stalnaker, Walters and Rowan:
H. B. 2232 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-7-4, relating to the creation of the West Virginia Literacy
Council"; to the Committee on Government Organization then Finance.
By Delegates Browning and Miley:
H. B. 2233 - "A Bill to amend and reenact §18-9A-8a, §18-9A-10, §18-9A-11 and §18-9A-
13b of the Code of West Virginia, 1931, as amended, all relating to public school support generally;
providing that the foundation allowance for regional education service agencies is established by the
Legislature; providing that the foundation allowance for improving instructional programs shall
include thirty-three million dollars; adding a foundation allowance for capacity building and
providing at least five million dollars; adding a foundation allowance for safe schools and providing
at least eight million dollars; providing that increases in local share be allocated to provide a salary
increment; providing that excess amounts be used for across-the-board salary increases for teachers;
and requiring the establishment of a salary enhancement line item in the Department of Education
for salary increments"; to the Committee on Education then Finance.
By Delegates Hamilton, Hrutkay and Hatfield:
H. B. 2234 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-5V-1, §16-5V-2, §16-5V-3, §16-5V-4, §16-5V-5, §16-5V-6
and §16-5V-7, all relating to establishing the Hospital Infection Disclosure Act requiring hospitals
to disclose hospital-infection rates to the public; and providing sanctions and civil penalties"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Hamilton, M. Poling, Stalnaker and White:
H. B. 2235 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-6-15, relating to prohibiting the willful obstruction or
impediment of a funeral or interment service; prohibiting demonstrations at a funeral or interment
service within one thousand feet of the funeral home, church or cemetery; and providing penalties for violations"; to the Committee on the Judiciary.
By Delegates Craig and Morgan:
H. B. 2236 - "A Bill to establish the western West Virginia Highway Authority to include
representatives from Cabell, Mason, Jackson, Putnam and Wayne counties; appointment of officers;
and powers of authority"; to the Committee on Government Organization then Finance.
By Delegates Hrutkay, Mahan and Ellem:
H. B. 2237 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46-9-410, relating to the use of checks, bank account debit
authorizations or share drafts as security for loans or cash advances made for personal, family or
household purposes"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Hrutkay and Iaquinta:
H. B. 2238 - "A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §29-6-10 of said code, all relating to providing for service
credits, for purposes of public employment retirement, for service in the West Virginia National
Guard and Reserve; and awarding additional testing credit points in civil service examinations for
members of the National Guard and Reserve who are applying for state employment"; to the
Committee on Pensions and Retirement then Finance.
By Delegates Frederick and Carmichael:
H. B. 2239 - "A Bill to amend and reenact §5-3-3, §5-3-4 and §5-3-5 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §5A-3-13 of said code, all relating to
requiring the Attorney General to report to the Governor and the Joint Committee on Government
and Finance relative to contracts entered into for legal services with persons outside the Attorney General's Office; requiring the Attorney General to report to the Governor and Joint Committee on
Government and Finance upon the conclusion of contracted for legal services, including a statement
of fees involved on an hourly basis; prohibiting the payment of fees in excess of $500 per hour;
requiring the Joint Committee on Government and Finance to study the new provisions and to report
recommendations for further changes to the full Legislature before the two thousand eight session;
requiring the Attorney General to submit semiannual reports to the Governor and the Joint
Committee on Government and Finance concerning contracts for outside legal services; requiring
the inclusion of information in the semi-annual reports concerning the nature of these contracts;
requiring all attorneys fees or costs awarded the Attorney General to be deposited into a state fund;
and, requiring that contracts proposed by the Attorney General be approved as to form by the
Secretary of State"; to the Committee on Finance.
By Delegates Frederick and Long:
H. B. 2240 - "A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931,
as amended, relating to providing the reduction in the tax rate provided in this section applies to
mines operating before the effective date of the reduction"; to the Committee on Finance.
By Delegates Perry, Pino and Beach:
H. B. 2241 - "A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as
amended, relating to making 'Good Friday' a legal holiday"; to the Committee on Government
Organization then Finance.
By Delegates Perry, Beach and Pino:
H. B. 2242 - "A Bill to amend and reenact §62-12-10 of the Code of West Virginia, 1931,
as amended, relating to limiting the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration"; to the Committee on the Judiciary.
By Delegates Perry, Williams, Cann and M. Poling:
H. B. 2243 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931,
as amended, relating to allowing comparable credit at trade or vocational schools approved by the
state board to count towards certain service personnel pay rates"; to the Committee on Education
then Finance.
By Delegates Perdue, Brown, Doyle, Palumbo, Ellem, Long, Eldridge and Marshall:
H. B. 2244 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-1-19; and to amend and reenact §52-1-8 of said code, all
relating to public health; promoting and facilitating the breastfeeding of infants; recognizing
employers who are mother/infant friendly; protecting the right; clarifying conduct; requiring rules;
and providing that breastfeeding mothers may be excused from jury duty"; to the Committee on
Health and Human Resources then the Judiciary.
By Delegates Porter, Sumner and Lane:
H. B. 2245 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2K-1, relating to requiring the Department of Health and
Human Resources to maintain information for public dissemination relative to judicial bypasses to
the requirement of parental notification relative to abortions performed on minors"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegate Border:
H. B. 2246 - "A Bill to amend and reenact §15-2-24 of the Code of West Virginia, 1931, as
amended, relating to fees charged by the Criminal Identification Bureau of the West Virginia State Police for providing certain information to volunteer fire departments"; to the Committee on
Finance.
By Delegate Azinger:
H. B. 2247 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-6-14a, relating to the requirements for designated handicapped
accessible rooms in motels and hotels; requiring tubs and showers in every hotel or motel room that
has been designated or held out to be handicapped accessible to include grab bars on all walls of the
tub or shower, consistent with applicable design standards of the Americans with Disabilities Act
of 1990"; to the Committee on the Judiciary.
By Delegates Brown, Long, Palumbo, Ellen and Doyle:
H. B. 2248 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-1-19, relating to a child's right to nurse"; to the Committee
on Health and Human Resources then the Judiciary.
By Delegates Brown and Hatfield:
H. B. 2249 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2I-11, relating to making it a misdemeanor to fail to provide
a woman with information regarding all available reproductive alternatives; and providing criminal
penalties for violations"; to the Committee on the Judiciary.
By Delegates Perry, Proudfoot, Varner, Hrutkay and Longstreth:
H. B. 2250 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-2a, relating to retention salary increases for Division of
Corrections' and Division of Juvenile Services' employees based on years of service"; to the Committee on Finance.
By Delegate Campbell:
H. B. 2251 - "A Bill to amend and reenact §60-1-3 of the Code of West Virginia, 1931, as
amended, relating to establishing certain requirements regarding direct shipment, delivery and receipt
of alcoholic beverages"; to the Committee on the Judiciary.
By Delegates Caputo and Longstreth:
H. B. 2252 - "A Bill to amend and reenact §17C-6-3 of the Code of West Virginia, 1931,
as amended, relating to allowing local authorities the authority to lower the speed limit on streets and
highways where school buses travel"; to the Committee on Roads and Transportation then
Education.
By Delegates Caputo, Perdue, Tucker and Stalnaker:
H. B. 2253 - "A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931,
as amended, relating to Regional Jail and Correctional Facility Authority employees; and requiring
classified service designation for certain employees of the regional jails and the Northern Regional
Jail and Correctional Facility"; to the Committee on the Judiciary then Finance.
By Delegates Lane, Overington, Walters, Blair, Sumner, Armstead and Carmichael:
H. B. 2254 - "A Bill to amend and reenact §5-3-2 of the Code of West Virginia, 1931, as
amended, relating to requiring that the Joint Committee on Government and Finance approve any
proposed settlement involving the Office of the Attorney General; and, providing that any proceeds
received in any civil action involving the Office of the Attorney General be deposited in the General
Revenue Fund to be appropriated by the Legislature"; to the Committee on the Judiciary then
Finance.
By Delegates Martin, Argento, Tucker, Blair and Rowan:
H. B. 2255 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-3-10d, relating to requiring bids under state contracts to
specify the location of the work to be performed; and authorization to terminate contract"; to the
Committee on Government Organization.
By Delegates Perry, Argento, Long and Canterbury:
H. B. 2256 - "A Bill to amend and reenact §6-3-1a of the Code of West Virginia, 1931, as
amended, relating to giving reserve deputy sheriffs the authority to carry firearms and to arrest, if
properly certified"; to the Committee on the Judiciary.
By Delegates Schoen and Martin:
H. B. 2257 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as
amended, relating to adding a magistrate to those serving Putnam County"; to the Committee on the
Judiciary then Finance.
By Delegates Frederick, Porter and Long:
H. B. 2258 - "A Bill to amend and reenact §22-1-6 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §22-11-7a of said code, all relating to prohibiting the Division
of Natural Resources from approving or rejecting any certification issued under the provisions of 33
U.S.C. §1344; and providing no additional mitigation may be required as a condition of certification
by the state when mitigation is a required component of the permit issuable by the United States
Army Corps of Engineers under the provisions of 33 U.S.C. §1344"; to the Committee on the
Judiciary.
By Delegates Frederick, Stalnaker, Walters, Rowan and Cann:
H. B. 2259 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5B-2B-10, relating to the creation of the Self-Employment
Assistance Act which provides assistance to eligible participants engaged full-time in starting a
business and becoming self-employed; granting rule-making authority and creating reporting
requirements"; to the Committee on Industry and Labor, Economic Development and Small Business
then Finance.
By Delegates Frederick and Long:
H. B. 2260 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §55-12B-1, §55-12B-2, §55-12B-3, §55-12B-4, §55-12B-5, §55-
12B-6, §55-12B-7 and §55-12B-8, all relating to creating the 'West Virginia Joint Coal Owners
Trust and Conservation Act'; and to provide a more expedient method of securing coal leases when
multiple owners have an interest"; to the Committee on the Judiciary.
By Delegate DeLong:
H. B. 2261 - "A Bill to amend and reenact §30-10-6 of the Code of West Virginia, 1931, as
amended, relating to the licensing of veterinarians; the qualification of applicants for license;
requirements and certifications to be held by graduates of foreign veterinary colleges as a condition
of application"; to the Committee on Government Organization.
By Delegate DeLong:
H. B. 2262 - "A Bill to amend and reenact §19-1-2 of the Code of West Virginia, 1931, as
amended, relating to qualifications of the Commissioner of Agriculture"; to the Committee on
Government Organization.
By Delegates Brown, Caputo, Marshall, Rowan and Mahan:
H. B. 2263 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §46A-2A-101, §46A-2A-102, §46A-2A-103, §46A-2A-104,
§46A-2A-105, §46A-2A-106, §46A-2A-107, §46A-2A-108, §46A-2A-109 and §46A-2A-110, all
relating to consumer protection generally; ensuring clean credit information and identity theft
protection; defining certain terms; providing a security freeze procedure; providing protection for
credit header information; establishing a right to file a police report on identity theft; declaration of
innocence for crimes committed by identity thieves; consumer credit monitoring; security breaches;
protection of social security numbers; prohibiting credit scoring and insurance scoring for use in
insurance decisions; requiring adequate destruction of certain personal records; and providing for
fines, criminal penalties and civil actions for violations"; to the Committee on the Judiciary.
By Delegates Stemple, Stalnaker, Mahan, Varner, Hrutkay, Cann, Williams, Perry and
Browning:
H. B. 2264 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §61-2A-1, §61-2A-2, §61-2A-3 and §61-2A-4, all relating to the
justifiable use of force, including deadly force, in the protection of persons and property"; to the
Committee on the Judiciary.
By Delegates Perry, Beach, Long, Williams, Sumner, Paxton, Campbell and Duke:
H. B. 2265 - "A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931,
as amended, relating to reinstating and 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 then Finance.
House Calendar
Second Reading
Com. Sub. for H. B. 2051, Including lasers as a method of proving the speed of vehicles;
on second reading, coming up in regular order, was read a second time and ordered to engrossment
and third reading.
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; on
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
At 11:40 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 17,
2007.