________*__________
Monday, January 22, 2007
THIRTEEN 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 Friday, January 19, 2007, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented the annual report of the Joint Committee on
Government Operations, in accordance with section twelve, article ten, chapter four of the code;
which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the annual report for the 2005-2006 fiscal year of the
Board of Occupational Therapy in accordance with section six, article twenty-eight, chapter thirty
of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Board of Accountancy, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Board of Examiners
for Speech-Language Pathology and Audiology, in accordance with article thirty-two, chapter thirty
of the code; which is filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Water Development
Authority, in accordance with section thirteen, article one-b, chapter nineteen, of the code; which
was filed in the Clerk's Office.
Resolutions Introduced
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Overington, Armstead, Rowan, Duke, Blair, Sumner, Walters, Andes, J.
Miller and Schadler:
H. J. R. 10 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one, article VI thereof; amending section two, article XIV thereof; and further
amending said Constitution by adding a new article, designated article XV, all relating to the
legislative powers held by the people of the State and the Legislature; the power of the registered
voters and the power of the Legislature to propose amendments to this Constitution; and the
reservation by and to the people and registered voters of this State the powers of initiative,
referendum, and recall at all levels of government in this State; 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Overington, Lane, Sumner, Blair, Armstead, Schoen, Sobonya, J. Miller,
Cowles and Rowan:
H. J. R. 11 - Proposing an amendment to the Constitution of the State of West Virginia,
repealing sections 4, 5, 6, 7, 8 and 9, article VI thereof, and amending section 2 of said article, all
relating to creating one hundred single delegate districts, each comprised of one delegate, and thirty-
four senatorial districts, each comprised of one senator; 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.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Overington, Lane, Armstead, Blair, Border, Duke, Porter, Schoen,
Sumner, Rowan and J. Miller:
H. J. R. 12 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article X thereof, relating to changing the basis for determining the
homestead exemption; numbering and designating the proposed amendment; and providing a
summarized statement of the purpose of the proposed amendment"; to the Committee on
Constitutional Revision then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Hrutkay, Hamilton, M. Poling, Eldridge, Ellis, Rodighiero, Tucker, Moore and Barker:
H. B. 2372 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto two new sections, designated §22A-2-4a and §22A-2-71b; and to amend and reenact
§22A-2-60 of said code, all relating to providing safety in coal mines; restricting the use of belt
haulage entries as intake and return air courses in mines; modifying requirements for lifeline cords
in escapeways; and providing whistle-blower protection for complainants in mines"; to the
Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Stalnaker:
H. B. 2373 - "A Bill to amend and reenact §18A-2-2 of the Code of West Virginia, 1931,
as amended, relating to the Teachers Retirement System; including service personnel eligibility for
five hundred dollar early retirement notification bonus"; to the Committee on Pensions and
Retirement then the Judiciary.
By Delegate Doyle:
H. B. 2374 - "A Bill to amend and reenact §8-13C-4 of the Code of West Virginia, 1931,
as amended, relating to excluding certain taxes imposed on certain utilities and extractive activities
from those that a municipality must cease to impose before being authorized to impose a municipal
sales and service tax and a municipal use tax"; to the Committee on Political Subdivisions then
Finance.
By Delegate Doyle:
H. B. 2375 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-7-16, relating to limiting the purchase of handguns to one gun
per month; exempting law enforcement, correctional facilities and private security companies from the limitation; providing criminal penalties; and exempting antique firearms from the limitation";
to the Committee on the Judiciary.
By Delegate Schoen:
H. B. 2376 - "A Bill to amend and reenact §48-1-228 of the Code of West Virginia, 1931,
as amended, relating to the definition of gross income for purposes of determining child support;
providing that certain employment-related expenses are excluded from gross income"; to the
Committee on the Judiciary.
By Delegate Talbott:
H. B. 2377 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46A-6-111, relating to requiring that employers perform criminal
history background checks of employees involved in the installation of home security systems; "; to
the Committee on the Judiciary.
By Delegate Doyle:
H. B. 2378 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46A-6-111, relating to general consumer protection; and
electronic scanners and shelf prices"; to the Committee on the Judiciary.
By Delegate Stemple:
H. B. 2379 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5,
§17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9 and §17C-5C-10; and to amend and reenact
§60-6-9 of said code, all relating to conforming the motor vehicle law of this state to the
requirements of section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century (23 U.S.C. §154), as amended, which requires states to enact and enforce a law that prohibits the
consumption of an alcoholic beverage or the possession of an open alcoholic beverage container in
the passenger area of a motor vehicle that is located on a public highway or the right-of-way adjacent
to a public highway"; to the Committee on Roads and Transportation then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2380 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9i, relating to exempting the purchase of certain drugs,
durable medical goods, mobility enhancing equipment and prosthetic devices from the consumers
sales and service tax"; to the Committee on Health and Human Resources then Finance.
By Delegates Caputo, Martin, Perry, Paxton and Sumner:
H. B. 2381 - "A Bill to amend and reenact §18A-2-5 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §18A-4-8 and §18A-4-8a of said code, all relating to
establishing the school service personnel class title and pay grade for the positions of 'Administrative
Assistant' and 'Legal Secretary'"; to the Committee on Education then Finance.
By Delegates Stemple and Varner:
H. B. 2382 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as
amended, relating to exempting funeral-related retail sales from the consumers sales tax"; to the
Committee on Finance.
By Delegates Kominar and Williams:
H. B. 2383 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-4-8j, relating to allowing a school service mechanic to have experience, training and certifications considered towards his or her pay rate"; to the Committee on
Education then Finance.
Delegates Kominar, Browning and Mahan:
H. B. 2384 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-2-1a, relating to providing that members and staff of the
Legislature shall receive one quarter of required continuing education for each regular session
worked or served; clarifying that certain attorneys are exempt from mandatory continuing education;
and specifying crime and criminal penalties"; to the Committee on the Judiciary.
By Delegates Beach, Proudfoot and Canterbury:
H. B. 2385 - "A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as
amended, relating to the environmental protection advisory council generally; increasing the
membership of the council to nine members, specifying represented organizations and entities; and
making certain procedural changes in board activities"; to the Committee on Government
Organization.
By Delegates Hatfield, Perdue and Brown:
H. B. 2386 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto seven new sections, designated §16-5C-20, §16-5C-21, §16-5C-22, §16-5C-23, §16-5C-24,
§16-5C-25 and §16-5C-26, all relating to nursing homes; requiring adequate staffing, specifying
certain staff to resident ratios; providing enforcement provisions; including civil penalties; requiring
a study committee; providing enhanced training requirements for nurse aides; and providing a grant
program for projects aimed at reducing employee turnover in nursing homes"; to the Committee on
Health and Human Resources then Finance.
By Delegates Stalnaker, Browning, Williams and Duke:
H. B. 2387 - "A Bill to amend and reenact §5-10-27 of the Code of West Virginia, 1931, as
amended, relating to removing the ability of a member to choose a beneficiary who has an insurable
interest to receive an annuity and allowing a member or former member to choose to have the
preretirement death benefit paid in a lump sum amount to any beneficiary or beneficiaries he or she
chooses"; to the Committee on Pensions and Retirement then Finance.
By Delegates Kominar, Michael, Browning, White and Stalnaker:
H. B. 2388 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-4c; and to amend and reenact §11-22-2 of said code, all
relating to the West Virginia Affordable Housing Trust Fund generally; imposing a fee of twenty
dollars on the transfer of real property in addition to the excise tax imposed on property transfers;
imposing a fee of twenty dollars in addition to the consumers sales tax on the sale of factory-built
homes; dedicating the revenue from the additional fees to the West Virginia Affordable Housing
Trust Fund; and authorizing expenditures for administrative and operating expenses"; to the
Committee on the Judiciary then Finance.
By Delegates Manchin, Caputo and Longstreth:
H. B. 2389 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §21-1D-1, §21-1D-2, §21-1D-3 and §21-1D-4, all relating to the
'Keep Jobs in West Virginia Act'"; to the Committee on the Industry and Labor, Economic
Development and Small Business then the Judiciary.
By Delegates Williams and Tabb:
H. B. 2390 - "A Bill to amend and reenact §19-2E-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-9-1 of said code; and to amend and reenact §19-20-14 of said
code, all relating to the definition of domestic animals and livestock"; to the Committee on
Agriculture and Natural Resources then Finance.
By Delegate Michael:
H. B. 2391 - "A Bill to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as
amended, relating to providing criminal penalties for shooting and wounding or killing a human
being by a person hunting, pursuing, taking or killing wild animals or wild birds while under the
influence of alcohol, controlled substances or drugs; and permitting court-ordered restitution"; to the
Committee on the Judiciary.
By Delegate Blair:
H. B. 2392 - "A Bill to amend and reenact §17C-4-7 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §17D-2A-6 of said code, all relating to providing for
reexamination of drivers holding valid drivers licenses who are observed by police officers violating
traffic laws, or who appear to have caused motor vehicle accidents as the result of negligence or
inadequate driving skill; requiring accident reports to include a check-off square indicating the need
for reexamination; providing a procedure for notifying the Division of Motor Vehicles of a police
officer's opinion that a motorist should be reexamined; and, providing due process protections for
motorists identified by police officers as needing reexamination"; to the Committee on Road and
Transportation then the Judiciary.
By Delegate Michael:
H. B. 2393 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §55-7-19a, relating to providing limited immunity from civil damages for persons who volunteer their services to public health departments; and providing that
the limitation of liability does not apply to intentional tortious conduct or acts or omissions
constituting gross negligence"; to the Committee on the Judiciary.
By Delegate Hatfield:
H. B. 2394 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §59-3-6a, relating to newspapers; and requiring affidavit for
publication of death notice or obituary"; to the Committee on the Judiciary.
By Delegate Romine:
H. B. 2395 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto two new sections, designated §33-42-9 and §33-42-10, all relating to the care of aborted
fetuses; requiring medical facilities that provide abortions to administer anesthesia to an unborn fetus
when aborted, if it is older than seven weeks; requiring all available medical means to be used to
preserve the life of a fetus if it is alive when aborted; and providing criminal penalties for
violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Kominar and Stemple:
H. B. 2396 - "A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as
amended, relating to judges and justices generally; providing that a judge becoming eligible for
retirement is not required to contribute to the retirement system; and clarifying that, for judicial
retirement purposes, credited service includes certain time served as an elected or appointed
municipal judge"; to the Committee on Pensions and Retirement then Finance.
By Delegates Overington, Tabb, Blair, Doyle, Rowan, Duke, Wysong, Cowles and
Miller:
H. B. 2397 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-4-2c, relating to salary increases for teachers based upon
residential housing costs"; to the Committee on Education then Finance.
By Delegates Hatfield, Brown, Caputo, Marshall and Mahan:
H. B. 2398 - "A Bill to amend and reenact §30-4-3 and §30-4-17 of the Code of West
Virginia, 1931, as amended, all relating to amending certain provisions involving dental hygienists;
and providing for settings in which a dental hygienist may perform various duties without direct
supervision"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Stalnaker, Williams and Stemple:
H. B. 2399 - "A Bill to amend and reenact §20-2-34 of the Code of West Virginia, 1931, as
amended, relating to increasing the percentage of the 'license fund-wildlife resources' derived from
license fees that may be used for capital improvements and land purchases for benefitting state
wildlife from ten to twenty percent; and correspondingly decreasing the amount from these fees that
are budgeted for the Wildlife Resources Division by ten percent"; to the Committee on Agriculture
and Natural Resources then Finance.
By Delegates Martin, Hatfield, Hrutkay and Perry:
H. B. 2400 - "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 Pensions and Retirement and then Finance.
By Delegates Hatfield, Hrutkay and Martin:
H. B. 2401 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto two new sections, designated §16-5C-20 and §16-5C-21, all relating to requiring nursing homes to have quality assurance programs and plans; and specifying requirements"; to the
Committee on Health and Human Resources then Finance.
By Delegates Webster, Mahan and Stemple:
H. B. 2402 - "A Bill to amend and reenact §61-5-27a of the Code of West Virginia, 1931,
as amended, relating to 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 connoting government sponsorship"; to the Committee on the Judiciary.
By Delegates Williams and Campbell:
H. B. 2403 - "A Bill to amend and reenact §18A-4-3 of the Code of West Virginia, 1931,
as amended, relating to increasing the salary increments paid to principals and assistant principals";
to the Committee on Education then Finance.
By Delegates Stalnaker, White and Talbott:
H. B. 2404 - "A Bill to amend and reenact §17D-2A-3 of the Code of West Virginia, 1931,
as amended, relating to authorizing the police to impound a motor vehicle and auction it to the
highest bidder in the event the owner of the motor vehicle has been convicted of driving with no
insurance three or more times; providing for the use of funds collected from the sale of impounded
motor vehicles; requiring seizing authorities to turn over leftover funds to the State Treasurer;
creating a fund to be administered by the State Treasurer in concert with the Superintendent of the
state Police to be used to compensate victims of uninsured and underinsured motorists; directing the
State Treasurer and the State Police to propose rules for legislative approval designed to administer
the fund in accordance with the fund's intended purpose; and, prohibiting operators of motor
vehicles who do not have insurance coverage from instituting lawsuits for damages"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Stalnaker and White:
H. B. 2405 - "A Bill to amend and reenact §17D-2A-3 of the Code of West Virginia, 1931,
as amended, relating to prohibiting operators of motor vehicles who do not have insurance coverage
from instituting lawsuits for damages"; to the Committee on Banking and Insurance then the
Judiciary.
By Delegates DeLong, Tabb, Doyle and Wysong:
H. B. 2406 - "A Bill to amend and reenact §19-23-3 of the Code of West Virginia, 1931, as
amended, relating to providing that in the event a yearling was born in another state and transported
to this state, the definition of 'Raiser of an accredited West Virginia horse' does not apply to any
pari-mutuel racing facility in Jefferson County; and providing for a five-year sunset provision
relative to the applicability of this definition at any pari-mutuel racing facility in Ohio County"; to
the Committee on the Judiciary.
By Delegate Michael:
H. B. 2407 - "A Bill to amend and reenact §11-13A-3a and §11-13A-3d of the Code of West
Virginia, 1931, as amended, all relating to the reduction from five percent to four percent in the
severance tax imposed on natural gas produced from wells placed in service on or after the first day
of July, two thousand seven; reducing the period of availability of a certain five-year severance tax
exemption for coalbed methane production; and reducing from five percent to four percent the
severance tax on gas produced from coalbed methane wells on or after the first day of July, two
thousand seven"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Overington, Evans, Schadler, Cowles and Miller:
H. B. 2408 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §21-11B-1, §21-11B-2, §21-11B-3, §21-11B-4, §21-11B-5,
§21-11B-6, §21-11B-7 and §21-11B-8, all relating to the right to work and making it a criminal
offense and actionable in court to impose an obligation on a person, as a condition of employment,
to affiliate with a labor organization and pay dues and other fees; providing penalties; and providing
for relief"; to the Committee on Industry and Labor, Economic Development and Small Business
then the Judiciary.
By Delegates Williams, Perry, Paxton, Stemple and Argento:
H. B. 2409 - "A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931,
as amended, relating to providing a two thousand eight dollar salary increase for each employee of
the Division of Corrections"; to the Committee on Government Organization then Finance.
By Delegates Hatfield, Caputo, Walters, Martin, Hrutkay, Argento and Perdue:
H. B. 2410 - "A Bill to amend and reenact §29-3B-3 of the Code of West Virginia, 1931,
as amended, relating to the removal of the exemption for government employees performing
electrical work on government property from having to possess an electrician's license"; to the
Committee on Industry and Labor, Economic Development and Small Business then Government
Organization.
By Delegates Fragale, Miley and Iaquinta:
H. B. 2411 - "A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as
amended, relating to public office and prohibiting a person convicted of any felony from holding any
public office"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 2412 - "A Bill to repeal §29-21-10, §29-21-11 and §29-21-12 of the Code of West
Virginia, 1931, as amended; to amend and reenact §29-21-2, §29-21-6, §29-21-8, §29-21-9, §29-21-
13 and §29-21-13a of said code; and to amend said code by adding thereto a new section, designated
§29-21-3b, all relating to Public Defender Services generally; defining certain terms; creating the
Indigent Defense Commission; specifying members and their terms; specifying certain powers and
duties of the Indigent Defense Commission; authorizing public defender corporations to contract
with private attorneys; permitting the employment of full-time and part-time attorneys; requiring
public defender corporations to submit monthly financial statements and reports; providing
requirements for the creation, activation, and merger of public defender corporations; providing for
the order of appointment of panel attorneys; removing certain sections relating to the funding of
public defender corporations; establishing requirements for funding applications; requiring
corporations to submit proposed budgets; authorizing amended funding contracts; providing for
payment of fees to panel attorneys; and authorizing executive director to establish guidelines for
submission of claims and vouchers"; to the Committee on Government Organization then the
Judiciary.
By Delegates Brown, Mahan, M. Poling, Talbott, Marshall, Caputo, Moore, Hrutkay
and Campbell:
H. B. 2413 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-5-48, relating to creating the Student and Family Privacy
Protection Act"; to the Committee on Education.
House Calendar
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2141, Raising the age at which a person may request to be excused from jury duty from
sixty-five to seventy,
H. B. 2285, Updating the meaning of federal adjusted gross and certain other terms used in
West Virginia Personal Income Tax Act,
Com. Sub. for H. B. 2314, Updating the meaning of "federal taxable income" and certain
other terms used but not defined in the West Virginia Corporation Net Income Tax Act,
And,
Com. Sub. for H. B. 2315, Relating to notification of parole hearings.
Miscellaneous Business
The Clerk read communications from the Speaker, making changes to the Standing
Committees as follows:
West Virginia House of Delegates
Office of the Speaker
Charleston, WV 25305
January 19, 2007
The Honorable Daniel Poling
Member, West Virginia House of Delegates
Room 223-E
State Capitol Complex
Dear Delegate Poling:
As per your request for additional committee assignments, I am adding you to the Committee
on Veterans Affairs.
If you have questions, or if I may be of assistance to you, please do not hesitate to call upon
me.
Sincerely,
Richard Thompson
Speaker.
West Virginia House of Delegates
Office of the Speaker
Charleston, WV 25305
January 19, 2007
The Honorable Stan Shaver
Member, House of Delegates
Room 230-E
State Capitol Complex
Dear Delegate Shaver:
As per your request and because of conflicts with committee meetings, I am removing you
from the Committee on Veterans Affairs.
If you have questions, or if I may be of assistance to you, please do not hesitate to call upon me.
Sincerely yours,
Richard Thompson
Speaker.
Delegates Doyle, Ellem and Stalnaker announced that they were absent on Friday, January
19, 2007, when the votes were taken on Roll Nos. 5 and 6, and that had they been present, they
would have voted "Yea" thereon.
At 11:27 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 23,
2007.