__________*__________
Monday, January 14, 2008
SIXTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, January 11, 2008, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
On motion for leave, a bill was introduced (Originating in the Committee on Government
Organization and reported with the recommendation that it do pass), which was read by its title, as
follows:
By Delegates Morgan, Martin, Argento, Beach, Caputo, Hartman, D. Poling, Staggers,
Swartzmiller, Canterbury and Rowan:
H. B. 4038 - "A Bill to amend and reenact §21-3C-1, §21-3C-2 §21-3C-7, §21-3C-8, §21-
3C-11 and §21-3C-12 of the Code of West Virginia, 1931, as amended, and to further amend said
code by adding thereto a new section, designated §21-3C-10a, relating to the Elevator Safety Act;
requiring annual inspections of elevators; requiring elevator mechanics to be licensed by the Division
of Labor; authorizing legislative rules; providing for fees; and providing civil and criminal penalties
for noncompliance."
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2020, Requiring mine operators to provide notice of hazardous chemical substances
and lead exposure to its employees,
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2367, Requiring the Department of Environmental Protection to remediate any waste
tire pile in the state consisting of more than twenty-five tires,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2367) was referred to
the Committee on Finance.
Messages from the Executive
The Speaker presented annual reports from various state agencies as required by the
provisions of law, as follows:
Accountancy, Board of
Auditor, Office of the State
Consolidated Budget Report of Coal Severance Fund, Gas and Oil Severance Tax
and General Funds for the County and Municipal Governments
Banking, Commissioner of
Chiropractic, Board of
Conservation Agency
Corrections, Division of
Dental Examiners, Board of
Energy, Division of
Forestry, Division of
Logging Sediment Control Act
Health and Human Resources, Department of
Children and Families
Youth Services and Comprehensive Plan Update
Health Facility License and Certification, Office of
Licensing of Nursing Homes
James "Tiger" Morton Catastrophic Illness Commission
Maternal, Child and Family Health, Office of
Oral Health Program
Women's Right to Know Act
Insurance Commissioner, Office of
Consumer Advocacy
Medical Professional Liability Insurance
Workers' Compensation Maximum Reasonable Fee Schedule
Workers' Compensation Rules on Time Standards Compliance
Investment Management Board
Juvenile Services, Division of
Labor, Division of
Legislative Oversight Commission
Health and Human Resources Accountability
Licensed Practical Nurses, State Board of Examiners
Licensed Practical Nurses
Veterans Examination
Massage Therapy Licensure Board
Military Affairs, Division of
Parole Board
Municipal Bond Commission
Natural Resources, Division of
Nursing Home Administrators Licensing Board
Occupational Pneumoconiosis Board
Occupational Therapy, Board of
Osteopathy, Board of
Professional Engineers, State Board of Registration
Psychologists, Board of Examiners of
Public Energy Authority
Radiologic Technology, Board of Examiners
Real Estate Commission
Registered Professional Nurses, Board of Examiners
Ron Yost Personal Assistance Services Board
Senior Services, Bureau of
Speech-Language Pathology and Audiology, Board of Examiners
State Police Recruitment of Females/Minorities
Tax and Revenue, Department of
Classified Assessed Valuations, Taxes Levied
Transportation Coordinating Council
Water Development Authority.
The above-referenced reports are on file in the Clerk's Office.
Motions
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the remainder of the day to
extend privileges of the floor to invited guests for a presentation by the House.
Resolutions Introduced
Delegates H. White and Kominar offered the following resolution, which was read by its
title:
H. C. R. 7 - "Supporting the efforts of the Town of Matewan to obtain National Park status
for the Matewan National Historic Landmark District."
Whereas, Matewan, West Virginia is a small town nestled in the Tug River Valley, rich in
its history of coal mining and ties to its past through the legacies of the infamous Hatfield & McCoy
Feud and the Matewan Massacre, both of which furthers the folklore and history of the State of West
Virginia; and
Whereas, The Battle of Matewan Study Act which directed the Secretary of the Interior to
conduct a special study of the sites and resources at Matewan, West Virginia to determine if these
areas are suitable for designation in the National Park System; and
Whereas, United States Senators Robert C. Byrd and Jay Rockefeller and United States
Congressman Nick Rahall worked diligently to pass America's Historical and Natural Legacy Study
Act which appropriated funds for the Battle of Matewan Study Act; and
Whereas, Matewan, West Virginia will be greatly enriched by federal funding and see more
tourism by a designation as a National Park.
Resolved by the Legislature of West Virginia:
That the Legislature of the State of West Virginia supports the efforts of the Town of
Matewan to obtain National Park status for the Matewan National Historic Landmark District.
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward
a certified copy of this resolution to the Tug Valley Chamber of Commerce President, Rod Smith,
the mayor of the Town of Matewan, Sheila Kessler, and the members of the West Virginia Congressional delegation.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. C. R. 7) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now 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
93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig, Ennis, Hutchins, Marshall, Miley and Tabb.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H.C.R. 7) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Bills Introduced
On motions for leave, the following bill was introduced, read by its title, and referred as
follows:
By Delegates Hamilton and M. Poling:
H. B. 4039 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-10-1a, relating to giving abutting landowners of public lands
a right of first refusal to lease or buy public lands"; to the Committee on the Judiciary.
By Delegates Guthrie, Staggers, Mahan, Brown, Webster, Hrutkay, Spencer,
Longstreth, Hatfield, Marshall and Fleischauer:
H. B. 4040 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18-10P-1, §18-10P-2, §18-10P-3, §18-10P-4, §18-10P-5 and
§18-10P-6, all relating to authorizing the maintenance and operation of nontraditional career
development centers for displaced homemakers and single parents; providing for powers and duties
of the West Virginia Department of Education; establishing services to be offered; providing for
allocation of state funding; and requiring annual report"; to the Committee on Industry and Labor,
Economic Development and Small Business then Finance.
By Mr. Speaker, Mr. Thompson
[By Request of the Executive]:
H. B. 4041 - "A Bill to amend and reenact §11-13A-3d and §11-13A-20a of the Code of
West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated
§11-13A-3f; and to amend said code by adding thereto a new section, designated §11-13V-4a, all
relating to natural gas and coalbed methane production; Severance and Business Privilege Tax Act
and the Workers' Compensation Debt Reduction Act; specifying termination of the Severance and
Business Privilege Tax exemption for production of coalbed methane and specifying that coalbed
methane is taxed as natural gas for purposes of the Severance and Business Privilege Tax Act and
for purposes of the taxes imposed by the Workers' Compensation Debt Reduction Act; specifying
dedication of tax, providing effective dates; specifying application of exemption with relation to
existing exemption entitlements"; to the Committee on Finance.
By Delegates Ellem, Border, Craig, Crosier, DeLong, Lane, Moore, Proudfoot, Shook,
Stemple and Tabb:
H. B. 4042 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-9A-101, §48-9A-102, §48-9A-103, §48-9A-104, §48-9A-105
and §48-9A-106, all relating to Joint Parenting Act; custody of children after divorce; providing
certain rebuttable presumptions concerning custody; adding procedures and criteria relating to
determining the custody of children; addressing relocation of parents; addressing certain tax
implications; and including contempt provisions"; to the Committee on the Judiciary.
By Delegate Spencer:
H. B. 4043 - "A Bill to amend and reenact §7-14D-7, §7-14D-9c, §7-14D-14, §7-14D-15,
§7-14D-16, §7-14D-23, §7-14D-24 and §7-14D-30 of the Code of West Virginia, 1931, as amended,
all relating to the Deputy Sheriff Retirement System Act; correcting errors; permitting rollovers of
any dollar amount; providing for an onset date for disability retirement benefits; providing for
termination of disability retirement benefits of a retirant who refuses to submit to a medical
examination or provide a certification statement by his or her physician of continued disability;
removing option for term insurance to repay loan; providing for subsequent loan on repayment of
prior loan; clarifying eligibility requirements of certain sheriffs; and permitting collection of fees
for late payment from employers"; to the Committee on Pensions and Retirement then Finance.
By Delegate Spencer:
H. B. 4044 - "A Bill to amend and reenact §5-10A-2, §5-10A-3, §5-10A-4, §5-10A-5, §5-
10A-6, §5-10A-7 and §5-10A-8 of the Code of West Virginia, 1931, as amended, all relating to
disqualification for public retirement benefits; adding the definition of "former participant";
terminating retirement benefits in all public retirement plans of former and present participants who
have rendered less than honorable service; and providing for retention of vested employer
contributions for members of the Teachers' Defined Contribution Retirement System whose benefits are terminated for less than honorable service"; to the Committee on Pensions and Retirement then
Finance.
By Delegate Spencer:
H. B. 4045 - "A Bill to amend and reenact §5-10C-3, §5-10C-4 and §5-10C-5 of the Code
of West Virginia, 1931, as amended, all relating to government employees retirement plans; adding
the West Virginia Emergency Medical Services Retirement System to, and clarifying that all other
retirement systems administered by the Consolidated Public Retirement Board are included in, the
definition of retirement systems for purposes of the employer pick-up provisions; clarifying that all
participating public employers in retirement systems covered by this article are included in the
definition of participating public employer; setting forth requirements for member contributions to
be picked up for federal tax purposes by participating public employers in retirement systems
covered by this article, in accordance with revised guidance relating to same from the Internal
Revenue Service"; to the Committee on Pensions and Retirement then Finance.
By Delegate Michael:
H. B. 4046 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6,
§55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to limitations for certain asbestos claims;
addressing judicial actions involving silica and asbestos exposure; requiring fair and efficient judicial
consideration of personal injury and wrongful death arising out of asbestos or silica exposure; and
ensuring individuals who suffer impairment now or in the future for illnesses caused by exposure
to asbestos or silica receive compensation for their injuries"; to the Committee on the Judiciary then
Finance.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Campbell, Craig, Ennis, Hutchins, Miley and Tabb.
Delegate Marshall was also granted a leave of absence for the day due to the grave illness of
her husband.
At 11:35 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 15,
2008.