__________*__________
Tuesday, January 16, 2008
SEVENTH 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 Monday, January 14, 2008, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2503, Authorizing the Division of Motor Vehicles to issue an identification card to
West Virginia residents who already possess a valid driver's license,
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. 2104, Ensuring victims' rights to testify at sentencing in criminal cases,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2104 - "A Bill to amend and reenact §61-11A-2 and §61-11A-3 of the
Code of West Virginia, 1931, as amended, all relating to ensuring victims' rights to testify at
sentencing in criminal cases; requiring review by the sentencing court of the notice provided to a
felony victim prior to sentencing when the victim does not respond or tender an oral or written
statement for consideration at sentencing; requiring the postponement of the sentencing hearing
under certain circumstances when notice to the victim is deemed inadequate; clarifying adequate
notice; requiring court review and confirmation that the statutory requirements pertaining to victim
impact statements have been met, prior to sentencing,"
And,
H. B. 2402, Prohibiting persons from impersonating a public official by copying or imitating
the markings of a public agency or official on a motor vehicle,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2402 - "A Bill to amend and reenact §61-5-27a of the Code of West
Virginia, 1931, as amended, relating to the impersonation of a public official or employee,"
With the recommendation that the committee substitutes each do pass.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4020, Authorizing the disclosure of certain mental health records to the National
Instant Criminal Background Check System,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4020) was referred to
the Committee on the Judiciary.
Messages from the Executive
The Clerk read the following communication from the Speaker, appointing members of the
Select Committee on Senior Citizens Issues, which was filed in the Clerk's Office:
West Virginia House of Delegates
OFFICE OF THE SPEAKER
Charleston, WV 25305
January 14, 2008
Gregory M. Gray
Clerk, West Virginia House of Delegates
Room 212M
State Capitol Complex
Charleston, WV 25305
Dear Clerk Gray:
I do hereby appoint the following as members of the Select Committee on Senior Citizens
Issues:
The Honorable Tom Campbell, Chair
The Honorable Don Perdue
The Honorable Bill Proudfoot
The Honorable John Pino
The Honorable Ron Fragale
The Honorable Sharon Spencer
The Honorable Dale Stephens
The Honorable Sam Argento
The Honorable Dave Pethel
The Honorable Barbara Fleischauer
The Honorable Tim Manchin
The Honorable Ruth Rowan
The Honorable Allen Evans
The Honorable Bill Hamilton
The Honorable Larry Border
Sincerely,
Richard Thompson,
Speaker of the House.
Resolutions Introduced
Delegates Burdiss and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 8 - "Requesting the Division of Highways name the bridge numbered 0.01 and
located at Route 54/4 in the City of Mullens, the 'Oscar Robert England Bridge'."
Whereas, Oscar Robert England was instrumental in the early development of the
infrastructure of the City of Mullens that is still in use today; and
Whereas, Oscar Robert England served as street commissioner for the City of Mullens for
over twenty years; and
Whereas, Oscar Robert England's family, friends, neighbors and the community where he
worked and lived and that he loved and served, all agree that it would be a great and deserving honor
to name this bridge in Mr. England's honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered
0.01 and located on Route 54/4 in the City of Mullens, Wyoming County, West Virginia the "Oscar
Robert England Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate
signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of Highways and to the Wyoming County Commission.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Guthrie, Hatfield, Shook, Miley and Webster:
H. B. 4047 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17C-1-67; to amend said code by adding thereto two new
sections, designated §17C-14-15 and §17C-14-16, all relating to defining wireless communication
devices, use of hands-free and hand-held wireless communication devices while driving, and school
bus drivers' use of wireless communication devices"; to the Committee on Roads and Transportation
then the Judiciary.
By Delegates Fleischauer, Marshall, Manchin, Burdiss, Caputo, Fragale, DeLong,
Webster, Hamilton and D. Poling:
H. B. 4048 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-3-22, relating to providing that all employees have the right
to review and copy the contents of their personnel file"; to the Committee on the Judiciary then
Finance.
By Delegate Michael:
H. B. 4049 - "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 and §55-7E-6,
all relating to filing of claims for asbestos, disclosures regarding existing and anticipated claims
involving asbestos bankruptcy trusts, defendants rights in asbestos action to require claimant to show
cause regarding additional bankruptcy trust claims, certification of cause of action by court,
discovery of materials from bankruptcy trusts, value of trust claims, sanctions for noncompliance,
and rights of setoff"; to the Committee on the Judiciary then Finance.
By Delegates Doyle, Brown, Hatfield, Marshall, Browning, Ellem, Lane, Moore,
Fleischauer, Perdue and Klempa:
H. B. 4050 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7,
§3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17,
§3-12-18 and §3-12-19, all relating to creating the West Virginia Public Campaign Financing Act;
providing alterative campaign financing option for candidates for the State Senate and House of
Delegates through public funds; setting forth short title and certain legislative findings and
declarations; defining terms; specifying that the provisions of the act are applicable to candidates for
the offices of State Senate and House of Delegates beginning in two thousand ten; establishing a
Public Campaign Financing Fund and sources of revenue for the fund; requiring an additional
penalty assessment be imposed against violators of administrative orders, rules of state governmental
agencies, boards and commissions; requiring an applicant for public campaign funding to complete
a declaration of intent and setting forth the manner in which an application for funding may be made;
setting forth eligibility criteria for qualifying party and independent candidates; allowing
participating candidates to raise from private sources and spend seed money contributions; requiring
candidates seeking public campaign funds to collect a required number of qualifying contributions;
requiring candidates to provide detailed receipts to contributors and to the State Election
Commission for seed money and qualifying contributions; requiring participating candidates to
comply with all provisions of the act; requiring the State Election Commission to certify eligible
candidates and setting forth the procedure for certification; providing for distribution of funds from
the Public Campaign Financing Fund to qualified candidates for funding election campaigns;
specifying the amount of funds available for each candidate and when the funds become available;
setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in
the act; prohibiting the use of personal funds for certain purposes; permitting qualified candidates
to raise funds from private sources when there is insufficient money in the Public Campaign
Financing Fund to make a complete distribution to all qualified candidates; requiring certain
disclosures; requiring candidates to keep records and report to the State Election Commission;
providing for matching public campaign funds when an opponent spends in excess of the initial
funding available and for independent expenditures on behalf of a nonparticipating or certified
opponent; setting forth certain duties of the State Election Commission; providing for the deposit
of certain revenue into the fund; requiring repayment of excessive expenditures by candidates;
providing both civil and criminal penalties for violations of the act; and setting forth an effective
date"; to the Committee on the Judiciary then Finance.
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. 2020, Requiring mine operators to provide notice of hazardous chemical substances
and lead exposure to its employees,
And,
H. B. 4038, Allowing the Division of Labor to promulgate Rules to license elevator workers.
At 11:27 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 16,
2008.