hdj2008-01-23-15

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Wednesday, January 23, 2008
FIFTEENTH 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 Tuesday, January 22, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4072, Clarifying that the Board of Registration for Professional Engineers is subject to a regulatory board review,
H. B. 4073, Clarifying that the Board of Examinations in Counseling is subject to a regulatory board review,
H. B. 4078, Relating to the termination of the Blennerhassett Island Historical State Park Commission,
And,
H. B. 4085, Relating to regulatory review of the West Virginia Acupuncture Board,
And reports the same back with the recommendation that they each do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 3045, Creating a new pay grade classification of "bus operator II",
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3045) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 3215, Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3215 - " A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-3C-8 of said code, all relating to defined terms; statewide network of independently accredited community and technical colleges; removing the administrative link between Shepherd University and Blue Ridge Community and Technical College; designating Blue Ridge Community and Technical College as a free-standing community and technical college; and deleting obsolete provisions,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4101, Repealing outdated provisions of the West Virginia Code relating to Huttonsville Correctional Center,
And,
H. B. 4107, Repealing outdated provisions of the West Virginia Code relating to Denmar State Hospital,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4100, Repealing outdated provisions of the West Virginia Code relating to the operation of the penitentiary by the Commissioner of Public Institutions,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Resolutions Introduced
Delegate Staggers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 16 - "Requesting the Division of Natural Resources to rename the fourteen acre lake of Wallback Dam project in Clay County, previously known as the 'B Run Dam' and the 'Wallback Dam' project, which opened in May, 2006, 'Sampson Lake'."
Whereas, Clay County's newest tourist attraction, a fourteen acre lake, was opened in May, two thousand-six; and
Whereas, The project was mandated by coal mitigation penalties in the early nineties; and
Whereas, The project almost foundered shortly thereafter when the coal company responsible for the mitigation penalties decried a lack of necessary funding; and
Whereas, Community activist Fred Sampson worked timelessly to secure the funding and marshal the agency willpower necessary to both start the project and realize the project's completion; and
Whereas, The lake, walking trail, and target range have been used daily with rave reviews; and
Whereas, As a fitting tribute to a man, Fred Sampson, who was the one person who saw the need, exhibited the personal commitment, and did the necessary work for the benefit of Clay County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Natural Resources to rename the fourteen acre lake of Wallback Dam project in Clay County, previously known as the "B Run Dam" and the "Wallback Dam" project, which opened in May, 2006, "Sampson Lake," in tribute to a man who has contributed much to Clay County and the State of West Virginia; and, be it
Further Resolved, That the Division of Natural Resources is hereby requested to erect appropriate signage at the entryways of the Lake recreational area; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Director of the Division of Natural Resources and to the Clay County Commission.
Delegates DeLong and Swartzmiller offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 17 - "Requesting the Joint Committee on Government and Finance to study the recruitment, retention and value of volunteer firefighters in the State of West Virginia."
Whereas, Volunteer firefighters put their lives on the line to protect the citizens of their community; and
Whereas, Retention and longevity of individual volunteer firefighters is vital to the public safety of the citizens of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the recruitment, retention and value volunteer firefighters in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance should focus on current recruitment and retention techniques of Volunteer Fire Departments throughout the state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Petitions
Mr. Speaker, Mr. Thompson, presented a petition on behalf of faculty and staff of Wayne County Schools, in support of the option of returning to the former teacher's retirement system; which was referred to the Committee on Finance.

Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Fleischauer, Hatfield, Perdue, Talbott, Barker, Webster, Canterbury, Manchin, Longstreth, Miley and Fragale:

H. B. 4133 - "A Bill to amend and reenact §22-5-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §22-5A-1, §22-5A-2 and §22-5A-3, all relating to the strengthening of vehicle emission standards"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Palumbo, Webster, Doyle, Hatfield, Guthrie, Spencer, Brown, Higgins, Staggers, Wells and Perdue:

H. B. 4134 - "A Bill to amend and reenact §16-9A-8 of the Code of West Virginia, 1931, as amended, relating to prohibiting the sale of less than twenty packaged cigarettes; requiring warnings on cigarette packages; and providing misdemeanor penalty"; to the Committee on the Judiciary.
By Delegate Yost:

H. B. 4135 - "A Bill to amend and reenact §48-22-702 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §48-23A-1 and §48-23A-2, all relating to permitting adult adoptees to obtain noncertified copies of their original birth certificates and providing birth parents with consent preference and medical history forms"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Webster:

H. B. 4136 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-14c, relating to allowing pregnancy leave buy-back by teachers who are currently employed or retired"; to the Committee on Education then Finance.
By Delegate Morgan:

H. B. 4137 - "A Bill to amend and reenact $33-17-9a of the Code of West Virginia, 1931, as amended, relating to clarifying a municipality and county will be notified by an insurance company when a total loss to a structure occurs within that county or municipality"; to the Committee on Political Subdivisions then Government Organization.
By Delegates Miley, Webster, Burdiss, Ellem, Hamilton, Mahan and Shook:

H. B. 4138 - "A Bill to amend and reenact §16-29E-2 and §16-29E-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29A-1-3 of said code, all relating to rule making requirements of the Department of Health and Human Services; requiring public notice and comment on rules, policies and state plans relating to public assistance; requiring public hearings in certain instances; requiring review of all rules, policies and plans by the Legislative Oversight commission on Health and Human Resources Accountability; and authorizing recommendations for changes and legislation"; to the Committee on the Judiciary.
By Delegates Webster, Hrutkay, Kessler, Moore, Pino, Stemple and Overington:

H. B. 4139 - "A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended; and to further amend said chapter by adding thereto a new article, designated §17B-2B-1, §17B-2B-2, §17B-2B-3, §17B-2B-4, §17B-2B-5, §17B-2B-6, §17B-2B-7, §17B-2B-8, §17B-2B-9, §17B-2B-10 and §17B-2B-11, all relating to licensing persons using bioptic telescopic devices to operate a motor vehicle; creating a Class G driver's license for persons using bioptic telescopic devices who complete an approved driver training program; authorizing the Division of Rehabilitation Services to create an approved driver training program; establishing minimum eligibility requirements for acceptance into an approved driver training program and minimum curriculum requirements; establishing criteria and restrictions for a Class G instruction permit and driver's license; specifying the duration of the Class G instruction permit and driver's license; providing for removal of the daytime driving restriction in certain circumstances; establishing standards for licensure of restricted out-of-state drivers to obtain a West Virginia Class G instruction permit or driver's license; providing prerequisites for renewal of a Class G driver's license; providing for suspension, revocation and reinstatement of Class G driver's licenses; requiring the Commissioner of the Division of Motor Vehicles to collect information regarding accidents, violations and convictions by Class G licensees and to report the same annually to the Legislature; requiring the Commissioner of the Division of Motor Vehicles and the Director of the Division of Rehabilitation Services to propose legislative rules; and clarifying that training provisions for Class G licensees do not apply to persons already licensed in this state to operate a motor vehicle while wearing bioptic telescopic devices"; to the Committee on the Judiciary.
By Delegate DeLong:

H. B. 4140 - "A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to the terms of certain appointed state officers, qualifications; powers and salaries of such officers; salary when one person is serving as both the Secretary of Transportation and the Commissioner of Highways"; to the Committee on Government Organization then Finance.
By Delegates White and Webster:

H. B. 4141 - "A Bill to amend and reenact §55-17-3 of the Code of West Virginia, 1931, as amended, relating to reducing the number of written status reports on a civil action against a state government agency required to be provided by the chief officer of the government agency"; to the Committee on the Judiciary.
By Delegates Ellis, Eldridge, Hrutkay, Rodighiero and Reynolds:

H. B. 4142 - "A Bill to amend and reenact §30-3A-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-3A-5, all relating to the treatment of intractable pain"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Shaver:

H. B. 4143 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-19-3b, relating to prohibiting the use of the body of an unborn baby for any medical experimentation or scientific investigation except as necessary to diagnose a disease or condition suspected to exist in the mother's or fetus's body; and prescribing criminal penalties for violation of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Morgan, Martin, Higgins and Long:

H. B. 4144 - "A Bill to amend and reenact §30-3-16 of the Code of West Virginia, 1931, as amended, relating to physician assistants; updating language to conform to national changes; requiring supervising physicians to be fully licensed without restriction or limitation; permitting graduates of an approved program who have passed the national certifying examination for physician assistants to obtain temporary licenses; requiring a physician assistant who fails a recertifying examination to immediately notify the supervising physician and the board of Medicine and immediately cease practice and requiring automatic license expiration until passage of the examination; raising fees and adding fees for temporary license and prescriptive writing privileges"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Caputo, DeLong, Klempa, Morgan and Staggers:

H. B. 4145 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto six new sections, designated §7-18-2a, §7-18-16, §7-18-17, §7-18-18, §7-18-19 and §7-18-20; and to amend and reenact §7-18-3 and §7-18-14 of said code, all relating to the establishment of accredited convention and visitor bureaus and standards for accreditation"; to the Committee on Government Organization then Finance.
By Delegates Swartzmiller, Eldridge, Martin and Schoen:

H. B. 4146 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30-41-6, §30- 41-7, §30-41-8, §30-41-9, §30-41-10, §30-41-11, §30-41-12, §30-41-13, §30-41-14, §30-41-15, §30- 41-16, §30-41-17, §30-41-18, §30-41-19, §30-41-20, §30-41-21, §30-41-22, §30-41-23 and §30-41- 24, all relating to regulating the practice of marriage and family therapy; legislative findings; definitions; creating the Marriage and Family Therapy Board of Examiners; powers and duties of the board; license and temporary permit requirements; exemptions; scope of practice; hearing and notice requirements; providing a civil cause of action; criminal penalties; and continuation of the board"; to the Committee on Government Organization then the Judiciary.
By Delegates DeLong and Armstead:

H. B. 4147 - "A Bill to amend and reenact §5A-4-5 of the Code of West Virginia, 1931, as amended, relating to the regulation of parking for state office buildings in Charleston"; to the Committee on the Judiciary.
By Delegates Palumbo, Webster, Miley, Shook, Higgins and Manchin:

H. B. 4148 - "A Bill to amend and reenact §44-10-14 of the Code of West Virginia, 1931, as amended, relating to authorizing that net settlement proceeds held for a minor may be invested in a Smart529 college savings plan"; to the Committee on Education then the Judiciary.
By Delegates Klempa, Caputo, D. Poling, Yost, Hrutkay, Tucker, Iaquinta, Doyle, Manchin:

H. B. 4149 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as amended, relating to corporation net income tax"; to the Committee on Finance.
By Delegates Yost, Caputo, Klempa, Burdiss, Eldridge, Hutchins, Tucker, Reynolds, Rodighiero and D. Poling:

H. B. 4150 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-6-1; to amend and reenact §7-3-2a of said code and to amend and reenact §18-5-24 of said code, all relating to requiring that the purchase of United States flag or flags of the State of West Virginia only be made from manufacturers in the United States when public funds are used"; to the Committee on the Judiciary then Finance.
By Delegates Cowles, J. Miller, Rowan, Hamilton, C. Miller and Sumner:

H. B. 4151 - "A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended, relating to exempting all gallons of special fuel and propane gas for home heating consumption use from the excise tax on gasoline or special fuel"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Mahan, Kessler, Moye and Gall:

H. B. 4152 - "A Bill to amend and reenact §18-7A-28e of the Code of West Virginia, 1931, as amended, relating to providing cost-of-living benefits to retired teachers funded from the severance tax collections on natural gas"; to the Committee on Education then Finance.
By Delegates Swartzmiller, Varner, Pethtel, DeLong and Michael:

H. B. 4153 - "A Bill to amend and reenact §20-2-18 of the Code of West Virginia, 1931, as amended, relating to trapping of wild animals"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Craig, Campbell, Perry, Shaver, Williams, Stephens, Browning and Morgan:

H. B. 4154 - "A Bill to repeal §18-7C-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7C-6 of said code, all relating to the merging of the Defined Contribution Retirement System into the State Teachers' Retirement System by repealing the merger provision and permitting certain members a one-time option to transfer between the systems"; to the Committee on Education then Finance.
By Delegates Rodighiero, Ellis, Eldridge, Reynolds, Stephens, Shook, Craig, Wells, Guthrie, Hatfield and Wysong:

H. B. 4155 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-21, relating to salary increase for school personnel"; to the Committee on Education then Finance.
By Delegates Morgan, Craig, Palumbo, Klempa, Hutchins and Higgins:

H. B. 4156 - "A Bill to amend and reenact §8-12-16 of the Code of West Virginia, 1931, as amended, relating to permitting the governing body of a municipality to place a lien on property in an amount equal to the demolition and removal costs of a hazardous structure"; to the Committee on Political Subdivisions then Government Organization.
House Calendar
Third Reading
Com. Sub. for H. B. 4036, Granting the board of Respiratory Care Practitioners rulemaking authority and the issuance of temporary permits to students; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
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. 4019, Relating to civil actions filed in the courts of the state,
And,
Com. Sub. for H. B. 4053, Protecting computer owners and users from computer spyware.
At 11:20 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 24, 2008.