hdj2008-02-01-24

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February 1, 2008
TWENTY-FOURTH 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 Thursday, January 31, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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 day to extend privileges of the floor to invited guests for a presentation by the House.
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. C. R. 10, The "Captain Larry F. Lucas Memorial Bridge",
H. C. R. 14, Requesting that the Joint Committee on Government and Finance authorize a study of the feasibility of requiring legislative rules to be filed electronically,
And,
S. C. R. 34, Amending Joint Rules of Senate and House of Delegates by adding a new rule relating to constitutional petitions and resolutions,
And reports the same back with the recommendation that they each be adopted.
On motion for leave, a resolution was introduced (Originating in the Committee on Rules and reported with the recommendation that it be adopted), which was read by its title as follows:
By Mr. Speaker, Mr. Thompson, and Delegates DeLong, Caputo, Fragale, Hatfield, Hrutkay, Morgan, M. Poling, Proudfoot, Talbott, Varner, Webster, White, Anderson, Armstead, Border, Carmichael and Overington:
H. C. R. 27 - "Designating 'Almost Heaven - West Virginia - Wild and Wonderful' as the official roadway welcome slogan of the State of West Virginia."
Whereas, West Virginia is a state known for its breathtaking vistas, winding country roads, and wild mountain rivers; and
Whereas, The beauty of West Virginia may be seen from every corner of this majestic State; and
Whereas, West Virginians possess a proud, independent spirit that is characterized by our State motto Montani Semper Liberi; and
Whereas, The State's beauty and the spirit of her people is also embodied in the popular slogans of "Almost Heaven" and "Wild and Wonderful"; and
Whereas, "Wild and Wonderful" first appeared on West Virginia's roadway welcome signs in 1975 and remained in use until 1991; and the phrase "Wild and Wonderful" has appeared on all West Virginia general issue license plates since 1976; and
Whereas, John Denver's extremely popular song "Take Me Home, Country Roads" which has become the unofficial anthem of West Virginia, opens with the phrase "Almost Heaven, West Virginia"; and
Whereas, The Honorable Senator Robert C. Byrd offers the following statement about West Virginia: "It is the State that is 'Wild and Wonderful' and 'Almost Heaven' with its beautiful hills and law-abiding, God-fearing and patriotic people."
Whereas, On September 5, 2007, the State's citizens voted to select an official welcome slogan for West Virginia's roadway welcome signs with nearly 49,000 West Virginians casting votes for their favorite slogans; and
WHEREAS, "Wild and Wonderful" and "Almost Heaven" were the first- and second-place choices; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates "Almost Heaven - West Virginia - Wild and Wonderful" as the official roadway welcome slogan of the State of West Virginia; and, be it
Further Resolved, That the Legislature supports placing the phrase "Almost Heaven - West Virginia - Wild and Wonderful" on West Virginia's roadway welcome signs; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copies of this resolution to the Governor of West Virginia and the Cabinet Secretary of the West Virginia Department of Transportation.
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. 4207, Acupuncture, disciplinary and complaint procedures for acupuncturists,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4207) was referred to the Committee on the Judiciary.
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. 4201, Massage Therapy Licensure Board, general provisions,
And,
H. B. 4208, Acupuncture, continuing education requirements,
And reports the same back with the recommendation that they each do pass, but first that they be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4201 and H. B. 4208) were each referred to the Committee on the Judiciary.
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. 4303, Clarifying disciplinary cases, investigations, hearings, injunctions and penalties for the Board of Acupuncture,
And reports the same back, with amendment, with the recommendation that it do pass, but first that it be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4303) was referred to the Committee on the Judiciary.
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. 4075, Providing for a video recording device monitoring system during Amber Alert periods,
And reports the same back with the recommendation that it 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. 4328, Excluding the service of a poll worker from being considered a prohibited political activity,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4328 - "A Bill to amend and reenact §29-6-20 of the Code of West Virginia, 1931, as amended, relating to the exclusion of serving as a poll worker from being deemed a prohibited political activity,"
And,
H. B. 4344, Relating to the criminal offense of cruelty to animals,
And reports back committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4344 - "A Bill to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to the criminal offense of cruelty to animals; providing that animals be adequately sheltered; and prohibiting the tethering or chaining of animals in a cruel manner,"
With the recommendation that the committee substitutes each do pass.
Resolutions Introduced
Delegates Talbott, Anderson, Argento, Ashley, Barker, Blair, Campbell, Canterbury, Carmichael, Duke, Ellem, Hamilton, Iaquinta, Ireland, Longstreth, Manchin, Miley, J. Miller, Overington, D. Poling, Porter, Romine, Schadler, Schoen, Sobonya and Sumner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 24 - "Requesting that a nine mile section of Holly River Road, State Route 15 in Webster County, beginning at the intersection of State Route 15 and State Route 20 and ending at the Braxton County line, be named "The A. R. 'Dick' Townsend Memorial Roadway."
Whereas, Dick Townsend drove the school bus on this route for 32 years, until his retirement in 1971. During his tenure Mr. Townsend drove more than 600,000 miles and transported over 3,000 students; and
Whereas, Upon his retirement, Mr. Townsend was awarded a Safe Driver's Award and was further recognized that during his 32 year tenure he never found it necessary to discipline a student for misbehavior; and
Whereas, He was a community minded individual who operated an automobile repair shop on this route and many times performed repairs at no charge for his neighbors; and
Whereas, Mr. Townsend was well respected by colleagues, teachers, students and neighbors; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name that nine mile section of State Route 15 beginning at the intersection of State Route 15 in Webster County and State Route 20 and ending at the Braxton County line, "The A. R. 'Dick' Memorial Roadway"; and, be it
Further resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of said roadway, containing bold and prominent letters proclaiming the roadway to be "The A. R. 'Dick' Townsend Memorial Roadway"; and, be it
Further resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, his daughter, June (Townsend) Barb and her husband Bradley and the Superintendent of Schools of Webster County.
Delegates Tansill, Longstreth, Iaquinta and Swartzmiller offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 25 - "Requesting that bridge number 46-119-7.93 located in the City of Grafton, be named the 'Memorial City Bridge'."
Whereas, Per capita, more citizens from West Virginia have served in our nation's Armed Forces than any other state; and
Whereas, These same citizens have always answered the call to serve and to defend and preserve, not only our freedom, but the freedom of others around the world; and
Whereas, Grafton, West Virginia is home to our state's first National Cemetery; and
Whereas, Two thousand eight marks the 141^st annual observance of the Memorial Day Parade and Memorial Day Cemetery Ceremonies and activities; and
Whereas, The City of Grafton became known as "Memorial City" because of ceremonies and activities tirelessly held to remember and recognize those who fought for America, and especially those who fell defending their nation; and
Whereas, The annual Memorial Day Parade passes over the Tygart Valley River on a bridge that is part of the U.S. Route 119 Highway; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the U.S. Route 119 Bridge spanning Tygart Valley River in Grafton, West Virginia the "Memorial City Bridge;" and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to read in prominent lettering: "Memorial City Bridge," which signs shall be erected at each entrance of the bridge, indicating that the bridge has been so named; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Mayor of the City of Grafton, and the Commanders of the same city's American Legion, Disabled American Veterans and the Veteran's of Foreign Wars in Grafton, West Virginia and to the Secretary of Transportation and to the Commissioner of the Division of Highways.
Mr. Speaker, Mr. Thompson, and Delegates Perdue and Kominar offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 26 - "Requesting the Division of Highways name the section of U. S. Route 52 between mile marker 16.59 and mile marker 55.15 be named the 'Vietnam Veterans Highway'."
Whereas, The Vietnam Veteran served his country with great honor and distinction during a time when many were dishonoring them here in this country; and
Whereas, The Vietnam Veteran fought the enemy with as much vigor and heroism as did our World War II veterans -- or any other veteran in our great Nation's history; and
Whereas, U. S. Route 52 runs through southern West Virginia, an area of many Vietnam Veterans; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the section of U. S. Route 52 between mile marker 16.59 and mile marker 55.15 the "Vietnam Veterans Highway"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the section of U. S. Route 52 between mile marker 16.59 and mile marker 55.15 as the "Vietnam Veterans Highway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Doyle Perdue, DeLong, White, Kominar, Hrutkay, Hutchins, Michael, Carmichael, Blair and Boggs:

H. J. R. 105 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section fifty-one, article VI thereof, relating to the Governor and the Legislature jointly submitting a budget for the next ensuing fiscal year; 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 Finance.
Mr. Speaker, Mr. Thompson, and Delegate Rowan offered the following resolution, which was read by the Clerk:
H. R. 16 - "Commemorating the passing of William 'Bill' B. Slonaker, gentleman, public servant, farmer, conservationist, enthusiast and a great asset to his county and State."
Whereas, William "Bill" B. Slonaker was an outstanding citizen of West Virginia, graduating from Capon Bridge High School and attending Potomac State College; and
Whereas, Following his education, Mr. Slonaker chose a rewarding career as a public servant working with the West Virginia Department of Agriculture as meat inspection supervisor in eastern West Virginia until his retirement in 1987; and
Whereas, Throughout his life Mr. Slonaker chose to follow in the footsteps of many other fine West Virginians by being a farmer and breeder of Angus cattle, as well as being a conservationist and orchardist; and
Whereas, Mr. Slonaker was active in the community where he lived and served in many leadership posts and roles including: Director of the Farm Bureau, County Supervisor of the Potomac Valley District, the Capon Bridge Ruritan Club, the Potomac Valley Antique Car Club and was a member of the Capon Bridge United Methodist Church; and
Whereas, Mr. Slonaker ably served his state as a member of the West Virginia House of Delegates from 1958 to 1967; and
Whereas, He was chosen to receive Hampshire County's Conservationist Award in 1957 and was listed in the Who's Who in American Politics; and
Whereas, The passing of William "Bill" B. Slonaker should not go unnoticed; therefore, be it
Resolved by the House of Delegates:
That regret is hereby expressed by the members at the passing on of one of their own former members, William "Bill" B. Slonaker, farmer, conservationist, public servant and beloved gentleman whose many varied interests touched many lives; a man who loved his family and his beloved Hampshire County and West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copies of this resolution for the family of William "Bill" B. Slonaker who have suffered a great loss, including his beloved wife of 66 years, Ila (Stickley) Slonaker, his son, Steve W. Slonaker and his wife, Judy, and his daughter, Shirley B. Davey and her husband, Rickie; as well as to the Commissioner of the Department of Agriculture.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 16) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, Delegate Rowan demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 25), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Frederick, Manchin, Marshall, Poling, D, Shook, Stalnaker, Stemple and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 16) adopted.
Petitions
Delegate Perdue and Mr. Speaker, Mr. Thompson, presented a petition on behalf of faculty and staff of Wayne County School employees, 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 Caputo, Wysong, DeLong, Duke, Martin, Swartzmiller, Stemple, Argento, Ellis and Boggs:

H. B. 4369 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-53, relating to the establishment of a West Virginia State Trooper's Association leave donation program"; to the Committee on Government Organization then the Judiciary.
By Delegates Long and Perdue:

H. B. 4370 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-38, relating to requiring all health insurance policies to allow a minimum of one year to file health insurance claims"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Caputo:

H. B. 4371 - "A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to increasing compensation of membership of the West Virginia State Police"; to the Committee on Government Organization then Finance.
By Delegates Martin and Argento:

H. B. 4372 - "A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to authorizing the creation of a special revenue account in the State Treasury called the "West Virginia Racing Commission-Special Account-West Virginia Greyhound Breeding Development Fund"; to the Committee on Government Organization then Finance.
By Delegates Palumbo, Wells, Guthrie, Hatfield, Brown and Webster:

H. B. 4373 - "A Bill to amend and reenact §18-9A-11 of the Code of West Virginia, 1931, as amended, relating to computation of local share; appraisal and assessment of property; public library support"; to the Committee on Education then Finance.
By Delegates Shook and DeLong:

H. B. 4374 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-33, relating to making it a misdemeanor to file a frivolous lawsuit"; to the Committee on the Judiciary.
By Delegates Doyle and Campbell:

H. B. 4375 - "A Bill to amend and reenact §18B-10-5 and §18B-10-6 of the Code of West Virginia, 1931, as amended, all relating to fee waivers to certain students and faculty and staff at institutions of higher education at undergraduate and graduate levels; applying this exemption to all institutions; and extending the exemption to nonresident faculty and staff only up to the amount of in-state tuition"; to the Committee on Education then Finance.
By Delegates Staggers, Long, Moye, Argento, Rodighiero, Hamilton, Crosier, Azinger, Rowan, D. Poling and Canterbury:

H. B. 4376 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to providing an exemption from gross income for members of volunteer fire departments for state personal income tax purposes"; to the Committee on Finance.
By Delegates Perry, Staggers, Gall, Duke, Reynolds, Rodighiero, Williams, Ellis, Stemple, Argento and Crosier:

H. B. 4377 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-38, relating to requiring the State Board of Education to create a school drug safety program; and specifying minimum requirements for the program"; to the Committee on Education then Finance.
By Delegates Doyle, Tabb and Wysong:

H. B. 4378 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to increasing the number of magistrates in Jefferson County by one"; to the Committee on the Judiciary then Finance.
By Delegates Rodighiero, Ellis, Reynolds, Guthrie, Hatfield, Boggs and Hrutkay:

H. B. 4379 - "A Bill to amend and reenact §5-16-23 of the Code of West Virginia, 1931, as amended, relating to participation in the Public Employees Health Insurance plan"; to the Committee on Banking and Insurance then Finance.
By Delegates Walters, Webster, Kessler, Caputo, DeLong, Fleischauer, Ellem, Brown, Manchin, Shook and Hamilton:

H. B. 4380 - "A Bill to amend and reenact §46A-6H-3 of the Code of West Virginia, 1931, as amended, relating to requiring court approval for certain structured settlement transfers; enhancing protection for consumers; requiring appointment of guardian ad litem; payment of guardian ad litem, attorneys' fees and costs; required findings; and standard of proof"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Kominar, Moore, Barker, Perry, Schoen, Ashley and Walters:

H. B. 4381 - "A Bill to repeal §23-2C-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2C-2 and §23-2C-10 of said code; and to amend and reenact §33-26-3, §33-26-5, §33-26-6, §33-26-8 and §33-26-12 of said code, all relating to an assigned risk plan and guaranty association account for workers' compensation insurance; defining terms; eliminating certain funds in the treasurer's office and transferring moneys in such funds to the Old Fund; eliminating the requirement that private carriers maintain an office in this state; providing for the establishment and operation of an assigned risk plan; making workers' compensation insurance applicable to the Insurance Guaranty Association Act; establishing a new account to be administered by the West Virginia Insurance Guaranty Association; modifying standards for paying duplicate claims; and providing that limits on benefits payable by the guaranty association are not applicable to obligations arising out of workers' compensation insurance"; to the Committee on Banking and Insurance then Finance.
House Calendar
Third Reading
H. B. 3122, Relating to the definition of "eligible veteran" for certain state training and employment preference benefits; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 26), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Frederick, Manchin, Marshall, D. Poling, Shook, Stalnaker, Stemple and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3122) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4016, Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 27), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Frederick, Manchin, Marshall, D. Poling, Shook, Stalnaker, Stemple and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4016) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 28), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Frederick, Manchin, Marshall, D. Poling, Shook, Stalnaker, Stemple and Talbott.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4016) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4017, Updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 29), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Frederick, Manchin, Marshall, D. Poling, Shook, Stalnaker, Stemple and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4017) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 30), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Frederick, Manchin, Marshall, D. Poling, Shook, Stalnaker, Stemple and Talbott.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4017) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4021, Revising mining safety equipment requirements and enhancing penalties for crimes against mining property; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 31), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Frederick, Manchin, Marshall, D. Poling, Shook, Stalnaker, Stemple and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4021) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4028, Authorizing counties and municipalities to enter into contracts for energy-savings; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 32), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Frederick, Manchin, Marshall, D. Poling, Shook, Stalnaker, Stemple and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4028) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4125, Relating to faculty senate funds for classroom teachers and librarians; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 33), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Frederick, Manchin, Marshall, Poling, D, Shook, Stalnaker, Stemple and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4125) passed.
Delegate DeLong moved that the bill take effect July 1, 2008.
On this question, the yeas and nays were taken (Roll No. 34), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Frederick, Manchin, Marshall, Poling, D, Shook, Stalnaker, Stemple and Talbott.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4125) takes effect July 1, 2008.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
H. B. 2711, Providing that fire officers may use adjacent property to prevent fire from spreading; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4052, Uniform Maternal Screening Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4099, Allowing certain vehicles designated by the Secretary of the Department of Military Affairs and Public Safety to use red flashing lights; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Webster, the bill was amended by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 15. EQUIPMENT.
§17C-15-26. Special restrictions on lamps.
(a) Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps or flashing front-direction signals which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.
(b) No person ~~shall~~ may drive or move any vehicle or equipment upon any highway with any lamp or device ~~thereon~~ on the vehicle displaying other than a white or amber light visible from directly in front of the center ~~thereof~~ of the vehicle except as authorized by subsection (d) of this section.
(c) Except as authorized in subsections (d) and (f) of this section and authorized in section nineteen of this article, flashing lights are prohibited on motor vehicles: Provided, That any vehicle as a means for indicating right or left turn or any vehicle as a means of indicating the same is disabled or otherwise stopped for an emergency may have blinking or flashing lights.
(d) Notwithstanding any other provisions of this chapter, the following colors of flashing warning lights are restricted for the use of the type of vehicle designated:
(1) Blue flashing warning lights are restricted to police vehicles. Authorization for police vehicles shall be designated by the chief administrative official of each police department.
(2) Except for standard vehicle equipment authorized by section nineteen of this article, red flashing warning lights are restricted to the following:
(A) Ambulances;
(B) Fire-fighting vehicles;
(C) Hazardous material response vehicles;
(D) Industrial fire brigade vehicles;
(E) Rescue squad vehicles not operating out of a fire department;
(F) School buses;
(G) Class A vehicles, as defined by section one, article ten, chapter seventeen-a of this code, of those firefighters who are authorized by their fire chiefs to have the lights;
(H) Class A vehicles of members of duly chartered rescue squads not operating out of a fire department;
(I) Class A vehicles of members of ambulance services or duly chartered rescue squads who are authorized by their respective chiefs to have the lights;
(J) Class A vehicles of out-of-state residents who are active members of West Virginia fire departments, ambulance services or duly chartered rescue squads who are authorized by their respective chiefs to have the lights; ~~and~~
(K) West Virginia Department of Agriculture emergency response vehicles;
(L) Vehicles designated by the Secretary of the Department of Military Affairs and Public Safety for emergency response or emergency management by the Division of Corrections, Regional Jail and Correctional Facility Authority, Division of Juvenile Services and Division of Homeland Security and Emergency Management; and
(M) Class A vehicles of emergency response or emergency management personnel as designated by the Secretary of the Department of Military Affairs and Public Safety and the county commission of the county of residence.
Red flashing warning lights attached to a Class A vehicle ~~shall~~ may be operated only when responding to or engaged in handling an emergency requiring the attention of the firefighters, members of the ambulance services or chartered rescue squads.
(3) The use of red flashing warning lights ~~shall be~~ is authorized as follows:
(A) Authorization for all ambulances shall be designated by the Department of Health and Human Resources and the sheriff of the county of residence.
(B) Authorization for all fire department vehicles shall be designated by the fire chief and the State Fire Marshal's office.
(C) Authorization for all hazardous material response vehicles and industrial fire brigades shall be designated by the chief of the fire department and the State Fire Marshal's office.
(D) Authorization for all rescue squad vehicles not operating out of a fire department shall be designated by the squad chief, the sheriff of the county of residence and the Department of Health and Human Resources.
(E) Authorization for school buses shall be designated as set out in section twelve, article fourteen of this chapter.
(F) Authorization for firefighters to operate Class A vehicles shall be designated by their fire chiefs and the State Fire Marshal's office.
(G) Authorization for members of ambulance services or any other emergency medical service personnel to operate Class A vehicles shall be designated by their chief official, the Department of Health and Human Resources and the sheriff of the county of residence.
(H) Authorization for members of duly chartered rescue squads not operating out of a fire department to operate Class A vehicles shall be designated by their squad chiefs, the sheriff of the county of residence and the Department of Health and Human Resources.
(I) Authorization for out-of-state residents operating Class A vehicles who are active members of a West Virginia fire department, ambulance services or duly chartered rescue squads shall be designated by their respective chiefs.
(J) Authorization for West Virginia Department of Agriculture emergency response vehicles shall be designated by the Commissioner of the Department of Agriculture.
(K) Authorization for vehicles for emergency response or emergency management by the Division of Corrections, Regional Jail and Correctional Facility Authority, Division of Juvenile Services and Division of Homeland Security and Emergency Management shall be designated by the Secretary of the Department of Military Affairs and Public Safety.
(L) Authorization for Class A vehicles of emergency response or emergency management personnel as designated by the Secretary of the Department of Military Affairs and Public Safety and the county commission of the county of residence.
(4) Yellow or amber flashing warning lights are restricted to the following:
(A) All other emergency vehicles, including tow trucks and wreckers, authorized by this chapter and by section twenty-seven of this article;
(B) Postal service vehicles and rural mail carriers, as authorized in section nineteen of this article;
(C) Rural newspaper delivery vehicles;
(D) Flag car services;
(E) Vehicles providing road service to disabled vehicles;
(F) Service vehicles of a public service corporation;
(G) Snow removal equipment;
(H) School buses; and
(I) Automotive fire apparatus owned by a municipality or other political subdivision, by a volunteer or part-volunteer fire company or department or by an industrial fire brigade.
(5) The use of yellow or amber flashing warning lights shall be authorized as follows:
(A) Authorization for tow trucks, wreckers, rural newspaper delivery vehicles, flag car services, vehicles providing road service to disabled vehicles, service vehicles of a public service corporation and postal service vehicles shall be designated by the sheriff of the county of residence.
(B) Authorization for snow removal equipment shall be designated by the Commissioner of the Division of Highways.
(C) Authorization for school buses shall be designated as set out in section twelve, article fourteen of this chapter.
(D) Authorization for automotive fire apparatus shall be designated by the fire chief in conformity with the NFPA 1901 Standard for Automotive Fire Apparatus as published by the National Fire Protection Association (NFPA) on the eighteenth day of July, two thousand three, and adopted by the State Fire Commission by legislative rule (87 CSR 1, et seq.), except as follows:
(i) With the approval of the State Fire Marshal, used automotive fire apparatus may be conformed to the NFPA standard in effect on the date of its manufacture or conformed to a later NFPA standard; and
(ii) Automotive fire apparatus may be equipped with blinking or flashing headlamps.
(e) Notwithstanding the foregoing provisions of this section, any vehicle belonging to a county board of education, an organization receiving funding from the state or Federal Transit Administration for the purpose of providing general public transportation or hauling solid waste may be equipped with a white flashing strobotron warning light. This strobe light may be installed on the roof of a school bus, a public transportation vehicle or a vehicle hauling solid waste not to exceed one-third the body length forward from the rear of the roof edge. The light shall have a single clear lens emitting light three hundred sixty degrees around its vertical axis and may not extend above the roof more than six and one-half inches. A manual switch and a pilot light must be included to indicate the light is in operation.
(f) It ~~shall be~~ is unlawful for flashing warning lights of an unauthorized color to be installed or used on a vehicle other than as specified in this section, except that a police vehicle may be equipped with either or both blue or red warning lights."
The bill was then ordered to engrossment and third reading.
First Reading
Com. Sub. for H. B. 4032, Relating to payment of wages through a direct deposit system; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Beach, Cann, Frederick, Manchin, Marshall, D. Poling, Shook, Stalnaker, Stemple and Talbott.
Miscellaneous Business
Delegate Tabb asked and obtained unanimous consent that the remarks of Delegate Doyle regarding the 107^th birthday of the oldest living veteran in the State of West Virginia be printed in the Appendix to the Journal.
At 11:37 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 4, 2008.