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Sunday, February 24, 2008

FORTY-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 Friday, February 22, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Reports from Standing Committees

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. 64, Urging cooperation to establish an academic competition among the state's high schools,
H. C. R. 65, Requesting the Joint Committee on Regional Jail and Correctional Facility Oversight to conduct a study establishing drug and mental health courts in each judicial district,
H. C. R. 66, Honoring and commemorating 100 years of service at home and abroad by the United States Army Reserve,
And,
H. C. R. 67, The Abishi Carrando Cunningham, Sr. Memorial Bridge,
And reports the same back with the recommendation that they each be adopted.
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. 4383, Awarding service revolver upon retirement to state fire marshal,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4383 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-32, relating to awarding service revolver upon retirement to a state fire marshal, a deputy fire marshal or an assistant fire marshal,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4383) to the Committee on the Judiciary was abrogated.
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. 4290, Relating to electronic commerce,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4290 - "A Bill to amend and reenact §12-3A-2 and §12-3A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-3A-7, all relating to electronic commerce; granting the Auditor and Treasurer the discretion to require certain electronic filing, with waivers and exceptions; and authorizing the use of electronic commerce in the sale or disposal of property,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4290) to the Committee on the Judiciary was abrogated.
Chairman Doyle, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills as examined, found truly enrolled and, on the 22nd day of February, 2008, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
Com. Sub. for H. B. 4327, Relating to charitable bingo and updating the maximum wage allowed to reflect changes in state minimum wage.
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. 4296, Relating to the rights of crime victims,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4296 - "A Bill to amend and reenact §53-4A-7 of the Code of West Virginia, 1931, as amended, relating to the rights of crime victims; requiring prosecutors to provide crime victims with notice of proceedings conducted in response to a post-conviction writ of habeas corpus; insuring that crime victims' rights of notice and participation have been afforded in conjunction with orders issued and proceedings directed as a part of any relief granted in response to a writ of habeas corpus; and requiring notice to the affected victim when petitioner is released as a result of an order of the court entered as a part of the relief granted by a post-conviction habeas petition, when otherwise required by law,"
H. B. 4438, Relating to air pollution control,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4438 - "A Bill to amend and reenact §22-5-1, §22-5-11 and §22-5-14 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-5-11a, all relating to air pollution control; allowing for the expedited review of complete permit applications for sources other than major sources; allowing all facilities with complete applications for permission to commence construction and which have received written permission from the secretary to construct an altered or expanded source provided that operations of the altered or expanded source do not commence until its permit or permit modification is issued; setting timelines for permitting actions; making other clarifications of the secretary's duties in minor source air permitting; requiring the promulgation of legislative rules; and requiring a legislative report,"
And,
H. B. 4690, Ensuring that homeowners are adequately informed of the nature of the licensed contractor's insurance coverage,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4690 - "A Bill to amend and reenact §21-11-10 of the Code of West Virginia, 1931, as amended, relating to disclosure by a contractor of a customer's option to acquire insurance covering the contractor's performance,"
With the recommendation that the committee substitutes 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. 4568, Requiring accident and sickness insurance providers and HMO's to cover the treatment of Lyme disease,
And,
H. B. 4644, Relating to the forfeiture of bail,
And reports the same back with the recommendation that they each do pass.
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Proudfoot, Hrutkay, Lane, Long, Sobonya, Burdiss, Azinger, Schadler, Tabb, Pino and Ellem:

H. B. 4708
- "A Bill to amend and reenact §62-1-5a of the Code of West Virginia, 1931, as amended, relating to authorizing use of citations in lieu of arrest warrants for certain offenses." On motions for leave, bills were introduced (Originating in the Committee on the Judiciary and reported with the recommendation that they each do pass, but that they first be referred to the Committee on Finance), which were read by their titles, as follows:
By Delegates Hrutkay, Proudfoot, Guthrie, Moore, Sobonya, Burdiss, Schadler, Miley, Tabb, Hamilton and Ellem:

H. B. 4709
- "A Bill to amend and reenact §31-20-10a of the code of West Virginia, 1931, as amended; all relating to allocation of costs for housing inmates who are transferred to the custody of the division of corrections,"
By Delegates Proudfoot, Guthrie, Lane, Long, Sobonya, Azinger, Schadler, Miley, Tabb and Ellem:

H. B. 4710 -
"A Bill to amend and reenact § 50-1-6a of the code of West Virginia, 1931, as amended, relating to providing that counties may petition for additional temporary magistrates to serve during off-hours; additional compensation for those magistrates,"
And,
H. B. 4711 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-22, relating to general findings and background regarding jail population and costs; requesting the Supreme Court of Appeals to study the feasibility, establishment, administration and effect of implementing state or region wide video magistrate arraignment upon county jail incarceration and jail costs; the effect of full time magistrate availability upon jail incarceration and jail costs; the creation and employment of quasi-judicial officers to serve as pre-trial presentation and bond officers in lieu of magistrates; the feasibility and effect of alternative sentencing upon incarceration rates and costs; identify best management practices for law enforcement and county administrators which effectively reduce incarceration rates and costs; and that the Supreme Court of Appeals report to the regular session of the Legislature, 2009, as to findings and any recommendations."
In the absence of objection, the bills (H. B. 4709, H. B. 4710 and H. B. 4711) were each referred to the Committee on Finance.
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. 4070, Changing the closing hours of private clubs to two o'clock a. m.,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4070 - "A Bill to amend and reenact §60-7-10 and §60-7-12 of the Code of West Virginia, 1931, as amended, relating to changing the closing hours of private clubs to two o'clock a.m.,"
H. B. 4466, Expanding the powers of the Office of Consumer Advocacy within the Office of the Insurance Commissioner,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4466 - "A Bill to amend and reenact §33-2-16 and §33-2-17 of the Code of West Virginia, 1931, as amended, relating to the Insurance Commissioner's Office of Consumer Advocacy; purpose; qualifications; and powers and duties,"
And,
H. B. 4619, Collaborative Family Law Proceedings,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4619 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-5A-101, §48-5A-102, §48-5A-103, §48-5A-104, §48-5A-105, §48-5A-106, §48-5A-107, §48-5A-108, §48-5A-109, §48-5A-110, §48-5A-111, §48-5A-112, §48-5A-113, §48-5A-114, §48-5A-115, §48-5A-116 and §48-5A-117, all relating to conducting certain family law proceedings under collaborative law procedures,"
With the recommendation that the committee substitutes 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. 4106, Allowing the Supreme Court of Appeals to establish a uniform bail schedule,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4106 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-21, relating to requesting the Supreme Court of Appeals to study the establishment, administration and effect of a uniform bail schedule, and that the Supreme Court of Appeals report to the regular session of the Legislature, 2009, as to findings and any recommendations,"
H. B. 4364, Amending various requirements for motor vehicle dealers,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4364 - "A Bill to amend and reenact §17A-6-1b, §17A-6-2a, §17A-6-4, §17A-6-7 and §17A-6-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-6E-2 of said code, all relating to motor vehicle dealers generally; allowing the Commissioner of the Division of Motor Vehicles to enter into agreements with other states to allow out-of-state dealers to issue vehicle registrations; expanding authority of dealer recovery fund control board to consider claims against the fund; increasing minimum bond requirement for certain dealers from ten thousand dollars to twenty-five thousand dollars; establishing minimum number of sales by a dealer prior to renewal of a dealer's license and opportunity for appeal; exempting salespersons employed by dealers selling commercial vehicles, financial institutions and auctions from the requirement to obtain a salesperson license; requirements for issuing temporary registration plates; and authorizing the commissioner to require participation in an electronic temporary plates or markers program as a precondition for issuance of temporary plates,"
And,
H. B. 4418, Establishing a statewide reporting system for hospitals to report their infection rates,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4418 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-17, relating to healthcare-associated infection reporting; establishing an advisory panel; establishing panel responsibilities; establishing limitations on use of information; establishing that all hospitals shall report; establishing that the Health Care Authority will make the data available to the public and to Bureau of Public Health; providing an implementation date for hospital reporting; and penalties,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4027, Transferring administration of the donated food program from the Department of Agriculture to the Department of Military Affairs and Public Safety,
H. B. 4525, Placing the Weatherization Program under the control of the Division of Energy,
H. B. 4618, Viatical Settlements Act,
H. B. 4669, Creating multi-year hunting, fishing and trapping licenses,
H. B. 4670, Authorizing the Public Employees Insurance Agency to charge interest to employers on amounts not paid on time,
H. B. 4676, Continuing the permissible appropriation of Public Employees Insurance Reserve Fund moneys to the bureau for medical services,
And,
H. B. 4684, Amending the West Virginia Film Industry Investment Act,
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. 3201, Authorizing the tax commissioner to refuse, revoke, suspend or refuse to renew a business registration certificate for a business that is the alter ego, nominee or instrumentality of a business in certain situations,
And,
H. B. 4394, Restoring the licensure exemption for certain contractors of manufactured housing installation,
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. 4144, Relating to physician assistants and updating language to conform to national changes,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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,"
With the recommendation that the committee substitute do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4477, Relating to payment of GED exam fees,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4567, Attracting private investment for the financing, construction and operation of additional lodging units at Stonewall Jackson Lake State Park,
And reports the same back, with amendment, with the recommendation that it do pass.
On motion for leave, a resolution was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Morgan, Martin, Eldridge and Schoen:
H. C. R. 73 - "Requesting that the Joint Committee on Government and Finance authorize a study of the structure and organization of the West Virginia Racing Commission, Athletic Commission and Lottery."
Whereas, The gaming industry in West Virginia is regulated by several agencies which can result in duplication, conflicting state policies and lack of efficiency; and
Whereas, The gaming industry could be better regulated through a single point of control; and
Whereas, H. B. 4651 was introduced to reorganize the regulation of the gaming industry; and
Whereas,, The Legislature is committed to devoting sufficient time and attention to reorganizing the regulation of the gaming industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the structure and organization of the West Virginia Racing Commission, Athletic Commission and Lottery Commission; 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 Legislative 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.
The Speaker referred the resolution (H. C. R. 73) to the Committee on Rules.
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. 4677, Reducing the requirement that the Director of Personnel must have five years experience in personnel management,
And reports the same back with the recommendation that it do pass.
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. 4593, Exempting persons with a masters or a doctorate degree in marriage or family therapy from being licensed,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4593 - "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,"
With the recommendation that the committee substitute do pass.
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. 4665, Herbert Henderson Office of Minority Affairs,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4665 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1, §5-26-2, §5-26-3, §5-26-4, §5-26-5 and §5-26-6, all relating to the creation of the Herbert Henderson Office of Minority Affairs as a cabinet in the Governor's office; providing legislative findings and purpose; establishing the cabinet; creating a citizen's advisory council; providing for powers and duties of cabinet; and creating a Minority Affairs Fund."
With the recommendation that the committee substitute do pass.
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. 4664, Clarifying the purpose of the Purchasing Division,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4664 - "A Bill to repeal §5A-3-27 and §5A-3-37 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-3-1, §5A-3-11, §5A-3-11a, §5A-3-12, §5A-3-37a and §5A-3-45 of said code; all relating to the Purchasing Division of the Department of Administration; omitting antiquated language; revising specifications on which bids shall be based; removing requirement that all bids exceed available funds before Director may negotiate; requiring city and state of residence and business addresses for vendors; adding preferences for veterans, small businesses, minority owned businesses and vendors who use parts or commodities manufactured in West Virginia; allowing political subdivisions of the state to extend preferences; requiring Secretary of Revenue to promulgate rules; and allowing the state agency for surplus property to sell commodities to the public,"
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. 4307, Relating to bona fide residents wholly or solely owning greyhounds,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4307 - "A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to bona fide residents wholly or solely owning greyhounds; training of track facilities; increasing the amount from the Breeder Development Fund that can be used for construction and maintenance of two training track facilities; not requiring anyone to be a member of an association in order to participate in the Breeder Development Fund; providing for distribution of one half points to West Virginia whelped greyhounds finishing in places fifth through eighth; and requiring up to three races featuring West Virginia bred dogs per race card,"
And,
H. B. 4396, Relating to retention and destruction of health care records,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4396 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-29-3, relating to retention and destruction of health care records by physicians, osteopaths and dentists,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4037, Reducing state income tax liability for certain retired public employees,
And reports back a committee substitute therefor, with new title, as follows:
Com. Sub. for H. B. 4037 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to reducing state income tax liability for certain retired public employees; increasing the amount of retirement income received from certain state and federal retirement systems that is excluded from the calculation of income subject to state personal income taxes; and establishing an effective date for the increased exclusion,
H. B. 4088, Allowing farm equipment dealers to calculate their inventory based on an average of their yearly sales,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4088 - "A Bill to amend and reenact §11-6C-1, §11-6C-2, §11-6C-3, §11-6C-4 and §11-6C-5 of the Code of West Virginia, 1931, as amended, all relating to a change in the calculation of farm equipment dealers inventory to an average monthly basis rather than the inventory as of the first day of July,"
H. B. 4094, Relating to reimbursement of compensation paid to certain state employees for job-related training, education or professional development,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4094 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §6C-4-1, §6C-4-2 and §6C-4-3, all relating to reimbursement of compensation paid to certain state employees for training, education and professional development; and requiring division of personnel propose rules for legislative approval,"
H. B. 4117, Expanding eligibility for state minimum salary supplements for classroom teachers achieving certain national certification,
And reports back a committee substitute therefor, with new title, as follows:
Com. Sub. for H. B. 4117 - "A Bill to amend and reenact §18A-4-2b of the Code of West Virginia, 1931, as amended, relating to providing the state minimum salary supplement and the reimbursement of educational expenses to school psychologists and school nurses for achieving certain national certifications; increasing the number of certificate holders who are eligible for the supplements and reimbursements each year; and requiring State Board of Education rule,"
H. B. 4507, West Virginia Military Authority Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4507 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-1I-1, §15-1I-2, §15-1I-3, §15-1I-4 and §15-1I-5, all relating to the West Virginia Military Authority Act; authorizing the Authority to administer programs and receive funds; and giving the Authority certain powers and duties,"
H. B. 4527, Allowing county commissions to regulate subdivisions and land development without adopting a plan,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4527 - "A Bill to amend and reenact §8A-4-1 and §8A-4-2 of the Code of West Virginia, 1931, as amended, all relating to allowing county commissions to regulate subdivisions and land development without adopting a comprehensive plan,"
H. B. 4588, Relating to public school support,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4588 - "A Bill to repeal §18-9A-5a, §18-9A-5b, §18-9A-10a and §18-9A-22 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-1-1 of said code; to amend and reenact §18-9A-2, §18-9A-3a, §18-9A-4, §18-9A-5, §18-9A-6, §18-9A-7, §18-9A-8, §18-9A-9, §18-9A-10 and §18-9A-21 of said code; and to amend and reenact §18-20-5 of said code all relating to public school support; defining terms; eliminating adjusted enrollment and certain waiver provisions; eliminating obsolete provisions; providing alternate computation of county and total basic foundation program funding for certain years; limiting basis of foundation allowances for personnel to ceratin ratios of net student enrollment instead of adjusted enrollment; establishing different net enrollment limits on the basis of differences in students per square mile and expiring existing ratios and funding provisions; providing for certain adjustments to net enrollment for allowances in low enrollment counties; establishing minimum ratios of professional instructional personnel per students in net enrollment; establishing student density categories for determining allowance for transportation; modifying incentive for alternative fuel use and allowance for transporting students to certain multi-county centers; removing obsolete provisions for certain competitive bidding; deleting allowance for administrative costs; providing foundation allowance for professional student support personnel, including fixed charges; revising calculation of allowance for current expense; including professional student support personnel costs in determining professional substitute allowance; placing funding supplement for advanced placement and dual credit enrollment in allowance to improve instructional programs; repealing provisions for certain additional nursing positions; providing enrollment basis for alternative program funding and adding prevention programs; expiring certain provisions for funding for economies of scale in certain counties; requiring annual review and report by state superintendent on exceptional student services and accounting of services and costs; and authorizing appropriation for distribution upon application to support exceptional student services that exceed county capacity from funds available,"
And,
H. B. 4637, Relating to the deployment of broadband to the remaining unserved areas of the state,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4637 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-15C-1, §31-15C-2, §31-15C-3, §31-15C-4, §31-15C- 5, §31-15C-6, §31-15C-7, §31-15C-8, §31-15C-9, §31-15C-10, §31-15C-11, §31-15C-12 and §31- 15C-13, all relating to the deployment of broadband to the remaining unserved areas of the state; setting forth legislative findings and purpose; providing definitions; establishing the Broadband Deployment Council and its powers, duties and responsibilities; creating the Broadband Development Fund; categorizing areas of the state according to broadband access; authorizing retention of outside expert consultant to assist in categorization and other functions; providing for stimulation of demand through public outreach and education; providing funding guidelines; authorizing emergency rule-making authority; establishing project requirements and applications; requiring public notice; limiting liability; protecting confidentiality of trade secrets and proprietary business information; providing criminal penalties; and providing for expiration of the council,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4022, Creating the Indigent Defense Commission to assist Public Defender Services,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4022 - "A Bill to amend and reenact §29-21-13a of said code, relating to compensation and expenses of panel attorneys providing public defender services,
H. B. 4076, Relating to the compensation and expenses of legislators,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4076 - "A Bill
to amend and reenact §4-2A-2, §4-2A-4 §4-2A-6 and §4-2A-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-5-2 of said code, all relating to providing employment benefits to public officials generally; increasing per diem expense allowance for members of the Legislature; certain additional compensations for certain members of the Legislature; and increasing the annual incremental salary increase for certain eligible employees of the state,"
H. B. 4471, Making certain changes to the West Virginia State Police Retirement System,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4471 - "A Bill to amend and reenact §15-2A-5, §15-2A-6 and §15-2A-9 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia State Police Retirement System; increasing the member and state contributions to the system for a ten year period; and reducing the normal retirement age for member,"
H. B. 4534, Permitting a five hundred dollar credit against personal income tax for the purchase of new wood and pellet stoves,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4534 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to allowing a credit against state personal income tax for the purchase of new wood or pellet stove; and establishing the qualifying performance criteria for those stoves,"
H. B. 4616, Relating to health reimbursement accounts for local government employees,
And reports back a committee substitute therefor, with new title, as follows:
Com. Sub. for H. B. 4616 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-28, relating to development of pilot programs by the Director of the Public Employees Insurance Agency,"
H. B. 4624, Providing per diem pay and mileage for volunteers who drive veterans to hospitals,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4624 - "A Bill to amend and reenact §9A-1-5 of the Code of West Virginia, 1931, as amended, relating to providing an expense per diem for volunteers who drive veterans to hospitals,"
H. B. 4692, Permitting depositories of state, county, municipal and other public moneys to pool securities,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4692 - "A Bill to amend and reenact §12-1-4 and §12-1-5 of the Code of West Virginia, 1931, as amended, all relating to giving depositories of state moneys authority to place deposits of those moneys in certificates of deposit which meet certain requirements in lieu of providing a bond or security; and permitting depositories of state moneys to insure such deposits in excess of the amount insured by an agency of the federal government with a deposit guaranty bond issued by a bankers surety company,"
With the recommendation that the committee substitutes each do pass.
On motion for leave, a resolution was introduced (Originating in the Committee on Finance and reported with the recommendation that it be adopted), which was read by its title as follows:
By Delegates White, Boggs, Campbell, Barker, Craig, Doyle, Iaquinta, Klempa, Kominar, Manchin, Marshall, Perdue, M. Poling, Reynolds, Spencer, Stalnaker, Tucker, Yost, Anderson, Ashley, Blair, Border, Carmichael, Evans and Walters:

H. C. R. 72 - "Requesting the Joint Committee on Government and Finance study existing autism services in this state and what need, if any, exists for additional or enhanced services; to study the appropriate approach of the state in the provision of these services when considering the funding or not funding on the persons affected, the state fisc, and any affected industries."
Whereas, According to the Center for Disease Control and Prevention, autism occurs in one in every one hundred fifty births nationally. Moreover, one to one and one-half million Americans are currently afflicted with autism; and
Whereas, Autism is the fastest growing developmental disability in the United States; and
Whereas, The national cost for diagnosis, treatment and intervention services related to autism annually reaches ninety billion dollars; and
Whereas, Ninety percent of the costs associated with the diagnosis and treatment of autism are for adult services; and
Whereas, The cost of lifelong care for individuals afflicted with autism can be reduced by two-thirds with early diagnosis and intervention;
Whereas, Some services are offered in West Virginia by various state and federal agencies for the diagnosis and treatment of autism;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study existing autism services in this state and what need, if any, exists for additional or enhanced services; to study the appropriate approach of the state in the provision of these services when considering the funding or not funding on the persons affected, the state fisc, and any affected industries; and to study the extent to which insurance coverage is available for these services; 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.
The Speaker referred the resolution (H. C. R. 72) to the Committee on Rules.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
On motion for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates White, Boggs, Kominar, M. Poling, Iaquinta, Perdue, Klempa, Marshall, Ashley, Border and Carmichael:

H. B. 4712 - "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to the Department of Transportation - Division of Motor Vehicles, fund 8787, fiscal year 2008, organization 0802, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand eight,"
By Delegates White, Boggs, M. Poling, Campbell, Klempa, Iaquinta, Stalnaker and Border:

H. B. 4713
- "A Bill expiring funds to the balance of the Department of Health and Human Resources, West Virginia Health Care Authority - West Virginia Health Information Network Account, fund 5380, fiscal year 2008, organization 0507, for the fiscal year ending the thirtieth day of June, two thousand eight, in the amount of three million five hundred thousand dollars from the Board of Risk and Insurance Management - Premium Tax Savings Fund, fund 2367, fiscal year 2008, organization 0218,"
By Delegates White, Boggs, Barker, Campbell, Klempa, Manchin, Marshall, Tucker, Yost, Blair and Evans

H. B. 4714
- "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to the Department of Commerce - Division of Labor - Crane Operator Certification Fund, fund 3191, fiscal year 2008, organization 0308, to the Department of Commerce - Miners' Health, Safety and Training Fund, fund 3355, fiscal year 2008, organization 0314, to the Department of Education and the Arts - State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center - Special Account, fund 8664, fiscal year 2008, organization 0932, and to the Department of Military Affairs and Public Safety - Fire Commission - Fire Marshal Fees, fund 6152, fiscal year 2008, organization 0619, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight."
At the respective requests of Delegate DeLong, and by unanimous consent, the bills (Com. Sub. for H. B. 4383, Com. Sub. for H. B.4290, Com. Sub. for H. B.4296, Com. Sub. for H. B.4438, Com. Sub. for H. B.4690, H. B. 4568, H. B. 4644, H. B. 4708, Com. Sub. for H. B.4070, Com. Sub. for H. B.4466, Com. Sub. for H. B.4619, Com. Sub. for H. B.4106, Com. Sub. for H. B.4364, Com. Sub. for H. B.4418, H. B. 4027, H. B. 4525, H. B. 4618, H. B. 4669, H. B. 4670, H. B. 4676, H. B. 4684, H. B. 3201, H. B. 4394, Com. Sub. for H. B. 4144, H. B. 4477, H. B. 4567, H. B. 4677, Com. Sub. for H. B. 4593, Com. Sub. for H. B. 4665, Com. Sub. for H. B.4664, Com. Sub. for H. B. 4307, Com. Sub. for H. B.4396, Com. Sub. for H. B. 4037, Com. Sub. for H. B. 4088, Com. Sub. for H. B. 4094, Com. Sub. for H. B. 4117, Com. Sub. for H. B. 4507, Com. Sub. for H. B.4527, Com. Sub. for H. B. 4588, Com. Sub. for H. B. 4637, Com. Sub. for H. B. 4022, Com. Sub. for H. B. 4076, Com. Sub. for H. B. 4471, Com. Sub. for H. B. 4534, Com. Sub. for H. B. 4616, Com. Sub. for H. B. 4624, Com. Sub. for H. B. 4692, H. B. 4712, H. B. 4713 and H. B. 4714) were each taken up for immediate consideration, read a first time and then ordered to second reading.
Reports from Select Committees

On motion for leave, a resolution was introduced (Originating in the Select Committee on Senior Citizens Issues and reported with the recommendation that it be adopted,) which was read by its title, as follows:
By Mr. Speaker, Mr. Thompson, and Delegates Campbell, Perdue, Boggs, Proudfoot, Fragale, Pino, Hatfield, Spencer, Poling D., Stephens, Pethtel, Fleischauer, Manchin, Moye, Wysong, Evans, Azinger, Hamilton and Rowan:

H. C. R. 69 - "Urging the United States Congress to provide adequate funding for the Older

Americans Act for support services and meal programs for West Virginia seniors and reject any budget that would not keep senior programs funded to at least the rate of inflation."
Whereas, Transportation and meal services are vital to maintaining independence. Senior citizens require services to fulfill many needs, such as transportation to medical appointments and maintaining regular and suitable nutrition. Having a means of readily available transportation and meals helps alleviate the stress and anxiety seniors go through, thus allowing them to live a more independent and relaxed lifestyle; and
Whereas, West Virginia Senior Centers offer these essential services to seniors through the Older Americans Act of 1965, which provides vital funding in approving the quality of life to our over 60 population; and
Whereas, During FY 2005-2006, services have been provided by Senior Centers throughout West Virginia to 29,679 seniors, with 2,317,639 meals served to qualified individuals; and
Whereas, Since 1994, federal funding has increased marginally (2.7% cumulatively) for West Virginia supportive services which provides necessary transportation services to seniors throughout the State; and
Whereas, Federal funding for congregate and home delivered meals programs has increased only 12.9% cumulatively to provide nutritional meals to seniors; and
Whereas, The national inflation rate during this fourteen year time frame has increased to 34.4%, thus jeopardizing the continuation of these programs; and
Whereas, Due to this inflation, the increase in expenses (food supplies, utilities, fuel, etc.) and insufficient federal funding, senior centers are experiencing great difficulty in obtaining additional funds in order for these services to continue; and
Whereas, Federally, the FY 2009 request of $1.381 million is a decrease of $32 million from current funding for FY 2008 for the Older American's Act. The President's budget request provides level-funding, which is in fact a cut, for important programs such as congregate and home- delivered meals supportive services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress to provide adequate funding for the Older Americans Act for supportive services and meal programs and reject any budget that would not keep senior programs funded to at least the rate of inflation; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Members of the West Virginia delegation to the United States Congress.
The Speaker referred the resolution (H. C. R. 69) to the Committee on Rules.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 265 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6H-1, §11-6H-2, §11-6H-3, §11-6H-4, §11-6H-4a, §11-6H-5, §11-6H-5a, §11-6H-6 and §11-6H-7, all relating to the method of valuation of certain aircraft; providing definitions; providing methodology for valuation of certain aircraft; stating that the initial determination of valuation is to be made by the county assessor; providing for an initial determination by the Board of Public Works for certain aircraft; authorizing the protest and appeal of the assessor's decision; providing for an appeal to the Board of Public Works; requiring an economic report on the economic benefit of the valuation methodology; and providing an effective date"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 462 - "A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended, all relating to raising the age of consent that a minor may refuse mental health treatment from twelve to eighteen; and clarifying that the state not be obligated to pay for voluntary hospitalization"; which was referred to the Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 474 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9j, relating to providing a limited annual exemption from the consumers sales and service tax for purchases of eligible specified exempt Energy Star qualified products; specifying time period for exemption; and specifying definition"; which was referred to the Committee on Finance
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 595
- "A Bill to repeal §18B-1-1, §18B-1-1b and §18B-1-1c of the Code of West Virginia, 1931, as amended; to repeal §18B-1A-1 and §18B-1A-2 of said code; to repeal §18B-1B-8 and §18B-1B-9 of said code; to repeal §18B-3B-1 and §18B-3B-2 of said code; to repeal §18B-11-5 of said code; to amend and reenact §18-1-4 of said code; to amend and reenact §18B-1-1a of said code; to amend said code by adding thereto a new article, designated §18B-1D-1, §18B-1D-2, §18B-1D-3, §18B-1D-4, §18B-1D-5, §18B-1D-6, §18B-1D-7 and §18B-1D-8; and to amend said code by adding thereto a new section, designated §18B-14-9, all relating to education generally; establishing Vision 2020: An Education Blueprint for Two Thousand Twenty; requiring State Board of Education rule that includes goals, objectives, strategies, indicators and benchmarks; specifying certain public education goals and objectives; providing legislative findings, intent and purposes; establishing goals for public higher education; creating education partnership to achieve state goals and objectives; establishing elements of higher education accountability system; requiring Higher Education Policy Commission and Council for Community and Technical College Education to propose rules by certain date; defining terms; specifying objectives and priorities; establishing date to achieve certain objectives and priorities; defining responsibilities of Higher Education Policy Commission, Council for Community and Technical College Education and state institutions of higher education relative to accountability system; requiring system master plans, state compacts, institutional compacts and institutional and system report cards; establishing submission, approval, review and reporting requirements; authorizing implementation plans; assigning geographic areas of responsibility; specifying that certain reports are no longer required to be prepared annually except under certain conditions; providing for committee to examine higher education facility needs; specifying membership; and requiring recommendations to Legislative Oversight Commission on Education Accountability by certain date"; which was referred to the Committee on Education then Finance.
Special Calendar

Third Reading

The following bills on third reading, coming up in regular order, were, on motion of Delegate DeLong, laid over one day:
Com. Sub. for H. B. 2739, Providing veterans' death certificates to families and funeral directors at no cost,
Com. Sub. for H. B. 2881, Providing that antique motor vehicles may be used for occasional recreational driving,
Com. Sub. for H. B. 3188, Creating a means by which effectiveness of economic development incentives can be measured,
Com. Sub. for H. B. 4023, Provide for the denial or suspension of a driver's license for any student who withdraws from school or fails to receive passing grades,
Com. Sub. for H. B. 4074, Creating an Office for Oral Health under the Bureau for Public Health and authorizing a full time director,
Com. Sub. for H. B. 4121, Authorizing the participation of local governments in a purchasing card program to be administered by the Auditor,
Com. Sub. for H. B. 4156, Permitting a governing body of a municipality to place a lien on property in an amount equal to the demolition and removal of a hazardous structure,
Com. Sub. for H. B. 4244, Authorizing the Department of Transportation to promulgate legislative rules; on third reading, coming up in regular order,
H. B. 4314, Paying for veterans' grave markers where the U. S. government has denied the application of the veteran,
H. B. 4341, Relating to payment of National Board for Professional Teaching Standards salary bonus,
Com. Sub. for H. B. 4355, Allowing Hatfield-McCoy Regional Recreation Authority to retain civil penalties imposed for violation of authority rules,
Com. Sub. for H. B. 4357, Extending the Neighborhood Investment Program Act and eligibility for tax credits under the act,
Com. Sub. for H. B. 4368, Reducing acts of student violence and disruptive behavior and increasing penalties for chronically disruptive students,
Com. Sub. for H. B. 4384, Expanding the number of members of boards of zoning appeal from five to seven,
Com. Sub. for H. B. 4420, Imposing corporate net income tax on certain regulated investment companies and real estate investment trusts used as tax sheltering vehicles,
Com. Sub. for H. B. 4434, Establishing a higher education energy and water savings revolving loan fund,
H. B. 4449, Allowing the Higher Education Policy Commission and WV Council for Community and Technical College Education to enter into lease-purchase agreements,
H. B. 4482, Allowing payments from the Parkways Authority to the Hatfield-McCoy Regional Recreational Authority to continue past the nine-year limitation,
Com. Sub. for H. B. 4495, Limiting the use of the titles registered nurse, nurse practitioner, and nurse to certain qualified individuals,
H. B. 4557, Relating to continuing education for insurance producers,
Com. Sub. for H. B. 4613, Increasing protection to beneficiaries of structured settlements as they relate to settlement transfers,
And,
Com. Sub. for H. B. 4617, Allowing e-notification by using e-certified cards for verification of certified mail acceptance to the court of origin for service of process.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 4132, Prohibiting employers from mandated captive meetings with their employees on political or religious matters and providing civil remedy for violations,
Com. Sub. for H. B. 4206, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,
Com. Sub. for H. B. 4209, Authorizing the Department of Administration to promulgate legislative rules,
H. B. 4308, Exempting from the nursing licensing provisions the care of the sick when done in connection with the practice of religious tenets of any church or religious organization,
And,
Com. Sub. for H. B. 4404, Discount Medical Plan Organizations and Discount Prescription Drug Plan Organizations Act.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2039, Prohibiting mandatory arbitration clauses in consumer loan agreements by regulated consumer lenders in the state,
Com. Sub. for H. B. 2967, Creating the "West Virginia Remembers Program",
Com. Sub. for H. B. 3065, Relating to making false reports of child abuse, sexual abuse and domestic violence,
Com. Sub. for H. B. 3204, Authorizing a county to hire a blasting enforcement officer,
Com. Sub. for H. B. 4001, Providing certain county commissions with authority to regulate the location of businesses selling sexually-oriented materials ,
Com. Sub. for H. B. 4041, Relating to the regulation and treatment of the production of natural gas and coalbed methane,
Com. Sub. for H. B. 4079, Relating to Professional Employer Organizations,
Com. Sub. for H. B. 4082, Relating to the Public Employees Retirement System,
Com. Sub. for H. B. 4126, Prohibiting the Commissioner of Culture and History from merging the archives library and the lending library,
H. B. 4134, Prohibiting the sale of less than twenty packaged cigarettes,
Com. Sub. for H. B. 4255, Authorizing the Department of Commerce to promulgate legislative rules,
Com. Sub. for H. B. 4304, Revised Anatomical Gift Act,
Com. Sub. for H. B. 4381, Relating to an assigned risk plan and guaranty association account for workers' compensation insurance,
Com. Sub. for H. B. 4386, Authorizing municipalities to create a semiannual vacant property registration,
Com. Sub. for H. B. 4402, Relating to compulsive gambling,
H. B. 4406, Relating to state board standards for the recommended duration of school bus transportation times for students to and from school,
Com. Sub. for H. B. 4421, Repealing the corporate license tax, and creating corporate license tax replacement fees,
Com. Sub. for H. B. 4433, Increasing the maximum amount of a medical student loan that may be cancelled,
H. B. 4445, Relating to definitions under the Medical Professional Liability Act,
Com. Sub. for H. B. 4472, Requiring a board of education to wait ten days before posting a new job opening following the death of an employee,
Com. Sub. for H. B. 4474, Relating to registered nurses required in operating rooms,
Com. Sub. for H. B. 4476, Public-Private Transportation Facilities Act,
Com. Sub. for H. B. 4484, Relating to the criminal offense of stalking,
Com. Sub. for H. B. 4494, Relating to the regulation of the practice of accountancy,
Com. Sub. for H. B. 4511, Relating to zoning ordinance adoption by election or otherwise,
Com. Sub. for H. B. 4554, Testing school bus operators every other year,
Com. Sub. for H. B. 4570, Authorizing regional jail employees to carry a firearm after receiving appropriate certification,
Com. Sub. for H. B. 4607, Relating to special district excise tax authorization,
H. B. 4608, Relating to a study and investigation on issues in connection with creating a pilot program for child day care centers operated by the state,
H. B. 4611, Updating safety rules and regulations pertaining to walkways along railtracks,
H. B. 4623, Relating to establishing minimum deductions,
And,
H. B. 4628, Providing a tax credit for new job creation by certain taxpayers.
At 7:01 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 25, 2008.