hdj2008-02-29-52

__________*__________

Friday, February 29, 2008
FIFTY-SECOND 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, February 28, 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 House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing resolutions.
Resolutions Introduced
Delegates Moye, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Blair, Boggs, Border, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fragale, Gall, Guthrie, Hamilton, Hatfield, Higgins, Hrutkay, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Manchin, Marshall, Martin, Michael, Miley, J. Miller, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Shaver, Sobonya, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Webster, Wells, White, Williams and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 78 - "Requesting the Joint Committee on Government and Finance study the regulation of and tax consequences from illegal immigration in West Virginia."
Whereas, Illegal immigration has been increasing steadily in West Virginia; and
Whereas, The increase in illegal immigration has caused diverse problems both economic and otherwise; and
Whereas, It is in the best interests of the citizens of West Virginia that a clear picture of the tax consequences of the increase in illegal immigration upon the citizens of the state be fully recognized; and
Whereas, It is imperative that West Virginia develop clear regulations for illegal immigration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study illegal immigration and its tax consequences upon the State of West Virginia, and develop a plan for regulation of illegal immigration within this state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation to be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Webster, Hatfield, Guthrie, Brown, Palumbo, Spencer, Wells, Andes, Argento, Azinger, Burdiss, Crosier, Doyle, Ellem, Ennis, Fleischauer, Gall, Hutchins, Iaquinta, Kessler, Klempa, Kominar, Longstreth, Manchin, Marshall, Michael, Miller, Moore, Purdue, Perry, Pino, D. Poling, Proudfoot, Shook, Staggers, Stemple, Stephens, Swartzmiller, Talbott, Varner, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 79 - "Requesting the Joint Committee on Government and Finance study the feasibility of election day registration in and for the State of West Virginia."
Whereas, Democracy is served best when the highest possible number of citizens participate; and
Whereas, In West Virginia, election turnout lags behind the country. In the 2004 presidential elections, the national turnout average was 60.3% where the turnout in West Virginia was only 53.25%; and
Whereas, Voter rates among young people are particularly disheartening; and
Whereas, Currently in West Virginia, voter registration applications must be postmarked twenty-one days before election day; and
Whereas, At the same time, the greatest share of news attention to elections occurs in the week before the election itself, after the deadline for voter registration has passed; and
Whereas, There is no evidence that the act of registering to vote in advance has any correlation to level of political knowledge or interest; and
Whereas, Currently there are nine states that have some form of election day or same day voter registration. Those states include states that are largely rural such as Maine, Idaho and Iowa, as well as states with a mix of rural and urban populations, such as Minnesota and Wisconsin; and
Whereas, The states of Maine, Wisconsin and Minnesota have had election day registration since the 1970s, while Iowa and North Carolina passed their measures in 2007; and
Whereas, Election day registration is a reform that has shown to have a positive impact on election turnout, especially among young people; and
Whereas, States that permit election day registration states consistently boast higher turnout than non-election day registration states. In the 2004 Presidential race, election day registration states had an average turnout twelve percentage points higher than the average turnout for non- election day registration states; and
Whereas, While that full increase cannot likely be attributed to election day registration alone, research shows that at least three to six percentage points of the increase is directly related to election day registration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study the feasability of election day registration and its potential impact on elections and on voter turnout in the state of West Virginia. 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 the legislative appropriations to the Joint Committee on Government and Finance.
Delegates Higgins, Argento, Beach, Brown, Caputo, Craig, DeLong, Duke, Eldridge, Ellis, Ennis, Fleischauer, Fragale, Frederick, Guthrie, Hatfield, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa, Long, Longstreth, Manchin, Marshall, Martin, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Palumbo, Paxton, Perdue, Pethtel, D. Poling, Porter, Reynolds, Rodighiero, Shook, Sobonya, Spencer, Staggers, Stephens, Sumner, Swartzmiller, Tabb, Varner, Webster, Wells, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 83 - "Requesting that the Joint Committee on Government and Finance authorize the study of meeting and conference rights for members of fire departments employed by political subdivisions."
Whereas, "Meet and confer" practices are interest-based negotiations in which neither the employer nor the employee is mandated to meet or come to an agreement; and
Whereas, Municipalities around the country have accepted the practice of "meet and confer" so that employees may negotiate and reach agreements with their employers on issues concerning wages, hours, benefits and other terms and conditions of employment; and
Whereas, The fair and equitable treatment of all fire department employees in West Virginia is essential to the effective operation of local governments and the promotion of better morale and efficiency among these emergency responders; and
Whereas, The effectiveness and efficiencies of municipalities are improved by a constructive and cooperative working relationship between a local government and its employees; and
Whereas, It is important to study whether a "meet and confer" practice improves the present system of communication between a local government and its emergency responders and is necessary for matters pertaining to wages, hours, benefits and other terms and conditions of employment; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study meeting and conference rights for members of fire departments employed by political subdivisions; 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 draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Caputo, Spencer, Hatfield, Reynolds, Hrutkay, Eldridge, Ellis, Shook, Pino, White, Beach, DeLong, Fleischauer, Marshall, Perdue, Proudfoot, Talbott, Moore, Yost, Hutchins, Tucker, Klempa, Boggs, Brown, Doyle, Fragale, Gall, Guthrie, Hartman, Higgins, Kominar, Longstreth, Manchin, Michael, Morgan, Moye, Perry, Pethtel, M. Poling, Rodighiero, Staggers, Stephens, Swartzmiller, Tabb, Varner, Webster, Wells and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 30 - "Supporting the establishment of the History and Culture Institute of Mining in the State of West Virginia."
Whereas, The contribution of mining has played an incalculably positive part in the development of world civilization, more than is often recognized by the average citizen; and
Whereas, Mining began with Paleolithic people, perhaps 300,000 years ago, during the Stone Age, when flint implements were sought for agricultural and construction purposes; and
Whereas, Mining is one of the earliest of human enterprises. Its development correlates closely with cultural progress. For example, the cultural ages of people are associated with minerals or their derivatives, such as the Bronze Age, etc.; and
Whereas, The chronological development of mining technology bears an important relation to the history of civilization; and
Whereas, Mineral industry products permeate the lives of all members of our modern industrialized society; and
Whereas, Mined materials are needed to construct roads and hospitals, to build automobiles and houses, to make computers and satellites, to generate electricity, and to provide countless other goods and services that consumers require and enjoy; and
Whereas, Given the dynamic history, culture and heritage of the mining industry in West Virginia, it would be particularly fitting that the History and Culture Institute of Mining be located in the State of West Virginia; therefore, be it
Resolved by the House of Delegates:
That the establishment of the History and Culture Institute of Mining in the State of West Virginia is hereby encouraged and supported; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the History and Culture Institute of Mining.
Delegates Hamilton, DeLong, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Blair, Border, Brown, Browning, Burdiss, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Ellis, Evans, Fleischauer, Fragale, Frederick, Guthrie, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Kominar, Lane, Longstreth, Manchin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook, Sobonya, Spencer, Staggers, Stalnaker, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Mr. Speaker, Mr. Thompson, Tucker, Varner, Walters, Wells, Williams, Wysong and Yost offered the following resolution, which was read by the Clerk, as follows:
H. R. 31 - "Commemorating the life of Dale Flint Riggs, gentleman, businessman, and former member of the House of Delegates from Upshur County."
Whereas, Dale Flint Riggs was born on December 28, 1929, at St. Marys, West Virginia, a son of the late William Porter and Rhoda Ann Flint Riggs; and
Whereas, On June 23, 1953, Dale married the former Carolyn Rosalie Lantz, who preceded him in death, and together they had five children; and
Whereas, Dale was the owner and operator of Galloway Coal Company and Ann Lorentz Coal Tipple and was involved with various oil and gas companies. He was also a charter member of the Progressive Bank NA and had served as chairman and director for the bank; and
Whereas, Dale was an avid West Virginia University Mountaineers fan, having started the first West Virginia University Mountaineer Club in Upshur County; and
Whereas, In 1988, Dale was elected to the House of Delegates where he served the citizens of Upshur County with honor and distinction for six consecutive terms. Dale deeply cared for the Legislature and the legislative process, and he diligently worked with other members regardless of political affiliation to solve the problems confronting our State; and
Whereas, In addition to his public service, Dale dedicated much time to various causes and was a member of numerous organizations, including the Buckhannon Moose Lodge #598, Elks BPOE 1736, the Buckhannon Chamber of Commerce, and the Region 7 Aging Service Board of Directors. He was also a member of the Upshur County Humane Society and donated the land and building for its animal shelter; and
Whereas, Dale's service and commitment to his community were recognized with numerous awards including being named the Upshur County Citizen of the Year by the Buckhannon Chamber of Commerce and Republican of the Year by the Upshur County Republican Executive Committee. He was also presented the Strawberry Spirit Award by the West Virginia Strawberry Association; and
Whereas, Dale departed his earthly life on July 30, 2007, at the age of seventy-seven, and his passing should not go unnoticed by this body; therefore, be it
Resolved by the House of Delegates:
That regret is hereby expressed by the members of the House of Delegates at the death of Dale Flint Riggs, gentleman, businessman and former member of the House of Delegates from Upshur County; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to his children, Mark Riggs, Gregory Dale Riggs, Susan Riggs Arey, Jane Riggs, and Robyn Riggs Simons.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 31) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 243), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Doyle, Ennis, Fragale, Frederick, Schoen, Swartzmiller and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 31) adopted.
Delegates Eldridge, Hrutkay, Ellis and Rodighiero offered the following resolution, which was read by the Clerk, as follows:
H. C. R. 32 - "Commemorating the passing of Tom 'Rose' Tomblin, gentleman, businessman, public servant, volunteer and a great asset to his county and state."
Whereas, Tom "Rose" Tomblin was an outstanding citizen of West Virginia, working through both high school and college and graduating from Logan High School and Marshall University having earned a degree in accounting; and
Whereas, Following his education, Mr. Tomblin chose multiple rewarding careers as an accountant, President of McCallister & Herman Insurance Agency and owner of two businesses, the Logan and Chapmanville Dairy Delights and Electronic Laboratories; and
Whereas, He served his county with distinction as Logan County Clerk for 16 years and Logan County Sheriff for 4 years; and
Whereas, Mr. Tomblin ably served his state as a member of the West Virginia House of Delegates for 6 years and as a president of the West Virginia Sheriff's Association; and
Whereas, Mr. Tomblin was active in the community where he lived and served in many leadership posts and roles including: The Logan Guyandotte Improvement Committee, consisting of the Coalfield Jamboree and Christmas in the Park, the Jaycees, the Rotary Club, a coach in football and basketball leagues, and a member of the Maryetta United Baptist Church at Verdunville; and
Whereas, Mr. Tomblin was honored by the community to which he unselfishly gave his time, talents and energy by being awarded the Distinguished Service Award from the Logan County Chamber of Commerce and Volunteer of the Year Award from the Logan Lions Club; and
Whereas, The passing of Tom "Rose" Tomblin 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, Tom "Rose" Tomblin, businessman, public servant, volunteer and beloved gentleman who touched many lives for the better; a man who loved his family and his beloved Logan County and West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Tom "Rose" Tomblin who have suffered a great loss, including his beloved wife, Jackie (Thompson) Tomblin, his son Tom Tomblin and his wife, Susan, and his sons Tim Tomblin and Ted (Lee) Tomblin; as well as to the mayor of Logan, the sheriff of Logan County, the county clerk of Logan County and the managing director of the Logan County Chamber of Commerce.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 32) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 244), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Carmichael, Fragale, Frederick, Schoen, Swartzmiller and Tansill.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 32) adopted.
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. 37, Urging the Government of Turkey to uphold and safeguard religious and human rights and to cease its discrimination of the Ecumenical Patriarchate,
And reports the same back with the recommendation that it be adopted.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 606, Requiring hiring preference for summer school program positions,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 606) to the Committee on Finance was abrogated.
On motions for leave, resolutions were introduced (Originating in the Committee on Education and reported with the recommendation that they each be adopted), which was read by their titles, as follows:
By Delegates Williams, Paxton, Rowan, Gall, Ellis, Stephens, Tansill, Perry, Browning, Poling, Shaver, Wysong, Duke, Pethtel, Moye, Rodighiero, Ireland, Frederick, Fragale, Crosier, Wells, Sumner and Miller:

H. C. R. 80 - "Requesting the Joint Committee on Government and Finance to make a study on promoting a safe and productive learning environment."
Whereas, Students, teachers and other school personnel have a right to a safe and conducive learning environment free from disruptive behavior that has a negative affect on student learning both for the students directly involved and others whose learning environment is disrupted; and
Whereas, Inappropriate behavior can cause interruption of teachers' lessons and affect the general frame of mind of students and their ability to concentrate on learning; and
Whereas, Research shows that repeated bullying, violence and related inappropriate behaviors contribute to depression, social anxiety, decreased self-esteem, anger, and sadness and are associated with negative school outcomes such as poor academic performance and absenteeism by the affected students and bystanders; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to make a study on promoting a safe and productive learning environment, including, but not limited to, in-school, after-school and Saturday-school programs for students who violate rules for appropriate school behavior, a state residential alternative education center for serious behavior code offenders and protecting the reputation and record of school personnel when allegations of child abuse arising from disciplinary enforcement are unsubstantiated; and be it
Further Resolved, That the said Joint Committee on Government and Finance is requested conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Perry, Browning, M. Poling, Shaver, Wysong, Duke, Romine, Pethtel, Moye, Rodighiero, Ireland, Ellis, Frederick, Gall, Williams, Rowan, Fragale, Crosier, Wells, Tansill, Sumner and Miller:

H. C. R. 81 - "Requesting the Joint Committee on Government and Finance to make a study on providing supplemental state aid for the instruction of English as a Second Language(ESL)/Limited English Proficient (LEP) students and removing statutory and regulatory limitations on program delivery."
Whereas, West Virginia collects data for Federal funding on the number of ESL/LEP students in the schools and that data shows that some counties must provide instruction for significant and growing numbers of ESL/LEP students while others do not, thus creating unequal demands on instructional dollars of different counties; and
Whereas, Strong ESL/LEP definitions, testing, student identification, counting and monitoring regulations are currently in place to comply with federal law and reporting requirements; and
Whereas, Providing supplemental state aid and removing statutory and regulatory barriers limitations on the instruction of (ESL)/(LEP) students helps lessen the burden of serving these students with special needs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to make a study on providing supplemental state aid for the instruction of English as a Second Language(ESL)/Limited English Proficient (LEP) students and removing statutory and regulatory limitations on program delivery; and, be it
Further Resolved, That the said Joint Committee on Government and Finance is requested conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates Perry, Browning, M. Poling, Shaver, Wysong, Duke, Romine, Paxton, Pethtel, Moye, Rodighiero, Ireland, Ellis, Frederick, Gall, Williams, Rowan, Fragale, Crosier, Wells, Tansill, Sumner and Miller:

H. C. R. 82 --"Requesting the joint committee on government and finance to make a study to improve the expediency and efficiency of school level, county board and regional education service agency accounting and auditing practices and procedures."
Whereas, Schools, county boards and regional education service agencies raise and expend funds in a variety of ways and for a variety of purposes; and
Whereas, Schools, county boards and regional education service agencies have limited personnel to supervise financial accounts; and
Whereas, The establishment of more expedient and efficient accounting and auditing practices and procedures for schools, county boards and regional education service agencies would help make them more accountable and less subject to question for funds raised and expended; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to make a study to improve the expediency and efficiency of school level, county board and regional education service agency accounting and auditing practices and procedures; and, be it
Further Resolved, That the said Joint Committee on Government and Finance is requested conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 570, Allowing county commissions' involvement in joint development efforts,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, 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 (S. B. 570) to the Committee on the Judiciary was abrogated.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 234, Creating Maternal Mortality Review Team.
And,
S. B. 481, Authorizing physician assistants to conduct mental health hygiene process examinations.
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, and with the recommendation that second reference of the bills to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bills (S. B. 234 and S. B. 481) to the Committee on the Judiciary was abrogated.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 13, Relating to Dental Practice Act generally,
And,
S. B. 317, Updating physician and podiatrist licensing requirements,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, and with the recommendation that second reference of the bills to the Committee on Government Organization be dispensed with.
In the absence of objection, reference of the bills (S. B. 13 and S. B. 317) to the Committee on the Government Organization was abrogated.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 236, Eliminating obsolete election language,
And,
S. B. 271, Establishing grievance procedure for State Police,
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:
Com. Sub. for S. B. 534, Creating Reduced Cigarette Ignition Propensity Standard and Firefighter Protection Act,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 534) was referred to the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 325, Relating to state employee deferred compensation plan,
Com. Sub. for S. B. 545, Relating to tax administration efficiency,
And,
S. B. 671, Increasing presiding Court of Claims' judge compensation,
And reports the same back, with amendment, with the recommendation that they each do pass.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
Com. Sub. for S. B. 492, Eliminating part-time prosecutors,
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 (Com. Sub. for S. B. 492) was referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 237, Repealing county officers' annual report requirement of certain expenditures,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 237) to the Committee on Finance was abrogated.
Reports from Select Committees
On motion for leave, a resolution was introduced (Originating in the Select Committee on Senior Citizen Issues and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Campbell, Proudfoot, Perdue, Pino, Fragale, Spencer, Stephens, Argento, Pethtel, Fleischauer, Manchin, Rowan, Evans, Hamilton, Border, Boggs, Moye, Hatfield, Wysong, Azinger and D. Poling:

H. R. 33 - "Requesting the Speaker of the House of Delegates to continue and reappoint the Select Committee on Senior Citizen Issues beyond the 78^th Legislature."
Whereas, The Select Committee on Senior Citizen Issues was created on January 11, 2008 under the able direction of the current Speaker of the House of Delegates, the Honorable Richard Thompson, to consider issues and concerns facing senior citizens in our State; and
Whereas, The Select Committee on Senior Citizen Issues has jurisdiction over any and all legislative matters to propose, revise and re-codify statutory provisions relating to issues relevant to senior citizens; and
Whereas, Since its inception, the Select Committee on Senior Citizen Issues has heard presentations by the Bureau of Senior Services, the Consolidated Public Retirement Board, the U.S. Administration on Aging, AARP, and the Bureau of Medical Services; and
Whereas, the Select Committee on Senior Citizen Issues will expire at the end of the 78^th Legislature; and
Whereas, Committee members feel that progress has already been made in bringing senior- related issues to the forefront and believe that there is still much work needed to continue to improve the health and happiness of West Virginia's seniors; therefore, be it
Resolved by the House of Delegates:
That members of the House of Delegates hereby request that, at the appropriate time, the Speaker continue and reappoint the Select Committee on Senior Citizen Issues; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a certified copy of this resolution to the Speaker of the House of Delegates and the members of the Select Committee on Senior Citizen Issues.
The Speaker referred the resolution (H. R. 33) to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Select Committee on Senior Citizen Issues and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Campbell, Proudfoot, Perdue, Pino, Fragale, Spencer, Stephens, Argento, Pethtel, Fleischauer, Manchin, Rowan, Evans, Hamilton, Border, Moye, Hatfield, Wysong, Azinger and D. Poling:

H. R. 34 - "Urging the West Virginia Bureau of Senior Services to allow only county aging programs to administer the Lighthouse program, while also providing them more discretion in the use of monies provided by LIFE awards."
Whereas, West Virginia's senior population aged 60 and over is 362,795 (20.1% of West Virginia's population) with projected numbers through 2018 being 467,235, causing a substantial need of added in-home assistance and community services; and
Whereas, The Lighthouse program, which began statewide July 1^st, 2007, addresses this need by expanding senior services throughout the state and is designated to assist those seniors who have functional needs in their homes; and
Whereas, Eligibility requirements for this program are seniors 60 and over years of age, medically eligible based on functional evaluation by the provider's RN and is not eligible for Medicaid; and
Whereas, seniors receive a variety of supportive assistance through the program are able to remain in their communities and continue to live in the comfort of their own house; and
Whereas, The Lighthouse program provides up to 60 hours of support in personal care (grooming, bathing and dressing), mobility (getting in and out of bed and walking), nutrition (meal preparation, eating and grocery shopping) and environment (housecleaning, bed changing and laundry); and
Whereas, The costs of these services depends upon the eligible individual's income and the fee is determined by a sliding fee schedule; and
Whereas, These services are provided by a caregiver employed by a county aging provider (senior centers); and
Whereas, County aging programs also need more flexibility and individual discretion on where to use Legislative Initiatives for the Elderly (LIFE) awards in delivering programs and services; and
Whereas, Currently, these monies are becoming more restricted with directives or earmarking certain amounts of nutrition, transportation, etc.; and
Whereas, Each county needs are unique (e.g. some counties provide ample public transportation while others struggle with arduous outreach destinations many miles into their service areas, while more urban areas may have a much larger nutrition programs by virtue of their greater population thus experiencing budget shortfalls); therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature urges the West Virginia Bureau of Senior Services to allow only county aging programs to administer the Lighthouse program, while also providing more discretion by county aging programs in the use of monies provided for by LIFE awards.; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Governor of the State of West Virginia and the Commissioner of the West Virginia Bureau of Senior Services.
The Speaker referred the resolution (H. R. 34) to the Committee on Rules.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on February 27, 2008, he approved S. B. 257, S. B. 258 and S. B. 262; and on February 28, he approved Com. Sub. for H. B. 4327.
Petitions
Mr. Speaker, Mr. Thompson, presented a petition on behalf of the teachers of Mineral County expressing their disappointment in the Governor's proposed professional educator's compensation package; which was referred to the Committee on Finance.
Today being Friday, the House of Delegates proceeded to the consideration of business on the Local Calendar.
Local Calendar
Com. Sub. for S. B. 579, Appointing additional nonresident members to Bluefield's sanitary board; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 245), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Fragale, Frederick and Swartzmiller.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time.
On motion of Delegate Morgan, the bill was amended on page three, section two, line one, by striking out subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) The governing body of the town of Bluefield, Virginia is authorized to nominate two additional nonresident members to the city of Bluefield Sanitary Board."
And,
On page three, section two, line six, by striking out subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) Upon the governing body of the city of Bluefield confirming the nominations, the two additional nonresident members shall serve in accordance with section eighteen, article three, chapter sixteen of the Code of West Virginia."
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 246), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Fragale, Frederick and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 579) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 247), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Fragale, Frederick, Shook and Swartzmiller.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 579) 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.
Special Calendar
Third Reading
Com. Sub. for S. B. 704, Regulating viatical life insurance settlements; 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. 248), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Fragale, Frederick and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 704) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
The following bills, on third reading, coming up in regular order, were, on motion of Delegate DeLong, laid upon the table:
Com. Sub. for H. B. 2377, Requiring that employers perform criminal history background checks for employees involved in the installation of home security systems,
H. B. 4026, Restricting public access to concealed weapons permit records,
H. B. 4027, Transferring administration of the donated food program from the Department of Agriculture to the Department of Military Affairs and Public Safety,
Com. Sub. for H. B. 4126, Prohibiting the Commissioner of Culture and History from merging the archives library and the lending library,
H. B. 4525, Placing the Weatherization Program under the control of the Division of Energy,
Com. Sub. for H. B. 4534, Permitting a five hundred dollar credit against personal income tax for the purchase of new wood and pellet stoves,
Com. Sub. for H. B. 4549, Providing an exemption from workers' compensation in certain circumstances for volunteer fire departments,
Com. Sub. for H. B. 4552, Relating to water utility rates,
Com. Sub. for H. B. 4593, Exempting persons with a masters or a doctorate degree in marriage or family therapy from being licensed,
And,
Com. Sub. for H. B. 4690, Ensuring that homeowners are adequately informed of the nature of the licensed contractor's insurance coverage.
Second Reading
The following bills on second reading, coming up in regular order, were, on motion of Delegate DeLong, laid upon the table:
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. 2934, Adding "craft beer" to the state definition of "nonintoxicating beer",
Com. Sub. for H. B. 4062, Relating to certification of professional educators,
Com. Sub. for H. B. 4070, Changing the closing hours of private clubs to two o'clock a. m.,
Com. Sub. for H. B. 4466, Expanding the powers of the Office of Consumer Advocacy within the Office of the Insurance Commissioner,
And,
H. B. 4669, Creating multi-year hunting, fishing and trapping licenses.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 101, Exempting nonprofit companies providing electricity from property tax,
S. B. 270, Eliminating provisions requiring circuit clerks handle and disburse inmate moneys,
S. B. 272, Clarifying "telemarketing solicitation" definition,
Com. Sub. for S. B. 493, Granting emergency election powers to Secretary of State,
Com. Sub. for S. B. 494, Providing voter verification through electronic poll book,
Com. Sub. for S. B. 495, Requiring certain poll worker training,
Com. Sub. for S. B. 496, Protecting voter registration information,
Com. Sub. for S. B. 505, Creating Veterans Cemetery Fund from lottery proceeds,
Com. Sub. for S. B. 507, Clarifying voting procedures,
S. B. 512, Increasing number of Records Management and Preservation Board members,
Com. Sub. for S. B. 514, Permitting electronic mail absentee voting,
Com. Sub. for S. B. 519, Extending Hazardous Waste Material Management Fee Fund sunset provision,
Com. Sub. for S. B. 580, Authorizing magistrate courts to accept unsigned citation payments,
Com. Sub. for S. B. 619, Defining certain external defibrillators' user terms,
S. B. 654, Finding and declaring certain claims against state,
And,
S. B. 775, Relating to state parks and state forests.
At 11:44 a.m., on motion of Delegate DeLong, the House of Delegates recessed until 4:00 p.m., and reconvened at that time.
* * * * * * * *
Afternoon Session
* * * * * * * *
Delegate Fragale, who had been absent in the morning session, was present when the House convened at this time.
At the request of Delegate Caputo, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 638, Requiring information collection from catalytic converter purchasers,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 337, Eliminating obsolete language concerning Supreme Court Clerk,
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:
S. B. 238, Increasing monetary limit to file circuit court suit,
And,
S. B. 503, Requiring solid waste facility permit applicants furnish fingerprints for criminal background checks,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 565, Relating to increased real property assessment notice,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 565) was referred to the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 596, Relating to Streamlined Sales and Use Tax Agreement,
And reports the same back, with amendment, 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:
Com. Sub. for S. B. 676, Limiting certain park and recreation owners' liabilities,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 676) 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:
S. B. 779, Prohibiting hotel occupancy proceeds paid to certain convention and visitors' bureaus,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 779) was referred to the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 552, Relating to prepaid wireless calling taxes, fees and charges,
Com. Sub. for S. B. 645, Exempting city and county hospitals from certain audit requirements,
S. B. 659, Increasing certain crime victims' benefits,
S. B. 673, Making supplementary appropriation to Department of Health and Human Resources,
And,
S. B. 674, Making supplementary appropriation to Department of Administration and Department of Military Affairs and Public Safety,
And reports the same back with the recommendation that they 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:
Com. Sub. for S. B. 88, Creating brownfield economic development districts,
And reports the same back, with amendment, 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:
Com. Sub. for S. B. 373, Authorizing the Department of Environmental Protection to promulgate legislative rules,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows
Com. Sub. for H. B. 4076, Relating to the compensation and expenses of legislators.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 31, The "Sgt. James Allen May Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 32, The "William Bradley Fulks Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
Com. Sub. for H. C. R. 39, The "Sgt. Jackie L. Waymire Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 19 - "Requesting the Division of Highways name bridge number 54-50-0.01 (4960) located on Corridor D near the City of Parkersburg, Wood County, the 'Blennerhassett Island Bridge'."
Whereas, Blennerhassett Island has played an important role in Ohio Valley history for over 200 years; and
Whereas, Local media and residents have referred to the bridge as "Blennerhassett Island Bridge" since the planning and construction of the bridge began; and
Whereas, The Board of Directors of the Blennerhassett Historical Foundation have voted unanimously that such naming of the bridge would pay deserving homage to Blennerhassett Island and acquaint travelers with the site's historical importance; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 54-50-0.01 (4960) located on Corridor D near the City of Parkersburg, Wood County, the "Blennerhassett Island Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Blennerhassett Island Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the Wood County Commission.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 28 - "Designating the timber rattlesnake as West Virginia's state reptile."
Whereas, The timber rattlesnake is an integral part of the history, culture and ecology of West Virginia and the United States; and
Whereas, The timber rattlesnake is present throughout West Virginia and its color and pattern is reminiscent of West Virginia's fauna and flora; and
Whereas, The timber rattlesnake is important to preserve as a predator and prey in West Virginia's ecology; and
Whereas, The timber rattlesnake kills mice and rats at no cost while cleaning up after itself; and
Whereas, The timber rattlesnake is a popular icon that does attract attention and, thereby, may enhance tourism; and
Whereas, Since no other state has adopted the timber rattlesnake as a state reptile, West Virginia can be the first and it would be a proud contribution by the eighth grade class at Romney Middle School, from West Virginia's oldest county, in West Virginia's oldest town, to have been instrumental in making the timber rattlesnake the state reptile of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the timber rattlesnake as West Virginia's state reptile; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Mayor and City Council of the City of Romney and the eighth grade class at Romney Middle School.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 53 - "Requesting the Joint Committee on Government and Finance study ways to allocate and distribute public funds to convention and visitors bureaus, hotels and regional travel councils operating in this state, for purposes of promoting conventions, recreation and tourism, in as efficient and effective method as possible to maximize the use of such funds."
Whereas, To advance the business prosperity and economic welfare of this state, it is necessary to enhance recreational and tourism opportunities; and
Whereas, In order to promote recreation and tourism public financial support should be provided to construct, equip, improve and maintain projects, agencies and facilities that promote recreation and tourism; and
Whereas, The support of convention and visitors bureaus and hotels is a public purpose for which funds may be expended; and
Whereas, The Legislature wants to insure that public funds received by convention and visitors bureaus, hotels and travel councils used to enhance recreational and tourism opportunities in the state are allocated and distributed and utilized as efficiently and effectively as possible; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study ways to allocate and distribute public funds to convention and visitors bureaus, hotels and regional travel councils operating in this state, for purposes of promoting conventions, recreation and tourism, in as efficient and effective method as possible to maximize the use of such funds; 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.
Remarks by Members
Delegate Higgins asked and obtained unanimous consent that the remarks of Delegate Spencer regarding the Special Aircraft Valuation Act be printed in the Appendix to the Journal.
Delegate M. Poling asked and obtained unanimous consent that the remarks of Delegate Ennis regarding House Education Committee employee James Dague be printed in the Appendix to the Journal.
Leaves of Absence
At the request of Delegate Caputo, and by unanimous consent, leaves of absence for the day were granted Delegates Cann and Frederick.
At 4:49 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 3, 2008.