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Wednesday, January 31, 2007

TWENTY-SECOND DAY




The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, January 30, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2367, Requiring the Department of Environmental Protection to remediate any waste tire pile in the state consisting of more than twenty-five tires,
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 (H. B. 2367) was 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. 2571, Clarifying the deadline for redeeming delinquent lands,
And,
S. B. 138, Repealing code section relating to requirement nonresidents secure costs,
And reports the same back with the recommendation that they each do pass.
Chairman Doyle, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the30th day of January , 2007, 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:
(H. B. 2105), Extending the expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits.
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
S. B. 171 - "A Bill to amend and reenact §30-9-32 of the Code of West Virginia, 1931, as amended, relating to continuation of the Board of Accountancy"; which was referred to the Committee on Government Organization.
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. 172 - "A Bill to amend and reenact §30-34-17 of the Code of West Virginia, 1931, as amended, relating to continuation of the Board of Respiratory Care Practitioners"; which was referred to the Committee on Government Organization.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Walters:
H. B. 2750
- "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to providing that county boards of education may, in cooperation with local public or regional transit authorities study the feasibility of entering into cooperative agreements to transport students to and from school; and setting certain requirements for the proposed cooperative agreements"; to the Committee on Education then Finance.
By Delegates Campbell, Williams, Paxton, Marshall, Duke and Sumner:
H. B. 2751
- "A Bill to amend and reenact §18A-4-1 and §18A-4-2 of the Code of West Virginia, 1931, as amended, all relating to increasing beginning teacher salaries to no less than the amount prescribed on the state minimum salary schedule for teachers with three years of experience; effect on experience increments; and teachers employed after effective date"; to the Committee on Education then Finance.
By Delegate Walters:

H. B. 2752
- "A Bill to amend and reenact §5-1-20 of the Code of West Virginia, 1931, as amended, relating to reports to the Governor from officers of the executive departments and state institutions; requiring all state officers, boards, commissions, departments and institutions to report to the Governor, Speaker of the House of Delegates and President of the Senate; notice of disallowance or potential disallowance of federal funds"; to the Committee on Government Organization then Finance.
By Delegate Walters:
H. B. 2753
- "A Bill to amend and reenact §11-21-1 of the Code of West Virginia, 1931, as amended; and to amend said article by adding thereto two new sections, designated §11-21-4g and §11-21-4h, all relating to legislative findings; providing for a five percent tax reduction to all personal income tax rates"; to the Committee on Finance.
By Delegate Lane:
H. B. 2754
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to requiring that employers perform criminal history background checks for employees working as in-home health care providers"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Walters:
H. B. 2755
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6, §4-13-7 and §4-13-8, all relating to the state payment for state mandates act; legislative findings; definitions; requirement for funding of state mandates; establishing office of local mandates; mandate review requirements; notification of local impact statement; and appropriations requirement"; to the Committee on Government Organization then Finance.
By Delegate Walters:
H. B. 2756
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-8-15, relating to requiring persons incarcerated in jail to pay for the costs of incarceration for the first five days, and providing for reimbursement of same when the person so incarcerated is ultimately acquitted of the charges that resulted in the incarceration"; to the Committee on the Judiciary then Finance.
By Delegate Walters:
H. B. 2757
- "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to consolidating purchasing by county boards of education through the regional education service agency serving their areas"; to the Committee on Education then Finance.
By Delegates Barker, DeLong and Hrutkay:
H. B. 2758
- "A Bill to amend and reenact §11-1A-11 of the Code of West Virginia, 1931, as amended, relating to exempting owners, with the exception of corporations or partnerships, of one hundred acres or less of real property from valuation and assessment as natural resources property; defining 'small property owner'; and, extending the exemption for an owner or owners of two or more tracts of real property of one hundred acres or less"; to the Committee on the Judiciary then Finance.
By Delegate Lane:
H. B. 2759
- "A Bill to amend and reenact §7-14D-7, §7-14D-11 and §7-14D-12 of the Code of West Virginia, 1931, as amended, all relating to increasing deputy sheriffs' pension benefits by one half of one percent, while increasing the employer contribution by one percent"; to the Committee on Pensions and Retirement then Finance.
By Delegate Blair:
H. B. 2760
- "A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as amended, relating to the requirement that motor vehicle insurance certificates may be issued only for the time period for which the insured pays for coverage"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Michael and Stalnaker:
H. B. 2761
- "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931, as amended, relating to allowing the purchase of service credit in the State Teachers' Retirement System for temporary employment under the Comprehensive Employment and Training Act (CETA); and specifying the cost of the service credit purchased"; to the Committee on Pensions and Retirement then Finance.
By Delegates Craig, Lane, Michael, Kominar, Long, Stemple, Tabb, Armstead, Pino, Morgan and Azinger:

H. B. 2762
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6, §55-7E-7, §55-7E-8 §55-7E-9 and §55-7E-10, all relating to limitations for certain asbestos claims; judicial actions involving silica and asbestos exposure; and providing for fair and efficient judicial consideration of personal injury and wrongful death arising out of asbestos or silica exposure and to ensure individuals who suffer impairment now or in the future for illnesses caused by exposure to asbestos or silica receive compensation for their injuries"; to the Committee on the Judiciary
By Delegates Kominar, Barker, Moore, Perry, Ashley, Walters and Hartman:
H. B. 2763
- "A Bill to amend and reenact §33-33-2 and §33-33-6 of the Code of West Virginia, 1931, as amended, all relating to persons performing financial examinations of insurers; defining term; prohibiting use of indemnification agreements by accountants performing certain audits; and permitting mediation or arbitration agreements in certain circumstances"; to the Committee on Banking and Insurance then Finance.
By Delegates Kominar, Barker, Moore, Perry, Ashley, Walters, Schoen and Hartman:
H. B. 2764
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-37, relating to criminal history checks for applicants for insurance producer licenses; defining terms; authorizing Insurance Commissioner to establish and collect fees; requiring applicants to submit fingerprints; requiring the Insurance Commission to transmit fingerprints to the State Police and Federal Bureau of Investigation; requiring certain records be confidential; exempting certain information from disclosure pursuant to subpoena or discovery; and authorizing Insurance Commissioner to promulgate emergency and legislative rules"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Kominar, Barker, Moore, Perry, Ashley, Walters, Schoen and Hartman:
H. B. 2765
- "A Bill to amend and reenact §33-4-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-41-8b; and to amend and reenact §33-41-11 of said code, all relating to insurance fraud; clarifying that the insurance code contains specific criminal penalties for felony offenses; authorizing certain employees of the fraud unit of the Insurance Commission to present criminal complaints directly to a magistrate; and extending the statute of limitations for certain misdemeanors involving insurance fraud"; to the Committee on Banking and Insurance then Judiciary.
By Delegates Proudfoot, Stemple, Longstreth, Varner and Kominar:
H. B. 2766
- "A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended, relating to clarifying procedures for seizing abandoned, neglected or cruelly treated animals"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Webster, Proudfoot, Stemple, Longstreth, Varner, Kominar, Shook, Fleischauer, Staggers and Caputo:

H. B. 2767
- "A Bill to amend and reenact §48-27-902 and §48-27-903 of the Code of West Virginia, 1931, as amended, all relating to clarifying that continuing to threaten or harass a petitioner is a violation of a domestic violence protective order"; to the Committee on the Judiciary.
By Delegates Caputo and DeLong:
H. B. 2768
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §23-4-26 and §23-4-27, all relating to cardiovascular injury or disease or pulmonary disease suffered by a professional firefighter; creating a rebuttable presumption that cardiovascular injury or disease or pulmonary disease suffered by a professional firefighter is an occupational injury, if certain criteria are met; creating a rebuttable presumption that cardiovascular injury or disease or pulmonary disease resulting in death of a professional firefighter is a death by an occupational injury, if certain criteria are met; providing that sufficient notice of occupational injury, disease or death has been satisfied under such circumstances; establishing presumption that death or injury not occasioned by willful intent; and definitions"; to the Committee on the Judiciary then Finance.
By Delegates Webster, Fleischauer, Hatfield and Guthrie:
H. B. 2769
- "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-19, relating to establishing a program to inventory greenhouse gases; authorizing secretary of the Department of Environmental Protection to propose legislative rules; requiring development of inventory of greenhouse emissions; program to be established to report greenhouse gas emission; direction the creations of a voluntary registry for the reporting of voluntary reductions of greenhouse gas emissions if the reductions are made before they are required by law; directing the Department of Environmental Protection to consult and coordinate the program with and enter into agreements with certain other state agencies; providing consideration of such reductions under future federal greenhouse gas emission reduction programs; and providing a definition of greenhouse gas"; to the Committee on the Judiciary.
By Delegates Ellem, Webster, Hamilton, Proudfoot, Schadler, Guthrie, Shook, Burdiss, Amores, Kessler and Mahan:

H. B. 2770
- "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended; relating to court security personnel; enhancing penalties for certain acts against court security personnel; and defining 'court security personnel'"; to the Committee on the Judiciary.
By Delegates Spencer, Craig, Browning, Stemple, Stephens, Duke and Canterbury:
H. B. 2771 - "A Bill to amend and reenact §12-6-2, §12-6-4, §12-6-5, §12-6-9c and §12-6- 12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-6-18, all relating to investment of moneys by the West Virginia Investment Management Board; modifying the definition of the term 'securities' so that the prudent investor standard set forth in the West Virginia Uniform Prudent Investor Act, is made the exclusive standard and source of restriction and limitation on investments managed by the West Virginia Investment Management Board; modifying the type and amount of bonds or insurance coverage required to be obtained and maintained by the Investment Management Board; authorizing the establishment and maintenance of a self-insurance account in connection with the procurement and maintenance of insurance coverage by the Investment Management Board; clarifying that the statutorily enumerated investment powers of the board are illustrative rather than restrictive; modifying provisions relating to authority of the board to make certain investments in investment companies or investment trusts registered under the Investment Company Act of 1940; eliminating restrictions and limitations on permissible investments by the West Virginia Investment Management Board in favor of the requirements, restrictions and limitations imposed under the Uniform Prudent Investor Act; providing an exemption from disclosure, under the Freedom of Information Act in respect to information concerning which disclosure is prohibited, restricted or limited by standard confidentiality agreements, policies or procedures of firms, companies or organizations through which the West Virginia Investment Management Board invests, to the extent of such prohibitions, restrictions or limitations; and specifying that the provisions of the article are to be liberally construed to effect the public purposes of the article"; to the Committee on Government Organization then Finance.
By Delegates Rodighiero, Ellis, Hrutkay, Shook, Reynolds, Craig, Staggers, Eldridge, Stephens, Fleischauer and Beach:
H. B. 2772
- "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended, relating to ensuring the Public Employees Insurance Agency will continue and maintain medical and prescription drug coverage for Medicare eligible retired employees; and, providing that if a Medicare/Advantage Prescription Drug Plan should fail, the Public Employees Insurance Agency will take all Medicare eligible retired employees back into the existing Public Employees Insurance Agency plan or provide another plan of equal or better coverage"; to the Committee on Health and Human Resources then Finance.
By Delegates Fleischauer, M. Poling, Hatfield, Fragale, Hamilton, Brown, Tabb, Miley, Manchin, Beach and Canterbury:

H. B. 2773
- "A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §22-15A-24, §22-15A-25, §22-15A-26, §22-15A-27, §22-15A-28, §22-15A-29, §22-15A-30, §22-15A-31, §22- 15A-32, §22-15A-33, §22-15A-34 and §22-15A-35, all relating to establishing a returnable beverage container deposit program; defining terms; expressing findings and purpose; requiring the use of returnable beverage containers; requiring the collection of deposits on returnable beverage containers; establishing program for the refund of deposits; requiring food and beverage establishments pay deposit on beverage containers when beverage is consumed on premises; requiring the Department of Environmental Protection operate the returnable beverage container program; requiring certification of redemption centers; establishing requirements for certification of redemption centers; providing for payment of deposit refunds and handling fees; establishing requirements for reverse vending machines; exempting deposit refunds from sales tax and business and occupation tax; exempting deposits on containers from sales taxes and excluding deposits from business and occupation taxes; and providing penalties and remedies"; to the Committee on the Judiciary then Finance.
By Delegates Stemple, Proudfoot, Tabb, Anderson, Pethtel, Beach and Williams:
H. B. 2774
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20 and §19-9B-21, all relating to regulating the sale, possession and breeding of nonnative species; defining certain terms; creating the Nonnative Species Regulation Board; establishing duties; establishing a special revenue account and authorizing expenditures; providing rule-making authority; delineating the jurisdiction of member agencies; providing owner liable for the cost of care of seized nonnative species and bonding requirements; requiring pet shop registration, renewal and fee; requiring pet shop to keep records and provide certain notification; requiring permit to possess or breed nonnative species and providing permit application process and permit requirements; providing for exemptions; requiring identification number on nonnative species; establishing caging, care and treatment requirements; requiring liability insurance; authorizing certain inspections; providing for denial of a permit; specifying conditions under which nonnative species may be seized; and, establishing civil and criminal penalties"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2775
- "A Bill to amend and reenact §17A-3-4 of the Code of West Virginia, 1931, as amended, relating to an exemption for new residents of this state from payment of the privilege tax upon a showing that the applicant was not a resident of this state at the time the vehicle was purchased and the vehicle was properly titled in the applicant's previous state or jurisdiction of residence"; to the Committee on Finance.
By Delegates Moore, Kominar, Perry, Barker, Carmichael and Ashley:
H. B. 2776
- "A Bill to amend and reenact §31-17-1, §31-17-4 and §31-17-11 of the Code of West Virginia, 1931, as amended, all relating to defining a loan originator to include individuals working for licensees the majority of whose business consists of brokering; permitting bond claims by the Commissioner of Banking to collect unpaid civil administrative penalties and unpaid examination invoices while allowing priority for pending consumer claims; allowing the commissioner to publish aggregate annual report data; and permitting the commissioner to enter into information sharing agreements with other mortgage regulators"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:
H. B. 2777
- "A Bill to amend and reenact §18A-4-2, §18A-4-2a and §18A-4-8 of the Code of West Virginia, 1931, as amended, all relating to compensation of public school teachers and school personnel; increasing annual salaries of public school teachers; providing a one-time monetary incentive for school personnel; and increasing the annual salary bonus for classroom teachers with national board certification and the cap thereon"; to the Committee on Education then Finance.
House Calendar

Third Reading

H. B. 2698, Authorizing the board of barbers and cosmetologists to increase fees for one year; 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. 16), and there were--yeas 75, nays 22, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Carmichael, Ellem, Ireland, Lane, Michael, C. Miller, J. Miller, Overington, Porter, Reynolds, Romine, Rowan, Sobonya, Stalnaker, Sumner and Walters.
Absent and Not Voting: Campbell and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2698) passed.
Delegate DeLong moved that the bill take effect from passage.
On this question, the yeas and nays were taken (Roll No. 17), and there were--yeas 83, nays 14, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Border, Carmichael, Ireland, Lane, J. Miller, Overington, Porter, Reynolds, Sobonya, Stalnaker, Sumner and Walters.
Absent and Not Voting: Campbell and Talbott.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2698) takes effect from passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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. 140, Relating to depositing certain moneys into magistrate court fund,
And,
S. B. 141, Providing family court jurisdiction over sibling visitation petitions.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Campbell and Talbott.
At 11:22 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 1, 2007.