_________*__________
Monday, February 12, 2007
THIRTY-FOURTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order, by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 9, 2007, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2591, Alcohol Beverage Control Commission, licensing of retail liquor stores,
H. B. 2592, Auditor's Office, WV State, transaction fee and rate structure,
H. B. 2593, Consolidated Public Retirement Board, teachers' defined contribution system,
H. B. 2594, Consolidated Public Retirement Board, teachers' retirement system,
H. B. 2603, Fire Commission, state building code,
H. B. 2606, Highways, waste tire remediation/environmental clean-up,
H. B. 2611, Personnel, Division of, workers' compensation temporary total disability rule,
H. B. 2612, Pharmacy Board, ephedrine and pseudoephedrine control,
H. B. 2614, Rehabilitation Services Division, case services,
H. B. 2615, Rehabilitation Services Division, resources manual,
H. B. 2626, Consolidated Public Retirement Board, public employees retirement system,
H. B. 2627, Consolidated Public Retirement Board, refund, reinstatement and loan interest
factors,
H. B. 2628, Deputy Sheriff Retirement System,
H. B. 2647, Health and Human Resources, nursing home licensure rule,
H. B. 2653, Homeland Security and Emergency Management, mine and industrial accident
rapid response system,
H. B. 2654, Hospital Finance Authority, establishment of fee schedule,
H. B. 2657, Human Services, minimum licensing requirements for group residential
facilities,
H. B. 2676, Personnel, Division of, interdepartmental transfer of permanent state employees,
H. B. 2678, Regional Jail and Correctional Authority, criteria and procedures for
determination of projected cost per diem for inmates,
And,
H. B. 2689, State Police, WV DNA databank,
And reports the same back, with the recommendation that they each do pass but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2591, H. B. 2592, H.
B. 2593, H. B. 2594, H. B. 2603, H. B. 2606, H. B. 2611, H. B. 2612, H. B. 2614, H. B. 2615, H.
B. 2626, H. B. 2627, H. B. 2628, H. B. 2647, H. B. 2653, H. B. 2654, H. B. 2657, H. B. 2676, H.
B. 2678 and H. B. 2689) were each referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2644, Fire Commission, certification and evaluation of local fire departments,
And,
H. B. 2675, Personnel, administrative rule,
And reports the same back, with amendment, with the recommendation that they each do pass
but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2644 and H. B. 2675)
were each referred to the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2718, Relating to local option elections on whether table games will be allowed at
existing licensed pari-mutuel racetracks,
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. 2718) was referred to
the Committee on Finance.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2141, Raising the age at which a person may request to be excused from jury duty from
sixty-five to seventy.
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. 168 - "A Bill to amend and reenact §46A-4-110 of the Code of West
Virginia, 1931, as amended, relating to the sale of home and automobile membership plans by
consumer lenders; defining automobile and home membership plans; specifying conditions for sale
of plans by licensees; and requiring enrollment authorizations to be filed with the commissioner";
which was referred to the Committee on Banking and Insurance 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. 197 - "A Bill to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to clarifying that reasonable force may be used to protect one's
self, real and personal property and the person and property of another; and clarifying that use of
reasonable and proportionate force to defend is an absolute defense criminally and civilly"; which
was referred to the Committee on 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
S. B. 389 - "A Bill to amend and reenact §20-1-2 of the Code of West Virginia, 1931, as
amended, relating to including blue catfish in the definition of game fish"; which was referred to the
Committee on Agriculture and Natural Resources.
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. 396 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §20-2-29, relating to authorizing the Director of the Division of Natural
Resources to exempt site-specific data on certain rare plant or animal species and their habitats from
disclosure under the Freedom of Information Act"; which was referred to the Committee on
Agriculture and Natural Resources then the Judiciary.
Resolutions Introduced
Delegates Longstreth, Barker, Caputo, Eldridge, Ennis, Guthrie, Hrutkay, Manchin, Marshall,
Miley, Perdue, D. Poling, Rodighiero, Shook, Stephens and Wells offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 27 - "Urging the President of the United States and Congress develop and
implement a quality affordable health care policy for all Americans."
Whereas, Due to high health care costs and the nation's inability to address the needs of
millions of people in this country without health coverage; and
Whereas, West Virginia residents are struggling with health care costs, reductions in
employee health coverage and increased incidences of disabling illnesses; and
Whereas, Something must be done to provide adequate health care at reasonable rates for
all Americans; and
Whereas, The lack of affordable health care is a national problem and requires a national
solution; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the President and Congress of the United States to develop
and implement a quality affordable health care policy for all Americans; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the President, United States Senators Robert C. Byrd and John D. Rockefeller IV,
Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito and the Governor.
Delegates Guthrie, Hrutkay, Kessler, Mahan, Moore and Perdue offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 28 - "Requesting that the Joint Committee on Government and Finance study the
potential revenue generating system referred to as the 'automatic transaction fee' and the effect the
implementation of a revenue collection system based on a simple percentage of each transaction over
five hundred dollars would have on the current tax structure of this state, the impact it would have on the economy of this state and the potential the system may have in diversifying and converting
the revenue streams of state government, county governments and municipal governments which rely
disproportionately on a relatively small number of revenue sources.
Whereas, Under the automatic transaction fee system, payment would be collected by state
financial institutions through the state treasury or through the Department of Revenue. Transaction
fee payors would become liable for the fee at the moment they are able to exercise control over a
piece of property, goods or services over five hundred dollars regardless of the payment instrument
or method (cash, check, credit, debit or wire transfer) and although the transaction fee may appear
similar to the sales and use tax, there is a major distinction in that a sales tax is charged only on sales
to the final consumer of the product, while the automatic transaction fee would apply to both sellers
and buyers in each transaction over five hundred dollars; and
Whereas, An automatic transaction fee revenue system can provide a broad revenue base
at the lowest possible rate which could potentially simplify tax collections, lower the tax burden for
citizens and businesses while capturing underground economic activity that currently avoids taxation
and transactions made by foreign investors and corporations; and
Whereas, It is both prudent and necessary to begin planning for major future contingent
issues that may affect current revenue streams, especially, the potential loss of federal funding, the
continued loss of manufacturing jobs and the escalating costs of essential services; and
Whereas, By addressing the possibility of initiating an automatic transaction fee collection
system, it may be possible to eliminate the sales tax on food and clothing, all current business taxes
and personal state income taxes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the potential
revenue generating system referred to as the "automatic transaction fee" and the effect the
implementation of a revenue collection system based on a percentage of each transaction would have
on replacing the current tax structure of this state, the impact it would have on the economy of this
state and the potential the system may have in diversifying the revenue streams of state government,
county governments and municipal governments which rely disproportionately on a relatively small
number of revenue sources; and, be it
Further Resolved, That the Joint Committee on Government and Finance examine ways to
introduce a system of automatic transaction fees as a replacement source of revenue on a pilot basis
in this state and to involve qualified economic and tax researchers from the major research education
institutions in this state to support the study; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, 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 carry out its duties, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee On
Government and Finance.
Delegates Guthrie, Brown, Caputo, Hatfield, Kominar, Mahan, Marshall, Palumbo, Wells
and White offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 29 - "Requesting the Joint Committee on Government and Finance study the
establishment of partnerships between the state's colleges and universities and employers to implement professional and technical collaborative preparation programs that prepare students for
occupations in the state with highly promising employment opportunities in business, industry and
government."
Whereas, For years, West Virginia has struggled with a "brain drain" resulting in the loss
of college and professional graduates who are drawn to other states to seek employment
opportunities; and
Whereas, West Virginia employers in business, industry and government need highly
trained technical and professional graduates and often must seek the national and international
markets to find them; and
Whereas, Professional and technical collaborative preparation programs would prepare
resident college and professional graduates with the highly technical and professional skills needed
by resident employers, helping them remain in the state to pursue promising career opportunities,
strengthening the state's business and industry and potentially attracting new business and industry
to West Virginia, along with higher-paying jobs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
establishment of partnerships between the state's colleges and universities and employers to
implement professional and technical collaborative preparation programs that prepare students for
occupations in the state with highly promising employment opportunities in business, industry and
government; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, 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.
Delegates Campbell, Canterbury and Crosier offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 30 - "Requesting the Division of Highways to name the bridge traversing the CSX
Railroad tracks and the Greenbrier River on U.S. Route 219 South, in Ronceverte, West Virginia,
the 'Thomas E. "Jock" Clifford, Jr., Memorial Bridge'."
Whereas, Colonel Thomas Edward "Jock" Clifford, Jr., was born May 19, 1911, in
Ronceverte, West Virginia; and
Whereas, Colonel Jock Clifford joined the West Virginia National Guard at Ronceverte on
November 20, 1928; and
Whereas, Colonel Jock Clifford graduated with honors from Greenbrier Military Academy
in 1931, and was then appointed to West Point Military Academy on academic and athletic merit;
and
Whereas, Colonel Jock Clifford starred as the center for the West Point football team,
earning the title of All-American Center in football in 1935; and
Whereas, In addition to his success on the football field, Colonel Jock Clifford lettered in
basketball and baseball. As a result of his superior athletic abilities, he acquired the nickname
"Jock"; and
Whereas, Colonel Jock Clifford married Brownie Peters, his hometown sweetheart, the day after his graduation from West Point Military Academy; and
Whereas, Colonel Jock Clifford initially served at Fort Benning in Georgia and later as the
officer in charge of the Army unit at the Cleveland (Ohio) Exposition of 1937; and
Whereas, Colonel Jock Clifford commanded the 19th Infantry Regiment of the 24th Division
of the United States Army; and
Whereas, Colonel Jock Clifford commanded a battalion during the Hollandia campaign,
which ultimately lead to the defeat of Japanese forces in New Guinea; and
Whereas, Colonel Jock Clifford was promoted to Colonel after demonstrating tremendous
leadership and courage during the Battle of the Ormac Corridor; and
Whereas, Colonel Jock Clifford's seemingly limitless strength, fearlessness, tenacity,
determination, and resolve to push himself and the men in his battalion to the brink of their
endurance, earned him the nickname "Hell Roaring Jock"; and
Whereas, Colonel Jock Clifford was often referred to as a "real life John Wayne"; and
Whereas, Colonel Jock Clifford is considered the liberator of the city of Davao in the
Philippines; and
Whereas, The city of Davao acknowledged his accomplishment by naming a theater, a
street, and the town square in his honor; and
Whereas, Colonel Jock Clifford was known by friends, family, and peers as a fearless and
brilliant leader; and
Whereas, Colonel Jock Clifford has named in his honor an army post in Kaje-do, Korea;
a National Guard Armory in Ronceverte, West Virginia; a landing craft; and an arms rifle range; and
Whereas, Colonel Jock Clifford graciously requested a transfer from a prestigious position on General MacArthur's staff to return to the battlefield as one of the commanders of the 24th
Infantry; and
Whereas, Colonel Jock Clifford then sacrificed his life near Tamogan, Mindanao, on June
24, 1945, while rescuing one of his sergeants from a Japanese-fired artillery shell; and
Whereas, Colonel Jock Clifford was awarded the Distinguished Service Cross with Oak
Leaf Cluster; the Silver Star; the Legion of Merit; the Bronze Star with V and Oak Leaf Cluster; and
the prestigious Purple Heart; and
Whereas, Colonel Jock Clifford's service and sacrifice earned him the honor of interment
at Arlington National Cemetery; and
Whereas, Colonel Jock Clifford requested, should anything happen to him during the war,
that his body be laid to rest in Ronceverte, West Virginia; and
Whereas, Colonel Jock Clifford was an outstanding World War II hero, and should be
forever remembered for his valor and service to his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge traversing
the CSX Railroad tracks and the Greenbrier River on U.S. Route 219 South, in Ronceverte, West
Virginia, the "Thomas E. 'Jock' Clifford, Jr., Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on
the bridge signs identifying them as the "Thomas E. 'Jock' Clifford, Jr., Memorial Bridge"; and, be
it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the family of Colonel Thomas E. "Jock" Clifford, Jr.
Delegates Overington, Blair, Doyle, Duke, Cowles, Miller, Tabb and Rowan offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 31 - "Requesting the State of West Virginia and the United States Federal
Government to fully recognize that the counties of Berkeley and Jefferson in the State of West
Virginia are part of the beautiful and historic Shenandoah Valley."
Whereas, The State of West Virginia was part of the State of Virginia until June 20th, 1863
and the counties of Berkeley and Jefferson were not officially added into the new State until 1872
upon the ruling of the United States Supreme Court. This ruling split the Shenandoah Valley into
two sections, with the two counties just mentioned being now part of West Virginia and part of a
political arm called the "Eastern Panhandle"; and
Whereas, The geographical landscape of the Shenandoah Valley is as follows:
Beginning at the Potomac River that forms the northern boundary along Berkeley and
Jefferson Counties and continuing southwestward to the southern boundary near the city of Roanoke,
Virginia. The valley is flanked to the east by the Blue Ridge Mountains (in eastern Jefferson County,
West Virginia) and to the west by the Allegheny Mountains (in western Berkeley County, West
Virginia). The Shenandoah River flows northward and empties into the Potomac River at Harper's
Ferry, West Virginia. To break down the valley into two parts: The Upper Shenandoah Valley is
located southward because of a high elevation and the Lower Shenandoah Valley is located
northward because of a low elevation; and
Whereas, The historical landscape of Berkeley and Jefferson Counties is a storybook land
full of famous patriots and people, wars and great events that made it into the history books. Both counties are rich in legend and lore. This is where the Great Wagon Road (later called the Valley
Turnpike) provided travel for Indians, the earliest pioneers and Revolutionary and Civil War
soldiers. The entire valley was known as the "Breadbasket of the Confederacy" because of its
richness in fertile soils that sustains life for farms and orchards. The following is a brief look at the
history of the counties of Berkeley and Jefferson: From George Washington and Thomas Jefferson
to Morgan Morgan, from Revolutionary War Generals William Darke, Horatio Gates, Charles Lee,
Daniel Morgan and General Adam Stephen to the famous Bee Line March and the oldest continuous
1735 United States Military Unit still in existence; and
Whereas, From the birthplace of United States President Andrew Jackson and the marriage
of United States President James and Dolly Madison to Davy Crockett who worked on a local farm
to James Rumsey, inventor of the steamboat. From John Brown and Robert E. Lee, "Stonewall"
Jackson and J. E. B. Stuart, Turner Ashby and the Gray Ghost and Confederate Spy, Belle Boyd to
the Battle of Falling Waters-the first engagement in the Shenandoah Valley and first cavalry action
of the Civil War -- From the 1862 Battle of Harpers Ferry, to the Jackson Valley Campaign, to Philip
Sheridan's successful Union Valley Campaign -- From David Hunter and David Hunter Strother
(Pen name "Porte Crayon") -- To Martin Robinson Delaney, the highest ranking black officer in the
Civil War -- From the B. & O. Roundhouses (landmarks in 20th century industrial architecture that
replaced buildings destroyed in a famous Civil War raid by Jackson) to the first Rural Free Delivery
in America (begun by United States Postmaster General William L. Wilson, a son of Jefferson
County) and Washington Family Homes to the birth of Harry Flood Byrd, Senator and Governor of
Virginia and from baseball player, Hack Wilson and WWI Secretary of the War, Newton D. Baker
to the Legend of Wizard Clip and to famous western artist William Robinson Leigh, a Berkeley County native. From the city of Martinsburg, "Northern Gateway to the Shenandoah Valley" and
at one time known as "Queen City" to the famous Apple Pie Ridge and the first "Apple Carnival
Event" held in 1909 -- From Apple Blossom to Apple Harvest......This is the "Cradle of America";
therefore, be it
Resolved by the Legislature of West Virginia:
That in 1996, the United States Congress established the "Shenandoah Valley Battlefields
National Historic District and Commission" and Berkeley and Jefferson Counties, West Virginia
were not included to be a part of the program or to obtain any funds; and, be it
Further Resolved, That Berkeley and Jefferson Counties, West Virginia should be eligible
to become part of the "Shenandoah Battlefields National Historic District and Commission" and be
eligible for any other federal programs that are available for the Shenandoah Valley; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward
a copy of this resolution to the President of the United States and to West Virginia's Delegation in
Congress and the Governor of West Virginia and to the Mayors and City Councils of Bolivar,
Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Sheperdstown and to the
County Commissioners of Berkeley and Jefferson Counties, West Virginia.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegate Longstreth:
H. J. R. 22 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article X thereof, relating to homestead exemption increase; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment
"; to the Committee on Constitutional Revision then the Judiciary.
Delegates Ennis and Yost offered the following resolution, which was read by the Clerk:
H. R. 18 - "Memorializing the death of one of our own past and distinguished members, Paul
R. Higgins."
Whereas,
Paul R. Higgins
was born in 1944 in Steubenville, Ohio, the sone of Dorothy
Lescallette Higgins and the late Paul L. Higgins; and
Whereas,
Paul R. Higgins
was a product of this State's Institutions of Higher Education,
graduating from West Liberty College and later obtaining his graduate degree from West Virginia
University; and
Whereas,
Paul R. Higgins
was a dedicated educator, spending 38 years teaching high school
students while, additionally, serving variously as a member of the Executive Board of the West
Virginia Education Association, the Brooke County Education Association, the National Education
Association, the West Virginia Council of Social Studies, and West Virginia Geographical Alliance;
and
Whereas,
Paul R. Higgins
shares an eternal bond and fraternal association with all of the
members of this legislative body - past and present - as he served the citizens of this state as a past
member of this House - elected in 1990 and, perhaps, serving with greatest distinction on the Route
2/Route 68 Commission; and
Whereas, The passing of the distinguished life of our fellow Delegate,
Paul R. Higgins
, into
the bottomless chasm of eternity, should not go without proper observance by this legislative body;
therefore, be it
Resolved by the Legislative of West Virginia:
That sadness and regret are hereby expressed by the members of this body at the passing of
Paul R. Higgins, educator, gentleman and statesman; a man who was devoted to his family and
dedicated to serving his community; 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 Dorothy Lescallette Higgins (Mr. Higgins' mother), Diane
Wittaker Higgins (Mr. Higgins' wife), Robert Julian Higgins (Mr. Higgins' son) and Lesli Higgins
Johnston (Mr. Higgins' daughter).
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 18) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Rodighiero, Eldridge, Ellis, Hrutkay, Shook and Reynolds:
H. B. 2993 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as
amended, to define the term 'Medicare Advantage Prescription Drug Plan' in the public employees
insurance act"; to the Committee on Health and Human Resources then Finance.
By Delegates Caputo, Boggs, Fragale, Hutchins, Ellem, Yost, Azinger, DeLong,
Longstreth and Manchin:
H. B. 2994 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-31, relating to railroad employees; and establishing criminal
penalties for interfering with medical treatment of a railroad employee injured during the course of employment"; to the Committee on the Judiciary.
By Delegates Caputo, Duke, Fleischauer, Staggers, Manchin, Marshall, Martin, Perdue,
Perry, Spencer and Hutchins:
H. B. 2995 - "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as
amended, relating to increasing the amount of annual and incremental salary increases for eligible
employees from fifty dollars to one hundred dollars"; to the Committee on Finance.
By Delegates Kessler, Burdiss, Guthrie and Martin:
H. B. 2996 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §30-2B-1, §30-2B-2, §30-2B-3 and §30-2B-4, all relating to
establishing a Doctor's Disciplinary Review Board to review the work and practice of medical and
osteopathic physicians who have five or more lawsuits filed against them; designating membership
on the board; providing duties of the board; providing mandatory reporting by hospitals and
physicians; and, requiring the board to propose legislative rules"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegate Boggs:
H. B. 2997 - "A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as
amended, relating to providing a salary increase for civilian employees of the State Police"; to the
Committee on Finance.
By Delegate Michael:
H. B. 2998 - "A Bill to amend and reenact §5-10-17 of the Code of West Virginia, 1931, as
amended, relating to mental hygiene commissioners eligibility for membership in the Public
Employees Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Overington, Blair, Carmichael, Cowles, Schadler and J. Miller:
H. B. 2999 - "A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931,
as amended, relating to establishing prevailing hourly rates to be used in connection with the
construction of public improvements; and providing appeal to county commission"; to the
Committee on Industry and Labor, Economic Development and Small Business and Small Business.
By Delegates Duke, J. Miller, Cowles, Blair, Overington, Doyle, Tabb and Wysong:
H. B. 3000 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931,
as amended, relating to providing for a ten percent cap on any increase in one year for periodic
valuations and assessments of real and personal property"; to the Committee on the Judiciary then
Finance.
By Delegates Eldridge, Klempa, Rodighiero, Ellis, Hrutkay, Stemple, Williams, Barker,
Argento, Sobonya and Paxton:
H. B. 3001 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-7d, relating to requiring that all state high schools provide
a course in hunter education, firearm and archery safety"; to the Committee on Agriculture and
Natural Resources then Education.
By Delegates Webster, Proudfoot, Stemple, Longstreth, Varner and Kominar:
H. B. 3002 - "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931,
as amended, relating to providing a penalty for violation of prohibited use of a handheld wireless
communication device while driving by a minor holding a level one instruction permit or a level two
license"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Ireland and Romine:
H. B. 3003 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2K-1, relating to providing that neither the state nor any county
may reimburse any person or entity for transporting any person to schedule, arrange or procure an
abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Shaver, J. Miller, Andes and Overington:
H. B. 3004 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-19-3b, relating to prohibiting the use of the body of an unborn
baby for any medical experimentation or scientific investigation except as necessary to diagnose a
disease or condition suspected to exist in the mother's or fetus's body; and prescribing criminal
penalties for violation of the section"; to the Committee on Health and Human Resources then the
Judiciary.
By Delegates Varner, Kominar, Stemple, Hartman, Shook, Long, Pino, Tabb, Webster,
Fleischauer and Swartzmiller:
H. B. 3005 - "A Bill to amend and reenact §8A-2-4 of the Code of West Virginia, 1931, as
amended, relating to requiring the appointment of a fireman to a county planning commission"; to
the Committee on Political Subdivisions then Government Organization.
By Delegate Morgan:
H. B. 3006 - "A Bill to amend and reenact §30-20-4 of the Code of West Virginia, 1931, as
amended, relating to limiting the number of terms a member of the Board of Physical Therapy may
serve"; to the Committee on Government Organization.
By Delegates Staggers, Eldridge, Pino and Klempa:
H. B. 3007 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-18a; and to amend said code by adding thereto a new
chapter, designated §24G-1-1, §24G-1-2, §24G-1-3, §24G-1-4, §24G-1-5, §24G-1-6, §24G-1-7,
§24G-1-8, §24G-1-9 and §24G-1-10, all relating to expanding wireless infrastructure within this
state; legislative findings and purpose; definitions; wireless infrastructure council created; council
powers and duties; long term leases of state-owned property authorized for construction, placement
and operation of wireless infrastructure; exemption from Purchasing Division requirements; lease
requirements; revolving fund created; deposits; fund use; granting Commissioner of Highways the
power of eminent domain and disbursements"; to the Committee on Industry and Labor, Economic
Development and Small Business then Finance.
By Delegate Lane:
H. B. 3008 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-7A-26u; and to amend and reenact §18A-4-2 of said code, all
relating to increasing supplemental benefits to certain teacher retirement annuitants and to increasing
teacher's salaries, both in accordance with cost-of-living increases as measured by the Consumer
Price Index in particular years"; to the Committee on Education then Finance.
By Delegates Fleischauer, Stemple, Long, Mahan, Kessler, Shook, Brown, Hrutkay,
Guthrie, Proudfoot and Fragale:
H. B. 3009 - "A Bill to amend and reenact §49-1-3 and §49-1-4 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §49-5D-2 and §49-5D-3 of said code, all
relating to defining a child advocacy center relating to abuse and neglect; defining a child advocacy
center related to child welfare in West Virginia; setting forth the role of a child advocacy center in
multidisciplinary investigative teams; and setting forth the role of a child advocacy center in multidisciplinary treatment teams"; to the Committee on the Judiciary.
By Delegates Caputo, Rodighiero, Argento, Eldridge, Ellis, Yost and Hutchins:
H. B. 3010 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §29-9-1, §29-9-2, §29-9-3, §29-9-4, §29-9-5, §29-9-6, §29-9-7,
§29-9-8, §29-9-9, §29-9-10, §29-9-11, §29-9-12, §29-9-13, §29-9-14, §29-9-15, §29-9-16, §29-9-17,
§29-9-18, §29-9-19, §29-9-20, §29-9-21, §29-9-22, §29-9-23, §29-9-24, §29-9-25, §29-9-26,
§29-9-27 and §29-9-28, all relating to the public school employment relations act; stating legislative
policy and purpose; defining certain terms; establishing a West Virginia public school employment
relations board; providing for the composition of the board, the terms of its members, and the
qualifications of the members; providing for the terms of the original appointees and the method of
filling vacancies; limiting eligibility of board members for reappointment; requiring an oath of office
and establishing a method of removal of board members; establishing procedural rules for meetings
and requiring a quorum; providing for the payment of per diem and expenses for attendance by board
members; providing for the organization of the board, the powers and duties of the board, the
employment of staff and the location of offices; granting authority to the board to promulgate rules;
defining employee and employer rights; providing for the election of exclusive representatives by
public school employees; establishing criteria for determining the appropriateness of an employee
unit for purposes of collective bargaining; establishing procedures for representation elections and
decertification of certified representatives; establishing the scope of bargaining subjects as to which
agreement may be reached; providing for written agreements; providing that all written agreements
involving costs are subject to appropriations by the appropriate legislative or governing body;
limiting the duration of agreements to three years; providing for mediation and arbitration to resolve impasses in bargaining; prohibiting strikes by public school employees; providing remedies for
prohibited strikes; defining prohibited practices; establishing a method of payroll deductions, fair
share fee payments and protections for fee payors; requiring financial reports, public records and lists
of employee organizations and exclusive representatives; and setting forth when the article shall take
precedence and when it shall be inoperative"; to the Committee on Education.
By Delegates Pethtel, Varner, Ennis, Romine, Perry and Evans:
H. B. 3011 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Division of Motor Vehicles to create and issue a 'Patriot
Guard Riders' license plate for passenger vehicles and motorcycles"; to the Committee on Roads and
Transportation then Finance.
By Delegates Craig, DeLong, Amores, Rodighiero and Caputo:
H. B. 3012 - "A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931,
as amended, relating to the Greyhound Breeding Development Fund; changing residency
requirements to two years; defining the West Virginia Greyhound Breeding Development Fund
disbursements; changing the twelve month rule related to supplemental purse awards while
providing financial incentives for whelping and consecutively housing accredited West Virginia
whelped greyhounds in West Virginia for longer than six months; requiring full and total distribution
in the following year of any carry-over balance in the purse supplemental funds; and, requiring
greyhound racing kennels a minimum number of accredited West Virginia whelped greyhounds on
their active racing list"; to the Committee on Government Organization then the Judiciary.
Special Calendar
Unfinished Business
H. C. R. 6, Urging the Supreme Court to adopt the Lawyer Advertising Commission's
recommendations to expand and amend the West Virginia Rules of Professional Conduct; coming
up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 9, Urging the Supreme Court to design and implement a process of data collection
on divorce and child custody matters; coming up in regular order, as unfinished business, was
reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 12, The Narvel Perdue Bridge; coming up in regular order, as unfinished business,
was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 15, The Travis Harless Memorial Highway; coming up in regular order, as
unfinished business, was reported by the Clerk and adopted..
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. R. 11, Creating a Select Committee on Mine Safety Issues; coming up in regular order,
as unfinished business, was reported by the Clerk and adopted.
Third Reading
H. B. 2349, Continuing the Board of Registration for Sanitarian; 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. 34),
and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2349) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2574, Continuing the Board of Social Work Examiners; 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. 35),
and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2574) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2578, Continuing current mental health parity laws for group insurance plans; 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. 36),
and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2578) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 37), and there were--yeas 96, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B 2578) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2586, Continuing the Board of Veterinary Medicine; on third reading, coming up in
regular order, was reported by the Clerk.
Delegate DeLong asked and obtained unanimous consent that the rule be suspended to permit
the offering and consideration of an amendment to the bill on third reading.
On motion of Delegate Morgan, the bill was amended on page one, by striking out everything
after the enacting clause and inserting in lieu thereof the following:
"That §30-10-20 of the Code of West Virginia, 1931, as amended, be amended and reenacted
to read as follows:
ARTICLE 10. VETERINARIANS.
§30-10-20. Continuation of the Board of Veterinary Medicine.
Pursuant to the provisions of article ten, chapter four of this code, the Board of Veterinary
Medicine shall continue to exist until the first day of July, two thousand seven seventeen, unless
sooner terminated, continued or reestablished."
Having been engrossed, 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. 38),
and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2586) passed.
On motion of Delegate Morgan, the title of the bill was amended to read as follows:
H. B. 2586 - "A Bill to amend and reenact §30-10-20 of the Code of West Virginia, 1931,
as amended, relating to continuation of the Board of Veterinary Medicine."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2587, Continuing the Board of Optometry; 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. 39),
and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2587) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2787, Creation of the Address Confidentiality Program; 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. 40),
and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2787) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2789, Authorizing the Supreme Court of Appeals to create a panel of senior status
magistrate assistants; 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. 41),
and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2789) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2791, Relating to penalties for violating peace bonds; 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. 42),
and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Campbell, Craig and Miley.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2791) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
S. B. 205, Clarifying violations of protective orders; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
H. B. 2781, Modifying the statutory limitation on the length of school buses; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Roads and Transportation , was reported
by the Clerk and adopted, amending the bill on page two, section four, line three, after the word
"bumpers", by striking out the remainder of line three and inserting in lieu thereof the following
": Provided, That a motor home and a school bus".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2800, Relating to the practice of medical imaging and radiation therapy;
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
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. 360, Extending time local levying bodies may meet,
H. B. 2204, Providing that retiring municipal police officers may keep their service revolver,
Com. Sub. for H. B. 2380, Exempting the purchase of certain drugs, durable medical goods,
etc., from the consumers sales and service tax,
Com. Sub. for H. B. 2498, Enhancing the penalty for indecent exposure where the victim
is a child under the age of fourteen,
Com. Sub. for H. B. 2801, Providing a fifty thousand dollar death benefit to the families of
firefighters and EMS personnel who are killed in the line of duty,
H. B. 2917, Repealing the requirement in the Consumers Sales and Service Tax and the
Personal Income Tax that require the accelerated payment of those taxes in the month of June,
Com. Sub. for H. B. 2955, Continuing a flat-rate excise tax on motor fuel at $.205,
H. B. 2988, Relating to the West Virginia Tax Procedure and Administration Act,
H. B. 2989, Relating to certain tax shelters used to avoid paying state income taxes,
H. B. 2990, Making technical corrections to assure the proper collection of offset fees,
H. B. 2991, Authorizing the Tax Commissioner to conduct criminal record checks of
prospective employees of the Tax Division,
And,
H. B. 2992, Decreasing the health care provider tax imposed on gross receipts of providers
of nursing facility services.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Campbell, Craig and Miley.
Remarks of Members
Delegate Armstead addressed the House on todays' being the 198th anniversary of the birth
of President Abraham Lincoln, and at the conclusion thereof, Delegate Perdue asked and obtained
unanimous consent that the remarks of Delegate Armstead be printed in the Appendix to the Journal.
At 12:01 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 13,
2007.