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Friday, February 16, 2007

THIRTY-EIGHTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 10:00 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 15, 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. 2617, Administration, cannibalization of state property,
H. B. 2690, Tax department, abusive tax shelters,
And,
H. B. 2691, Tax department, reduced sales tax on food,
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. 2617, H. B. 2690, H. B. 2691) 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. 2618, Administration, waste disposal of state property,
H. B. 2619, Administration, state funds and grants,
And,
H. B. 2677, Racing Commission, thoroughbred racing,
And reports the same back with the recommendation that they 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. 2618, H. B. 2619 and H. B. 2677) were each referred to the Committee on the Judiciary.
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. 14, Requesting the Joint Committee on Government and Finance to study the state of the delivery of health care in West Virginia,
H. C. R. 18, Lance Corporal James "Jimmy" Sargent Memorial Bridge,
H. C. R. 22, Designating the River City Youth Ballet Ensemble as the Official West Virginia State Youth Ballet,
H. C. R. 28, Requesting the Joint Committee on Government and Finance to study the potential revenue generating system referred to as the "automatic transaction fee",
H. C. R. 29, Requesting the Joint Committee on Government and Finance to study the establishment of partnerships between the state's colleges and employers,
And reports the same back with the recommendation that they each be adopted.
On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Morgan, Martin, Argento, Cann, Hartman, Hutchins, Palumbo, D. Poling, Staggers, Swartzmiller and Andes:

H. B. 3117 - "A Bill to amend and reenact §21-11-6 of the Code of West Virginia, 1931, as amended, relating to clarifying that contractors must have a state contractors license in order to submit a bid with the state of West Virginia."
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2048, Clarifying public library board service areas as determined by the Library Commission,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2048 - "A Bill to amend and reenact §10-1-5 of the Code of West Virginia, 1931, as amended, relating to clarifying public library board service areas as determined by the Library Commission; and providing for appointment of members at large from the service area."
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2596, Counseling, WV Board of Examiners, license renewal and continuing education requirements,
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 (H. B. 2596) was referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2629, Counseling, licensing rule,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2629) was referred to the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2253, Providing certain correctional officers be transferred into the civil service system as covered employees,
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. 2253) 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. 2804, Eliminating time schedules for utility relocation on highway projects,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2804 - "A Bill to amend and reenact §17-4-17b of the Code of West Virginia, 1931, as amended, relating to time schedules for utility relocation on highway projects; placing liability and costs on the utility company for failure to comply with proper removal notice; allowing the division of highways to reimburse utility companies for subsequent relocations due to plan change after a project is let to construction; and providing for meetings between division of highways and utilities,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2544, Increasing the penalty for driving under the influence causing death,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2544 - "A Bill to amend and reenact §17C-5-2 of the code of West Virginia, 1931, as amended, relating to increasing the penalty for conviction of the offense of driving under the influence causing death,"
With the recommendation that the committee substitute 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:
H. B. 2876, Authorizing local governments to participate in a purchasing card program by the State Auditor,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2876) was referred to the Committee on Government Organization.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2709, Requiring the installation of fire hydrants at intervals of not more than every two thousand feet on all new installation of water mains,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2709) 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:
H. B. 3036, Reforming, altering and modifying the county commission of Hampshire County,
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 (H. B. 3036) was referred to the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2550, Ensuring that members of the West Virginia State Police, who are called back to work when off-duty, are to be compensated for those hours,
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. 2550) was referred to the Committee on Finance.
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:
H. B. 2866, Requiring public notice of state plan amendments prior to submission and increasing the membership of the Medicaid Advisory Board,
H. B. 2933, Exempting for nursing licensing provisions the care of the sick when done in connection with the practice of religious tenets,
And,
H. B. 3057, Relating to programs for all-inclusive care of the elderly, known as "PACE",
And reports the same back with the recommendation that they each do pass, 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 (H. B. 2866, H. B. 2933 and H. B. 3057) 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:
H. B. 3056, Authorizing pharmacists to administer immunizations,
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 (H. B. 3056) was referred to the Committee on the Judiciary.
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. 399 - "A Bill to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-6, §17B-2-7 and §17B-2-8 of the Code of West Virginia, 1931, as amended, all relating to the issuance of driver's licenses; disposition of surrendered licenses; removing an obsolete provision related to the issuance of a driver's license without a photo; providing for the use of a passport in lieu of a birth certificate; and requiring an applicant to pay a fee for each attempt at the written examination prior to obtaining an instruction permit"; which was referred to the Committee on Roads and Transportation then the Judiciary.
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. 38 - "Urging the President of the United States and Congress to repeal the Real ID Act of 2005."
Whereas, The federal Real ID Act of 2005 mandates an unfunded national driver's license on the people of West Virginia; and
Whereas, Implementation of the Real ID Act would cost West Virginia taxpayers approximately $65 million; and
Whereas, The Real ID Act national database will invite theft of identity and invasion of privacy; and
Whereas, The Real ID Act will impose inconveniences and higher taxes on West Virginians with no attendant benefit such as protection from terrorism; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the President of the United States and Congress to repeal the Real ID Act of 2005; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of the United States, the Secretary of Homeland Security, the Governor of West Virginia, the President of the United States Senate, the Speaker of the United States House of Representatives and each member of West Virginia's congressional delegation.
Resolutions Introduced

Delegates Perdue, Argento, Blair, Duke, Hutchins, Iaquinta, Klempa, Kominar, Martin, Miley, Moore, Pethtel, Porter, Schadler, Staggers, Tucker and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 36 - "Requesting the Joint Committee on Government and Finance to appoint a select interim committee to study health care reform options, including measures to improve the health status of West Virginians, measures to reduce the cost of health care, and options for extending health care insurance to uninsured West Virginians."
Whereas, West Virginia citizens engage in some of the unhealthiest lifestyles in the United States. For example, in 1990, the West Virginia rate of adult obesity was 15.0%, compared with a U.S. rate of 11.6%. By 2000, the state rate was 23.2% nationally. Being overweight or obesity are known risk factors for heart disease, diabetes, hypertension, gallbladder disease, osteoarthritis, sleep apnea and other breathing problems, and some cancer (uterine, breast, colorectal, kidney and gallbladder); and
Whereas, West Virginia has one of the highest rates of tobacco use in the United States with 27.3% of West Virginians who smoke and 7.7% who use smokeless tobacco; and
Whereas, West Virginia ranked first in the United States in the prevalence of hypertension with more than a third of adults (33.6%) having been diagnosed with high blood pressure; and
Whereas, Fewer than two in ten West Virginians consume the recommended five servings of fruits and vegetables per day one of the lowest ranking in the country; and
Whereas, West Virginia ranked first in the United States in the prevalence of arthritis at 37.2% of the population; and
Whereas, The inflationary cost of health care exceeds growth in wages and exceeds the overall rate of inflation; and
Whereas, The high cost of health care has forced employers, particularly small employers, to drop health insurance coverage for their employees; and
Whereas, West Virginia has one of the highest percentage of West Virginians who are uninsured according to the United States Census Bureau with 322,000 West Virginians uninsured for all of 2005, an increase of 11% over the previous year; and
Whereas, The American College of Physicians have determined that "uninsured Americans tend to live sicker and die earlier than privately insured Americans," and the Institute of Medicine has concluded that 18,000 uninsured Americans die prematurely each year; and
Whereas, The uninsured delay seeking treatment, have their illness diagnosed at a more advanced stage, and are frequently treated in the most expensive settings possible, i.e., emergency rooms and hospitals; and
Whereas, West Virginia hospitals in 2005 provided slightly more than half a billion dollars in uncompensated health care, increasing the cost of health care to privately insured West Virginians; and
Whereas, The state insurance programs may not pay cost of the health care provided to their insured by physicians and hospitals, further increasing the cost of health care to privately insured West Virginians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby request the Joint Committee on Government and Finance to appoint a select interim committee to study health care reform options, including measures to improve the health status of West Virginians, measures to reduce the cost of health care, and options for extending health care insurance coverage to uninsured West Virginians; and, be it
Further Resolved, That the Select Committee on Health Care will report to the 2008 regular session of the Legislature on its findings, conclusions and recommendations, including drafts of any 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 all reports and draft legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Delegates Caputo, Guthrie, Webster, Paxton, Doyle, Reynolds, Perdue, Fragale, Hrutkay, Moore, Fleischauer, Wells, Crosier, Hatfield, Amores, Argento, Barker, Brown, Burdiss, Marshall, Miley, Spencer, Staggers, Talbott and Varner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 37 - "Disapproving of the decision by George W. Bush, President of the United States, announced on January 10, 2007, to deploy more than 20,000 additional United States combat troops to Iraq."
Whereas, The Legislature and the citizens of West Virginia will continue to support and protect the members of the United States Armed Forces who are serving or who have served bravely and honorably in Iraq; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby disapproves of the decision by George W. Bush, President of the United States, announced on January 10, 2007, to deploy more than 20,000 additional United States combat troops to Iraq; 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 George W. Bush, President of the United States, to each member of the West Virginia Congressional Delegation, and to all Members of the United States Congress.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Overington, Fleischauer, Sobonya, Andes, C. Miller, Hutchins, Perdue, Beach, Martin, Staggers and Shook:

H. J. R. 24 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article ten thereof, relating to freezing the homestead exemption when a person is age sixty-five or older and applies for the exemption unless the person adds significant value through improvements to the home or secures a loan using the home as collateral; 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.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Moore and Craig:
H. B. 3097
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5-10B-3a and §5-10B-10a; to amend and reenact §11-21-12 of said code; and to amend and reenact §36-8-13 of said code, all relating to government employees deferred compensation plans; authorizing automatic enrollment in a plan; authorizing a matching contribution program; establishing matching program term; establishing qualifications for participation; limiting the match to twenty-five percent of employee contributions at a maximum of one hundred dollars per year, not to exceed four hundred dollars over the life of the matching program; establishing the Deferred Compensation Matching Fund; specifying that operation of a matching program is contingent upon funding by the Legislature and may be changed or discontinued at any time for a time certain or indefinitely; specifying that disbursements from the matching fund may not exceed one million dollars in any one fiscal year; allowing earnings to accrue to the matching fund; authorizing a reduction of adjusted gross income by up to two thousand dollars per year of benefits received under the West Virginia government employees deferred compensation plan for personal income tax purposes; requiring the unclaimed property administrator to transfer three million dollars from the unclaimed property trust fund to the matching fund on or before the first day of June, two thousand seven, and one million dollars on or before the first day of June, two thousand eight"; to the Committee on Finance.
By Delegates Walters and Azinger:
H. B. 3098
- "A Bill to amend and reenact §18-30-2 and §18-30-9 of the Code of West Virginia, 1931, as amended, all relating to allowing a tax deduction for all prepaid tuition contracts or college savings plan regardless of whether they are administered by the board of the college prepaid tuition and savings program"; to the Committee on Education then Finance.
By Delegate Ellem:
H. B. 3099
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring that every woman seeking an abortion be given the opportunity to see an ultrasound image of the fetus; prescribing a criminal penalty for violations of the section; and providing nothing in the section that can be construed as approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Reynolds, Craig, Morgan, Stephens, Sobonya and C. Miller:
H. B. 3100
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5, §11-13W-6, §11-13W-7, §11-13W-8, §11-13W-9 and §11-13W-10, all relating to providing a tax incentive for production companies; providing tax credits for private resident investors; providing for motion picture infrastructure development; and providing for related matters"; to the Committee on Finance.
By Delegates Brown, Hrutkay, Hatfield, Guthrie and Spencer:
H. B. 3101
- "A Bill to amend and reenact §52-1-11 of the Code of West Virginia, 1931, as amended, relating to providing an exemption from jury service for breast-feeding mothers"; to the Committee on the Judiciary.
By Delegate Talbot:
H. B. 3102
- "A Bill to amend and reenact §49-5D-2 of the Code of West Virginia, 1931, as amended, relating to the investigation and prosecution of cases involving child abuse and neglect generally; authorizing temporary protective custody for children in order to safely conduct child advocacy center interviews"; to the Committee on the Judiciary.
By Delegates Iaquinta, Hartman, Shook, Talbott, Perry and Tabb:
H. B. 3103
- "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to persons who do not qualify for professional certificates who are issued certificates to serve in the public schools as athletic coaches or other extracurricular activities coaches; and removing certain limitations on this service when certain conditions are met"; to the Committee on Education then the Judiciary.
By Delegates Doyle, Fleischauer, Klempa and Marshall:
H. B. 3104
- "A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended, relating to a severance tax imposed on surface mining activities; proceeds dedicated to surface mine reclamation fund"; to the Committee on Finance.
By Delegates Sumner, Sobonya and Andes:
H. B. 3105
- "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 Delegates Webster, White, Fragale, Long, Moore, Hrutkay, Brown, Tabb, Miley, Fleischauer and Guthrie:

H. B. 3106
- "A Bill to amend and reenact §51-2A-3 and §51-2A-5 of the Code of West Virginia, 1931, as amended; relating to family courts; realigning family court districts; and increasing the number of family court judges"; to the Committee on the Judiciary then Finance.
By Delegates C. Miller and Andes:
H. B. 3107
- "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 all high schools to teach fetal development; and providing that nothing contained in this section can be construed as approving of abortion"; to the Committee on Education then the Judiciary.
By Delegates Sobonya, Moye, Stephens, C. Miller and Reynolds:
H. B. 3108
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across state lines to obtain an abortion without written consent by both parents, and providing for a penalty"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Sobonya, Rowan, Stephens and Reynolds:
H. B. 3109
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-8G-1, §61-8G-2, §61-8G-3, §61-8G-4, §61-8G-5, §61-8G-6 and §61-8G-7, all relating to the operation and activities of sexually oriented businesses; criminal penalties"; to the Committee on the Judiciary.
By Delegates Sobonya, Reynolds, Craig, Morgan, C. Miller, Stephens and Duke:
H. B. 3110
- "A Bill to amend and reenact §49-6A-8 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for failing to report child abuse"; to the Committee on the Judiciary.
By Delegates Perdue and Sobonya:
H. B. 3111
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §27-1B-1, §27-1B-2, §27-1B-3, §27-1B-4, §27-1B-5 and §27-1B-6, all relating to treatment for drug and alcohol addiction; setting forth certain legislative findings; providing a procedure for extended involuntary treatment programs; setting forth certain rights of persons subject to involuntary treatment; requiring certain findings; limiting persons who may petition for involuntary commitment; requiring guaranteed payment; providing for a court hearing; and requiring certain reports to be filed with the Governor and the Legislature"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Campbell and Canterbury:
H. B. 3112
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C-5, §19- 20C-6, §19-20C-7 and §19-20C-8, all relating to providing for the Dangerous Dog Act; defining terms; providing for the determination of a potentially dangerous dog; providing for the determination of a dangerous dog; providing exceptions; providing consequences of a dangerous or potentially dangerous dog determination; providing registration and handling requirements for dangerous and potentially dangerous dogs; setting forth responsibilities of owners of dangerous and potentially dangerous dogs; and providing criminal and civil penalties"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Perdue, Fleischauer, Hatfield, Brown, Amores, Manchin, Palumbo, Canterbury, Hutchins and Browning:

H. B. 3113
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-1F-1, §5-1F-2, §5-1F-3, §5-1F-4 and §5-1F-5, all relating to the Medical Cost Containment Act; creating the Governor's Health Care Partnership Council; prescribing duties for the Council; providing for the review of new technologies; and providing for advanced directives of living wills, medical powers of attorney and combined medical powers of attorney and living wills"; to the Committee on Finance.
By Delegates Craig and Frederick:
H. B. 3114
- "A Bill to amend and reenact §22A-1-1 and §22A-1-31 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §22A- 11-1, §22A-11-2, §22A-11-3, §22A-11-4, §22A-11-5, §22A-11-6, §22A-11-7, §22A-11-8, §22A-11- 9, §22A-11-10, §22A-11-11, §22A-11-12, §22A-11-13 and §22A-11-14; and to amend and reenact §23-4-2 of said code, all relating generally to the creation and implementation of drug-free workplaces in coal mines; requiring Office of Miners' Health Safety and Training to ensure drug-free workplaces in the mining industry; adopting procedures for the suspension or revocation of miners' certification upon proof of confirmed positive drug tests; requiring breach of duty hearings to be held within twenty days; establishing process and conditions for reissuance of miners' certification; authorizing Director of Office of Miners' Health Safety and Training to require all operators to adopt drug-free workplaces programs at coal mines; assessment of fee for costs; requiring employers to pay for cost of drug tests for employees; providing for definitions; requiring all companies providing safety-sensitive services to mine operators to have drug-free workplace program for certain employees; providing immunity from wrongful discharge lawsuits for employers who implement program; implementing process for drug testing and appellate procedure; permitting the Office of Miners' Health Safety and Training to require drug and alcohol test in serious mine accidents of certain persons; requiring alcohol and drug tests on all mine fatalities; requiring applicants for additional certifications to be certified drug free; ensuring substance abuse training; requiring minimum level of alcohol and substance abuse training and proof of being drug and alcohol free for certification; requiring proof of drug and alcohol free for applicants as apprenticeship miner or miner certification; requiring Office of Miners' Health Safety and Training to provide drug testing program for apprentices; providing for cost reimbursement or acceptance of results of certain other drug tests; providing for confidentiality of drug test results and exemption from the West Virginia Freedom of Information Act; allowing for release by consent or compulsion by court order; establishing relevancy to legal claim asserted by applicant; prohibiting use of results in criminal proceedings against applicant; requiring substance abuse awareness training for emergency medical services personnel in mines; providing for severability; and modifying rights of certain employees to receive indemnity benefits and common law right to sue where accident proximately caused by employee's intoxication"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Michael (By Request):
H. B. 3115
- "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 'Sons of the Confederacy' license plate"; to the Committee on Roads and Transportation then Finance.
By Delegates Stephens, Sobonya, J. Miller, C. Miller, Andes, Eldridge, Sumner and Moye:

H. B. 3116
- "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 issue a 'Choose Life' license plate displaying the 'Choose Life' logo"; to the Committee on Roads and Transportation then Finance.
Special Calendar

Unfinished Business

At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
H. C. R. 4, Rodney Morgan and Rodney "Ronnie" Staton Memorial Bridges; coming up in regular order, as unfinished business, was read 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.
Third Reading

Com. Sub. for H. B. 2206, Prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog without the permission of the owner; 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. 78), and there were--yeas 92, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick, Hutchins, Mahan and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2206) 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. 2575, Relating to commercial driver's licences;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. 79), and there were--yeas 91, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick, Hutchins, Mahan and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2575) 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. 2712, Regarding whether a bank's application to establish a branch presents a significant supervisory concern or significant legal or policy issue; 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. 80), and there were--yeas 92, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick, Hutchins, Mahan and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2712) 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. 2741, Relating to worthless checks; 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. 81), and there were--yeas 92, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick, Hutchins, Mahan and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2741) 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. 2745, Increasing the fine for furnishing alcohol to persons under 21 years of age; 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. 82), and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick, Mahan and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2745) 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. 2825, Eliminating the provision that allowed private clubs segregated on the basis of race or color to obtain a license to sell alcoholic beverages; 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. 83), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2825) 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. 2956, Relating to civil actions filed in the courts of the state; 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. 84), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2956) 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. 2718, Relating to local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks;on third reading, coming up in regular order, was read a third time.
Approximately two hours of debate transpired prior to the vote on the passage of the bill.
Delegates DeLong, Andes and Schoen requested to be excused from voting on the passage of Com. Sub. for H. B. 2718 under the provisions of House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The Clerk announced that the following had paired in accordance with House Rule 43:
Paired:
Schadler (Yea)
Duke (Nay),

Perdue (Yea)
Cann (Nay)

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 85), and there were--yeas 53, nays 40, paired 4, absent and not voting 2, with the nays, paired and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Boggs, Border, Campbell, Canterbury, Carmichael, Cowles, Craig, Ellem, Ennis, Hamilton, Hartman, Iaquinta, Ireland, Kessler, Lane, Mahan, Miley, Miller, C, Miller, J, Moye, Overington, Palumbo, Pino, Porter, Reynolds, Rodighiero, Rowan, Schoen, Sobonya, Stephens, Sumner, Tabb, Tansill and Williams.
Paired:
Schadler (Yea)
Duke (Nay),

Perdue (Yea)
Cann (Nay)

Absent And Not Voting: Frederick and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2718) passed.
Delegate Frederick submitted a written request that the Journal record his preference as voting "Nay" on the passage of the bill, had he been present for today's session.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2178, Providing criminal penalties for persons convicted of human trafficking and involuntary servitude offenses,
Com. Sub. for H. B. 2790, Authorizing magistrate courts to assess a fee for record searches,
Com. Sub. for H. B. 2840, Relating to transportation of wildlife outside of the state,
And,
Com. Sub. for H. B. 2972, Relating to electronic voting systems; requiring the ballot to be clearly marked or punched for a write-in position.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 2772, Ensuring the Public Employees Insurance Agency will continue and maintain medical and prescription drug coverage for medicare eligible retired employees,
And,
Com. Sub. for H. B. 2875, Providing a procedure in which to fill a vacancy on a county commission in the event the remaining commissioners cannot agree.
Delegate Hutchins announced that he was absent when the votes were taken on Roll Nos. 78 through 81, and that had he been present, he would have voted "Yea" thereon.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Duke, Frederick and Walters.
At 12:29 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 19, 2007.