_________*__________
Monday, February 19, 2007
FORTY-FIRST 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 16, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the 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.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
S. C. R. 10, Requesting state and federal government recognize Berkeley and Jefferson
counties as part of historic Shenandoah Valley,
And reports the same back with the recommendation that it be adopted.
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. 2748, Relating to the receipt and transfer of scrap metal,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2748 - "A Bill to amend and reenact §61-3-49 of the Code of West
Virginia, 1931, as amended, relating to the receipt and transfer of scrap metal; imposing of additional
reporting and record retention requirements for certain purchasers of nonferrous metal or steel
railroad track and track material; clarifying procedure by which law enforcement officers authority
may take custody of items made of such metals upon reasonable belief that a crime had been
committed; providing for the inspection of records and materials by investigators employed by public
utilities and railroads; providing for the return of such metals under certain conditions; and
increasing criminal penalties for violations,"
H. B. 2764, Establishing criminal history checks for applicants for insurance producer
licenses,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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; requiring applicants to submit to criminal
history records checks; authorizing Insurance Commissioner to establish and collect fees; requiring
the Insurance Commission to transmit requests 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,"
And,
H. B. 2932, Protecting incapacitated persons and the elderly,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2932 - "A Bill to amend and reenact º61-2-29 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated
º61-2-29a, º61-2-29b, º61-2-29c and §61-2-29d, all relating to protecting incapacitated persons and
the elderly; defining terms; increasing the penalty for abuse or neglect; establishing offenses and
penalties for death by refusal or failure to supply necessities; establishing the offenses and penalties
for death by abuse or neglect; and establishing offenses and penalties for sexual assault and abuse,"
With the recommendation that the committee substitutes each do pass.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 3022, Exempting motor vehicles in funeral processions from the requirement to pay
tolls on parkway projects,
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. 3022) was referred to
the Committee on Finance.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 3016, Making the fine for failure to wear a seat belt a flat fine of twenty-five dollars,
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. 3016) 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. 2711, Providing that fire officers may use adjacent property to prevent fire from
spreading,
And,
H. B. 2537, Establishing county and municipal authorities to provide for and maintain
facilities to house Child Advocacy Centers,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2711 and H. B. 2537)
were each 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. 2831, Relating to the transfer of development rights; eliminating the five year
ordinance waiting period,
And reports the same back, with title amendment, with the recommendation that it do pass,
and with the recommendation that second reference of the bill to the Committee on Judiciary be
dispensed with.
In the absence of objection, reference of the bill (H. B. 2831) to the Committee on the
Judiciary was abrogated.
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. 2216, Expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members,
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 2216) to the Committee on the
Judiciary was abrogated.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2776, Relating to the West Virginia Residential Mortgage Lender, Broker and Servicer
Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2776 - "A Bill to amend and reenact §31-17-1 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; and
permitting the commissioner to enter into information sharing agreements with other mortgage
regulators,"
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. 2568, Extending the sunset provision regarding racial profiling analysis.,
H. B. 3018, Limiting the duplication of publication costs in the administration of certain
estates,
H. B. 3025, Removing the ten year limitation on executing liens for child support,
And,
Com. Sub. for S. B. 148, Providing breast feeding not considered public indecency,
And reports the same back with the recommendation that they each do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2120, Prescribing minimum standards for municipal judges.
Delegate DeLong asked and obtained unanimous consent that further consideration of the bill
be passed over temporarily.
At the further request of Delegate DeLong, and by unanimous consent, the House of
Delegates proceeded to the Seventh Order of Business for the purpose of introducing resolutions.
Resolutions Introduced
Delegate Wells and all other members of the House offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 38 - "Naming the bridge over 40th Street in the Town of Nitro on Interstate 64
between mile posts 45 and 46 in memory of Staff Sergeant Robert F. White."
Whereas, Robert F. White was born on February 20, 1971, in Cross Lanes, West Virginia,
and later graduated from Nitro High School; and
Whereas, Robert F. White enlisted in the United States Army and received basic combat
training and advanced individual training at Fort Benning, Georgia; and
Whereas, After honorably completing his original enlistment commitment, he reenlisted and
was assigned to various locations, including Camp Greaves in South Korea where he served as a
Squadron Leader with Bravo Company, first Battalion, 506th Infantry, 2nd Division, attaining the rank
of Staff Sergeant; and
Whereas, Staff Sergeant Robert F. White's last assignment was to Alpha Company, 1st
Battalion, 325th Air, 82nd Airborne, where he held the position of Weapons Squadron Leader and was
deployed in support of "Task Force Gun Devil" to Kandahar Airfield, Afghanistan; and
Whereas, Staff Sergeant White, while in Kandahar Province in Afganhistan, led his
squadron on numerous joint United States and Afghanistan company missions and combat patrols
on which he displayed uncommon leadership and valor resulting in the capture of anti-coalition
forces as well as improvised explosive devices, other weapons and drug caches; and
Whereas, On the 26th day of September, 2005, Staff Sergeant White, while in the prime of
his life and in the line of duty for this country, was mortally wounded by enemy forces - paying the
ultimate price, leaving behind his beloved wife, Cathy and his beloved son, Zachary; and
Whereas, This truly patriotic man has been recognized for his exceptionally meritorious
service, tireless work, dedication to the mission and professional excellence in service to his country
- in support of "Operation Enduring Freedom" as well as many other compellingly essential missions
to the security of our nation, receiving variously the Purple Heart, the Bronze Star, the Meritorious
Service Medal, the Army Achievement Medal, the Army Good Conduct Medal, the Global War on
Terrorism Medal, the National Defense Service Medal, the Afghanistan Campaign Medal, the
Korean Defense Service Medal and a multitude of other commendations for his exceptional
dedication and service; therefore, be it
Resolved by the Legislature of West Virginia:
That the bridge over 40th Street in the Town of Nitro on Interstate 64 between mile posts 45
and 46 be named the "Staff Sergeant Robert F. White Bridge" in memory of this dedicated patriot
who paid the ultimate price for his country; and, be it
Further Resolved, That the Division of Highways is hereby directed to erect signs at the
entrance of each end of the subject bridge, proclaiming the name of the bridge in prominent lettering
as "The Staff Sergeant Robert F. White Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to Staff Sergeant White's wife Cathy and son Zachary White of Hope Mills, North
Carolina, his parents, Stan and Shirley White of Cross Lanes, West Virginia, his brothers, William
H. White, Jr. Of Hampton, Virginia, and Andrew White of Cross Lanes, West Virginia, his sisters, Phyllis White-Sellards of Huntington, West Virginia, Christina White of Cross Lanes, West Virginia,
his paternal grandmother, Eva Mae White of Chesapeake, West Virginia, and to the Division of
Highways.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Doyle, Rodighiero, Eldridge and Moye:
H. J. R. 25 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section 24, article VI thereof, relating to the procedure for appointing a member when
necessary to replace an elected or appointed member; 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.
Mr. Speaker, Mr. Thompson, and all other members of the House offered the following
resolution, which was read by the Clerk:
H. R. 23 - "Recognizing the heroic service of America's veterans and commemorating
Veterans' Appreciation Day at the House of Delegates."
Whereas, From the Revolutionary War to recent struggles, America's men and women have
continued to rise beyond the call of duty in order to both preserve the freedom of the United States
and to help maintain sovereignty throughout the world; and
Whereas, Of the 25 million veterans currently alive, nearly three of every four veterans have
served during a war or an official period of hostility - about a quarter of the Nation's population; and
Whereas, Per capita, more citizens from West Virginia have served in our Nation's armed
forces than from any other state in the union; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians
have paid the ultimate price for freedom with their lives with thousands more brave West Virginians
being wounded in battle; and
Whereas, This legislative body is proud to honor and pay homage to those West Virginia veterans who have served, and those who are currently serving, in harm's way to protect American
democracy from the threat of terror; and
Whereas, This legislative body wishes to convey its gratitude and recognition to those brave
West Virginians who have faced the opposition, been wounded and even given their lives in the
name of freedom; and
Whereas, All veterans deserve our thanks and praise for their selfless sacrifices, service and
dedication. The significance of what these men and women of the armed forces have provided to the
citizens of this Nation should never be understated; and
Whereas, This legislative body is proud to espouse the goal set for us by President John F.
Kennedy who said, "Our goal is not the victory of might, but the vindication of right; not peace at
the expense of freedom, but both peace and freedom, here in this hemisphere, and around the world.
God willing that goal will be achieved"; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the heroic service and sacrifice of America's
veterans; and, be it
Further Resolved, That the Clerk of the House prepare a certified copy of this resolution for
the West Virginia Division of Veterans Affairs.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 23) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Delegates Brown, Amores, Palumbo, Hatfield, Guthrie, Wells, Rodighiero and Spencer
offered the following resolution, which was read by the Clerk.
H. R. 24 - "Honoring the centennial of United Parcel Service of America, Inc, (UPS) and
recognizing the contributions of the company to the citizens of West Virginia."
Whereas, On the twenty-eighth day of August, 2007, UPS will celebrate its one hundredth
birthday; and
Whereas, UPS has served West Virginia since 1964 and today employs over nine hundred
employees and operates eleven facilities across the state; and
Whereas, Each day, thirteen thousand and seven hundred citizens of West Virginia utilize
the express delivery and specialized transportation and logistics services that UPS provides; and
Whereas, UPS delivers more than one hundred thirty thousand packages every day to
customers across West Virginia, connecting people, communities and businesses; and
Whereas, The services UPS provides connects the people of West Virginia to more than 200
countries through its expansive transportation network that truly synchronized global commerce; and
Whereas, UPS has contributed more than six hundred seventy thousand dollars to
philanthropic endeavors in the state of West Virginia since 1995, reflecting the company's emphasis
on community service and citizenship; and
Whereas, UPS will continue to both provide a substantial economic impact to the people
of West Virginia and focus on cultivating deep partnerships with the communities it serves;
therefore, be it
Resolved by the House of Delegates:
That the House of Delegates commemorates the one hundredth anniversary of UPS; and, be
it
Further Resolved, That the House of Delegates hereby recognizes and celebrates the
contributions of UPS to the people of West Virginia both economically and philanthropically.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 24) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Messages from the Senate
Having been passed over temporarily in earlier proceedings, Com. Sub. for H. B. 2120,
Prescribing minimum standards for municipal judges, was, on motion of Delegate DeLong taken
up for further consideration.
The following Senate amendment was reported by the Clerk:
On page four, section two, lines forty seven through fifty-one, by striking out the words
"municipal judges may attend any authorized training session or seminar for county magistrates,
which shall be credited toward the continuing education requirement contained in this subsection:
Provided, however, That".
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 86),
and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being
as follows:
Absent and Not Voting: Campbell, Cann, Ellem, Hatfield, Manchin, Miley, Perdue and
Stephens.
So, a majority of the members elected having voted in the affirmative, the Speaker declared
the bill (Com. Sub. for H. B. 2120) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
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. 2285, Updating the meaning of federal adjusted gross and certain other terms used in
West Virginia Personal Income Tax Act.
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:
Com. Sub. for H. B. 2314, Updating the meaning of "federal taxable income" and certain
other terms used but not defined in the West Virginia Corporation Net Income Tax Act.
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. 104 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §5-10D-9, relating to when the Consolidated Public Retirement Board
shall pay annuities; which was referred to the Committee on Finance.
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. 105 - "A Bill to amend and reenact §7-14E-2 of the Code of West
Virginia, 1931, as amended, relating to imposing a surcharge on county commissions for delinquent
payment of fees due the Deputy Sheriff Retirement Fund"; which was referred to the Committee on
Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
S. B. 142, Providing penalty for illegally possessing, possessing with intent to distribute or
distributing an iodine matrix.
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. 204 - "A Bill to amend and reenact §52-1-17 of the Code of West Virginia, 1931, as
amended, relating to assessing the cost of petit juries in magistrate court"; which was referred to the
Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 206 - "A Bill to amend and reenact §62-11C-9 of the Code of West Virginia, 1931, as
amended, relating to assessing court costs for participants in pretrial diversion programs"; which was
referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 382 - "A Bill to amend and reenact §5-10-48 of the Code of West
Virginia, 1931, as amended, relating to reemployment of public employee retirees after retirement;
and allowing retired employees of the Supreme Court of Appeals who have retired on senior status
to draw both their public employee retirement benefits and temporary or per diem compensation
from the Supreme Court of Appeals of up to twenty thousand dollars per year"; which was referred
to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 454 - "A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as
amended; to amend and reenact §5B-2B-6 and §5B-2B-9 of said code; to amend and reenact §5F-2-1
of said code; and to amend and reenact §21A-1-4 of said code, all relating to the Bureau of
Employment Programs; changing the agency name from the Bureau of Employment Programs to
Workforce West Virginia; revising the divisional structure within the agency; and providing that
Workforce West Virginia shall provide administrative and other services to the West Virginia
Workforce Investment Council"; 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. 489 - "A Bill to amend and reenact §5B-2B-4 and §5B-2B-6 of the Code of West Virginia, 1931, as amended, all relating to reports to the Legislative Oversight Commission on Work
Force Investment for Economic Development generally; and requiring copies of memoranda of
understanding with one-stop centers and data regarding the success of linking PROMISE scholarship
graduates with West Virginia employers as part of the reports"; 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
Com. Sub. for S. B. 512 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §62-6-8, relating to prohibiting law-enforcement officers
or prosecutors from asking or requiring an adult, youth or child victim of an alleged sexual offense
to submit to a polygraph examination or other truth-testing device as a condition for proceeding with
the investigation of the offense; and precluding declination to investigate or prosecute for a refusal
to undergo such testing"; 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. 530 - "A Bill to amend and reenact §3-1-35 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §3-4A-20 of said code, all relating to providing that a political
party may authorize a voter not affiliated with a political party or who is not an adherent to any party
appearing on the ballot in the general election to vote in its party's primary"; 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. 531 - "A Bill to amend and reenact §31D-5-504 of the Code of West Virginia, 1931, as amended, relating to the process of filing with the office of the Secretary of State service of
process on corporations in class action suits"; 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
Com. Sub. for S. B. 539 - "A Bill to amend and reenact §7-14D-2, §7-14D-9 and §7-14D-11
of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement
System; clarifying annuity starting date; retirement benefits; and commencement of benefits"; which
was referred to the Committee on Finance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Kominar and Moore:
H. B. 3118 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-2-3a; and to amend and reenact §33-2-7 and §33-2-19 of said
code, all relating to investigations of violations of insurance laws; clarifying that the Insurance
Commissioner may investigate noncriminal violations; authorizing use of Class A registration plates;
clarifying that immunity granted in certain cases applies to criminal prosecutions only; and clarifying
the authority and duties of the Insurance Commissioner with regard to information obtained during
investigations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Moye, Kessler, Shook, Stagers, Rodighiero and Sumner:
H. B. 3119 - "A Bill to amend and reenact §8-6-4 of the Code of West Virginia, 1931, as
amended, relating to requiring a public hearing and county commission approval before state
highways and other public lands can be annexed by a municipality pursuant to an annexation
petition"; to the Committee on Political Subdivisions then the Judiciary..
By Delegates Browning, Burdiss, Ellis, Frederick, Hrutkay, Kominar, Long, Moore, Porter, Rodighiero and White:
H. B. 3120 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §22-15-9a, relating generally to solid waste facilities; providing
procedure to allow certain facilities to handle up to one hundred thousand tons of solid waste per
month; providing solid waste assessment fee; specifying when special solid waste assessment fee
applies in lieu of regular fees and how it is to be administered, collected, enforced, and paid; and
dedicating use of special assessment fee proceeds for certain purposes"; to the Committee on the
Judiciary.
By Delegates Shook, Beach, Fleischauer and Marshall:
H. B. 3121 - "A Bill to amend and reenact §8-12-5 of the Code of West Virginia, 1931, as
amended, relating to municipalities generally; providing for the licensing of the business of renting
and leasing residential rental property; and providing for due process for persons adversely affected";
to the Committee on Political Subdivisions then the Judiciary.
By Delegates Longstreth, Fragale, Iaquinta, Martin and Stemple:
H. B. 3122 - "A Bill to amend and reenact §9A-4-2 of the Code of West Virginia, 1931, as
amended, relating to the definition of 'eligible veteran' for certain state training and employment
preference benefits; and including persons who served honorably in the National Guard and reserves
as eligible veterans"; to the Committee on Veterans Affairs and Homeland Security then the
Judiciary.
By Delegates Carmichael, Ellem, Palumbo, Doyle, Canterbury and Blair:
H. B. 3123 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931,
as amended; to amend and reenact §11-16-13 of said code; and to amend and reenact §11-17-3 of
said code, all relating to taxation; eliminating the consumer sales and service tax on food; increasing
the tax on nonintoxicating beer per barrel from five dollars and fifty cents to six dollars and
thirty-five cents; increasing the rate of tax on cigarettes from fifty-five cents to one dollar and thirty-
five cents; increasing the excise tax on noncigarette tobacco products from seven percent to fourteen percent; and providing for the dedication of five million dollars of the revenue for the first year to
the Department of Agriculture"; to the Committee on Finance.
By Delegates Sobonya, Longstreth, Stephens, Moore, Rowan, Morgan, C. Miller, Craig
and Reynolds:
H. B. 3124 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-8D-1a, relating to prohibiting any law enforcement or other
official from interfering in the service of a warrant in child abuse investigations; and providing a
penalty for violations including dismissal or forfeiture of office"; to the Committee on the Judiciary.
By Delegates Sobonya, Summer, Rowan, C. Miller, Stephens, Reynolds, Craig, Morgan
and Duke:
H. B. 3125 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-7A-26u, relating to providing a cost-of-living provision for
certain persons retired under the Teachers Retirement System"; to the Committee on Education then
Finance.
By Delegates Sobonya, Stephens, Rowan, C. Miller, Craig and Reynolds:
H. B. 3126 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-2-14, relating to prohibiting school employees from
counseling, referring, transporting or assisting any student to obtain an abortion; providing a
violation of the section is a misdemeanor; and providing that nothing in the section may be construed
as approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Sobonya, J. Miller, Sumner, Duke, Stephens, Morgan, Longstreth,
Guthrie, C. Miller, Lane and Craig:
H. B. 3127 - "A Bill to amend and reenact §20-5-18 and §20-5-19 of the Code of West
Virginia, 1931, as amended, all relating to discounts at state parks for elderly and disabled persons;
and providing that the fifty percent reduction for state park campground rental fees for elderly and
disabled persons is applicable throughout the year"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Boggs, Pino, Miley, Lane, Sobonya, Ellem and Schoen:
H. B. 3128 - "A Bill to repeal §16-2F-5 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-6, §16-2F-8 and §16-2F-9; and to
amend said code by adding thereto a new section, designated §16-2F-8a, all relating to parental
notification requirements for obtaining abortions by unemancipated minors; defining terms; requiring
proof of age prior to an abortion; providing for substitute notification in certain instances; modifying
physician reporting requirements; providing for criminal penalties; providing for preservation of fetal
tissue in instances of sexual assault; and providing for severability"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegates Barker and Overington:
H. B. 3129 - "A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931,
as amended, relating to eligibility for parole; good conduct and violent behavior"; to the Committee
on the Judiciary.
By Delegate Caputo (By Request):
H. B. 3130 - "A Bill to amend and reenact §33-2-21 of the Code of West Virginia, 1931,
as amended, relating to giving the Insurance Commissioner the power to regulate and penalize self-
insured employers"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Perry, Sumner, Wysong, Beach and Shaver:
H. B. 3131 - "A Bill to amend and reenact §18A-2-7 of the Code of West Virginia, 1931,
as amended, relating to the definition of a transfer for classroom teachers"; to the Committee on
Education.
By Delegates Marshall, Shook, Rodighiero, Eldridge, Ellis, Beach, Moore and Stephens:
H. B. 3132 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-14-12, relating to protecting the academic speech of higher
education professional educators"; to the Committee on Education.
By Delegates Doyle, Duke, J. Miller, Tabb, Wysong and Campbell:
H. B. 3133 - "A Bill to amend and reenact §8-6-1, §8-6-4 and §8-6-5 of the Code of West
Virginia, 1931, as amended, all relating to annexation of unincorporated territory; establishing a
minimum of one hundred fifty feet of contiguity for annexation by minor boundary adjustment;
requiring a minimum of forty persons to petition for annexation without election; and allowing any
freeholder who owns twenty-five acres or more to opt out of any annexation"; to the Committee on
Political Subdivisions then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 3134 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-5-48; and to amend and reenact §18-9D-2 and §18-9D-16 of
said code, all relating to time levels for bus routes; providing for the establishment, maintenance and
adherence to schedules for one-way bus transportation time levels under normal weather operating
conditions; prohibiting the creation of new bus routes in the wake of a closure or consolidation of
an existing school facility in which the time levels for the bus routes exceed certain levels; allowing
for county school boards to seek a waiver from such prohibition from the State Board of Education
and the School Building Authority; defining certain terms; and providing that School Building
Authority and State Board of Education cannot approve any facilities plan until it approves any
waiver requested by a county board"; to the Committee on Education.
Special Calendar
Unfinished Business
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; 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. 18, Lance Corporal James "Jimmy" Sargent Memorial 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. 22, Designating the River City Youth Ballet Ensemble as the Official West Virginia
State Youth Ballet; 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.
Delegates Tabb, Doyle and Wysong requested that the Journal record them as voting "Nay"
on the adoption of the foregoing resolution.
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"; 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. 29, Requesting the Joint Committee on Government and Finance to study the
establishment of partnerships between the state's colleges and employers; 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.
Third Reading
Com. Sub. for H. B. 2178, Providing criminal penalties for persons convicted of human
trafficking and involuntary servitude offenses; 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. 87), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being
as follows:
Absent And Not Voting: Campbell, Cann, Ellem, Hatfield, Manchin, Miley, Perdue and
Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2178) 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. 2790, Authorizing magistrate courts to assess a fee for record searches;
on third reading, coming up in regular order, was read a third time.
On motion of Delegate DeLong, the bill (Com. Sub. for H. B. 2790) was laid over.
Com. Sub. for H. B. 2840, Relating to transportation of wildlife outside 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. 88),
and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being
as follows:
Absent And Not Voting: Campbell, Cann, Ellem, Hatfield, Manchin, Miley, Perdue and
Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2840) 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. 2972, Relating to electronic voting systems; requiring the ballot to be
clearly marked or punched for a write-in position; 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. 89), and there were--yeas 91, nays none, absent and not voting 8, with the absent and not voting being
as follows:
Absent And Not Voting: Campbell, Cann, Ellem, Hatfield, Manchin, Miley, Perdue and
Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2972) 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
H. B. 2772, Ensuring the Public Employees Insurance Agency will continue and maintain
medical and prescription drug coverage for medicare eligible retired employees; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was
reported by the Clerk and adopted, amending the bill as follows:
On page two, section seven, beginning on line eight, by striking out the following: "Provided,
That the Public Employees Insurance Agency will continue and maintain the quality Public
Employees Insurance Agency medical and prescription drug coverage for Medicare eligible retired
employees and, if the 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."
And,
On page seven, section seven, following line one hundred ten, by inserting the following:
"(d) The agency shall maintain the medical and prescription drug coverage for Medicare
eligible retirees by providing that coverage through one of the existing plans or by enrolling the
Medicare eligible retired employees into a Medicare specific plan, including but not limited to, the
Medicare/Advantage Prescription Drug Plan. In the event that a Medicare specific plan would no longer be available or advantageous for the agency and the retirees, the retirees shall remain eligible
for coverage through the agency."
The bill was then ordered to engrossment and third reading.
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; on 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:
Com. Sub. for H. B. 2048, Clarifying public library board service areas as determined by
the Library Commission,
Com. Sub. for H. B. 2544, Increasing the penalty for driving under the influence causing
death,
Com. Sub. for H. B. 2804, Eliminating time schedules for utility relocation on highway
projects,
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,
H. B. 3057, Relating to programs for all-inclusive care of the elderly, known as "PACE",
And,
H. B. 3117, Clarifying that contractors must have a state contractors license in order to
submit a bid with the State of West Virginia.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Campbell, Cann, Ellem, Hatfield, Manchin, Miley, Perdue and Stephens.
At 12:16 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 20,
2007.