__________*__________




Tuesday, January 16, 2008

SEVENTH 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 Monday, January 14, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2503, Authorizing the Division of Motor Vehicles to issue an identification card to West Virginia residents who already possess a valid driver's license,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2104, Ensuring victims' rights to testify at sentencing in criminal cases,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2104 - "A Bill to amend and reenact §61-11A-2 and §61-11A-3 of the Code of West Virginia, 1931, as amended, all relating to ensuring victims' rights to testify at sentencing in criminal cases; requiring review by the sentencing court of the notice provided to a felony victim prior to sentencing when the victim does not respond or tender an oral or written statement for consideration at sentencing; requiring the postponement of the sentencing hearing under certain circumstances when notice to the victim is deemed inadequate; clarifying adequate notice; requiring court review and confirmation that the statutory requirements pertaining to victim impact statements have been met, prior to sentencing,"
And,
H. B. 2402
, Prohibiting persons from impersonating a public official by copying or imitating the markings of a public agency or official on a motor vehicle,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2402 - "A Bill to amend and reenact §61-5-27a of the Code of West Virginia, 1931, as amended, relating to the impersonation of a public official or employee,"
With the recommendation that the committee substitutes each do pass.
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. 4020, Authorizing the disclosure of certain mental health records to the National Instant Criminal Background Check System,
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. 4020) was referred to the Committee on the Judiciary.
Messages from the Executive

The Clerk read the following communication from the Speaker, appointing members of the Select Committee on Senior Citizens Issues, which was filed in the Clerk's Office:
West Virginia House of Delegates

OFFICE OF THE SPEAKER

Charleston, WV 25305

January 14, 2008

Gregory M. Gray
Clerk, West Virginia House of Delegates
Room 212M
State Capitol Complex
Charleston, WV 25305
Dear Clerk Gray:
I do hereby appoint the following as members of the Select Committee on Senior Citizens Issues:
The Honorable Tom Campbell, Chair
The Honorable Don Perdue
The Honorable Bill Proudfoot
The Honorable John Pino
The Honorable Ron Fragale
The Honorable Sharon Spencer
The Honorable Dale Stephens
The Honorable Sam Argento
The Honorable Dave Pethel
The Honorable Barbara Fleischauer
The Honorable Tim Manchin

The Honorable Ruth Rowan
The Honorable Allen Evans
The Honorable Bill Hamilton
The Honorable Larry Border
Sincerely,
Richard Thompson,
Speaker of the House.
Resolutions Introduced

Delegates Burdiss and Browning offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 8 - "Requesting the Division of Highways name the bridge numbered 0.01 and located at Route 54/4 in the City of Mullens, the 'Oscar Robert England Bridge'."
Whereas, Oscar Robert England was instrumental in the early development of the infrastructure of the City of Mullens that is still in use today; and
Whereas, Oscar Robert England served as street commissioner for the City of Mullens for over twenty years; and
Whereas, Oscar Robert England's family, friends, neighbors and the community where he worked and lived and that he loved and served, all agree that it would be a great and deserving honor to name this bridge in Mr. England's honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered 0.01 and located on Route 54/4 in the City of Mullens, Wyoming County, West Virginia the "Oscar Robert England Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of Highways and to the Wyoming County Commission.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Guthrie, Hatfield, Shook, Miley and Webster:
H. B. 4047
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-1-67; to amend said code by adding thereto two new sections, designated §17C-14-15 and §17C-14-16, all relating to defining wireless communication devices, use of hands-free and hand-held wireless communication devices while driving, and school bus drivers' use of wireless communication devices"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Fleischauer, Marshall, Manchin, Burdiss, Caputo, Fragale, DeLong,
Webster, Hamilton and D. Poling:

H. B. 4048 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to providing that all employees have the right to review and copy the contents of their personnel file"; to the Committee on the Judiciary then Finance.
By Delegate Michael:
H. B. 4049
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5 and §55-7E-6, all relating to filing of claims for asbestos, disclosures regarding existing and anticipated claims involving asbestos bankruptcy trusts, defendants rights in asbestos action to require claimant to show cause regarding additional bankruptcy trust claims, certification of cause of action by court, discovery of materials from bankruptcy trusts, value of trust claims, sanctions for noncompliance, and rights of setoff"; to the Committee on the Judiciary then Finance.
By Delegates Doyle, Brown, Hatfield, Marshall, Browning, Ellem, Lane, Moore, Fleischauer, Perdue and Klempa:

H. B. 4050
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18 and §3-12-19, all relating to creating the West Virginia Public Campaign Financing Act; providing alterative campaign financing option for candidates for the State Senate and House of Delegates through public funds; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the offices of State Senate and House of Delegates beginning in two thousand ten; establishing a Public Campaign Financing Fund and sources of revenue for the fund; requiring an additional penalty assessment be imposed against violators of administrative orders, rules of state governmental agencies, boards and commissions; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which an application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring candidates to provide detailed receipts to contributors and to the State Election Commission for seed money and qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing for distribution of funds from the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying the amount of funds available for each candidate and when the funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; permitting qualified candidates to raise funds from private sources when there is insufficient money in the Public Campaign Financing Fund to make a complete distribution to all qualified candidates; requiring certain disclosures; requiring candidates to keep records and report to the State Election Commission; providing for matching public campaign funds when an opponent spends in excess of the initial funding available and for independent expenditures on behalf of a nonparticipating or certified opponent; setting forth certain duties of the State Election Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date"; to the Committee on the Judiciary then Finance.
House Calendar

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. 2020, Requiring mine operators to provide notice of hazardous chemical substances and lead exposure to its employees,
And,
H. B. 4038, Allowing the Division of Labor to promulgate Rules to license elevator workers.
At 11:27 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 16, 2008.