__________*__________
Monday, January 21, 2008
THIRTEENTH 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, January 18, 2008, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Caputo 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.
Messages from the Executive
The Speaker laid before the House of Delegates a communication from His Excellency, the
Governor, which was read by the Clerk and referred to the Committee on Finance, as follows:
Office of the Governor
State Capitol
1900 Kanawha Boulevard, East
Charleston, WV 25305
January 17, 2008
The Honorable Earl Ray Tomblin, President
Senate of West Virginia
State Capitol
Building 1, Room 465-M
Charleston, West Virginia 25305
The Honorable Richard Thompson, Speaker
West Virginia House of Delegates
State Capitol
Building 1, Room 462-M
Charleston, West Virginia 25305
Dear President Tomblin and Speaker Thompson:
After submission of my recommended FY 2009 Executive Budget on January 9, 2008, there have
been a few areas that have been reviewed and, therefore, I would like to provide you with several
recommended revisions:
Section 1. Appropriations from general revenue.
Legislative
Joint Expenses, Fund 0175, Fiscal Year 2009, Org 2300
(Moved funding to Excess Lottery.)
Decrease "Tax Reduction and Federal Funding Increased Compliance (TRAFFIC)," Activity
642 by $8,000,000
Executive
Department of Agriculture, Fund 0131, Fiscal Year 2009, Org 1400
(Restore funding to FY 2008 level.)
Add a new item of appropriation for "4-H Camp Improvements," Activity 941 in the amount
of $650,000
Department of Administration
Public Defender Services, Fund 0226, Fiscal Year 2009, Org 0221
Reduce "Public Defender Corporations," Activity 352 by $125,000
Department of Commerce
West Virginia Development Office, Fund 0256, Fiscal Year 2009, Org 0307
(Deleted so the funding can be moved to the WV Council for Community and Technical
College Education.)
Delete "Community College Workforce Development" Activity 878 for $500,000
Delete "College Transition Program," Activity 887 for $166,750
Delete "WV Advance Workforce Development," Activity 893 for $2,500,000
Delete "Technical Program Development," Activity 894 for $1,500,000
Division of Miners' Health, Safety and Training, Fund 0277, Fiscal Year 2009, Org 0314
(To provide additional funding for a 3% across-the-board salary increase in addition to the
$3,000 across-the-board salary increase already provided in my original budget for mine
safety instructors and inspectors.)
Increase "Personal Services," Activity 001 by $138,493
Increase "Employee Benefits," Activity 010 by $27,699
Department of Health and Human Resources
Division of Health - Central Office, Fund 0407, Fiscal Year 2009, Org 0506
(Restore funding to FY 2008 level.)
Increase "Emergency Response Entities - Special Projects," Activity 822 by $400,000
Department of Military Affairs and Public Safety
Department of Military Affairs and Public Safety - Office of the Secretary, Fund 0430, Fiscal Year 2009, Org
0601
Add reappropriation language for "Homeland State Security Administrative Agency," Activity
953
Division of Corrections - Central Office, Fund 0446, Fiscal Year 2009, Org 0608
(To provide additional funding for a 3% across-the-board salary increase in addition to the
$2,004 across-the-board salary increase already provided in my original budget.)
Increase "Personal Services," Activity 001 by $9,109
Increase "Employee Benefits," Activity 010 by $1,822
Division of Corrections - Correctional Units, Fund 0450, Fiscal Year 2009, Org 0608
(To provide additional funding for a 3% across-the-board salary increase in addition to the
$2,004 across-the-board salary increase already provided in my original budget.)
Increase "Charleston Work Release," Activity 456 by $16,258
Increase "Beckley Correctional Center," Activity 490 by $18,502
Increase "Huntington Work Release," Activity 495 by $14,320
Increase "Anthony Center," Activity 504 by $81,654
Increase "Huttonsville Correctional Center," Activity 514 by $332,627
Increase "Northern Correctional Facility," Activity 534 by $118,202
Increase "Pruntytown Correctional Center," Activity 543 by $122,612
Increase "Corrections Academy," Activity 569 by $22,277
Increase "Martinsburg Correctional Center," Activity 663 by $54,996
Increase "Parole Services," Activity 686 by $54,202
Increase "Special Services," Activity 687 by $41,119
Increase "St. Mary's Correctional Facility," Activity 881 by $215,737
Increase "Denmar Correctional Facility," Activity 882 by $79,558
Increase "Ohio County Correctional Facility," Activity 883 by $25,410
Increase "Mt. Olive Correctional Facility," Activity 888 by $302,478
Increase "Lakin Correctional Facility," Activity 896 by $142,718
Division of Juvenile Services, Fund 0570, Fiscal Year 2009, Org 0621
Increase "Robert L. Shell Juvenile Center," Activity 267 by $35,992
Increase "Central Office," Activity 701 by $38,668
Increase "Gene Spadaro Juvenile Center," Activity 793 by $37,016
Increase "WV Industrial Home for Youth," Activity 979 by $187,242
Increase "Davis Center," Activity 980 by $49,489
Increase "Eastern Regional Juvenile Center," Activity 981 by $24,008
Increase "North Central Regional Juvenile Center," Activity 983 by $37,182
Increase "Southern Regional Juvenile Center," Activity 984 by $36,097
Increase "Tiger Morton Center," Activity 985 by $36,046
Increase "Donald R. Kuhn Juvenile Center," Activity 986 by $80,706
Increase "J.M. "Chick" Buckabee Juvenile Center," Activity 987 by $29,530
Higher Education
West Virginia Council for Community and Technical College Education - Control Account, Fund 0596,
Fiscal Year 2009, Org 0420
(Increase is from funding moved from the WV Development Office for these activities.)
Increase "Community College Workforce Development" Activity 878 in the amount of
$500,000
Increase "College Transition Program," Activity 887 in the amount of $166,750
Increase "WV Advance Workforce Development," Activity 893 in the amount of $2,500,000
Increase "Technical Program Development," Activity 894 in the amount of $1,500,000
Higher Education Policy Commission - Administration - Control Account, Fund 0589, Fiscal Year 2009, Org
0441
(Increase is from funding moved from lottery for these activities.)
Increase "Higher Education Grant Program," Activity 164 by $282,304
Add a new item of appropriation for "HEAPS Grant Program," Activity 867 in the amount of
$5,003,696
Higher Education Policy Commission - System - Control Account, Fund 0586, Fiscal Year 2009, Org 0442
(Change from error on appropriation request allocating Title III funding intended for WV
State University to West Liberty State College.)
Reduce "West Liberty State College," Activity 439 by $725,023
Increase "West Virginia State University," Activity 441 by $725,023
Sec. 3. Appropriations from other funds.
Department of Environmental Protection
Division of Environmental Protection - Oil and Gas Reclamation Fund, Fund 3322, Fiscal Year 2009, Org
0313
(To reflect increased spending authority granted in FY 2008.)
Increase "Unclassified - Total," Activity 096 by $230,000
Division of Environmental Protection - Oil and Gas Operating Permit and Processing Fund, Fund 3323,
Fiscal Year 2009, Org 0313
(To reflect increased spending authority granted in FY 2008.)
Increase "Personal Services," Activity 001 by $300,000
Increase "Employee Benefits," Activity 010 by $102,000
Increase "Unclassified," Activity 099 by $88,000
Department of Revenue
Lottery Commission - Revenue Center Construction Fund, Fund 7209, Fiscal Year 2009, Org 0705
(This is to allow additional spending authority for the new revenue center building.)
Increase "Unclassified - Total," Activity 096 by $47,293,000
Sec. 4. Appropriations from lottery net profits.
State Department of Education, Fund 3951, Fiscal Year 2009, Org 0402
(Restore funding to FY 2008 level.)
Add a new item of appropriation for "Unclassified," Activity 099 in the amount of $4,200,000
Division of Culture and History - Lottery Education Fund, Fund 3534, Fiscal Year 2009, Org 0432
(Restore funding to FY 2008 level.)
Increase "Fairs and Festivals," Activity 122 by $686,000
Library Commission - Lottery Education Fund, Fund 3559, Fiscal Year 2009, Org 0433
(Restore funding to FY 2008 level.)
Increase "Libraries - Special Projects," Activity 625 by $400,000
Bureau of Senior Services - Lottery Senior Citizens Fund, Fund 5405, Fiscal Year 2009, Org 0508
Increase "Senior Citizens Centers and Programs," Activity 462 by $500,000
Reduce "Legislative Initiatives for the Elderly," Activity 904 by $500,000
Higher Education Policy Commission - Lottery Education - Higher Education Policy Commission - Control
Account, Fund 4925, Fiscal Year 2009, Org 0441
(Funding moved to General Revenue.)
Reduce "Higher Education Grant Program," Activity 164 by $282,304
Delete "HEAPS Grant Program," Activity 867 by $5,003,696
Sec. 5. Appropriations from state excess lottery revenue fund.
Joint Expenses, Fund 1736, Fiscal Year 2009, Org 2300
(Moved $8,000,000 from General Revenue and added $7,000,000 to restore funding to FY
2008 level.)
Add a new item of appropriation for "Tax Reduction and Federal Funding Increased
Compliance (TRAFFIC)," Activity 642 with $15,000,000
Please add language to read as follows:
"The above appropriation for Tax Reduction and Federal Funding Increased
Compliance (TRAFFIC) (activity 642) shall be funded only after all funding
required by chapter twenty-nine, article twenty-two, section eighteen-a of the code
has been satisfied as determined by the director of the lottery, and activities 482,
417, and 288 in Fund 7208, Fiscal Year 2009, Org 0705 have been funded in their
entirety."
Lottery Commission - Excess Lottery Revenue Fund Surplus, Fund 7208, Fiscal Year 2009, Org 0705
Reduce "Other Post Employee Benefits - Transfer," Activity 289 by $15,000,000
Thank you for your time and consideration in this matter. Your cooperation is always appreciated.
Should you have any questions or require additional information, please call me at any time.
Sincerely,
Joe Manchin III
Governor
Resolutions Introduced
Delegate Caputo asked and obtained unanimous consent to pass over resolutions until later
in today's proceedings.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4093 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-6H-1, §11-6H-2, §11-6H-3, §11-6H-4, §11-6H-5 and §11-6H-
6, all relating to the method of valuation of certain aircraft; providing definitions; providing
methodology for valuation of certain aircraft; stating that the initial determination of valuation is to
be made by the county assessor; and authorizing the protest and appeal of the assessor's decision";
to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4094 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §6C-4-1, §6C-4-2 and §6C-4-3, all relating to reimbursement of
compensation paid to certain state employees for training, education and professional development"; to the Committee on Government Organization then Finance.
By Delegates Fleischauer, Doyle, Guthrie, Talbot, Barker, Miley, Brown, Moore,
Manchin, Longstreth and Fragale:
H. B. 4095 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §22-5B-1, §22-5B-2 and §22-5B-3, all relating to creating a
commission to study the impact of global warming on the State of West Virginia"; to the Committee
on Agriculture and Natural Resources then Government Organization.
By Delegates Brown, Hatfield, Doyle, Caputo, Ashley, Guthrie, Fragale, Morgan and
Moore:
H. B. 4096 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §12-6D-1, §12-6D-2, §12-6D-3, §12-6D-4, §12-6D-5, §12-6D-6,
§12-6D-7, §12-6D-8, §12-6D-9 and §12-6D-10, all relating to creating a 'Sudan Divestment
Procedure'; and providing the method for how the state funds or trustees of those funds, including
pension fund systems or other affected entities of the state shall address certain investments relating
to Sudan and the divestment thereof; providing legislative findings and definitions; identification
of scrutinized companies; requiring certain other actions by the public funds, including reporting;
providing for expiration of provisions of article and enforcement of article; and a severability
clause"; to the Committee on Finance.
By Delegates Perry, Ellem, Morgan, Stemple and Webster:
H. B. 4097 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-2a, relating to retention salary increases for Division of
Corrections' and Division of Juvenile Services' employees based on years of service"; to the
Committee on Government Organization then Finance.
By Delegates Perry, Ellem, Morgan, Stemple, Boggs, Webster, White and Palumbo:
H. B. 4098 - "A Bill to amend and reenact §17B-2-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17B-2-10a, all
relating to allowing limited driving privileges when a driver's license is suspended for certain
reasons"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Perry, Ellem, Morgan, Stemple, Boggs, Webster, White and Palumbo:
H. B. 4099 - "A Bill to amend and reenact §17C-15-26 of the Code of West Virginia, 1931,
as amended, relating to allowing vehicles designated by the Secretary of the Department of Military
Affairs and Public Safety for emergency response by the Division of Corrections, Regional Jail and
Correctional Facility Authority and Division of Juvenile Services to use red flashing lights"; to the
Committee on the Judiciary.
By Delegates Perry, Ellem, Morgan, Stemple, Boggs, Webster, White and Palumbo:
H. B. 4100 - "A Bill to repeal §28-5-2, §28-5-10, §28-5-11, §28-5-12, §28-5-13, §28-5-14,
§28-5-15, §28-5-16, §28-5-17, §28-5-18, §28-5-19, §28-5-20 and §28-5-21 of the Code of West
Virginia, 1931, as amended, all relating to outdated provisions addressing the operation of the
penitentiary by the Commissioner of Public Institutions, the hiring of inmates as domestics and the
hiring out of inmates by contract"; to the Committee on the Judiciary.
By Delegates Ellem, Morgan, Stemple, Boggs, Webster, White and Palumbo:
H. B. 4101 - "A Bill to repeal §28-5A-1, §28-5A-2, §28-5A-3, §28-5A-4 and §28-5A-5 of
the Code of West Virginia, 1931, as amended, all relating to the Huttonsville Correctional Center";
to the Committee on the Judiciary.
By Delegates Mahan, Fleischauer, Ellis, Fragale, Higgins, Spencer, Ashley, Rowan and
Tansill:
H. B. 4102 - "A Bill to amend and reenact §49-1-3, of the Code of West Virginia, 1931, as
amended; and to amend and reenact §49-6-3 and §49-6-5 of said code, all relating to child abuse and
neglect generally; defining terms; expanding definition of imminent danger to the physical well-
being of a child; prohibiting parents, guardians and custodians from allowing access to children by certain persons; and the obligation of the department of health and human resources to attempt to
preserve the family in temporary and permanent custody determinations"; to the Committee on the
Judiciary.
By Delegates Mahan, Eldridge, Ellis, Ennis, Higgins, Hutchins, Longstreth, Spencer,
Ashley, Rowan and Tansill:
H. B. 4103 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931,
as amended, relating to crimes against public safety, services or enforcement officials; altering
elements of crimes of battery and assault against a public safety, services or enforcement official;
adding specified employees of the Department of Health and Human Resources as protected
officials; and providing penalties"; to the Committee on the Judiciary.
By Delegates Mahan, Eldridge, Ellis, Ennis, Higgins, Hutchins, Longstreth, Spencer,
Ashley, Rowan and Tansill:
H. B. 4104 - "A Bill to amend and reenact §9-6-2 of the Code of West Virginia, 1931, as
amended and to amend and reenact §49-6A-9 of said code, all relating to personal immunity from
civil liability for adult protective service workers and child protective service workers performing
employment related duties and responsibilities within their official capacity"; to the Committee on
the Judiciary.
By Delegates Perry, Ellem, Morgan, Stemple, Boggs, Webster, White, Palumbo and
Eldridge:
H. B. 4105 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931,
as amended, relating to limiting the per diem rate in regional jails to half for partial days of twelve
hours or less"; to the Committee on the Judiciary then Finance.
By Delegates Perry, Ellem, Morgan, Stemple, Boggs, Webster and White:
H. B. 4106 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §51-1-21, relating to authorizing the Supreme Court of Appeals to promulgate rules to establish and administer a uniform bail schedule"; to the Committee on the
Judiciary.
By Delegates Perry, Ellem, Morgan, Stemple, Boggs, Webster, White and Palumbo:
H. B. 4107 - "A Bill to repeal §26-6-1 and §26-6-2 of the Code of West Virginia, 1931, as
amended, all relating to Denmar State Hospital"; to the Committee on the Judiciary.
By Delegates Spencer, Perry, White and Carmichael:
H. B. 4108 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as
amended, relating to the calendar set by the county board of education for public schools"; to the
Committee on Education.
By Delegates Longstreth, D. Poling, Barker, Eldridge, Martin, Rodighiero, Reynolds
and Kessler:
H. B. 4109 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to exempting social security benefits from West Virginia personal income";
to the Committee on Finance.
By Delegates Perry, Ellem, Morgan, Stemple, Boggs and White:
H. B. 4110 - "A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931,
as amended, relating to increasing the barrel tax on nonintoxicating beer; and allocating fifty percent
of the tax to the Regional Jail Operations Partial Reimbursement Fund"; to the Committee on the
Judiciary then Finance.
By Delegates Perry, Ellem, Morgan, Stemple, Boggs, Webster, White and Palumbo:
H. B. 4111 - "A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931,
as amended, relating to providing that correctional officers may retire with full benefits after twenty
years of service"; to the Committee on Pensions and Retirement then Finance.
By Delegates Hamilton, Stemple, Argento, Canterbury, Mahan, Proudfoot, Guthrie
and Kessler:
H. B. 4112 - "A Bill to amend and reenact §46-9-609 of the Code of West Virginia, 1931,
as amended, relating to a secured party notifying the local police department prior to repossessing
any motor vehicles without the knowledge of the debtor"; to the Committee on the Judiciary.
By Delegates Sumner, Duke, Sobonya and Schoen:
H. B. 4113 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §4-13-1, relating to prohibiting the naming of a publicly funded
building, road, structure or project which receives any operating or construction moneys from state
sources or state taxpayers; and assessing personal liability for violations"; to the Committee on the
Judiciary.
By Delegates Perry, Ellem, Morgan, Stemple, Boggs, Webster, White and Palumbo:
H. B. 4114 - "A Bill to amend and reenact §25-1-3, §25-1-3b, §25-1-11a and §25-1-11c of
the Code of West Virginia, 1931, as amended; and to amend and reenact §25-4-4 of said code, all
relating generally to the Division of Corrections; updating the statutory list of correctional facilities
over which the Commissioner has control; providing that the Commissioner is authorized to contract
with the McDowell county commission to house and incarcerate inmates at the Stevens Correctional
Center; providing that when a commissary in a division facility is operated by a vendor the
negotiated commission paid by the vendor is to be deposited into the facility's inmate benefit fund;
clarifying that wardens and administrators of correctional facilities are subject to the direction of the
commissioner; specifying that all employees of the Division of Corrections are responsible for
enforcing rules and laws necessary for the control and management of correctional units; modifying
duties of those employees designated as correctional peace officers; and providing that wardens of
centers for housing young adult offenders have the same qualifications, powers and duties as other
wardens of correctional facilities"; to the Committee on the Judiciary.
By Delegates Longstreth, Burdiss, Hamilton, D. Poling, Eldridge, Martin, Barker,
Hrutkay, Reynolds and Rodighiero:
H. B. 4115 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to increasing the West Virginia retirement income exemption from taxation
on persons age sixty-five years of age or older or surviving spouse of such persons from eight
thousand dollars to fifteen thousand dollars a year"; to the Committee on Pensions and Retirement
then Finance.
By Delegates Fleischauer, Klempa, Caputo, Swartzmiller, Evans, Tucker, Eldridge,
Carmichael, Anderson, Doyle and Boggs:
H. B. 4116 - "A Bill to amend and reenact §11-21-22 and §11-21-22b of the Code of West
Virginia, 1931, as amended, all relating to personal income tax and authorizing a refundable tax
credit based on federal poverty guidelines"; to the Committee on Finance.
By Delegate Browning:
H. B. 4117 - "A Bill to amend and reenact §18A-4-2a and §18A-4-2b of the Code of West
Virginia, 1931, as amended, all relating to state minimum salary supplement for achieving certain
national certification; legislative findings; expanding eligibility for supplement payments and fee
and expense reimbursement; increasing supplement amount for certain individuals; clarifying
duration of supplement in certain circumstances; and requiring State Board of Education rule"; to
the Committee on Education then Finance.
By Delegates Fleischauer, Marshall, Beach, Shook, Varner, Manchin, Sumner,
Longstreth, Pino, Palumbo and Hatfield:
H. B. 4118 - "A Bill to amend and reenact §60-7-10 of the Code of West Virginia, 1931, as
amended, relating to authorizing the Alcohol Beverage Control Commissioner to enter into
cooperative agreements for assistance with state, county and municipal police officers to investigate
and enforce the laws relative to the sale of alcoholic beverages"; to the Committee on Government
Organization then the Judiciary.
By Delegate J. Miller, Overington, Cowles, Blair, Duke, Wysong and Tabb:
H. B. 4119 - "A Bill to amend and reenact §8A-7-7 and §8A-7-8 of the Code of West
Virginia, 1931, as amended, all relating to zoning ordinances; allowing for petitions for resubmitting
voter-approved zoning ordinances; allowing voter zoning ordinance amendment petitions; changing
petition voter percentage requirements; and requiring voter approval for county commission
amendments"; to the Committee on Political Subdivisions then the Judiciary.
House Calendar
Third Reading
Com. Sub. for H. B. 4010, Removing the limitation on terms for members on the board of
library directors; 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. 8), and
there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being
as follows:
Nays: Ellem and Lane.
Absent And Not Voting: Beach, DeLong, Frederick, Marshall and Miley.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 4010) passed.
Delegate Caputo moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 9), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Beach, DeLong, Frederick, Marshall and Miley.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4010) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
Com. Sub. for H. B. 4036, Granting the board of Respiratory Care Practitioners rulemaking
authority and the issuance of temporary permits to students; on first reading, coming up in regular
order, was read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate Caputo, and by unanimous consent, leaves of absence for the day
were granted Delegates Beach, DeLong, Frederick, Marshall and Miley.
At the request of Delegate Caputo, and by unanimous consent, the House of Delegates
returned to the Seventh Order of Business for the purpose of introducing resolutions.
* * * * * * * * * * * * * * *
Resolutions Introduced
Delegates Iaquinta, Longstreth, Swartzmiller, Ennis, Burdiss, Cann, Hatfield, Hrutkay,
Hutchins, Paxton, Pethtel, D. Poling, Shook, Staggers, Stephens, Tucker, Williams, Yost, Armstead,
Azinger, Ireland, Porter, Sumner, Tansill and Walters offered the following resolution which was
read by the Clerk, as follows:
H. R. 7 - "Designating January 21, 2008, as 'Veterans Visibility Day'."
Whereas, From the Revolutionary War, which gave America its identity as a free and
democratic nation, to this moment, America's men and women have always risen to the call of duty
in order to defend and preserve our freedom and help maintain freedom throughout the world; and
Whereas, Per capita, more citizens from West Virginia have served in our nation's armed
forces than from any other state. We are proud of our citizens who, despite danger, have done what
they must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians
have paid the ultimate price for freedom with their lives and thousands more have been wounded
in battle; and
Whereas, The House of Delegates is proud to honor those currently serving in harm's way in Iraq, Afghanistan and other countries all over the world to protect democracy from the threat of
terror; and
Whereas, It is always important that we honor the many brave West Virginians who have
faced the enemy, been wounded and even given their lives not only for our freedom, but for freedom
around the world; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 21, 2008, as "Veterans Visibility
Day"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Division of Veterans' Affairs.
At the respective requests of Delegate Caputo, and by unanimous consent, reference of the
resolution (H. R. 7) to a committee was dispensed with and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded,
which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 10), and there were--yeas
94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Beach, DeLong, Ennis, Frederick, Marshall and Miley.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the resolution (H. R. 7) adopted.
Delegates Mahan, Eldridge, Ellis, Ennis, Higgins, Hutchins, Longstreth, Spencer, Ashley,
Rowan and Tansill offered the following resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 13 - "Requesting the Governor develop and present to the Legislature a plan to
implement continued salary scale adjustments for structured pay increases for Child Protective Service workers to enable the Department of Health and Human Resources to recruit and retain
qualified individuals in these positions."
Whereas, The State of West Virginia's has a great obligation and a moral and legal duty
to provide for the safety and health of its most vulnerable citizens, the children of the state. This
duty and obligation sometimes requires intervention into families lives causing representatives of
the state, the Child Protective Service workers, being charged with the difficult and important task
of working with families in crisis to assist them with services and to assure other proper actions are
taken to provide for the safety and health of these children; and
Whereas, The Legislature is cognizant that Child Protective Services Workers are in a
position that requires a tremendous amount of responsibility. To meet the demands placed upon
Child Protective Service Workers the State needs to assure that they are well trained, highly
qualified and experienced insuring they are able to process cases and tend to children's critical needs
in the best possible manner; and
Whereas, Historically the Child Protection Services workers who undertake these tasks
have been subject to a non-competitive wage scale that is not consonant with the workers
importance and contribution, nor sufficient to prevent losing these workers to other states and
agencies that are willing to adequately compensate them;
Whereas, In an attempt to make salaries of Child Protective Service workers in West
Virginia competitive with its surrounding sister states, in the past three years the Legislature has
provided that Child Protective Services workers receive a pay increase; and
Whereas, Even with this pay increase, border counties still suffer from an inability to
recruit and retain qualified workers due to salary levels that do not remain competitive across state
lines; and
Whereas, Non-border counties are also plagued with a lack of experienced workers as
workers who are hired routinely leave Child Protective Service work for other positions within the Department of Health and Human Resources that are more lucrative with less stress; and
Whereas, A pay scale that is competitive with our border states will encourage individuals
to seek employment with Child Protective Services and see this employment as a career goal not a
means to transition to other functions within the Department of Health and Human Resources or as
a training ground for employment in another state; and
Whereas, The Legislature wants to recognize the important role that qualified and
experienced Child Protective Service Workers play in our state through a competitive salary package
that is designed to place an appropriate emphasis upon the significant tasks performed by Child
Protective Service Workers in protecting West Virginia's children; therefore, be it
Resolved, by the Legislature o West Virginia:
That the Governor develop and present to the Legislature a plan to implement continued
salary scale adjustments for the Department of Health and Human Resources to allow that agency
to pay Child Protective Service Workers sufficient wages to make West Virginia competitive with
its sister states, and provide a greater incentive for Child Protective Service Workers to remain in
these most important positions.
Delegates DeLong, Brown, Webster and Morgan offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 14 - "Requesting that the Joint Committee on Government and Finance authorize
a study of the feasibility of requiring legislative rules to be filed electronically."
W
HEREAS
, An average of one hundred ten legislative rules have been filed annually with the
Secretary of State's Office during the previous five years, requiring tens of thousands of paper
copies to be generated; and
W
HEREAS
, Some states, including Colorado, Florida, Maryland, Ohio, Nebraska and
Virginia, require rules to be filed electronically; and
W
HEREAS
, Electronic filing of legislative rules will help ensure accuracy in the filing of the correct versions of rules; and
W
HEREAS
, Electronic filing of legislative rules will enable Legislators to view rules online
at every stage of the rule-making process; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
feasibility of requiring legislative rules to be filed electronically; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations,
together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare
a report and to draft necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
At 12:08 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 22,
2008.