__________*__________




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.)


  1. 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.)

  1. 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

  1. 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.)


  1. 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.)


    1. 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.)


    1. 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

    1. 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.)


    1. Increase "Personal Services," Activity 001 by $9,109

    2. 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.)


    1. Increase "Charleston Work Release," Activity 456 by $16,258

    2. Increase "Beckley Correctional Center," Activity 490 by $18,502

    3. Increase "Huntington Work Release," Activity 495 by $14,320

    4. Increase "Anthony Center," Activity 504 by $81,654

    5. Increase "Huttonsville Correctional Center," Activity 514 by $332,627

    6. Increase "Northern Correctional Facility," Activity 534 by $118,202

    7. Increase "Pruntytown Correctional Center," Activity 543 by $122,612

    8. Increase "Corrections Academy," Activity 569 by $22,277

    9. Increase "Martinsburg Correctional Center," Activity 663 by $54,996

    10. Increase "Parole Services," Activity 686 by $54,202

    11. Increase "Special Services," Activity 687 by $41,119

    12. Increase "St. Mary's Correctional Facility," Activity 881 by $215,737

    13. Increase "Denmar Correctional Facility," Activity 882 by $79,558

    14. Increase "Ohio County Correctional Facility," Activity 883 by $25,410

    15. Increase "Mt. Olive Correctional Facility," Activity 888 by $302,478

    16. Increase "Lakin Correctional Facility," Activity 896 by $142,718


    Division of Juvenile Services, Fund 0570, Fiscal Year 2009, Org 0621

    1. Increase "Robert L. Shell Juvenile Center," Activity 267 by $35,992

    2. Increase "Central Office," Activity 701 by $38,668

    3. Increase "Gene Spadaro Juvenile Center," Activity 793 by $37,016

    4. Increase "WV Industrial Home for Youth," Activity 979 by $187,242

    5. Increase "Davis Center," Activity 980 by $49,489

    6. Increase "Eastern Regional Juvenile Center," Activity 981 by $24,008

    7. Increase "North Central Regional Juvenile Center," Activity 983 by $37,182

    8. Increase "Southern Regional Juvenile Center," Activity 984 by $36,097

    9. Increase "Tiger Morton Center," Activity 985 by $36,046

    10. Increase "Donald R. Kuhn Juvenile Center," Activity 986 by $80,706

    11. 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.)


    1. 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.)


    1. Increase "Higher Education Grant Program," Activity 164 by $282,304

    2. 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.)


    1. Reduce "West Liberty State College," Activity 439 by $725,023

    2. 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.)


    1. 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.)


    1. Increase "Personal Services," Activity 001 by $300,000

    2. Increase "Employee Benefits," Activity 010 by $102,000

    3. 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.)


    1. 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.)


    1. 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.)


    1. 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.)


    1. Increase "Libraries - Special Projects," Activity 625 by $400,000


    Bureau of Senior Services - Lottery Senior Citizens Fund, Fund 5405, Fiscal Year 2009, Org 0508

    1. Increase "Senior Citizens Centers and Programs," Activity 462 by $500,000

    2. 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.)


    1. Reduce "Higher Education Grant Program," Activity 164 by $282,304

    2. 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.)


    1. Add a new item of appropriation for "Tax Reduction and Federal Funding Increased Compliance (TRAFFIC)," Activity 642 with $15,000,000

    2. 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

    1. 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.