hdj2008-02-07-30

__________*__________

Thursday, February 7, 2008
THIRTIETH 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 Wednesday, February 6, 2008, 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:
H. C. R. 4, The H.E. 'Homer' Lilly Bridge,
H. C. R. 5, The "Oscar Robert England Bridge",
H. C. R. 6, The "Kenny Ray Hamrick Memorial Bridge",
H. C. R. 17, Requesting the Joint Committee on Government and Finance to study the recruitment, retention and value of volunteer firefighters in the State of West Virginia,
H. C. R. 20, Requesting the Joint Committee on Government and Finance to study the establishment of a court of chancery within the unified judicial system in the State of West Virginia,
H. C. R. 24, The A. R. "Dick" Townsend Memorial Roadway,
H. C. R. 26, Requesting the Division of Highways to name a portion of U. S. Route 52 the "Vietnam Veterans Highway",
H. C. R. 28, Requesting the Joint Committee on Government and Finance to study the development of clean coal technologies such as coal liquefaction,
And,
H. C. R. 29, Designating an adaptation of "West Virginia Shawl" as the Official Tartan of the State of West Virginia,
And reports the same back with the recommendation that they each be adopted.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2109, Crediting a deceased teacher's sick leave toward continued insurance coverage for a surviving spouse and other dependents,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2109) was referred to the Committee on Finance.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4043, Making technical and other changes to the Deputy Sheriff Retirement System,
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. 4043) was referred to the Committee on Finance.
Chairman Kominar, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4198, Insurance Commission, licensing and conduct of insurance producers, agencies and solicitors,
H. B. 4199, Insurance Commission, examiners and examinations,
H. B. 4245, Insurance Commission, fingerprinting requirements for applications for insurance producer license,
H. B. 4249, Insurance Commission, suitability in annuity transactions,
H. B. 4251, Insurance Commission, guaranteed, loss ratios as applied to individual sickness and accident insurance policies,
And,
H. B. 4252, Insurance Commission, recognition of preferred mortality tables for use in determining minimum reserve liabilities,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4198, H. B. 4199, H. B. 4245, H. B. 4249, H. B. 4251 and H. B. 4252) were each referred to the Committee on the Judiciary.
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. 4196, Highways, use of state road rights of way and adjacent areas,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4196) was referred to the Committee on the Judiciary.
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. 4264, Motor Vehicles, examination and issuance of driver's license,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4264) was referred to the Committee on the Judiciary.
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. 4325, Providing for prior written authorization for the towing of motor vehicles without the consent of the owner or operator, and providing criminal background checks for tow truck drivers,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4325) was referred to the Committee on the Judiciary.
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. 4389, Removing requirement that resident violators of traffic laws be required to sign citations,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4389) was referred to the Committee on the Judiciary.
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. 4195, Highways, traffic and safety rules,
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. 4195) was referred to the Committee on the Judiciary.
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. 4197, Highways, transportation of hazardous wastes upon the roads and highways,
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. 4197) was referred to the Committee on the Judiciary.
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. 4203, Motor Vehicles, disclosure of information from the files of the division of motor vehicles,
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. 4203) was referred to the Committee on the Judiciary.
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. 4244, Highways, construction and reconstruction of state roads,
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. 4244) was referred to the Committee on the Judiciary.
Vice Chairman Pethtel, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 4254, Labor, steam boiler inspection,
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. 4254) was referred to the Committee on the Judiciary.
Vice Chairman Browning, form the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 4018, Renewing the West Virginia Small Business Linked Deposit Program,
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. 4018) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4202, Board of Medicine, continuing education for physicians and podiatrists,
And,
H. B. 4270, Pharmaceutical Advocate, prescription drug advertising expense reporting, And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4202 and H. B. 4270) were each referred to the Committee on the Judiciary.
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. 4261, Medicine, collaborative pharmacy practice,

H. B. 4262, Medicine, Board of, certification, disciplinary and complaint procedures, continuing education, radiologist assistants,
And,
H. B. 4240, Health and Human Resources, regulation of opioid treatment programs,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4261, H. B. 4262 and H. B. 4240) 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. 2447, Requiring that all houses, dwellings and businesses located in a district where public water service is made available for the first time after July 1, 2008 be connected to the public water service,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2447) 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. 4287, Clarifying that certain funds are authorized investments for funds of political subdivisions,
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. 4287) was referred to the Committee on Finance.
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. 4299, Expanding the age for firefighter beyond thirty-five for persons already employed by the Civil Service Commission,
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. 4299) was referred to the Committee on the Judiciary.
Messages from the Executive
*A communication from the County Commission of Hampshire County was read by the Clerk as follows:

county of hampshire
Office of the County Commission
court house building
romney, west virginia 26757
304-822-5112

June 8, 2007

The Honorable Gregory M. Gray
Clerk of the WV House of Delegates
Building 1, Room 212-M
1900 Kanawha Blvd. East
Charleston, WV 25305

Dear Clerk Gray:

Due to an oversite, the attached resolution was not forwarded to the Clerk of the West Virginia House of Delegates.

In May, 2003, the Commission verified that the petition had been signed by 10% of the registered voters of Hampshire County. On that date, there were 9,044 registered voters. As of June, 2007, there are now 12,804 registered voters in Hampshire County, a difference of 3,760 voters; also our records indicate that between May, 2003 and June, 2007, there were 526 deceased registered voters cancelled from the records.

If additional information is required, please call.

Sincerely yours,

Sharon H. Link,
County Clerk
Hampshire County Commission

*The following resolution accompanied the letter which was read by the Clerk as follows:
county of hampshire
Office of the County Commission
court house building
romney, west virginia 26757

resolution

Whereas, On the 22^nd day of May, 2003, the Hampshire County Clerk's Office certified the voters registration for the petition that would establish a tribunal to replace the current Hampshire County Commission;
Whereas, At a meeting held on Tuesday, April 24, 2007, the Hampshire County Commission voted to take action with our West Virginia Legislators, advising that due to the increase in voters registration, the age of the petition, the deaths of numerous signers of the petition, and the overall change of residency in the county, said petition no longer represents the will of ten percent (10%) of the registered voters of Hampshire County, West Virginia.
Be It Resolved, The Hampshire County Commission declares that the petition previously submitted to establish a tribunal to replace the Hampshire County Commission no longer represents ten percent (10%) of the registered voters of Hampshire County, West Virginia, and is no longer valid.
Hampshire County Commission
Donald Cookman, President
Steven Slonaker, Commissioner
Robert Hott, Commissioner
The Speaker referred the letter and the resolution to the Committee on Political Subdivisions then the Judiciary.
Messages from the Senate
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. 2517, Providing that the Board of Banking and Financial Institutions have the authority to approve acquisitions of out-of-state banks by WV state banks.
Petitions
Delegate Perdue and Mr. Speaker, Mr. Thompson, presented a petition on behalf of faculty and staff of Wayne County School employees, in support of the option of returning to the former teacher's retirement system; 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 Shook, DeLong, Azinger, Miley, Varner, Reynolds and Burdiss:
H. B. 4450 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-6-1, §1-6-2, §1-6-3, §1-6-4, §1-6-5 and §1-6-6, all relating to the freedom of religion of West Virginians"; to the Committee on the Judiciary.
By Delegates DeLong, Paxton, Cann, Kominar, Caputo, Webster, Morgan, White, Proudfoot, Perdue and Campbell:

H. B. 4451 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-6A-1, §5A-6A-2, §5A-6A-3, §5A-6A-4, §5A-6A-5, §5A-6A-6, §5A-6A-7, §5A-6A-8, §5A-6A-9 and §5A-6A-10, all relating to legislative findings; definitions; creation of permitting information ombudsman; the authority of permitting information ombudsman; duty of agencies to provide permitting information; agencies providing newly adopted, revised or terminated permitting information to ombudsman; provision for failure to provide permitting information to permitting information ombudsman; reporting of status of permitting information repository to Legislature and Governor; promulgation of rules; and severability"; to the Committee on Government Organization then the Judiciary.
By Delegates Pino, Overington and Schadler:
H. B. 4452 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12h, relating to a modification to income subject to personal income tax for the spaying and neutering of cats and dogs that are family pets"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Hatfield, Brown, Browning, Fleischauer, Guthrie, Hutchins, Manchin, Perdue, Perry, Staggers and Williams:

H. B. 4453 - "A Bill to amend and reenact §5-16-15 of the Code of West Virginia, 1931, as amended, relating to the public employees insurance act; making optional plans available as a section 125 plan of the Internal Revenue Service or as part of the preferred provider benefits"; to the Committee on Banking and Insurance then Finance.
By Delegate Shook:
H. B. 4454 - "A Bill to amend and reenact §24-3-5 of the Code of West Virginia, 1931, as amended, relating to requiring public utilities to file with the clerk of the county commission in each county in which it provides service, or proposes to provide service, copies of all proposed tariffs and all schedules showing all the rates, charges and tolls for service to be rendered by it or by other persons, firms or corporations in connection with it"; to the Committee on Political Subdivisions then Finance.
By Delegates Fleischauer, Marshall, Beach and Shook:
H. B. 4455 - "A Bill to amend and reenact §7-20-3, §7-20-6, §7-20-11 and §7-20-12 of the Code of West Virginia, 1931, as amended, all relating to fees and expenditures for county development"; to the Committee on Political Subdivisions then Finance.
By Delegates Ellis, Eldridge, Hrutkay, Rodighiero, Shook, Iaquinta, Caputo, Barker and Perry:

H. B. 4456 - "A Bill to amend and reenact §18-9D-16 of the Code of West Virginia, 1931, as amended, relating to replacing unuseable athletic facilities; requiring adequate plan for replacement within certain time period; and penalties"; to the Committee on Education then the Judiciary.
By Delegates Pethtel, Williams, Ennis, Perry, Kominar, Evans, Azinger, Stephens and Varner:

H. B. 4457 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2C-7, relating to roads used by multiple families shall be included in the state road system"; to the Committee on Roads and Transportation then Finance.
By Delegate Evans (By Request):
H. B. 4458 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to the use of an exempted vehicle on highways"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Spencer and DeLong:
H. B. 4459 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-12A-1 and §15-12A-2, all relating to creating a registry of persons convicted of operating a clandestine drug laboratory; designating certain information to be contained on the registry; directing the Criminal Identification Bureau of the State Police to create a website using descriptive terms for the public to access relative to the information in the registry; and requiring the Superintendent of the State Police to propose rules to implement the provisions of the article"; to the Committee on the Judiciary then Finance.
By Delegates Spencer and DeLong:
H. B. 4460 - "A Bill to amend and reenact §22-18-21 of the Code of West Virginia, 1931, as amended, relating to the required disclosure, in deeds and leases of real property, of the previous existence of a crystal methamphetamine laboratory"; to the Committee on the Judiciary.
By Delegates Wysong, Tabb, Hartman, Proudfoot, Doyle, Spencer, Moore, DeLong, Hatfield, White and Michael:

H. B. 4461 - "A Bill to amend and reenact §15-2-33 of the Code of West Virginia, 1931, as amended, relating to dependents of state police who die in the line of duty"; to the Committee on Finance.
By Delegates Wysong, Tabb, Proudfoot, Hartman, DeLong, Shaver, Staggers, Moore, Williams and White:

H. B. 4462 - "A Bill to amend and reenact §15-2A-12 of the Code of West Virginia, 1931, as amended, relating to increasing benefits for surviving dependents of State Police officers killed in the line of duty"; to the Committee on Finance.
By Delegate Tucker:
H. B. 4463 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to prohibiting the destruction of frozen embryos; and providing for the adoption of such embryos; and imposing a fine for noncompliance"; to the Committee on Health and Human Resources then the Judiciary.
Special Calendar
Second Reading
S. B. 459, Authorizing rules of School Building Authority and Higher Education Policy Commission; on second reading, coming up in regular order, was read a second time and ordered to third reading.
H. B. 4030, Requiring that workplace fatalities be reported to the Division of Labor; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4059, Relating to medical qualifications for school bus operators; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4069, Requiring vision screening for renewal of a driver's license; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on pages six and seven, section twelve-a, by striking out all of lines twenty-nine through thirty-seven and inserting in lieu thereof the following:
"(g) Vision screening conducted pursuant to this section shall not be used to collect any type of personal biometic identifying information, including but not limited to, a retinal scan.
(h) The commissioner shall propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this section.
(i) The provisions of this section requiring an applicant for renewal of a driver's license to successfully complete a vision screening as a condition of renewing a driver's license shall become effective on the first day of January, two thousand nine."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4120, Prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Webster, the bill was amended on page three, line eighteen, by striking out the words "causes of action which accrue" and inserting in lieu thereof the words "complaints filed".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4327, Relating to charitable bingo and updating the maximum wage allowed to reflect changes in state minimum wage; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4388, Authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database; 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. 4137, Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs,
And,
Com. Sub. for H. B. 4337, Authorizing the Board of Barbers and Cosmetologists to increase fees for one year.
Miscellaneous Business
Delegate Mahan noted to the Clerk that she was absent on yesterday when the votes were taken on Roll Nos. 40 through 43, and that had she been present, she would have voted "Yea" thereon.
Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate Border regarding his pharmacist intern be printed in the Appendix to the Journal.
Delegate C. Miller asked and obtained unanimous consent that the remarks of Delegate Armstead concerning West Virginia business franchise taxes be printed in the Appendix to the Journal.
At 12:11 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 8, 2008.