hdj2007-1-24-15

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Wednesday, January 24, 2007
FIFTEENTH DAY

The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, January 23, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Morgan, Eldridge, Hatfield, Hutchins, D. Poling, Andes, Cowles, C. Miller, Schoen and Staggers:

H. B. 2526 - "A Bill to amend and reenact §31B-13-1301 of the Code of West Virginia, 1931, as amended, relating to allowing acupuncturists to form professional limited liability companies."
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2332, Clarifying that magistrate courts have concurrent jurisdiction with circuit courts with laws prohibiting the use of tobacco by minors,
And reports the same back with the recommendation that it do pass.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented the annual report of the biennium for the fiscal years 2005 and 2006 of the Board of Dental Examiners, in accordance with article four, chapter thirty of the code; which was filed in the Clerk's office.
Mr. Speaker, Mr. Thompson, presented the annual report of the fiscal years 2005 and 2006 of the Board of Examiners of Psychologists in accordance with section twelve-b, article one, chapter thirty of the code; which was filed in the Clerk's office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the West Virginia Board of Medicine in accordance with section twelve-b, article one, chapter thirty of the code; which was filed in the Clerk's office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Division of Juvenile Services, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Special Reclamation Fund Advisory Council in accordance with the provisions of the code; which was filed in the Clerk's office.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 138 - "A Bill to repeal §50-3-5 of the Code of West Virginia, 1931, as amended, relating to repealing the requirement that nonresidents secure costs"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 139 - "A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to procedures for name change; and denial of petition if the circuit or family court judge makes a certain finding"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 140 - "A Bill to amend and reenact §50-3-4 of the Code of West Virginia, 1931, as amended, relating to deposit of certain moneys collected in magistrate court"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 141 - "A Bill to amend and reenact §51-2A-2 of the Code of West Virginia, 1931, as amended, relating to family court jurisdiction in sibling visitation proceedings"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 142 - "A Bill to amend and reenact §60A-10-15 of the Code of West Virginia, 1931, as amended, relating to providing a penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix"; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegates Cann, Iaquinta, Fragale and Miley offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 10 - "Requesting the Division of Highways to name the bridge crossing Simpson Creek on United States Route 50 in downtown Bridgeport, the 'Lloyd L. Lang Bridge'."
Whereas, Lloyd L. Lang was a longtime resident of the City of Bridgeport, Harrison County, West Virginia and Mr. Lang and his wife of 48 years, Crystal Wooddell Lang, and their family made their home on Grand Avenue in Bridgeport; and
Whereas, Lloyd L. Lang served his country in the United States Army from 1946 to 1949, and upon his return to Bridgeport in 1949 from military service in Germany, Lloyd Lang and his brother Jim founded Lang Bothers, Inc., a Bridgeport-based construction and natural resources company; and
Whereas, Over the span of more than 57 years, Lang Brothers became known throughout the region as one of the most respected heavy equipment, mining and road construction contractors in West Virginia and was entrusted with the construction of numerous bridge projects including several in Harrison County; and
Whereas, For Lloyd Lang, one of the highlights to the company?s impressive list of road and bridge projects over more than fifty years was the construction of the Main Street Bridge in his hometown of Bridgeport, West Virginia; and
Whereas, On West Virginia Day, June 20, 2006, Lloyd L. Lang passed away at the age of seventy-seven after complications from a thirty-year battle with Parkinson?s Disease; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge crossing Simpson Creek on United States Route 50 in downtown Bridgeport the "Lloyd L. Lang Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Lloyd L. Lang Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of the Division of Highways and the family of Lloyd L. Lang.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates DeLong, Caputo, Longstreth, Perdue and Martin:
H. J. R. 15 - "Proposing an amendment to the Constitution of the State of West Virginia, amending sections one, two and seventeen, article VII thereof, relating to making the Consumer Advocate an elected official; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Fleischauer, Shook, Longstreth, Manchin, Burdiss, Browning, Caputo, Kessler, Mahan, Hamilton and DeLong:

H. B. 2461 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to providing that all employees have the right to review and copy the contents of their personnel file"; to the Committee on Political Subdivisions then Finance.
By Delegate M. Poling:
H. B. 2462 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to changing the paygrade of 'sanitation plant operator' from 'f' to 'g'"; to the Committee on Finance.
By Delegates Anderson, Boggs and Ellem:
H. B. 2463 - "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to allowing parking fees to be charged for accessible (handicapped) parking spaces under certain circumstances; permitting time limits for accessible parking spaces within business districts; imposing new penalties for noncompliance; and requiring the Commissioner of the Division of Motor Vehicles to provide certain informational documents to accessible parking recipients and the general public"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates White and Frederick:
H. B. 2464 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-14C-36a; to amend said code by adding thereto a new article, designated §11-14D-1; and to amend and reenact §11-15-9 of said code, all relating to creation of the Economic Development Enterprise Zone Act of 2007; providing findings and purpose; exempting qualified service stations, truck stops and convenience stores from the payment of excise taxes on sales of gasoline, special fuel and from the payment of consumer sales tax on the sale of gasoline, special fuel and food items; exempting particular grocery stores from the payment of the consumer sales tax on the sale of food items; and making the exemptions applicable to service stations, truck stops, convenience stores and grocery stores located within five miles of similarly situated businesses in bordering states and located in counties which the unemployment rate has been at least ten percent for the previous four consecutive calender quarters"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Spencer and Eldridge:
H. B. 2465 - "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.
By Delegate Spencer:
H. B. 2466 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-14g, relating to establishing the crime of trafficking of persons; and penalty"; to the Committee on the Judiciary.
By Delegates Webster, Proudfoot, Stemple, Varner, Kominar, Amores, Staggers, Ellem and Palumbo:

H. B. 2467 - "A Bill to amend and reenact §50-2-1 of the Code of West Virginia, 1931, as amended, relating to giving magistrates the authority to perform marriages; and allowing magistrates to charge up to fifty dollars for performing a marriage"; to the Committee on the Judiciary.
By Delegates Fragale, Miley and Iaquinta:
H. B. 2468 - "A Bill to amend and reenact §3-1-3 of the Code of West Virginia, 1931, as amended, relating to prohibiting any person convicted of any felony from voting in an election of state and local officials"; to the Committee on the Judiciary.
By Delegates Tansill and Palumbo:
H. B. 2469 - "A Bill to amend and reenact §61-6-17 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for the crime of falsely reporting bomb or explosive threats; and providing that juveniles accused of making a false bomb threat report shall be treated as an adult"; to the Committee on the Judiciary.
By Delegates White and Perry:
H. B. 2470 - "A Bill to amend and reenact §46A-5-101 of the Code of West Virginia, 1931, as amended, relating to limiting to one year the time that an action may be brought for a violation of the Consumer Protection Act involving consumer credit sales or consumer loans made pursuant to revolving charge accounts or revolving loan accounts; and providing certain exceptions"; to the Committee on the Judiciary.
By Delegates Iaquinta, Caputo, Fragale and Evans:
H. B. 2471 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §23-4-26 and §23-4-27, all relating to cardiovascular injury or disease or pulmonary disease suffered by a professional firefighter; creating a rebuttable presumption that cardiovascular injury or disease or pulmonary disease suffered by a professional firefighter is an occupational injury, if certain criteria are met; creating a rebuttable presumption that cardiovascular injury or disease or pulmonary disease resulting in death of a professional firefighter is a death by an occupational injury, if certain criteria are met; providing that sufficient notice of occupational injury, disease or death has been satisfied under such circumstances; establishing presumption that death or injury not occasioned by willful intent; and definitions"; to the Committee on the Judiciary then Finance.
By Delegates Iaquinta, Caputo, Fragale and Evans:
H. B. 2472 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto three new sections, designated §23-4-26, §23-4-27 and §23-4-28, all relating to cardiovascular injury or disease or pulmonary disease suffered by a firefighter; cardiovascular injury or disease or pulmonary disease resulting in a firefighter's death; and presumption of occupational disease for certain types of cancer for firefighters who have been exposed to toxic substances"; to the Committee on the Judiciary then Finance.
By Delegates Ennis, Perry and Boggs:
H. B. 2473 - "A Bill to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended, relating to the creation of an affirmative defense for certain civil and criminal actions arising from the sale of alcoholic liquors, wine and nonintoxicating beer by licensed private clubs to persons less than the age of twenty-one whose age is verified by use of scanner technology"; to the Committee on the Judiciary.
By Delegates Blair, Duke, Overington, Tabb and Doyle:
H. B. 2474 - "A Bill to amend and reenact §20-7-25 of the Code of West Virginia, 1931, as amended, relating to establishing a volunteer litter reporting program"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Williams, Perry, Stemple and Argento:
H. B. 2475 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to reducing state income tax for state correctional officer retirees by exempting state correctional officers' retirement income from the federal adjusted gross income for calculating adjusted gross income for state income tax purposes"; to the Committee on Pensions and Retirement then Finance.
By Delegates Ennis, Long and Tucker:
H. B. 2476 - "A Bill to amend and reenact §17C-6-1 of the Code of West Virginia, 1931, as amended, relating to speed limits generally and authorizing the Commissioner of the Division of Highways to establish speed limits lower than twenty-five miles per hour"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Kominar, Brown and Craig:
H. B. 2477 - "A Bill to amend and reenact §48-11-105 of the Code of West Virginia, 1931, as amended, relating to child support generally; and modifying the definition of 'substantial change'"; to the Committee on the Judiciary.
By Delegates Kominar and Stalnaker:
H. B. 2478 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2F-1, relating to rates and charges assessed by electric and natural gas utilities; providing for the assessment of rate surcharges by electric and natural gas utilities to allow the utilities to recoup expenses associated with uncollectible accounts; and requiring the Public Service Commission to promulgate related rules"; to the Committee on the Judiciary.
By Delegates Stalnaker and White:
H. B. 2479 - "A Bill to amend and reenact §29-22-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-16 of said code, all relating to video lottery offenses in general; making it a felony to steal lottery tickets and establishing the penalty therefor; and making it a felony to use, or assist another in the use of, certain electronic, electrical, or mechanical devices to obtain an advantage at playing any racetrack video lottery machine, and establishing the penalty therefor"; to the Committee on the Judiciary.
By Delegates Williams, Eldridge, Paxton, Canterbury, Fragale and Lane:
H. B. 2480 - "A Bill to amend and reenact §18-5-13a of the Code of West Virginia, 1931, as amended, relating to requiring voter approval prior to closure and consolidation of certain schools with grades eight or below when new building construction or addition of two or more classrooms are involved and the closure or consolidation was not included in a local bond issue approved by the voters; exceptions"; to the Committee on Education then the Judiciary.
By Delegates Williams, Boggs and Tabb:
H. B. 2481 - "A Bill to amend and reenact §17A-10-3 of the Code of West Virginia, 1931, as amended, relating to registration fees for vehicles and allowing a registrant to transfer the registration of a Class C vehicle to another Class C type vehicle titled in the name of the registrant"; to the Committee on Roads and Transportation then Finance.
By Delegates Boggs, Perdue, Ashley and Barker:
H. B. 2482 - "A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for financial exploitation of an elderly person or incapacitated adult"; to the Committee on the Judiciary.
By Delegates DeLong, Mahan, Morgan, Azinger and Hamilton:
H. B. 2483 - "A Bill to amend and reenact §20-1A-3 of the Code of West Virginia, 1931, as amended, relating to granting the public land corporation the authority to condemn certain abandoned structures in the waters of the state causing or contributing to flooding or erosion; requiring owner to remove certain abandoned structures; authorizing repayment to public land corporation for certain costs incurred; authorizing citations for violations of right of entry; and establishing civil penalties"; to the Committee on the Judiciary.
By Delegates DeLong, Mahan, Morgan, Azinger and Hamilton:
H. B. 2484 - "A Bill to amend and reenact §21-9-4 and §21-9-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-2-2 of said code, all relating to requiring manufactured housing, fuel oil and propane tanks and other items to be properly secured when in flood plain; requiring certificate or installation approval from flood plain manager prior to installation; providing for penalties; providing that utility service may not be provided to a building or manufactured home under certain conditions; and requiring building or property owner provide utility companies with certificate or installation approval before service to home may be provided"; to the Committee on the Judiciary.
By Delegates DeLong, Mahan, Morgan, Pino, Azinger and Hamilton:
H B. 2485 - "A Bill to amend and reenact §7-1-3u of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-21A-4 of said code, all relating to flood plain management and flood debris generally; requiring flood plain management plans to prohibit or regulate placement of manufactured housing and storage of materials which may become flood debris or present additional flood hazards; requiring local governments establish penalties for violations of flood plain management plans; and authorizing the conservation agency to remove debris and other impediments during flood emergencies"; to the Committee on the Judiciary.
By Delegates Kominar, Brown and Craig:
H. B. 2486 - "A Bill to amend and reenact §48-13-502 and §48-13-601 of the Code of West Virginia, 1931, as amended, all relating to including education related child care expenses in the child support calculation; and eliminating the twenty-five percent reduction to the child support adjustment"; to the Committee on the Judiciary.
By Delegates Hatfield, Martin, Perdue, Marshall and Long:
H. B. 2487 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1, relating to ensuring patient safety; defining terms; creating an 'acuity-based patient classification system'; assigning powers and duties to the Bureau for Public Health; establishing minimum direct-care registered nurse to patient ratios; requiring annual staffing plans and certifications as a condition of licensing; requiring an annual audit; providing additional conditions for licensing; prohibiting assignment of unlicensed personnel to perform licensed nurse functions; requiring a full-time registered nurse executive leader; providing for quality assurance; requiring appropriate orientation and competence in clinical area of assignment with documentation thereof to be maintained in personnel files; prohibiting understaffing of other personnel; prohibiting mandatory overtime and on-call policies except in emergencies; providing for violations and civil penalties; and posting notices of violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Miley and Fragale:
H. B. 2488 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to fleeing from a law-enforcement officer; and providing felony penalties for certain persons convicted of fleeing a law-enforcement officer"; to the Committee on the Judiciary.
By Delegates Caputo, Fragale and Longstreth:
H. B. 2489 - "A Bill to amend and reenact §18-5-13a of the Code of West Virginia, 1931, as amended, relating to requiring voter approval prior to closure and consolidation of certain schools with grades eight or below when new building construction or addition of two or more classrooms are involved and the closure or consolidation was not included in a local bond issue approved by the voters; exceptions"; to the Committee on Education then Finance.
By Delegates Palumbo, Wells, Hatfield, Brown, Walters and Stemple:
H. B. 2490 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to permitting county sheriffs to deny a licence to carry a concealed weapon to applicants who have been convicted of a misdemeanor sexual offense at the county sheriff's discretion"; to the Committee on the Judiciary.
By Delegates Caputo and Martin:
H. B. 2491 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating to meeting and conference rights for members of fire departments employed by political subdivisions; providing for the right of self-organization; allowing designation of an exclusive representative agent; imposing a duty to meet and confer with employees; allowing deduction of employee organization dues and assessments; providing for compulsory arbitration of disputes; listing prohibited acts; allowing hearing before Civil Service Commission; providing judicial review; specifying powers and duties of the Civil Service Commission; and allowing injunctive relief"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Frederick, Porter and Long:
H. B. 2492 - "A Bill to amend and reenact §22-11-3 of the Code of West Virginia, 1931, as amended, relating to defining 'fill material' in the Water Pollution Control Act"; to the Committee on the Judiciary.
By Delegates Hamilton, Sobonya, Ellem, Porter, M. Poling and Stalnaker:
H. B. 2493 - "A Bill to amend and reenact §17C-16-6 of the Code of West Virginia, 1931, as amended, relating to motor vehicle inspections generally; and removing the provision for free headlight adjustments"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, Hrutkay and Doyle:
H. B. 2494 - "A Bill to amend and reenact §57-3-9 of the Code of West Virginia, 1931, as amended, relating to removing the privilege of confidentiality in communications to clergy when the communications involve matters involving sexual abuse of a minor child"; to the Committee on the Judiciary.
By Delegates Brown, Martin, Hrutkay and Doyle:
H. B. 2495 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46-9-410, relating to the use of checks, bank account debit authorizations or share drafts as security for loans or cash advances made for personal, family or household purposes"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Caputo, Talbott and Hatfield:
H. B. 2496 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-3, relating to requiring contractors awarded state public works construction projects to meet time restrictions for the completion of a public works construction project; defining 'public works construction contract'; providing a monetary penalty for failure to complete a public works construction project on the agreed-upon completion date; providing exceptions in which extensions may be granted; providing limitations upon an increase in contract price, or extension of time to complete a project, in the event of change orders; and directing the Secretary of the Department of Administration to propose legislative rules designed to implement the law"; to the Committee on Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegate Palumbo:
H. B. 2497 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-2-13a, relating to creation of the Judicial Compensation Commission; providing for the appointment of commission members; providing that the commission makes recommendations to the Legislature concerning the salary of magistrates, judges and justices"; to the Committee on the Judiciary.
By Delegates Azinger and Craig:
H. B. 2498 - "A Bill to amend and reenact §61-8-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8B-1 of said code, all relating to sexual offenses involving children; enhancing the penalty for indecent exposure where the victim is a child under the age of fourteen; increased penalties for second and subsequent offenses; expanding the definition of sexual contact to include the touching of the buttocks"; to the Committee on the Judiciary.
By Delegates Cann, Stalnaker, Perdue and Perry:
H. B. 2499 - "A Bill to amend and reenact §11-21-10 of the Code of West Virginia, 1931, as amended, relating to the low income exclusion of the personal income tax"; to the Committee on Finance.
By Delegates Marshall, Hatfield, Tucker, Miley, M. Poling and Moore:
H. B. 2500 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i; and to amend said code by adding thereto a new section, designated §17A-3-4a, all relating to special equipment installed in a motor vehicle for the use of a person with physical disabilities; and excluding the equipment from the sales and use tax and its value when determining the value of the vehicle for imposition of the tax on the privilege of effecting the certification of the title of the vehicle"; to the Committee on Roads and Transportation then Finance.
By Delegates Marshall, Hatfield, Tucker, Fragale, Miley and M. Poling:
H. B. 2501 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated º46A-2A-101 and º46A-2A-102, all relating to enabling a consumer to direct a consumer reporting agency to place a 'security freeze' on his or her credit report"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Marshall, Hrutkay, Hatfield, Long, Moore, Brown, Longstreth, Perry, Wells and Spencer:

H. B. 2502 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22j; and to amend said code by adding thereto a new section, designated §18-7A-26u, all relating to the Public Employees Retirement System and the Teachers Retirement System; and providing a one-time supplement for annuitants and survivor beneficiaries after being retired five consecutive years"; to the Committee on Pensions and Retirement then Finance.
By Delegates Boggs, Stemple and Tansill:
H. B. 2503 - "A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended, relating to the requirements for obtaining a driver's license or identification card; and allowing persons who possess a valid driver's license to also obtain an identification card"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Boggs and Williams:
H. B. 2504 - "A Bill to amend and reenact §17A-4-10 of the Code of West Virginia, 1931, as amended, relating to salvage certificates for certain wrecked vehicles; changing the threshold by which a vehicle is determined to be totaled; clarifying that insurance companies must obtain the title to a totaled vehicle when they pay a claim to an insured or claimant, as a condition of payment; providing that the cost of airbag replacement is not to be considered when calculating the cost of repair for the purposes of determining whether the vehicle is totaled; providing that nothing in subsection (a) of the section shall be construed to limit the ability of any party to a claim for damages to a motor vehicle to settle the claim by arbitration or negotiation; clarifying that insurers shall, within ten days, determine if the vehicle is repairable, cosmetically damaged or nonrepairable and submit an application on a form prescribed by the commissioner; providing that only a wrecker/dismantler/rebuilder that is licensed by the Division of Motor Vehicles is exempt from the payment of the five percent privilege tax on titling reconstructed vehicles"; to the Committee on Roads and Transportation then Finance.
By Delegates White and Kominar:
H. B. 2505 - "A Bill to amend and reenact §46A-4-110 of the Code of West Virginia, 1931, as amended, relating to the sale of home and automobile membership plans by consumer lenders"; to the Committee on the Judiciary.
By Delegates Brown and Caputo:
H. B. 2506 - "A Bill to amend and reenact §16-30-3 and §16-30-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-30C-2, §16-30C-3, §16-30C-6 and §16-30C-9 of said code, all relating to the West Virginia Health Care Decisions Act and the West Virginia Do Not Resuscitate Act providing circumstances when health care facilities and providers are not required to perform cardiopulmonary resuscitation; and providing protections from civil and criminal liability under certain circumstances"; to the Committee on the Judiciary.
By Delegates DeLong and Perdue:
H. B. 2507 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §27-17A-1, §27-17A-2, §27-17A-3, §27-17A-4, §27-17A-5, §27-17A-6, §27-17A-7, §27-17A-8, §27-17A-9, §27-17A-10, §27-17A-11 and §27-17A-12, all relating to creation of a registry containing names of employees from any agency or organization under the authority of the Department of Health and Human Resources who have committed acts of abuse, neglect or misappropriation of property against any person under the care, custody or control of the agency or organization; providing for definitions of certain terms; requiring that each organization and agency under the authority of the Department of Health and Human Resources maintain individual employee forms for recording personal information as well as information related to allegations of abuse, neglect or misappropriation of property; addressing how complaints are handled and investigated; providing for appeal by persons determined to have committed any act of misconduct under the provisions of this article; requiring employment screening of applicants for employment; setting forth the Secretary of the Department of Health and Human Resources' duties under the article; prohibiting the employment of persons whose names are contained on the registry; setting forth the standard of proof to be applied in contested matters involving allegations of misconduct; providing that, pending final outcome of contested matters involving allegations of misconduct, records are not accessible to the public; providing that information contained on the registry is public information; providing a mechanism for removal of names from the registry for good cause; requiring the secretary to propose legislative rules for rehabilitation and behavior modification of persons whose names are included on the registry; and, requiring mandatory reporting by employees and others of instances of abuse, neglect or misconduct they witness subject to the provisions of this article"; to the Committee on Government Organization then the Judiciary.
By Delegates Swartzmiller and Mahan:
H. B. 2508 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6A-9a, relating to requiring that a letter of explanation from the Department of Health and Human Resources be provided to parents whose children are contacted at school for purposes of investigating reports of abuse or neglect"; to the Committee on Government Organization then the Judiciary.
By Delegates Schoen and Caputo:
H. B. 2509 - "A Bill to amend and reenact §48-1-228 of the Code of West Virginia, 1931, as amended, relating to the definition of gross income for purposes of determining child support; providing that certain employment-related expenses are excluded from gross income"; to the Committee on the Judiciary.
By Delegates Webster, Spencer, Palumbo, Hatfield and Brown:
H. B. 2510 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15-23a, relating to providing a special fund for the Economic Development Authority to address employment and economic development problems of minority populations of this state"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Iaquinta, Argento, Barker, Fragale and Azinger:
H. B. 2511 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16C-9a, relating to providing unused, unexpired nonnarcotic drugs to free health care clinics in the state from deceased nursing home patients or residents with the consent of the family of the decedent"; to the Committee on Health and Human Resources the Finance.
By Delegates Palumbo, Mahan, Brown, Carmichael, Frederick, Ellem and Doyle:
H. B. 2512 - "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to making the offense of failure to wear safety belts a primary offense"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates DeLong, Martin, Hrutkay and Paxton:
H. B. 2513 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to exempting one motor vehicle owned by a resident of this state on active duty in the United States Military from ad valorem taxes for any taxable year the person is in the military"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegates Ennis, Stemple and Varner:
H. B. 2514 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to license to carry a deadly weapon; and adding a training course exception for certain veterans"; to the Committee on the Judiciary.
By Delegates DeLong, Walters, Hatfield and Caputo:
H. B. 2515 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §5-3-6, §5-3-7, §5-3-8 and §5-3-9, all relating to the Attorney General generally; creating an insurance advocacy unit in the Office of the Attorney General; providing for the appointment of an Insurance Advocate; setting forth the authority of the Insurance Advocate; and providing for the duties of the Insurance Advocate"; to the Committee on Banking and Insurance then Finance.
By Delegates Moore, Kominar, Perry, Barker, Carmichael and Ashley:
H. B. 2516 - "A Bill to amend §31A-2-6 of the Code of West Virginia, 1931, as amended, relating to providing that the Division of Banking shall employ the same frequency of examination schedules of depository financial institutions as the primary federal regulators of those institutions"; to the Committee on Banking and Insurance then Finance.
By Delegates Moore, Kominar, Perry, Barker, Carmichael and Ashley:
H. B. 2517 - "A Bill to amend §31A-8A-2 and §31A-8A-3 of the Code of West Virginia, 1931, as amended, all relating to providing that the board of banking and financial institutions have the authority to approve acquisitions of out-of-state banks and bank holding companies by West Virginia state banks or bank holding companies"; to the Committee on Banking and Insurance then Finance.
By Delegates Moore, Kominar, Perry, Barker, Carmichael and Ashley:
H. B. 2518 - "A Bill to amend and reenact §31A-3-1 of the Code of West Virginia, 1931, as amended, relating to providing that the per diem compensation for members of the Board of Banking and Financial Institutions shall be the same as the amount set by law for legislators attending to interim duties"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2519 - "A Bill to amend and reenact §4-11A-1, §4-11A-2 and §4-11A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto thirteen new sections, designated §4-11A-6, §4-11A-7, §4-11A-8, §4-11A-9, §4-11A-10, §4-11A-11, §4-11A-12, §4-11A- 13, §4-11A-14, §4-11A-15, §4-11A-16, §4-11A-17 and §4-11A-18, all relating to legislative appropriation of tobacco settlement funds; setting forth legislative findings and purposes; receipt of settlement funds and required deposit in West Virginia Tobacco Settlement Medical Trust Fund; receipt of settlement funds and required deposit in the West Virginia Tobacco Settlement Fund; creation of Tobacco Settlement Finance Authority and providing for general powers; establishing governing board of the authority; defining staff of the authority; limitation of liability; providing certain definitions; authorizing sale of rights in a master settlement agreement; authorization of bonds of the authority; providing for the use of proceeds of bonds of the authority; providing an exemption from state purchasing provisions; providing bankruptcy provisions; establishing the dissolution of the authority; severability of sections; and construction of article"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2520 - "A Bill to amend and reenact §7-18-2 of the Code of West Virginia, 1931, as amended, relating to hotel occupancy tax; increasing the rate of hotel occupancy tax imposed by counties to not more than six percent"; to the Committee on Government Organization then Finance.
By Delegates Spencer, Craig, Stemple, Browning, Stephens, Duke and Canterbury:
H. B. 2521 - "A Bill to amend and reenact §18-7A-13a, §18-7A-14, §18-7A-23 and §18-7A- 24 of the Code of West Virginia, 1931, as amended, all relating to the State Teachers Retirement System; requiring employers to provide information for contributions to the Teachers Retirement System; and clarifying terms in the State Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Spencer, Stemple, Duke, Canterbury, Browning, Craig and Stephens:
H. B. 2522 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-6a, relating to voluntary election by eligible public safety officers for distributions from retirement plans for payment of qualified health insurance premiums"; to the Committee on Pensions and Retirement then Finance.
By Delegates Spencer, Duke, Canterbury, Browning, Craig, Stephens and Stemple:
H. B. 2523 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-9, relating to when the Consolidated Public Retirement Board shall pay annuities"; to the Committee on Pensions and Retirement then Finance.
By Delegates Spencer, Stemple, Duke, Canterbury, Browning and Stephens:
H. B. 2524 - "A Bill to repeal §5-10-43 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-10-26, §5-10-44 and §5-10-54 of said code, all relating to the Public Employees Retirement System; removing the requirement that a no longer disabled employee must return to his or her former job; permitting administrative hearings before disability retirement termination; requiring a reemployment list; clarifying procedures for reapplication by disability retirants whose benefits were terminated for economic causes; correcting errors; terminating benefits for knowingly making false statements or permitting false records to be filed with the Consolidated Public Retirement Board in an attempt to defraud the system; and requiring notification to the appropriate county prosecutor"; to the Committee on Pensions and Retirement then Finance.
By Delegates Swartzmiller, Beach, Hrutkay, Klempa, Pethtel, Ennis, Iaquinta, Hutchins, Perry, Shook and DeLong:

H. B. 2525 - "A Bill to amend and reenact §24E-1-11 of the Code of West Virginia, 1931, as amended, relating to extending the termination of the West Virginia statewide addressing and mapping board from the first day of April, two thousand seven, until the first day of April, two thousand nine, by transferring duties of the board to the Division of Homeland Security and Emergency Management; providing for legislative and emergency rules for standards; providing funding and interoperability; providing for legislative and emergency rules for standard fees to be charged by counties for digital or other maps, compilations or other works; creating an advisory board to advise on matters concerning a statewide addressing and mapping system; and, establishing the composition and powers of the advisory board"; to the Committee on Veterans Affairs and Homeland Security then Government Organization.
House Calendar
Third Reading
H. B. 2141, Raising the age at which a person may request to be excused from jury duty from sixty-five to seventy; 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. 7), and there were--yeas 74, nays 20, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Anderson, Argento, Armstead, Ashley, Barker, Blair, Border, Kessler, Lane, Martin, J. Miller, Moye, Porter, Schadler, Sobonya, Stemple, Stephens, Tabb, Walters and Wysong.
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2141) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2285, Updating the meaning of federal adjusted gross and certain other terms used in West Virginia Personal Income Tax Act; 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 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2285) passed.
Delegate DeLong 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 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2285) 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.
Com. Sub. for H. B. 2314, Updating the meaning of "federal taxable income" and certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act; 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. 10), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub.. for H. B. 2314) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 11), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
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. 2314) 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.
Com. Sub. for H. B. 2315, Relating to notification of parole hearings; 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. 12), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Andes, Campbell, Carmichael, Michael and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2315) passed.
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. 2120, Prescribing minimum standards for municipal judges; 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 DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Andes, Campbell, Carmichael, Michael and Talbott.
At 11:44 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 25, 2007.