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Tuesday, January 30, 2007

TWENTY-FIRST 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 Monday, January 29, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 140, Relating to depositing certain moneys into magistrate court fund,
And,
S. B. 141, Providing family court jurisdiction over sibling visitation petitions,
And reports the same back with the recommendation that they each do pass.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented the 2005-2006 annual report of the Division of Corrections, in accordance with section twenty, article one, chapter five of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the twenty-sixth annual report of the Commission on Special Investigations, in accordance with section two, article five, chapter four of the code; which was filed in the Clerk's Office.
The Clerk announced the receipt and filing of a letter from the Legislative Rule-Making Review Committee and the accompanying report and bills relating thereto, which communications appear in the proceedings of yesterday, January 29, 2007, commencing on page 373.
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. 59 - "A Bill to amend and reenact §5-11A-3 and §5-11A-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §21-11-3 of said code; and to amend said code by adding thereto a new section, designated §21-11-10a, all relating to defining 'universal design'; providing immunity from civil damages to a worker, contractor, engineer or architect who, in good faith, provides services for materials, without remuneration, to build or install basic universal design features in accordance with applicable codes and state and federal laws; and providing for a standard form informational list of basic universal design features to be provided to a future buyer of any proposed residential housing in the state by the licensed contractor"; 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. 148 -
"A Bill to amend and reenact §61-8-9 of the Code of West Virginia, 1931, as amended, relating to providing that breast feeding of a child in public or private shall not be considered public indecency"; which was referred to the Committee on Health and Human Resources then 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. 205 - "A Bill to amend and reenact §48-27-902 and §48-27-903 of the Code of West Virginia, 1931, as amended, all relating to clarifying that continuing to threaten or harass a petitioner, by whatever means, is a violation of a domestic violence protective order"; 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. 217 - "A Bill to extend the time for the city council of the city of Piedmont, Mineral County, to meet as a levying body for the purpose of presenting to the voters of the city an election to continue an additional municipal levy to maintain the existing public streets, fire hydrants and lines for the city of Piedmont and for payment of any obligation by the city due to higher costs and for the purpose of paying all costs incurred in the laying of this additional levy from between the seventh and twenty-eighth days of March and the third Tuesday in April until the thirty-first day of May, two thousand seven"; which was referred to the Committee on Political Subdivisions then the Judiciary.
Resolutions Introduced

Delegates Shook, Fleischauer, Marshall and Beach offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 13 - "Requesting the Joint Committee on Government and Finance to make a study of municipal self government in the State of West Virginia."
Whereas, Changes in the system and organization of local government in West Virginia and in the powers granted to said local governments may increase efficiency and maintain or improve existing services; and
Whereas, Changes in the administration and operations of local governments may allow the various regions of the state to better address their different local and regional needs by permitting municipalities to use a wider range of resources with greater flexibility in their efforts to formulate local and regional approaches for the encouragement of economic development and the provision of services to residents; and
Whereas, Before any expansion of taxing authority of local governments can fairly be considered, there must first be an analysis of local government efficiency, tax fairness and stability, and the balance between quality services and the level of taxation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance be requested to create an Inter- Governmental Study Commission.
That such commission shall consist of fifteen members; three members to be appointed by the President of the Senate, not more than two members so appointed to be members of the Senate, with no more than one of such Senate members to be of the same party, and one member to be a representative, private citizen; three members to be appointed by the Speaker of the House of Delegates, with not more than two members so appointed to be members of the House of Delegates, with no more than one of such House members to be of the same political party, and one member to be a representative, private citizen; and three members to be appointed by the Governor. The representative, private citizen members should include persons with background, knowledge or experience in taxation, economics, current conditions of business and industry, labor, commerce, or other activities fundamental to the business environment; and such other persons found eligible by the appointing authority because of sound judgment and deep interest may be appointed as representative citizens.
Such commission shall also consist of six members representing local governments, three of whom shall represent the interest of counties, and three of whom shall represent the interests of municipalities, to wit: The Association of Counties and the West Virginia Municipal League shall each submit a list of members to the Governor, the President of the Senate and Speaker of the House, from which list each shall appoint one county representative and one municipal representative; and, be it
Further Resolved, That the pilot cities be granted the authority to adopt a specific home rule charter with sunset provisions to allow for a trial period of home rule in that city to begin an appropriate analysis. The city will submit a plan indicating the necessity, implementation, and administration of the pilot program to said commission. The commission is hereby requested to review, examine and study the present structure of county and municipal governments in West Virginia, evaluate the pilot city's program and progress to make recommendations on how the entire local government system, the Constitution of West Virginia and the statutes of West Virginia related thereto may be improved or amended to increase efficiency and maintain existing services; and, be it
Further Resolved, That the said commission is hereby requested to define the term "Self Government," to examine the Self Government concept in depth, and propose specific organizational and fiscal solutions; and, be it
Further Resolved, That the commission shall elect one of its members as chairman, one as vice chairman and other officers as it deems appropriate. Vacancies on the commission shall be promptly filled by the original appointing authority.
The commission may employ such professional, clerical and technical assistants as it deems necessary in order to perform its duties, and may request information from any state, county, or municipal officer or agencies in order to assist the performance of its duties.
The commission shall meet in Charleston or elsewhere as it may deem necessary or appropriate, and it shall convene at least quarterly and at such other times as its duties may require. The first meeting shall be called jointly by the President of the Senate and the Speaker of the House of Delegates, one of whom shall preside temporarily and until a chairman is elected.
The interim findings of the Inter-Governmental Study Commission shall be reported to the Legislature at the interim sessions of the Legislature, two thousand seven with respect to progress of activities, programs and plans of the commission toward the development of recommendations; and a report of the commission shall be submitted to the Legislature at its regular session, two thousand eight unless the existence of the Inter-Government Study Commission is continued by resolution or other action of the Joint Committee on Government and Finance; and, be it
Further Resolved, That the expenses necessary to conduct the commission's study and to prepare appropriate reports, recommendations and proposed legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Delegates Staggers, Amores, Argento, Barker, Beach, Boggs, Brown, Burdiss, Canterbury, Caputo, Craig, Crosier, DeLong, Doyle, Eldridge, Ellis, Ennis, Fleischauer, Guthrie, Hartman, Hatfield, Hrutkay, Hutchins, Kominar, Manchin, Marshall, Martin, Moore, Morgan, Moye, Palumbo, Perdue, Perry, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Shaver, Shook, Spencer, Stephens, Swartzmiller, Tabb, Webster, Wells, White, Williams and Wysong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 14 - "Requesting the Joint Committee on Government and Finance study the state of the delivery of health care in West Virginia to address: (1) Access to care; (2) insurance coverage; and (3) a single payor plan."
Whereas, There is a crucial need for access to health care in this state, which is currently not being met by the state and federal government, health care providers and insurance programs; and
Whereas, The coordination of a single payor, state operated insurance system for health care for every person may be achievable with the coordination of services through the fifty-five county health departments, providing insurance coverage through the PEIA to volunteer health care providers working out of the county health departments and consolidation of funding sources and economies of scale in providing health care services; and
Whereas, The health care crisis in West Virginia and the United States continues as more and more people lose their health care insurance and rely on the provision of health care in emergency rooms which results in high costs of professional liability insurance for physicians, impeding access of other patients to care by emergency physicians and other specialists such as surgeons, obstetricians, and neurosurgeons and results in attrition and an inability to recruit new physicians to West Virginia; which is compounded by federal law that requires emergency departments to care for everyone but does not provide for payment of these mandated services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the state of the delivery of health care in West Virginia to address: (1) Access to care; (2) insurance coverage; and (3) a single payor plan; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the 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.
Delegates Barker, Eldridge, Ellis, Hrutkay and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 15 - "Naming the stretch of highway between the Racine bridge and the Peytona bridge on Route 3 in Boone County 'The Travis Harless Memorial Highway'."
Whereas, Travis Harless, at the age of 24, was killed while riding his motorcycle approximately 1.03 miles from the Racine intersection on Route 3 in Boone County going west; and
Whereas, Travis died at the scene of the accident after his motorcycle struck a car, ejecting him into the path of an oncoming car; and
Whereas, Travis is sadly missed by his many friends and family, including his wife, parents, brother and grandparents; and
Whereas, Travis was a loving and devoted friend, husband, son, brother and grandchild whose youthful life was taken by a tragic and unfortunate terrible accident; therefore, be it
Resolved by the Legislature of West Virginia:
That the stretch of highway between the Racine bridge and the Peytona bridge on Route 3 in Boone County shall be named "The Travis Harless Memorial Highway;" and, be it
Further Resolved, That the Division of Highways shall erect signs at each end of the Racine and Peytona bridges notifying motorists of the memorial designation; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Pam Harless (Travis' mother) at her place of residence at HC 81, Box 259, Racine, West Virginia 25165.
Delegates Tansill, Mr. Speaker, Mr. Thompson, Andes, Armstead, Ashley, Azinger, Beach, Blair, Border, Browning, Burdiss, Campbell, Carmichael, Cowles, Craig, Crosier, Duke, Eldridge, Ellem, Ellis, Ennis, Frederick, Guthrie, Hartman, Hrutkay, Hutchins, Kessler, Lane, Long, Longstreth, Mahan, Manchin, Miley, C. Miller, J. Miller, Morgan, Moye, Overington, Palumbo, Paxton, Perry, Pethtel, Pino, Porter, Rodighiero, Romine, Rowan, Schadler, Shaver, Sobonya, Staggers, Stemple, Stephens, Sumner, Varner and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 16 - "Requesting the United States Congress to enact legislation providing for the issuance of a commemorative coin in 2008 to celebrate the 100th Anniversary of Mother's Day, and for purposes connected therewith."
Whereas, The holiday known as Mother's Day was founded in Grafton, West Virginia, and
Whereas, The founder of Mother's Day, Miss Anna Jarvis, was a long-time resident of Taylor County, West Virginia, and
Whereas, Miss Jarvis was instrumental in seeing that the first official Mother's Day service was held at the Andrews Methodist Episcopal Church on May 10, 1908, and
Whereas, Following this first service, Miss Jarvis dedicated her life to spreading the beliefs of Mother's Day throughout the world, and
Whereas, West Virginia became the first state to officially recognize Mother's Day as a holiday, upon the proclamation of Governor William Glasscock, and
Whereas, Annual Mother's Day service have been held in the Andrews Methodist Episcopal Church building every year since 1908, and
Whereas, The General Conference of the Methodist Church, meeting in San Francisco, California in 1952, declared Andrews Methodist Episcopal Church to be the "Mother Church of Mother's Day," and recommended that it be maintained as a shrine, and
Whereas, Since 1952 the church building has been maintained as an international shrine to Mother's Day and motherhood, and
Whereas, Since 1966 the building has not been used for religious purposes, but has solely become the International Mother's Day Shrine, which is owned and maintained by the International Mother's Day Shrine Foundation, Inc. (a West Virginia non-profit corporation), and
Whereas, The United States Department of the Interior has recognized the national importance of the International Mother's Day Shrine by listing it in the National Register of Historic Places on September 18, 1970, and by declaring it a National Historic Landmark on October 1992, and
Whereas, The Legislature feels that, with the upcoming 100th Anniversary of Mother's Day in 2008, that certain commemoration of this holiday, its shrine, and its founder would be most appropriate, and
Whereas, The Legislature feels that this commemoration would best be displayed by the issuance of a commemorative coin by the United States Mint, therefore be it
Resolved by the Legislature of West Virginia:
That the United States Congress is hereby requested to enact legislation to provide for the issuance of a commemorative coin in 2008 to celebrate the 100th Anniversary of Mother's Day, and be it
Further Resolved, That it is requested that said legislation contain provisions that the obverse of said commemorative coin should carry the image of Miss Anna Jarvis, the founder of Mother's Day, and that the reverse of said commemorative coin should carry the image of the International Mother's Day Shrine in Grafton, West Virginia; and be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a certified copy of this resolution to West Virginia's congressional delegation, the President of the United States, the United States Secretary of the Treasury, the Citizens Coinage Advisory Committee within the United States Department of the Treasury, and the Board of Trustees of the International Mother's Day Shrine Foundations, Inc.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
Delegates Proudfoot, M. Poling, Campbell, Perdue and White:
H. B. 2699
- "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-2-11 of said code, all relating to reports of inspections of primary and secondary schools by local boards of health; and authorizing the Commissioner of the Bureau for Public Health to promulgate and establish standards for these inspections"; to the Committee on Education then Finance.
By Delegates Campbell and Canterbury:
H. B. 2700
- "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to permitting magistrates to carry concealed handguns without a permit"; to the Committee on the Judiciary.
By Delegate Spencer:
H. B. 2701
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to school-based interpreters generally; and establishing standards for school based interpreters"; to the Committee on Education then Finance.
By Delegates Campbell and Canterbury:
H. B. 2702
- "A Bill to amend and reenact §17A-6-5 and §17A-6-5a of the Code of West Virginia, 1931, as amended, all relating to new recreational vehicles; creating an exemption for certain out-of-state dealers and manufacturers from certain license requirements; and authorizing certain out-of-state dealers and manufacturers to participate in and sell at certain limited forums in the state"; to the Committee on Roads and Transportation then Finance.
By Delegates Campbell, Williams, Eldridge, Hrutkay, Stemple, Paxton and Martin:

H. B. 2703
- "A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to authorizing certain students receiving instruction in fly fishing to fly fish while under the supervision of an instructor without obtaining a license; conditions"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Varner, Fragale, Pethtel, Ennis, Hartman, Eldridge, Wysong, Swartzmiller, Kominar, Shaver and Stemple:

H. B. 2704
- "A Bill to amend and reenact º33-3-33 of the Code of West Virginia, 1931, as amended, relating to providing for administration and training expenses from Fire Protection Fund revenue to the West Virginia State Fire Chiefs' Association and the West Virginia State Fireman's Association; eligibility and requirements for receipt of funds; and exempting both associations from eligibility and spending requirements provided for volunteer and part-volunteer fire company or department"; to the Committee on Finance.
By Delegates Marshall and Fleischauer:
H. B. 2705
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-2A-101, §46A-2A-102, §46A-2A-103, §46A-2A-104, §46A-2A-105, §46A-2A-106, §46A-2A-107, §46A-2A-108 and §46A-2A-109, all relating generally to consumer credit and identity theft protection; defining certain terms; providing a procedure for consumers to implement a security freeze; providing for notice of consumer rights; providing for protection for consumer credit header information; providing for the right to file a police report in the event of security theft; requiring a notice to consumers of information systems breach; providing for factual declaration of innocence after identity theft; protecting social security numbers; providing for civil penalties for violations; providing for making a violation an unfair or deceptive act or practice; and providing for severability of the provisions of the article under certain circumstances"; to the Committee on the Judiciary.
By Delegates DeLong, Browning, Duke, Miley and Yost:
H. B. 2706
- "A Bill to amend and reenact §18-9A-2, §18-9A-10, §18-9A-11, §18-9A13b and §18-9A-21 of the Code of West Virginia, 1931, as amended, all relating to reforming the school aid formula by reducing from ninety-eight percent to seventy-percent the amount of the regular levy deducted from county boards of education for general current expense purposes; by ensuring that improved instructional programs receive at least $33 million annually; by providing at least $5 million to the State Board of Education to assist low-performing schools; by capturing moneys from declining enrollment and direct it to salaries of classroom teachers and service personnel; and by requiring at least an $8 million annual appropriation for alternative education programs"; to the Committee on Education then Finance.
By Delegates Varner, Caputo, Fragale, Manchin, Hartman, Wysong, Longstreth, Yost, Martin and Perry:

H. B. 2707
- "A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, relating to providing for a pension for volunteer firemen to enhance retention and recruitment of volunteer firemen; and authorizing revenues allocated to volunteer and part volunteer fire companies and departments to fund pensions for volunteer firemen"; to the Committee on Pensions and Retirement then Finance.
By Delegates D. Poling, Marshall, Argento, Klempa and Caputo:
H. B. 2708
- "A Bill to amend and reenact §12-3-5 of the Code of West Virginia, 1931, as amended, relating to electronic requisition format approved by the Auditor; and providing that the Auditor may set standards for archiving electronic and paper documents related to requisitions"; to the Committee on Government Organization then the Judiciary.
By Delegates Varner, Caputo, Fragale, Manchin, Hartman, Yost, Martin, Perry, Wysong, Shaver and Eldridge:

H. B. 2709
- "A Bill to amend and reenact §8-19-21 of the Code of West Virginia, 1931, as amended, relating to municipal and county waterworks systems and specifications for water mains generally; and requiring the installation of fire hydrants at intervals of not more than every two thousand feet on all water mains installed or upgraded on platted roadways or highways after the first day of July, two thousand seven"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Tucker, Martin, Shook, Yost, Perry, Stemple, Caputo, Hamilton, Marshall, Sobonya and Perdue:

H. B. 2710
- "A Bill to amend and reenact §21-9-2 of the Code of West Virginia, 1931, as amended, relating to the elimination of the licensure exemption for certain contractors of manufactured housing installation"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Varner, Caputo, Fragale, Manchin, Hartman, Wysong, Longstreth, Shaver, Yost, Martin and Perry:

H. B. 2711
- "A Bill to amend and reenact §29-3A-1 of the Code of West Virginia, 1931, as amended, relating to providing that fire officers may use adjacent property to prevent fire from spreading; and, making a minor stylistic change"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Moore, Kominar, Perry, Barker, Carmichael and Ashley:

H. B. 2712
- "A Bill to amend and reenact §31A-8-12 and §31A-8-12d of the Code of West Virginia, 1931, as amended, all relating to providing that the board of banking and financial institutions and the Commissioner of Banking shall determine whether a bank presents a significant supervisory concern or raises a significant legal or policy issue when evaluating an application to establish a bank branch"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Brown, Ennis, Long, Marshall, Perdue, Williams, Romine and Schadler:

H. B. 2713
- "A Bill to amend and reenact §49-1-3, of the Code of West Virginia, 1931, as amended; and to amend an 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 known child predators access to their custodial children; and relating to 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, Brown, Ennis, Long, Marshall, Perdue, Romine and Schadler:

H. B. 2714
- "A Bill to amend and reenact §17C-13-6 of the code of West Virginia, 1931, as amended, relating to parking areas designated for use by persons with a mobility impairment; removing the requirement that certain parking areas be provided without cost; authorizing certified nurse practitioner or physician's assistant to authorize the issuing of license plates or place cards; requiring certain markings in designated parking areas; increasing the fine for first offense parking violation; and providing that vehicles illegally parking in designated parking spaces may be towed"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, Brown, Ennis, Long, Marshall, Perdue, Williams, Romine and Schadler:

H. B. 2715
- "A Bill to amend and reenact §49-5-21 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-5a and §49-6-8 of said code, all relating to the judicial review of juvenile proceedings; requiring judicial review at least quarterly; permanency hearings when a court determines reasonable efforts to preserve families is not required; foster care review; and annual reports to the court"; to the Committee on the Judiciary.
By Delegates DeLong, Caputo, Webster, M. Poling, Klempa, Shook, Marshall and Hutchins:

H. B. 2716 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the reduction of state income taxes for certain state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes"; to the Committee on Pensions and Retirement then Finance.
By Delegates Stalnaker, Amores, Craig and Spencer:
H. B. 2717
- "A Bill to amend and reenact §5-10D-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §16-5V-1, §16-5V-2, §16-5V-3, §16-5V-4, §16-5V-5, §16-5V-6, §16-5V-7, §16-5V-8, §16-5V-9, §16-5V-10, §16-5V-11, §16-5V-12, §16-5V-13, §16-5V-14, §16-5V-15, §16-5V-16, §16-5V-17, §16-5V-18, §16-5V-19, §16-5V-20, §16-5V-21, §16-5V-22, §16-5V-23, §16-5V-24, §16-5V-25, §16-5V-26, §16-5V-27, §16-5V-28, §16-5V-29, §16-5V-30, §16-5V-31, §16-5V-32, §16-5V-33 and §16-5V-34, all relating to the Consolidated Public Retirement Board; providing that the board administer the Emergency Medical Services Retirement System; reflecting the long-standing fiduciary obligation of Consolidated Public Retirement Board members to the plans they administer; clarifying the personal liability of board members to the retirement plans they administer; clarifying that board members shall discharge their duties in accordance with the law; establishing the Emergency Medical Services Retirement System; setting forth definitions; providing effective dates; establishing federal qualification requirements; providing for liberal construction; providing that plan is not a substitute for social security; providing for and setting membership standards; setting forth required contributions from members and employers; creating fund and providing for investments; providing for transfer from Public Employees Retirement System; setting time limits; setting forth notice requirements and requiring a test case; commencement of benefits; federal law maximum benefit limitations and minimum required distributions; direct rollovers; providing for retirement credited through member's use of accrued annual or sick leave; providing for retirement benefits; setting forth annuity options; providing for refunds in certain circumstances; deferred retirement; forfeitures; awards and benefits for duty-related disability and for other causes; physical examinations; termination of disability; prior disability; awards and benefits to surviving spouse; additional death benefits and scholarships for dependent children; burial benefit; prohibiting double death benefits; loans to members; exemption from taxation, garnishment and other process; qualified domestic relation orders; fraud; criminal penalties; repayment; treatment of prior military service; pro rata reduction of annuities; effective date; starting date for benefits; limitation of county liability; and providing for no forfeiture of benefits if system terminates"; to the Committee on Pensions and Retirement then Finance.
By Delegates Swartzmiller, Beach, Caputo, Amores, Klempa, Schadler, Shook, Hutchins, Kominar and Wells:

H. B. 2718
- "A Bill to amend and reenact §29-22-18, §29-22A-10c and §29-25-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §29-22C-1, §29-22C-2, §29-22C-3, §29-22C-4, §29-22C-5, §29-22C-6, §29-22C-7, §29- 22C-8, §29-22C-9, §29-22C-10, §29-22C-11, §29-22C-12, §29-22C-13, §29-22C-14, §29-22C-15, §29-22C-16, §29-22C-17, §29-22C-18, §29-22C-19, §29-22C-20, §29-22C-21, §29-22C-22, §29- 22C-23, §29-22C-24, §29-22C-25, §29-22C-26, §29-22C-27, §29-22C-28, §29-22C-29, §29-22C- 30, §29-22C-31, §29-22C-32, §29-22C-33 and §29-22C-34, all relating to local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks; providing for Lottery Commission regulation of gaming activities; setting temporary percentage for Lottery Commission operation and administration expenses; providing recoupment criteria and changing the recoupment period for the capital reinvestment fund; authorizing table games at licensed horse and dog racetracks; providing for legislative findings and intent; conforming various statutory legislative findings related to the Constitutionality of lotteries to recent decisions of the West Virginia Supreme Court of Appeals; requiring local option elections to approve licensure of authorized table games at racetrack facilities; providing for reconsideration elections after five years; defining certain terms; providing for duties and powers and administrative expenses of the state Lottery Commission; appointment of Lottery Commission staff; providing for licenses to engage in activities related to operation of authorized table games at racetrack facilities; qualifications for applicant for license to operate authorized table games at a racetrack facility; floor plan requirements; management service contracts; coordination of licensed activities; license application requirements; racetrack table games licensee qualifications; license fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment, sale or pledge as collateral; audits and reports of licensee; duties of racetrack table games licensees; preference in hiring for table games jobs; requirements for supplier licensees; requirements for license for employees of operator of racetrack with authorized table games; requirements for management services provider license; prohibition of false statements on application for license; grounds for denial, revocation or suspension of license; hearing procedures; expiration and renewal of licenses; renewal fees; information included on license; display and availability of license; notice of change of address; promulgation of legislative and emergency rules; commission approval of table games rules of play; determination of betting limits, operations and services by racetrack licensee; posting of betting limits; standards for offering complimentary goods and services; contract agreements and cost for law-enforcement services; warrantless searches of person and property; imposing privilege tax on adjusted gross receipts of racetrack with authorized table games; providing for filing and payment of taxes; creating State Racetrack Table Games Fund; distribution of amounts in Fund; prohibited wagers and other activities; prohibiting wagers by certain persons; establishing criminal offenses and penalties; forfeiture of certain property; providing civil penalties; preemption of certain local laws and rules; and exemption from certain federal laws relating to shipment of gambling devices"; to the Committee on the Judiciary then Finance.
By Delegate Walters:
H. B. 2719
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-9-1, §4-9-2 and §4-9-3, all relating to creation of the Verifiable Science Act; and providing for access by the public to any purported scientific data or other information used as the basis for proposed legislative rules or statutory enactments"; to the Committee on Education then the Judiciary.
By Delegate Walters:
H. B. 2720
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2c, relating to pay incentives for teachers who teach in their core field degree"; to the Committee on Education then Finance.
By Delegate Walters:
H. B. 2721
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4 and §11-13W-5, all relating to the 'Small Business Development Incentive Program for Internal Growth Act'; providing a short title; declaring legislative findings; providing definitions of certain terms; providing exemptions from certain business-related taxes required by the state; and requiring the Commissioner of the Department of Revenue to propose legislative rules to implement the purposes and provisions of the article"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Stemple and Williams:
H. B. 2722
- "A Bill to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as amended, relating to providing criminal penalties for wounding or killing a person while pursuing, taking or killing wild animals or wild birds while under the influence of alcohol, controlled substances or drugs; and permitting court-ordered restitution"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Spencer:
H. B. 2723
- "A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to requiring state board rule for approval and operation of alternative preparation programs for teachers to obtain additional certification area endorsements; and report to oversight commission"; to the Committee on Education.
By Delegates Spencer and Moore:
H. B. 2724
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-2E-1, §17-2E-2, §17-2E-3 and §17-2E-4, all relating to the West Virginia Courtesy Patrol; providing a purpose; addressing the operation and scope of the courtesy patrol program; and providing education services to courtesy patrol participants after program enrollment"; to the Committee on Roads and Transportation then Finance.
By Delegates Campbell, Paxton, Williams, Perry, M. Poling, Spencer, Tabb, Beach and Duke:

H. B. 2725
- "A Bill to amend and reenact §5A-3-4 of the Code of West Virginia, 1931, as amended, relating to the authorization of the purchase of personal computers and related devices from the state contract by public school teachers; conditions; and limitations"; to the Committee on Education then Finance.
By Delegates Campbell, Browning, Miley, Duke, Hamilton and Marshall:

H. B. 2726
- "A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to increasing teachers salaries by six percent"; to the Committee on Education then Finance.
By Delegate Hatfield:
H. B. 2727
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to creating the criminal offense of injury to a pregnant woman that results in miscarriage or stillbirth; specifying penalties for such offense; providing for escalating levels of punishment that are proportionate to the degree of violence involved and for when the offense involves criminal acts of domestic violence; defining terms; providing an exception; and providing that certain additional prosecutions and convictions are not barred"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, Hrutkay, Proudfoot, Webster, Caputo, DeLong, Mahan, Ellem, Hamilton, Marshall and Stemple:

H. B. 2728
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6L-101, §46A-6L-102, §46A-6L-103, §46A-6L-104, §46A- 6L-105 and §46A-6L-106, all relating to consumer protection generally; defining certain terms; providing a procedure for consumers to implement a security freeze to prohibit a Consumer Reporting Agency from releasing all or any part of the consumer's credit report or any information derived from it to entities with whom the consumer has no existing relationship without the express authorization of the consumer in certain circumstances; providing for notice of consumer rights; providing civil penalties for violations; making a violation an unfair or deceptive act or practice; and providing for severability of the provisions of the article under certain circumstances"; to the Committee on the Judiciary.
By Delegates Yost and Manchin:
H. B. 2729
- "A Bill to amend and reenact §11-8-9 of the Code of West Virginia, 1931, as amended, relating to extending the time a local levying body may meet as a levying body"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates M. Poling, White, DeLong, Caputo, Boggs, Paxton, Perdue, Hatfield, Perry, Manchin and Longstreth.

H. B. 2730
- "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to reducing the ratio of school nurses to school children; and eliminating the provision allowing county boards to contract with county health departments for equivalent nursing services"; to the Committee on Education then Finance.
By Delegates Miley, Stalnaker, Fragale, Iaquinta and Cann:
H. B. 2731
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-11-12, relating to including on the state personal income tax return a checkoff option to donate some or all of any tax refund to the 'Jackson's Mill 4-H Camp Checkoff Program'"; to the Committee on Finance.
By Delegates Perry, Pino and Stemple:
H. B. 2732
- "A Bill to amend and reenact §49-5-8 of the Code of West Virginia, 1931, as amended, relating to the responsibility of placing juveniles into the custody of the Division of Juvenile Services"; to the Committee on the Judiciary.
By Delegates Wells, Varner, Kominar and Stalnaker:
H. B. 2733 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-32, relating to liquefied petroleum gas-consuming equipment and appliances and the business of selling at retail, supplying, handling or transporting certain types of liquefied petroleum gas; requiring certification of correctness as to design, construction and performance of domestic and commercial liquefied petroleum gas-consuming equipment and appliances; requiring installation of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system in accordance with the instructions of the manufacturer of the appliance, equipment or component; prohibiting the alteration, modification, maintenance or repair of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system unless done in accordance with the instructions of the manufacturer; providing protections from liability for persons engaged in the business of selling at retail, supplying, handling or transporting liquefied petroleum gas, for acts in which they did not participate; and using existing criminal penalty provisions for violations"; to the Committee on the Judiciary.
By Delegates Rodighiero, Ellis, Argento and Moye:
H. B. 2734
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-2-17a; and to amend said code by adding thereto a new article, designated §61-2A-1, §61-2A-2 and §61-2A-3, all relating to the castle doctrine generally; creating a presumption of reasonable fear of imminent peril of death or great body harm when using defensive force that is intended or likely to cause death or great bodily harm to another; granting immunity from criminal prosecution and civil action and prohibiting cancellation of property insurance for claims made by those facing criminal prosecution under this article"; to the Committee on the Judiciary.
By Delegates DeLong, Carmichael and Webster:
H. B. 2735
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §57-3-10, relating to the privilege against disclosure of information by news media"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2736
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-31, relating to authorizing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program for qualified inmates in regional jail facilities; providing accounting procedures and requirements; specifying required deductions from earnings; permitting transfer of funds to the Commissioner of Corrections; and authorizing legislative rules"; to the Committee on Government Organization then the Judiciary.
By Delegates Overington, Brown, Schadler, Amores and Moore:
H. B. 2737
- "A Bill to amend and reenact §61-8-19a and §61-8-19b of the code of West Virginia, 1931, as amended, all relating to providing the same protection from animal fighting to all animals and extending the application of criminal penalties"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Webster, Proudfoot, Stemple, Varner, Longstreth and Kominar:
H. B. 2738
- "A Bill to amend and reenact §52-1-17 of the Code of West Virginia, 1931, as amended, relating to assessing the cost of petit juries in magistrate court"; to the Committee on the Judiciary.
By Delegates Caputo, Manchin and Longstreth:
H. B. 2739
- "A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to providing veterans' death certificates to families and funeral directors at no cost"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegate Walters:
H. B. 2740
- "A Bill to amend and reenact §33-3-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-15-1 of said code, all relating to permitting life and health insurance agents to sell workers' compensation policies as well"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Webster, Ellem, Stemple, Mahan and Proudfoot:
H. B. 2741
- "A Bill to amend and reenact §61-3-39a, §61-3-39b and §61-3-39f of the Code of West Virginia, 1931, as amended, all relating to worthless checks generally; providing a defense; and authorizing magistrate courts to accept certain criminal complaints from private citizens"; to the Committee on the Judiciary.
By Delegates Webster, Proudfoot, Stemple, Varner, Longstreth, Kominar, Mahan, Ellem and Shadler:

H. B. 2742
- "A Bill to amend and reenact §61-11-20 of the Code of West Virginia, 1931, as amended, relating to clarifying that a second conviction of petit larceny is a felony offense"; to the Committee on the Judiciary.
By Delegates Webster, Proudfoot, Stemple, Longstreth, Varner, Kominar, Mahan, Ellem and Schadler:

H. B. 2743
- "A Bill to amend and reenact §62-11C-9 of the Code of West Virginia, 1931, as amended, relating to assessing court costs for pretrial diversions"; to the Committee on the Judiciary then Finance.
By Delegates Browning, Burdiss and Stemple:
H. B. 2744
- "A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended, relating to equally compensating all state magistrates"; to the Committee on the Judiciary then Finance.
By Delegates Wysong, Tabb, Stemple, Pino, Staggers, Shaver, Ellis, Stephens, Rodighiero and Paxton:

H. B. 2745
- "A Bill to amend and reenact §60-3A-24 of the Code of West Virginia, 1931, as amended, relating to increasing the fine for furnishing alcohol to persons under 21 years of age"; to the Committee on the Judiciary.
By Delegates Browning, Cann, Hrutkay, Kominar, Morgan, Swartzmiller, Azinger and Walters:

H. B. 2746
- "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 and §5A- 6A-6, all relating to the establishment of the Connectivity Advisory Commission; providing definitions; establishing qualifications for membership; establishing terms of office; setting forth powers and duties; creating a special fund known as the 'Broadband Connectivity Fund'; confidentiality of proprietary information; and continuing the commission"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Argento, Barker, Iaquinta, Manchin, Martin, Perdue, Tucker, Yost, Blair, Border and Rowan:

H. B. 2747
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7, §29-3D-8 and §29-3D-9, all relating to regulating plumbers and fire protection workers; requiring plumbers and fire protection workers to be licensed; defining certain terms; providing certain exemptions to the requirement of a license; providing rulemaking authority to establish qualifications, provide exceptions to examination requirements in certain circumstances, fees, reciprocity provisions and complaint procedures; providing enforcement procedures; authorizing fines and criminal penalties for noncompliance; and providing that no political subdivision of the state may mandate additional licensing requirements"; to the Committee on Government Organization.
By Delegates DeLong, Webster, Craig, Amores and Mahan:
H. B. 2748
- "A Bill to amend and reenact § 61-3-49 of the Code of West Virginia, 1931, as amended; relating to the receipt and transfer of scrap metal; imposing of additional reporting and record retention requirements for certain purchasers of nonferrous metal or steel railroad track and track material; permitting law enforcement officers to confiscate such metals upon reasonable belief that a crime had been committed; providing for the return of such metals under certain conditions; and increasing criminal penalties for violations"; to the Committee on the Judiciary.
By Delegate Walters:
H. B. 2749
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-15E-1, §33-15E-2, §33-15E-3 and §33-15E-4, all relating to the 'Mandated Benefits Review Act'; and requiring the Insurance Commissioner to review and report to the Legislature in an actuarially-based fashion the financial and other related impacts of any proposed legislation to mandate medical or health-related benefits"; to the Committee on Banking and Insurance then the Judiciary.
House Calendar

Second Reading

H. B. 2698, Authorizing the board of barbers and cosmetologists to increase fees for one year; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Miscellaneous Business

Delegate Long noted to the Clerk that he was absent on Monday, January 29, 2007 when the votes were taken on Roll Nos. 14 and 15, and that had he been present, he would have voted "Yea" thereon.
At 11:41 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 31, 2007.