hdj2007-2-08-30

__________*__________

Thursday, February 8, 2007
THIRTIETH 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 Wednesday, February 7, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 3, Zeb S. Pugh Memorial Bridge,
And reports the same back with the recommendation that it be adopted.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2799, Regulating agricultural liming materials.
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2799) was referred to the Committee on the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2390, Relating to the definition of domestic animals and livestock.
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2390) was referred to the Committee on Finance.
Vice Chairman Argento, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2673, Natural Resources, wildlife disease management,
And,
H. B. 2840, Relating to transportation of wildlife outside of the state,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2673 and H. B. 2840) were each referred to the Committee on the Judiciary.
Vice Chairman Argento, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2703, Authorizing certain students receiving instruction in fly fishing to fly fish while under the supervision of an instructor without obtaining a license,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2703) was referred to the Committee on Finance.
Vice Chairman Argento, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2608, Natural Resources, commercial whitewater outfitters,

And,

H. B. 2609, Natural Resources, special boating rules,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2608 and H. B. 2609) were each referred to the Committee on the Judiciary.
Vice Chairman Argento, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2059, Providing salary parity for conservation officers relative to members of the West Virginia state police,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2059) was referred to the Committee on Finance.
Chairman Kominar, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2763, Relating to persons performing financial examinations of insurers,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2763) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2800, Relating to the practice of medical imaging and radiation therapy,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2800 - "A Bill to repeal §30-23-6a and §30-23-6b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-3-7a; and to amend and reenact §30-23-1, §30-23-2, §30-23-3, §30-23-4, §30-23-5, §30-23-6, §30-23-7, §30-23-8, §30-23-9, §30-23-10, §30-23-11, §30-23-12, §30-23-13 and §30-23-14 of said code; and to amend said code by adding thereto sixteen new sections, designated §30-23-15, §30-23- 16, §30-23-17, §30-23-18, §30-23-19, §30-23-20, §30-23-21, §30-23-22, §30-23-23, §30-23-24, §30-23-25, §30-23-26, §30-23-27, §30-23-28, §30-23-29 and §30-23-30, all relating to the practice of medical imaging and radiation therapy; authorizing rule-making for the Board of Medicine to regulate Radiologist Assistants; changing the name of the board; increasing the membership of the board; clarifying license and permit requirements; defining scopes of practice; hearing requirements; penalties; and continuation of the board,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2800) to the Committee on the Judiciary was abrogated.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2340, Allowing the Superintendent of the State Police to charge a one hundred dollar motor vehicle inspection facility application fee,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2340) was referred to the Committee on Finance.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2544, Increasing the penalty for driving under the influence causing death,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2544) was referred to the Committee on the Judiciary.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2804, Eliminating time schedules for utility relocation on highway projects,
And reports the same back with amendment, with the recommendation that it do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2804) was referred to the Committee on the Judiciary.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2781, Modifying the statutory limitation on the length of school buses,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Education be dispensed with.
In the absence of objection, reference of the bill (H. B. 2781) to the Committee on Education was abrogated.
Chairman Marshall, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2746, Establishing the Connectivity Advisory Commission,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2746) was referred to the Committee on Finance.
Chairman Iaquinta, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 2342, Creating the West Virginia Military Family Relief Fund,
And,
H. B. 2345, Exempting one motor vehicle owned by a state resident on active duty from ad valorem taxes,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2342 and H. B. 2345) were each referred to the Committee on Finance.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2717, Enacting a retirement system for Emergency Medical Services Personnel,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2717) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2650, Health and Human Resources, emergency medical services,
And,
H. B. 2659, Family child care home registration requirements,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2650 and H. B. 2659) were each referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2461, Providing that employees have the right to review and copy the contents of their personnel files,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2461) was referred to the Committee on Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2447, Requiring that all houses, dwellings and businesses located in a district where public water service is made available for the first time after July 1, 2008 be connected to the public water service,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2447) was referred to the Committee on the Judiciary .
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2604, Health and Human Resources, public water systems,

H. B. 2646, Health and Human Resources, public water systems operator regulations,
H. B. 2648, Health and Human Resources, recreational water facilities,
H. B. 2649, Health and Human Resources, vital statistics,
H. B. 2655, Human Services, day care licensing,
H. B. 2656, Human Services, child placing agencies licensure,
H. B. 2658, Family child care facility licensing requirements,
And,
H. B. 2660, Informal and relative family child care home registration requirements,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2604, H. B. 2646, H. B. 2648, H. B. 2649, H. B. 2655, H. B. 2656, H. B. 2658 and H. B. 2660) were each referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 148, Providing breast feeding not considered public indecency,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 148) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2583, Relating to the expansion of newborn testing,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2583) was referred to the Committee on Finance.
Chairman Tucker, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2542, Clarifying that a written complaint must be filed with the State Regulatory Board before a civil action may be filed,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2542) was referred to the Committee on the Judiciary.
Chairman Marshall, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2510, Establishing in the state treasury a targeted minority economic development fund to address economic issues of minorities and minority communities,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2510) was referred to the Committee on Finance.
Chairman Kominar, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2764, Establishing criminal history checks for applicants for insurance producer licenses,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2764) was referred to the Committee on the Judiciary.
Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2776, Relating to the West Virginia Residential Mortgage Lender, Broker and Servicer Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2776) was referred to the Committee on the Judiciary.
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. 205, Clarifying violations of protective orders,
And reports the same back with the recommendation that it do pass.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Education and State Employees Grievance Board, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Resolutions Introduced
Delegate Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 24 - "Requesting the Division of Highways to name the bridge designated 70-36- 12.62 in Wayne County, West Virginia, the 'Everett Dillon Memorial Bridge'."
Whereas, Mr. Everett Dillon was born January 15, 1949 in Radner, West Virginia and attended Wayne High School; and
Whereas, Everett Dillon after high school joined the United States Army at the age of 18, where he then served honorably from 1967 to 1970; and
Whereas, Everett Dillon following his service in the United States Army worked as a pipe- liner/welder until his death; and
Whereas, Everett Dillon was an avid hunter who enjoyed the outdoors and nature. Most of all Everett Dillon was a people person. He had a real and genuine love for his fellow man; and
Whereas, Everett Dillon's love for his fellow man drove him to tirelessly work for the repair and improvement of the bridge designated 70-36-12.62. His efforts caused much needed repairs to be made as well as weight limits to be established and posted on the bridge; and
Whereas, Everett Dillon was not motivated by self-interest in regard to seeing bridge repaired and weight limits established as he did not have a need to personally utilize the bridge. He truly did not want to see anyone hurt or killed should the bridge fail because of disrepair or driving on the bridge with a vehicle that exceeded the load bearing capabilities of the structure; and
Whereas, Mr. Everett Dillon died September 1, 1994. He is survived by his wife Kelly and three children, Shane, Todd, and Stormy. He is also survived by a brother Henry Dillon of Wayne County, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge designated 70-36-12.62 the "Everett Dillon Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to post signs thereon with words, printed in bold and prominent fashion, designating the bridge as the "Everett Dillon Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the family of Mr. Everett Dillon.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Caputo, DeLong, Fragale, Hatfield, Hrutkay, Morgan, Poling, M. Varner, White, Boggs and Kominar:

H. B. 2917 - "A Bill to amend and reenact §11-15-16 and §11-21-74 of the code of West Virginia, 1931, as amended, relating to the accelerated payment of consumers sales and service tax and personal income tax withholding tax; and eliminating the requirement for such accelerated payments after a certain date"; to the Committee on Finance.
By Delegates Cann, Kominar, Williams, Shaver, Stalnaker, Pethtel, Miley, Iaquinta, Moye, Perry and Beach:

H. B. 2918 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18a-2-5a, relating to authorizing county boards of education to make certain payments"; to the Committee on Education then Finance.
By Delegates Sobonya, Longstreth, Sumner, Rowan, C. Miller, J. Miller and Reynolds:
H. B. 2919 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended, relating to requiring persons incarcerated for sex offenses to register as such at the time they are incarcerated"; to the Committee on the Judiciary.
By Delegates Sobonya, Sumner, Rowan and Lane:
H. B. 2920 - "A Bill to amend and reenact §62-11D-3 of the Code of West Virginia, 1931, as amended, relating to subjecting persons convicted of sexual crimes against a minor to 'GPS' monitoring for the duration of their life"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya, Lane, Sumner, Moore, Rowan, C. Miller, Reynolds, Duke and Ellem:

H. B. 2921 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended, relating to requiring the inclusion of additional information on the sex offender registry"; to the Committee on the Judiciary.
By Delegates Sobonya, Rowan and C. Miller:
H. B. 2922 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4E-1 and §9-4E-2, all relating to exempting physicians from obtaining Medicaid preauthorization before dispensing or prescribing immunosuppressives or medications for treatment of cancer, human immunodeficiency virus, acquired immune deficiency syndrome or hepatitis C in order to avoid catastrophic results from inadequate and untimely treatment; and providing findings by the Legislature"; to the Committee on Health and Human Resources then Finance.
By Delegates Rodighiero, Ellis, Hrutkay, Morgan, Eldridge, Shook and Reynolds:
H. B. 2923 - "A Bill to amend and reenact §20-2-2 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for the illegal killing, taking, or possessing of certain wild life"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Sobonya, Sumner, Stephens, Moore, Long, Morgan, Craig, Rowan and Lane:

H. B. 2924 - "A Bill to amend and reenact §28-5-27 of the Code of West Virginia, 1931, as amended, relating to eliminating good time for persons convicted of sex crimes involving minor children"; to the Committee on the Judiciary.
By Delegates Sobonya, Stephens, Moore, Long, Rowan, C. Miller, Reynolds and Ellem:
H. B. 2925 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to relieving the burden imposed on counties of incarcerating inmates in regional jails by changing the way that the cost of incarcerating inmates in regional jails is collected so that it is shared by the county, state and municipality wherein the alleged criminal act occurred; and making the cost of incarcerating a person for less than twenty-four hours one-half the amount charged for incarcerating an inmate for a full day"; to the Committee on the Judiciary then Finance.
By Delegates Brown, Hatfield, Mahan, Guthrie, Staggers, Fleischauer and Marshall:
H. B. 2926 - "A Bill to amend and reenact §48-27-401 of the Code of West Virginia, 1931, as amended, relating to providing that parties to a domestic violence action as well as law- enforcement officers receive notice concerning the extension of the force and effect of a protective order as the result of the filing or reopening of a separate and distinct civil action between the parties; and, providing that a party's right to a domestic violence order is not affected by the entry of a procedural order in a separate domestic relations action between the parties"; to the Committee on the Judiciary.
By Delegates Sobonya, Stephens, Sumner, Moore, Long, C. Miller, Morgan, Craig, Rowan, Reynolds and Duke:

H. B. 2927 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting certain income received by retired federal employees from the personal income tax"; to the Committee on Finance.
By Delegates Sobonya, Longstreth, Sumner, Stephens, Reynolds, Rowan, Moore, Morgan, Craig and C. Miller:

H. B. 2928 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for driving under the influence causing death"; to the Committee on the Judiciary.
By Delegates Sobonya, Stephens, Rowan and C. Miller:
H. B. 2929 - "A Bill to amend and reenact §60A-4-401 of the Code of West Virginia, 1931, as amended, relating to creating the felony offense of unlawful possession of cocaine; penalties upon conviction"; to the Committee on the Judiciary.
By Delegates Sobonya, Stephens, Moore, Rowan, Morgan, C. Miller and Reynolds:
H. B. 2930 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Wysong, Tabb, Longstreth, Iaquinta, M. Poling, Shaver and Perry:
H. B. 2931 - "A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to providing for the payment of tuition and fees for members of the West Virginia Army National Guard and West Virginia Air National Guard enrolled in graduate study"; to the Committee on Education then Finance.
By Delegates Webster, Perry, Long, Williams, Perdue, Amores, Beach, Armstead, Morgan, Stemple and Caputo:

H. B. 2932 - "A Bill to amend and reenact º61-2-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated º61-2-29a, º61-2- 29b, º61-2-29c and §61-2-29d, all relating to protecting incapacitated persons and the elderly; defining terms; and providing enhanced periods of incarceration for the offense of abuse or neglect of incapacitated adults or elder persons which result in death"; to the Committee on the Judiciary.
By Delegates Hatfield, Guthrie and Hrutkay:
H. B. 2933 - "A Bill to amend and reenact §30-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-7A-9 of said code, all relating to exempting from nursing licensing, care of the sick when the care is provided in connection with the practice of the religious tenets of any church or religious organization and is by or for its members"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Morgan and Webster:
H. B. 2934 - "A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as amended, relating to adding 'craft beer' to the state definition of 'nonintoxicating beer'"; to the Committee on the Judiciary.
By Delegate Evans:
H. B. 2935 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2I-11, relating to providing that health facilities that provide abortions shall not only be fined for violating explicit provisions of law, but also for taking any other actions which are not in accordance with the best practices of care as determined by the Department of Health and Human Resources"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Craig and Reynolds:
H. B. 2936 - "A Bill to amend and reenact §5-10-21 of the Code of West Virginia, 1931, as amended, relating to providing that home confinement officers covered under the Public Employees Retirement System may retire at age fifty with full benefits"; to the Committee on Pensions and Retirement then Finance.
By Delegate M. Poling (By Request):
H. B. 2937 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to the school calendar; requiring certain professional development to also be consistent with school and county strategic plans; and removing certain restriction on the use of accrued instructional time"; to the Committee on Education.
By Delegates Boggs, M. Poling, Tucker, Martin, Stemple, Fragale, Paxton, Perry, Evans and D. Poling:

H. B. 2938 - "A Bill to amend and reenact §30-29-1 and §30-29-5 of the Code of West Virginia, 1931, as amended, all relating to motor carrier inspectors and enforcement officers of the Public Service Commission; including motor carrier inspector and enforcement officer in the definition of law-enforcement officer; and requiring certification as a law-enforcement officer of persons hired as motor carrier inspectors and enforcement officers after the first day of July, two thousand seven"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate M. Poling (By Request):
H. B. 2939 - "A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to alternative education programs for certified teachers to obtain additional endorsement; providing for state board rule; report on proposed rule to Legislative Oversight Commission on Education Accountability prior to implementation"; to the Committee on Education then the Judiciary.
By Delegates Cann, Kominar, White, Beach, Barker, Perry, Perdue and Evans:
H. B. 2940 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-16-1a of said code, all relating to the public employees insurance program generally; and increasing the age of dependents for health insurance coverage"; to the Committee on Banking and Insurance then Finance.
By Delegate Klempa:
H. B. 2941 - "A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to providing an exemption from mandatory immunizations for good cause or due to impossibility or religious beliefs"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Rodighiero, Ellis, Hrutkay, Burdiss, Shook, Barker, Staggers and Eldridge:

H. B. 2942 - "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 Finance.
By Delegates Ellem, Border, Blair, Anderson, Azinger and D. Poling:

H. B. 2943 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-9A-101, §48-9A-102, §48-9A-103, §48-9A-104, §48-9A-105 and §48-9A-106, all relating to Joint Parenting Act; custody of children after divorce; providing certain rebuttable presumptions concerning custody; adding procedures and criteria relating to determining the custody of children; addressing relocation of parents; addressing certain tax implications; and including contempt provisions"; to the Committee on the Judiciary.
By Delegates Hatfield, Fleischauer, Wysong, Marshall, Hrutkay, Eldridge, Boggs, Spencer, Guthrie and Rowan:

H. B. 2944 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5C-20; and to amend and reenact §30-1-7a of said code, all relating to the end-of-life care of residents of nursing homes; requiring certain residents be given the option of hospice palliative care; and requiring each nursing home facility medical director to complete two hours of continuing education course work in the subject of end-of-life care, including pain management, during each reporting period"; to the Committee on Health and Human Resources then the Judiciary.
Delegates Klempa, Moore, D. Poling, Rodighiero, Ellis, Iaquinta, J. Miller, Pethtel, Fragale and Hutchins:

H. B. 2945 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated, §11-13W-1, relating to providing for tax credits for apprenticeship training in construction trades"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Burdiss, Klempa, Kessler, Hrutkay, Rodighiero, Ellis, Moye, Shook,
Staggers, D. Poling and M. Poling:

H. B. 2946 - "A Bill to amend and reenact §11-13A-3d of the Code of West Virginia, 1931, as amended, relating to removing the five year coalbed methane severance tax exemption for businesses, severing coalbed methane for sale, profit or commercial use"; to the Committee on Finance.
By Delegates Spencer, Palumbo, Guthrie, Hatfield and M. Poling:
H. B. 2947 - "A Bill to amend and reenact §6B-2-5 of the Code of West Virginia, 1931, as amended, relating to legislators, legislative employees and officials and lobbyists offering to serve alcoholic beverages to persons under twenty-one years of age; coercing or intimidating persons under twenty-one years of age into committing illegal acts; making it a violation of the code of ethical conduct; and requiring the Ethics Commission to investigate all allegations"; to the Committee on the Judiciary
By Delegates Border and Perdue:
H. B. 2948 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the issuance of special license plates for pharmacists; and assessing a special initial application fee and a special annual fee for the license plate"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Marshall, Beach, Fleischauer and Shook:
H. B. 2949 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all relating to the employment and compensation of school service personnel; seniority in more than one classification"; to the Committee on Education then Finance.
By Delegates Sobonya, Sumner, C. Miller, Long, Rowan, Duke and Ellem:
H. B. 2950 - "A Bill to amend and reenact §3-1-16 and §3-1-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11 and §3-4A-11a of said code; to amend said code by adding thereto two new sections, designated §3-5-6a and §3-5-6b; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; to amend said code by adding thereto a new section, designated §3-6-2a; and to amend and reenact §51-2-1 of said code, all relating to the nonpartisan elections of justices of the West Virginia Supreme Court of Appeals and circuit court judges; timing and frequency of election; ballot design and printing; separation from partisan ballot; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content"; to the Committee on the Judiciary.
By Delegates Sobonya, Sumner, Stephens, Longstreth, Reynolds, Moore, Long, C. Miller, Morgan and Rowan:

H. B. 2951 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to exempting certain recipients of military medals of valor from special registration fees"; to the Committee on Roads and Transportation then Finance.
By Delegates Hartman, Proudfoot, Perry, Beach, Martin, Hatfield, Crosier and Varner:
H. B. 2952 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the issuance of special license plates for registered nurses and licensed practical nurses; and assessing a special initial application fee and a special annual fee for the license plate"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Caputo, DeLong, Boggs and Barker:
H. B. 2953 - "A Bill to amend and reenact §11-13-2f of the Code of West Virginia, 1931, as amended, relating to the expiration date of the tax for the manufacturing or production of synthetic fuel from coal"; to the Committee on Finance.
By Delegates Manchin, Proudfoot, Swartzmiller, Yost and Walters:
H. B. 2954 - "A Bill to amend and reenact §46A-6-106 of the Code of West Virginia, 1931, as amended, relating to actions by consumers; and updating the scope to add 'manufacturer' and 'contractor' to the parties affected"; to the Committee on the Judiciary.
By Delegates Caputo, Manchin, Klempa, Paxton, Shook and Marshall:
H. B. 2955 - "A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended, relating to establishing a flat-rate excise tax on motor fuels at $.205"; to the Committee on Finance.
By Delegates Webster, DeLong, Ellem, Fleischauer, Hamilton, Hrutkay, M. Poling, Proudfoot, Morgan, Varner and White:

H. B. 2956 - "A Bill to amend an reenact §56-1-1 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §56-1-1a, relating to civil actions filed in the courts of the state; repealing unconstitutional venue provision; and the codification of the doctrine of forum non conveniens"; to the Committee on the Judiciary.
Special Calendar
Unfinished Business
H. R. 16, Vacating the seat heretofore designated for Delegate-elect Ron Thompson, of the County of Raleigh, and of the 27th Delegate District; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
The following members requested that the Journal record them as voting "Nay" on the adoption of the resolution:
Delegates Amores, Andes, Beach, Browning, Crosier, Craig, Ennis, Hutchins, Long, Mahan, Michael, Pino and Varner.
Third Reading
Com. Sub. for H. B. 2126, Exempting land-based finfish from aquaculture facilities from certain sludge management requirements; 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. 31), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Frederick.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2126 ) passed.
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. 2585, Relating to the renewal of teaching certificates and permanent certification; 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. 32), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Frederick.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2585) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 33), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Frederick and M. Poling.
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. 2585) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 2349, Continuing the Board of Registration for Sanitarian,
H. B. 2574, Continuing the Board of Social Work Examiners,
H. B. 2578, Continuing current mental health parity laws for group insurance plans,
H. B. 2586, Continuing the Board of Veterinary Medicine,
H. B. 2587, Continuing the Board of Optometry,
Com. Sub. for H. B. 2787, Creation of the Address Confidentiality Program,
H. B. 2789, Authorizing the Supreme Court of Appeals to create a panel of senior status magistrate assistants,
And,
Com. Sub. for H. B. 2791, Relating to penalties for violating peace bonds.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leave of absence for the day was granted Delegate Frederick.
At 12:03 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 9, 2007.