_________*__________
FORTY-FIFTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 22, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for a presentation by the House.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 8, Sharrell Hayes Brown and Edwin Waymen Brown Memorial Bridge,
H. C. R. 30, The "Thomas E. 'Jock' Clifford, Jr., Memorial Bridge",
H. C. R. 32, The "Seaman Apprentice, Roger Dale Childers Memorial Bridge",
H. C. R. 40, Requesting the establishment of a Children's Services Redesign Group,
H. R. 15, Urging the West Virginia Congressional Delegation to support the reauthorization
of the West Virginia Children's Health Insurance Program,
And reports the same back with the recommendation that they each be adopted.
On motion of Delegate Delong, H. C. R. 8 was then taken up for immediate consideration
and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2070, Extending PEIA coverage to certain long-term substitute education employees,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2070 - "A Bill to amend and reenact §5-16-2, §5-16-5, §5-16-7 and
§5-16-25 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16D-1 and §5-
16D-6 of said code; and to amend and reenact §18A-1-1 of said code, all relating to Public
Employees Insurance Agency; expanding insurance coverage eligibility to include certain substitute
employees; requiring continued insurance coverage for Medicare eligible retired employees;
removing limits on reserve fund balances; modifying treatment of certain portions of required
employer annual payments; modifying certain employer annual required contribution provisions; and
deleting obsolete provisions,"
H. B. 2342, Creating the West Virginia Military Family Relief Fund,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2342 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §15-1B-27, relating to the West Virginia Military Family
Relief Fund; establishing an income tax checkoff on individual tax returns for contributions to the fund; creating the fund; authorizing the Department of Military Affairs and Public Safety to
promulgate rules to establish eligibility for grants from the fund,"
H. B. 2775, Exempting new residents from payment of the privilege tax upon a showing that
the applicant was not a resident of this state at the time the vehicle was purchased,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2775 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-15-3b; and to amend and reenact §17A-3-4 of said
code, all relating to the taxation of vehicles; an exemption for new residents of this state from
payment of the privilege tax upon a showing that the applicant was not a resident of this state at the
time the vehicle was purchased and the vehicle was properly titled in the applicant's previous state
or jurisdiction of residence; elimination of the five percent tax for privilege of certification of title;
the imposition of a five percent tax on the sale and use of motor vehicles; and exemptions,"
H. B. 2808, Increasing the fee for issuance of one-trip permits,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2808 - "A Bill to amend and reenact §17A-7-2 of the Code of West
Virginia, 1931, as amended, relating to one trip permits issued by the State Police, increasing the fee
for issuance and providing that the State Police retain a portion of the fee for administration and
enforcement,"
H. B. 2826, Including school psychologists and school nurses with other professional school
personnel for a salary supplement,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2826 - "A Bill to amend and reenact §18A-4-2a and §18A-4-2b of the
Code of West Virginia, 1931, as amended, all relating to state minimum salary supplement for
achieving certain national certification; legislative findings; expanding eligibility for supplement
payments and fee and expense reimbursement; increasing supplement amount for certain individuals;
clarifying duration of supplement in certain circumstances; and requiring State Board of Education rule,"
And,
H. B. 3106, Increasing the number of family court judges and realigning certain districts to
address excessive workloads,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3106 - "A Bill to amend and reenact §51-2A-3 and §51-2A-5 of the
Code of West Virginia, 1931, as amended, all relating to family courts; realigning and increasing
family court circuits; and increasing the number of family court judges,"
With the recommendation that the committee substitutes each do pass.
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. 2714, Revising requirements for parking areas designated for use by persons with
mobility impairments,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 chiropractor, advances nurse practitioner or physician's assistant to verify impairment
for the purpose of the issuing of license plates or place cards; removing certain persons from
eligibility for placards and plates; amending and adding definitions; limiting the ability of certain
organizations from parking in designated spaces; requiring certain markings in designated parking
areas; increasing the fine for first offense parking violation; and removing certain rulemaking
requirements,"
H. B. 2844, Relating to malicious assault on a police officer, including a public service
commission enforcement officer,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2844 - "A Bill to amend and reenact §61-2-10b of the Code of West
Virginia, 1931, as amended, relating to malicious assault, unlawful assault, battery and recidivism
of battery on a police officer; including malicious assault, unlawful assault, battery and recidivism
of battery on a Public Service Commission weight enforcement officer as a crime; and providing
criminal penalties,"
H. B. 2938, Including motor carrier inspectors and enforcement officers in the definition of
law-enforcement officer,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 weight
enforcement officers of the Public Service Commission; including motor carrier inspector and
weight enforcement officers employed by the Public Service Commission in the definition of law-
enforcement officer; and requiring certification as a law-enforcement officer of persons hired as
motor carrier inspectors and weight enforcement officers after the first day of July, two thousand
seven,"
H. B. 3056, Authorizing pharmacists to administer immunizations,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3056 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §30-5-30, relating to authorization for pharmacists to
administer immunizations, setting forth limitations on those immunizations as to type of
immunizations and age of the recipient; requiring the board to establish or identify courses on
vaccine administration; establishing treatment guidelines, including for adverse reactions; requiring
pharmacists to complete board approved vaccine administration course; requiring the board to
propose legislative rules and providing that a pharmacist may not delegate the authority to administer
vaccines,"
H. B. 3074, Relating to the carrying of concealed weapons,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3074 - "A Bill to amend and reenact §61-7-4 and §61-7-6 of the Code
of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §61-7-6a, all relating to the carrying of concealed weapons; clarifying the scope of a
concealed weapons permit; amending reciprocity requirements; authorizing the Attorney General
to investigate and execute reciprocity agreements with other states pertaining to the mutual
recognition of permits or licenses to carry concealed handguns; setting forth minimum standards
which must be met before such reciprocity agreements may be executed; clarifying the scope of valid
out-of-state permits that may be recognized in West Virginia; establishing a registry of states with
which West Virginia has entered into reciprocal agreements; and requiring the State Police to
provide the public with a list of the states which have entered into reciprocity agreements,"
And,
H. B. 3180, Relating to the granting of workers' compensation benefits on review or appeal,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3180 - "A Bill to amend and reenact §23-5-9 of the Code of West
Virginia, 1931, as amended, relating to the granting of workers' compensation benefits on review
or appeal; requiring the prompt implementation of any benefit award of workers' compensation
granted by an administrative law judge's decision, unless stayed by the administrative law judge or
the Board of Review; establishing appropriate standards of review for any stay request; and
referencing the proper mechanism for handling any overpayment which may result if a favorable
decision granting benefits is subsequently reversed,"
With the recommendation that the committee substitutes each do pass.
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. 2864, Relating to residential resident security deposits,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2864 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §37-6A-1, §37-6A-2, §37-6A-3, §37-6A-4, §37-6A-5,
and §37-6A-6, relating to residential rental security deposits; relevant definitions; security deposits;
maintenance of records; prohibited provisions in rental agreements; remedies upon landlord's non-
compliance; application of article; security deposits prior to effective date of article,"
H. B. 3009, Defining what a child advocacy center is and what services it shall provide in
child abuse and neglect cases and child welfare cases,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3009 - "A Bill to amend and reenact §49-1-3 and §49-1-4 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §49-5D-2 and §49-5D-3 of said code,
all relating to defining a child advocacy center relating to abuse and neglect; defining a child
advocacy center related to child welfare in West Virginia; setting forth the role of a child advocacy
center in multidisciplinary investigative teams; and setting forth the role of a child advocacy center
in multidisciplinary treatment teams,"
And,
H. B. 3094, Prohibiting county and district school officers, teachers and school officials from
having a pecuniary interest in certain contracts,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3094- "A Bill to amend and reenact §61-10-15 of the Code of West
Virginia, 1931, as amended, relating to prohibiting county and district officers, teachers and school
officials from having a pecuniary interest in certain contracts,"
With the recommendation that the committee substitutes each do pass.
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. 2986, Providing advance notice to the public regarding the pending closure of certain
public or private health care facilities or hospitals,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2986 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §16-5B-14, relating to requiring hospitals, extended care
facilities operated in connection with a hospital, ambulatory health care facilities, or ambulatory
surgical facilities, freestanding or operated in connection with a hospital, licensed in the State of
West Virginia to provide public notice of such hospital's or facility's intent to terminate operations;
and requiring that the notice be at least three weeks prior to such termination of operations,"
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. 2986) to the Committee
on the Judiciary was abrogated.
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. 3138, Requiring that private club and tavern licensees carry a minimum amount of
general liability and liquor liability insurance to protect patrons,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3138 - "A Bill to amend and reenact §11-16-8 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §60-7-4 of said code, all relating to increasing
the safety of patrons in private clubs and taverns by requiring such licensees to maintain a minimum
amount of general liability and liquor liability insurance coverage to cover liabilities related to
running a business and liabilities related to running a business that serves alcoholic liquors or nonintoxicating beer, or that serves both,"
With the recommendation that the committee substitute do pass.
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. 2027, Allowing awards under the crime victims compensation program to be made to
victims of identity theft,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2027- "A Bill to amend and reenact §14-2A-3 of the Code of West
Virginia, 1931, as amended, relating to the crime victims compensation program; allowing awards
under the crime victims compensation program to be made to victims of identity theft; and
definitions,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2027) to the Committee
on Finance was abrogated.
Resolutions Introduced
Delegates Pino, Perry, Staggers, Moore, Marshall and Hutchins offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 47 - "Requesting the West Virginia Division of Highways to name a portion of
Route 16 north from the existing northern Oak Hill city limits to the cutoff point at King Avenue in
Fayetteville, 'Lucille Smallwood Meadows Highway'."
Whereas, Ms. Lucille Smallwood Meadows was a tireless advocate for education, human
rights and civil rights; and
Whereas, Ms. Lucille Smallwood Meadows taught school in Fayette County for thirty-nine
years, was voted one of the top ten Persons of the Year in Fayette County in 1976 and organized the Fayette County Black Caucus that same year; and
Whereas, Ms. Lucille Smallwood Meadows was presented the Mary L. Williams Memorial
Award by the WVEA in 1982 for her outstanding contributions toward the eradication of racial
inequities in the education profession; and
Whereas, Ms. Lucille Smallwood Meadows was presented the Washington Carver Award
in 1982 by the Department of Culture and History, for exemplifying the spirit of service of Camp
Washington Carver; and
Whereas, Ms. Lucille Smallwood Meadows received the Martin Luther King "Living the
Dream" Award in 1983, presented by the West Virginia King Holiday Commission for the advocacy
of nonviolence; and
Whereas, Ms. Lucille Smallwood Meadows received recognition from the Fayetteville
Womens Club in 1985 for her support of education; and
Whereas, Ms. Lucille Smallwood Meadows received the Appreciation for Humanitarian
Service in Southern West Virginia Award in 1985 by the St. Matthews A.M.E. Church of Beckley;
and
Whereas, Ms. Lucille Smallwood Meadows was acknowledged as one of the 2004
Honorees on Civil Rights Day, sponsored by the West Virginia Human Rights Commission; and
Whereas, Ms. Lucille Smallwood Meadows was featured in the Charleston Gazette's
"Decade Series" in 1987; and
Whereas, Ms. Lucille Smallwood Meadows received the T.G. Nutter Award in 1988 for
Outstanding Service to Humanity. T.G. Nutter was the founder of the NAACP; and
Whereas, Ms. Lucille Smallwood Meadows lobbied for the King Holiday Bill as well as
for bills dealing with Human and Civil Rights; and
Whereas, Ms. Lucille Smallwood Meadows served West Virginia through numerous
appointments by Governors Jay D. Rockefeller and Gaston Caperton, including on the Governor's
Judicial Committee and as a Delegate; and
Whereas, Ms. Lucille Smallwood Meadows worked tirelessly with the NAACP since her
teenage years, including serving as chairperson of the Upper Fayette County NAACP Political
Action Committee and as a member of the West Virginia Conference of NAACP Political Action
Committees; and
Whereas, Ms. Lucille Smallwood Meadows spearheaded the drive in her community to have
the main street in her area named King Avenue in memory of Dr. Martin Luther King, Jr.; therefore,
be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby requested to name a portion of Route
16 north from the existing northern Oak Hill city limits to the cutoff point at King Avenue in
Fayetteville "Lucille Smallwood Meadows Highway" and that the Division of Highways is hereby
requested to erect appropriate signs so designating that portion of Route 16 north; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
Resolution to the Honorable Governor Joe Manchin, III, to the Commissioner of the West Virginia
Division of Highways, and to Mrs. Dianne Smallwood-Russell, Mr. Charles Smallwood, and
LuAnne Austin.
Delegates Amores, Guthrie, Hatfield, Palumbo, Spencer, Staggers, Webster and Wells
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 48 - "Requesting the Joint Committee on Government and Finance to study
sustainable funding methods to conserve land important to West Virginia's natural resources and
economy."
Whereas, The State of West Virginia's rural character, natural wonders, scenic beauty, and
recreational opportunities combine to create an exceptional quality of life for its citizens; and
Whereas, West Virginia's landscapes serve as an economic engine supporting vibrant
timber and agricultural industries and drawing tourists from around the world supporting a large
segment of the State of West Virginia's economy; and
Whereas, West Virginia's unique and important lands provide all West Virginians hunting,
fishing, rafting, hiking and other recreational opportunities important to their health and well-being;
and
Whereas, West Virginia's unique and important lands are critical to the continued health
of the state's wildlife habitats which are some of the richest places on Earth for certain types of
plants and animals found only in the Appalachians, and West Virginia's Wildlife Conservation
Action Plan, mandated by the United States Congress, recognizes that habitat loss is a key issue
confronting conservation of the state's valuable fish and wildlife resources; and
Whereas, The conversion of rural land to developed land in West Virginia doubled between
1982 and 1997 (NRCS 2001); and
Whereas, West Virginia is lagging behind land conservation investments being made by
over 40 other states, including large investments in adjoining states, and lack of sustainable funding
for conserving West Virginia's unique and important lands threaten the very resources that contribute
to West Virginia's quality of life; and
Whereas, Repeated polling shows that more than two-thirds of West Virginia voters support
public spending to help preserve forests, mountains and natural areas in West Virginia; and
Whereas, It is important for the people of the State of West Virginia to understand the
economic, health, environmental, and quality of life benefits of our forests, farmlands, natural areas,
wildlife habitat, and waters; therefore, be it
Resolved by the Legislature of West Virginia:
That the Committee is hereby requested to study potential funding mechanisms and
sustainable sources of revenue to protect and conserve West Virginia's most important unique,
natural, and rural lands to ensure the quality of life and economic well-being of present and future
West Virginians; and, be it
Further Resolved, That the Committee 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
Amores, Brown, Palumbo, Kominar, Hatfield, Guthrie, Spencer and Wells
offered
the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 49 - "Requesting the Division of Highways to name the bridge crossing the Big
Coal River on U.S. 119 between the southbound 69 and 69.5 mile markers, the 'Steven Wayne Smith
Memorial Bridge'."
Whereas, Steven Wayne Smith was born on November 1, 1971, in Logan, West Virginia,
the only son of James and Diane Smith; and
Whereas, Steven Wayne Smith dedicated his life to supporting and helping the citizens of
West Virginia by graduating from Logan High School in 1990 and later receiving an Associates
degree in Radiologic Science from the University of Charleston in 1993, where upon graduation he
obtained a position as radiologic technologist at the Charleston Area Medical Center, eventually
being promoted to Supervisor of Radiology; and
Whereas, Steven Wayne Smith's love of his family and friends, compassion for colleagues
and strangers, and his die hard support of the West Virginia Mountaineers football program
exemplified his infectious and enthusiastic dedication to the citizens of West Virginia; and
Whereas, Steven Wayne Smith's passion for the West Virginia Mountaineers football
program was honored at every home football game last season by publicly dedicating the game to
his memory on the scoreboard on Mountaineer Field in Morgantown, West Virginia; and
Whereas, Steven Wayne Smith's life was cut short at the Coal River Bridge on July 30,
2006, devastating his family merely one month before he was set to move into a newly constructed
home located just minutes away from the bridge on U.S. 119 over the Big Coal River with his wife,
Mindy, and three-year old son, Tyler; and
Whereas, Before every home West Virginia Mountaineers football game, Steven Wayne
Smith's family and friends gather at the Big Coal River Bridge to honor his memory by saying a
prayer and displaying West Virginia University flags and signs as he would have been doing had his
life not abruptly ended; and
Whereas, Steven Wayne Smith's family and friends, all agree that it would be a great and
deserving honor to name the Bridge on U.S. 119 over the Big Coal River after Steven Wayne Smith,
and to dedicate it to his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge spanning
the Big Coal River on U.S. 119 South, located between the 69 and 69.5 mile markers in Kanawha
County, West Virginia, the "Steven Wayne Smith Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate
signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Commissioner of Highways and to the Kanawha County Commission.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Armstead, Andes, Cowles, Duke, Ireland, C. Miller, J. Miller, Porter,
Romin, Rowan and Sumner:
H. J. R. 28 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article ten thereof, relating to homestead exemption increase; 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.
Petitions
Delegate Varner presented a petition on behalf of his constituents, in support of S. B. 370 and
H. B. 2773, Establishing a returnable beverage container deposit program; which was referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate Morgan:
H. B. 3221 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931,
as amended, relating to the West Virginia Secondary School Activities Commission; providing for
evaluation by the Legislative Auditor; and requiring board members and officers to comply with
ethical standards for elected and appointed officials"; to the Committee on Government
Organization.
By Delegates Fleischauer, Shook, Beach, Moore, Miley, Marshall, Hrutkay and
Longstreth:
H. B. 3222 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-8-2b, relating to the creation of transportation officers"; to the
Committee on the Judiciary.
By Delegates Long and Porter:
H. B. 3223 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-29I-1, §16-29I-2, §16-29I-3, §16-29I-4, §16-29I-5, §16-29I-6,
§16-29I-7, §16-29I-8, §16-29I-9 and §16-29I-10, all relating to creating a revolving loan fund to be
administered by the West Virginia Health Care Authority Board to provide grants and loans to assist
hospitals in the rationalization and restructuring of their health care delivery systems; setting forth
the criteria and conditions for approving hospital restructuring plans and grants or loans from the
revolving funds; and providing the Health Care Authority Board with reporting responsibilities and
rule making authority to implement the provisions of the new article"; to the Committee on Finance.
By Delegates Manchin, Caputo and Longstreth:
H. B. 3224 - "A Bill to amend and reenact §21-5C-1 of the Code of West Virginia, 1931, as amended, relating to removing certain exceptions in the definitions of employer and employee
covered by the West Virginia minimum wage law"; to the Committee on Finance.
By Delegates Staggers, Burdiss, Perry and Kessler:
H. B. 3225 - "A Bill to amend and reenact §5A-6-8 of the Code of West Virginia, 1931, as
amended, relating to providing for the appointment of a commission to undertake a field test of a
standardized format for a comprehensive, statewide, integrated system for access to electronic
medical records; and to make recommendations regarding the implementation of the system"; to the
Committee on the Judiciary.
By Delegates Shook and Overington:
H. B. 3226 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-6A-1b, relating to notification of cancellation or nonrenewal
of an insured's automobile liability insurance contract or policy; confiscation of license plates"; to
the Committee on the Judiciary.
By Delegates Fragale and Caputo:
H. B. 3227 - "A Bill to amend and reenact §18-7B-7 of the Code of West Virginia, 1931,
as amended, relating to providing the option for former state employees who were members of the
West Virginia Public Employees Retirement System prior to the first day of July, one thousand nine
hundred ninety-one, who became employed with a school district after the first day of July, one
thousand nine hundred ninety-one, and who were precluded from becoming members of the State
Teachers' Retirement System in favor of the defined contribution retirement system, to exercise the
option to transfer to the State Teachers' Retirement System"; to the Committee on Finance.
By Delegates Ashley, Carmichael and Webster:
H. B. 3228 - "A Bill to amend and reenact §61-8B-10 of the Code of West Virginia, 1931,
as amended, related to providing that home confinement officers are subject to the criminal
prohibition of engaging in sexual intercourse with persons incarcerated; and, defining the phrase
'incarcerated in this state' to include home confinement subject to the Home Incarceration Act"; to the Committee on the Judiciary.
By Delegate Palumbo:
H. B. 3229 - "A Bill to amend and reenact §38-14-4 and §38-14-5 of the Code of West
Virginia, 1931, as amended, all relating to self-service storage liens; late fees and enforcement"; to
the Committee on the Judiciary.
By Delegates Hutchins, Kominar, Moore, Overington, Andes, Armstead, Doyle and
Azinger:
H. B. 3230 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §4-13-1, relating to prohibiting the naming of a publicly funded
building, road, structure or project which receives any operating or construction moneys from state
sources or state taxpayers; and assessing personal liability for violations"; to the Committee on the
Judiciary.
By Delegates Kessler and Rodighiero:
H. B. 3231 - "A Bill to amend and reenact §11-1C-11a of the Code of West Virginia, 1931,
as amended, relating to increasing the assessment of value of managed timberland; and, providing
for a tax of ten percent on the sale or transfer of managed timberland"; to the Committee on Finance.
By Delegates Ennis, Pethtel and Craig:
H. B. 3232 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-3-9a, relating to reducing staff development programs for
school personnel from eighteen hours to twelve hours; and requiring that the six hour reduction in
staff development be used as an additional preparation day"; to the Committee on Education.
By Delegates Webster, Proudfoot, Stemple and Kominar:
H. B. 3233 - "A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §50-1-6a of said code, all relating to increasing compensation
paid to senior status magistrates"; to the Committee on Finance.
By Delegates Proudfoot, Stemple, Varner and Kominar:
H. B. 3234 - "A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as
amended, relating to judges and justices generally; providing that a judge becoming eligible for
retirement is not required to contribute to the retirement system; and clarifying that, for judicial
retirement purposes, credited service includes certain time served as an elected or appointed
municipal judge"; to the Committee on Finance.
By Delegate Azinger:
H. B. 3235 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-8-10a, relating to requiring an optometrist office and an
optician office that adjoin each other to have an interior door to each others facilities for use by
customers"; to the Committee on the Judiciary.
By Delegates Sobonya, Hrutkay, Tucker and Klempa:
H. B. 3236 - "A Bill to amend and reenact §17A-3-16 of the Code of West Virginia, 1931,
as amended, relating to motorcycle registration renewal; exempting motorcycles from the
requirement of annual registration"; to the Committee on the Judiciary.
By Delegate Perry:
H. B. 3237 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as
amended, relating to including certain credit unions and their employees in the definitions of
'employer' and 'employee' for purposes of the West Virginia Public Employees Insurance Agency";
to the Committee on Finance.
By Delegate Hutchins:
H. B. 3238 - "A Bill to amend and reenact §5-10-17 of the Code of West Virginia, 1931, as
amended, relating to prohibiting legislators from enrolling in the state retirement system; and,
providing legislators may elect to direct contributions deducted for retirement pensions into self-
directed 401K pension plans"; to the Committee on Finance.
By Delegates Amores, Fleischauer and Marshall:
H. B. 3239 - "A Bill to amend and reenact §18A-4-10 of the Code of West Virginia, 1931, as amended, relating to including death of a permanent household member to excused absences for
full-time employees of the county board of education"; to the Committee on Education.
By Delegates Doyle, Campbell, Long, Tabb and Wysong:
H. B. 3240 - "A Bill to amend and reenact §18B-2A-8 of the Code of West Virginia, 1931,
as amended, relating to extending the provisions of the higher education flexibility act to include
certain institutions of higher education"; to the Committee on Education.
By Delegate Overington (By Request):
H. B. 3241 - "A Bill to amend and reenact §8A-1-1 and §8A-1-2 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §8A-2-10 of said code; to amend and reenact
§8A-3-3, §8A-3-5 and §8A-3-8 of said code; to amend and reenact §8A-4-1, §8A-4-2 and §8A-4-6
of said code; to amend and reenact §8A-5-1, §8A-5-2, §8A-5-4, §8A-5-6, §8A-5-7, §8A-5-10 and
§8A-5-12 of said code; to amend and reenact §8A-6-1 and §8A-6-2 of said code; to amend and
reenact §8A-7-1 and §8A-7-3 of said code; to amend §8A-10-1 of said code, all relating to the
powers of the planning commission, enforcement of the code and clarifying the duties of the
planning commission"; to the Committee on Government Organization.
By Delegates Armstead, Anderson and Craig:
H. B. 3242 - "A Bill to amend and reenact §4-10-4 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new article, designated §61-13-1, §61-13-2,
§61-13-3 and §61-13-4, all relating to the creation of a Sentencing Commission, providing for the
appointment, terms and qualifications of members; establishing objectives for the commission; and
setting forth certain powers and duties of the commission"; to the Committee on Government
Organization then the Judiciary.
By Delegates Armstead, Lane and Schadler:
H. B. 3243 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-16-7f, relating to prohibiting coverage for abortions under
insurance plans provided under the Public Employees Insurance Act"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates J. Miller, Klempa, Pino, Morgan, Perdue, Martin, D. Poling, Canterbury,
Sobonya, Ashley and Lane:
H. B. 3244 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-5A-12, relating to creating health savings accounts for
prevailing wage employees"; to the Committee on the Judiciary.
By Delegates Ellis, Eldridge, Iaquinta, Fragale, Rodighiero, Barker, Hrutkay, Paxton
and Stephens:
H. B. 3245 - "A Bill to amend and reenact §18-5-33 of the Code of West Virginia, 1931, as
amended, relating to equalizing pay for all high school sports head coaches"; to the Committee on
Finance.
By Delegates Armstead, Hrutkay, Lane, Schadler and Carmichael:
H. B. 3246 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to providing discounted motor vehicle registration fees for members of
volunteer fire departments"; to the Committee on Roads and Transportation then Finance.
By Delegate Caputo:
H. B. 3247 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §3-1D-1, relating to the agreement among the states to elect the
president by national popular vote"; to the Committee on the Judiciary.
By Delegate Manchin:
H. B. 3248 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-6H-1, §11-6H-2, §11-6H-3, §11-6H-4, §11-6H-5 and §11-6H-
6, all relating to providing a tax credit for installation of idle reduction technology in heavy duty
vehicles"; to the Committee on Finance.
By Delegate Amores:
H. B. 3249 - "A Bill to amend and reenact §36B-1-203 of the Code of West Virginia, 1931, as amended, relating to creating a new type of common interest community with exceptions"; to the
Committee on the Judiciary.
By Delegates Kessler, Moye, Rodighiero, Eldridge and Staggers:
H. B. 3250 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-5D-5a, relating to requiring assisted living residences to
maintain adequate auxiliary power sources to generate electricity in the event of an extended power
outage"; to the Committee on the Judiciary.
By Delegate Lane:
H. B. 3251 - "A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931,
as amended, and to amend and reenact §59-1-10 of such code, all relating to providing for an excise
tax on the recordation of mortgages and deeds of trust for implementing the provisions of the
Uniform Electronic Transactions Act"; to the Committee on Finance.
By Delegates Armstead, Lane, Schadler, Anderson and C. Miller:
H. B. 3252 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as
amended, relating to required courses of school instruction generally; instituting a 'Celebrate
Freedom Week'; and requiring an in-depth instruction in the study of the Declaration of
Independence and other founding American historical documents including the Bill of Rights"; to
the Committee on Education.
By Delegates Wells, Hatfield, Guthrie, Palumbo, Brown, Webster, Spencer, Amores,
Armstead and Lane:
H. B. 3253 - "A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931,
as amended, relating to reverting the 911 fee on wireless telephones from three dollars to seventy-
five cents; and reverting the distribution formula for 911 fees to a pro rata share of total fee
revenues"; to the Committee on Finance.
By Delegates Long, Porter, Frederick, Moore, Burdiss and Browning:
H. B. 3254 - "A Bill to amend and reenact §17-16A-6 and 17-16A-13 of the Code of West Virginia, 1931, as amended, all relating to requiring the West Virginia Parkways Economic
Development and Tourism Authority to present any proposed toll revision to the Joint Committee
on Government and Finance"; to the Committee on the Judiciary.
By Delegates Armstead and Lane:
H. B. 3255 - "A Bill to amend and reenact §29-22-18a of the Code of West Virginia, 1931,
as amended, relating to directing any unallocated funds from the sale of bonds to be distributed
equally between the Economic Development Project Bridge Loan Fund, the West Virginia
Infrastructure Fund for water and sewer improvements, and the Disaster Recovery Fund for
providing grants to businesses damaged or destroyed by floods; and to authorize the economic
development authority to create, maintain and appropriate, subject to legislative approval, funds from
this special grant fund, known as the 'Disaster Recovery Fund'"; to the Committee on Finance.
By Delegates Overington, J. Miller, Andes and Blair:
H. B. 3256 - "A Bill to repeal the Code of West Virginia, 1931, as amended, and to adopt
in lieu thereof, the Code of the Commonwealth of Virginia; and, providing that constitutional
conflicts that may arise by the adoption of said code shall be addressed at the time they are
identified"; to the Committee on the Judiciary.
By Delegates Webster, Brown, Guthrie and Mahan:
H. B. 3257 - "A Bill to amend and reenact §49-5-9 of the Code of West Virginia, 1931, as
amended, relating to allowing a court to order an improvement period in which a juvenile is placed
in the custody of the Department of Health and Human Resources for placement in a residential
treatment facility"; to the Committee on the Judiciary.
By Delegates Hutchins, Caputo, Moore, Armstead, Doyle and Azinger:
H. B. 3258 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §6B-3-12 relating to prohibiting elected state officials from
becoming a lobbyist for two years after their term of office expires"; to the Committee on the
Judiciary.
By Delegates Fragale and Marshall:
H. B. 3259 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-12h, relating to providing for a modification to federal
adjusted gross income for expenses incurred by organ donors"; to the Committee on Finance.
By Delegates Armstead, Carmichael, Porter, C. Miller, J. Miller, Duke, Border, Andes,
Azinger and Cowles:
H. B. 3260 - "A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as
amended, relating to abolishing the business and franchise tax"; to the Committee on Finance.
By Delegates Ireland, Hamilton, Romine, Andes and D. Poling:
H. B. 3261 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §2-1-3, relating to making English the official language of West
Virginia"; to the Committee on the Judiciary.
By Delegates Sobonya, Sumner, Stephens, Longstreth, Moore, Reynolds, C. Miller,
Craig, Rowan and Lane:
H. B. 3262 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §25-1-1b, relating to requiring the Commissioner of Corrections
to keep track of repeat offenses committed by persons convicted of sexual offenses against children";
to the Committee on the Judiciary.
By Delegate Carmichael:
H. B. 3263 - "A Bill to amend and reenact §16-38-3 of the Code of West Virginia, 1931, as
amended, relating to requiring licensed tattoo artists to inform patrons, prior to performing the tattoo
procedure, of the potential problems that a tattoo may cause in relation to the clinical reading of
magnetic resonance imaging studies"; to the Committee on the Judiciary.
By Delegate Lane:
H. B. 3264 - "A Bill to amend and reenact §18A-2-12 of the Code of West Virginia, 1931,
as amended, performance evaluations of school personnel generally; and including official observations of employee performance as a part of an evaluation of school personnel"; to the
Committee on Education.
By Delegates Sobonya, Sumner, Stephens, Craig, Moore and C. Miller:
H. B. 3265 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §24-6A-1, §24-6A-2, §24-6A-3 and §24-6A-4, all relating to the
'Telephone Record Confidentiality Act'; providing definitions; prohibiting telephone records from
being obtained, sold or received without consent; and providing penalties"; to the Committee on the
Judiciary.
By Delegates Amores, Fleischauer and Marshall:
H. B. 3266 - "A Bill to amend and reenact §42-1-3a of the Code of West Virginia, 1931, as
amended, relating to providing for passing of an intestate estate to an individual designated as
beneficiary under the deceased's life insurance policy"; to the Committee on the Judiciary.
By Delegates Armstead, Carmichael, J. Miller, Ireland, Tansill, Lane, Hamilton,
Border, Overington and Canterbury:
H. B. 3267 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as
amended, relating to reducing the rate of tax on corporation net income to six percent effective the
first day of July, two thousand seven"; to the Committee on Finance.
By Delegates Canterbury and Campbell:
H. B. 3268 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-11A-9, relating to the rights of crime victims"; to the
Committee on the Judiciary.
By Delegates Blair, J. Miller, Overington, Duke and Tabb:
H. B. 3269 - "A Bill to reform, alter and modify the county commission of Berkeley County
under the provisions of section 13, article IX of the Constitution of West Virginia"; to the Committee
on the Judiciary.
By Delegates Webster and Amores:
H. B. 3270 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §44-4-12a, relating to the compensation and expenses of
fiduciaries"; to the Committee on the Judiciary.
By Delegates Webster and Amores:
H. B. 3271 - "A Bill to amend and reenact §36-1-18 of the Code of West Virginia, 1931, as
amended, relating to clarifying spendthrift trusts"; to the Committee on the Judiciary.
By Delegates Webster and Amores:
H. B. 3272 - "A Bill to the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated § 44B-1-104a, relating to total return unitrusts"; to the Committee on the
Judiciary.
By Delegates Cann, Fragale, Iaquinta and Miley:
H. B. 3273 - "A Bill to amend and reenact §18C-7-3 of the Code of West Virginiqa, 1931,
as amended, relating to modifying the provisions regarding the higher education institutions that are
eligible for receiving PROMISE scholarship funds"; to the Committee on Education.
By Delegates Kessler, Shook, Moye, Rodighiero and Sumner:
H. B. 3274 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §47-10-8, relating to making it unlawful to transfer propane gas
from one holding tank of two hundred fifty gallons or more to another such holding tank unless the
tank has been emptied by usage to less than five percent capacity; penalties"; to the Committee on
the Judiciary.
* * * * * * * * * *
Today being Friday, the House of Delegates proceeded to the consideration of business on
the Local Calendar.
Local Calendar
First Reading
H. B. 2216, Expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members;
on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 109), and there were--yeas 93, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed. the bill was then read a third time and put upon its passage
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 110),
and there were--yeas 84, nays 9, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Anderson, Border, Ennis, Hutchins, Ireland, Klempa, Mahan, Tucker and Varner.
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2216) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 111), and there were--yeas 93, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2216) 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. 3036, Reforming, altering and modifying the county commission of
Hampshire County; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 112), and there were--yeas 93, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed. the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 113),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub for H. B. 3036) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 114), and there were--yeas 93, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
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. 3036) 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.
The Local Calendar having been disposed of, the Delegates proceeded to consideration of
business on the Special Calendar.
Special Calendar
Third Reading
H. J. R. 14, "The Active Duty Armed Services Motor Vehicle Property Tax Amendment";
on third reading, coming up in regular order, was read a third time.
On the adoption of the resolution, the yeas and nays were taken (Roll No. 115), and there
were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the resolution (H. J. R. 14) adopted, as follows:
H. J. R. 14 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article ten thereof by adding thereto a new section, designated section one-d, relating to
exempting from ad valorem tax a single motor vehicle owned by residents of this state who are
serving on active duty in the armed forces of the United States and are stationed outside this state
on the date mandated by law for assessment to be made; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each
house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State
of West Virginia be submitted to the voters of the State at the next general election to be held in the
year two thousand eight, which proposed amendment is that article ten thereof be amended by adding
thereto a new section, designated section one-d, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§1d.Exemption from ad valorem taxation for certain motor vehicles.
Notwithstanding any other provision of this Constitution to the contrary, a single motor
vehicle owned, in whole or in part, by a resident of this state while the owner or part-owner is
serving on active duty in the armed forces of the United States and is stationed outside this state on
the date such motor vehicle is mandated by law to be assessed is exempt from ad valorem taxation
for the tax year for which the assessment is made.
Resolved further, That in accordance with the provisions of article eleven, chapter three of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "The Active Duty Armed
Services Motor Vehicle Property Tax Amendment" and the purpose of the proposed amendment is
summarized as follows: "To amend the Constitution of West Virginia to exempt from ad valorem
taxation a single motor vehicle owned, in whole or in part, by a resident of this state while the owner
or part-owner is serving on active duty in the armed forces of the United States and is stationed
outside this state on the date mandated by law for assessment to be made."
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 S. B. 148, Providing breast feeding not considered public indecency; on third
reading, coming up in regular order, was reported by the Clerk.
On motion of Delegates Webster and Schoen the bill was amended on page two, line thirteen,
after the word "jail" by inserting the word "for";
And,
On page two, line 15, after the word "dollars" by inserting the words "or both." and striking
out the remainder of the sentence.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 116),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 148) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 591, Supplementing, amending, reducing and increasing appropriation to Division of
Highways; on third reading, coming up in regular order, was read a third time.
Delegate Browning requested to be excused from voting on the passage of S. B. 591 under
the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
On the passage of the bill, the yeas and nays were taken (Roll No. 117), and there were--yeas
93, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 591) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 118), and there were--yeas 93, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 591) 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. 2059, Providing salary increase for conservation officers; 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. 119),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2059) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 120), and there were--yeas 93, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
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. 2059) takes effect July 1, 2007.
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. 2181, Requiring that annual reports be recorded on CD-Rom for
distribution; 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. 121),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2181) 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. 2189, Relating to substitute service personnel seniority; 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. 122),
and there were--yeas 92, nays 1, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Lane.
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2189) 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. 2348, Prohibiting the seizure of lawfully carried firearms during a
proclaimed state of emergency; 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. 123), and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2348) 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. 2481, 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; 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. 124),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2481) 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. 2503, Authorizing the Division of Motor Vehicles to issue an identification card to
West Virginia residents who already possess a valid driver's license; 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. 125),
and there were--yeas 92, nays 1, absent and not voting 6, with the absent and not voting being as
follows:
Nay: Porter.
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2503) 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. 2525, Extending the termination of the West Virginia statewide
addressing and mapping board; on third reading, coming up in regular order, was read a third time.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 126), and there were--yeas 87, nays
six, absent and not voting six, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
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. 2525) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 127), and there were--yeas 93, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
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. 2525) 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. 2583, Relating to the expansion of newborn testing; 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. 128),
and there were--yeas 92, nays 1, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Cann.
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2583) 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. 2588, Reimbursing tuition and fees for courses for the renewal of
teaching certificates; 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. 129),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2588) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 130), and there were--yeas 93, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
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. 2588) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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; 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. 131),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2703) 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. 2763, Relating to persons performing financial examinations of
insurers; 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. 132),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for 2763) 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. 2777, Relating to compensation of public school teachers and school
personnel; on third reading, coming up in regular order, was read a third time.
Delegate Martin requested to be excused from voting on the passage of Com. Sub. for H. B.
2777 under the provisions of House Rule 49 stating that he represented registered nurses who work
for the public school system.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
Delegates Anderson, Argento, Ashley, Barker, Border, Duke, Eldridge, Ellis, Ennis, Ireland,
C. Miller, Moye, Perry, Pethtel, Proudfoot, Romine, Rowan, Schadler, Schoen, Shaver, Spencer,
Stalnaker, Stephens, Sumner, Varner, White requested to be excused from voting on the passage
of Com. Sub. for H. B. 2777 under the provisions of House Rule 49.
The Speaker refused to excuse the Delegates from voting, stating that they were members
of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 133), and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2777) passed.
On motion of Delegate White, the title of the bill was amended to read as follows:
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 134), and there were--yeas 93, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
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. 2777) takes effect July 1, 2007.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2831, Relating to transfer of development rights; eliminating the five year ordinance
waiting period; 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. 135),
and there were--yeas 92, nays none, absent and not voting 7, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Crosier, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2831) passed.
An amendment to the title of the bill, recommended by the Committee on Political
Subdivisions, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2831 - "A Bill to amend and reenact §7-1-3mm of the Code of West Virginia, 1931,
as amended, relating to transfer of development rights; eliminating the five year ordinance waiting
period; and providing that the transfer of development rights may be renewable."
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. 2842, Relating to sale and serving of beverages in schools; 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. 136),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2842) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 137), and there were--yeas 93, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
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. 2842) 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. 2939, Relating to alternative education programs for certified teachers
to obtain additional endorsement; 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. 138),
and there were--yeas 92, nays 1, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Lane.
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2939) 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. 3025, Removing the ten year limitation on executing liens for child support; 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. 139),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3025) 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. 3066, Relating to pedestrian's right-of-way in crosswalks; 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. 140),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3066) 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. 3097, Relating to government employees deferred compensation plans;
on third reading, coming up in regular order, was read a third time.
Delegates Browning, Walters and White requested to be excused from voting on the passage
of Com. Sub. for H. B. 3097 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members
of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 141),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Amores, Beach, Brown, Frederick, Miley and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3097) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
H. B. 3073, Relating to prohibiting financial institutions from establishing or maintaining
a branch in West Virginia on, or within one and one-half miles of, the premises or property of an
affiliate, under certain circumstances; on second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for S. B. 96, Authorizing fire department-owned apparatuses use yellow flashing
lights,
Com. Sub. for S. B. 169, Requiring insurance companies obtain title to certain totaled
vehicles,
S. B. 412, Providing penalties for hand held cell phone violations by minor while driving,
Com. Sub. for H. B. 2078, Clarifying the procedure for tagging bear, bobcats, deer and wild
turkey taken while hunting,
H. B. 2130, Eliminating any reduction in the benefit of a deputy sheriff who is disabled on
the job,
Com. Sub. for H. B. 2145, Defining limited use residence elevators in public places,
Com. Sub. for H. B. 2194, Authorizing issuance of warrants to extract blood analysis of
persons charged with driving under the influence,
Com. Sub. for H. B. 2253, Providing certain correctional officers be transferred into the civil
service system as covered employees,
Com. Sub. for H. B. 2324, Allowing spouses who are employed by the same county board
of education to transfer unlimited accumulated sick leave to each other,
Com. Sub. for H. B. 2436, Modifying the Nurse Overtime and Patient Safety Act,
Com. Sub. for H. B. 2527, Revising the sunrise review process,
Com. Sub. for H. B. 2590, Authorizing the Department of Revenue to promulgate legislative
rules
Com. Sub. for H. B. 2616, Authorizing the Department of Administration to promulgate
legislative rules,
Com. Sub. for H. B. 2670, Authorizing the Department of Commerce to promulgate
legislative rules,
Com. Sub. for H. B. 2709, Requiring the installation of fire hydrants at intervals of not more
than every two thousand feet on all new installation of water mains,
Com. Sub. for H. B. 2717, Enacting a retirement system for Emergency Medical Services
Personnel,
Com. Sub. for H. B. 2747, Regulating plumbers and fire protection workers
Com. Sub. for H. B. 2796, Reducing federal adjusted gross income for contributions to
public institutions of higher education,
Com. Sub. for H. B. 2870, Authorizing the court to order payment into the Domestic
Violence Legal Services Fund under certain circumstances,
Com. Sub. for H. B. 2877, Funding entities ensuring public safety on state highways,
Com. Sub. for H. B. 2908, Removing an outdated reference to the assessed value of
livestock used to determine the value of livestock killed by a bear,
Com. Sub. for H. B. 2909, Assessing a fee for processing scientific collecting permits,
Com. Sub. for H. B. 2918, Authorizing county boards of education to pay five hundred
dollars to any service employee who gives notification of resignation or retirement,
H. B. 2944, Enhancing the end-of-life care given to residents of nursing homes,
Com. Sub. for H. B. 2945, Providing for tax credits for apprenticeship training in
construction trades,
Com. Sub. for H. B. 2973, Declaring certain claims against the state to be moral obligations
of the state and directing the Auditor to issue warrants for the payment thereof,
H. B. 3006, Limiting the number of terms a member of the Board of Physical Therapy may
serve,
Com. Sub. for H. B. 3048, Providing credit for specified high technology manufacturers,
Com. Sub. for H. B. 3054, Making changes to the West Virginia Board of Dental
Examiners,
H. B. 3072, Relating to defining " charitable exemptions " for purposes of the municipal
business and occupation tax,
And,
H. B. 3090, Transferring the Weston State Hospital Institutional Farm to the Department of
Health and Human Resources.
At 12:46 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 5:30
p.m., and reconvened at that time.
* * * * * * * * * * * *
Evening Session
* * * * * * * * * * * *
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
On motion for leave, a resolution was introduced (Originating in the Committee on Finance
and reported with the recommendation that it be adopted), which was read by its title as follows:
By Delegates White, Boggs, Yost, Perdue, Doyle, Barker, Tucker, Campbell, Klempa,
Marshall, Spencer, Iaquinta, Ashley, Anderson, Carmichael, Evans, Blair and Walters:
H. C. R. 50 - "Requesting the Joint Committee on Government and Finance study the soft
drink tax, also known as the pop tax, currently in existence in the state of West Virginia."
Whereas, The pop tax was created by the West Virginia Legislature over a half century ago
to build and equip the original University Hospital and the medical school.
Whereas, The current pop tax has been in existence for over fifty years without an analysis
of how it is used and its impact on the pop industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the current use
of the pop tax, the fairness of the pop tax and how the West Virginia University's health profession
programs are funded.
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, 2008, 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 legislation be paid from legislative appropriations to the Joint Committee on Government
and Finance.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
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. 2020, Requiring mine operators to provide notice of hazardous chemical substances
and lead exposure to its employees,
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended.
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. 3228, Providing that home confinement officers are subject to criminal prohibition of
engaging in sexual intercourse with person incarcerated.
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended.
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. 3093, Providing a form for a combined medical power of attorney and living will,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3093 - "A Bill to amend and reenact §16-30-4 of the Code of West
Virginia, 1931, as amended, relating to providing a form for a combined medical power of attorney
and living will,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
H. B. 3075, Restricting minor children's physical access to tobacco products,
H. B. 3229, Increasing default late fees and shortening the period given to an occupant to
cure a default before an owner may enforce a lien for self-service storage facilities,
H. B. 3270, Relating to the compensation and expenses of fiduciaries,
H. B. 3271, Clarifying spendthrift trusts,
And,
H. B. 3272, Relating to total return unitrusts,
And reports the same back with the recommendation that they each do pass.
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. 2223, Restricting public access to concealed weapons permit records,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2223 - "A Bill to amend and reenact §61-7-4 of the Code of West
Virginia, 1931, as amended, relating to concealed weapons generally; clarifying the scope of a concealed weapons permit; and restricting public access to concealed weapons permit records,"
H. B. 2926, Relating to providing notification that a domestic violence protective order has
been extended,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2926 - "A Bill to amend and reenact §48-27-401 of the Code of West
Virginia, 1931, as amended, relating to domestic violence protective orders; providing for the
development of rules by the Supreme Court of Appeals regarding the provision of notice to the
parties, law-enforcement and the domestic violence registry when a domestic violence protective
order is extended by the reopening of or filing of certain civil actions 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,"
H. B. 3064, Relating to allowing counties with contiguous borders with other states where
the closing time for bars is earlier set a closing time at an hour no later than that of the contiguous
state,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3064 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §7-1-14, relating to allowing counties with contiguous
borders with other states to alter closing times at businesses serving alcoholic liquor or
nonintoxicating beer; excepting certain racetracks from the provisions of this section; authorizing
local referendum; establishing conditions and limitations for election; and providing local
referendum procedures,"
H. B. 3161, Relating to the theft of oil, natural gas, water, telecommunications, electric and
solid waste service,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3161 - "A Bill to amend and reenact §61-3-45 of the Code of West
Virginia, 1931, as amended, relating to the theft of oil, natural gas, water, telecommunications and
electric service; and providing for the additional payment of restitution with penalties,"
And,
H. B. 3194, Relating to determining defendants' ability to pay cost of incarceration be done
at time of sentencing,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3194 - "A Bill to amend and reenact §7-8-14 of the Code of West
Virginia, 1931, as amended, relating to determining defendants' ability to pay costs of incarceration
be done at time of sentencing,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 3141, Relating to whom assessors may issue proof of payment of personal property
taxes,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2187, Providing payment for GED exam fees,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2187 - "A Bill to amend and reenact §18-5-19c of the Code of West
Virginia, 1931, as amended, relating to Division of Technical and Adult Education Services;
programs; legislative findings; providing payment of General Educational Development exam fees
for certain individuals; eligibility requirements; and requiring State Board of Education rule,"
H. B. 2309, Relating to tourism development projects and tourism expansion projects,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2309 - "A Bill to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5,
§5B-2E-6, §5B-2E-7, §5B-2E-8, §5B-2E-9 and §5B-2E-11 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §5B-2E-7a, all
relating to tourism development act tax credits; providing definitions; making certain entities ineligible for the credit; modifying total amount of tourism development project tax credit available
on or near reclaimed surface mining operation; setting certain deadlines; modifying total amount of
tourism development project tax credit available during calendar years; creating a tourism
development expansion project credit; implementing a one million five hundred thousand dollar tax
credit maximum availability for tourism development expansion projects; authorizing the
promulgation of rules to establish a tourism development expansion project application process; and
establishing a termination date for action on applications for tourism development projects and
validity of such projects not previously approved,"
H. B. 2558, Relating to donation and transfer of surplus personal computers and other
information systems, technology and equipment for educational purposes,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2558 - "A Bill to amend and reenact §5A-6-4 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §18B-3-2 of said code, all relating to the
donation of surplus computers; authorizing Chief Technology Officer to create and establish
donation program to public schools and low-income school children; encouraging collaboration with
certain agencies and private industries; exempting state computers to be donated from certain
procedures relating to the disposition of surplus property; and expanding number of higher education
institutions authorized to create computer and computer equipment donation programs,"
H. B. 2746, Establishing the Connectivity Advisory Commission,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 and §5A-
6A-5, 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; confidentiality of proprietary information; and continuing the commission,"
H. B. 2931, Providing for payment of tuition and fees for members of the West Virginia
National Guard enrolled in graduate study,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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,"
H. B. 3145, West Virginia Film Industry Investment Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3145 - "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,
§11-13W-5, §11-13W-6, §11-13W-7, §11-13W-8, §11-13W-9, §11-13W-10, §11-13W-11,
§11-13W-12 and §11-13W-13, all relating to activities of the film industry in West Virginia; creating
a tax credit on direct production and post production expenditures directly related to the production
of film or commercial audiovisual products; requiring approval of the West Virginia development
office; and providing for reports of the cost effectiveness of the credits and recommendations for the
expansion of the film industry in West Virginia,"
And,
H. B. 3166, Exempting community action agencies from the certificate of title tax for
vehicles used for their Head Start program,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3166 - "A Bill to amend and reenact §17A-3-4 of the Code of West
Virginia, 1931, as amended, relating to the taxation of vehicles; an exemption for new residents of
this state from payment of the privilege tax upon a showing that the applicant was not a resident of
this state at the time the vehicle was purchased and the vehicle was properly titled in the applicant's
previous state or jurisdiction of residence; elimination of the five percent privilege tax on the
certificate of title; and an exemption for cars used for Head Start in community action agencies,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 3164, Pharmaceutical Availability and Affordability Act of 2007,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3164 - "A Bill to repeal §5-16-7b of the Code of West Virginia, 1931,
as amended; to repeal §5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6, §5-16C-7,
§5-16C-8, §5-16C-9, and §5-16C-10 of said code; to repeal §5A-3-1a of said code; to repeal
§5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8,
§5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16
and §5A-3C-17 of said code; and to amend said code by adding thereto a new article, designated
§16-43-1, §16-43-2, §16-43-3, §16-43-4, §16-43-5, §16-43-6, §16-43-7, §16-43-8, §16-43-9, §16-
43-10, §16-43-11, §16-43-12, §16-43-13, §16-43-14, §16-43-15, §16-43-16, §16-43-17 and §16-43-
18, all relating generally to pharmaceutical availability and affordability; legislative findings;
defining certain terms; creating the position of the Pharmaceutical Advocate; continuing the West
Virginia Pharmaceutical Cost Management Council; establishing powers and duties; exempting the
Pharmaceutical Advocate from state purchasing requirements; authorizing the Pharmaceutical
Advocate to take advantage of acts of Congress, accept gifts, grants and matching funds; continuing
interim agency management ability; requiring manufacturers and labelers to report certain marketing,
advertising, and promotional costs to the Pharmaceutical Advocate; requiring participation by all
state agencies who are payors for prescription drugs; providing authority for the secretary of each
department to cooperate with the Pharmaceutical Advocate in the purchase of prescription drugs;
authorizing the Pharmaceutical Advocate to establish programs permitting participation in a
preferred drug list by private individuals, commercial insurance carriers and self-insured companies;
providing some protections for pharmacists; establishing criminal and civil penalties for restraint of
trade and providing for rule-making authority,
With the recommendation that the committee substitute do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 2791, Relating to penalties for violating peace bonds.
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
Com. Sub. for S. B. 18 - "A Bill to amend and reenact §5-16-7 and §5-16-9 of the Code of
West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated
§9-5-20; to amend said code by adding thereto a new section, designated §33-15-4i; to amend said
code by adding thereto a new section, designated §33-16-3s; to amend said code by adding thereto
a new section, designated §33-24-7i; to amend said code by adding thereto a new section, designated
§33-25-8g; and to amend said code by adding thereto a new section, designated §33-25A-8h, all
relating to insurance coverage for kidney disease screening; modifying required benefits for public
employees insurance, accident and sickness insurance, group accident and sickness insurance,
hospital service corporations, medical service corporations, dental service corporations, health
service corporations, health care corporations and health maintenance organizations; requiring
insurance policies and medical benefit plans to include certain coverages when medically appropriate
and consistent with relevant national guidelines; requiring coverage from Medicaid for testing for
chronic kidney disease; public education of providers on management of chronic kidney disease; and
defining diagnostic criteria for chronic kidney disease"; which was referred to the Committee on
Health and Human Resources then Finance.
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. 149 - "A Bill to repeal §49-7-31 of the Code of West Virginia, 1931, as amended,
relating to the establishment of a special account in the Department of Health and Human Resources
as the Child Assessment or In-State Placement Fund"; which was referred to the Committee on
Health and Human Resources then Finance.
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. 376 - "A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §49-5-2 of said code, all relating to granting municipal courts
jurisdiction over juveniles who violate laws and ordinances relating to tobacco use."
At the request of Delegate DeLong, and by unanimous consent, reference of the bill (S. B.
376) to a committee was dispensed with.
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. 388 - "A Bill to amend and reenact §48-12-101, §48-12-102 and §48-12-103 of the
Code of West Virginia, 1931, as amended, all relating to medical support provisions in child support
orders; defining terms; establishing procedures for allocation of the costs of medical support between
the parties to a child support order; and providing guidelines for setting medical support"; 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
Com. Sub. for S. B. 479 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §17-10-1a, relating to authorizing county commissions
to expend county funds to repair orphan roads, including, but not limited to, cemetery roads, located
in their respective counties under certain circumstances; and granting authority to county
commissions to seek ownership of roads repaired or improved by the funds"; which was referred to
the Committee on Government Organization then Finance.
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. 484 - "A Bill finding and declaring certain claims against the state and its agencies to
be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 569 - "A Bill to amend and reenact §11-15-18b of the Code of West
Virginia, 1931, as amended, relating to modifying how funds from the motor fuel excise tax are
dedicated; creating the Special Railroad and Intermodal Enhancement Fund; and specifying
permissible expenditures from the fund"; which was referred to the Committee on Finance.
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. 589 - "A Bill to amend and reenact §29-6-7 of the Code of West Virginia, 1931, as
amended, relating to expanding the powers and duties of the Director of Personnel to allow monetary
incentives in programs developed to improve the efficiency and effectiveness of public service";
which was referred to the Committee on Government Organization.
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. 596 - "A Bill to amend and reenact §3-1-2a of the Code of West Virginia, 1931, as
amended, relating to municipal elections; and providing that municipal personnel responsible for
elections must attend biannual training conducted by the office of the Secretary of State"; which was
referred to the Committee on Political Subdivisions then Government Organization.
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. 611 - "A Bill to amend and reenact §20-5-16 of the Code of West Virginia, 1931, as
amended, relating to allowing the Director of the Division of Natural Resources to enter into long-
term contracts with third parties to construct recreational facilities and cabins"; which was referred to the Committee on Agriculture and Natural 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. 613 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as
amended, relating to restrictions on carrying a crossbow afield and in a vehicle"; which was referred
to the Committee on Agriculture and Natural Resources then the Judiciary.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates
returned to the Eighth Order of Business for the purpose of introduction of bills.
Bills Introduced
On motion for leave, the following bill was introduced, read by its title, and referred as
follows:
By Delegate J. Miller:
H. B. 3275 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2I-11, relating to reporting requirements for physicians and
the Department of Health and Human Resources when it is suspected that a woman has suffered
injury or death due to an induced abortion; contents of the reports; duties of the department; and
penalties"; to the Committee on Health and Human Resources. then the Judiciary.
By Delegate Cann:
H. B. 3276 - "A Bill to amend and reenact §18C-7-3 of the Code of West Virginia, 1931,
as amended, relating to including Salem International University as an eligible institution for
PROMISE scholarship students"; to the Committee on Education.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Amores, Beach, Brown, Frederick, Miley and Morgan.
Miscellaneous Business
The Clerk announced the receipt of a letter from the Speaker of the House, appointing
Delegate Duke as a member of the Select Committee on Mine Safety Issues.
At 6:44 p.m., the House of Delegates adjourned until 5:00 p.m., Sunday, February, 25, 2007.