________*__________
Thursday, January 10, 2008
SECOND DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, January 9, 2008, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced
Delegates Iaquinta, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Boggs,
Brown, Browning, Burdiss, Campbell, Canterbury, Caputo, Craig, Crosier, DeLong, Doyle, Duke,
Eldridge, Ellis, Evans, Fragale, Frederick, Guthrie, Hatfield, Ireland, Klempa, Long, Longstreth,
Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry,
Pethtel, Pino, M. Poling, Proudfoot, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver,
Sobonya, Spencer, Staggers, Stalnaker, Stephens, Swartzmiller, Tansill, Tucker, Varner, Wells,
Williams, Wysong and Yost offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 2 - "Requesting the Joint Committee on Government and Finance study creating
a program to prepare military veterans for careers in construction project scheduling."
Whereas, Construction project scheduling is not offered in colleges or universities as a
major or minor discipline, but is limited in scope as part of a major course of study, such as
engineering; and
Whereas, Due to a lack of formalized training schedulers are difficult to obtain and many
major construction companies must develop or "grow" their own project schedulers; and
Whereas, With four to six weeks of training, a construction project scheduler can earn a
salary of around forty thousand dollars per year, with significant increases after several years'
experience, in today's market; and
Whereas, The first step would be to develop a facility that recruits and evaluates veterans
who express an interest in becoming a project scheduler; to identify viable candidates; to formally
school them in the most universally accepted project management software available, such as
Primavera Project Manager; and to provide additional and specialized training to acquaint veterans
with general construction terms and techniques; and
Whereas, Upon completion of this training, veterans would be issued a laptop computer
loaded with the necessary software and given a living allowance until receipt of several paychecks;
and
Whereas, Veterans would then be offered to firms and facilities needing their services while
remaining in close contact with the veteran's training facility, which would provide veterans with
support during the first several months of their new employment; and
Whereas, With the right presentation, such companies might be willing to seize the
opportunity to help veterans from the present and other conflicts by financing training and providing
employment for veterans in order to bolster their public image; and
Whereas, West Virginia construction firms would, no doubt, be willing to assist in the
training and placement of veterans as project schedulers; and
Whereas, Primavera Systems is already willing to negotiate training and software prices for
marketing considerations; and
Whereas, Providing veterans (priority to wounded veterans) with the training necessary to
become a construction project scheduler would represent an opportunity to provide good paying jobs
for veterans while becoming a much-needed project-scheduler resource for the construction industry;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study creating
a program to prepare military veterans for careers in construction project scheduling; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Caputo, Longstreth and Manchin offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 3 - "Requesting the Joint Committee on Government and Finance to study current
trends in juvenile crime and the impact of 'boot camp' and 'scared straight' disciplinary programs
in reducing juvenile crime."
Whereas, Juvenile crime remains a serious and ever-increasingly costly blight on the State
that annually takes a heavy toll in terms of property loss, state resources, physical harm to innocent
victims and loss of human life; and
Whereas, Traditional approaches to the problem of juvenile crime and delinquency have
proved ineffective and inefficient in terms of cost and effort expended; and
Whereas, The number of juveniles being incarcerated in this State has increased substantially during the past decade while the cost of incarceration has dramatically increased as
well; and
Whereas, Innovative approaches need to be devised and implemented to address the ever-
increasing and problematic specter of juvenile crime and juvenile delinquency; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study current
trends in juvenile crime and the impact of "boot camp" and "scared straight" disciplinary programs
in reducing juvenile crime; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2009, 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 Burdiss and Browning offered the following resolution, which was read bu its title
and referred to the Committee on Rules:
H. C. R. 4 - "Requesting that bridge number .015 located on Route 54 at the old Mullens
Athletic Field in the City of Mullens, Wyoming County, be named 'The H.E. 'Homer' Lilly
Bridge'."
Whereas, H.E. "Homer" Lilly was instrumental in shaping the destiny of the City of
Mullens into its present condition as a bustling, growing and thriving community; and
Whereas, As a realtor he was involved in the real estate development in and around the City
of Mullens in the early 1900's, selling many a young married couple starting out in life, land upon
which to construct their home; and
Whereas, As a member of the Board of Directors of the Peoples Bank of Mullens, he helped
many to attain financing to build homes on the land he previously sold them; and
Whereas, The Peoples Bank of Mullens' continuing success and existence is tribute to the
life works of Mr. Lilly, being the only Bank in Wyoming County to have survived the Great
Depression while continuing to this day to operate with the same vision and trust that was instilled
in its operation by Mr. Lilly; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number .015 located on
Route 54 at the old Mullens Athletic Field in the City of Mullens, Wyoming County, "The H.E.
'Homer' Lilly Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of said bridge, containing bold and
prominent letters proclaiming the bridge to be "The H.E. 'Homer' Lilly Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and to the Mayor and City Council of
the City of Mullens.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
By Request of the Executive:
H. J. R. 101 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one, article X thereof, relating to authorizing the exemption from ad valorem
taxation personal property inventory in the form of raw materials, goods in process and finished
goods employed exclusively in or resulting exclusively from manufacturing, 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.
Delegates Eldridge, Ellis, Argento, Azinger, Barker, Beach, Browning, Burdiss, Caputo,
Crosier, DeLong, Doyle, Frederick, Guthrie, Hartman, Hatfield, Hrutkay, Iaquinta, Ireland, Kessler, Klempa, Kominar, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore,
Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, Proudfoot, Reynolds, Rodighiero,
Romine, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Swartzmiller, Tabb, Webster,
Wells, Williams and Yost offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. R. 2 - "Requesting the State Fire Commission to increase by six percent the salary paid
to the State Fire Marshal."
Whereas, The State Fire Marshal has broad responsibility for the implementation of fire
programs in the state designed to minimize fire hazards, the effects of disaster, and the loss of life
and property from fire; and
Whereas, In light of the responsibility of the office, the remuneration paid to the State Fire
Marshall lacks parity with similarly situated agency heads and commissioners; therefore, be it,
Resolved by the House of Delegates:
That it is hereby expressed by the members that the State Fire Commission increase by six
percent the salary paid to the State Fire Marshal.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Williams, Stalnaker, Wysong, Canterbury, Campbell, Kominar, Michael,
Tabb and Long:
H. B. 4015 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13Y-1; and to amend and reenact §18-2-5 of said code, all
relating to authorizing a tax credit for new teachers in critical needs areas; and requiring the State
Board of Education to determine standards defining 'critical needs areas' in both subject areas and
geographic areas"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4016 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931,
as amended, relating to updating meaning of federal adjusted gross income and certain other terms
used in West Virginia Personal Income Tax Act; and specifying effective dates"; to the Committee
on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4017 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931,
as amended, relating to updating meaning of federal taxable income and certain other terms used in
West Virginia Corporation Net Income Tax Act; and specifying effective dates"; to the Committee
on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4018 - "A Bill to amend and reenact §12-1A-9 of the Code of West Virginia, 1931,
as amended, relating to the renewal of the West Virginia Small Business Linked Deposit Program";
to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4019 - "A Bill to amend and reenact §56-1-1a of the Code of West Virginia, 1931,
as amended, relating to civil actions filed in the courts of the state"; to the Committee on the
Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4020 - "A Bill to amend and reenact §27-3-1 of the Code of West Virginia, 1931, as
amended, relating to authorizing the disclosure of certain mental health records to the National
Instant Criminal Background Check System"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4021 - "A Bill to amend and reenact §22A-2-55 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §61-3-12 and §61-3-29 of said code, all relating generally to
coal mine health and safety; eliminating requirement that strobe lights be affixed to caches of self-
contained self-rescue devices; expanding criminal penalties for theft of certain coal mine equipment;
establishing criminal penalties for illegal entry into underground coal mines and surrounding
property; and establishing criminal penalties for damage or destruction of coal mine equipment and
property"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4022 - "A Bill to repeal §29-21-10, §29-21-11 and §29-21-12 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §29-21-
3b; and to amend and reenact §29-21-6, §29-21-8, §29-21-9, §29-21-13 and §29-21-13a of said code,
all relating to Public Defender Services generally; creating the Indigent Defense Commission;
specifying members and their terms; specifying certain powers and duties of the Indigent Defense
Commission; requiring public defender corporations to submit monthly financial statements and
reports; providing requirements for the creation, activation and merger of public defender
corporations; providing for the order of appointment of panel attorneys; establishing requirements
for funding applications; requiring corporations to submit proposed budgets; authorizing amended
funding contracts; providing for payment of fees to panel attorneys; and authorizing executive
director to establish guidelines for submission of claims and vouchers"; to the Committee on the
Judiciary then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4023 - "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931,
as amended; to amend and reenact §17B-3-6 of said code; and to amend and reenact §18-8-11 of said
code, all relating to the denial or suspension of the driver's license of any student between the ages
of fifteen and eighteen who withdraws from school or fails to receive passing grades"; to the
Committee on Education then the Judiciary.
By Delegates Hamilton and M. Poling:
H. B. 4024 - "A Bill to amend and reenact §61-6-17 of the Code of West Virginia, 1931,
as amended, relating to the insertion of language which defines acts of violence and makes its false
reporting a felony"; to the Committee on the Judiciary.
By Delegates Hamilton, Burdiss, Longstreth, Guthrie, M. Poling, Argento, Talbott,
Hrutkay, Marshall, Martin and Staggers:
H. B. 4025 - "A Bill to amend and reenact §22A-1-22 of the Code of West Virginia, 1931,
as amended, relating to the strengthening of protections for whistleblowers of unsafe working
conditions in mines"; to Industry and Labor, Economic Development and Small Business then the
Judiciary.
By Delegates Hamilton, Romine, Proudfoot, Burdiss, Evans, Longstreth, Talbott,
Hrutkay, Porter, Varner and Ellem:
H. B. 4026 - "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"; to the Committee on the
Judiciary.
By Delegate Boggs:
H. B. 4027 - "A Bill to repeal §19-30-1, §19-30-2, §19-30-3, §19-30-4, §19-30-5, §19-30-6,
§19-30-7, §19-30-8, §19-30-9, §19-30-10, §19-30-11 and §19-30-12 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new article, designated §15-5C-1,
§15-5C-2, §15-5C-3, §15-5C-4, §15-5C-5, §15-5C-6, §15-5C-7, §15-5C-8, §15-5C-9, §15-5C-10, §15-5C-11, and §15-5C-12, all relating to transferring administration of the donated food program
from the Department of Agriculture to the Department of Military Affairs and Public Safety"; to the
Committee on Finance.
At 11:09 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 11, 2008.