__________*__________
Thursday, January 31, 2008
TWENTY-THIRD 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 30, 2008, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Kominar, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4200, Insurance Commission, mental health parity,
H. B. 4246, Insurance Commission, replacement of life insurance policies and annuity contracts,
H. B. 4247, Insurance Commission, advertisement of life insurance and annuities,
H. B. 4248, Insurance Commission, life insurance disclosures,
And,
H. B. 4157, Allowing insurers who have been suspended from writing new policies to
continue to service existing policies,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4200, H. B. 4246, H.
B. 4247, H. B. 4248 and H. B. 4157) were each referred to the Committee on the Judiciary.
Chairman Kominar, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4250, Insurance Commission, life insurance illustrations,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4250) was referred to
the Committee on the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4171, Agriculture, inspection of meat and poultry,
H. B. 4172, Agriculture, frozen desserts and imitation frozen desserts,
H. B. 4211, Agriculture, auctioneers,
H. B. 4212, Agriculture, WV Plant Pest Act Rule,
And,
H. B. 4214, Alcohol Beverage Control Commission, farm wineries,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4171, H. B. 4172, H.
B. 4211, H. B. 4212, H. B. 4214) were each referred to the Committee on the Judiciary.
Chairman Talbott, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4204, Natural Resources, special boating rules,
H. B. 4266, Natural Resources, revocation of hunting and fishing licenses,
H. B. 4267, Natural Resources, rules for conditions which oil and gas operators may access
state forests,
And,
H. B. 4268, Natural Resources, wildlife scientific collection permit,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4204, H. B. 4266, H. B. 4267 and H. B. 4268) were each referred to the Committee on the Judiciary.
Chairman Talbott, from the Committee on Agriculture and Natural Resources, submitted the
following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4265, Natural Resources, commercial whitewater outfitters,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4265) was referred to
the Committee on the Judiciary.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4329, Providing for an optional two-year registration period for motorcycles and
facilitating expiration date changes,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4329) was referred to
the Committee on the Judiciary.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4331, Eliminating the requirement to send surrendered driver's licenses back to the original state of licensure,
And reports the same back with the recommendation that it do pass, as amended, but that
it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4331) was referred to
the Committee on the Judiciary.
Vice Chairman Browning, from the Committee on Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had
under consideration:
H. B. 4032, Relating to payment of wages through a direct deposit system,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4032 - "A Bill to amend and reenact §21-5-3 of the Code of West
Virginia, 1931, as amended, relating to payment of wages through a direct deposit system utilizing
an electronic payment card or other means of electronic transfer,"
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. 4032) to the Committee
on Finance was abrogated.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4231, Election Commission, corporate political activity,
H. B. 4232, Election Commission, regulation of campaign finance,
And,
H. B. 4233, Election Commission, election expenditures,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4231, H. B. 4232 and
H. B. 4233) were each referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2537, Establishing county and municipal authorities to provide for and maintain
facilities to house Child Advocacy Centers,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2537) was referred to
the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4137, Clarifying that a municipality and county will be notified by an insurance
company when a total loss to a structure occurs,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4137) was referred to
the Committee on Government Organization.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4156, Permitting a governing body of a municipality to place a lien on property in an
amount equal to the demolition and removal of a hazardous structure,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4156) was referred to
the Committee on Government Organization.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4001, Providing certain county commissions with authority to regulate the location of
businesses selling sexually-oriented materials,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4001) was referred to
the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4238, Health and Human Resources, water well design standards,
And,
H. B. 4242, Health and Human Resources , clandestine drug laboratory remediation,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4238 and H. B. 4242)
were each referred to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 234 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §48-25A-1, §48-25A-2 and §48-25A-3, all relating to the creation of a
Maternal Mortality Review Team; members; and responsibilities"; which was referred to the
Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 337- "A Bill to amend and reenact §51-1-11 of the Code of West Virginia, 1931, as
amended, relating to the removal of obsolete language concerning the Clerk of the Supreme Court of Appeals"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 459 - "A Bill to amend and reenact §18-9D-20 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated §18-9D-21; and to amend
and reenact §18B-17-2 of said code, all relating to education rules; authority of School Building
Authority to promulgate rules; determining effective dates; waiving technical deficiencies; and
authorizing rules of the School Building Authority and the Higher Education Policy Commission";
which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 34 - "Amending the Joint Rules of the Senate and House of Delegates."
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates be amended by adding thereto a
new rule, designated Joint Rule No. 32, to read as follows:
Receipt of Constitutional Petitions and Resolutions.
32.Any application from a county commission or a verified petition from the voters of
a county seeking to reform, alter or modify a county commission pursuant to Article IX, Section 13
of the West Virginia Constitution and any related documents that may be subsequently submitted shall be filed with the Clerk of the Senate and the Clerk of the House of Delegates. The Clerk of the
Senate and the Clerk of the House of Delegates shall verify that the application, petition or related
document has been properly submitted to the other clerk before processing it in his or her respective
house. Such applications, petitions and related documents not submitted to both the Clerk of the
Senate and the Clerk of the House of Delegates will not be submitted to either house for processing
or consideration by the Legislature.
When the Legislature is not sitting in regular session, upon receipt of an application, petition
or related document from a county commission by the Clerk of the Senate and the Clerk of the House
of Delegates, it shall be processed as a regular order of business at the next regular session following
receipt of the application, petition or related document.
Effective with the 2009 regular session of the Legislature, an application or petition to
reform, alter or modify a county commission filed with the Legislature on or after the tenth day of
a regular legislative session may not be processed or considered by the Legislature until the next
regular legislative session.
An application or petition to reform, alter or modify a county commission filed with the
Legislature is only valid for the session in which it was processed and such application or petition
not acted upon during that session is null and void.
If an application or petition to reform, alter or modify a county commission filed with the
Legislature is determined by the Legislature to have an unconstitutional provision, then the
Legislature may: (a) Request that the application or petition be corrected and resubmitted; or (b)
make changes necessary to meet the constitutional objection. A corrected application or petition may
be processed by the Legislature if there is sufficient time remaining in the session for full consideration. If any request by the Legislature to correct an application or petition prevents full
consideration of that application or petition during the session in which it would have been
considered, the House and the Senate may process the corrected application or petition at the next
regular session.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 7, Supporting the efforts of the Town of Matewan to obtain National Park status for
the Matewan Historic Landmark District.
Resolutions Introduced
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Kessler, Burdiss, Tansill, Reynolds, Rodighiero, Shook, Barker, Gall,
Staggers and Fleischauer:
H. J. R. 104 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article VIII thereof, by adding thereto a new section, designated section seventeen, relating
to the creation of a judicial commission to determine the recusal of judges; 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 Finance.
Delegate Overington, Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes,
Armstead, Ashley, Azinger, Barker, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell,
Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, DeLong, Doyle, Doyle, Eldridge, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hartman,
Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long,
Longstreth, Manchin, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Palumbo,
Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero,
Romine, Rowan, Schadler, Schoen, Shaver, Shook, Spencer, Staggers, Stalnaker, Stemple, Stephens,
Sumner, Swartzmiller, Tabb, Talbott, Tansill, Tucker, Varner, Walters, Webster, Wells, White,
Williams, Wysong and Yost offered the following resolution, which was read by the Clerk:
H. R. 15 - "Designating January 31, 2008, as 'Animal Appreciation Day'."
Whereas, Animals are valued members of our families, public service organizations and our
culture, it is our fundamental obligation to care for and protect them; and
Whereas, The estimated ninety-seven humane societies and animal shelters in West Virginia
continue to be instrumental in championing and protecting these animals; and
Whereas, Thousands of dedicated West Virginians work at these shelters, many on a
volunteer basis, to ensure the proper level of care and compassion these animals deserve; and
Whereas, Everyday across our State, these volunteers, staff and animal control personnel
see the results of irresponsible pet ownership and dog and cat overpopulation; and
Whereas, Roughly sixty percent of these animals will never be adopted into a family; and
Whereas, It is our responsibility to assure and provide for the well-being of our animals
through legislation and educational programs designed to prevent further animal cruelty, abuse, and
overpopulation and to promote and support spay and neutering programs throughout West Virginia,
therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 31, 2008, as "Animal Appreciation
Day"; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this
resolution for the appropriate officials of the Humane Society of the United States and the county
and municipal humane societies and shelters of West Virginia.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 15) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Williams, Shaver, Perry, Long, Tabb, Michael, Gall, Hartman, Stemple
and Sumner:
H. B. 4345 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-14C-5a, relating to reducing the wholesale tax on heating fuel,
off road fuels, kerosene and propane used for home heating purposes or off road use to 4.85 percent;
and effective date"; to the Committee on Finance.
By Delegates Williams, Shaver, Perry, Long, Hartman, Stemple, Romine, Michael,
Sumner and Gall:
H. B. 4346 - "A Bill to amend and reenact §11-15-11 of the Code of West Virginia, 1931,
as amended, relating to consumer sales tax exemptions"; to the Committee on Education then
Finance.
By Delegates Caputo, Tucker, Boggs, DeLong, D. Poling and Spencer:
H. B. 4347 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2-5a, relating to compensating state troopers for off-duty time
when they are required to be on standby to be called back to work"; to the Committee on Finance.
By Delegates Caputo, White, M. Poling, Manchin, DeLong, Webster and Fragale:
H. B. 4348 - "A Bill to amend and reenact §22A-1-4 of the Code of West Virginia, 1931,
as amended, relating to adding language to the code for fees that are already imposed for tests and
certificates"; to the Committee on the Judiciary.
By Delegates Reynolds and Stephens:
H. B. 4349 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931,
as amended, relating to capping regional jail per diem charges at forty-eight dollars and ten cents per
day, per inmate"; to the Committee on the Judiciary.
By Delegates Spencer, Fleischauer, Shook, Martin, Hatfield, Guthrie, Paxton,
Longstreth, Gall and DeLong:
H. B. 4350 - "A Bill to amend and reenact §18B-7-1 of the Code of West Virginia, 1931,
as amended, relating to full-time classified personnel workforce reduction at state institutions of
higher education on the basis of seniority"; to the Committee on Education.
By Delegate Browning:
H. B. 4351 - "A Bill to amend and reenact §18A-2-12 of the Code of West Virginia, 1931,
as amended, relating to limiting the posting of certain classroom material on the Internet as
determined by the classroom teacher"; to the Committee on Education.
By Delegate Michael:
H. B. 4352 - "A Bill to amend and reenact §18A-3-1 of the Code of West Virginia, 1931,
as amended, relating to teacher certification"; to the Committee on Education.
By Delegates Caputo, Argento, Stemple, Azinger, Talbott, White, D. Poling and
Williams:
H. B. 4353 - "A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West
Virginia, 1931, as amended, all relating to providing an increase in compensation for conservation
officers"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Rodighiero, Ellis and Hrutkay:
H. B. 4354 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as
amended, relating to providing state health care services for all active and inactive duty military
personnel"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegates Browning, Moore, Ellis, Kominar, White and Burdiss:
H. B. 4355 - "A Bill to amend and reenact §20-14-8 of the Code of West Virginia, 1931, as
amended, relating to allowing the Hatfield-McCoy Regional Recreation Authority to retain civil
penalties imposed for violation of authority rules, for the benefit of the Hatfield-McCoy Recreation
Area"; to the Committee on Finance.
By Delegate Reynolds:
H. B. 4356 - "A Bill to amend and reenact §16-2I-2 of the Code of West Virginia, 1931, as
amended, relating to allowing a hospital physician to decline performing an abortion when a
mother's life is not in imminent danger"; to the Committee on Health and Human Resources then
the Judiciary.
By Delegates White, DeLong, Shook, Webster, Boggs, Kominar and Anderson:
H. B. 4357 - "A Bill to amend and reenact §11-13J-12 of the Code of West Virginia, 1931,
as amended, relating to extending the Neighborhood Investment Program Act and eligibility for tax
credits under the act"; to the Committee on Finance.
By Delegates Hatfield, Spencer, Guthrie, Wells and Higgins:
H. B. 4358 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-8-24, relating to prohibiting an owner or manager of an
elephant from engaging in abusive behavior towards the elephant; providing criminal penalties"; to
the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Rodighiero, Ellis and Hrutkay:
H. B. 4359 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-3-5a, relating to the elimination of mercury in vaccines"; to
the Committee on Health and Human Resources then the Judiciary.
By Delegates Kessler, Burdiss, Tansill, Reynolds, Rodighiero, Moye, Barker, Gall and
Staggers:
H. B. 4360 - "A Bill to amend and reenact §22A-2-55 of the Code of West Virginia, 1931,
as amended, relating to mine operators providing three sets of coveralls, with at least four hundred
square inches of bright reflective material, to each employee per year"; to the Committee on the
Judiciary.
By Delegates Kessler, Walters, Burdiss, Rodighiero, Moye, Gall, Staggers and Barker:
H. B. 4361 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §50-3-2c, relating to prohibiting magistrates from imposing more
than one court cost fee per hearing; and prohibiting magistrates from imposing multiple court cost fees if the resolution of a matter requires more than one hearing"; to the Committee on the Judiciary
then Finance.
By Delegates Reynolds, Stephens, Rodighiero, Eldridge, Ellis, Hrutkay, Craig and
Morgan:
H. B. 4362 - "A Bill to amend and reenact §60A-7-707 of the Code of West Virginia, 1931,
as amended, relating to authorizing the law-enforcement agency responsible for a forfeited motor
vehicle to trade the motor vehicle for a new vehicle if the motor vehicle has little value for public
auctions purposes"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Martin, Schoen and Paxton:
H. B. 4363 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-1-14, relating to county commissions generally; authorizing
county commissions to adopt noise abatement ordinances; violation of such ordinance to constitute
a misdemeanor; and authorizing penalty for violation"; to the Committee on Political Subdivisions
then the Judiciary.
By Delegates Schadler and Hrutkay:
H. B. 4364 - "A Bill to amend and reenact §17A-6-1b, §17A-6-2a, §17A-6-4, §17A-6-7 and
§17A-6-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-6E-2
of said code, all relating to the licensing of dealers, extending authority to out of state dealers to issue
vehicle registrations; expanding authority of dealer recovery fund control board to consider claims
against the fund; increasing minimum bond requirement from ten thousand dollars to twenty-five
thousand dollars; establishing minimum number of sales prior to renewal and opportunity for appeal;
exempting salespersons employed by dealers selling commercial vehicles, financial institutions and auctions from the requirement to obtain a salesperson license and authorizing the commissioner to
require participation in an electronic temporary plates or markers program as a precondition for
issuance of temporary plates"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Fragale:
H. B. 4365 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931,
as amended, relating to providing a minimum hourly rate of pay for extracurricular assignments for
school service personnel"; to the Committee on Education then Finance.
By Delegates Stemple, Webster, Moore, Hrutkay, Brown and Pino:
H. B. 4366 - "A Bill to amend and reenact §17B-4-3 of the Code of West Virginia, 1931,
as amended; to amend and reenact §17C-5-2 and §17C-5-7 of said code; to amend said code by
adding thereto a new section, designated §17C-5-4a; to amend and reenact §17C-5A-1, §17C-5A-2,
§17C-5A-3 and §17C-5A-3a of said code, all relating to modifications to administrative and criminal
penalties for driving a motor vehicle under the influence of alcohol and/or drugs; reducing the
administrative sanctions for driving a vehicle with a lawfully suspended or revoked license;
removing the mandatory twenty-four hour incarceration for first offense driving under the influence;
deleting a provision criminalizing the operation of a motor vehicle by habitual drug user; creating
an aggravated offense of driving with a blood alcohol concentration of fifteen hundredths of one
percent or more, by weight; requiring drivers involved in a motor vehicle crash that results in the
death or serious bodily injury to another person to submit to a chemical test of their blood, breath
or urine; permitting participation in the motor vehicle alcohol test and lock program for first offense
driving under the influence; removing superfluous provisions related to children operating a motor
vehicle under the influence of alcohol; permit law-enforcement officers to submit an affidavit rather than attend the administrative hearing unless subpoenaed; providing incentives for participation in
the motor vehicle alcohol test and lock program for first offense driving under the influence;
providing enhanced administrative sanctions for persons operating a motor vehicle with a blood
alcohol concentration of fifteen hundredths of one percent or more, by weight; making certain
technical changes to administrative procedures; transferring primary authority of the safety and
treatment program to the Department of Health and Human Resources; providing for removal of the
driver's rehabilitation fund from the jurisdiction of the Division of Motor Vehicles and placing it
under the jurisdiction of the Secretary of the Department of Health and Human Resources; providing
that a person revoked for refusing to take a secondary chemical test is not eligible to reduce the
revocation period by completing the safety and treatment program; removing requirement that victim
impact panels be implemented pursuant to legislative rules; reducing the minimum period of
revocation for participation in the test and lock program; increasing minimum periods of
participation in the ignition interlock device for aggravating offenses; and denying participation in
the motor vehicle test and lock program for persons whose drivers license is revoked for driving
under the influence of drugs"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Evans:
H. B. 4367 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to requiring a woman, prior to an abortion, to
have a pregnancy test administered at the facility where the abortion is to be performed; providing
that the pregnancy test results must be confirmed prior to the abortion; and providing for the
revocation of the license of a physician for violations"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates DeLong, Caputo, Fragale, M. Poling, D. Poling and Tucker:
H. B. 4368 - "A Bill to amend and reenact §18A-5-1 of the Code of West Virginia, 1931,
as amended; and to further amend said code by adding thereto a new section, designated §18A-5-1c,
all relating to the authority of teachers and school personnel in schools; reducing school violence and
disorderly conduct; student behavior and discipline; alternative learning settings; establishing and
implementing consistent and effective discipline policies; legislative findings; and establishing the
Bill of Rights and Responsibilities for Students and School Personnel"; to the Committee on
Education.
House Calendar
Third Reading
Com. Sub. for H. B. 4053, Protecting computer owners and users from computer spyware;
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. 24),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Marshall and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4053) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for H. B. 4053 - "A Bill to amend and reenact §61-3C-3 and §61-3C-16 of the
Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §61-3C-4a, §61-3C-4b, §61-3C-4c and §61-3C-4d, all relating to protecting
computer owners and users from computer spyware; making it unlawful for persons transmit
computer software for the purpose of modifying settings, collecting personal information by
deceptive means or preventing efforts to protect a computer to access a computer; making it unlawful
to transmit software to control in such a way as to cause damage or opening multiple pop-up
windows; making it unlawful to transmit software for the purpose of modifying setting that protect
personal information; making it unlawful to transmit software for the purpose of blocking efforts to
block or disable computer software; making it unlawful to induce the installation by
misrepresentations or deception; exceptions; and authorizing the attorney general to enforce the
provisions of the Act."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 3122, Relating to the definition of "eligible veteran" for certain state training and
employment preference benefits,
H. B. 4016, Updating meaning of federal adjusted gross income and certain other terms used
in West Virginia Personal Income Tax Act,
H. B. 4017, Updating meaning of federal taxable income and certain other terms used in
West Virginia Corporation Net Income Tax Act,
Com. Sub. for H. B. 4021, Revising mining safety equipment requirements and enhancing penalties for crimes against mining property,
Com. Sub. for H. B. 4028, Authorizing counties and municipalities to enter into contracts
for energy-savings,
And,
H. B. 4125, Relating to faculty senate funds for classroom teachers and librarians.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2711, Providing that fire officers may use adjacent property to prevent fire from
spreading,
Com. Sub. for H. B. 4052, Uniform Maternal Screening Act,
And,
Com. Sub. for H. B. 4099, Allowing certain vehicles designated by the Secretary of the
Department of Military Affairs and Public Safety to use red flashing lights.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Marshall and Schoen.
Miscellaneous Business
Delegate Walters announced that he was absent on yesterday when the votes were taken on
Roll Nos. 20 through 23, and that had he been present, he would have voted "Yea" thereon.
Delegate Mahan announced that she was absent on January 24 through January 30 when the
votes were taken on Roll Nos. 11 through 23, and that had she been present, she would have voted "Yea" thereon.
At 11:54 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 1, 2008.