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Wednesday, February 13, 2008

THIRTY-SIXTH 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 Tuesday, February 12, 2008, 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 presentations by the House.
Committee Reports

Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4235, Funeral Service Examiners, funeral director, embalmer, apprentice courtesy card holders and funeral establishment requirements,
And,
H. B. 4243, Hearing Aid Dealers, rule governing the board of hearing aid dealers,
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. 4235 and H. B. 4243) were each referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4277, Speech-Language Pathology and Audiology, Board of Examiners, licensure of speech-pathology and audiology,
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. 4277) was referred to the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4048, Providing that all employees have the right to review and copy the contents of their personnel file,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4048) was referred to the Committee on Finance.
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. 4157, Allowing insurers who have been suspended from writing new policies to continue to service existing policies,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4157 - "A Bill to amend and reenact §33-3-1 of the Code of West Virginia, 1931, as amended, relating to allowing an insurer to collect premiums and otherwise service certain policies after its license is no longer in effect,"
And,
H. B. 4331, Eliminating the requirement to send surrendered driver's licenses back to the original state of licensure,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4331 - "A Bill to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-7 and §17B-2-8 of the Code of West Virginia, 1931, as amended, all relating to the issuance of driver's licenses; disposition of surrendered licenses; issuance of an identification card to applicants who possess a valid driver's license; providing a reduced criminal penalty for violating the terms and conditions of a level one or level two graduated driver's license; restricting level one and level two drivers to operation of passenger vehicles only; defining exceptions for the use of the address of principal residence; removing an obsolete provision related to the issuance of a driver's license without a photo; providing for the use of a passport in lieu of a birth certificate; requiring an applicant to pay a fee for the third and subsequent attempt at the written examination prior to obtaining an instruction permit; and extending the validity of instruction permits from sixty days to ninety days,"
With the recommendation that the committee substitutes each do pass.
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. 512 - "A Bill to amend and reenact §5A-8-15 of the Code of West Virginia, 1931, as amended, relating to changing the number of members on the Records Management and Preservation Board for county government entities from nine to eleven members to accurately reflect the actual board membership"; which was referred to the Committee on Government Organization.
Resolutions Introduced

Delegates Brown, Anderson, Argento, Ashley, Azinger, Boggs, Burdiss, Campbell, Caputo, Cowles, Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Ellis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hatfield, Higgins, Hrutkay, Hutchins, Ireland, Kessler, Klempa, Long, Longstreth, Mahan, Manchin, Marshall, Michael, Miley, C. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Pethtel, Pino, M. Poling, Proudfoot, Reynolds, Rodighiero, Rowan, Schadler, Schoen, Shaver, Shook, Stalnaker, Stemple, Sumner, Swartzmiller, Tabb, Tansill, Varner, Walters, Wells, Williams and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 46 - "Requesting the Joint Committee on Government and Finance to study toxins contained in children's toys and child care products."
Whereas, Children's toys include all products designed or intended by their manufacturers to be used by children when they play, and child care products include all products designed or intended by their manufacturers to facilitate sleep, relaxation, or feeding, or to assist with children's sucking or teething; and
Whereas, Certain children's toys and child care products are known to contain unsafe levels of toxins, such as lead, mercury, cadmium, arsenic, phthalates, and others, exposure to which can cause various ailments, illnesses, and abnormalities; and
Whereas, Growing awareness of these issues and problems have resulted in product recalls and other measures aimed at protecting children from exposure to unsafe levels of toxins, as well as reducing or eliminating unsafe levels of toxins in children's toys and child care products; and
Whereas, The children of West Virginia represent the promise and hope for our state's future, and thus they should be adequately protected against unhealthy exposure to unsafe levels of toxins contained in products and substances designed or intended for use by children; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study toxins contained in children's toys and child care products; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, two thousand nine, on its findings, conclusions and recommendations together with drafts of legislation 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.
Mr. Speaker, Mr. Thompson, and Delegates Ashley, Brown, DeLong, Duke, Eldridge, Ellis, Hatfield, Klempa, Mahan, Martin, M. Poling, Proudfoot, Rowan, Schadler, Schoen, Shook, Stephens, Sumner, Talbott, Walters and Williams offered the following resolution, which was read by the Clerk:
H. R. 20 - "Designating February 13, 2008, as 'Children's Day'."
Whereas, West Virginia's children are the state's most precious resource; and
Whereas, As parents, neighbors, and communities, it is our fundamental obligation to care for, protect, and nurture our children; and
Whereas, It is our responsibility to assure and provide for the health and well-being, education and training of our children to prepare them for the challenge of adult life; and
Whereas, Our children are the future teachers, workers, and leaders of West Virginia; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby declares this day, February 13, 2008, "Children's Day"; and, be it
Further Resolved, That the House of Delegates recognizes its responsibility to give our children every opportunity to succeed and prosper, and pledge to consider their welfare in the laws that we establish and the work of this Session of the Legislature; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this resolution for representatives of Prevent Child Abuse West Virginia, the West Virginia Healthy Kids and Families Coalition and the West Virginia Child Advocacy Network.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 20) 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 Webster, Long, Mahan, Brown, Hrutkay, Staggers, Varner and Guthrie:
H. B. 4515 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-3-13, relating to reports by health care providers of persons incompetent to drive an automobile"; to the Committee on the Judiciary.
By Delegates Guthrie, Ennis, Mahan, Brown, Higgins, Yost, Caputo and Hatfield:
H. B. 4516
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-6, relating to allowing certain state employees with at least five years of continuous state service to be paid for unused sick leave days in excess of fifty days once per year"; to the Committee on Finance.
By Delegate Brown:
H. B. 4517 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-6-17, relating to the establishment of multidisciplinary investigative teams in adult protective services"; to the Committee on Government Organization then the Judiciary.
By Delegate Brown:
H. B. 4518 - "A Bill to amend and reenact §9-6-1 of the Code of West Virginia, 1931, as amended, relating to altering the definition of criminal neglect"; to the Committee on the Judiciary.
By Delegate Kominar:
H. B. 4519 - "A Bill to amend and reenact §33-6-5a of the Code of West Virginia, 1931, as amended, relating to application requirements for life and accident and sickness insurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Perdue, Hatfield, Caputo, Boggs, Fleischauer, D. Poling, Klempa, Staggers, Martin, Ellem and Hrutkay:

H. B. 4520
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1D-1, §21-1D-2 and §21-1D-3, all relating to requiring employers working on public improvement projects to show at least eighty percent of the employees working on the project are covered by a policy of health insurance project, or at least eighty percent of the hours worked on the project will be by employees who are covered by a policy of health insurance"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Argento, Martin, Eldridge, Miley, Morgan and Hrutkay:
H. B. 4521 - "A Bill to amend and reenact §30-17-4, §30-17-5, §30-17-6, §30-17-8 and §30-17-11 of the Code of West Virginia, 1931, as amended, all relating to the qualifications and reinstatement of sanitarians; a board member whose term has expired may continue to serve until a replacement has been appointed and approved to serve on the board; applicant fee increases; and registrations are not renewed unless continuing education requirements have been met"; to the Committee on Government Organization.
By Delegates Duke, J. Miller, Romine, Ireland, Cowles, Blair and Carmichael:
H. B. 4522 - "A Bill to amend and reenact §18-9A-11 of the Code of West Virginia, 1931, as amended, relating to reforming the school aid formula by reducing from ninety-eight percent by an amount equal to fifty percent of growth in each county's local share as compared to five years' earlier amount of the regular levy deducted from county boards of education for general current expense purposes"; to the Committee on Education then Finance.
By Delegate Rowan:
H. B. 4523 - "A Bill to amend and reenact §18A-4-7a of the Code of West Virginia, 1931, as amended, relating to allowing guidance counselors to compete equally for all guidance counselor positions regardless of whether the position is posted for the elementary grade levels or the secondary grade levels"; to the Committee on Education.
By Delegates Webster, Mahan, Long, Lane, Proudfoot and Brown:
H. B. 4524 - "A Bill to amend and reenact §6B-1-3, §6B-2-1, §6B-2-2a, §6B-2-3a, §6B-2-4, §6B-2-5, §6B-3-3c, and §6B-3-4 of the Code of West Virginia, 1931, as amended; all relating generally to the ethical standards of public officers, employees and lobbyists; defining additional terms; providing compensation for telephonic participation in meetings; creating a procedure for replacing recused members of the Probable Cause Review Board; clarifying when a pending complaint against a candidate for public office is stayed; establishing a time frame for candidates to waive stay provisions; clarifying the procedure for replacing recused members of the Commission hearing a complaint; providing for exclusive appeal of decisions by the Commission imposing sanctions to the circuit court of Kanawha County; permitting personal use of frequent traveler bonus points acquired on official government business; redefining and clarifying what constitutes a limited interest in a public contract; prohibiting public employees or officials from influencing contracts in which they have a financial interest; providing that full-time public officials and full-time public employees may not seek employment with or be employed by a vendor over whose public contract the public official or public employee exercises authority or control; providing a procedure for granting exceptions to the restriction on purchases of personal property from regulated persons and vendors; providing that public officials and employees may not decide matters regarding a vendor with whom the official or employee is seeking employment or has an agreement concerning future employment; providing standards for determining when public officials may or may not vote on matters involving a for profit or not for profit business, including financial institutions, with whom either they or an immediate family member are associated; providing that lobbyists must complete an ethics training course during each two-year registration cycle; clarifying that notice of suspension of a lobbyist's lobbying privileges be sent to the affected lobbyist by certified mail; and making technical corrections"; to the Committee on the Judiciary.
By Delegates Perry, Pino, Staggers, Ellis and Eldridge:
H. B. 4525 - "A Bill to amend and reenact §5B-2F-2 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Division of Energy"; to the Committee on Finance.
By Delegates DeLong and Lane:
H. B. 4526 - "A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, requiring municipalities that impose user fees to impose the fee on all persons who reside within the municipality and allowing for exemptions; and prohibiting municipalities from imposing user fees on certain persons who reside outside the municipality"; to the Committee on the Judiciary.
By Delegates Manchin, Caputo and Longstreth:
H. B. 4527 - "A Bill to amend and reenact §8A-4-1 and §8A-4-2 of the Code of West Virginia, 1931, as amended, all relating to allowing county commissions to regulate subdivisions and land development without adopting a comprehensive plan"; to the Committee on Political Subdivisions then Finance.
Special Calendar

Unfinished Business

Com. Sub. for S. C. R. 20, Urging Congress pass legislation protecting public from toxic imports; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Third Reading

Com. Sub. for H. B. 4329, Allowing a registrant to register a Class G vehicle for a two-year period and providing for alternative methods of payment of fees; 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. 55), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Hamilton, Klempa, Reynolds and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4329) 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. 4348, Adding language to the code for fees for tests and certificates that were already imposed; 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. 56), 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: Klempa and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4348) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4348) 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. 4423, Ensuring that beer kegs are not considered scrap metal unless received directly from a beer manufacturer; 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. 57), 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: Klempa and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4423) 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. 4478, Relating to the authority of certain aides to exercise control over students; 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. 58), 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: Klempa and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4478) 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

S. B. 258, Repealing outdated code provisions relating to Huttonsville Correctional Center; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 262, Repealing outdated code provisions relating to Denmar State Hospital; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 4150, Requiring the purchasing of American-made flags with state funds; 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:
S. B. 257, Repealing outdated penitentiary code provisions,
Com. Sub. for H. B. 4389, Removing requirement that resident violators of traffic laws be required to sign citations,
H. B. 4464, Adding more exemptions to the requirement that a foreign corporation obtain a certificate of authority before conducting affairs in the state,
H. B. 4465, Relating to fees charged by the Secretary of State,
H. B. 4512, Providing classifications of licensees to be licensed by the State Fire Marshal to engage in fire protection work,
And,
H. B. 4513, Relating to the reimbursement of costs for newborn screenings.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Klempa and Webster.
Miscellaneous Business

Delegate Hamilton announced that he was absent when the vote was taken on Roll No. 55, and that had he been present, he would have voted "Yea" thereon.
At 11:55 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 14, 2008.