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Friday, January 26, 2007
SEVENTEENTH DAY
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, January 25, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
On motion for leave, a bill was introduced (Originating in the Committee on Government
Organization and reported with the recommendation that it do pass), which was read by its title, as
follows:
By Delegates Morgan, Martin, Hatfield, D. Poling and Staggers:
H. B. 2698 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-27-17, relating to authorizing the board of barbers and
cosmetologists to increase fees for one year."
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. 2028, Increasing the required bond for certain businesses regulated by the Division of Motor Vehicles to fifty thousand dollars,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2028) were each
referred to the Committee on Finance.
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. 218 - "A Bill making a supplementary appropriation of federal funds out of the
Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand seven, to the Supreme Court of Appeals, fund 8867, fiscal year
2007, organization 2400, to the Secretary of State - State Election Fund, fund 8854, fiscal year 2007,
organization 1600, and to the Department of Transportation - Division of Motor Vehicles, fund
8787, fiscal year 2007, organization 0802, by supplementing and amending the appropriation for the
fiscal year ending the thirtieth day of June, two thousand seven"; which was referred to the
Committee on Finance.
Resolutions Introduced
Delegates Long, Amores, Brown, Morgan, Pino, Tabb, Hamilton and Sobonya offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 11 - "Requesting that the Joint Committee on Government and Finance authorize
the study of the effects of underground injection of coal slurry on human health and the
environment."
Whereas, The underground injection of coal slurry is an accepted method of coal slurry
disposal for which the Department of Environmental Protection issues permits; and
Whereas, The most recent information on the effects of underground injection of coal slurry available to the Legislature indicates the potential for harmful effects; and
Whereas, The effects of the underground injection of coal slurry on the water resources of
West Virginia are largely unknown; and
Whereas, The effects of the underground injection of coal slurry may present serious public
health questions; and
Whereas, The effects of the underground injection of coal slurry may present serious
environmental questions; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effects
of underground injection of coal slurry on the water resources of West Virginia; and, be it
Further Resolved, That the Department of Environmental Protection in conjunction with the
Bureau for Public Health conduct or contract to have conducted a comprehensive study of the effects
of underground injection of coal slurry including the following:
(1) An analysis of the chemical composition of coal slurry, including an inventory of organic
and inorganic compounds;
(2) A hydrogeological study of the migration of coal slurry or its constituent contaminants
from injection wells into the ground waters or surface waters of West Virginia;
(3) A toxicological analysis of the effects of the coal slurry and its constituents on human
health;
(4) An epidemiological study of the effects of coal slurry and its constituents on public health
in communities where it is determined that coal slurry or its constituents have migrated into ground
waters currently or historically used for domestic purposes;
(5) An environmental assessment of the effects on surface water and aquatic ecosystems of
the migration of coal slurry or its constituents into surface waters; and
(6) Any other considerations that the Department of Environmental Protection and the Bureau
for Public Health deem to be important; and, be it
Further Resolved, That the Department of Environmental Protection and the Bureau for
Public Health ensure through multiple sampling dates and locations that the resulting data identify
possible regional variation in the contents of coal slurry; and collect samples of sufficient quantity
to provide testable quantities; and be it
Further Resolved, That the Department of Environmental Protection and the Bureau for
Public Health report to the Joint Committee on Government and Finance their findings, conclusions
and recommendations on or before the thirty-first day of December two thousand seven; and, be it
Further Resolved, That the Department of Environmental Protection and the Bureau for
Public Health prepare and submit a request to the Joint Committee on Government and Finance
setting forth the anticipated time necessary to conduct each phase of the study and, if any funds in
addition to the current amounts appropriated to the Department of Environmental Protection and
Bureau for Public Health may be necessary to carry out the study required herein, a specific proposal
for additional funds; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to receive
reports and to draft necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
Delegates Barker, Eldridge, Ellis, Hrutkay, Martin and Rodighiero offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 12 -- "Naming the bridge on Route 3 at Toney's Branch Road in Boone County the
'Narvel Perdue Bridge'."
Whereas, Narvel Perdue served with distinction as an infrantyman in the United States
Army after enlisting in November 1942; and
Whereas, Mr. Perdue fought in several theaters of war including campaigns in New Guinea,
the Leyte Gulf and the Luzon Islands; and
Whereas, Mr. Purdue's gallantry on the field of battle on behalf of this country was
recognized almost sixty years to the day after his discharge - when - at such time he was awarded three Bronze Stars, a Good Conduct Medal, a WWII Victory Medal, an Asiatic-Pacific Campaign
Medal, a Phillipine Liberation Ribbon and badges for Combat Infantry and Sharp Shooting;
therefore, be it
Resolved by the Legislature of West Virginia:
That the bridge on Route 3 at Toney's Branch Road in Boone County shall be named the
"Narvel Perdue Bridge"; and, be it
Further Resolved, That the Division of Highways shall cause signs to be manufactured which
display prominently the words "The Narvel Perdue Bridge" to be placed at each entryway of said
bridge; and, be it
Further Resolved, That a certified copy of this Resolution shall be mailed by the Clerk of the
House of Delegates to Narvel Perdue at his place of residence in Boone County, West Virginia.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Overington, Sumner, Sobonya, Armstead, Walters, Lane, Blair and J.
Miller:
H. J. R. 16 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article ten thereof by adding thereto a new section, designated section five-a, relating to
taxes and fees; providing that bills imposing a tax or license fee and bills increasing the effective rate
of any tax levied or fee imposed may not be enacted unless two thirds of the members of each house,
present and voting, vote in the affirmative for passage; numbering and designating the proposed
amendment; and providing a summarized statement of the purpose of the proposed amendment"; to
the Committee on Constitutional Revision then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates DeLong, Miley, Stephens, Marshall, Caputo, Rodighiero, Boggs and Fleischauer:
H. B. 2550 - "A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as
amended; relating to West Virginia state receiving on-call and off-duty pay; providing that state
police be paid minimum wage for every hour on-call; and guaranteeing a minimum of two hours pay
to state police when called to duty during off hours"; to the Committee on the Judiciary then Finance.
By Delegates Long, Amores, Brown, Browning, Morgan, Pino, Tabb, Hamilton and
Sobonya:
H. B. 2551 - "A Bill to amend and reenact §22-17-22 of the code of West Virginia, 1931,
as amended, relating to the underground storage tank insurance fund; providing for expiration of the
fund and disposal of its assets; directing the department of environmental protection to assist certain
policy holders reclaim sites insured by the fund; providing that the department of environmental
protection is not liable for claims against the fund nor may be bound to policy terms; providing
legislative findings; directing the secretary of the department of environmental protection develop
a plan to cause remediation of these sites; authorizing the secretary of the department of
environmental protection to place conditions on remediation recipients; establishing criteria and
preconditions for remediations; allowing persons who have undertaken remediation or expended
funds to undertake remediation of sites to be reimbursed expenses; and allowing the secretary to
establish conditions for reimbursement for prior or future remediations of insured sites"; to the
Committee on the Judiciary.
By Delegates Spencer, Craig, Stemple, Browning, Stephens, Duke and Canterbury:
H. B. 2552 - "A Bill to amend and reenact §15-2-25a, §15-2-25b, §15-2-26, §15-2-27, §15-
2-27a, §15-2-28, §15-2-29, §15-2-30, §15-2-31, §15-2-31a, §15-2-31b, §15-2-32, §15-2-33, §15-2-
34, §15-2-35, §15-2-37, §15-2-38, §15-2-39 and §15-2-44 of the Code of West Virginia, 1931, as
amended, all relating to the West Virginia State Police Death, Disability and Retirement Fund;
meaning of terms; definitions; continuation of death, disability and retirement fund; designating the
Consolidated Public Retirement Board as administrator of fund; retirement; awards and benefits; leased employees; retirement annual annuity adjustments; credit toward retirement for member's
prior military service; credit toward retirement when employee has joined Armed Forces in time of
armed conflict; qualified military service; awards and benefits for disability incurred in performance
of duty; awards and benefits for disability due to other causes; disability physical examinations;
termination; application for disability benefit; determinations; annual report on disability retirement
experience; retirant not to exercise police authority; retention of group insurance; awards and
benefits to dependents of member when the member dies in performance of duty; to dependents of
a duty disability retirant; dependent child scholarship and amount; awards and benefits to dependents
of employee when the employee dies from nonservice-connected causes; awards and benefits to
dependents of retirant or after employee serves twenty years; refunds to certain employees upon
discharge or resignation; deferred retirement; refunds to dependents upon death of member not
eligible for benefits; dependent child or children; and federal law maximum benefit limitations"; to
the Committee on Pensions and Retirement then Finance.
By Delegates Pethtel, Swartzmiller, Ennis, Varner, Tucker, Romine and Evans:
H. B. 2553 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Division of Motor Vehicles to create and issue a 'Patriot
Guard Riders' license plate"; to the Committee on Roads and Transportation then Finance.
By Delegates Michael, Williams, Stemple, Tabb, Anderson and Evans:
H. B. 2554 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6,
§19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and
§19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code;
and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive
cervid farming as an agricultural enterprise in this state; powers and duties of the Department of
Agriculture; promulgation of rules; duties and obligation of the commissioner; application process;
issuance, renewal, modification and transfer of a license certificate; inspection of facilities; transition of current facilities; noncompliance with article and providing for certain criminal penalties and
remedies"; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates DeLong, Mahan, Pino, Azinger and Schadler:
H. B. 2555 - "A Bill to amend the Code of West Virginia,1931, as amended, by adding
thereto a new article, designated §29A-8-1, §29A-8-2, §29A-8-3, §29A-8-4, §29A-8-5, §29A-8-6,
§29A-8-7, §29A-8-8, §29A-8-9, §29A-8-10 and §29A-8-11, all relating to the creation of an office
of administrative hearings in the executive branch of state government; specifying applicability and
exceptions; defining terms; specifying the qualifications of chief administrative law judge;
nominating persons for chief administrative law judge; filling vacancies; establishing an
administrative law commission; making appointments to the administrative law commission;
specifying terms of the commissioners; filling vacancies on the commission; compensating
commissioners; requiring the cooperation of state agencies with the commission; providing for the
confidentiality of information and records furnished to the commission; submitting list of names of
persons qualified for chief judge to the Governor; requiring the advice and consent of the Senate for
the appointment of chief judge; requiring the commission to assist the chief judge in carrying out his
or her duties; providing for a system of compensation for adjudicators to be established by the chief
judge and the administrative law commission; providing that promotions be based on ability and
performance; providing that all adjudicators be part of the classified service; providing for discipline
of adjudicators; establishing a complaint resolution board; transferring adjudicatory functions of
personnel, equipment and funds of affected state agencies to the office of administrative hearings;
providing that all orders, determinations, rules, regulations, certificates, licenses and privileges in
effect prior to this article becoming effective shall remain in effect; establishing an evaluation system
for adjudicators; establishing qualifications for adjudicators and providing exceptions; establishing
the power and duties of the chief administrative law judge; setting forth the nature and type of
proceedings over which adjudicators may preside; providing for the use of contract adjudicators;
establishing the powers of adjudicators relating to conducting hearings; providing that decisions of adjudicators are final; providing for the continued policymaking authority of agencies; providing for
remand of cases which require creation of policy rather than application of policy; providing for
appeal of decisions to circuit court; providing that this article is inapplicable to adjudications
commenced prior to the effective date of the article; and providing for the repeal of acts or parts of
acts which are inconsistent with this article"; to the Committee on Government Organization then
the Judiciary.
By Delegate Doyle:
H. B. 2556 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18B-19-1, §18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5,
§18B-19-6, §18B-19-7, §18B-19-8, §18B-19-9, §18B-19-10 and §18B-19-11, all relating to creating
the institute for increased postsecondary education; definitions; legislative findings and purpose;
creating management board; general powers; report required; compensation of board members;
liberal construction of article; and termination date"; to the Committee on Education then Finance.
By Delegates Overington, Ellem, Azinger, Sobonya, Blair, Tansill, Schoen, Andes and
J. Miller:
H. B. 2557 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-23, relating to personal income tax; and authorizing a
two-tiered tax credit for parents or legal guardians who provide their children with either home or
private schooling"; to the Committee on Education then Finance.
By Delegates Campbell, Eldridge, Longstreth, Marshall, Paxton, M. Poling, Stephens,
Sumner and Tabb:
H. B. 2558 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-6-9, relating to donation and transfer of surplus personal
computers and other information systems, technology and equipment for educational purposes;
making legislative findings; providing process for state spending unit notice to chief technology
officer when disposing of certain commodities; examination and identification of usable commodities to agency for surplus property and school systems; reservation of identified
commodities by agency for surplus property for donation and transfer to county boards; distribution
method established by department; authority to charge and assess fees; authorizing county boards
to donate computer hardware and software being replaced to students; state board guidelines;
obligation for serviceability"; to the Committee on Education then Finance.
By Delegates Campbell, Canterbury, Williams and Stalnaker:
H. B. 2559 - "A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931,
as amended, relating to increasing the homestead exemption for low-income taxpayers who qualify
for the homestead exemption for ad valorem property taxation purposes by ten thousand dollars";
to the Committee on the Judiciary then Finance.
By Delegate Doyle:
H. B. 2560 - "A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as
amended, relating to including fortified beer within the definition of nonintoxicating beer; and
defining fortified beer"; to the Committee on the Judiciary then Finance.
By Delegate Campbell:
H. B. 2561 - "A Bill to amend and reenact §11-13A-2 and §11-13A-3 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§11-27-38, all relating to eliminating the severance tax and the health care provider tax on behavior
health providers"; to the Committee on Finance.
By Delegates Hatfield, Martin and Caputo:
H. B. 2562 - "A Bill to amend and reenact §16-5C-2 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto two new sections, designated §16-5C-5a and
§16-5C-5b, all relating to nursing homes; defining certain terms; requiring the posting of staffing
data; and providing for the right of family members to form family councils at nursing homes"; to
the Committee on Health and Human Resources then Government Organization.
By Delegates Moye, Hrutkay, Rodighiero, Caputo, M. Poling, Stephens, Kessler and Schadler:
H. B. 2563 - "A Bill to amend and reenact §18-4-8a 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 Williams, Ennis, Stemple and Varner:
H. B. 2564 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §61-2A-1, §61-2A-2 and §61-2A-3, all relating to the castle
doctrine generally; creating a presumption of reasonable fear of imminent peril of death or great
bodily harm when using defensive force that is intended or likely to cause death or great bodily harm
to another and granting immunity from criminal prosecution and civil action"; to the Committee on
the Judiciary.
By Delegates Barker, Webster, Morgan, Stemple, Mahan, Proudfoot, Ellem and
Hamilton:
H. B. 2565 - "A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §60A-4-403b, all
relating to delivery of controlled substances on or in an educational facility or school; and criminal
penalty"; to the Committee on Education then the Judiciary.
By Delegates Perry, Staggers, Pino, Eldridge, Marshall, Martin and Stalnaker:
H. B. 2566 - "A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as
amended, relating to increasing from fifteen thousand dollars to twenty thousand dollars the limit
on post retirement employment"; to the Committee on Pensions and Retirement then Finance.
By Delegates Schadler, Evans, Hamilton, Rowan and Azinger::
H. B. 2567 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §3-8-5G, relating to allowing a political candidate to place
temporary campaign signs within highway rights-of-way in a candidate's political district"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates Moore, Hatfield, Wysong, Amores, Reynolds, Fleischauer, Webster, Lane,
Hutchins, Schoen and Marshall:
H. B. 2568 - "A Bill to amend and reenact §17G-2-3 of the Code of West Virginia, 1931,
as amended, relating to extending the sunset provision regarding racial profiling analysis by two
years"; to the Committee on Government Organization then the Judiciary.
By Delegates Ellem, Sobonya, Lane, Webster and Ashley:
H. B. 2569 - "A Bill to amend and reenact §62-12-26 of the Code of West Virginia, 1931,
as amended, relating to providing that certain conditions are imposed on persons who are convicted
of failing to register as sex offenders"; to the Committee on the Judiciary.
By Delegates Rodighiero, Eldridge, Ellis, Barker, Staggers and Caputo:
H. B. 2570 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-2-5h, relating to requiring the director of the Division of
Natural Resources to ensure that stocking trout are evenly distributed throughout the state"; to the
Committee on Agriculture and Natural Resources then Government Organization.
By Delegates Morgan, Craig, Stephens, Reynolds, Sobonya and C. Miller:
H. B. 2571 - "A Bill to amend and reenact §11A-2-18 and §11A-3-2 of the Code of West
Virginia, 1931, as amended, all relating to clarifying the deadline for redeeming delinquent lands";
to the Committee on the Judiciary.
By Delegates Rodighiero, Eldridge, Ellis, Hrutkay, Fleischauer, Shook, Moore, Barker,
Staggers, D. Poling and Caputo:
H. B. 2572 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as
amended, relating to prohibiting the establishment of methadone treatment programs and clinics in
this state except for programs and clinics operated by comprehensive community mental health
centers"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Varner, Stemple, Hartman, Browning, Mahan, Shaver, Kominar,
Stalnaker, Moye and Cann:
H. B. 2573 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended, relating to providing for exceptions for air, land and water travel with unloaded weapons
with regard to prohibitions against carrying unlicensed concealed deadly weapons"; to the
Committee on the Judiciary.
By Delegates Ennis, Talbott and Blair:
H. B. 2574 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-30-14, relating to continuation of the Board of Social Work
Examiners"; to the Committee on Government Organization.
By Delegates Hrutkay, Stephens, Burdiss, Shook, Pethtel, Ellem, Pino, Proudfoot,
Schadler and Webster:
H. B. 2575 - "A Bill to amend and reenact §17E-1-3, §17E-1-6, §17E-1-7, §17E-1-8, §17E-
1-13, §17E-1-20 and §17E-1-25 of the Code of West Virginia, 1931, as amended, all relating to
commercial driver's licences; updating the definition of hazardous materials; reducing the penalty
for driving a commercial motor vehicle without a commercial driver's license in possession;
reducing the penalty for driving a commercial motor vehicle without a commercial driver's license
or proper endorsement; updating provisions pertaining to commercial driver's licenses to conform
with federal law; suspending, revoking or canceling the privilege of operating a motor vehicle for
offenses in another state; and providing a civil penalty for persons convicted of violating an out-of-
service order"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Romine, Burdiss, Shook, Pethtel, Ellem, Pino, Proudfoot, Schadler and
Webster:
H. B. 2576 - "A Bill to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-6, §17B-2-7 and
§17B-2-8 of the Code of West Virginia, 1931, as amended, all related to the issuance of driver's
licenses and disposition of surrendered driver's licenses; removing obsolete provision related to
issuance of a driver's license without a photo; providing for the use of a passport in lieu of a birth
certificate; and requiring an applicant to pay a fee for each attempt at the written examination prior to obtaining an instruction permit"; to the Committee on Roads and Transportation then the
Judiciary.
By Delegates Hrutkay, Stephens, Burdiss, Shook, Pethtel, Ellem, Pino, Proudfoot,
Schadler and Webster:
H. B. 2577 - "A Bill to amend and reenact §17A-3-7 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §17A-9-5 and §17A-9-7 of said code, all relating to motor
carriers whose authority to operate in interstate commerce has been denied or suspended by the
Federal Motor Carrier Safety Administration; providing an additional ground for refusing to register
or issue certificate of title; suspension or revocation of a registration of a motor carrier upon a
suspension by Federal Motor Carrier Safety Administration; and providing a penalty for refusing to
surrender evidence of registration"; to the Committee on Roads and Transportation then the
Judiciary.
By Delegates Kominar, Craig, Hrutkay, Mahan, Palumbo, Webster, White, Armstead
and Ellem:
H. B. 2578 - "A Bill to amend and reenact §33-16-3a of the Code of West Virginia, 1931,
as amended, relating to extending mental health benefit packages; removing the sunset provision for
mandated insurance parity; and removing insurance commissioner reporting requirement"; to the
Committee on Banking and Insurance then the Judiciary.
By Delegate Fleischauer:
H. B. 2579 - "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931,
as amended, relating to making the offense of failure to wear safety belts a primary offense"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegate Campbell:
H. B. 2580 - "A Bill to amend and reenact §8-22-20a of the Code of West Virginia, 1931,
as amended, relating to municipal policemen and firemen pension and relief funds; and providing
that where the state actuary has examined a Municipal Pension and Relief Fund for a particular year that fund may opt to use that actuarial valuation in place of any other actuarial valuation mandated
by state law"; to the Committee on Pensions and Retirement then Finance.
By Delegate Walters:
H. B. 2581 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2K-1 and §16-2K-2, all relating to abortions generally and
requiring notice of an abortion to be provided to the father of the unborn child"; to the Committee
on Health and Human Resources then the Judiciary.
By Delegates Campbell, Williams, Beach, Eldridge, M. Poling, Tabb, Tansill, Sumner
and Duke:
H. B. 2582 - "A Bill to amend and reenact §18-9A-7 of the Code of West Virginia, 1931,
as amended, relating to adjusting foundation allowance for transportation for projected fuel costs;
providing method for adjustments; simplifying language; clarifying conflicting provisions; and
removing obsolete provisions"; to the Committee on Education then Finance.
By Delegates Hatfield, Perdue, Boggs, Brown and Border:
H. B. 2583 - "A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as
amended, relating to the expansion of newborn testing to include sickle cell anemia, congenital
adrenal hyperplasia, cystic fibrosis, biotinidase deficiency, isovaleric acidemia, glutaric acidemia
type I, 3-Hydroxy-3-methylglutaric aciduria, multiple carboxylase deficiency, methylmalonic
acidemia-mutase deficiencvy form, 3-methylcrotonyl-CoA carboxylase deficiency, methylmalonic
acidemia, Cbl A and Cbl B forms, propionic acidemia, beta-ketothiolase deficiency, medium-chain
acyl-CoA dehydrogenase deficiency, very long-chain acyl-CoA dehydronenase deficiency, long-
chain acyl-CoA dehydronenase deficiency, trifunctional protein deficiency, carnitine uptake defeat,
maple syrup urine disease, homocystinuria, citrullinemia type I, argininosuccinate acidemia,
tyrosinemia type I, hemoglobin S/Beta-thalassemia, sickle C disease and hearing deficiency"; to the
Committee on Health and Human Resources then Finance.
By Delegates Shaver, Beach and Williams:
H. B. 2584 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931,
as amended, relating to the consumers' sales and service tax generally; and dedicating a portion of
the receipts to the Commissioner of Highways to be distributed equally to each district of the
Division of Highways for the maintenance of secondary roads"; to the Committee on Finance.
By Delegates M. Poling and Paxton (By Request):
H. B. 2585 - "A Bill to amend and reenact §18A-3-3 of the Code of West Virginia, 1931,
as amended, relating to the renewal of teaching certificates and permanent certification; crediting
approved professional development toward certificate renewal; providing certification through
National Board for Professional Teaching Standards as an additional option for attaining permanent
certification; and making technical improvements"; to the Committee on Education.
By Delegates Ennis, Talbott and Blair:
H. B. 2586 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-10-20, relating to continuation of the Board of Veterinary
Medicine"; to the Committee on Government Organization.
By Delegates Ennis, Talbott and Blair:
H. B. 2587 - "A Bill to amend and reenact §30-8-11 of the Code of West Virginia, 1931, as
amended, relating to continuation of the Board of Optometry"; to the Committee on Government
Organization.
By Delegates M. Poling and Paxton:
H. B. 2588 - "A Bill to amend and reenact §18A-3-3a of the Code of West Virginia, 1931,
as amended, relating to the reimbursement of tuition, registration and other required fees for
coursework completed by teachers for certification renewal and an additional endorsement in a
shortage area; creating priority for reimbursement of courses for renewals and endorsement in
shortage areas if insufficient funds appropriated; and limiting semester hours of courses reimbursed
for any teacher"; to the Committee on Education then Finance.
House Calendar
Third Reading
Com. Sub. for H. B. 2120, Prescribing minimum standards for municipal judges; 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. 13),
and there were--yeas 89, nays none, absent and not voting 10, with the absent and not voting being
as follows:
Absent and Not Voting: Cann, Ennis, Michael, Miley, Stemple, Swartzmiller, Tabb,
Talbott, Williams and Wysong.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2120) 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
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. 2332, Clarifying that magistrate courts have concurrent jurisdiction with circuit courts
with laws prohibiting the use of tobacco by minors,
And,
H. B. 2526, Allowing acupuncturists to form limited liability companies.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Cann, Ennis, Michael, Miley, Stemple, Swartzmiller, Tabb, Talbott,
Williams and Wysong.
At 11:15 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, January 29,
2007.