_________*__________
Tuesday, February 6, 2007
TWENTY-EIGHTH 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 Monday, February 5, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for presentations by the House.
Committee Reports
Chairman Swartzmiller, from the Committee on Veterans Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 2525, Extending the termination of the West Virginia statewide addressing and mapping board,
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. 2525) was referred to
the Committee on Government Organization.
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
Com. Sub. for S. B. 69 - "A Bill to amend and reenact §30-5-1b, §30-5-12, §30-5-12b and
§30-5-16b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto
a new section, designated §30-5-12c; to amend and reenact §30-7-15c of said code; and to amend
and reenact §60A-3-308 of said code, all relating generally to the authorization of electronic
prescribing"; which was referred to the Committee on Health and Human Resources then the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 96 - "A Bill to amend and reenact §17C-15-26 of the Code of West
Virginia, 1931, as amended, relating to authorizing fire department-owned apparatus to use yellow
or amber flashing lights for safety"; which was referred to the Committee on Roads and
Transportation 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. 134 - "A Bill to amend and reenact §18-7A-13a, §18-7A-14, §18-7A-23 and §18-7A-24
of the Code of West Virginia, 1931, as amended, all relating to the State Teachers Retirement
System; requiring employers to provide information for contributions to the State Teachers
Retirement System; and clarifying terms in the State Teachers Retirement System"; which was
referred to the Committee on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 166 - "A Bill to repeal §5-10-43 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §5-10-26, §5-10-44 and §5-10-54 of said code, all relating to the Public
Employees Retirement System; removing the requirement that a former disability retirant no longer
disabled must be returned to the employ of his or her former participating public employer;
permitting administrative hearing before disability retirement termination; requiring reemployment
lists; providing for preference in hiring; clarifying procedures for reapplication by disability retirants
whose benefits were terminated for economic causes; clarifying substantial gainful activity;
clarifying right to reapply for regular retirement benefits after termination of disability benefits;
clarifying interest; requiring termination of benefits gained by false representation or false records;
requiring action to recover benefits gained by false representation or false records; and authorizing
rules"; which was referred to the Committee on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 169 - "A Bill to amend and reenact §17A-4-10 of the Code of West Virginia, 1931, as
amended, relating to salvage certificates for certain wrecked vehicles; allowing vehicle owners to
retain certain vehicles declared totaled; requiring the surrender of title and registration certificate;
eliminating the special revenue account; increasing criminal penalties; and clarifying certain
definitions"; which was referred to the Committee on Roads and Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 192 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §62-8-8, relating to authorizing the Commissioner of
the Division of Corrections to issue orders of arrest for certain inmates who are no longer in the
physical custody of the commissioner; allowing division personnel to obtain criminal complaints and
warrants for escapees and absconders; and entering data into all criminal reporting databases and
other computerized systems for the reporting and apprehension of criminals and fugitives"; which
was referred to the Committee on Veterans Affairs and Homeland Security 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. 208 - "A Bill to amend and reenact §51-9-9 of the Code of West Virginia, 1931, as amended, relating to requiring certified copies of eligibility for judicial retirement be provided to the
Supreme Court of Appeals and the Consolidated Public Retirement Board; and making stylistic
changes throughout"; 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. 354 - "A Bill to amend and reenact §16-5R-7 of the Code of West Virginia, 1931, as
amended, relating to penalties for failure to properly report pursuant to the reporting requirements
of the Alzheimer's Disease Registry"; 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. 412 - "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as
amended, relating to providing penalties for violation of prohibited use of a handheld wireless
communication device while driving by a minor holding a level one instruction permit or a level two
intermediate driver's license"; which was referred to the Committee on Roads and Transportation
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. 413 - "A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended, relating to clarifying procedures for hearing before magistrates involving the seizure of
abandoned, neglected or cruelly treated animals"; which was referred to the Committee on
Agriculture and Natural Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 416 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §60A-4-412, relating to creating misdemeanor offenses for adulterating
or defeating or attempting to adulterate or defeat bodily fluid test results and drug and alcohol tests;
creating adulteration offenses; defining terms; and penalties for first, second and subsequent
offenses"; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegates Morgan, Craig, Stephens, Sobonya, Reynolds and C. Miller offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 21 - " Designating the Mighty Wurlitzer Theater Pipe Organ, located in Huntington,
West Virginia, as the official theater pipe organ of West Virginia."
Whereas, The Bluefield, WV, Granada Theater Wurlitzer theater pipe organ, now installed
in the Keith Albee Theater in Huntington, WV, is the sole remaining theater pipe organ originally
installed in a theater in the State of West Virginia; and
Whereas, The original Keith Albee Wurlitzer theater organ has been sold to a private
individual and cannot be returned in its original state; and
Whereas, The theater organ is a uniquely American musical invention, designed and constructed to provide sound accompaniment in the silent era of motion pictures; and
Whereas, Between 1910 and the 1930s, there were nearly 7,000 theater organs across the
United States performing each day for motion pictures; and
Whereas, Soon after sound came to motion pictures, the theater organs were abandoned,
discarded, given away, or left to languish dormant in their theaters, leaving at the present time
approximately 125 theater organs in public venues nationally; and
Whereas, In 2001, the Huntington Theater Organ Project, Inc, a not-for-profit, tax-exempt
West Virginia Corporation consisting of private citizens was established to renovate and install the
Bluefield Granada Theater Wurlitzer in the Keith Albee Theater in Huntington, WV; and
Whereas, The Huntington Theater Organ Project, Inc., has obtained parts of the Moller
theater organ originally installed in the Smoot Theater, Parkersburg, WV which will be added to the
theater organ installed in the Keith Albee Theater; and
Whereas, The glorious, majestic sounds of the most powerful musical instrument ever
produced will once again thrill West Virginians in such events as mini-musical concerts between
movies, Marshall University Artists Series, an annual concert series, and educational curriculum
programs with area schools and universities; and
Whereas, The theater organ installed in the Keith Albee Theater is the only remaining
theater organ built for a theater in the Great State of West Virginia and the glorious, majestic sounds
of the most powerful musical instrument ever produced will once again thrill West Virginians in
such events as mini-concerts between films, an annual concert series, and educational curriculum
programs with area schools and universities;
Be it resolved by the Legislature of West Virginia:
That the Mighty Wurlitzer Theater Pipe Organ located in Huntington is hereby designated
the official theater pipe organ of the State of West Virginia.
Delegates Hatfield, Palumbo, Guthrie, Wells, Spencer, Amores, Lane, Brown, Armstead,
Webster and Walters offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 22 - "Designating the River City Youth Ballet Ensemble as the Official West
Virginia State Youth Ballet."
Whereas, The River City Youth Ballet Ensemble was founded in 1995 to give talented
young ballet dancers the opportunity to learn and grow in the performing arts; and
Whereas, The River City Youth Ballet Ensemble provides young students with a sound,
quality dance education that gives them a forum to share their talents with the community, the State
of West Virginia and the United States; and
Whereas, The primary goal of The River City Youth Ballet school is to educate young
students in the art of dance; and
Whereas, Young students of all skill levels are welcome, because The River City Youth
Ballet Ensemble provides dance training to children, which is vital to their development physically
and mentally; and
Whereas, No other youth ballet has been adopted as the state's official youth ballet;
therefore, be it
Resolved by the Legislature of West Virginia:
That The River city Youth Ballet Ensemble is hereby designated the official Youth Ballet of
the State of West Virginia.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Tabb, Wysong and Doyle:
H. J. R. 17 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article X thereof, relating to changing the basis for determining the
homestead exemption; 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.
Petitions
Delegates Hrutkay and Perry presented a petition on behalf of their constituents, in support
of a silent prayer in schools and designating Good Friday as a state holiday; which was referred to
the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates J. Miller, Perdue, Tansill, Romine, Stephens, Martin, Duke, Stalnaker,
Schadler, Wysong and DeLong:
H. B. 2849 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17B-1E-1, §17B-1E-2, §17B-1E-3, §17B-1E-4 and §17B-1E-5,all
relating to operating a motor vehicle; licensing; preapplication visual acuity testing; and authorizing
use of bioptic telescopic devices and issuance of low vision driving license"; to the Committee on
Roads and Transportation then Finance.
By Delegates Paxton, Caputo and Perry:
H. B. 2850 - "A Bill to amend and reenact §18A-1-1 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §18A-2-9a, all
relating to setting standards for assignment of high school athletic directors"; to the Committee on
Education then Finance.
By Delegates Fleischauer, Amores, Doyle, Brown, Guthrie, Palumbo, Wells and
Webster:
H. B. 2851 - "A Bill to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as
amended, relating to prohibiting crimes against a person or his or her property because of a bias
against that person; including disability and sexual orientation to list of persons protected pursuant
to this section; includes actual or perceived in describing persons protected; altering elements of
criminal acts; removing provisions relating to conspiracy; and providing that free speech and
expression of religious beliefs are not subject to the provisions of this section"; to the Committee
on the Judiciary.
By Delegates Craig, Morgan, Stephens and Reynolds:
H. B. 2852 - "A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as
amended, relating to abolishing the presenting of a firearm or other deadly weapon as an element of
robbery in the first degree"; to the Committee on the Judiciary.
By Delegates Fleischauer, Shook, Beach and Marshall:
H. B. 2853 - "A Bill to amend and reenact §20-3-6 of the Code of West Virginia, 1931, as
amended, relating to building fires on public roads"; to the Committee on the Judiciary.
By Delegates Sumner and Kessler:
H. B. 2854 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as
amended, relating to the Public Service Commission; providing for removal and election of
commissioners; and setting terms of office for elected commissioners"; to the Committee on the
Judiciary.
By Delegates Sumner, Kessler, C. Miller, Sobonya and Moye:
H. B. 2855 - "A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931,
as amended, relating to exempting all gallons of gasoline and propane gas for any church, religious
sect, society or denomination or for the use or benefit of any church, religious sect, society or
denomination as consumption use from the excise tax on gasoline or special fuel"; to the Committee
on Finance.
By Delegates Campbell and Canterbury:
H. B. 2856 - "A Bill to amend and reenact §16-13A-4 of the Code of West Virginia, 1931,
as amended, relating to payments to public service district board members; increasing the salary of
public service district board members; clarifying when salary and expense payments may be made;
and adding sewer service to the salary schedule for public service districts which contract with others
to provide service"; to the Committee on Political Subdivisions then Finance.
By Delegates Overington, Lane, Sobonya, Sumner, Duke, Carmichael and Blair:
H. B. 2857 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §1-2-2a, relating to requiring that the redistricting office of the
Joint Committee on Government and Finance plan and propose congressional and legislative
districts; providing specific criteria that the redistricting office must observe in proposing district
mappings; requiring the redistricting office to advertise a proposed draft map of districts to the public; requiring the redistricting office to recommend redistricting plan to the Legislature; requiring
the full Legislature to vote on plan ratification; providing for subsequent submissions of plans and
vote by Legislature; requiring that commission certify to the Secretary of State that its final proposal
for district boundaries is in accordance with constitutional and legal requirements; and prohibiting
certain persons from influencing or attempting to influence district mapping proposals of the
redistricting office"; to the Committee on the Judiciary.
By Delegates Sumner and Barker:
H. B. 2858 - "A Bill to amend and reenact §48-10-502 of the Code of West Virginia, 1931,
as amended, relating to factors to be considered in granting grandparent visitation"; to the Committee
on the Judiciary.
By Delegates M. Poling (By Request), Fragale and Crosier:
H. B. 2859 - "A Bill to repeal §18-2E-8a of the Code of West Virginia, 1931, as amended;
and to amend and reenact §18-2-6 of said code; and to amend and reenact §18-2E-8 of said code, all
relating to the award of value-added credentials in addition to the high school diploma; repealing
code section voiding electronic portfolio and removing provisions providing for electronic portfolio;
removing provisions for and requirements for granting certificates of proficiency; providing for
college readiness and work readiness credentials; providing for state board to establish requirements;
redesignating Jobs Through Education Employer Panel; and removing obsolete provisions"; to the
Committee on Education then the Judiciary.
By Delegates Fleischauer, Amores, Doyle, Webster, Brown, Palumbo, Guthrie and
Wells:
H. B. 2860 - "A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3,
§5-11A-5, §5-11A-6 and §5-11A-7 of said Code, all relating to declaration of policy; definitions;
Human Rights Commission continued; commission powers; unlawful discriminatory practices;
exclusiveness of remedy; certain records exempt; the fair housing act; and prohibiting discrimination
based upon sexual orientation in residential real-estate-related transactions"; to the Committee on
the Judiciary.
By Delegates Doyle, Tabb and Wysong:
H. B. 2861 - "A Bill to amend and reenact §23-2-1 and §23-2-1a of the Code of West
Virginia, 1931, as amended; and to amend and reenact §29-22A-10 of said code, all relating to
providing workers' compensation coverage for certain employees who perform duties attendant to
racing activities"; to the Committee on Industry and Labor, Economic Development and Small
Business then the Judiciary.
By Delegates Ennis, Martin, Swartzmiller, Schoen, Talbott and Walters:
H. B. 2862 - "A Bill to repeal §18-29-10 and §18-29-11 of the Code of West Virginia, 1931,
as amended; to repeal §29-6A-5, §29-6A-6, §29-6A-10, §29-6A-11 and §29-6A-12 of said code; to
amend and reenact §18-29-1, §18-29-2, §18-29-3, §18-29-4, §18-29-5, §18-29-6, §18-29-7, §18-29-8
and §18-29-9 of said code; to amend and reenact §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4,
§29-6A-7, §29-6A-8 and §29-6A-9 of said code; and to amend said code by adding thereto a new
article, designated §29-6B-1, §29-6B-2, §29-6B-3, §29-6B-4, §29-6B-5 and §29-6B-6, all relating
to repealing the education and state employees grievance board; creating the West Virginia
Employees Grievance Board with five members appointed by the Governor; giving the board new
powers, duties, rule-making authority and data collection duties; eliminating and creating new levels in the grievance process for both education and state employees; increasing time frames in grievance
process; making the grievance process more fair, efficient and cost-effective; clarifying that higher
education employees are part of the state grievance process; clarifying definitions; disallowing
supervisors that evaluate from being representatives; removing hearing examiners from the grievance
process; clarifying and reorganizing general provisions; increasing time frames in grievance process;
defining default provisions; adding laches to state process; clarifying the procedures for conferences
and hearings"; to the Committee on Government Organization then the Judiciary.
By Delegates Swartzmiller, Pethtel, Michael, Ennis, Varner, Iaquinta and Stemple:
H. B. 2863 - "A Bill to amend and reenact §7-4D-2, §7-4D-9 and §7-4D-11 of the Code of
West Virginia, 1931, as amended, all relating to clarifying the definition of annuity starting date;
clarifying retirement; commencement of benefits; and clarifying retirement benefits for Deputy
Sheriff Retirement System"; to the Committee on Finance.
By Delegates Webster, Amores, Moore, Caputo, Fragale, M. Poling, DeLong, Hamilton,
Brown, Perdue Fleischauer:
H. B. 2864 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §37-6A-1, §37-6A-2, §37-6A-3, §37-6A-4, §37-6A-5, and §37-6A-
6, relating to residential rental security deposits; relevant definitions; security deposits; maintenance
of records; prohibited provisions in rental agreements; remedies upon landlord's non-compliance;
application of article; security deposits prior to effective date of article"; to the Committee on the
Judiciary.
By Delegates Craig, Perry, Romine, Browning, Fragale, Spencer, Paxton, Caputo,
Shaver, Hrutkay and M. Poling:
H. B. 2865 - "A Bill to repeal §18-7C-8 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §18-7C-6 of said code, relating to providing a one-time option to certain
members of the Defined Contribution Retirement System to opt into the State Teachers' Retirement
System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Perdue, Hatfield, Boggs, Stalnaker, Campbell, Fleischauer, Armstead and
Border:
H. B. 2866 - "A Bill to amend and reenact §9-2-9 and §9-4-3 of the Code of West Virginia,
1931, as amended, all relating to requiring public notice of state plan amendments prior to
submission for federal approval and increasing the membership of the Medicaid Advisory Board";
to the Committee on Health and Human Resources then the Judiciary.
By Delegate Campbell:
H. B. 2867 - "A Bill to amend and reenact §18A-4-8d of the Code of West Virginia, 1931,
as amended, relating to authorizing and encouraging county boards of education to share services
of central office administrative personnel and to obtain these services from regional education
service agencies"; to the Committee on Education.
By Delegate Hrutkay:
H. B. 2868 - "A Bill to amend and reenact §17A-10-3 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §17B-2-8 and §17B-2-11 of said code, all relating to
increasing certain motor vehicle license fees"; to the Committee on Roads and Transportation then
Finance.
By Delegates Fleischauer, Shaver, Marshall, Beach, Shook, Longstreth, Hutchins,
Sobonya, Brown and Guthrie:
H. B. 2869 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C-5, §19-
20C-6, §19-20C-7 and §19-20C-8, all relating to protecting consumers against the sale or adoption
of sick or underage pets; providing for penalties for violations of this article"; to the Committee on
Agriculture and Natural Resources then the Judiciary.
By Delegates Fleischauer, Hrutkay, Manchin, Doyle, Hatfield, Marshall, Ellis, Shook,
Guthrie and Mahan:
H. B. 2870 - "A Bill to amend and reenact §48-26-603 of the Code of West Virginia, 1931,
as amended, relating to authorizing the court in cases where a prevailing party's attorney waives an
attorney's fee to which he or she would otherwise be entitled - either by statute or common law -
to require a nonprevailing party to pay, in lieu of the attorney's fee, an amount equivalent to it, into
the Domestic Violence Legal Services Fund"; to the Committee on the Judiciary.
By Delegates Hrutkay and Manchin:
H. B. 2871 - "A Bill to amend and reenact §24-2-1a of the Code of West Virginia, 1931, as
amended, relating to imposing upon a railroad company a one thousand dollar fine for violating any
rule promulgated by the Public Service Commission and if not corrected within fifteen days,
doubling the amount of the fine for every day of noncompliance thereafter"; to the Committee on
Roads and Transportation then the Judiciary.
By Delegates Hatfield, Perdue, Boggs, Brown and Border:
H. B. 2872 - "A Bill to amend and reenact §9-9-3, §9-9-6, §9-9-7, §9-9-8 and §9-9-9 of the
Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections,
designated §9-9-21 and §9-9-22; all relating to bringing the West Virginia Works Program into compliance with federal law as required by the Deficit Reduction Act; continuing state funding of
two and four-year post-secondary education for WV Works eligibility; and providing for state
funding for two-parent families to remain eligible for WV Works"; to the Committee on the
Judiciary.
By Delegate Walters:
H. B. 2873 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6,
§15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11, §15-14-12, §15-14-13, §15-14-14, §15-14-15,
§15-14-16 and §15-14-17, all relating to sexually violent predators; providing a short title; defining
certain terms; requiring notice to prosecuting attorney institute and others of prospective release
certain violent sexual offenders; establishing a multidisciplinary team; establishing a prosecutor's
review committee; providing for the determination of probable cause to petition for the commitment
of a sexually violent offender; providing for the apprehension of the sexually violent offender; notice
of hearing rights to the sexually violent offender; providing for a procedure for trial and commitment
to a secure facility of certain sexually violent offenders; and required registration of released sexually
violent offenders"; to the Committee on the Judiciary then Finance.
By Delegate Walters:
H. B. 2874 - "A Bill to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931,
as amended, relating to authorizing colleges and universities to charge county boards of education
for remedial education classes attended by graduates of West Virginia high schools"; to the
Committee on Education then Finance.
By Delegates Webster, Proudfoot, More, Hatfield, Caputo, DeLong, Hrutkay, Fragale and Perdue:
H. B. 2875 - "A Bill to amend and reenact §3-10-7 of the Code of West Virginia, 1931, as
amended, relating to providing a procedure in which to fill a vacancy on a county commission in the
event the remaining commissioners cannot agree on a person to fill the vacancy"; to the Committee
on the Judiciary.
By Delegates Wysong, Manchin, DeLong, Canterbury and Amores:
H. B. 2876 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-5-7a; to amend and reenact §8-12-5 of said code; and to amend
said code by adding thereto four new sections, designated §12-3-10g, §12-3-10h, 2-3-10i and §12-3-
10j, all relating to authorizing local governments to participate in a purchasing card program by the
State Auditor as an alternative payment method"; to the Committee on Political Subdivisions then
Government Organization.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2877 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931,
as amended; to amend and reenact §15-2-12 of said code; and to amend and reenact §17C-17B-4,
all relating to the funding of entities ensuring transportation public safety on state highways;
providing for the funding of the Public Service Commission Weight Enforcement Division;
providing for the funding of the State Police patrol of turnpikes and toll roads; and providing for the
funding of a courtesy patrol"; to the Committee on Finance.
House Calendar
Third Reading
S. B. 139, Denying petition for name change in certain cases; 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. 28),
and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S.B. 139) 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:
S. B. 139 - "A Bill to amend and reenact §48-25-101 and §48-25-103 of the Code of West
Virginia, 1931, as amended, all relating to petition for change of name; contents thereof and when
courts may or may not order change of name."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 142, Providing penalty for illegally possessing, possessing with intent to distribute or
distributing an iodine matrix; on third reading, coming up in regular order, with an amendment
pending and with the further right to amend, was, on motion of Delegate DeLong, recommitted to
the Committee on the Judiciary.
H. B. 2770, Enhancing penalties for certain acts against court security personnel; 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. 29),
and there were--yeas 99, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2770) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
H. B. 2028, Increasing the required bond for certain businesses regulated by the Division of
Motor Vehicles to fifty thousand dollars; on second reading, coming up in regular order, was read
a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2126, Exempting land-based finfish from aquaculture facilities from
certain sludge management requirements,
And,
Com. Sub. for H. B. 2585, Relating to the renewal of teaching certificates and permanent
certification.
Miscellaneous Business
Delegate Lane asked and obtained unanimous consent that the remarks of Delegates Sobonya
regarding the table game legislation, and the remarks of Delegate J. Miller, regarding former
President Ronald Reagan, be printed in the Appendix to the Journal.
At 12:10 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 7,
2007.