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Thursday, January 24, 2008
SIXTEENTH 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 23, 2008, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4082, Relating to the Public Employees Retirement System,
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 bill (H. B. 4082) was referred
to the Committee on Finance.
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. 2881, Providing that antique motor vehicles may be used for occasional recreational
driving,
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. 2881) 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. 2500, Exempting from the sales and use tax special equipment installed in a motor
vehicle for the use of a person with physical disabilities,
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. 2500) was referred
to the Committee on Finance.
Chairman Tucker, from the Committee on Industry and Labor, submitted the following report, which was received:
Your Committee on Industry and Labor has had under consideration:
H. B. 4030, Requiring that workplace fatalities be reported to the Division of Labor,
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. 4030) 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. 2930, Providing that an applicant for a farm use exemption certificate may not be
required to appear before any assessor for renewal,
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. 2930) was referred
to the Committee on the Judiciary.
Chairman Moore, 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. 2517, Providing that the Board of Banking and Financial Institutions have the authority
to approve acquisitions of out-of-state banks by WV state banks,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, 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 (H. B. 2517) to the Committee on Finance
was abrogated.
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. 271 - "A Bill to amend and reenact §15-2-6 of the Code of West Virginia, 1931, as
amended, relating to grievance appeal recommendation board; providing rule-making authority; and
establishing grievance procedure for state police"; 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. 272 - "A Bill to amend and reenact §46A-6F-113 of the Code of West Virginia, 1931,
as amended, relating to definition of telemarketing solicitation"; which was referred 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. 273 - "A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-12-5c of said code, all relating to removing references to
repealed statutes and replacing with current statutory references"; which was referred the Committee
on the Judiciary.
Resolutions Introduced
Delegates Rowan, Beach, Cowles, C. Miller, Tansill, Paxton, Shaver, Perry, Evans and Gall
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 18 - "Requesting that the Timber Rattlesnake be made West Virginia's state
reptile."
Whereas, The Timber Rattlesnake is an integral part of the history, culture, and ecology of
West Virginia and the United States; and
Whereas, The Timber Rattlesnake is present throughout West Virginia; and
Whereas, The Timber Rattlesnake's color and pattern is reminiscent of West Virginia's
fauna and flora; and
Whereas, The Timber Rattlesnake is indicative of our mountainous topography; and
Whereas, The Timber Rattlesnake is important to preserve as a predator and prey in West
Virginia's ecology; and
Whereas, The Timber Rattlesnake, replete with the slogan, "Don't Tread On Me", is
currently being used on a flag to symbolize the courage, dedication, and sacrifices by the U.S. Navy
on all fighting ships in the War on Terrorism; and
Whereas, The Timber Rattlesnake kills mice and rats at no cost, while cleaning up after
itself; and
Whereas, The Timber Rattlesnake is a popular icon that does attract attention and thereby may enhance tourism; and
Whereas, No other state has adopted the Timber Rattlesnake as a state reptile, West
Virginia can be the first, and that it would be a proud contribution by the eighth grade class at the
Romney Middle School, from West Virginia's oldest county, in West Virginia's oldest town to have
been instrumental in making the Timber Rattlesnake the state reptile of West Virginia; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Timber Rattlesnake shall be known as the state reptile for West Virginia; and, be
it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Mayor and the City Council in the City of Romney, to the eighth grade class at
Romney Middle School, to the Division of Natural Resources and to the Department of Agriculture.
Delegates Eldridge, Hrutkay, Ellis, Rodighiero and Barker offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 19 - "Requesting the Division of Highways to rename Heritage Road, specifically
Lincoln County Route 13/7, to 'Guy Gillenwater Hollow'."
Whereas, Guy Gillenwater grew up on Heritage Road which is located off Yeager
Highway, Rt. S214 at Yawkey in Lincoln County approximately 8 miles at the foot of Sumerco
Mountain; and
Whereas, Guy Gillenwater was one of thirteen brothers and sisters; and
Whereas, Guy Gillenwater was an outstanding and loyal citizen of the community who
helped everyone in any way he could; and
Whereas, Guy Gillenwater was a loving husband and loving father who raised nine
children, all of whom graduated from high school and currently live in the same vicinity; and
Whereas, Guy Gillenwater served in the Coal Conservation Camp during the depression
and would send money home to help support his family; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature request the Division of Highways to rename Lincoln County Route 13/7
in Yawkey, "Guy Gillenwater Hollow"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate
signage at both ends of the road; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
Resolution to the Commissioner of Highways, the Lincoln County Commission and Guy
Gillenwater.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 20 - "Requesting the Joint Committee on Government and Finance to study the
establishment of a court of chancery within the unified judicial system in the State of West
Virginia."
Whereas, Courts of chancery or "business courts" have been established by states
throughout the country to preside over and adjudicate matters of commercial law and complex
litigation between businesses; and
Whereas, Courts of chancery are presided over by a judge with extensive knowledge in
commercial law, complex litigation and other areas of law affecting businesses and corporations; and
Whereas, Courts of chancery promote and utilize alternative dispute resolution to bring
about successful resolution of cases without the parties becoming embroiled in a protracted litigation
process; and
Whereas, Courts of chancery relieve the dockets of circuit courts by removing cases
involving commercial law and complex business litigation and assigning them to a court of
chancery; and
Whereas, Courts of chancery have allowed for complex cases to be resolved faster and
with less expense than cases tried in courts of general jurisdiction; and
Whereas, Courts of chancery are a valuable tool for assisting businesses to get fair,
consistent, and timely dispute resolution; and
Whereas, Courts of chancery allow the judges to utilize technology, such as electronic
filing and internet technology to support case management; and
Whereas, Several states have established by legislation, by rule, or by means of a pilot
program a form of chancery court; and
Whereas, Many states are either working to establish or are studying the feasability of
establishing a court of chancery, and it is worthy of consideration by this Legislature as to whether
implementation of a Court of chancery would improve our court system and business climate;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
establishment of a chancery court in the state of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
regular session of the Legislature, 2009, on its findings, conclusions, recommendations, together
with any drafts of any legislation necessary to effectuate its recommendation; and, be it
Further Resolved, That the expense necessary to conduct this study, to prepare a report, to
draft necessary legislation, by paid from the legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Mr. Speaker, Mr. Thompson, and Delegates Perdue, DeLong, White, Webster,
Hatfield, Argento, Barker, Beach, Campbell, Cann, Eldridge, Ellis, Ennis, Frederick, Gall, Higgins,
Hrutkay, Hutchins, Klempa, Kominar, Long, Mahan, Manchin, Moore, Moye, Palumbo, Perry,
Pethtel, Pino, D. Poling, Reynolds, Rodighiero, Shook, Spencer, Staggers, Swartzmiller, Talbott,
Varner, Wells, Wysong, Yost, Armstead, Andes, Ashley, Border, Canterbury, Lane, J. Miller, C.
Miller, Overington, Rowan and Sumner offered the following resolution, which was read the Clerk:
H. R. 9 - "Designating January 24, 2008 as 'Disability Advocacy Day'."
Whereas, There are more than 400,000 West Virginians with disabilities; and
Whereas, People with disabilities have the right to equal opportunity to live full productive
lives in the community of their choice; and
Whereas, People with disabilities have the right to receive supports they need to exercise
self-determination, achieve independence, contribute to their communities and become productive
employees in the workplace; and
Whereas, West Virginia's citizens with disabilities have banded together in a collective
group, called the Fair Shake Network, to help bring their concerns to the forefront of public
awareness; and
Whereas, Such organizations as the Appalachian Center for Independent Living, Mental
Health Association of Monongalia County, Mountain State Centers for Independent Living,
Northern West Virginia Center for Independent Living, West Virginia Advocates, West Virginia
Assistive Technology System, West Virginia Developmental Disabilities Council, West Virginia
Mental Health Planning Council, West Virginia Statewide Independent Living Council, West
Virginia Division of Rehabilitation Services, West Virginia Autism Training Center, the ARC of
the Three Rivers, the West Virginia State Rehabilitation Council, The West Virginia Alliance for
Sustainable Families, the West Virginia Olmstead Office, the West Virginia Hartley/Medley
Advocacy Project, Job Squad Incorporated, Children with Special Health Care Needs, The ARC of
the Mid-Ohio Valley and the West Virginia University Center for Excellence in Disability have
joined together with individual Network members to help increase public awareness of issues
involving the many concerns of West Virginians with disabilities; and
Whereas, The purpose of Disability Advocacy Day is to increase the awareness of
legislators, administrators, policymakers and the public of the public policy issues that are important
to people with disabilities; therefore be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 24, 2008 as "Disability Advocacy
Day," and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the appropriate representatives of the Fair Shake Network.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 9) 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 Kominar, Ashley, Barker, Perry, Moore, Walters and Schoen:
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"; to the Committee on Banking and Insurance; and then the
Judiciary.
By Delegates Varner, Mahan, Hrutkay, Wysong, Tabb, Long, Moye, Kominar,
Stemple, Webster and White:
H. B. 4158 - "A Bill to amend and reenact §36-8A-5 of the Code of West Virginia, 1931,
as amended, relating to allowing law-enforcement agencies to auction off unclaimed stolen firearms
with proceeds going back to the law-enforcement agency"; to the Committee on the Judiciary then
Finance.
By Delegates Gall, Moye, Kessler, Swartzmiller, Ashley, Browning, Burdiss, Pino and
Crosier:
H. B. 4159 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18C-1-6, relating to the recision of higher education loans,
scholarships or other financial aid from students who receive two or more citations for an open
container violation, DUI, underage consumption, public intoxication or contributing to the
delinquency of a minor"; to the Committee on Education then the Judiciary.
By Delegates Stemple, Webster, Hrutkay, Long, Mahan, Varner, Browning, Proudfoot,
Azinger, Moore and Ellem:
H. B. 4160 - "A Bill to amend and reenact §50-3-2 of the Code of West Virginia, 1931, as
amended, relating to costs in criminal proceedings"; to the Committee on the Judiciary then Finance.
By Delegates Beach, Shook, Shaver, Fleischauer, Longstreth, Manchin, Caputo and
Williams:
H. B. 4161 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as
amended, relating to increasing the Public Service Commission appointees from 3 to 5; and
requiring one appointee from each congressional district and two at-large appointments"; to the
Committee on Government Organization then the Judiciary.
By Delegates Reynolds, Stephens, Craig, Morgan, Rodighiero, Miley, Hrutkay,
Eldridge, Ellis, Boggs and Perdue:
H. B. 4162 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17C-14-15, relating to leaving children unattended or
unsupervised in motor vehicles; penalty; and the authority of a law-enforcement officer"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates Palumbo, Wells, Guthrie, Hatfield, Spencer, Webster and Brown:
H. B. 4163 - "A Bill to amend and reenact §18-9A-11 of the Code of West Virginia, 1931,
as amended, relating to computation of local share, appraisal and assessment of property; local
library support"; to the Committee on Education then Finance.
By Delegates Doyle, Brown, Fleischauer, Palumbo, DeLong, Hutchins, Klempa,
Marshall, Michael, Moore and Webster:
H. B. 4164 - "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 unlawful discriminatory practices;
prohibiting discrimination based upon age and sexual orientation; and defining sexual orientation";
to the Committee on the Judiciary.
By Delegates Rodighiero, Ellis, Reynolds, Hrutkay, Eldridge and Stephens:
H. B. 4165 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §8-15-8b of said code, all relating to permitting members of
volunteer fire departments to participate in the state's public employees insurance plan; adding to
the definitions of employer and employee; and authorizing the payment of the costs of the insurance
coverage"; to the Committee on Banking and Insurance then Finance.
By Delegates Morgan, Martin, Higgins, Long and Palumbo:
H. B. 4166 - "A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as
amended, relating to unauthorized practice of medicine and surgery or podiatry or as a physician
assistant; criminal penalties; reducing the amount of fine for a person practicing on an expired
license for less than three months; specifying as a felony the unauthorized practice of medicine and
surgery or podiatry or as a physician assistant in all other instances; providing for enhanced criminal
penalties where serious bodily injury results from such unauthorized practice"; to the Committee
on Health and Human Resources then the Judiciary.
By Delegates Proudfoot, M. Poling, Campbell, Perdue and White:
H. B. 4167 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §16-2-11 of said code, all relating to reports of inspections of primary and secondary schools by local boards of health; and authorizing the Commissioner of the
Bureau for Public Health to promulgate and establish standards for these inspections"; to the
Committee on Government Organization then Education.
By Delegates Fleischauer, Guthrie, Long, Tabb, Azinger and Lane:
H. B. 4168 - "A Bill to repeal §60-1-5a of the Code of West Virginia, 1931, as amended;
to repeal §60-3-25 of said code; to amend and reenact §60-1-5 of said code; to amend and reenact
§60-4-3b, §60-4-22 of said code; to amend said code by adding thereto four new sections,
designated §60-4-2a, §60-4-2b, §60-4-2c, §60-4-22a; to amend and reenact §60-6-1 of said code;
to amend and reenact §60-8-1, §60-8-2, §60-8-3, §60-8-4, §60-8-6, §60-8-6a, §60-8-19, §60-8-20,
§60-8-24, §60-8-28, §60-8-30 and §60-8-32 of said code; and to amend said code by adding thereto
two new sections, designated §60-8-3a and §60-8-3b, all relating to sales of wine; adding and
removing certain definitions; establishing application and reporting requirements for farm wineries
seeking a waiver of raw product quotas and import restrictions; defining 'off-farm location' to mean
a West Virginia farm or winery; limiting the duration of waivers; providing for winery and farm
winery license to manufacture and sell; deleting provisions prohibiting wholesaler's representatives
or their spouses from contributing to political party campaign funds; authorizing wine specialty
shops to conduct wine sampling events and wine tasting events without obtaining a separate license;
deleting provisions relating to wine tasting and wine sampling licenses; limiting direct shipping
licenses to wineries or farm wineries producing twenty thousand gallons of wine or less per year;
exempting from payment of the liter tax any winery or farm winery producing twenty thousand
gallons of wine or less per year; providing that where a supplier or direct shipper does not have a
minimum nexus with this state, the purchaser of wine from the supplier or direct shipper is responsible for reporting, collecting, remitting and paying taxes on the wine sold to the Tax
Commissioner; adopting language relating to disposition of wine tax revenues; decreasing the cost
and duration of wine brand and label registration; requiring the Alcohol Beverage Control
Commissioner to propose rules for promulgation setting out standards for wine brand and label
review and registration; and allowing wine manufacturers, suppliers and distributors to agree in
writing to a period of less than ninety days for termination of a distribution agreement"; to the
Committee on the Judiciary then Finance.
House Calendar
Third Reading
Com. Sub. for H. B. 4036, Granting the board of Respiratory Care Practitioners rulemaking
authority and the issuance of temporary permits to students;
on third reading, coming up in regular
order, was read a third time.
Delegate Caputo requested to be excused from voting on the passage of Com. Sub. for H.
B. 4036 under the provisions of House Rule 49, stating that his
daughter was a student in a
respiratory care program at Fairmont State College.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no
direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 11),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Ennis, Lane, Mahan and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 4036) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 12), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Ennis, Lane, Mahan and Marshall.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4036) takes effect from its passage.
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. 4019, Relating to civil actions filed in the courts of the state,
And,
Com. Sub. for H. B. 4053, Protecting computer owners and users from computer spyware.
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. 3215, Removing the administrative link between Shepherd University
and Blue Ridge Community and Technical College,
H. B. 4072, Clarifying that the Board of Registration for Professional Engineers is subject
to a regulatory board review,
H. B. 4073, Clarifying that the Board of Examinations in Counseling is subject to a
regulatory board review,
H. B. 4078, Relating to the termination of the Blennerhassett Island Historical State Park Commission,
H. B. 4085, Relating to regulatory review of the West Virginia Acupuncture Board,
H. B. 4100, Repealing outdated provisions of the West Virginia Code relating to the
operation of the penitentiary by the Commissioner of Public Institutions,
H. B. 4101, Repealing outdated provisions of the West Virginia Code relating to Huttonsville
Correctional Center,
And,
H. B. 4107, Repealing outdated provisions of the West Virginia Code relating to Denmar
State Hospital.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Beach, Ennis, Lane, Mahan and Marshall.
At 11:31 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 25, 2008.