hdj2008-02-12-35

__________*__________

Tuesday, February 12, 2008
THIRTY-FIFTH 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 Monday, February 11, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:

Your Committee on Rules has had under consideration:

Com. Sub. for S. C. R. 20, Urging Congress pass legislation protecting public from toxic imports,

And reports the same back with the recommendation that it be adopted.

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, Argento and Rowan:
H. B. 4512 - "A Bill to amend and reenact §29-3D-2 of the Code of West Virginia, 1931, as amended, relating to providing classifications of licensees to be licensed by the State Fire Marshal to engage in fire protection work."

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. 4234, Fire Marshal, supervision of fire protection work,

And,

H. B. 4256, Labor, supervision of plumbing work,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended, 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. 4234 and H. B. 4256) were each referred to the Committee on the Judiciary.

Chairman Doyle, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 11th day of February, 2008, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

(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,
(Com. Sub. for H. B. 4147), Relating to the regulation of parking for state office buildings.

Chairman Poling, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4023, Provide for the denial or suspension of a driver's license for any student who withdraws from school or fails to receive passing grades,

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. 4023) was referred to the Committee on the Judiciary.

Chairman Poling, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4406, Relating to state board standards for the recommended duration of school bus transportation times for students to and from school,

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. 4406) 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. 4389, Removing requirement that resident violators of traffic laws be required to sign citations,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4389 - "A Bill to amend and reenact §17C-19-3 of the Code of West Virginia, 1931, as amended, relating to removing the requirement that resident violators of certain traffic laws be required to sign citations or notices to appear in court as written promises to appear in court as a condition of release from custody,"

With the recommendation that the committee substitute do pass.

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. 4464, Adding more exemptions to the requirement that a foreign corporation obtain a certificate of authority before conducting affairs in the state,

And,
H. B. 4465, Relating to fees charged by the Secretary of State,

And reports the same back with the recommendation that they each do pass.

Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 4418, Establishing a statewide reporting system for hospitals to report their infection rates,

And,

H. B. 4241, Health and Human Resources, newborn screening, system,

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. 4418 and H. B. 4241) were each referred to the Committee on the Judiciary.

On motion for leave, a bill was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Hatfield, Marshall, Long, Eldridge, Spencer, Fleischauer, Longstreth, Rodighiero, Rowan, Ashley and Border:

H. B. 4513 - "A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as amended, relating to the reimbursement of costs for newborn screenings by designated health insurers in the state."

Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 4144, Relating to physician assistants and updating language to conform to national changes,

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. 4144) was referred to the Committee on the Judiciary.
Messages from the Executive

The Speaker presented annual reports from various state agencies as required by the provisions of law, as follows:

Board of Acupuncture

Board of Funeral Service Examiners

Division of Natural Resources

Joint Committee on Government and Finance

Parole Board

Special Reclamation Fund Advisory Council

The above- referenced reports are on file in the Clerk's Office.

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. 242 - "A Bill to amend and reenact §17B-3-6 of the Code of West Virginia, 1931, as amended, relating to providing that if a licensee has been notified of a pending thirty-day driver's license suspension based on the accumulation of twelve or thirteen points, the licensee may submit proof of completion of an approved defensive driving course to deduct three points and rescind the pending license suspension"; 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 concurrence by the Senate as to the changed effective date, to take effect from its passage, of

S. B. 459, Authorizing rules of School Building Authority and Higher Education Policy Commission.
Resolutions Introduced

Delegates Perry, Anderson, Andes, Argento, Armstead, Azinger, Barker, Beach, Boggs, Border, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Ellis, Ennis, Evans, Fragale, Frederick, Gall, Hamilton, Hartman, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Manchin, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Paxton, Perdue, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Shaver, Shook, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Mr. Speaker, Mr. Thompson, Tucker, Varner, Walters, White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 40 - "Requesting the United States Park Service to continue permitting hunting on areas controlled by New River Gorge National River."

Whereas, West Virginia is a state with a rich hunting heritage; and

Whereas, Since the creation of the New River Gorge National River in 1979, hunters, fishermen and outdoorsmen of all kinds have enjoyed the area for recreational purpose; and

Whereas, The National Park Service is considering prohibiting hunting in areas controlled by the New River Gorge National River by designating it a wilderness area; and

Whereas, The prohibition of hunting in the New River Gorge National River area would have a drastic impact, not only with the continuation of West Virginia's hunting traditions, but would impact the economic stability of the area; and

Whereas, The West Virginia Division of Natural Resources strongly opposes any attempt to abolish hunting in the New River Gorge National River area, and believes that the National Park Service should place additional emphasis on the active management of all wildlife in the area. If the animal population of the area is not controlled, consequences such as malnutrition, disease and increased animal-human conflict, along with the elimination of plant species could be disastrous. Hunting is a valuable management tool to these concerns; and

Whereas, Our delegation to the United States Congress should enact legislation that would prohibit any superintendent of director of our National Parks from solely deciding whether a park or any part thereof should be a wilderness area, recreational area, or an area that permits hunting; therefore, be it

Resolved by the Legislature of West Virginia:

That the House of Delegates hereby requests the Park Services to continue to permit hunting in the New River Gorge National River area; and, be it

Further Resolved, That the House of Delegates is concerned about the economic impact that prohibiting hunting in the New River Gorge National River would have on a tri-county area; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the director of National Park Service, the members of the West Virginia Delegation to the United States Congress and to the Superintendent of the New River Gorge National River.

Delegates Kominar, Stemple, Walters, Barker, Cann, Ennis, Hartman, Long, Mahan, Michael, Moore, Perry, Pethtel, Pino, Proudfoot, Staggers, Stalnaker, Varner and White offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 41 - "Urging the United States Congress to protect state regulation of the business of insurance."

Whereas, State insurance regulators have ensured the solvency of this nation's insurers, implemented a comprehensive consumer protection scheme, licensed insurance companies and agents, and supervised other areas of insurance business for over one hundred fifty years; and

Whereas, State insurance regulation has been largely successful and effective, has adapted to changes in the marketplace, and encourages innovation; and

Whereas, State legislatures and state insurance regulators are more responsive to the needs of consumers and are more aware of and responsive to the unique characteristics and demands of individual states; and

Whereas, Governors, state legislators, and insurance commissioners have acknowledged the need to streamline and simplify insurance regulation and are working to enact reforms to remedy the unnecessary differences in state laws and eliminate requirements that prevent insurers and agents from serving the needs of insurance consumers in an effective and timely manner; and

Whereas, Many states, including West Virginia, regularly update state insurance laws and have recently enacted legislation that enables the insurance industry to more effectively respond to changing market conditions; and

Whereas, The 109^th Congress of the United States is expected to consider legislation that would establish an entirely new insurance regulatory system at the federal level and threaten the continued viability of the state system in the process; and

Whereas, A new and untested federal insurance regulatory system would almost certainly be more remote and politicized and less accessible and responsive than the current state system; and

Whereas, If enacted by the Congress of the United States, these proposals would bifurcate insurance regulation between the states and federal government, undermining the state system of consumer protections and financial surveillance, as well as inevitably causing a loss of jobs, taxes, fees and other vital and necessary state revenues needed to effectively regulate the insurance market and provide revenues to support residual market programs; and

Whereas, A dual regulatory structure will create consumer confusion and result in a regulatory race to bottom; and

Whereas, Insurance companies paid approximately $105 million in premium taxes to West Virginia in 2006, and a federalization of insurance could put these payments and other fees and revenues at risk; therefore, be it

Resolved by the Legislature of West Virginia:

That the 78^th Legislature of the State of West Virginia hereby respectfully urges the Congress of the United States of America to oppose any proposed laws that would establish a federal insurance regulatory system or otherwise alter the McCarran-Ferguson Act; and, be it

Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the members of the United States House Financial Services Committee, the members of the United States Senate Banking, Housing and Urban Affairs Committee, the United States Secretary of the Treasury, and to all members of the West Virginia delegation to the Congress of the United States with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States.

Delegates Craig, C. Miller and Morgan offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 42 - "Providing for the renaming of Fairgrounds Road located in Cabell County 'Bill Blenko Drive'."

Whereas, William Blenko, a West Virginian, was born in Lanchester, Ohio, on May 24^th, 1921; and

Whereas, The Blenko Glass Company is a vital part for both the Milton area and the State of West Virginia; and

Whereas, Mr. Blenko has worked tirelessly promoting the Blenko Glass Company and Milton, West Virginia. The fans and supporters of Blenko Glass Company wish to express their fondness and appreciation of Mr. William H. Blenko Jr.; and

Whereas, William Blenko took over the helm of Blenko Glass after his father William H. Blenko Sr. passed away in 1969. Hard work and fair deals were the ethos of Mr. Blenko, learned not only from his father, but his grandfather as well. He steered his company from uncertainty to stability and success. Today, he is leading the company into this new millennium with the same determination that has made Blenko Glass the leading business in Milton, West Virginia, since 1921; and

Whereas, When so many factories closed and moved to other locales, Mr. Blenko held firm in his belief that Blenko Glass would not be Blenko Glass anywhere but in Milton, West Virginia. His devotion to Milton and its people has created a symbiotic relationship between factory and township; and

Whereas, Even today Mr. Blenko continues helping his beloved Milton, West Virginia. Ever mindful of possibilities Mr. Blenko has tied any company cooperation with collectors with this most important point: Fans and collectors of the famous Blenko Glass must come to Milton, West Virginia, for their annual convention; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to rename Fairgrounds Road located in Cabell County "Bill Blenko Drive"; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Secretary of the Department of Transportation and the family of William H. Blenko.

Delegates Eldridge, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Tansill, Mr. Speaker, Mr. Thompson, Tucker, Varner, Walters, Webster, Wells, White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 43 - "Requesting the Governor to create the 'Mountaineer Freedom Medal' which will be awarded to the families of soldiers killed during hostile operations, to honor those gallant soldiers who have fought and gave the ultimate sacrifice for our freedom in the United States' war on terror."

Whereas, The fallen soldier Lance Corporal Juston Thacker and his loving family are the inspiration and driving force behind the creation of the "Mountaineer Freedom Medal"; and

Whereas, Lance Corporal Juston Thacker was killed in a fire fight in Afghanistan on July 6, 2004; and

Whereas, The family of Juston Thacker feels it is important to show our soldiers how much we truly care about them by creating the "Mountaineer Freedom Medal" to honor all our men and women who so valiantly serve our state and country by giving the ultimate sacrifice; and

Whereas, Hospital Corpsman 3rd Class, Brian McKinney, a friend of Lance Corporal Juston Thacker, from Rock, West Virginia designed the "Mountaineer Freedom Medal" using his own pain of losing comrades in Afghanistan and Iraq as his emotional inspiration; and

Whereas, Hospital Corpsman 3^rd Class Brian McKinney designed the medal to include a kneeling soldier, with tears in his eyes and an American Flag at his back, which represents that he knows what he is fighting for; a funeral for a fallen soldier; and finally a hill in the background, on the right side of which are graves of fallen soldiers and on the left side of which are the souls of those fallen soldier and at the center is a gate with light brightly shining through the gate; and

Whereas, Hospital Corpsman 3^rd Class Brian McKinney chose to include the words "For those who gave all", to represent those who gave their all for our freedom and the West Virginia moto "Montani Semper Liberi"; and

Whereas, The State of West Virginia has an excellent reputation in the military and our men and women serve our state and country with pride; and

Whereas, This is the states opportunity to recognize our fallen heroes by presenting their families with the "Mountaineer Freedom Medal"; therefore, be it

Resolved by the Legislature of West Virginia:

That the Governor of the State of West Virginia create the "Mountaineer Freedom Medal" to honor our heroes who were killed during hostile operations by awarding their families with the medal; and, be it

Further Resolved, That the Governor is hereby requested to commission an artist to create a mold of Hospital Corpsman 3^rd Class Brian McKinney's drawing for us as the "Mountaineer Freedom Medal"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor of West Virginia, Sharon Bowling, mother of Lance Corporal Juston Thacker, Hospital Corpsman 3^rd Class Brian McKinney and Delegate Jeff Eldridge.

Mr. Speaker, Mr. Thompson [By Request of the Executive], offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 44 - "Designating the West Virginia Legislature as a Legislature of Promise and urging legislative support of communities within the state who are committed to delivering the five fundamental resources of America's Promise to West Virginia's youth."

Whereas, The President's Summit for America's Future in one thousand nine hundred ninety-seven challenged the nation to make children and youth a national priority by providing opportunities for their success through the fulfillment of fundamental promises; and

Whereas, The current President reaffirmed his commitment to this important initiative in two thousand one; and

Whereas, America's Promise is an alliance that brings together communities, individuals and organizations from all sectors to improve opportunities for children and youth; and

Whereas, America's Promise provides five basic promises for youth:

1. Caring adults who are vitally involved in their lives as parents, mentors, tutors and coaches;

2. Safe places with structured activities for learning and play;

3. A healthy start that encourages healthy choices;

4. An effective education that builds marketable skills; and

5. Opportunities to help others; and

Whereas, A statewide network of organizations and individuals has established Communities of Promise throughout the State intent on delivering the Five Promises to their community youth; and

Whereas, Communities of Promise are dependent upon leaders in the community to implement programs designed to deliver the Five Promises locally; and

Whereas, Citizens look to elected officials for support of programs that ensure the success of youth; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature of the State of West Virginia be declared a "Legislature of Promise"; and, be it

Further Resolved, That the members of the Legislature support and encourage programs and promote the development of new Communities of Promise within their districts by fostering programs designed to deliver the Five Promises to the youth of the State of West Virginia.

Delegate Morgan offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 45 - "Urging the Congress of the United States of America to increase the annual appropriation of funds from the Leaking Underground Trust Fund for the purpose of cleaning up abandoned and leaking underground storage tanks and to take into account the number of releases attributed to tanks without a viable owner in distributing the funds to the states."

Whereas, Underground storage tanks that leak petroleum or other hazardous substance can contaminate nearby soil and groundwater putting human health and the environment at risk and West Virginia has an estimated 750 abandoned tanks at approximately 380 sites without a viable owner; and

Whereas, Many of the abandoned sites in West Virginia are located along our major roads and highways, and because of the contamination or perceived contamination these properties are not being redeveloped and returned to productive use; and

Whereas, Congress created the Leaking Underground Storage Tank Trust Fund in 1986 by amending Subtitle I of the Resource Conservation and Recovery Act. The Trust Fund is financed by a 0.1 cent tax on each gallon of motor fuel sold nationwide; and

Whereas, For fiscal year 2008, Congress appropriated only $76 million from the fund for the United States Environmental Protection Agency and the states to clean up releases and to oversee cleanup activities; and

Whereas, The Trust Fund has a surplus that is expected to grow to $3.0 billion by the end of fiscal year 2008 and the interest on the amounts in the Trust Fund now exceed annual appropriations by Congress; and

Whereas, The Congress enacted The Energy Policy Act of 2005 that authorizes appropriations from the LUST Trust Fund through fiscal year 2011 of $555 million per year. This annual amount includes $200 million for cleanups of releases from leaking underground storage tanks; therefore, be it
Resolved by the Legislature of West Virginia:

That the West Virginia Legislature hereby urges the Congress of the United States of America to increase the annual appropriation of funds from the Leaking Underground Trust Fund for the purpose of cleaning up abandoned and leaking underground storage tanks and to take into account the number of releases attributed to tanks without a viable owner in distributing the funds to the states; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Clerk of the United States House of Representatives, to the Secretary of the United States Senate, to the President of the United States and to the members of the West Virginia Congressional Delegation.

On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. J. R. 107 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation for personal property in the form of manufacturing inventory, authorizing the exemption from ad valorem taxation for other tangible personal property, numbering and designating such proposed amendment, and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.

Delegates Spencer, Marshall, Moore, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Crosier, DeLong, Eldridge, Ellem, Ellis, Ennis, Evans, Fragale, Frederick, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Martin, Michael, Miley, C. Miller, J. Miller, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Pethtel, Pino, D. Poling, Porter, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Talbott, Tansill, Mr. Speaker, Mr. Thompson, Tucker, Varner, Walters, Webster, Wells, White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 19 - "Designating June 19, as 'Juneteenth Day of Recognition'."

Whereas, The year 2005 marked the 140^th year anniversary of "Juneteenth", the historical event of 1865 in Galveston, Texas, when on June 19, 1865, word of the emancipation proclamation reached the enslaved; and

Whereas, In the 142 years since that date, African Americans have made this one of the most important events and celebrations of the year; and

Whereas, The 140^th year anniversary of "Juneteenth" occurred in 2005, with celebrations in the United States and many other parts of the world commemorating this significant historical event in American history. "Juneteenth" is a reference point from which to appreciate the progress and contributions made by African Americans to this society; therefore, be it

Resolved by the House of Delegates:
That the House of Delegates hereby designates June 19, as "Juneteenth" a day of reflection and renewal, a day to honor and respect the sufferings of slavery, a day to acknowledge the evils of slavery and its aftermath, a day to think about that moment in time when the enslaved in Galveston, Texas received word of their freedom, a day for people of all races, nationality and ethnic background to join together to support and participate in "Juneteenth"; and, be it

Further Resolved, That the House of Delegates invites all members of the West Virginia Legislature and all citizens of the great State of West Virginia to join it on every June 19^th in recognizing and celebrating that historical event of 1865 in Galveston, Texas, known as "Juneteenth".

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Proudfoot, Varner, Kominar and Stalnaker:

H. B. 4497 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-32, relating to liquefied petroleum gas-consuming equipment and appliances and the business of selling at retail, supplying, handling or transporting certain types of liquefied petroleum gas; requiring certification of correctness as to design, construction and performance of domestic and commercial liquefied petroleum gas-consuming equipment and appliances; requiring installation of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system in accordance with the instructions of the manufacturer of the appliance, equipment or component; prohibiting the alteration, modification, maintenance or repair of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system unless done in accordance with the instructions of the manufacturer; providing protections from liability for persons engaged in the business of selling at retail, supplying, handling or transporting liquefied petroleum gas, for acts in which they did not participate; and using existing criminal penalty provisions for violations"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Rodighiero, Eldridge, Ellis, Hrutkay and Stephens:

H. B. 4498 - "A Bill to amend and reenact §17D-2A-4 of the Code of West Virginia, 1931, as amended, relating to motor vehicle insurance"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Moore, Doyle, Guthrie, Lane, Long, Rodighiero, Shook, Sobonya and Overington:

H. B. 4499 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-4A-1, §15-4A-2, §15-4A-3, §15-4A-4 and §15-4A-5, all relating to the establishment of a Silver Alert Plan to rapidly disseminate information with regard to missing senior citizens and missing persons that has a mental impairment"; to the Committee on the Judiciary.
By Delegates Varner, Ennis, Webster, Mahan, Long, Campbell, Iaquinta, Staggers and Yost:

H. B. 4500 - "A Bill to amend and reenact §15-2C-1 and §15-2C-6 of the Code of West Virginia, 1931, as amended, and to amend said code by adding a new section, designated §15-2C-9, all relating to providing qualified entities access to the West Virginia Central Abuse Registry; defining the responsibilities of qualified entities; and establishing fees for requests by qualified entities"; to the Committee on the Judiciary.
By Delegates Manchin, Perdue, Hrutkay, Shook and Schadler:

H. B. 4501 - "A Bill to amend and reenact §22-26-1, §22-26-2, §22-26-3, §22-26-5 and §22- 26-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §22-26-7, §22-26-8 and §22-26-9, all relating to the Water Resources Protection and Management Act; establishing legislative findings; defining certain terms; continuing the water resources survey; continuing mandatory registration of certain water users; requiring reports to the Legislature; requiring development of a state water resources management plan; authorizing surface and groundwater data collection; setting forth powers and duties of the Secretary of Department of Environmental Protection with regard to development of water resources management plans; establishing criteria for a state water resources management plan; and authorizing development of regional and critical area water resources management plans"; to the Committee on Judiciary.
By Delegates Duke, Blair, Overington, J. Miller, Evans, Rowan, Tabb and Wysong:

H. B. 4502 - "A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers of warranties with respect to goods which are the subject of or are intended to become the subject of a consumer transaction; prohibition against exclusion, modification or limitation of any warranty or remedy; waiver of warranty on used motor vehicle as to a particular defect or malfunction which dealer has disclosed; conditions permitting 'as is' sale of used motor vehicle; conspicuous disclosure of 'as is' sale; 'as is' sale does not waive express warranties made by dealer; dealer to conform to federal regulations"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Blair:

H. B. 4503 - "A Bill to amend and reenact §48-2-104 of the Code of West Virginia, 1931, as amended, relating to including a parenting plan with an application for a marriage license"; to the Committee on the Judiciary.

By Delegates Kessler, Burdiss, Moye, Rodighiero, Sumner and C. Miller:

H. B. 4504 - "A Bill to amend and reenact §19-20A-2 and §19-20A-5 of the Code of West Virginia, 1931, as amended, all relating to requiring the administration of rabies vaccination extended to a three year period"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Ennis, Varner, Pethtel, Stalnaker, Tucker, Evans, Boggs, Klempa, Caputo, Carmichael and J. Miller:

H. B. 4505 - "A Bill to amend and reenact §29-3-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-11a of said code, all relating to allowing fireworks displays on public school property upon approval of the State Superintendent of Schools and the State Fire Marshal"; to the Committee on Education.

By Delegates DeLong, Miley, Manchin, Stalnaker, Stemple, Shook, Beach, Fragale, Kominar, Mahan and White:

H. B. 4506 - "A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended, relating to equal pay for all state magistrates"; to the Committee on the Judiciary then Finance.
By Delegates Hartman, Andes, Varner, Doyle, Williams and Iaquinta:

H. B. 4507 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-1I-1, §15-1I-2, §15-1I-3, §15-1I-4 and §15-1I-5, all relating to the receipt of federal and state funds by the West Virginia National Guard; to develop and administer security programs; and the hiring of employees"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegate Michael:

H. B. 4508 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to West Virginia personal income tax"; to the Committee on Finance.
By Delegate Lane:

H. B. 4509 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended, relating to prohibiting sex offenders from residing in certain areas"; to the Committee on the Judiciary.
By Delegates Blair and Long:

H. B. 4510 - "A Bill to amend and reenact §18C-7-3 and §18C-7-6 of the Code of West Virginia, 1931, as amended, all relating to requirements for PROMISE scholarships; permitting a West Virginia student to receive a certain percent of the cost of tuition at an out-of-state college or university under a PROMISE scholarship where the course desired by the student is not offered by any institution in the state; requiring applicants and recipients to perform community services; and monitoring and approval of community service"; to the Committee on Education then Finance.
By Delegates Wysong, Tabb, Blair, J. Miller, Cowles, Michael, Duke, Williams, Barker, Shaver and Long:

H. B. 4511 - "A Bill to amend and reenact §8A-7-7, §8A-7-8 and §8A-7-13 of the Code of West Virginia, 1931, as amended, all relating to zoning ordinance adoption by election or otherwise"; to the Committee on the Judiciary.

By Delegates Stemple, Argento, Tabb and Talbott:
H. B. 4514 - "A Bill to amend and reenact 20-2-23a of the Code of West Virginia, 1931, as amended, authorizing the Whitewater Commission to establish a fee to stock trout on the Gauley River by legislative rule; providing for the use of the fee upon collection; authorizing the employment of a private contractor; declaring the existence of an emergency necessitating expeditious implementation of a fee; authorizing emergency rules for the establishment, implementation, collection and enforcement of a fee"; to the Committee on the Judiciary.
Special Calendar
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:

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,
H. B. 4348, Adding language to the code for fees for tests and certificates that were already imposed,
H. B. 4385, Revising certain powers and duties of the Legislative Auditor,
Com. Sub. for H. B. 4423, Ensuring that beer kegs are not considered scrap metal unless received directly from a beer manufacturer,

And,
H. B. 4478, Relating to the authority of certain aides to exercise control over students.
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. 258, Repealing outdated code provisions relating to Huttonsville Correctional Center,
S. B. 262, Repealing outdated code provisions relating to Denmar State Hospital,

And,
Com. Sub. for H. B. 4150, Requiring the purchasing of American-made flags with state funds.
Remarks of Members

Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate Armstead regarding 199th anniversary of Abraham Lincoln's birthday be printed in the Appendix to the Journal.

Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Marshall made on yesterday concerning the recent death of her husband and the outpouring of support by her legislative family be printed in the Appendix to the Journal.

Delegate Hutchins announced that he was absent on yesterday when the votes were taken on Roll Nos. 53 and 54, and that had he been present, he would have voted "Yea" thereon.

At 11:36 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 13, 2008.