__________*__________
Wednesday, February 20, 2008
FORTY-THIRD DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, February 19, 2008, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for a presentation by the House.
Committee Reports
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. 2881, Providing that antique motor vehicles may be used for occasional recreational driving,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2881 - "A Bill to amend and reenact §17A-10-3a of the Code of West
Virginia, 1931, as amended, relating to extending the weekend time period for the operation of
antique motor vehicles and antique motorcycles for recreational purposes,"
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. 4617, Allowing e-notification by using e-certified cards for verification of certified
mail acceptance to the court of origin for service of process,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4617 - "A Bill to amend and reenact §31B-1-111 of the Code of West
Virginia, 1931, as amended; to amend and reenact §31D-5-504 of said code; to amend and reenact
§31E-5-504 of said code; to amend and reenact §31E-14-1410 of said code; to amend and reenact
§46A-2-137 of said code; to amend and reenact §47-9-4 of said code; and to amend and reenact §56-
3-31 and §56-3-33 of said code, all relating to service of process, service on corporation for-profit,
service on corporation non-profit, service on foreign corporation, service of process against non
residents involved in motor vehicle accidents, service of process against nonresidents having certain
contracts with this state, constituting the secretary of state as attorney-in-fact for all limited
partnerships, and service of process on certain nonresidents,"
With the recommendation that the committee substitute do pass.
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. 4384, Expanding the number of members of boards of zoning appeal from five to
seven,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4384 - "A Bill to amend and reenact §8A-8-3 of the Code of West
Virginia, 1931, as amended, relating to permitting a governing body to create a board of zoning
appeals which consists of five or seven members,"
With the recommendation that the committee substitute do pass.
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. 4156, Permitting a governing body of a municipality to place a lien on property in an
amount equal to the demolition and removal of a hazardous structure,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4156 - "A Bill to amend and reenact §8-12-16 of the Code of West
Virginia, 1931, as amended, relating to permitting the governing body of a municipality to place a
lien on property in an amount equal to the demolition and removal costs of a hazardous structure,"
With the recommendation that the committee substitute do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4368, Reducing acts of student violence and disruptive behavior and increasing
penalties for chronically disruptive students,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4368 - "A Bill to amend and reenact §18-5A-2 of the Code of West
Virginia, 1931, as amended; to amend and reenact §18A-5-1 of said code; and to further amend said
code by adding thereto a new section, designated §18A-5-1c, all relating to student behavior and
discipline in schools; reducing school violence and disorderly conduct; alternative learning settings;
establishing and implementing consistent and effective discipline policies; legislative findings; and
establishing the Bill of Rights and Responsibilities for Students and School Personnel,"
With the recommendation that the committee substitute do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4117, Expanding eligibility for state minimum salary supplements for classroom
teachers achieving certain national certification,
H. B. 4130, Establishing the West Virginia Research Trust Fund,
And,
H. B. 4131, Authorizing the School Building Authority to issue certain revenue bonds from
proceeds of the State Excess Lottery Fund,
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 Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 4117, H. B. 4130 and
H. B. 4131) were each referred to the Committee on Finance.
Chairman Swartzmiller, from the Committees on Veterans Affairs and Homeland Security,
submitted the following report, which was received:
Your Committees on Veterans Affairs and Homeland Security have had under consideration:
S. B. 627, Designating terroristic threat as felony,
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 (S. B. 627) was referred to
the Committee on the Judiciary.
Chairman Iaquinta, 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. 4507, West Virginia Military Authority Act,
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. 4507) 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. 4613, Increasing protection to beneficiaries of structured settlements as they relate to settlement transfers,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4613 - "A Bill to amend and reenact §46A-6H-3 of the Code of West
Virginia, 1931, as amended, relating to requiring court approval for certain structured settlement
transfers; requiring appointment of guardian ad litem; payment of guardian ad litem, attorneys' fees
and costs; required findings; and standard of proof,"
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. 2377, Requiring that employers perform criminal history background checks for
employees involved in the installation of home security systems,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2377 - "A Bill to amend and reenact §30-18-1 of the Code of West
Virginia, 1931, as amended, relating to the definition of 'security guard business' by adding those
involved in the business of home security systems; and subjecting home security businesses to
regulation pursuant to article eighteen,"
H. B. 2934, Adding "craft beer" to the state definition of "nonintoxicating beer",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2934 - "A Bill to amend and reenact §11-16-3 of the Code of West
Virginia, 1931, as amended, increasing the maximum alcohol level in the state definition of 'non-
intoxicating beer',"
And,
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 back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4023 - "A Bill to amend and reenact §17B-2-3a of the Code of West
Virginia, 1931, as amended; to amend and reenact §17B-3-6 of said code; and to amend and reenact
§18-8-11 of said code, all relating to requiring Driver's Eligibility Certificate for driver's license of
any student fifteen and less than eighteen years of age; issuance, denial and suspension; alternatives
for eligibility; exceptions; authorizations for release and receipt of certain private records; notices;
and hearings,"
With the recommendation that the committee substitutes each 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. 4195, 4196, 4197, 4244, 4203 and 4264, Authorizing the Department of Transportation
to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4244 - "A Bill to amend and reenact article 8, chapter 64 of the Code
of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules
by the Department of Transportation; legislative mandate or authorization for the promulgation of
certain legislative rules by various executive or administrative agencies of the Department of
Transportation; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to and recommended by the Legislative
Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to and recommended by the Legislative
Rule-Making Review Committee and as amended by the Legislature; authorizing the Commissioner
of Highways to promulgate a legislative rule relating to the construction and reconstruction of state
roads; authorizing the Commissioner of Highways to promulgate a legislative rule relating to traffic
and safety rules; authorizing the Commissioner of Highways to promulgate a legislative rule relating
to the use of state road rights of way and adjacent areas; authorizing the Commissioner of Highways
to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and
highways; authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the
examination and issuance of driver's licences; and authorizing the Division of Motor Vehicles to
promulgate a legislative rule relating to the disclosure of information from the files of the Division,"
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. 3188, Creating a means by which effectiveness of economic development incentives
can be measured,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3188 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5 and §5B-4-
6, all relating to creating measures to analyze effectiveness of economic development incentives;
requiring reporting; and requiring the department of commerce to promulgate legislative rules,"
With the recommendation that the committee substitute do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4314, Paying for veterans' grave markers where the U. S. government has denied the
application of the veteran,
H. B. 4341, Relating to payment of National Board for Professional Teaching Standards
salary bonus,
H. B. 4406, Relating to state board standards for the recommended duration of school bus
transportation times for students to and from school,
H. B. 4449, Allowing the Higher Education Policy Commission and WV Council for
Community and Technical College Education to enter into lease-purchase agreements,
And,
H. B. 4482, Allowing payments from the Parkways Authority to the Hatfield-McCoy
Regional Recreational Authority to continue past the nine-year limitation,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2739, Providing veterans' death certificates to families and funeral directors at no cost,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2739 - "A Bill to amend and reenact §59-1-10 of the Code of West
Virginia, 1931, as amended, relating to providing copies of a veteran's death certificate to families
at no cost,"
H. B. 4074, Creating an Office for Oral Health under the Bureau for Public Health and
authorizing a full time director,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4074 - "A Bill to repeal §16-41-7 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §16-41-2, §16-41-3, §16-41-4 and §16-41-6, all relating to
the establishment of the Office for Oral Health in the Bureau for Public Health, creation of a full
time director and the establishment of an advisory board and the responsibilities of the Office for
Oral Health,"
H. B. 4121, Authorizing the participation of local governments in a purchasing card program
to be administered by the Auditor,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4121 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto three new sections, designated §6-9-2a, §6-9-2b and §6-9-2c; to amend said code
by adding thereto a new section, designated §7-5-7a; and to amend and reenact §8-12-5 of said code,
all relating to authorizing the participation of local governments in a purchasing card program to be
administered by the Auditor as chief inspector of public offices; creating offenses and criminal
penalties,"
H. B. 4355, Allowing Hatfield-McCoy Regional Recreation Authority to retain civil penalties
imposed for violation of authority rules,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4355 - "A Bill to amend and reenact §20-14-8 of the Code of West
Virginia, 1931, as amended, relating to allowing the Hatfield-McCoy Regional Recreation Authority
to retain civil penalties imposed for violation of authority rules, for the benefit of the Hatfield-
McCoy Recreation Area,"
H. B. 4357, Extending the Neighborhood Investment Program Act and eligibility for tax
credits under the act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4357 - "A Bill to amend and reenact §11-13J-8 and §11-13J-9 of the
Code of West Virginia, 1931, as amended, relating to the Neighborhood Investment Program Act;
increasing the total maximum aggregate tax credit amount and extending the termination date of the
tax credit,"
H. B. 4420, Imposing corporate net income tax on certain regulated investment companies
and real estate investment trusts used as tax sheltering vehicles,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4420 - "A Bill to amend and reenact §11-24-3a of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§11-24-4b, all relating to corporate net income tax; terms defined; and taxes levied,"
And,
H. B. 4434, Establishing a higher education energy and water savings revolving loan fund,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4434 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18B-5-11, relating to creating the energy and water
savings revolving loan fund; requiring legislative rule; establishing fund administration criteria;
authorizing fund investment; and limiting uses of funds,"
With the recommendation that the committee substitutes each do pass.
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. 4495, Limiting the use of the titles "registered nurse", "nurse practitioner", and "nurse"
to certain qualified individuals,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4495 - "A Bill to amend and reenact §3-7-10 of the Code of West
Virginia, 1931, as amended, and to amend and reenact §30-7A-2 of said code, all relating to limiting
the use of the titles of nurses,"
With the recommendation that the committee substitute do pass.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor,
advising that on February 14, 2008, he approved H. B. 2517 and Com. Sub. for H. B. 4147; and on
February 19, 2008, he approved S. B. 459.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 4327, Relating to charitable bingo and updating the maximum wage
allowed to reflect changes in state minimum wage.
On motion of Delegate DeLong, the bill was taken up for immediate consideration.
The following Senate amendment to the title was reported by the Clerk:
Com. Sub. for H. B. 4327- "A Bill to amend and reenact §47-20-12a of the Code of West
Virginia, 1931, as amended; and to amend and reenact §47-21-12 of said code, all relating to
charitable bingo and charitable raffles; amending the range of compensation which may be paid to
operators of charitable bingo and charitable raffles; and amending the range of compensation which
may be paid to concession workers."
On motion of Delegate DeLong, the House of Delegates concurred in the Senate amendment
to the title.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 76), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Mahan.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4327) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
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. 145 - "A Bill to amend and reenact §55-7-22 of the Code of West
Virginia, 1931, as amended, relating to clarifying that reasonable and proportionate force may be
used to protect one's self or another from an intruder or attacker while lawfully in one's residence
or that of another; codifying the common law doctrine that a lawful occupant within a home or
residence has no duty to retreat from an intruder or attacker; clarifying that the use of reasonable and
proportionate force, including deadly force, may be used against an intruder or attacker by one not
engaged in unlawful activity in any place other than a home or residence where the person reasonably
believes the intruder or attacker intends to kill or inflict serious bodily harm; establishing that use
of reasonable and proportionate force to defend oneself is a full and complete defense civilly to an
action brought by an intruder or attacker based upon the use of such force; and exceptions"; 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
Com. Sub. for S. B. 201 - "A Bill to amend and reenact §5-10A-2, §5-10A-3, §5-10A-4, §5-
10A-5, §5-10A-6, §5-10A-7 and §5-10A-8 of the Code of West Virginia, 1931, as amended, all
relating to disqualification for public retirement benefits; adding the definition of former participant;
providing for termination of retirement benefits in all public retirement plans of former and present
participants who have rendered less than honorable service; and providing for retention of vested
employer contributions for members of the Teachers' Defined Contribution Retirement System whose benefits are terminated for less than honorable service"; 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
Com. Sub. for S. B. 207 - "A Bill to amend and reenact §7-14D-7, §7-14D-9c, §7-14D-14,
§7-14D-15, §7-14D-16, §7-14D-23, §7-14D-24 and §7-14D-30 of the Code of West Virginia, 1931,
as amended, all relating to the Deputy Sheriff Retirement System Act; correcting errors; permitting
rollovers of any dollar amount; providing for an onset date for disability retirement benefits;
providing for termination of disability retirement benefits of a retirant who refuses to submit to a
medical examination or provide a certification statement by his or her physician of continued
disability; removing option for term insurance to repay loan; providing for subsequent loan on
repayment of prior loan; clarifying eligibility requirements of certain sheriffs; and permitting
collection of fees for late payment from employers"; which was referred to the Committee on
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
Com. Sub. for S. B. 208 - "A Bill to amend and reenact §5-10C-3, §5-10C-4 and §5-10C-5
of the Code of West Virginia, 1931, as amended, all relating to government employees retirement
plans; adding the West Virginia Emergency Medical Services Retirement System to, and clarifying
that all other retirement systems administered by the Consolidated Public Retirement Board are included in, the definition of retirement systems for purposes of the employer pick-up provisions;
clarifying that all participating public employers in retirement systems covered by this article are
included in the definition of participating public employer; and setting forth requirements for
member contributions to be picked up for federal tax purposes by participating public employers in
retirement systems covered by this article in accordance with revised guidance relating to same from
the Internal Revenue Service"; 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
Com. Sub. for S. B. 301 - "A Bill to amend and reenact §15-2A-2, §15-2A-3, §15-2A-4,
§15-2A-5, §15-2A-6, §15-2A-6a, §15-2A-6c, §15-2A-6d, §15-2A-7, §15-2A-8, §15-2A-9,
§15-2A-10, §15-2A-11, §15-2A-11a, §15-2A-11b, §15-2A-12, §15-2A-13, §15-2A-14, §15-2A-15,
§15-2A-17 and §15-2A-19 of the Code of West Virginia, 1931, as amended, all relating to the West
Virginia State Police Retirement Fund; adding, deleting and modifying definitions; specifying the
title of West Virginia State Police Retirement System; clarifying the usage of the terms 'employee',
'member' and 'retirant or retiree' as defined; clarifying the usage of the terms 'fund', 'plan', 'system'
or 'retirement system' as defined; clarifying the usage of the term 'base salary' as defined; clarifying
the usage of the term 'agency' as defined; eliminating minimum required eligible direct rollover
distributions paid directly to an eligible retirement plan; allowing distributions totaling less than two
hundred dollars within the definition of 'eligible rollover distribution'; clarifying the usage of the
term 'surviving spouse' as defined; clarifying surviving spouse payments when calculating the pro rata share of annuity adjustments; specifying the time frame that a retirant may receive deferred
annuity payments; clarifying the age requirement for a retirant receiving a duty disability annuity;
requiring the base salary of a member receiving a duty disability annuity to be annualized until the
member has worked twelve months; specifying the title of the West Virginia Insurance Commission;
clarifying the time frame for which a duty disability retirant receives a retirement benefit; specifying
that disability petitions certify the job description of an employee applying for a disability retirement;
specifying the time frame for receipt of awards and benefits to dependents of deceased employees;
clarifying that death awards and benefits be calculated for the last full twelve-month employment
period; requiring that death awards and benefits be paid to a named beneficiary or to the estate of the
deceased member if there is no surviving spouse or dependents; eliminating duplicate language
referring to a single receipt of state retirement benefits; and adding provisions specifying the time
frame for receipt of beneficiary payments"; which was referred to the Committee on 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
Com. Sub. for S. B. 545 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto two new sections, designated §11-10-5z and §11-10-7d; to amend and reenact
§11-12-5 of said code; to amend said code by adding thereto a new section, designated §11-15-9j;
to amend and reenact §11-15-16 of said code; and to amend and reenact §11-21-74 of said code, all
relating to tax administration efficiency and technical advancements; requiring electronic filing of
tax returns when the taxpayer meets a certain threshold amount of taxes due; authorizing combined
tax assessments; authorizing promulgation of rules to determine the application of partial payments of taxes; authorizing the limitation on assessments to apply separately to each tax in a combined
assessment; authorizing the recordation of one lien for all taxes in a combined assessment; allowing
assertion of the consumers sales and use tax exemptions authorized under section nine-i, article
fifteen, chapter eleven of the Code of West Virginia to be asserted by use of a direct pay permit;
prohibiting filing incomplete business registration certificate; specifying the time period for which
the business registration certificate is granted; specifying authority of the Tax Commissioner to
suspend or cancel certificate; eliminating the periodic biennial business registration certificate
renewal requirement; specifying a penalty applied upon issuance, renewal or reinstatement of the
business registration certificate pursuant to involuntary cancellation, revocation or suspension of the
business registration certificate; prohibiting filing incomplete returns for consumers sales and service
tax and use tax; requiring the Tax Commissioner to design a combined reporting form; requiring
taxpayers to use the form specified by the Tax Commissioner; authorizing the Tax Commissioner
to promulgate necessary rules; and prohibiting filing incomplete filing of withholding tax returns";
which was referred to the Committee on 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
Com. Sub. for S. B. 596 - "A Bill to repeal §11-15B-16 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-2b, §11-15B-10,
§11-15B-11, §11-15B-12, §11-15B-14, §11-15B-14a, §11-15B-15, §11-15B-18, §11-15B-19,
§11-15B-20, §11-15B-24, §11-15B-25, §11-15B-26, §11-15B-27, §11-15B-28, §11-15B-30 and
§11-15B-32 of said code, all relating to Streamlined Sales and Use Tax Agreement and the West Virginia consumers sales and service tax and use tax; defining terms; specifying applicable dates;
specifying procedures; providing relief from liability in specified circumstances; specifying certain
sourcing rules; specifying interpretation; specifying discovery criteria; specifying monetary
allowance criteria; and specifying effective date"; to the Committee on 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. 673 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State
Fund, General Revenue, to the Department of Health and Human Resources - Division of Human
Services, fund 0403, fiscal year 2008, organization 0511, by supplementing and amending the
appropriations for the fiscal year ending the thirtieth day of June, two thousand eight"; which was
referred to the Committee on 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. 674 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund,
General Revenue, to the Department of Administration - Office of the Secretary, fund 0186, fiscal
year 2008, organization 0201, and to the Department of Military Affairs and Public Safety -
Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year
2008, organization 0601, by supplementing and amending chapter twelve, Acts of the Legislature, regular session, two thousand seven, known as the Budget Bill"; which was referred to the
Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 8 - "Requesting the Division of Highways name bridge number 41-64-123.03
(3387)in Beaver, Raleigh County, the 'Major Jeff L. Davis Memorial Bridge'."
Whereas, Jeff L. Davis was born December 13, 1946, in Fayette County; and
Whereas, Jeff L. Davis served his nation as member of the United States Army from July
2, 1964, through April 10, 1967. He was stationed at Fort Bragg, North Carolina, Fort Jackson,
South Carolina, the Dominican Republic and Vietnam and was honorably discharged at the rank of
Sergeant; and
Whereas, Jeff L. Davis was a member of the 18th Cadet Class of the West Virginia State
Police Academy and graduated in May, 1968; and
Whereas, Jeff L. Davis received a Bachelor of Arts in Criminal Justice from West Virginia
State College in 1979; and
Whereas, Jeff L. Davis retired at the rank of Major from the West Virginia State Police in
August, 1994, after serving 26 years and three months; and
Whereas, Sadly, while serving in the position of Deputy Director of the Public Service
Commission's Transportation Division, the career of Jeff L. Davis was cut short by his death on
January 9, 2006; and
Whereas, Jeff L. Davis is survived by his wife Peggy Ann Davis, sons Jeff and Jeffrey and
grandson Cass; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 41-64-123.03
(3387) in Beaver, Raleigh County, the "Major Jeff L. Davis Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Major Jeff L. Davis Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and the family of Jeff L. Davis.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 18 - "Requesting the Division of Highways name bridge number 02-13-1.56 (4913)
in Martinsburg, Berkeley County, the 'Dr. C. Vincent Townsend, Sr., Bridge'."
Whereas, C. Vincent Townsend, Sr., was born in Martinsburg, Berkeley County, on May
25, 1923, the son of Clarence William and Roxie Mae Townsend; and
Whereas, C. Vincent Townsend, Sr., graduated from Martinsburg High School, Potomac
State College, West Virginia University and the Medical College of Virginia. Dr. Townsend served
as a physician in the United States Navy at the Portsmouth Naval Hospital and on the USS
Adirondack, an amphibious command ship, during the Korean War; and
Whereas, Dr. Townsend has practiced internal medicine and cardiology for more than 40 years in his hometown of Martinsburg; and
Whereas, Dr. Townsend was awarded the West Virginia State Medical Association
"Physician of the Year Award" in 2000. He helped establish the local Heart Association, a pediatric
heart clinic and the Shriner's Hospital Evaluation and Fund drives. He also acted as a cardiology
consultant at the local Veterans' Administration Hospital. Former Governor Jay Rockefeller
appointed Dr. Townsend as Medical Director of Emergency Medical Services in regions eight and
nine and, in this capacity, he participated in the establishment of the 911 service and a paramedic
training program; and
Whereas, Dr. Townsend has served as Master of his local Freemason Lodge in Martinsburg
and is a past Grandmaster of the Grand Lodge of West Virginia. He has enjoyed a long and active
membership in the local Rotary Club. Other positions and affiliations include the presidency of
King's Daughter's Hospital and City Hospital staff, Eastern Panhandle Medical Society, Eastern
Panhandle Heart Association, Junior Board of Trade, Eastern Panhandle Shrine Club, Burke Street
School PTA and Medical College of Virginia Valley Chapter and West Virginia Chapter. He is past
Director of the local Chamber of Commerce, the West Virginia Heart Association, Old National
Bank and One Valley Bank and Director Emeritus of Branch Banking and Trust. He has been a
member of the Sons of the American Revolution, Elks, Sons of Confederate Veterans, American
Legion and numerous other organizations, not the least of which is the Exhausted Roosters which,
in 1972, gave him honor by naming him the Exuberant Gizzard of the Exhausted Roosters; and
Whereas, Dr. Townsend and his wife of 57 years, Sarah Francis, have three sons: Clarence
Vincent Townsend, Jr., a hospital administrator, Gary Miles Townsend, a physician and attorney,
and Robin Wade Townsend, a doctor of veterinary medicine. Dr. Townsend and his wife also have seven grandchildren; and
Whereas, Dr. Townsend has devoted his life and energies to his family, his medical
profession, his patients, his community, the State of West Virginia and his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 02-13-1.56 (4913)
in Martinsburg, Berkeley County, the "Dr. C. Vincent Townsend, Sr., Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Dr. C. Vincent Townsend, Sr., Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to Dr. C. Vincent Townsend, Sr.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 22 - "Requesting the Division of Highways name bridge number 17-NO310-0.09
(2930) located at the east end of Main Street in Clarksburg, Harrison County, presently known as
the Industrial Bridge, the 'PFC Hotty Herrick Bridge'."
Whereas, Clarence C. "Hotty" Herrick was born on July 4, 1923, in Clarksburg, Harrison
County, and graduated from Roosevelt High School in 1942 where he excelled in sports; and
Whereas, Hotty Herrick was determined to serve his country. Despite being rejected from
enlistment in the Marines due to poor vision, he persevered and joined the Army in Company F as
a Private First Class (PFC), 1st Ranger Battalion; and
Whereas, Hotty Herrick served his country honorably, making the ultimate sacrifice of his
life during the Allies' advance from Naples to Rome in 1943; and
Whereas, Had it not been for Hotty Herrick volunteering to take the place of a married man
with children on that fatal mission, he might have returned to his home and family; and
Whereas, Hotty Herrick was awarded two Purple Hearts for his valiant service and it is
fitting and proper to memorialize his life by naming the Industrial Bridge for him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 17-NO310-0.09
(2930) located at the east end of Main Street in Clarksburg, Harrison County, presently known as
the Industrial Bridge, the "PFC Hotty Herrick Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "PFC Hotty Herrick Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to the Mayor and City Council
of the City of Clarksburg.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 30 - "Requesting the Division of Highways name a section of Interstate 70 in
Wheeling, Ohio County, from Washington Avenue Exit 2B to Elm Grove Exit 5, the 'Doc and
Chickie Williams Country Music Royal Couple Highway'."
Whereas, Doc and Chickie Williams were married in 1939 and are known as "Country
Music's Royal Couple"; and
Whereas, Doc and Chickie Williams, during their 50-year-plus country music careers,
toured in over 6,000 towns throughout the northeastern United States and eastern Canada, along with
two tours to Great Britain; and
Whereas, Doc Williams joined the "World's Original WWVA Jamboree" in 1937, later
known as "Jamboree USA", which aired on Saturday nights and was heard from Maine to Florida
and throughout eastern Canada; and
Whereas, Doc Williams has received numerous awards such as being recognized by the
Governor of West Virginia in 1971 as "West Virginia's Official Country Music Ambassador of
Goodwill" and at the age of 93 holds the distinction of being Jamboree USA's oldest living member;
and
Whereas, Chickie Williams, in 1949, put out the original hit record "Beyond the Sunset",
which included the narration "Should You Go First and I Remain", which established her as one of
country music's finest female singers; and
Whereas, Doc and Chickie Williams have given generations to come a fine example to
follow through their clean wholesome family-style shows and their traditional country music songs.
It is fitting that the section of Interstate 70 in Wheeling, Ohio County, from Washington Avenue Exit
2B to Elm Grove Exit 5, be named the "Doc and Chickie Williams Country Music Royal Couple
Highway"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a section of Interstate 70 in Wheeling, Ohio County, from Washington Avenue Exit 2B to Elm Grove Exit 5, the "Doc and
Chickie Williams Country Music Royal Couple Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the highway as the "Doc and Chickie Williams Country Music Royal Couple
Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to Doc and Chickie Williams.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 37 - "Requesting the Division of Highways name bridge number 51-20-29.57
(920.1) at the intersection of Route 15 and Route 20 in Diana, Webster County, the 'David Daniel
Hamrick Memorial Bridge'."
Whereas, David Daniel Hamrick was a life-long resident of the Diana community where
he served as a volunteer firefighter with the Diana Volunteer Fire Department; and
Whereas, David Daniel Hamrick was a soldier who served honorably with the West
Virginia National Guard; and
Whereas, David Daniel Hamrick was a community-minded individual who diligently and
selflessly responded to the many needs of others during his countless hours involved with flood relief
efforts throughout the state; and
Whereas, As a result of his many talents and skills as both a firefighter and soldier, David Daniel Hamrick was always looking to help his fellow man and greatly improved the quality of life
for all those whose lives he touched; and
Whereas, David Daniel Hamrick died in an automobile accident on September 5, 1999;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 51-20-29.57
(920.1) at the intersection of Route 15 and Route 20 in Diana, Webster County, the "David Daniel
Hamrick Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "David Daniel Hamrick Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to David Daniel Hamrick's father, Jerry F. Hamrick, the Secretary of the Department of
Transportation, the Adjutant General of the West Virginia National Guard and the Commander of
the Diana Volunteer Fire Department.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 38 - "Requesting the Division of Highways name bridge number 20-119-11.34
(3190) on U. S. Route 119, between mile markers 73 and 74, crossing Trace Fork in Kanawha
County the 'Private Clinton Griffith and Staff Sergeant Jack Griffith Memorial Bridge'."
Whereas, Clinton Griffith was a private in the U. S. Army and served with the 134th Infantry, 35th Division during World War II; and
Whereas, Clinton Griffith, married to his wife Reba and father of two sons, Charles and
Robert Lee, was one of five brothers to serve in the armed forces; and
Whereas, Sadly, Clinton Griffith died on January 12, 1945, at the Grand Duchy of
Luxembourg and is buried at the American cemetery in Luxembourg; and
Whereas, Clinton Griffith was awarded the Purple Heart and the Bronze Star for making
the ultimate sacrifice for his country; and
Whereas, Jack Griffith joined the 1st Platoon, D Company, 157th Infantry Regiment, 45th
Division during World War II; and
Whereas, Jack Griffith was seriously wounded during the Anzio Beachhead Operation and
was later captured by the Germans and held as a Prisoner of War in Stalag 10B, 10C and 12A until
liberated at the end of the war; and
Whereas, During his tour of duty, Jack Griffith achieved the rank of Staff Sergeant and was
awarded the Combat Infantry Badge, the Bronze Star, multiple Purple Hearts, the POW medal, the
Good Conduct medal, the American Campaign Medal, the European-African Middle East Ribbon
with multiple Campaign Stars, the American Defense Service Medal with multiple Bronze
Arrowhead devices for Combat Beach Landings. He was also awarded the European Theater
Occupation Ribbon and the Diploma of Recognition from the Consulate General of France;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 20-119-11.34
(3190) on U. S. Route 119, between mile markers 73 and 74, crossing Trace Fork in Kanawha County the "Private Clinton Griffith and Staff Sergeant Jack Griffith Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Private Clinton Griffith and Staff Sergeant Jack Griffith
Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to the families of Clinton and
Jack Griffith.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 39 - "Requesting the Division of Highways name bridge number 24-7/8-0.23
crossing over the Tug River at Hemphill, McDowell County, the 'Charles Spencer Bridge'."
Whereas, Charles Spencer was born March 15, 1929, the son of the late T. R. and Mable
Spencer; and
Whereas, Charles Spencer married Betty Jane Hale, with whom he shared the joy of having
four children: Teresa, Charles II, Gordon and James; and
Whereas, Charles Spencer entered the U. S. Army in 1945 and is a veteran of World War
II and the Korean War and was released from active duty in 1954; and
Whereas, Charles Spencer returned to Welch and worked for W. B. Swope until 1968. He
worked for U. S. Steel Mining Company from 1968 until his retirement in 1987; and
Whereas, Charles Spencer is a longtime member of the American Legion Post 8, having been there since 1954 and serving in various positions; and
Whereas, Charles Spencer is also a member of the Welch Lions Club, where he served as
a President and is a past member of the V. F. W Post 8413; and
Whereas, It is fitting to honor Charles Spencer for his service to his community, state and
country by naming bridge number 24-7/8.023 crossing over the Tug River at Hemphill, McDowell
County, the "Charles Spencer Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 24-7/8-0.23
crossing over the Tug River at Hemphill, McDowell County, the "Charles Spencer Bridge"; and, be
it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Charles Spencer Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and Charles Spencer.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 40 - "Requesting the Division of Highways name bridge number 06-60/1-0.63
(2099) located in Cabell County the 'Phyllis E. Given Memorial Bridge'."
Whereas, Phyllis E. Given was born on July 12, 1920, in Pomeroy, Ohio, and received her
education in the public schools of Meigs County, Ohio, Columbus Business College and Morris Harvey College; and
Whereas, Phyllis E. Given was married December 25, 1946, to the late Harold C. Given,
with whom she shared the joy of having two children, Barbara Lynn and Harold Edward; and
Whereas, Phyllis E. Given was a former member of the West Virginia House of Delegates
and the Cabell County Commission; and
Whereas, Phyllis E. Given was the only woman in the Legislature to serve from two
different counties in two separate terms. She served from 1970 to 1974 representing Kanawha
County and from 1980 to 1988 representing Cabell County; and
Whereas, Phyllis E. Given was a successful businesswoman and held many positions within
the community, including Kentucky Colonel, Who's Who in American Women, Who's Who in the
World and Vice President of the West Virginia Federation of Democratic Women; and
Whereas, Sadly, Phyllis E. Given passed away in 1996 in Charleston, Kanawha County; and
Whereas, It is fitting to honor Phyllis E. Given for her service to her community and state
by naming bridge number 06-60/1-0.63 (2099) located in Cabell County the "Phyllis E. Given
Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 06-60/1-0.63
(2099) located in Cabell County the "Phyllis E. Given Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Phyllis E. Given Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and the family of Phyllis E. Given.
Resolutions Introduced
Delegates Browning, Kessler, Long, Pino, Perry, Hrutkay, Sumner, Kominar, H. White,
Porter, Rodighiero, Eldridge, Frederick, Burdiss, Moye, Staggers and Ellis offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 61 - "Requesting the Joint Committee on Government and Finance to study the
development of an intermodal transportation facility to promote economic development in Southern
West Virginia."
Whereas, The United States of America is in an economic transition with respective local,
national, and global economics; and
Whereas, Improved telecommunications along with an enhanced global supply chain have
improved our expanding markets; and
Whereas, The changing economy in America is reflected by an international trade growth
from 7% in 1970 to a projected 50% growth by 2050, with domestic trade increasing two-thirds by
2020, and international flows doubling by 2020; and
Whereas, In 1970 one million containers went through America's ports with an estimated
one hundred million containers estimated to pass through these same ports by 2050; and
Whereas, America's trading partners in the coming years will be accessed mainly through
the Eastern ports with several locations nationwide having completed or in the planning or
developmental stages for inland ports such as in Prichard, West Virginia; and
Whereas, The Appalachian Regional Commission believes this is a chance to create jobs
and promote economic development in a poor region via a network of mountain inland ports as
businesses flock to areas around facilities already established; and
Whereas, Southern West Virginia has one of the most extensive railway systems in the
United States. Coal and timber are already being shipped out of West Virginia by rail one-way and
by establishing a distribution center for goods and materials arriving from overseas could provide
for two-way shipping thus reducing costs; and
Whereas, Existing or planned four lane highways in Southern West Virginia will aid in the
effort to establish an Intermodal Transportation Facility; and
Whereas, United States Congressman Nick Rahall has funded the Beckley Intermodal
Gateway Project. When completed, the "Gateway" project will enhance economic development,
improve local transportation, provide for a revitalization of Southern West Virginia, and serve as an
anchor for larger intermodal projects; and
Whereas, The Appalachian Regional Commission's mission is to be a strategic partner and
advocate for sustainable community and economic development in Appalachia as it supports Tactical
Multi-Modal Investment; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
development of an intermodal transportation facility to promote economic development in Southern
West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, two thousand nine, on its findings, conclusions and recommendations
together with drafts of legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegate Ashley offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 62 - "Requesting that bridge number 44-36-29.05 located on Route 36, one fourth
mile south of the intersection of Route 36 and Route 119 just south of the city of Spencer, in Roane
County, West Virginia, be named the 'Lt. Charles O. Hardman and Sgt. Gale Franklin Keen
Bridge'."
Whereas, Lt. Hardman and Sgt. Keen both served their country and the State of West
Virginia in combat during World War II, and
Whereas, Lt. Hardman and Sgt. Keen are both native West Virginians who left their homes
and families to defend their country and keep their fellow citizens safe; and
Whereas, Both Lt. Hardman and Sgt. Keen served honorably and were honorably discharged
after risking their lives in combat; and
Whereas, Both Lt. Hardman and Sgt. Keen returned to Roane County and raised their
families and were productive citizens of the State of West Virginia, that it is only fit and proper to
honor them in their home area by naming a bridge in their honor to commemorate their courageous
service and as a small token of gratitude for their sacrifices; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 44-36-29.05
located on Route 36, one fourth mile south of the intersection of Route 36 and Route 119 just south
of the city of Spencer, in Roane County, West Virginia, the City of Spencer, in Roane County, West
Virginia, be named the "Lt. Charles O. Hardman and Sgt. Gale Franklin Keen Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of said bridge, containing bold and
prominent letters proclaiming the bridge to be the "Lt. Charles O. Hardman and Sgt. Gale Franklin
Keen Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways, the Mayor and City Council of the City
of Spencer, and to the families of Lt. Charles O. Hardman and Sgt. Gale Franklin Keen.
Petitions
Mr. Speaker, Mr. Thompson, presented a petition on behalf of residents of the State,
opposing any proposed changes to royalty based oil and gas leases; which was referred to the
Committee on the Judiciary.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, was reported
by the Clerk and adopted:
Com. Sub. for H. C. R. 39, The Green Beret Sgt. Jackie L. Waymire Memorial Bridge,
H. C. R. 44, Urging legislative support of communities who are committed to delivering the
five fundamental resources of America's Promise to West Virginia's youth,
H. C. R. 51, The William Arnett Wills Memorial Bridge,
H. C. R. 52, Requesting that the Joint Committee on Government and Finance authorize the
study of the creation of a new retirement system for correctional officers,
And,
H. C. R. 54, The PFC Michael J. Slater Memorial Bridge.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
Com. Sub. for H. B. 3056, Authorizing pharmacists to administer immunizations; on third
reading, coming up in regular order, with the right to amend, was, on motion of Delegate DeLong,
laid over one day.
Com. Sub. for H. B. 4124, Adding CPR and First Aid training to the health education
curriculum in secondary schools; 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. 77),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4124) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4138, Relating to rule making requirements of the Department of
Health and Human Services; 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. 78),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4138) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4139, Relating to licensing persons using bioptic telescopic devices to
operate a motor vehicle; 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. 79),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub for H. B. 4139) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4524, Relating generally to the ethical standards of public officers,
employees and lobbyists; 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. 80),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4524) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 4026, Restricting public access to concealed weapons permit records,
Com. Sub. for H. B. 4129, Establishing a special license for health care professionals who
are retired and are donating their expertise in a clinic setting and providing such persons immunity
from civil liability,
Com. Sub. for H. B. 4299, Relating to requirements for firefighter applicants,
Com. Sub. for H. B. 4303, Clarifying disciplinary cases, investigations, hearings, injunctions
and penalties for the Board of Acupuncture,
Com. Sub. for H. B. 4333, Relating to requiring an insurance company to withhold a
specified amount from insurance proceeds to cover costs of fire cleanup of a structure,
Com. Sub. for H. B. 4407, Requiring automatic tire chains as standard equipment on all new
school buses,
Com. Sub. for H. B. 4487, Prohibiting public disclosure of the social security number of any
person named or disclosed in a motor vehicle accident report,
Com. Sub. for H. B. 4496, Providing opportunities for members of the Teachers' Defined
Contribution Retirement System to the State Teachers Retirement System,
And,
Com. Sub. for H. B. 4500, Providing qualified entities access to the West Virginia Central
Abuse Registry.
Com. Sub. for H. B. 4515, Relating to reports by health care providers of persons
incompetent to drive an automobile ; on second reading, coming up in regular order, was read a
second time.
On motion of Delegate Webster, the bill was amended on page four, line forty-five, after the
semicolon by inserting the word "and",
On page four, line forty-seven, by striking out the words "of Motor Vehicles",
And,
On page four, line forty-nine, by striking out the words "if the patient continues to operate
a motor vehicle against medical advice".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4552, Relating to water utility rates; on second reading, coming up in
regular order, was read a second time.
At the request of Delegate DeLong, and by unanimous consent, the bill was advanced to third
reading and the rule was suspended to permit the offering and consideration of amendments on third
reading.
First Reading
S. B. 263, Updating certain code provisions relating to Division of Corrections; on first
reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Delegate DeLong, the bill (S. B. 263) was then recommitted to the Committee on the Judiciary.
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2930, Providing that an applicant for a farm use exemption certificate may not be
required to appear before any assessor for renewal,
Com. Sub. for H. B. 4018, Renewing the West Virginia Small Business Linked Deposit
Program,
Com. Sub. for H. B. 4047, Prohibiting the use of cell phone and text-messaging devices
while operating a motor vehicle except when using a hands-free device or in the case of an
emergency,
H. B. 4080, Relating to funds held for charitable purposes by nonprofit, charitable
institutions,
Com. Sub. for H. B. 4287, Clarifying that certain funds are authorized investments for funds
of political subdivisions,
And,
H. B. 4490, Finding and declaring certain claims against the state and its agencies to be moral
obligations of the state.
Remarks by Members
Delegate Stephens asked and obtained unanimous consent that the remarks of Delegate
Perdue regarding drug addiction and the need for drug rehabilitation in West Virginia be printed in
the Appendix to the Journal.
Miscellaneous Business
Delegate Moore announced that he was absent on February 18and 19, 2008 when the votes
were taken on Roll Nos. 68 through 75, and that had he been present, he would have voted "Yea"
thereon.
At 12:09 p.m, on motion of Delegate DeLong, the House of Delegates recessed until 5:00
p.m., and reconvened at that time.
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Evening Session
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At the request of Delegate DeLong, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman Kominar, 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. 4557, Relating to continuing education for insurance producers,
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (H. B. 4557) to the Committee on the
Judiciary was abrogated.
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:
S. B. 217, Reducing compliance time for nonresident traffic violations,
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 (S. B. 217) 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:
S. B. 242, Allowing point deduction for certain licensees attending defensive driving class,
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 (S. B. 242) was referred to
the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4553, Authorizing a part-time prosecuting attorney to elect to be full-time if the State
Auditor determines there is sufficient funding,
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. 4553) was referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4532, Authorizing the county sheriff to charge a fee for conducting drug screens for
the Department of Health and Human Resources,
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. 4532) was referred to
the Committee on Finance.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leave of absence for the day
was granted Delegate Mahan.
At 5:10 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 21,
2008.