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Thursday, January 25, 2007
SIXTEENTH DAY
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, January 24, 2007, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your Committee on Agriculture and Natural has had under consideration:
H. B. 2126, Exempting land-based finfish from aquaculture facilities from certain sludge
management requirements,
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. 2126) was referred to
the Committee on the Judiciary.
Vice Chairman Argento, from the Committee on Agriculture and Natural Resources,
submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2206, Prohibiting a person not the owner of a dog from removing tags, collars or
apparel from a dog without the permission of the owner,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2206) was referred to
the Committee on the Judiciary.
Vice Chairman Argento, from the Committee on Agriculture and Natural Resources,
submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2078, Clarifying the procedure for tagging bear, bobcats, deer and wild turkey taken
while hunting,
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. 2078) was referred to
the Committee on the Judiciary.
Messages from the Senate
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 Congress enact legislation providing for the issuance of a
commemorative coin in 2008 to celebrate the 100th anniversary of Mother's Day."
Whereas, The holiday known as Mother's Day was founded by Anna Jarvis in Grafton,
Taylor County, in 1908; and
Whereas, Anna Jarvis was instrumental in seeing that the first official Mother's Day service
was held at Andrews Methodist Episcopal Church on May 10, 1908; and
Whereas, Following the first service, Anna Jarvis dedicated her life to spreading the beliefs
of Mother's Day throughout the world; and
Whereas, West Virginia became the first state to officially recognize Mother's Day as a
holiday upon proclamation by Governor William Glasscock; and
Whereas, Mother's Day services have been held at Andrews Methodist Episcopal Church
every year since 1908. The church has been declared the "Mother Church of Mother's Day" and is
listed in the National Register of Historic Places. The church became the International Mother's Day
Shrine when it was incorporated on May 15, 1962; and
Whereas, With the upcoming 100th anniversary of Mother's Day in 2008, it is fitting that
this holiday be commemorated by issuance of a coin by the United States Mint; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests Congress to enact legislation providing for the issuance
of a commemorative coin in 2008 to celebrate the 100th anniversary of Mother's Day; and, be it
Further Resolved, That the legislation contain provisions that the obverse of the
commemorative coin should carry the image of Anna Jarvis, the founder of Mother's Day, and that
the reverse of the commemorative coin should carry the image of the International Mother's Day
Shrine in Grafton, Taylor County; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to West Virginia's congressional delegation, the President of the United States, the United
States Secretary of the Treasury, the Citizens Coinage Advisory Committee within the United States
Department of the Treasury and the Board of Trustees of the International Mother's Day Shrine
Foundation, Inc.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2105, Extending the expiration date of provisions permitting retired teachers to accept
employment as substitutes in areas of critical need and shortage for an unlimited number of days
without affecting retirement benefits.
Resolutions
Delegates Moore, Beach, Boggs, Brown, Cann, Caputo, Craig, DeLong, Doyle, Eldridge,
Ellem, Ellis, Ennis, Fleischauer, Fragale, Hamilton, Hrutkay, Hutchins, Kessler, Klempa, Kominar,
Long, Marshall, Miley, Morgan, Moye, Pethtel, Pino, M. Poling, Reynolds, Rodighiero, Shook,
Stephens, Swartzmiller, Tabb, Tucker, Varner, White, Wysong and Yost offered the following
resolution, which was reported by the Clerk:
H. R. 12 - "Designating January 25, 2007, as 'Community Action Day'."
Whereas, Community action agencies in the Mountain State work to assist low-income
West Virginians; and
Whereas, Community action agencies try to find the causes of poverty and how to achieve
self-sufficiency; and
Whereas, These community action agencies have been serving low-income families
throughout our fifty-five counties for more than thirty-five years; and
Whereas, Community action agencies conduct programs to meet the needs of low-income
West Virginians; and
Whereas, These programs consist of Head Start, weatherization, housing, energy assistance,
home rehabilitation, job training and placement, nutrition for the elderly and children, counseling,
health, education welfare reform, family mentoring and many others, and
Whereas; Community action agencies, in partnerships with elected officials, the private
sector and the citizens of West Virginia, continue to identify low-income conditions and pursue
solutions therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 25, 2007 as "Community Action
Day"; and, be it
Further Resolved, That the House of Delegates invites all members of the West Virginia
Legislature and all citizens fo West Virginia to join in recognizing the value and importance of
community action programs in West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward
a copy of this resolution to the West Virginia Community Action Partnership.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 12) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Hatfield, Iaquinta, Miley, Swartzmiller, Talbott, Yost, Schoen and
Walters:
H. B. 2527 - "A Bill to repeal §30-1A-2a of the Code of West Virginia, 1931, as amended;
and to amend and reenact §30-1A-2, §30-1A-3, §30-1A-4, §30-1A-5 and §30-1A-6 of said code, all
relating to sunrise law; requiring applications for substantial revision or expansion of the scope of
practice of regulated professions and occupations; clarifying duties of the Joint Standing Committee
on Government Organization; modifying the criteria to be considered in the decision to regulate a
profession or occupation; and clarifying the procedure for an acceptance and denial of an
application"; to the Committee on Government Organization.
By Delegates Ennis, Talbott and Blair:
H. B. 2528 - "A Bill to amend and reenact §30-6-32 of the Code of West Virginia, 1931, as
amended, relating to continuation of the Board of Embalmers and Funeral Directors"; to the
Committee on Government Organization.
By Delegates Hatfield, Iaquinta, Miley, Swartzmiller, Talbott, Yost, Schoen and
Walters:
H. B. 2529 - "A Bill to repeal §4-10-4a, §4-10-5a, §4-10-5b, §4-10-6a, §4-10-10a and §4-10-11a of the Code of West Virginia, 1931, as amended; and to amend and reenact §4-10-1, §4-10-2,
§4-10-3, §4-10-4, §4-10-5, §4-10-6, §4-10-7, §4-10-8, §4-10-9, §4-10-10, §4-10-11, §4-10-12, §4-
10-13 and §4-10-14 of said code, all relating to the West Virginia Performance Review Act; updating
the legislative findings and definitions; continuing the Joint Committee on Government Operations;
updating powers and duties of the Joint Committee on Government Operations and the Joint
Committee on Government Organization; requiring department presentations; establishing a new
agency review procedure and schedule; establishing a new regulatory board review procedure and
schedule; authorizing compliance reviews; clarifying termination procedures; providing that agencies
do not terminate pursuant to prior enactments; and clarifying when regulatory boards terminate"; to
the Committee on Government Organization.
By Delegates Barker, Iaquinta, Manchin, Miley, Perdue, Yost, Porter, Romine, Rowan
and Schoen:
H. B. 2530 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §30-44-1, §30-44-2, §30-44-3, §30-44-4, §30-44-5, §30-44-6, §30-
44-7, §30-44-8, §30-44-9, §30-44-10, §30-44-11, §30-44-12, §30-44-13, §30-44-14, §30-44-15, §30-
44-16, §30-44-17, §30-44-18, §30-44-19, §30-44-20, §30-44-21 and §30-44-22, all relating to the
practice of marriage and family therapy"; to the Committee on the Judiciary.
By Delegates Spencer and Palumbo:
H. B. 2531 - "A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931,
as amended, relating to drivers' licenses generally; providing for the issuance of drivers' licenses to
persons using bioptic telescopic lenses; setting conditions and limitations for licensing; setting
driving restrictions; and providing for other limitations and exceptions"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Doyle:
H B. 2532 - "A Bill to amend and reenact §19-23-3, §19-23-4, §19-23-5, §19-23-6 and §19-
23-13b of the Code of West Virginia, 1931, as amended, all relating to the Racing Commission;
defining authority of the Racing Commission; providing for five members of the Racing
Commission; providing qualifications for members of the Racing Commission; abolishing certain
positions within the Racing Commission; creating the position of Director of Racing; and providing
authority for the Director of Racing"; to the Committee on Government Organization then Finance.
By Delegates Miley, Fragale, Iaquinta and Cann:
H. B. 2533 - "A Bill to amend and reenact §8-27-11 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §17A-3-4 of said code, all relating to contributions to urban
mass transportation authorities; creating a Special Revenue Fund to be used for urban and rural mass
transportation; increasing the daily tax to be collected on rental cars; and, providing that sixty-six
percent of the tax collected on rental cars is deposited in the Special Revenue Fund created to fund
urban and rural mass transportation"; to the Committee on Roads and Transportation then Finance.
By Delegate Miley:
H. B. 2534 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §60A-3-308a, relating to prohibiting the prescription of the drug
oxycontin unless directly administered by a licensed physician or nurse or directly monitored by a
licensed physician or nurse; and penalties"; to the Committee on Health and Human Resources then
the Judiciary
By Delegates Doyle, Talbott, Canterbury and Evans:
H. B. 2535 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §20-10-1, §20-10-2, §20-10-3, §20-10-4, §20-10-5, §20-10-6,
§20-10-7, §20-10-8, §20-10-9, §20-10-10, §20-10-11, §20-10-12, §20-10-13 and §20-10-14, all
relating to requiring the use of returnable containers for soft drinks, soda water, carbonated natural
or mineral water, other nonalcoholic carbonated drinks and for beer, ale or other malt drinks of any
alcoholic content and for certain other beverage containers; requiring the use of unredeemed bottle
deposits; prescribing the powers and duties of certain state agencies and officials; and prescribing
penalties and remedies"; to the Committee on the Judiciary then Finance.
By Delegates Doyle, Palumbo and Brown:
H. B. 2536 - "A Bill to amend and reenact §60-1-5 of the Code of West Virginia, 1931, as
amended; to amend and reenact §60-3A-17 of said code; and to amend and reenact §60-7-3 and §60-
7-11 of said code, all relating to the distribution and sale of 'craft beer'; defining craft beer;
clarifying the statutory obligation of the Alcohol Beverage Control Commissioner to obtain, on
request, any craft beer requested by a retail liquor licensee; clarifying the commissioner's ability to
approve the storage of craft beer by a retail licensee at a site other than the retail outlet or outlets, on
request; and clarifying the ability of a private club with an existing license to sell craft beer to its
patrons"; to the Committee on the Judiciary.
By Delegates Doyle, Tabb, Brown, Williams and Wells:
H. B. 2537 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-1-3oo, relating to allowing counties and municipalities to
establish a child advocacy center authority; providing for the appointment, membership officers,
meetings and terms of members; providing for employees, equipment and buildings; setting forth certain powers; providing that counties and municipalities may contribute funds to a child advocacy
center; specifying that charitable contributions to these child advocacy center authorities are tax
deductible; and requiring each authority to establish facilities in which single interviews of abused
and neglected children by interagency representatives may be undertaken at the same time"; to the
Committee on Political Subdivisions then the Judiciary.
By Delegates Hatfield, Brown and Wells:
H. B. 2538 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-2-14, relating to education; and permitting school employees
to educate, counsel or assist any student regarding sex, social expectations and birth control
methods"; to the Committee on Education then Finance.
By Delegate Spencer:
H. B. 2539 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13W-1, §11-13W-2 and §11-13W-3, all relating to providing
a tax credit to landlords who rent to parolees"; to the Committee on Finance.
By Delegate White:
H. B. 2540 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-4c; and to amend and reenact §11-22-2 of said code, all
relating to the West Virginia Affordable Housing Trust Fund generally; imposing a fee of twenty
dollars on the transfer of real property in addition to the excise tax imposed on property transfers;
imposing a fee of twenty dollars in addition to the consumers sales tax on the sale of factory-built
homes by licensed dealers; dedicating the revenue from the additional fees to the West Virginia
Affordable Housing Trust Fund; and authorizing expenditures for administrative and operating expenses"; to the Committee on Finance
By Delegates Wysong, Tabb, Moore, Hatfield, Marshall, Swartzmiller, Yost, Varner
and Stemple:
H. B. 2541 - "A Bill to amend and reenact §7-1-3d of the Code of West Virginia, 1931, as
amended, relating to county commissions generally and providing that a county commission may
adopt an ordinance providing for a single board of directors for emergency services and fire
services"; to the Committee Political Subdivisions then the Judiciary.
By Delegates Manchin, Caputo, Proudfoot, Swartzmiller, Yost and Walters:
H. B. 2542 - "A Bill to amend and reenact §21-9-11a of the Code of West Virginia, 1931,
as amended, relating to clarifying that a written complaint must be filed with the State Regulatory
Board before a civil action may be filed"; to the Committee on Industry and Labor, Economic
Development and Small Business then the Judiciary.
By Delegates Perry, Pino and Stemple:
H. B. 2543 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §62-8-8, relating to authorizing the Commissioner of the Division
of Corrections to issue warrants for the arrest, apprehension, extradition or reincarceration of certain
inmates that are no longer in the physical custody of the division; requiring law-enforcement officers
to honor and enforce the warrants; and authorizing the commissioner to enter the warrants into all
criminal reporting databases and other computerized systems for the reporting and apprehension of
criminals and fugitives"; to the Committee on Veterans Affairs and Homeland Security then the
Judiciary.
By Delegates Fragale, Miley and Iaquinta:
H. B. 2544 - "A Bill to amend and reenact §17C-5-2 of the code of West Virginia, 1931, as
amended, relating to increasing the penalty for driving under the influence causing death"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates Ennis, Talbott and Blair:
H. B. 2545 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-21-16, relating to continuation of the Board of Examiners of
Psychologists"; to the Committee on Government Organization.
By Delegates Shaver, Varner, Swartzmiller and Beach:
H. B. 2546 - "A Bill to amend and reenact §48-5-510 of the Code of West Virginia, 1931,
as amended; to amend and reenact §48-7-101; to amend and reenact §48-8-103; and to amend and
reenact §48-8-105, all relating to excluding disability income received by a veteran from the U.S.
Department of Veterans' Affairs for service related injuries from any calculation used to determine
spousal support"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegate Browning:
H. B. 2547 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §29-22C-1, §29-22C-2, §29-22C-3, §29-22C-4, §29-22C-5, §29-
22C-6 and §29-22C-7, all relating to allowing approved and licensed auctioneers to conduct pulltab
games at public auctions; setting forth certain responsibilities of the Lottery Commission with
respect to auctions in which pulltab games are allowed; establishing for certain fees and charges; and
providing that certain revenues be remitted to the State Treasury"; to the Committee on the Judiciary.
By Delegates Reynolds, Rodighiero, Ellis, Morgan, Craig and Stephens:
H. B. 2548 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-21, relating to authorizing the Supreme Court of Appeals
to promulgate rules to establish and implement a uniform bail schedule"; to the Committee on the
Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2549 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-3-58; and to amend and reenact §12-3-10a, §12-3-10d and
§12-3-10e of said code, all relating to the state purchasing card program; creating the Purchasing
Improvement Fund; authorizing use of purchasing cards for regular routine payments, travel and
emergency purchases and cash advances for travel purchases; authorizing expenditures from the
purchasing card administration fund to pay expenses related to the use of the card and the general
operation of the Auditor's Office; and adding members to the purchasing card advisory committee";
to the Committee on Government Organization then Finance.
House Calendar
Second Reading
Com. Sub. for H. B. 2120, Prescribing minimum standards for municipal judges; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2332, Clarifying that magistrate courts have concurrent jurisdiction with circuit courts with laws prohibiting the use of tobacco by minors,
And,
H. B. 2526, Allowing acupuncturists to form limited liability companies.
At 11:18 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 26, 2007.