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Friday, February 2, 2007
TWENTY-FOURTH 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 Thursday, February 1, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 2225, Allowing counties to increase the occupancy tax on hotel use and stay to six
percent of consideration.
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. 2225) was referred
to the Committee on Finance.
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. 2643, Employment programs, rules that prohibit agencies from granting, issuing, or
renewing approval documents with employing units in default,
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. 2643) was referred
to the Committee on the Judiciary.
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. 2607, Landscape Architects, fees,
H. B. 2664, Landscape architects, registration of landscape architects,
H. B. 2665, Landscape architects, continuing education,
H. B. 2667, Massage Therapy Licensure Board, general provisions,
And
H. B. 2668, Medicine, licensing and disciplinary procedures,
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. 2607, H. B. 2664, H.
B. 2665, H. B. 2667 and H. B. 2668) were each referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2028, Increasing the required bond for certain businesses regulated by the Division of
Motor Vehicles to fifty thousand dollars,
And,
S. B. 218, Making supplementary appropriation of federal funds out of Treasury from
balance of federal moneys remaining unappropriated,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
H. B. 2551, Relating to the underground storage tank insurance fund,
And reports the same back with the recommendation that it do pass, and with the further
recommendation that it be referred to the Committee on Finance.
In the absence of objection, the bill (H. B. 2551) was then referred to the Committee on
Finance
Resolutions Introduced
Delegates Moore, Browning, Burdiss and White offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 18 - "Requesting the Division of Highways to name the bridge numbered 24-8-0.03
in Anawalt, West Virginia, the 'Lance Corporal James "Jimmy" Sargent Memorial Bridge'."
Whereas, James Ray Sargent was born on February 28, 1950, to the parents of Millard Clay
and Izetta Sargent in Jenkinjones, West Virginia. Jimmy's father was a hard-working coal miner
who died of black lung in November 1950. Leaving Izetta with a six-month-old baby and 10 other
children to raise on her own; and
Whereas, Jimmy dropped out of high school at the age of 17 to enlist with the Marines.
However, do to his age, his determination to join the Marines persuaded his mother to sign the
enlistment papers allowing him to enter service. He officially became a Marine on April 24, 1967
and was soon deployed to Vietnam as a member of D Battery, 13th Marines, 1st Marine Division; and
Whereas, Jimmy Sargent was in Vietnam only three months when him and 11 other
Marines from D Battery were assigned to support the 11th Mobile Strike Force, a unit of Australian and United States Special Forces stationed at Ngok Tavak, who were being attacked by North
Vietnamese forces; and
Whereas, The battle at Ngok Tavak lasted about 10 hours and involved intense fighting.
A decision was made to evacuate the camp and retreat. Jimmy Sargent was among a group of 12
Marines from D Battery who were hit by grenades and fired upon by the North Vietnamese while
searching for a medic missing during the attack at Ngok Tavak; and
Whereas, In late May 1968, Jimmy Sargent's family was notified that he was missing in
action. Jimmy's mother, Izetta, died in 1994 without knowing what had actually happened to her
son; and
Whereas, Through a series of six investigations beginning in 1993 and interviews with
villagers and former Vietnamese soldiers, U.S. recovery teams discovered the key areas and
defensive positions on the Ngok Tavak battlefield. Excavations conducted in 1998 and 1999 by the
Joint POW/MIA Accounting Command (JPAC) revealed human remains and other evidence; and
Whereas, The Armed Forces DNA Identification Laboratory specialists used mitochondrial
DNA and other forensic methods to identify positively the remains of Jimmy Sargent and the other
Marines who had been lost for 37 years; and
Whereas, Jimmy's family was notified in August 2005 that his remains had been recovered.
This discovery is recognized as being the largest single group of Vietnam MIAs identified and
returned at one time; and
Whereas, On October 7, 2005, the remains of James Ray Sargent and seven other Marines
whose remains could not be individually identified were buried as a group in Arlington National
Cemetery.
Whereas, The Town of Anawalt, West Virginia, held a celebration at the community center
in honor of Jimmy Sargent on October 15, 2005; and
Whereas, James Ray Sargent is survived by sisters Alice Faye, Joanne, Annette, and
Phyllis; brothers Millard Jr., Douglas and Roger; and half-brothers Freddie and James Breeden. He was preceded in death by his brothers George, W.C., and Jackie; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered
24-8-0.03 in Anawalt, West Virginia, the "Lance Corporal James 'Jimmy' Sargent Memorial
Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to post signs thereon with words, printed in bold and prominent fashion, designating the bridge as
the "Lance Corporal James 'Jimmy' Sargent Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division
of Highways and the family of Lance Corporal James Sargent.
Delegates Hatfield, Amores, Barker, Beach, Boggs, Brown, Browning, Burdiss, Cann,
Caputo, Craig, DeLong, Doyle, Ennis, Fleischauer, Fragale, Guthrie, Hartman, Hrutkay, Klempa,
Long, Longstreth, Mahan, Manchin, Marshall, Michael, Miley, Palumbo, Paxton, Perry, Pethtel,
Pino, D. Poling, Proudfoot, Reynolds, Shaver, Shook, Spencer, Stalnaker, Stemple, Swartzmiller,
Varner, 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. 15 - "Urging the West Virginia Congressional Delegation to support the
reauthorization of the West Virginia Children's Health Insurance Program."
Whereas, The West Virginia House of Delegates regards the health of children to be of
paramount importance to families in our State; and
Whereas, The West Virginia House of Delegates regards poor child health as a threat to the
educational achievement, social and psychological well-being of the children of our State; and
Whereas, The West Virginia House of Delegates considers protecting the health of our
children to be essential to the well-being of our youngest citizens and the quality of life in our State;
and
Whereas, The West Virginia Children's Health Insurance Program, which has enrolled
more than 87,000 uninsured children since its inception in 1998, to be an integral part of the
arrangements for health benefits for the children of the State of West Virginia; and
Whereas, The West Virginia House of Delegates considers the federal funding available
for the West Virginia Children's Health Insurance Program to be indispensable to providing health
benefits for children of modest means; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates urges the Members of West Virginia's Delegation to the United
State Congress to ensure that the Congress timely reauthorizes the State Health Insurance Program
(SCHIP) to assure federal funding for the West Virginia Children's Health Insurance Program; and,
be it
Further Resolved, The House of Delegates urges the Governor to use his best efforts to work
with the West Virginia delegation to ensure that SCHIP is reauthorized in a timely manner; and, be
it
Further Resolved, That the House of Delegates proclaims that all components of State
government should work together with educators, health care providers, social workers, and parents
to ensure that all available public and private assistance for providing health benefits to uninsured
children in this State be used to the maximum extent possible; and, be it
Further Resolved, That the House of Delegates urges the Governor to use his best efforts to
provide meaningful assistance to help identify and enroll children who qualify for Medicaid or the
West Virginia Children's Health Insurance Program; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
certified copy of this resolution to the President of the United States, the Secretary of the United
States Department of Health and Human Services, the President of United States Senate, the Speaker
of the House of Representatives, the Secretary of the United States Senate, the Clerk of the United
States House of Representatives and West Virginia's congressional delegation.
Petitions
Delegate Boggs presented a petition on behalf of his constituents, urging support of funding
for public libraries and the improvement packages espoused by the West Virginia Library
Commission; which was referred to the Committee on Finance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Craig, Morgan, Stephens and Reynolds:
H. B. 2802 - "A Bill to amend and reenact §31-20-2 and §31-20-10 of the Code of West
Virginia, 1931, as amended, all relating to defining 'arresting agency'; and providing that the
arresting agency shall pay the cost for the initial twenty-four hours of incarceration for each inmate
it arrests who is incarcerated"; to the Committee on the Judiciary then Finance.
By Delegate Kessler:
H. B. 2803 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-9A-10, relating to prohibiting smoking tobacco products in
a motor vehicle when a minor is present; and providing criminal penalties"; to the Committee on
Roads and Transportation then the Judiciary.
By Delegates Hrutkay, Crosier, Manchin and Martin:
H. B. 2804 - "A Bill to amend and reenact §17-4-17b of the Code of West Virginia, 1931,
as amended, relating to eliminating time schedules for utility relocation on highway projects; placing
liability and costs on the utility company for failure to comply with proper removal notice; allowing
the division of highways to reimburse utility companies for subsequent relocations due to plan
change after a project is let to construction; and providing for meetings between division of
highways and utilities"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Perry, Shaver, Iaquinta, Sumner, Duke, Staggers, Moye, Ellis and Wells:
H. B. 2805 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-1-1 of said Code; and to amend and reenact §18A-4-7b of said
code, all relating to providing health insurance to long-term teacher substitutes; to ensuring that
newly-hired long-term substitutes participate in the beginning teacher mentor program; and to
granting 'permanently employed professional personnel' status to long-term substitutes who work
more than 133 days in a school year"; to the Committee on Education then Finance.
By Delegates Martin, Hatfield, Brown, Caputo and Beach:
H. B. 2806 - "A Bill to amend and reenact §30-4-3 and §30-4-17 of the Code of West
Virginia, 1931, as amended, all relating to the West Virginia Dental Practice Act; and providing
settings in which a dental hygienist may perform their duties without direct supervision"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Iaquinta, Amores, Boggs, Canterbury and Pethtel:
H. B. 2807 - "A Bill to amend and reenact §12-3-10a, §12-3-10d and §12-3-10e of the Code
of West Virginia, 1931, as amended, all relating to state purchasing cards generally; allowing for
purchases authorized by Auditor; providing that certain purchasing rules be followed; changing the
qualifications for selecting a charge card vendor; allowing certain funds to be used by the Auditor
for general office expenses; providing for a new Special Revenue Revolving Fund in the State
Treasury to be administered by the Department of Administration; and adding three new members
to the Purchase Card Advisory Committee"; to the Committee on Government Organization then
Finance.
By Delegate Manchin:
H. B. 2808 - "A Bill to amend and reenact §17A-7-2 of the Code of West Virginia, 1931,
as amended, relating to one trip permits issued by the State Police, increasing the fee for issuance
and providing that the State Police retain a portion of the fee for administration and enforcement";
to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Guthrie, Amores, Doyle, Shook, Moore, Brown, Hatfield,
Staggers, Burdiss and Varner:
H. B. 2809 - "A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931,
as amended, relating to unemployment compensation generally and providing for the payment of
unemployment compensation when a person misses work due to domestic violence"; to the
Committee on the Judiciary then Finance.
By Delegate Walters:
H. B. 2810 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to calculation of West Virginia adjusted gross income for personal income tax
purposes; subtracting social security benefits from federal adjusted gross income to the extent
included in federal gross income for federal income tax purposes"; to the Committee on Finance.
By Delegates Fleischauer, Shook, Marshall, Eldridge, Barker, Rodighiero, Ellis,
Perdue, Klempa, Yost and Hamilton:
H. B. 2811 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all
relating to meeting and conference rights for members of police or fire departments employed by
political subdivisions; providing for the right of these members to self-organization; allowing
designation of an exclusive representative agent; imposing a duty to meet and confer with
employees; allowing deduction of employee organization dues and assessments; providing for
compulsory arbitration of disputes; listing prohibited acts; allowing hearing before civil service
commission; providing judicial review; specifying powers and duties of the civil service
commission; and allowing injunctive relief"; to the Committee on Political Subdivisions then the
Judiciary.
By Delegates Fleischauer, Amores, Doyle, Marshall, White, Longstreth, Stagers,
Perdue, Reynolds, Tucker and Evans:
H. B. 2812 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-10b; and to amend said code by adding thereto a new
section, designated §11-24-9d, all relating to allowing a credit against corporate and personal income tax for employers who provide child day care services for their employees"; to the
Committee on Finance.
By Delegate Miley:
H. B. 2813 - "A Bill to amend and reenact §33-2-16, §33-2-17 and §33-2-18 of the Code
of West Virginia, 1931, as amended, all relating to the Office of Consumer Advocacy"; to the
Committee on Government Organization.
By Delegates Fleischauer, Beach, Williams, Shaver, Kessler, Amores, Argento,
Rodighiero, Eldridge, Ellis and Paxton:
H. B. 2814 - "A Bill to amend and reenact §18-9A-4 of the Code of West Virginia, 1931,
as amended, relating to public school support; and amending the foundation allowance for
professional educators to allow an exemption to the cap on professional educators for counties with
small population density"; to the Committee on Education then Finance.
By Delegates Campbell, Browning, Miley, Duke, Yost and Marshall:
H. B. 2815 - "A Bill to amend and reenact §18-9A-2, §18-9A-10, §18-9A-11, §18-9A-13b
and §18-9A-21 of the Code of West Virginia, 1931, as amended, all relating to reforming the school
aid formula by reducing the regular levy deducted from county boards of education; by ensuring
funding for improved instructional programs; by providing funds to assist low performing schools;
by enhancing teacher and service personnel salaries; and by requiring annual appropriations for
alternative education programs"; to the Committee on Education then Finance.
By Delegates Mahan, Hatfield, Amores and Marshall:
H. B. 2816 - "A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §44-
16-1, §44-16-2, §44-16-3 and §44-16-4; and to amend and reenact §61-12-9 of said code, all relating
to the creation of the Funeral Planning Agent Designation Act; providing that a funeral planning
agent may authorize cremation; providing that a designated funeral planning agent may authorize
funeral arrangements; designating the title of the act; definitions; designation of funeral planning agent; form of designation; and authority to enter into cremation contract"; to the Committee on the
Judiciary.
By Delegates DeLong, Fragale, Pino, Shook, Moye, Boggs and Miley:
H. B. 2817 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-5-15g, relating to providing for a 'moment of silence' in
public schools"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2818 - "A Bill to amend and reenact §11-6A-5a of the Code of West Virginia, 1931,
as amended; to amend and reenact §11-13-2o of said code; and to amend said code by adding thereto
a new section, designated §11-13-2p, all relating generally to tax treatment of wind power projects;
imposing limitation on salvage valuation of facilities at a wind power project; increasing taxable
generating capacity of wind power generating unit for business and occupation tax purposes; and
providing credit against additional business and occupation tax liability for certain contractually
agreed contributions to specified counties, county school boards, or municipalities"; to the
Committee on the Judiciary then Finance.
* * * * * * * * * *
Today being Friday, the House of Delegates proceeded to the consideration of business on
the Local Calendar.
Local Calendar
First Reading
S. B. 217, Extending time for Piedmont city council to meet as levying body; on first
reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate DeLong moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 18), and there were--yeas 89, nays 1, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Rodighiero.
Absent and Not Voting: Cann, Crosier, Hartman, Marshall, Michael, Stemple,
Swartzmiller, Talbott and Williams.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to third reading.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 19),
and there were--yeas 90, nays none, absent and not voting 9, with the absent and not voting being
as follows:
Absent and Not Voting: Cann, Crosier, Hartman, Marshall, Michael, Stemple,
Swartzmiller, Talbott and Williams.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 217) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question the yeas and nays were taken (Roll No. 20), and there were--yeas 90, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent and Not Voting: Cann, Crosier, Hartman, Marshall, Michael, Stemple,
Swartzmiller, Talbott and Williams.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 217) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Rodighiero noted to the Clerk that he had cast an erroneous vote on Roll No. 18,
and that he had intended to vote "Yea" thereon.
The Local Calendar having been disposed of, the Delegates proceeded to consideration of
business on the House Calendar.
House Calendar
Third Reading
S. B. 140, Relating to depositing certain moneys into magistrate court fund; 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. 21),
and there were--yeas 90, nays none, absent and not voting 9, with the absent and not voting being
as follows:
Absent and Not Voting: Cann, Crosier, Hartman, Marshall, Michael, Stemple,
Swartzmiller, Talbott and Williams.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 140) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 141, Providing family court jurisdiction over sibling visitation petitions; 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. 22),
and there were--yeas 90, nays none, absent and not voting 9, with the absent and not voting being
as follows:
Absent and Not Voting: Cann, Crosier, Hartman, Marshall, Michael, Stemple,
Swartzmiller, Talbott, and Williams.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 141) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Second Reading
S. B. 138, Repealing code section relating to requirement nonresidents secure costs; on
second reading, coming up in regular order, was read a second time and ordered to third reading.
H. B. 2571, Clarifying the deadline for redeeming delinquent lands; 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:
S. B. 139, Denying petition for name change in certain cases,
S. B. 142, Providing penalty for illegally possessing, possessing with intent to distribute or
distributing an iodine matrix,
And,
H. B. 2770, Enhancing penalties for certain acts against court security personnel.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Cann, Crosier, Hartman, Marshall, Michael, Stemple, Swartzmiller, Talbott
and Williams.
At 11:25 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February, 5,
2007.