hdj2007-2-05-27

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Monday, February 5, 2007
TWENTY-SEVENTH 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 Friday, February 2, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2585, Relating to the renewal of teaching certificates and permanent certification,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2585 - "A Bill to amend and reenact §18A-3-3 of the Code of West Virginia, 1931, as amended, relating to the renewal of teaching certificates and permanent certification; state board development and report of proposal on application of professional development toward certificate renewal; providing certification through National Board for Professional Teaching Standards as an additional option for attaining permanent certification; and making technical improvements,"
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. 2588, Reimbursing tuition and fees for courses for the renewal of teaching certificates, 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. 2588) 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. 2126, Exempting land-based finfish from aquaculture facilities from certain sludge management requirements,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2126 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-29-6; and to amend and reenact §22-15-22 of said code, all relating to the regulation of land-based aquaculture facilities; exempting aquaculture facilities from certain sludge management requirements; and providing the Commissioner of Agriculture rule-making authority to promulgate rules after consultation with the Department of Environmental Protection, concerning the disposal or application of waste produced from a aquaculture facility,"
With the recommendation that the committee substitute do pass.
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:
Com. Sub. for S. C. R. 10 - "Requesting the State of West Virginia and the federal government recognize the counties of Berkeley and Jefferson as part of the historic Shenandoah Valley."
Whereas, The Shenandoah Valley begins at the Potomac River in the State of West Virginia and continues southwestward to the city of Roanoke in the State of Virginia, and is flanked by the Blue Ridge Mountains to the east and by the Allegheny Mountains to the west; and
Whereas, The Potomac River forms the northern boundary for the counties of Berkeley and Jefferson in the State of West Virginia and the Blue Ridge Mountains are in eastern Jefferson County and the Allegheny Mountains are in western Berkeley County. The Shenandoah River flows northward and empties into the Potomac River at Harpers Ferry, Jefferson County; and
Whereas, The State of West Virginia was originally part of the Commonwealth of Virginia until June 20, 1863. The counties of Berkeley and Jefferson were not officially annexed by the State of West Virginia until 1872 upon the ruling of the United States Supreme Court; and
Whereas, In 1996, the United States Congress established the Shenandoah Valley Battlefields National Historic District and Commission in the State of Virginia and did not include the counties of Berkeley and Jefferson in the State of West Virginia; and
Whereas, Harpers Ferry, Jefferson County, is recognized as a historical area and the events which transpired there enriched our country's heritage; and
Whereas, The city of Martinsburg, Berkeley County, is recognized as a historical area and has many historical buildings, including the Roundhouse. Boydville, Berkeley County, is a historic farm that deserves national recognition; and
Whereas, The counties of Berkeley and Jefferson in the State of West Virginia should be eligible to become part of the Shenandoah Valley Battlefields National Historic District and Commission and be eligible for any other federal programs that are available for the Shenandoah Valley; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the State of West Virginia and the federal government recognize the counties of Berkeley and Jefferson as part of the historic Shenandoah Valley; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, West Virginia's congressional delegation, the Governor of the State of West Virginia, the county commissions of Berkeley and Jefferson counties and the mayors and city councils of Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Shepherdstown.
Resolutions Introduced
Delegates Kominar and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 19 - "Naming the bridge northwest of Zion Church in Jesus Christ on Twelve Pole Road after exiting Cabwalingo State Park in Mingo County the 'Matilda Messer Bridge'."
Whereas, Matilda Messer had rich beginnings in Mingo County wherein her childhood laid the foundation for her life-style of determination, honesty and integrity; and
Whereas, Matilda Messer grew up in Cub Branch in Mingo County where she led a happy life with her mother and grandparents; and
Whereas, Matilda Messer was the youth choir director at what is now the Zion Church in Jesus Christ; therefore, be it
Resolved by the Legislature of West Virginia:
That the bridge northwest of Zion Church in Jesus Christ on Twelve Pole Road after exiting Cabwalingo State Park in Mingo County be named the "Matilda Messer Bridge;" and, be it
Further Resolved, That the Division of Highways is hereby directed to cause to be fabricated signs which shall display in prominent lettering "Matilda Messer Bridge" which the division shall erect at each end of said 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 and to Robert Farmer at 207 E. 29^th Street, Muncie, Indiana 47302.
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.
Delegates White and Kominar offered the following resolution, which was read by the Clerk:
H. C. R. 20 - "Requesting the Division of Highways to name the bridge at Taylorville crossing over Upper Pigeon Creek on U.S. 52 South, located .2 miles from the bridge going across Mary Taylor Mountain, 'Burl Stafford Bridge'."
Whereas, Burl Stafford was born December 11, 1925, the son of Edward and Zetta (Mullins) Stafford, grew up in the town of Delbarton (Mingo County) the son of a coal miner and a loving mother who helped provide for her family by selling sewing goods from their house during the Great Depression; and
Whereas, Burl Stafford readily joined the Civilian Conservation Corps after his junior year at Burch High School; then, at age 16, joined the United States Navy where he spent four years serving our country during World War II, obtaining the rank of Naval Petty Officer; and
Whereas, Burl Stafford married his wife Mary Blevins shortly after the war, settled in the town of Delbarton, and bought their first home at Taylorville, West Virginia, where Burl lived until his death, and where his wife Mary continues to live; and
Whereas, Burl Stafford worked in the coal mines for eleven years in order to provide for his growing family and became a member of the United Mine Worker's Union No. 9603 where he held the office of financial secretary; and
Whereas, Burl Stafford later served the Delbarton area for twenty-seven years in the United States Postal Service, lovingly known throughout the Route 2 Pigeon Creek area as "our mail man;" and
Whereas, Burl Stafford helped to organize the First Baptist Church of Varney, West Virginia, where Burl served as a deacon, Sunday school superintendent, song leader, and youth mentor, touching the lives of many of "his" young people; and
Whereas, Burl Stafford was instrumental in organizing the first Boy Scouts of America Troop in the Varney area, Troop 333, serving as Scout Master. Burl's grandson later became one of the first Eagle Scouts from this troop; and
Whereas, Burl Stafford passed away on October 15, 1989 from complications from Black Lung disease, which resulted from his early coal mining years spent working amidst the coal dust of the face of the mine, working to provide for his family; and
Whereas, Burl and Mary are the parents of three children, five grandchildren, and four great-grandchildren. Burl instilled the value of education in each of them. All of Burl's children and grandchildren have graduated from college with higher education degrees, some obtaining Masters degrees; and
Whereas, Burl's family, friends, neighbors and the community where he worked and lived and that he loved and served, all agree that it would be a great and deserving honor to name the Taylorville Bridge over Upper Pigeon Creek after Burl Stafford, and to dedicate it to his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge spanning Upper Pigeon Creek on U.S. 52 South, located .2 miles from the bridge going across Mary Taylor Mountain, at Taylorville, Mingo County, West Virginia "Burl Stafford Bridge;" and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby requested to forward a copy of this resolution to the Commissioner of Highways and to the Mingo County Commission.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. C. R. 20) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Petitions
Delegates J. Miller, Blair, Cowles, Doyle, Duke, Overington, Tabb and Wysong presented a petition on behalf of their constituents, requesting an increase in the homestead exemption to fifty percent of the assessed value; which was referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Doyle, Tabb and Wysong:
H. B. 2819 - "A Bill to amend and reenact §19-23-4, §19-23-6, §19-23-9 and 19-23-12b of the Code of West Virginia, 1931, as amended, all relating to amending certain provisions of the code involving horse and dog racing; increasing the number of members on the commission, requiring a representative of the horsemen on the commission; requiring a representative of the dog owners on the commission; expanding the arbitration provisions to include all disputes between a licensee and the representative of a majority of the horsemen at a track and any other organized group of employees at a licensee upon the request of any party; abolishing the prohibition on interfering in the internal affairs of the licensee; requiring the licensee and the representatives of a majority of the horsemen at the licensee to negotiate and agree on the condition and purse structure; increasing the number of racing days a licensee is required to apply for; and requiring a licensee to make up all cancellations in January and February that are due to adverse weather conditions"; to the Committee on the Judiciary then Finance.
By Delegate White:
H. B. 2820 - "A Bill to amend and reenact §32A-3-1 and §32A-3-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §32A-4-1, §32A-4-2, §32A-4-3, §32A-4-4, §32A-4-5, §32A-4-6, §32A-4-7, §32A-4-7a, §32A-4-8, §32A-4-9, §32A-4-10, §32A-4-11, §32A-4-12, §32A-4-13, §32A-4-14, §32A-4-15, §32A-4-16, §32A-4-17, §32A-4-18, §32A-4-19, §32A-4-20, §32A-4-21, §32A-4-22, §32A-4-23, §32A-4-24, §32A-4-25, §32A-4-26, §32A-4-27, §32A-4-28, §32A-4-29 and §32A-4-30, all relating to regulating deferred deposit loans by establishing the Deferred Deposit Loan Act"; to the Committee on Banking and Insurance then Finance.
By Delegates DeLong, Ellem, Guthrie, Mahan, Morgan, Pethtel, Swartzmiller and
Craig:

H. B. 2821 - "A Bill to amend and reenact §22-5-1 and §22-5-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-5-11a, all relating to air pollution control; allowing for the expedited review of administratively complete permit applications for sources, other than major sources; allowing all facilities with complete permit applications and which have received written permission from the director, to construct an altered or expanded source provided that operations of the altered or expanded source do not commence until its permit or permit modification is issued; setting timelines for permitting actions; making other clarifications of the director's duties in minor source air permitting; and requiring the promulgation of legislative and emergency rules"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Porter, Sumner and Lane:
H. B. 2822 - "A Bill to amend and reenact §17-16A-6, §17-16A-7, §17-16A-10, §17-16A-11, §17-16A-21, §17-16A-22, §17-16A-23 and §17-16A-25 of the Code of West Virginia, 1931, as amended, all relating to modifying the West Virginia Parkways, Economic Development and Tourism Authority's power and authority to charge tolls and issue bonds; and to transfer duties and responsibilities of the Parkways, Economic Development and Tourism Authority to the Division of Highways"; to the Committee on Government Organization then Finance.
By Delegates Tucker and Yost:
H. B. 2823 - "A Bill to amend and reenact §18A-2-2 and §18A-2-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18A-2-14; to amend and reenact §18A-4-8 and §18A-4-15 of said code; and to amend said code by adding thereto a new section, designated §18A-4-8j, all relating generally to school service personnel; making school service personnel eligible for early notification of retirement payments; making guidelines for scheduling cooks mandatory; requiring county boards of education to employ a custodian IV at each school and office building under its control; providing supplemental salary increases for certain substitute service personnel; and providing general and longevity salary increases for school service personnel"; to the Committee on Education then Finance.
By Delegate Duke:
H. B. 2824 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6B-8, relating to providing an election for county commissions to allow resident homeowners, sixty-five years old or older, to defer the payment of property tax increases to their residential property during their lifetimes"; to the Committee on the Judiciary then Finance.
By Delegates Spencer, Moore and Marshall:
H. B. 2825 - "A Bill to amend and reenact §60-7-4 of he Code of West Virginia, 1931, as amended, relating to private clubs; and deleting provision that allowed private clubs segregated on the basis of race or color to obtain license to sell alcoholic liquors"; to the Committee on the Judiciary.
By Delegate Browning:
H. B. 2826 - "A Bill to amend and reenact §18A-4-2b of the Code of West Virginia, 1931, as amended, relating to including school psychologists and school nurses with other professional school personnel for a salary supplement and reimbursement for achieving national board certification"; to the Committee on Education then Finance.
By Delegates Kessler, Burdiss, Guthrie, Webster, D. Poling, Martin and Moye:
H. B. 2827 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-11A-12b, relating to prohibiting adhesion waivers of constitutional rights in contractual provisions with consumers as being unenforceable"; to the Committee on the Judiciary.
By Delegate Duke:
H. B. 2828 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to providing a housing supplement for members of the State Police"; to the Committee on Finance.
By Delegate Duke:
H. B. 2829 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-12a, relating to providing a corporate tax credit for qualified health insurance policies provided by corporate employers to employees"; to the Committee on Banking and Insurance then Finance.
By Delegates White and Kominar:
H. B. 2830 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to reducing state income taxes for state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes"; to the Committee on Finance.
By Delegate Duke:
H. B. 2831 - "A Bill to amend and reenact §7-1-3mm of the Code of West Virginia, 1931, as amended, relating to transfer of development rights; eliminating the five year ordinance waiting period; and providing that they may be renewable"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Palumbo, Amores, Wells, J. Miller, Craig and Morgan:
H. B. 2832 - "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to removing the subsection that prohibits the submission of evidence that nonuse of a seatbelt is negligent"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Walter, M. Poling, Mahan, Paxton and Boggs:.
H. B. 2833 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1-1b, relating to the Economic Fairness Act of two thousand seven; and requiring the Tax Commissioner to refund to the five counties with the highest unemployment twenty percent of the personal income tax collected"; to the Committee on Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Tucker, Yost, Eldridge and Reynolds.
H. B. 2834 - "A Bill to amend and reenact §17C-15-44 of the Code of West Virginia, 1931, as amended, relating to motorcycle operators and passengers; requiring that motorcycle operators and passengers under twenty-one years of age wear helmets while riding; and requiring that any operator licensed less than two years wear a helmet while riding"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, Fleischauer, Longstreth, Staggers, Mahan, Guthrie, Hatfield, Marshall and Hrutkay:

H. B. 2835 - "A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to requiring vaccinations of all girls entering the sixth grade against the human papillomavirus"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Duke:
H. B. 2836 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-14c, relating to allowing a public school employee or retiree who was forced to miss work as a result of a pregnancy to purchase up to one year of service credit in the teachers retirement system"; to the Committee on Education then Finance.
By Delegates Cann, Stemple, Webster, Palumbo, Swartzmiller, Varner, Mahan, Shook, Pino and Azinger:

H. B. 2837 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-1A-101, §61-1A-102, §61-1A-103, §61-1A-104, §61-1A-105, §61-1A-106, §61-1A-107, §61-1A-108, §61-1A-109, §61-1A-110 and §61-1A-111, all relating to enabling state, county and municipal law-enforcement agencies to use their basic investigative tools to thwart terrorist plots by defining and criminalizing the commission, financing and furtherance of, and the conspiracy to commit and incitement to commit, terrorist acts; providing for property forfeiture and criminal penalties for violations; encouraging interagency cooperation; and nonapplicability to lawful military acts"; to the Committee on Veterans Affairs and Homeland Security then the Judiciary.
By Delegate Browning:
H. B. 2838 - "A Bill to amend and reenact §17B-3-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting the Commissioner of Motor Vehicles from suspending for more than six months the license of a person whose license was suspended as a result of having a seizure"; to the Committee on the Judiciary.
By Delegates Kominar, White and Moore:
H. B. 2839 - "A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as amended, relating to judges and justices generally; providing that a judge becoming eligible for retirement is not required to contribute to the retirement system; and clarifying that, for judicial retirement purposes, credited service includes certain time served as an elected or appointed municipal judge"; to the Committee on Pensions and Retirement then Finance.
By Delegates Anderson, Stemple, Martin, D. Poling, Azinger, Ellem, Border, White, Argento, Williams and Tabb:

H. B. 2840 - "A Bill to amend and reenact §20-2-12 of the Code of West Virginia, 1931, as amended, relating to transportation of wildlife outside of the state; penalties; and allowing residents and nonresidents to take legally killed, taken or captured game out of the state"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Canterbury, Walters, Eldridge, Schadler, Martin, Ellem, Staggers, J. Miller, Evans and DeLong:

H. B. 2841 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-28, relating to establishing a system to reduce the cost of medical care paid by the Public Employees Insurance Agency by providing incentives to covered employees to obtain treatment in low cost foreign health care facilities accredited by the Joint Commission International"; to the Committee on Banking and Insurance then Finance.
By Delegate M. Poling (By Request):
H. B. 2842 - "A Bill to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as amended, relating to sale and serving of beverages in schools; limiting such sale and serving under certain circumstances; authorizing sale and serving of healthy beverages during meal service periods; modifying profit allocation provisions regarding certain sale of healthy beverages; and modifying certain provisions regarding beverages that qualify as healthy beverages"; to the Committee on Education then the Judiciary.
By Delegate Talbott:
H. B. 2843 - "A Bill to amend and reenact §61-3-39h of the Code of West Virginia, 1931, as amended, relating to disposition and payment of court costs regarding worthless checks"; to the Committee on the Judiciary.
By Delegates Boggs, M. Poling, Paxton, Martin, Stemple, Tucker, Proudfoot, Perry and Hrutkay:

H. B. 2844 - "A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to exempting specific engineering plans and descriptions of existing and planned public utility plants and equipment from the freedom of information provisions of the public records statute"; to the Committee on the Judiciary.
By Delegate DeLong:
H. B. 2845 - "A Bill to amend and reenact §5-16-5 and §5-16-25 of the Code of West Virginia, 1931, as amended, all relating to Public Employees' Insurance; requiring the percentage charged to employees be adjusted to reflect changes in deductibles, copays and coinsurance, including any reduced cost derived from decreases in utilization of medical or prescription drug costs; allowing the investment of the Reserve Fund with the Investment Management Board; and requiring that the interest earned be credited to the retiree subsidy allocations"; to the Committee on Banking and Insurance then Finance.
By Delegates Williams, Paxton, Eldridge, Tabb, Wysong and Perry:
H. B. 2846 - "A Bill to amend and reenact §18-2-35 of the Code of West Virginia, 1931, as amended, relating to authorizing school level implementation of student uniform policies; stating findings and purposes; requiring state board and county board policies; and specifying certain provisions that must be addressed in county policies"; to the Committee on Education.
By Delegates Browning, Cann, Hrutkay, Kominar, Morgan, Swartzmiller, Azinger and Walters:

H. B. 2847 - "A Bill to amend and reenact §22-14-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-14-19, all relating to dam control; definitions; defining 'deficient dam'; establishing a revolving loan fund for loans to finance the engineering, design, improvement, repair, breeching or removal necessary to correct or remove deficient dams in this state; and providing for promulgation of rules"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Wells, Amores, Guthrie, Webster, Hatfield, Palumbo, Spencer and Brown:
H. B. 2848 - "A Bill to amend and reenact §20-1-7 of the Code of West Virginia, 1931, as amended, relating to requiring the director of the Division of Natural Resources to promulgate a rule applicable in Kanawha State Forest, where the state owns the surface land, but the rights to explore and produce gas, oil or coal bed methane are owned by or have been leased to other persons"; to the Committee on Agriculture and Natural Resources then the Judiciary.
House Calendar
Third Reading
S. B. 138, Repealing code section relating to requirement nonresidents secure costs; 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. 23), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Fragale, Miley, Stalnaker and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S.B. 138) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. B. 2571, Clarifying the deadline for redeeming delinquent lands; 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. 24), and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Miley, Stalnaker and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2571) 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
S. B. 139, Denying petition for name change in certain cases; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause by striking out the remainder of the bill, and inserting in lieu thereof the following:
"That §48-25-101 and §48-25-103 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 25. CHANGE OF NAME.

§48-25-101. Petition to circuit court or family court for change of name; contents thereof; notice of application.

(a) Any person desiring a change of his or her own name, or that of his or her child ~~or ward~~, may apply ~~therefor~~ to the circuit court or family court of the county in which he or she resides by a verified petition setting forth and affirming the following:
(1) That he or she has been a bona fide resident of the county for at least one year prior to the filing of the petition or that he or she is a nonresident of the county who was born in the county, was married in the county and was previously a resident of the county for a period of at least fifteen years;
(2) The cause for which the change of name is sought;
(3) The new name desired;
(4) The name change is not for purposes of avoiding debt or creditors;
(5) The petitioner seeking ~~said~~ the name change is not a registered sex offender pursuant to any state or federal law;
(6) The name change sought is not for purposes of avoiding any state or federal law regarding identity;
(7) The name change sought is not for any improper or illegal purpose; ~~and~~
(8) The petitioner is not a convicted felon in any jurisdiction; and
(9) The name change sought is not for any purpose of evading detection, identification or arrest by any local, state or federal law enforcement agency.
(b) Notwithstanding the provisions of subsection (a) of this section, a nonresident of the county may apply for a change of name if the person was born in the county, was married in the county and was previously a resident of the county for a period of at least fifteen years.
~~(c)~~ (b) ~~Previous~~ Prior to ~~the~~ filing of the petition, the person shall cause a notice of the time and place that the application will be made to be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area for the publication is the county: Provided, That the publication shall contain a provision that the hearing may be rescheduled without further notice or publication.
§48-25-103. When court may or may not order change of name.
(a) Upon the filing of ~~such~~ the verified petition, and upon proof of the publication of ~~such~~ the notice and of the matters set forth in the petition, and being satisfied that no injury will be done to any person by reason of ~~such~~ the change, and upon a finding that all representations the applicant has affirmed pursuant to subsection (a) of section one hundred one of this article are true, and the applicant is not prohibited from obtaining a name change pursuant to this article, that reasonable and proper cause exists for changing the name of petitioner, and that ~~such~~ the change is not desired because of any fraudulent or evil intent on the part of the petitioner, the court or judge ~~thereof in vacation~~ may order a change of name ~~as applied for except as provided by the provisions of this section~~.
(b) The court may not grant any change of name for any person convicted of any felony during the time that the person is incarcerated.
(c) The court may not grant any change of name for any person required to register with the state police pursuant to the provisions of article ~~eight-f~~ twelve, chapter ~~sixty-one~~ fifteen of this code during the period that ~~such~~ the person is required to register.
(d) The court may not grant a change of name for persons convicted of first degree murder in violation of section one, article two, chapter sixty-one of this code for a period of ten years after the person is discharged from imprisonment or is discharged from parole, whichever occurs later. (e) The court may not grant a change of name of any person convicted of violating any provision of section fourteen-a, article two, chapter sixty-one of this code for a period of ten years after the person is discharged from imprisonment or is discharged from parole, whichever occurs later."
The bill was then ordered to third reading.
S. B. 142, Providing penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix; on second reading, coming up in regular order, was read a second time and, at the request of Delegate DeLong, and by unanimous consent, advanced to third reading with the committee amendment pending and the rule suspended to permit the offering and consideration of amendments on that reading.
H. B. 2770, Enhancing penalties for certain acts against court security personnel; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
S. B. 218, Making supplementary appropriation of federal funds out of Treasury from balance of federal moneys remaining unappropriated; on second reading, coming up in regular order, was read a second time.
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. 25), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Miley and Talbott.
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.
On the passage of the bill, the yeas and nays were taken (Roll No. 26), and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Miley, D. Poling and Talbott.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S.B. 218) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 27), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Miley and Talbott.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S.B. 218) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate D. Poling noted to the Clerk that he was absent when the vote was taken on Roll No. 26, and that had he been present, he would have voted "Yea" thereon.
H. B. 2028, Increasing the required bond for certain businesses regulated by the Division of Motor Vehicles to fifty thousand dollars; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Campbell, Miley and Talbott.
At 11:48 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 6, 2007.