hdj2007-2-07-29

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Wednesday, February 7, 2007
TWENTY-NINTH 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 Tuesday, February 6, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
On motion for leave, a resolution was introduced (Originating in the Committee on Rules and reported with the recommendation that it be adopted), which was read by its title as follows:
By Mr. Speaker, Mr. Thompson:
H. R. 16 - "Vacating the seat heretofore designated for Delegate-elect Ron Thompson, of the County of Raleigh, and of the 27^th Delegate District."
Whereas, Attempts heretofore made by the Speaker of the House and others have been fruitless in resolving the issue of chronic absenteeism by Member-elect Ron Thompson; and
Whereas, The Speaker of the House did attempt to contact Delegate-elect Ron Thompson by means of a certified letter as well as a letter sent by regular postal service, outlining the intentions of the House concerning the continued absence from duty of the aforementioned Member-elect, in which the Speaker did state that a nonresponse to the requests of the letter by the Member-elect may be construed as a refusal to appear and take and subscribe to the Oath of Office; and
Whereas, In a letter addressed to the Speaker of the House, Delegate-elect Ron Thompson assured the Speaker and members of the House of his desire to serve as an elected Member of the House and that he would be present on Monday, February 5, 2007; and
Whereas, The aforementioned Member-elect Ron Thompson has not complied with his own terms set forth in his own letter dated January 24, 2007, in which he states that his plan was to return to his seat by February 5, 2007, ready to serve; therefore, be it
Resolved by the House of Delegates, a majority of the members present and voting concurring herein:
That in accordance with Article VI, Section 16 of the Constitution of the State of West Virginia, the House of Delegates hereby declares vacant the seat heretofore designated for Member- elect Ron Thompson, of the County of Raleigh, 27^th Delegate District; and, be it
Further Resolved, That the Clerk of the House certify a copy of this Resolution, and that the Sergeant at Arms of the House of Delegates deliver the same to Mr. Ron Thompson, or his agent, or post the same at his residence at his last known address in Beckley, West Virginia; and, be it
Further Resolved, That the Speaker of the House transmit a letter to the Governor of the State of West Virginia, and to the Democratic Executive Committee of the County of Raleigh, 27^th Delegate District, of this definitive action by the House.
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. 2349, Continuing the Board of Registration for Sanitarians,
H. B. 2574, Continuing the Board of Social Work Examiners,
H. B. 2586, Continuing the Board of Veterinary Medicine,
And,
H. B. 2587, Continuing the Board of Optometry,
And reports the same back with the recommendation that they 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. 2578, Continuing current mental health parity laws for group insurance plans,
And,
H. B. 2789, Authorizing the Supreme Court of Appeals to create a panel of senior status magistrate assistants,
And reports the same back with the recommendation that they 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. 2498, Enhancing the penalty for indecent exposure where the victim is a child under the age of fourteen,
And reports back a committee substitute therefor, with the
same title, as follows:
Com. Sub. for H. B. 2498 - "A Bill to amend and reenact §61-8-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8B-1 of said code, all relating to sexual offenses involving children; enhancing the penalty for indecent exposure where the victim is a child under the age of fourteen; increased penalties for second and subsequent offenses; expanding the definition of sexual contact to include the touching of the buttocks,"
H. B. 2787, Creation of the Address Confidentiality Program,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2787 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §3-1C-1, §3-1C-2, §3-1C-3, §3-1C-4, §3-1C-5, §3-1C-6, §3-1C- 7, §3-1C-8, §3-1C-9, §3-1C-10, relating to the creation of the Address Confidentiality Program,"
And,
H. B. 2791, Relating to penalties for violating peace bonds,
And reports back committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2791 - "A Bill to repeal §62-6-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-10-1 and §62-10-3 of said code, all relating to penalties for violating peace bonds,"
With the recommendation that the committee substitutes each do pass.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on February 2, 2007, he approved H. B. 2105.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 70 - "A Bill to amend and reenact §21-1B-2, §21-1B-3 and §21-1B-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §21-1B-6 and §21-1B-7, all relating to definitions; authorizing commissioner limited access to state agency information to confirm legal status of workers; criminal penalties for violations of article relating to employing, hiring, recruiting or referring unauthorized workers, falsifying records and evading record-keeping requirements; denial of a deductible business expense; suspension or revocation of license; and purpose of hearing"; 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
S. B. 180 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-6a, relating to voluntary election by eligible public safety officers for distributions from retirement plans for payment of qualified health insurance premiums"; 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
S. B. 186 - "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"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 190 - "A Bill to amend and reenact §30-21-16 of the Code of West Virginia, 1931, as amended, relating to continuation of the Board of Examiners of Psychologists"; which was referred to the Committee on Government Organization.
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. 196 - "A Bill to amend and reenact §49-5-8 of the Code of West Virginia, 1931, as amended, relating to the responsibility of placing juveniles into the custody of the Division of Juvenile Services; requiring arresting agency to be responsible for transporting juveniles to Division of Juvenile Services' facilities; and authorizing juvenile facility to refuse admittance to juveniles who are in need of medical attention until written clearance is received from a physician"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 199 - "A Bill to create the Beckley-Raleigh County Building Code Authority to adopt and enforce the State Building Code for the city of Beckley and Raleigh County"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 360 - "A Bill to amend and reenact §11-8-9 of the Code of West Virginia, 1931, as amended, relating to extending the time a local levying body may meet as a levying body"; which was referred to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 435 - "A Bill to amend and reenact §7A-1-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §7A-4-1 of said code, all relating to clarifying the constitutional authority for the creation of a metro government; increasing the time frame for a charter review committee to conclude its study; and providing plans for metro government formation"; to the Committee on Government Organization.
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. 436 - "A Bill to amend and reenact §7-1-3r of the Code of West Virginia, 1931, as amended, relating to selection of executive secretary to county commission on crime, delinquency and correction; and removing circuit clerk from that position."; to the Committee on the Judiciary.
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. 32 - "Requesting Congress enact legislation to lower the retirement age for members of the National Guard to 55 years."
Whereas, The Department of Defense requires the National Guard to comprise at least 25 percent of the standing military; and
Whereas, Large numbers of the National Guard have spent extended duty in the war zones of the world, as well as standing active duty on the border with Mexico; and
Whereas, Members of the National Guard are serving longer periods of time on active duty just like members of the active military and have taken on a large part of our national defense; and
Whereas, Currently, members of the National Guard are allowed to retire only after 20 years of service and reaching 60 years of age, despite the onus of extra duty and responsibility; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests Congress to enact legislation to lower the retirement age for members of the National Guard to 55 years; and, be it
Further Resolved, That the legislation contain provisions recognizing the sacrifice being asked of, and additional responsibility being placed upon members of the National Guard as the primary reasons for the reduction in the retirement age to 55 years; 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 head of the Joint Chiefs of Staff and every member of Congress.
Resolutions Introduced
Delegates Longstreth, Caputo and Marshall offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 23 - "Requesting that the Joint Committee on Government and Finance authorize the study of the impact that increasing real estate taxes are having on the middle class, elderly and disabled citizens of this state and to review alternatives to funding education other than from property taxes."
Whereas, West Virginia's elderly population is growing and comprises a major portion of the property tax payers of this state; and
Whereas, West Virginia's homestead exemption is helpful, recent property reevaluations have negated the benefit and many elderly residents are struggling with payment of the increased property taxes resulting from reevaluation; and
Whereas, The low median income of most middle class families in this state is further eroded by the increases in real property taxes so that families are struggling to afford their homes; and
Whereas, It is time for the Legislature to consider a fairer method of providing revenue for the public schools; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impact increasing real estate taxes are having on the middle class, elderly and disabled citizens of this state and review alternatives to funding public education other than from property taxes; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with the drafts of any legislation necessary 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 the legislative appropriations to the Joint Committee on Government and Finance.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Sumner, Lane and Sobonya:
H. J. R. 18 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty-seven, relating to clarifying that nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Fleischauer, Shaver, Rodighiero, Eldridge, Ellis, Beach, Williams, Moye, Moore and Schadler:

H. B. 2878 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48, relating to county boards of education; requiring that transportation to and from school be provided for each child that needs or desires transportation; requiring that each board establish and observe strict transportation schedules for its bussing students; and requiring that new routes scheduled limit the periods of travel to several specific times based upon whether the students are in elementary school, middle school or high school"; to the Committee on Education then Finance.
By Delegates Rodighiero, Ellis, Stephens, Eldridge, Martin and Wysong:
H. B. 2879 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22j; and to amend said code by adding thereto a new section, designated §18-7A-26u, all relating to providing one-time supplements to all annuitants when they reach the age of seventy"; to the Committee on Finance.
By Delegates Rodighiero, Eldridge, Ellis, Hrutkay, Stephens, Miley, Fleischauer, Longstreth, Boggs, Wysong and Martin:

H. B. 2880 - "A Bill to amend and reenact §33-6B-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-20-3 and §33-20-5 of the Code of West Virginia, 1931, as amended, all relating to prohibiting the number of inquiries reflected in a credit report, credit score report or CLUE report from adversely affecting an application for insurance; to limiting the use of a credit score to banking institution credit scoring for casualty insurance rate filings; and prohibiting reliance on information which is false or potentially false; limiting the use of a credit score in casualty insurance rate filings"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Walters, Boggs, White, Evans, and Hrutkay:
H. B. 2881 - "A Bill to amend and reenact §17A-10-3a of the Code of West Virginia, 1931, as amended, relating to providing that antique motor vehicles or motorcycles may be used for occasional recreational driving, but not for routine daily transportation"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Eldridge, Craig, Ellis, Stephens, Hrutkay, Guthrie, Argento, Hatfield, Rodighiero, Hutchins and Fleischauer:

H. B. 2882 - "A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended, relating to making the unauthorized practice of medicine and surgery or podiatry or as a physician assistant a felony rather than a misdemeanor"; to the Committee on the Judiciary.
By Delegates Wysong, Tabb, Doyle, Shaver and Guthrie:
H. B. 2883 - "A Bill to amend and reenact §16-9A-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-3A-24 of said code, all relating to increasing the fines to stores selling tobacco products to minors; increasing the fines to anyone furnishing tobacco or liquor to a minor; and increasing fines for anyone under age twenty-one using false identification to purchase liquor from a retail licensee"; to the Committee on the Judiciary.
By Delegates Overington, Lane, Duke, Andes, Barker, Canterbury, Cowles, Fragale, Miley, J. Miller and Rowan:

H. B. 2884 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-7-13, relating to protecting academic freedom in higher education"; to the Committee on Education then the Judiciary.
By Delegate Spencer:
H. B. 2885 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to school based interpreters generally; and establishing standards for school based interpreters"; to the Committee on Education.
By Delegates Boggs, Proudfoot, Perry, Tucker, Fragale, Evans, Martin, Stemple and Hrutkay:

H. B. 2886 - "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 Delegates Reynolds, Rodighiero, Eldridge and Ellis:
H. B. 2887 - "A Bill to amend and reenact §62-12-2 of the Code of West Virginia, 1931, as amended, relating to providing that persons convicted of certain drug related crimes must participate in a substance abuse counseling program to be eligible for probation"; to the Committee on the Judiciary.
By Delegates Argento and Stemple:
H. B. 2888 - "A Bill to amend and reenact §20-7-9 of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for violation of certain hunting and fishing laws by nonresidents"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Sobonya, Sumner, Craig, Stephens, Palumbo, Manchin, Reynolds, Hamilton, C. Miller and Morgan:

H. B. 2889 - "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 arrested by the agency who is incarcerated"; to the Committee on the Judiciary then Finance.
By Delegates Evans, Romine, Azinger and Rowan:
H. B. 2890 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to excluding interest income on obligations of the United States and its possessions, to the extent such interest is inclusive in gross income for federal income tax purposes, when applying the eight thousand dollar income exclusion available to persons age sixty-five or older and to persons who are permanently and totally disabled; and making the change retroactive to tax years beginning after the thirty-first day of December, two thousand"; to the Committee on Finance.
By Delegates Argento, Caputo, Hamilton, Stemple and Crosier:
H. B. 2891 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia,1931, as amended, relating to clarifying the language regarding restrictions on carrying a crossbow afield and in a vehicle"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Paxton, Frederick, Stalnaker and Walters:
H. B. 2892 - "A Bill to amend and reenact §5B-2B-4 and §5B-2B-6 of the Code of West Virginia, 1931, as amended, all relating to reports of the workforce investment council"; to the Committee on the Judiciary.
By Delegates Klempa, DeLong, Hutchins, Burdiss, Shook, Varner, Ellem, Hamilton, Pethtel and Tucker:

H. B. 2893 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-1B-6; and to amend and reenact §21-1B-2, §21-1B-3 and §21- 1B-5 of said code, all relating to criminal penalties, fines, vicarious liability, and disciplinary action including suspending and revoking licenses of employers hiring or using unauthorized workers; authorizing commissioner of department of labor limited access to state agency information to confirm legal status of workers"; to the Committee on the Judiciary.
By Delegates DeLong, Manchin, Craig, Morgan, Canterbury, Hatfield, Rowan, Martin and Michael:

H. B. 2894 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-3A-7, relating to information technology donations"; to the Committee on Government Organization.
By Delegates Eldridge, Wells, Browning, Amores, Pethtel and Ennis:
H. B. 2895 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-49-1, §33-49-2, §33-49-3, §33-49-4, §33-49-5, §33-49-6, §33- 49-7, §33-49-8, §33-49-9, §33-49-10, §33-49-11, §33-49-12 and §33-49-13, all relating to the recognition and regulation of professional employer organizations by the West Virginia Insurance Commissioner"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Barker and Hrutkay:
H. B. 2896 - "A Bill to amend and reenact §48-27-502 of the Code of West Virginia, 1931, as amended, relating to providing the Court, within its discretion, may include mutually restrictive protective orders in domestic violence cases"; to the Committee on the Judiciary.
By Delegates Barker, Martin and Argento:
H. B. 2897 - "A Bill to amend and reenact §61-3-52 of the Code of West Virginia, 1931, as amended, relating to requiring corporations to compensate private landowners whose property is damaged by the corporations clearing, trimming, maintenance, and construction activities"; to the Committee on the Judiciary.
By Delegates Palumbo, Staggers, Webster, Guthrie, Brown, Fleischauer, Amores, Spencer and Hatfield:

H. B. 2898 - "A Bill to amend and reenact §17F-1-1 of the Code of West Virginia, 1931, as amended, relating to banning all-terrain vehicles from all paved roads except for the purposes of crossing a road, and requiring all-terrain vehicle operators and passengers to wear protective helmets"; to the Committee on Government Organization then the Judiciary.
By Delegates Swartzmiller, DeLong, Varner, Stalnaker, Kominar, Ennis and M. Poling:
H. B. 2899 - "A Bill to amend and reenact §18-7A-23 of the Code of West Virginia, 1931, as amended, relating to the teachers retirement system generally; and providing that certain beneficiaries receive an annuity when an eligible spouse has not redeemed the accumulated contributions"; to the Committee on Education then Finance.
By Delegates Talbott, Argento, Fragale, Caputo, Iaquinta and Manchin:
H. B. 2900 - "A Bill to amend and reenact §20-1-2 of the Code of West Virginia, 1931, as amended, relating to including blue catfish in the definition of game fish"; to the Committee on Agriculture and Natural Resources.
By Delegates Rodighiero, Ellis, Hrutkay, Burdiss, Shook, Barker, Staggers, Fleischauer and Eldridge:

H. B. 2901 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-30, relating to allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program for qualified inmates sentenced to a regional jail facility; and specifying minimum requirements for the program"; to the Committee on Government Organization then Finance.
By Delegates Staggers, Brown, Shook, Moye, Rodighiero, Pino, Hutchins, Klempa, Burdiss and Perry:

H. B. 2902 - "A Bill to amend and reenact §16-30-4 of the Code of West Virginia, 1931, as amended, relating to allowing a female woman of child-bearing age to include in an advance directive executed by her, information as to what effect the advance directive shall have if she is pregnant"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Reynolds:
H. B. 2903 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-10, relating to allowing hospitals to perform abortions only if the mother's life is in imminent danger"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hatfield, Guthrie, Moore, Marshall, Martin, Brown, Doyle, Amores
and Fleischauer:

H. B. 2904 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1, §16-43-2, §16-43-3 and §16-43-4, all relating to creating an emergency contraception education program within the Department of Health and Human Resources"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Schadler:
H. B. 2905 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to ensuring that medical workers have the right to refuse to participate in any abortion-related activity without fear of disciplinary action or dismissal; and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Paxton:
H. B. 2906 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to providing a mandatory sentence of fifteen years for any person who maliciously shoots a police officer on duty; and providing a mandatory sentence often years for any person who unlawfully, but not maliciously, shoots a police officer on duty"; to the Committee on the Judiciary then Finance
By Delegates Talbott, Argento, Fragale, Iaquinta, Caputo and Manchin:
H. B. 2907 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-29, relating to authorizing the Director of the Division of Natural Resources to exempt site-specific data on certain rare plant or animal species and their habitats from disclosure under the Freedom of Information Act"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Talbott, Argento, Fragale, Iaquinta, Caputo and Manchin:
H. B. 2908 - "A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to removing an outdated reference to the assessed value of livestock used to determine the value of livestock killed by a bear"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Talbott, Argento, Fragale, Iaquinta, Caputo and Manchin:
H. B. 2909 - "A Bill to amend and reenact §20-2-50 of the Code of West Virginia, 1931, as amended, relating to allowing the Director of the Division of Natural Resources to assess a fee for processing scientific collecting permits"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Eldridge, Staggers, Guthrie, Argento, Hatfield, Long, Hutchins, Martin and Miley:

H. B. 2910 - "A Bill to amend and reenact §30-3-12 and §30-3-16 of the Code of West Virginia, 1931, as amended, all relating to the biennial renewal of a license to practice medicine, podiatry or as a physician assistant; providing for the expiration of a license if continuing education requirements are not timely met and documented to the Board of Medicine; setting fee to be paid for the reinstatement of an expired license within one year; and requiring a new application after one year of license expiration"; to the Committee on the Judiciary.
By Delegate Paxton:
H. B. 2911 - "A Bill to amend and reenact §18-2E-8b of the Code of West Virginia, 1931, as amended, relating to providing a framework to avoid imposition of policies and practices on the public schools that distract from a thorough and efficient education; making findings and expressing legislative intent; requiring fiscal notes on policies, rules and programs affecting public schools and outlining applicable costs; providing alternative conditions under which policies, rules and programs may be adopted and the consequences of such; and providing for an audit of capacity to implement certain past policies, rules and programs; and requiring the issuance of a report of recommendations"; to the Committee on Education.
By Delegate Lane:
H. B. 2912 - "A Bill to amend and reenact §11-15-3 and §11-15-9 of the Code of West Virginia, 1931, as amended, all relating to the consumer sales and service tax; applying a consumer sales and service tax upon sales of wagers or plays by racetrack video lottery licenses to players of racetrack video lottery; removing exemption of the consumers sales and service tax for sales of wagers or plays by racetrack video lottery licensees to players of racetrack video lottery; providing an exemption from the consumer sales and service tax upon food and food products sold for human consumption off the premises where sold"; to the Committee on Finance.
By Delegates Stemple and Boggs:
H. B. 2913 - "A Bill to amend and reenact §7-14D-2, §7-14D-3, §7-14D-4, §7-14D-5, §7-14D-7, §7-14D-8, §7-14D-8a, §7-14D-13, §7-14D-15, §7-14D-16 and §7-14D-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-14E-1 of said code, all relating to including conservation officers into the Deputy Sheriff Retirement System Act"; to the Committee on Pensions and Retirement then Finance.
By Delegates Tucker, Porter, Blair and Rowan:
H. B. 2914 - "A Bill to amend and reenact §17F-1-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §17F-1-10 and §17F-1-11, all relating to the regulation of all-terrain vehicles; prohibiting operation on paved roads or highways; prohibiting operation with a passenger unless allowed under manufacturers' specifications; providing for regulation of all-terrain vehicles by local government authorities; authorizing all-terrain vehicle incident forms; reporting requirements for all-terrain vehicle incidents; and, exempting the Hatfield McCoy Trail"; to the Committee on Government Organization.
By Delegates Argento, Perdue and Tucker:
H. B. 2915 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17F-2-1, §17F-2-2, §17F-2-3, §17F-2-4, §17F-2-5, §17F-2-6, §17F-2-7, §17F-2-8, §17F-2-9, §17F-2-10, §17F-2-11, §17F-2-12 and §17F-2-13, all relating to regulating all-terrain vehicles; requiring dealers to collect the privilege tax; issuing a permit card and identification on titled and nontitled all-terrain vehicles; updating definitions; describing the permit application; transferring ownership of titled and nontitled all-terrain vehicles; creating a special revenue account; providing an application fee; transferring information to the assessor; creating a nonresident temporary-use permit; and providing penalties"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 2916 - "A Bill to amend and reenact §29-6-10 and §29-6-14 of the Code of West Virginia, 1931, as amended; relating to the approval of pay plans by the state personnel board of the Division of Personnel for all employees in the classified-exempt service; and requiring certification of classified-exempt payrolls by the director"; to the Committee on Finance.
House Calendar
Third Reading
H. B. 2028, Increasing the required bond for certain businesses regulated by the Division of Motor Vehicles to fifty thousand dollars; on third reading, coming up in regular order, was read a third time.
Delegate C. Miller requested to be excused from voting on the passage of H. B. 2028 under the provisions of House Rule 49, stating that her husband was an automobile dealer.
The Speaker refused to excuse the Lady from voting, stating that she was a member of a class of persons possibly to be affected by the passage of the bill and that she demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 30), and there were--yeas 86, nays 13, absent and not voting none, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Blair, Carmichael, Craig, Hamilton, Lane, Michael, Overington, Schoen, Stalnaker and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2028) 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
Com. Sub. for H. B. 2126, Exempting land-based finfish from aquaculture facilities from certain sludge management requirements; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2585, Relating to the renewal of teaching certificates and permanent certification; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
At 11:25 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 8, 2007.