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Thursday, January 18, 2007
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 Wednesday, January 17, 2007, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented the annual report for the period ending June 30, 2006,
of the Real Estate Commission, in accordance with section twelve-b, article one, chapter thirty of
the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the 2005-2006 annual report of the Board of
Chiropractic, in accordance section twelve-b, article one, chapter thirty; which is filed in the Clerk's
Office.
Mr. Speaker, Mr. Thompson, presented the 2005-06 annual report of the Division of Natural Resources, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the annual report for the 2006 fiscal year for the
Board of Examiners for Licensed Practical Nurses regarding licensure by examination by veterans,
in accordance with section seven, article twenty-four, chapter thirty of the code; which was filed in
the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the State Auditor's Consolidated Budget Report of
the Coal Severance Fund, Gas and Oil Severance Tax and General Funds for the County and
Municipal Governments for the fiscal year ending June 30, 2007, in accordance with section six,
article thirteen-a, chapter eleven of the code; which was filed in the Clerk's Office.
Resolutions Introduced
Delegates Browning and Burdiss offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 3 - "Requesting the Division of Highways to name the bridge leading into Wyco,
West Virginia, the 'Zeb S. Pugh Memorial Bridge'."
Whereas, Mr. Zeb Pugh was born on December 9, 1918, in Galax, Virginia. He was the
son of the late Benjamin Harrison and Tiny Brown Pugh; and
Whereas, Zeb Pugh grew up in Covel, West Virginia, where he graduated from Conley High
School and from the Bureau of Mines Academy at Beckley College; and
Whereas, Zeb Pugh worked for several coal companies in West Virginia during his 35 year
career as a coal miner and was the first African-American mine foreman in Wyoming County. Zeb
attended school to become a Federal Mine Inspector, leading his class with a 4.0 grade point average
and retired in 1973 as a Federal Mine Inspector from the Bureau of Mines in Norton, Virginia; and
Whereas, Zeb Pugh was the founder of the Wyco, West Virgnia Water Works and worked
tirelessly to ensure that all the residents of Wyco, West Virginia had fresh, clean water in their
homes; and
Whereas, Zeb tried for years to obtain funding through the Housing and Urban
Development but was turned down at every turn. He was finally able to obtain $15,000 through the
state's counter cyclical fund, an emergency fund designed to aid communities with water system
problems; and
Whereas, G.O. Bledsoe, Inc., a Beckley engineering firm, estimated that this size of a
project would cost $425,846.00 to complete; however, Mr. Zeb Pugh and volunteers were able to
complete this project for the $15,000 that he obtained through the state's counter cyclical fund; and
Whereas, Mr. Zeb Pugh and the Homeowners Water Company purchased the water system
for $400 and upgraded the system through grants from the County Commission and Governor
Rockefeller. The Wyco Water Company, at the time of Mr. Pugh's death in 1997, was worth
$500,000; and
Whereas, Mr. Zeb Pugh chartered the Wyoming County NAACP where he served as
President for many years and opened many doors for African Americans within Wyoming County;
and
Whereas, Mr. Zeb Pugh died on August 21, 1997. He is survived by his wife of 56 years,
Mrs. Margaret E. Pugh and three daughters, Rebecca and Geneva Pugh and Faye Pugh Singh. His
son, Rudolph Pugh, died in 2002 in Inglewood, California; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge leading into Wyco, West Virginia, the "Zeb S. Pugh 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 "Zeb S. Pugh Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to prepare
a certified copy of this resolution for the Secretary of Transportation, the Commissioner of the
Division of Highways and the family of Mr. Zeb S. Pugh.
Delegates Browning and Burdiss offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 4 - "Requesting the Division of Highways to name the bridge numbered 10251 on
Charley Hatfield Road, State Route 6, the 'Rodney Morgan Memorial Bridge' and the bridge
numbered 2305 on County Route 6/2 leading into Coal Mountain, the 'Rodney "Ronnie" Staton
Memorial Bridge'."
Whereas, Rodney Morgan was born in 1950 to the parents of Azzie and Martha Morgan of
Simon, West Virginia; and
Whereas, Rodney Morgan attended Long Branch Elementary School and went on to
graduate from Baileysville High School; and
Whereas, Rodney Morgan joined the military in 1970 and was sent to Vietnam in December
of that year where he was killed in action on January 5, 1971, at the age of 21 and being in Vietnam
for only a few weeks; and
Whereas, Rodney "Ronnie" Staton was born on November 21, 1942, to the parents of
Garland and Veatrice Staton; and
Whereas, Ronnie Staton lived in Guyan, West Virginia where he attended Coal Mountain
Elementary School and went on to graduate from Baileysville High School; and
Whereas, In February of 1963, Ronnie Staton enlisted in the Army, completing basic
training at Fort Gordon, Georgia. Deciding to make the military his career, Ronnie Staton reenlisted
with the Army in 1966 and was sent to the 101st Airborne at Fort Campbell, Kentucky, where he
served as a drill instructor for the artillery unit; and
Whereas, In May of 1966, Ronnie Staton was sent to Vietnam where he was promoted to
Gunnery Sergeant in the 2nd and 19th artillery, a part of the 101st Airborne. Ronnie Staton was killed
in action on December 27, 1966; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered
10251 on Charley Hatfield Road, State Route 6, the "Rodney Morgan Memorial Bridge" and the
bridge numbered 2305 on County Route 6/2 leading into Coal Mountain, the 'Rodney "Ronnie"
Staton Memorial Bridge'; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on
the bridges signs identifying them as the "Rodney Morgan Memorial Bridge" and the "Rodney
'Ronnie' Staton Memorial Bridge", respectively; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to prepare
a certified copy of this resolution for the Secretary of Transportation, the Commissioner of the
Division of Highways and the family of the heroes of this resolution.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Williams:
H. B. 2291 - "A Bill to amend and reenact §61-3-39g of the Code of West Virginia, 1931,
as amended, relating to providing that when a person from another state writes a worthless check in
this state which results in a summons to appear in magistrate court but then fails to appear shall have
his or her privilege to drive in this state revoked; and providing that the Division of Motor Vehicles
provide a copy of the revocation to the state wherein the person holds a driver's license"; to the
Committee on the Judiciary then Finance.
By Delegate Romine:
H. B. 2292 - "A Bill to amend and reenact §18A-4-3 of the Code of West Virginia, 1931,
as amended, relating to increased salary increments paid to principals and assistant principals"; to
the Committee on Education then Finance.
By Delegates Stalnaker and Varner:
H. B. 2293 - "A Bill to amend and reenact §11-6C-1 of the Code of West Virginia, 1931,
as amended, relating to including boat retailers in the special method for appraising dealer vehicle
inventory"; to the Committee on the Judiciary then Finance.
By Delegates Caputo and Tucker:
H. B. 2294 - "A Bill to amend and reenact §22A-2-46 of the Code of West Virginia, 1931,
as amended, relating to requiring a certified person to examine underground mines after cutting and
welding has been performed"; to the Committee on Industry and Labor, Economic Development and
Small Business then the Judiciary.
By Delegates Caputo, Stalnaker and Perdue:
H. B. 2295 - "A Bill to amend and reenact §20-5-18 of the Code of West Virginia, 1931, as
amended, relating to making the fifty percent discount on campground rental fees at state parks for
West Virginia citizens sixty-two years of age or older available year-round"; to the Committee on
Agriculture and Natural Resources then Finance.
By Delegates Caputo, Tucker and Stemple:
H. B. 2296 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-1-12; and to amend said code by adding thereto a new section,
designated §46A-6F-401a, all relating to requiring certain vendors to use only persons authorized
to work in the United States; establishing a customer's right to customer sales or customer service
call center information; and providing penalties"; to the Committee on Industry and Labor,
Economic Development and Small Business the Judiciary.
By Delegates Caputo and Tucker:
H. B. 2297 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-5-22, relating to providing a ten percent discount to West
Virginia residents for lodging, camping and other recreational activities at state parks and forests";
to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Caputo, M. Poling and Paxton:
H. B. 2298 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931,
as amended, relating to providing for increased compensation for aides and paraprofessionals with
large numbers of pupils in kindergarten and grades one through six"; to the Committee on Education
then Finance.
By Delegates Caputo, Longstreth, M. Poling, Barker, Eldridge, Hrutkay, Fragale, Iaquinta and Miley:
H. B. 2299 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-6-29, relating to allowing state employees to take paid leave
to attend parent-teacher conferences for their children"; to the Committee on Government
Organization then Finance.
By Delegates Ellem, Anderson and Azinger:
H. B. 2300 - "A Bill to amend and reenact §49-7-1 of the Code of West Virginia, 1931, as
amended, relating to releasing the name and identification of an adjudicated or convicted juvenile
to the victim of the offense"; to the Committee on the Judiciary.
By Delegates Ellem, Schadler and Lane:
H. B. 2301 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §48-8-104a, relating to providing that adultery shall be a bar to
alimony in a divorce proceeding"; to the Committee on the Judiciary.
By Delegates Caputo and Tucker:
H. B. 2302 - "A Bill to amend and reenact §22A-2-16 of the Code of West Virginia, 1931,
as amended, relating to requiring the superintendent or owner-operator of the mine to sign the fire
boss record book each day along with the mine foreman"; to the Committee on Industry and Labor,
Economic Development and Small Business then the Judiciary.
By Delegates Barker, Eldridge, Boggs, Talbott and Argento:
H. B. 2303 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §61-7-6a, all relating
to dangerous weapons; exceptions to prohibition; and modifying the method of establishing reciprocity between states regarding handgun permits"; to the Committee on the Judiciary.
By Delegates Caputo and Longstreth:
H. B. 2304 - "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931,
as amended, relating to increasing the fine for a first offense misdemeanor conviction of illegally
parking in an accessible parking space"; to the Committee on Roads and Transportation then the
Judiciary.
By Delegates Iaquinta and Talbott:
H. B. 2305 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §60A-4-401a, relating to establishing threshold quantities of certain
controlled substances to trigger prima facie evidence of intent to deliver if possessed by an
individual"; to the Committee on the Judiciary.
By Delegate Doyle:
H. B. 2306 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-20-3a, relating to empowering certain county and municipalities
to deny a development activity if adequate public facilities, assets and services are not available to
support the activity; delegation of authority; and expanding the list of capital improvements and
services which may be determined to be adequate to include libraries and library services"; to the
Committee on Political Subdivisions then Finance.
By Delegate Doyle:
H. B. 2307 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-20-3a, relating to expanding the definition of capital
improvements and services which may be funded with county impact fees to include libraries, library services and affordable housing for individuals or families with low or moderate income"; to the
Committee on Political Subdivisions then Finance.
By Delegate DeLong:
H. B. 2308 - "A Bill to amend and reenact §48-1-230 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto two new sections, designated §48-18-119a
and §48-18-119b, all relating to child support generally; providing for liens upon child support
obligors' proceeds from workers' compensation awards, from civil settlements, judgments, or awards
from arbitration or other alternative dispute resolutions"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2309 - "A Bill to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-6, §5B-
2E-7, §5B-2E-8, §5B-2E-9 and §5B-2E-11 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §5B-2E-7a, all relating to tourism
development projects and tourism development expansion projects; definitions; modifying total
amount of tourism development project tax credit available on or near reclaimed surface mining
operation; modifying total amount of tourism development project tax credit available during
calendar years; creating a tourism development expansion project credit; implementing a five million
dollar tax credit maximum availability for tourism development expansion projects; authorizing the
promulgation of rules to establish a tourism development expansion project application process; and
establishing a termination date for action on applications for tourism development projects and
validity of such projects not previously approved"; to the Committee on Government Organization
then Finance.
By Delegates Caputo and Tucker:
H. B. 2310 - "A Bill to amend and reenact §21A-6A-3 of the Code of West Virginia, 1931,
as amended, relating to granting the Governor authority to grant an extension for unemployment
compensation benefits when special circumstances exist"; to the Committee on Government
Organization then Finance.
By Delegates Perry, Pino and Stemple:
H. B. 2311 - "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
and the distribution of money earned in the program"; to the Committee on Government
Organization then Finance.
By Delegates Brown and Hatfield:
H. B. 2312 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-5B-16, relating to requiring faith-based, abstinence only and
antichoice facilities or organizations to have certain written policies and procedures"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Brown and Hatfield:
H. B. 2313 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-5B-13a, relating to hospitals and similar institutions; and
requiring any faith-based facility that counsels women regarding contraception, abortion or
pregnancy to maintain a quality assurance program"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2314 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as
amended, relating to updating meaning of federal taxable income and certain other terms used in
West Virginia Corporation Net Income Tax Act; and specifying effective dates"; to the Committee
on Finance.
By Delegates Perry, Beach, Pino, Stemple and Michael:
H. B. 2315 - "A Bill to amend and reenact §62-12-23 of the Code of West Virginia, 1931,
as amended, relating to notification of parole hearings; victim's right to be heard; and adding to the
crimes committed by an offender for which the preparation of a parole hearing notification form and
notification of release on parole is required"; to the Committee on the Judiciary.
House Calendar
Second Reading
H. B. 2105, Extending the expiration date of provisions permitting retired teachers to accept
employment as substitutes in areas of critical need and shortage for an unlimited number of days
without affecting retirement benefits; on second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate
Carmichael regarding his proposal to increase the tax on cigarettes be printed in the Appendix to the
Journal.
At 11:22 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January, 19, 2006.