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Thursday, January 24, 2008

SIXTEENTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, 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 23, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4082, Relating to the Public Employees Retirement System,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4082) was referred to the Committee on Finance.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2881, Providing that antique motor vehicles may be used for occasional recreational driving,
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. 2881) was referred to the Committee on the Judiciary.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2500, Exempting from the sales and use tax special equipment installed in a motor vehicle for the use of a person with physical disabilities,
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. 2500) was referred to the Committee on Finance.
Chairman Tucker, from the Committee on Industry and Labor, submitted the following report, which was received:
Your Committee on Industry and Labor has had under consideration:
H. B. 4030, Requiring that workplace fatalities be reported to the Division of Labor,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4030) was referred to the Committee on the Judiciary.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2930, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2930) was referred to the Committee on the Judiciary.
Chairman Moore, from the Committee on Banking and Insurance submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2517, Providing that the Board of Banking and Financial Institutions have the authority to approve acquisitions of out-of-state banks by WV state banks,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2517) to the Committee on Finance was abrogated.
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
S. B. 271 - "A Bill to amend and reenact §15-2-6 of the Code of West Virginia, 1931, as amended, relating to grievance appeal recommendation board; providing rule-making authority; and establishing grievance procedure for state police"; 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. 272 - "A Bill to amend and reenact §46A-6F-113 of the Code of West Virginia, 1931, as amended, relating to definition of telemarketing solicitation"; which was referred 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. 273 - "A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-12-5c of said code, all relating to removing references to repealed statutes and replacing with current statutory references"; which was referred the Committee on the Judiciary.
Resolutions Introduced

Delegates Rowan, Beach, Cowles, C. Miller, Tansill, Paxton, Shaver, Perry, Evans and Gall offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 18 - "Requesting that the Timber Rattlesnake be made West Virginia's state reptile."
Whereas, The Timber Rattlesnake is an integral part of the history, culture, and ecology of West Virginia and the United States; and
Whereas, The Timber Rattlesnake is present throughout West Virginia; and
Whereas, The Timber Rattlesnake's color and pattern is reminiscent of West Virginia's fauna and flora; and
Whereas, The Timber Rattlesnake is indicative of our mountainous topography; and
Whereas, The Timber Rattlesnake is important to preserve as a predator and prey in West Virginia's ecology; and
Whereas, The Timber Rattlesnake, replete with the slogan, "Don't Tread On Me", is currently being used on a flag to symbolize the courage, dedication, and sacrifices by the U.S. Navy on all fighting ships in the War on Terrorism; and
Whereas, The Timber Rattlesnake kills mice and rats at no cost, while cleaning up after itself; and
Whereas, The Timber Rattlesnake is a popular icon that does attract attention and thereby may enhance tourism; and
Whereas, No other state has adopted the Timber Rattlesnake as a state reptile, West Virginia can be the first, and that it would be a proud contribution by the eighth grade class at the Romney Middle School, from West Virginia's oldest county, in West Virginia's oldest town to have been instrumental in making the Timber Rattlesnake the state reptile of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Timber Rattlesnake shall be known as the state reptile for West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Mayor and the City Council in the City of Romney, to the eighth grade class at Romney Middle School, to the Division of Natural Resources and to the Department of Agriculture.
Delegates Eldridge, Hrutkay, Ellis, Rodighiero and Barker offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 19 - "Requesting the Division of Highways to rename Heritage Road, specifically Lincoln County Route 13/7, to 'Guy Gillenwater Hollow'."
Whereas, Guy Gillenwater grew up on Heritage Road which is located off Yeager Highway, Rt. S214 at Yawkey in Lincoln County approximately 8 miles at the foot of Sumerco Mountain; and
Whereas, Guy Gillenwater was one of thirteen brothers and sisters; and
Whereas, Guy Gillenwater was an outstanding and loyal citizen of the community who helped everyone in any way he could; and
Whereas, Guy Gillenwater was a loving husband and loving father who raised nine children, all of whom graduated from high school and currently live in the same vicinity; and
Whereas, Guy Gillenwater served in the Coal Conservation Camp during the depression and would send money home to help support his family; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature request the Division of Highways to rename Lincoln County Route 13/7 in Yawkey, "Guy Gillenwater Hollow"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at both ends of the road; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this Resolution to the Commissioner of Highways, the Lincoln County Commission and Guy Gillenwater.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 20 - "Requesting the Joint Committee on Government and Finance to study the establishment of a court of chancery within the unified judicial system in the State of West Virginia."
Whereas, Courts of chancery or "business courts" have been established by states throughout the country to preside over and adjudicate matters of commercial law and complex litigation between businesses; and
Whereas, Courts of chancery are presided over by a judge with extensive knowledge in commercial law, complex litigation and other areas of law affecting businesses and corporations; and
Whereas, Courts of chancery promote and utilize alternative dispute resolution to bring about successful resolution of cases without the parties becoming embroiled in a protracted litigation process; and
Whereas, Courts of chancery relieve the dockets of circuit courts by removing cases involving commercial law and complex business litigation and assigning them to a court of chancery; and
Whereas, Courts of chancery have allowed for complex cases to be resolved faster and with less expense than cases tried in courts of general jurisdiction; and
Whereas, Courts of chancery are a valuable tool for assisting businesses to get fair, consistent, and timely dispute resolution; and
Whereas, Courts of chancery allow the judges to utilize technology, such as electronic filing and internet technology to support case management; and
Whereas, Several states have established by legislation, by rule, or by means of a pilot program a form of chancery court; and
Whereas, Many states are either working to establish or are studying the feasability of establishing a court of chancery, and it is worthy of consideration by this Legislature as to whether implementation of a Court of chancery would improve our court system and business climate; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the establishment of a chancery court in the state of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions, recommendations, together with any drafts of any legislation necessary to effectuate its recommendation; and, be it
Further Resolved, That the expense necessary to conduct this study, to prepare a report, to draft necessary legislation, by paid from the legislative appropriations to the Joint Committee on Government and Finance.
Delegates Mr. Speaker, Mr. Thompson, and Delegates Perdue, DeLong, White, Webster, Hatfield, Argento, Barker, Beach, Campbell, Cann, Eldridge, Ellis, Ennis, Frederick, Gall, Higgins, Hrutkay, Hutchins, Klempa, Kominar, Long, Mahan, Manchin, Moore, Moye, Palumbo, Perry, Pethtel, Pino, D. Poling, Reynolds, Rodighiero, Shook, Spencer, Staggers, Swartzmiller, Talbott, Varner, Wells, Wysong, Yost, Armstead, Andes, Ashley, Border, Canterbury, Lane, J. Miller, C. Miller, Overington, Rowan and Sumner offered the following resolution, which was read the Clerk:
H. R. 9 - "Designating January 24, 2008 as 'Disability Advocacy Day'."
Whereas, There are more than 400,000 West Virginians with disabilities; and
Whereas, People with disabilities have the right to equal opportunity to live full productive lives in the community of their choice; and
Whereas, People with disabilities have the right to receive supports they need to exercise self-determination, achieve independence, contribute to their communities and become productive employees in the workplace; and
Whereas, West Virginia's citizens with disabilities have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and
Whereas, Such organizations as the Appalachian Center for Independent Living, Mental Health Association of Monongalia County, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Advocates, West Virginia Assistive Technology System, West Virginia Developmental Disabilities Council, West Virginia Mental Health Planning Council, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, West Virginia Autism Training Center, the ARC of the Three Rivers, the West Virginia State Rehabilitation Council, The West Virginia Alliance for Sustainable Families, the West Virginia Olmstead Office, the West Virginia Hartley/Medley Advocacy Project, Job Squad Incorporated, Children with Special Health Care Needs, The ARC of the Mid-Ohio Valley and the West Virginia University Center for Excellence in Disability have joined together with individual Network members to help increase public awareness of issues involving the many concerns of West Virginians with disabilities; and
Whereas, The purpose of Disability Advocacy Day is to increase the awareness of legislators, administrators, policymakers and the public of the public policy issues that are important to people with disabilities; therefore be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 24, 2008 as "Disability Advocacy Day," and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 9) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Kominar, Ashley, Barker, Perry, Moore, Walters and Schoen:

H. B. 4157 - "A Bill to amend and reenact §33-3-1 of the Code of West Virginia, 1931, as amended, relating to allowing an insurer to collect premiums and otherwise service certain policies after its license is no longer in effect"; to the Committee on Banking and Insurance; and then the Judiciary.
By Delegates Varner, Mahan, Hrutkay, Wysong, Tabb, Long, Moye, Kominar, Stemple, Webster and White:

H. B. 4158 - "A Bill to amend and reenact §36-8A-5 of the Code of West Virginia, 1931, as amended, relating to allowing law-enforcement agencies to auction off unclaimed stolen firearms with proceeds going back to the law-enforcement agency"; to the Committee on the Judiciary then Finance.
By Delegates Gall, Moye, Kessler, Swartzmiller, Ashley, Browning, Burdiss, Pino and Crosier:

H. B. 4159 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-1-6, relating to the recision of higher education loans, scholarships or other financial aid from students who receive two or more citations for an open container violation, DUI, underage consumption, public intoxication or contributing to the delinquency of a minor"; to the Committee on Education then the Judiciary.
By Delegates Stemple, Webster, Hrutkay, Long, Mahan, Varner, Browning, Proudfoot, Azinger, Moore and Ellem:

H. B. 4160 - "A Bill to amend and reenact §50-3-2 of the Code of West Virginia, 1931, as amended, relating to costs in criminal proceedings"; to the Committee on the Judiciary then Finance.
By Delegates Beach, Shook, Shaver, Fleischauer, Longstreth, Manchin, Caputo and Williams:

H. B. 4161 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to increasing the Public Service Commission appointees from 3 to 5; and requiring one appointee from each congressional district and two at-large appointments"; to the Committee on Government Organization then the Judiciary.
By Delegates Reynolds, Stephens, Craig, Morgan, Rodighiero, Miley, Hrutkay, Eldridge, Ellis, Boggs and Perdue:

H. B. 4162 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to leaving children unattended or unsupervised in motor vehicles; penalty; and the authority of a law-enforcement officer"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Palumbo, Wells, Guthrie, Hatfield, Spencer, Webster and Brown:

H. B. 4163 - "A Bill to amend and reenact §18-9A-11 of the Code of West Virginia, 1931, as amended, relating to computation of local share, appraisal and assessment of property; local library support"; to the Committee on Education then Finance.
By Delegates Doyle, Brown, Fleischauer, Palumbo, DeLong, Hutchins, Klempa, Marshall, Michael, Moore and Webster:

H. B. 4164 - "A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices; prohibiting discrimination based upon age and sexual orientation; and defining sexual orientation"; to the Committee on the Judiciary.
By Delegates Rodighiero, Ellis, Reynolds, Hrutkay, Eldridge and Stephens:

H. B. 4165 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-15-8b of said code, all relating to permitting members of volunteer fire departments to participate in the state's public employees insurance plan; adding to the definitions of employer and employee; and authorizing the payment of the costs of the insurance coverage"; to the Committee on Banking and Insurance then Finance.
By Delegates Morgan, Martin, Higgins, Long and Palumbo:

H. B. 4166 - "A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended, relating to unauthorized practice of medicine and surgery or podiatry or as a physician assistant; criminal penalties; reducing the amount of fine for a person practicing on an expired license for less than three months; specifying as a felony the unauthorized practice of medicine and surgery or podiatry or as a physician assistant in all other instances; providing for enhanced criminal penalties where serious bodily injury results from such unauthorized practice"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Proudfoot, M. Poling, Campbell, Perdue and White:

H. B. 4167 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-2-11 of said code, all relating to reports of inspections of primary and secondary schools by local boards of health; and authorizing the Commissioner of the Bureau for Public Health to promulgate and establish standards for these inspections"; to the Committee on Government Organization then Education.
By Delegates Fleischauer, Guthrie, Long, Tabb, Azinger and Lane:

H. B. 4168 - "A Bill to repeal §60-1-5a of the Code of West Virginia, 1931, as amended; to repeal §60-3-25 of said code; to amend and reenact §60-1-5 of said code; to amend and reenact §60-4-3b, §60-4-22 of said code; to amend said code by adding thereto four new sections, designated §60-4-2a, §60-4-2b, §60-4-2c, §60-4-22a; to amend and reenact §60-6-1 of said code; to amend and reenact §60-8-1, §60-8-2, §60-8-3, §60-8-4, §60-8-6, §60-8-6a, §60-8-19, §60-8-20, §60-8-24, §60-8-28, §60-8-30 and §60-8-32 of said code; and to amend said code by adding thereto two new sections, designated §60-8-3a and §60-8-3b, all relating to sales of wine; adding and removing certain definitions; establishing application and reporting requirements for farm wineries seeking a waiver of raw product quotas and import restrictions; defining 'off-farm location' to mean a West Virginia farm or winery; limiting the duration of waivers; providing for winery and farm winery license to manufacture and sell; deleting provisions prohibiting wholesaler's representatives or their spouses from contributing to political party campaign funds; authorizing wine specialty shops to conduct wine sampling events and wine tasting events without obtaining a separate license; deleting provisions relating to wine tasting and wine sampling licenses; limiting direct shipping licenses to wineries or farm wineries producing twenty thousand gallons of wine or less per year; exempting from payment of the liter tax any winery or farm winery producing twenty thousand gallons of wine or less per year; providing that where a supplier or direct shipper does not have a minimum nexus with this state, the purchaser of wine from the supplier or direct shipper is responsible for reporting, collecting, remitting and paying taxes on the wine sold to the Tax Commissioner; adopting language relating to disposition of wine tax revenues; decreasing the cost and duration of wine brand and label registration; requiring the Alcohol Beverage Control Commissioner to propose rules for promulgation setting out standards for wine brand and label review and registration; and allowing wine manufacturers, suppliers and distributors to agree in writing to a period of less than ninety days for termination of a distribution agreement"; to the Committee on the Judiciary then Finance.
House Calendar

Third Reading

Com. Sub. for H. B. 4036, Granting the board of Respiratory Care Practitioners rulemaking authority and the issuance of temporary permits to students;
on third reading, coming up in regular order, was read a third time.
Delegate Caputo requested to be excused from voting on the passage of Com. Sub. for H. B. 4036 under the provisions of House Rule 49, stating that his
daughter was a student in a respiratory care program at Fairmont State College.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he 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. 11), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Ennis, Lane, Mahan and Marshall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4036) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 12), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Ennis, Lane, Mahan and Marshall.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4036) 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.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 4019, Relating to civil actions filed in the courts of the state,
And,
Com. Sub. for H. B. 4053, Protecting computer owners and users from computer spyware.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 3215, Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College,
H. B. 4072, Clarifying that the Board of Registration for Professional Engineers is subject to a regulatory board review,
H. B. 4073, Clarifying that the Board of Examinations in Counseling is subject to a regulatory board review,
H. B. 4078, Relating to the termination of the Blennerhassett Island Historical State Park Commission,
H. B. 4085, Relating to regulatory review of the West Virginia Acupuncture Board,
H. B. 4100, Repealing outdated provisions of the West Virginia Code relating to the operation of the penitentiary by the Commissioner of Public Institutions,
H. B. 4101, Repealing outdated provisions of the West Virginia Code relating to Huttonsville Correctional Center,
And,
H. B. 4107, Repealing outdated provisions of the West Virginia Code relating to Denmar State Hospital.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Beach, Ennis, Lane, Mahan and Marshall.
At 11:31 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 25, 2008.