The Register-Herald, Beckley, West Virginia

March 11, 2010

Several old laws abandoned

House of Delegates action

By Mannix Porterfield
Register-Herald Reporter

CHARLESTON — Talking dirty in public and living without benefit of a marriage license were among objects of old laws the House decided to abandon Thursday.

And those are two reasons Delegates Linda Sumner, R-Raleigh, and Rick Moye, D-Raleigh, were among the seven who voted against the Senate bill.

Other laws the House agreed were archaic were the bans on dueling, public drunkenness and wearing a hat inside a theater.

Sumner was especially at odds with striking down the law against profanity in public.

“We have a lot of people who don’t want to hear that when they’re out with their children in public,” she said.

“I couldn’t support that as being considered archaic language in our law.”

Moye said he was disturbed by the decision to drop adultery and lewd cohabitation as crimes against public morality.

The bill was originated by Sen. Doug Facemire, D-Braxton, after a lawyer-friend researched the state code for laws that no longer are being enforced.

One old law deemed ancient was a ban on the displaying of red and black flags, ostensibly for undefined political agendas.

Speeding through a long list of lesser measures, in advance of today’s showdown on some key legislation, the House agreed to hike penalties for patients who use deceit to get prescriptions for controlled substances.

Penalties would go from $1,000 or six months in jail to $2,500 or nine months in custody, or both.

Another bill changes the commercial driver’s license statute so that state law conforms with federal regulations.

It further stipulates that criminal background checks will be performed on any employee within the Division of Motor Vehicles’ licensing division.

Delegates approved a Senate bill that forbids dumping of electronic devices such as computers and TV sets in any solid waste landfill.

Existing law doesn’t prohibit this.

Likewise clearing the chamber was a measure providing family law judges flexibility in dealing with various kinds of domestic violence.

A new misdemeanor offense for third and subsequent violations of protective orders was added.

And the bill provides that pets and other animals can be covered by protective orders.