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Thursday, January 14, 2010

SECOND 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 13, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions

     Delegate Hamilton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 2 - "Requesting the Division of Highways to name the bridge in French Creek on State Route 20, bridge number 49-20-16.02, as the 'Sergeant Billy W. Rapp, U.S. Army Memorial Bridge'."
     Whereas, Sergeant Billy W. Rapp, was born on May 30, 1947, in Hookersville, West Virginia, son of John W. and Margaret E. Rapp; and
     Whereas, Sergeant Rapp, enlisted in the United States Army on October 24, 1966, and eventually being promoted to sergeant; and
     Whereas, During his service to his country while in the Army, Sergeant Rapp, was awarded the Bronze Star Medal, posthumously, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Ribbon; and
     Whereas, Sergeant Rapp also qualified as a M14 Rifle Expert with Rifle Bar and 45 Pistol Marksman with Pistol Bar; and
     Whereas, On March 21, 1969, Sergeant Rapp, died in Vietnam at Binh Duong Province during hostile gun fire in service to his country; and
     Whereas, It is fitting to honor Sergeant Billy W. Rapp, for his service to his community, his state and giving the ultimate sacrifice to his country by naming the bridge in French Creek on State Route 20, bridge number 49-20-16.02, as the "Sergeant Billy W. Rapp, U.S. Army Memorial Bridge"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the bridge in French Creek on State Route 20, bridge number 49-20-16.02, as the "Sergeant Billy W. Rapp, U.S. Army Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Sergeant Billy W. Rapp, U.S. Army Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family of Sergeant Billy W. Rapp.
     Delegate Perry 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 name bridge number 10-16-23.35 on Route 16 located 0.39 miles south of the junction with U.S. Route 60 in Fayette County, West Virginia the 'Eugene Mitchell Skaggs Memorial Bridge'."
     Whereas, Eugene Mitchell Skaggs was born and raised in Ansted, West Virginia; and
     Whereas, Sadly, Signalman First Class Eugene Mitchell Skaggs was killed serving his state and country during World War II on December 7, 1941; and
     Whereas, Naming bridge number 10-16-23.35, would forever honor the memory of Signalman First Class Eugene Mitchell Skaggs who made the ultimate sacrifice for his country and state; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 10-16- 23.35 on U.S. Route 16 located 0.39 miles south of the junction with U.S. Route 60 in Fayette County, West Virginia on U.S. Route 16 the "Eugene Mitchell Skaggs Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Eugene Mitchell Skaggs Memorial Bridge."
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of Highways, and the family of the late Eugene Mitchell Skaggs.
     Delegate Staggers 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 name that portion of Rt. 16 from the stop light on Rt. 19 at Fayetteville to Cotton Hill bridge as the 'Robert K. "Bob" Holliday Highway'."
     Whereas, Robert K. "Bob" Holliday served in the House of Delegates from 1963 through 1968 and the State Senate from 1969 to 1972 and from 1981 through 1992 and was a respected member of Senate and House Committees; and
     Whereas, During his tenure in the State Legislature he served as Chairman for the Committee on Labor, Chairman for the Committee on Education, Chairman for the Committee on Interstate Cooperation and Chairman for the Committee on Health and Human Resources; and
     Whereas, Mr. Holliday graduated from Montgomery High School in 1950 where he was honored as the Outstanding Senior Student, graduated from West Virginia University, having received a B.A. from the West Virginia Institute of Technology Journalism and having received a M.A. from Marshall University in Political Science; and
     Whereas, Mr. Holliday received the Pearl S. Buck Award in 1982, the Distinguished Service Award from the West Virginia School of Osteopathic Medicine in 1983, the West Virginia Rehabilitation Structural Barriers Award, an Honorary Doctorate in the Adult Basic Education Program and was selected to the Who's Who in American Universities and Colleges; and
     Whereas, Mr. Holliday having served as Chairman for the Heart Fund, Region IV Mental Health Planning Committee, President for the Fayette Mental Health Society, Director for the West Virginia Mental Health Association, Board Member of the Plateau Group Homes, and Director of the New River Gorge County Development Corporation; and
     Whereas, Mr. Holliday having been a member of many community organizations, including the Midland Trail Improvement Association, Pi Sigma Alpha, the Fayette Needy Association, the Coal Valley Lodge: AF:AM, the 32 Scottish Rite, Shiner, the Fayette Volunteers and the Fayette County Young Democratic Club; and
     Whereas, Mr. Holliday having owned and been the editor of a respected newspaper, a noted author, political scientist and television producer; and
     Whereas, Mr. Holliday is a loving and devoted husband to Deborah Bragg Holliday and father of seven children, Kelvin Edward, Kathleen Edna, Stephen Kerr, Robert Lawson, Jeffrey Edward, Tracey Ann and Brandon Michael; and
     Whereas, It is fitting to honor Robert K. "Bob" Holliday for his service to his community and his state by naming the section of Rt. 16 from the stop light on Rt. 19 at Fayetteville to Cotton Hill bridge as the "Robert K. 'Bob' Holliday Highway"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the section of Rt. 16 from the stop light on Rt. 19 at Fayetteville to Cotton Hill bridge as the "Robert K. 'Bob' Holliday Highway"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the roadway as the "Robert K. 'Bob' Holliday Highway"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, to Robert K. "Bob" Holliday and to his family.
     On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
     By Delegates Schadler, Evans, Rowan and Mr. Speaker, Mr. Thompson:
     H. J. R. 101 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation of tangible personal property directly used in commercial and industrial businesses; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
     Delegates Schadler, Evans, Rowan and Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk as follows:
     H. R. 2 - "Memorializing the life of Don Redman, famous jazz musician and composer, and pioneering jazz arranger from Mineral County, West Virginia."
     Whereas, Donald Matthew Redman was born on July 29, 1900, in Piedmont, West Virginia where his father was a music teacher and his mother was a singer. Don began playing the trumpet at the age of three, joined his first band at six and by age twelve was proficient on all wind instruments and the piano. He studied at Storer's College in Harper's Ferry and at the Boston Conservatory; and
     Whereas, In 1922, Don Redman joined the Fletcher Henderson orchestra, mostly playing clarinet and saxophones. He soon began assisting in writing arrangements, and Redman did much to formulate the sound that was to become Big Band Swing; and
     Whereas, Don Redman's importance in the formulation of arranged "hot jazz" can not be overstated; a chief trademark of Redman's arrangements was that he harmonized melody lines and pseudo-solos within separate sections; for example, clarinet, sax, or brass trios. He played these sections off each other, having one section punctuate the figures of another, or moving the melody around different orchestral sections and soloists. His use of this technique was sophisticated, highly innovative, and formed the basis of much big band jazz writing in the following decades; and
     Whereas, In 1927, Don Redman joined the Michigan-based band McKinney's Cotton Pickers as their Musical Director and Leader, and then formed his own band, the Don Redman Orchestra in 1931, which became a fixture at the famous Manhattan Jazz Club, "Connie's Inn." Redman's band recorded for Brunswick Records and did a series of radio broadcasts. Redman and his orchestra also provided music for the animated short "I Heard," part of the Betty Boop series produced by Fleischer Studios and distributed by Paramount. Redman composed original music for the short, which was released on September 1, 1933; and
     Whereas, The Brunswick records Redman made between 1931-1934 were some of the most complex preswing hot jazz arrangements. Not just relying on a driving rhythm or great soloists, but an overall level of arranging sophistication that was unlike anyone else of the period. Notable musicians in Redman's band included Sidney De Paris, trumpet, Edward Inge, clarinet, and singer Harlan Lattimore, who was known as "The Colored Bing Crosby". On the side Redman also did arrangements for other band leaders and musicians, including Paul Whiteman, Isham Jones, and Bing Crosby. In 1933, he made a Vitaphone short film for Warner Brothers. Redman recorded for Brunswick Records through 1934. He did a number of sides for ARC in 1936 and in 1937, he pioneered a series of swing rearrangements of old classic pop tunes for the Variety label. His use of a swinging vocal group (called "The Swing Choir") was very modern with Redman's sophisticated counter-point melodies. He signed with Bluebird in 1938 and recorded with them until 1940; and
     Whereas, In 1940, Redman disbanded his orchestra, and concentrated on freelance work writing arrangements. Some of his arrangements became hits for Jimmy Dorsey, Count Basie, and Harry James. Redman had a musical television show on the CBS Television network for the 1949 season. In the 1950s he was music director for singer Pearl Bailey. In the early 1960s he played piano for the Georgia Minstrels Concert and soprano sax with Eubie Blake & Noble Sissie's band; and
     Whereas, Don Redman died in New York City on November 30, 1964; and
    Whereas, Don Redman was inducted into the West Virginia Music Hall of Fame on November 21, 2009; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby memorializes the life of Don Redman, famous jazz musician, composer and pioneering jazz arranger from Mineral County, West Virginia; and, be it
     Further Resolved, That the House of Delegates hereby acknowledges the important contributions to the field of music made by this Mineral County native; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Mineral County Chamber of Commerce.
      At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 2) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Messages from the Executive

     The Speaker presented annual reports from various state agencies as required by the provisions of law, as follows:
     Barbers and Cosmetologists
     Board of Accountancy
          Certified Public Accountants and Registered Public Accountants
          Consolidated Report of Federal Funds
Board of Counseling

     Board of Dental Examiners
Board of Examiners of Medical Imaging and Radiation Therapy Technology

     Board of Examiners of Psychologists
Board of Medicine

     Board of Osteopathy
     Board of Examiners of Registered Professional Nurses
     Boone County Community Organization Association
Chiropractic Board

          Tourism, Division of
               Film Office
     Commission on Uniform State Laws
     Crime Victims Compensation Fund
     Department of Administration
          Association of Rehabilitation Facilities
          Stream Restoration
     Department of Environmental Protection
     Department of Health and Human Resources
          Appalachian Community Health Center
          Bartlett House Inc.
          Burlington United Methodist Family Services Inc.
          Change Inc.
          Eastern Panhandle Mental Health Center
          Health Access Inc.
          Health ways
     Human Resource Development Foundation Inc.

          Mercer County Fellowship Home Inc.
          Mental Health Consumer's Association
          Milan Peskier Health Right Inc.
          Mingo County Family Resource Network Inc.
          Plessey Ridge
          Stepping Stones Inc.
          James "Tiger" Morton Catastrophic Illness Commission
          Tug River Health Association
          United Summit Center
          Valley Comprehensive Community Mental Health Center Inc.
          Webster County Family Resource Network
          Women's Right to Know Act
     Department of Tax and Revenue
          Classified Assessed Valuations, Taxes Levied
     Division of Energy
          Coalfield Community Development
     Division of Forestry
          Logging Sediment Control Act
          Outdoor Heritage Conservation Fund
     Division of Labor
     Division of Natural Resources
     Division of Purchasing
          Sole Source Determinations
          Stringing Activities Summary
Division of Tourism

          Marketing Plan
     Economic Development Authority     
     Governor's Office of Health Enhancement and Lifestyle Planning
     Hardy County Committee on Aging
     Kanawha Valley Senior Services
     Legislative Auditor Report
     Legislative Oversight Committee on Regional Jail and Correctional Facility Authority
          Division of Corrections
          Division of Juvenile Services
          Regional Jail and Correctional Facility Authority
     Long Term Health Facility Licensure and Certification
     Marshall University Investment Performance Report
     Municipal Bond Commission
Occupational Pneumoconiosis Board

Office of Insurance Commissioner

          Consumer Advocate Office
          Occupational Pneumoconiosis Board
     Parole Board
     PRIDE in Logan County
     Professional Engineers
Professional Surveyors

Public Defender Services

     Real Estate Commission
Department of Revenue

State Budget Office

               Consolidated Report of Federal Funds FY2011
Sanitarian Board of Registration

State Auditor

          Consolidated Budget Report of Coal Severance Fund, Gas and Oil Severance Tax
           and General Funds for the County and Municipal Governments
     State Board of Examiners of Licensed Practical Nurses
     State Police Recruitment of Females and Minorities
     Water Development Authority
     Women's Commission
          Needs Assessment Survey
     WVU Board of Governors
     WVSU Metro Area Agency on Aging Inc.    
     The above- referenced reports are on file in the Clerk's Office.        
Petitions

     Mr. Speaker, Mr. Thompson, presented a resolution, adopted by the Wetzel County Chamber of Commerce, urging the Legislature to assist with economic growth in Wetzel County; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business.
     Delegate Boggs presented a petition on behalf of his constituents, requesting the Public Service Districts of Braxton and Gilmer counties to install water lines to residents from Frametown to Stumptown; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business.
     Delegate Boggs presented a petition on behalf of his constituents, requesting the Department of Highways to upgrade the sight distance on Crites Mountain Road in Braxton County; which was referred to the Committee on Roads and Transportation.
     Delegate Stephens presented a petition on behalf of his constituents, requesting a $1,000 wage increase for all public workers; which was referred to the Committee on Finance.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Overington, Carmichael, Walters, J. Miller, Blair, Cowles, Duke, Sobonya, Rowan, Sumner and Shott:

     H. B. 4027 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-2-13, relating to protecting government from the expense of conducting activities and providing papers and documents in multiple languages"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 4028 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act; and specifying effective dates"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 4029 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to expanding certain crimes against governmental representatives and health care providers to include unlawful acts against volunteer firefighters, emergency medical technicians and persons employed by or under contract with an emergency medical services provider"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 4030 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act and specifying effective dates"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 4031 - "A Bill to amend and reenact §18-9A-8a of the Code of West Virginia, 1931, as amended, relating to providing flexibility in the West Virginia public school support plan for funding regional education service agencies; and capping appropriations for the yearly foundation allowance for regional education service agencies at $4.2 million"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 4032 - "A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to accelerated parole eligibility for certain inmates who complete an advanced rehabilitation treatment plan created with the assistance of a standardized risk and needs assessment; authorizing the Parole Board and the Division of Corrections to propose joint rules for legislative approval; and making technical corrections"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 4033 - "A Bill to amend and reenact §5A-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-1-48 and §5A-1-49 of said code, all relating to the management of motor vehicles and aircraft owned or possessed by the state; authorizing the establishment of the Fleet Management Office within the Department of Administration; authorizing the Secretary of the Department of Administration to promulgate emergency rules; and repealing certain exemptions to rules pertaining to vehicles and aircraft owned or possessed by the state"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 4034 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-16c, relating to authorizing any municipality to enact by ordinance a vacant property registration program; authorizing the assessment and collection of registration fees; and requiring certain procedures for administration and enforcement"; to the Committee on Political Subdivisions then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 4035 - "A Bill to amend and reenact §11-10-5t and §11-10-5z of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13V-7 of said code; and to amend and reenact §11-21-54 and §11-21-74 of said code, all relating to electronic filing of tax returns and electronic funds transfers in payment of taxes; requiring taxpayers with a tax liability of $10,000 or more to file electronically; requiring electronic filing for certain tax preparers and employers; providing exceptions; and providing a $10,000 tax liability threshold amount to require taxpayers to pay by electronic funds transfers"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 4036 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-10-3a, relating to the establishment of the Judicial Vacancy Advisory Commission; providing for commission membership and terms of appointment; requiring written policies and procedures of the commission; establishing a quorum requirement; requiring that certain proceedings of the commission be open to the public; requiring the disclosure of certain documents or materials; exempting certain meetings from the Open Governmental Proceedings Act; and exempting certain documents and materials from the Freedom of Information Act"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 4037 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §13-4-1 and §13-4-2, all relating generally to federal subsidy bonds and bond financing; defining terms; authorizing certain bond issuers to receive credit payments with respect to federal subsidy bonds; and exempting the bonds from taxation"; to the Committee on Finance.
     At 11:18 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 15, 2010.