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TUESDAY, FEBRUARY 9, 2010

TWENTY-EIGHTH 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 Monday, February 8, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4203, Encouraging county extension services to collect data regarding the locations of all cemeteries within the state,
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. 4203) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4164, Creating of a pilot program for the placement of children four to ten years of age in foster care which shall be known as Jacob's Law,
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. 4164) was referred to the Committee on Finance.
Messages from the Executive

The Speaker laid before the House of Delegates a communication, which was read by the Clerk as follows:
OFFICE OF THE SPEAKER

February 8, 2010

Honorable Gregory M. Gray
Clerk of the House
State Capitol
Charleston, WV 25305
Pursuant to House Resolution 14 and Rule 17 of the Rules of the House of Delegates, I have appointed the members of the Select Committee on Coal Mining Permits.
The members of such Select Committee are as follows:
The Honorable Roy Givens (2nd District), Chair
The Honorable Sam Cann (41st District)
The Honorable Tim Manchin (43rd District)
The Honorable Greg Butcher (19th District)
The Honorable John Shott (24th District)
Sincerely,
Richard Thompson,
Speaker.

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. 381 - "A Bill to amend and reenact §31A-4-26 of the Code of West Virginia, 1931, as amended, relating to banking institutions; and the ability of employees of the Division of Banking to obtain credit"; which was referred to the Committee on Banking and Insurance then the Judiciary.
Resolutions Introduced

On motions for leave, Joint Resolution were introduced, read by their titles and severally referred as follows:
By Delegates Romine, McGeehan, Walters, Evans, Azinger, C. Miller, Shott, Porter,

Duke, Rowan and Blair:
H. J. R. 106 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article ten thereof by adding thereto a new section, designated section five-a, relating to taxes and fees; providing that bills imposing a tax or license fee and bills increasing the effective rate of any tax levied or fee imposed may not be enacted unless sixty percent of the members of each house, present and voting, vote in the affirmative for passage; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of the proposed amendment"; to the Committee on Constitutional Revision then Finance.
By Delegate Andes:
H. J. R. 107 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 22, article VI thereof, relating to the length of a legislative session; 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 the Judiciary.
By Delegate Andes:
H. J. R. 108 - "Proposing an amendment to the Constitution of the State of West Virginia, amending sections two and three, article VI thereof, relating to the Legislature; providing a reduction in the number of delegates and senators; and doing away with the requirement that two senators be elected from each district; 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 the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Fleischauer, Staggers, Lawrence, Manypenny, Susman, Doyle, Eldridge, Beach, M. Poling, Marshall and Hunt:

H. B. 4403 - "A Bill to amend and reenact §24-2-1e and §24-2-11a of the Code of West Virginia, 1931, as amended, all relating to not allowing accelerated rate of recovery for adverse effects of constructing transmission facilities and revising the definition of need"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Spencer

[By Request of the Consolidated Public Retirement Board]:
H. B. 4404- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-54; and to amend and reenact §15-2A-16 of said code, all relating to State Police; imposing criminal penalties for attempting to falsify records to defraud the West Virginia State Police Death, Disability and Retirement Fund; and requiring repayment of any additional benefits received as a result of fraudulent actions under the West Virginia State Police Death, Disability and Retirement Fund and the West Virginia State Police Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Manchin, Longstreth and D. Poling:

H. B. 4405 - "A Bill to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as amended, relating to replacing a citizen member with a municipal or county representative on the Public Employees Insurance Agency Finance Board"; to the Committee on Political Subdivisions then Government Organization.
By Delegates Manypenny, Guthrie, Brown, Walker, D., Skaff, Rowan, Klempa, Caputo and Mahan:

H. B. 4406 - "A Bill to amend and reenact §19-14-5 of the Code of West Virginia, 1931, as amended, relating to providing moneys from an additional commercial feed distributor fee assessed to commercial feed distributors to fund a statewide spay and neuter program; and creating the Spay Neuter Assistance Fund"; to the Committee on Agriculture then the Judiciary.
By Delegates Guthrie, Butcher and Manypenny:

H. B. 4407 - "A Bill to amend and reenact §19-20A-2 and §19-20A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-20A-4a, all relating to rabies vaccination of dogs and cats; requiring that administered rabies vaccinations be capable of producing immunity for three years; requiring dogs and cats to be revaccinated every three years; and allowing for letters of exemption from rabies vaccination for medical reasons"; to the Committee on Agriculture then the Judiciary.
By Delegates Manypenny, Fleischauer, Hutchins, Martin, T. Walker, Susman, Shook, Moye, Moore and Paxton:

H. B. 4408 - "A Bill to amend and reenact §22-6-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §22-6A-1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-7, §22-6A-8, §22-6A-9 and §22-6A-10, all relating to creating the 'Surface Owners' Rights Recognition Act'; protecting the rights of surface owners of property where oil or gas wells are to be located; making legislative findings; requiring oil and gas operators to give notice of planned work and its impact upon the property before entry is made; setting forth notice requirements; prohibiting waivers; providing exceptions; setting forth civil penalties; and requiring separate bonds to be posted"; to the Committee on the Judiciary then Finance.
By Delegate Louisos:

H. B. 4409 - "A Bill to amend the Code of West Virginia, 1931, as amended, to amend said code by adding thereto a new article, designated §9-4F-1, §9-4F-2, §9-4F-3 and §9-4F-4; and to amend and reenact §23-4-6 of said code; and to amend said code by adding thereto a new article, designated §23-4D-1, §23-4D-2, §23-4D-3 and §23-4D-4; and to amend and reenact §31A-3-2 of said code, all relating to collection by the state of seventy-five percent of overdraft fees assessed by financial institutions and using that money to finance the funds created in the bill; creating the Supplemental Personal Needs Allowance Fund for the purpose of increasing the monthly personal needs allowance received by Medicaid recipients who are residents of nursing homes or personal care homes to $75; and creating the Workers' Lifetime Total Disability Fund for the purpose of continuing permanent total disability benefits to injured workers over seventy years of age"; to the Committee on Finance.
By Delegates Miley, Fleischauer, Hatfield, Klempa, Mahan, Manchin, Moore, Morgan, Perdue, Hunt and Cann:

H. B. 4410 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §9-5-21; and to amend said code by adding thereto a new section, designated §33-16-3v, all relating to requiring health insurance coverage for autism spectrum disorders; setting forth the types of coverage required; requiring medical services to be provided on a nondiscriminatory basis; and defining terms"; to the Committee on Banking and Insurance then Finance.
By Delegate Cowles:

H. B. 4411 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §33-42-9 and §33-42-10, all relating to the care of aborted fetuses; requiring medical facilities that provide abortions to administer anesthesia to an unborn fetus when aborted if it is older than seven weeks; requiring all available medical means to be used to preserve the life of a fetus if it is alive when aborted; and providing criminal penalties for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Iaquinta, Fragale, Perdue, Longstreth, D. Poling, Walters, Givens, Klempa, Miley and Carmichael:

H. B. 4412 - "A Bill to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as amended, relating to crimes against public justice; misdemeanor penalty for failure to meet an obligation to pay support to a minor; and reducing from six months to three months the period of delinquency for failure to meet an obligation to pay support to a minor before failure to pay is a misdemeanor penalty"; to the Committee on the Judiciary.
By Delegates Morgan, M. Poling, Perdue, Beach, Craig, Hatfield, Perry and Stephens:
H. B. 4413 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the West Virginia secondary school activities commission; and requiring the commission to propose legislative rules concerning concussions"; to the Committee on Education then the Judiciary.
By Delegates Morgan, Stephens and Craig:

H. B. 4414 - "A Bill to amend and reenact §44-3-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §44-3A-24, §44-3A-27, §44-3A-37 and §44-3A-44 of said code; and to amend and reenact §44-6-7 of said code; all relating to updating references from the commissioner of accounts to the fiduciary commissioner"; to the Committee on Government Organization then the Judiciary.
By Delegate Perdue:

H. B. 4415 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-18, relating to establishing the 'Primary Stroke Center Hospital Designation Act'; and designating hospitals as primary stroke centers"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Marshall, Iaquinta, Craig, Manchin, Evans and Anderson:

H. B. 4416 - "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state, and directing the Auditor to issue warrants for the payment thereof"; to the Committee on Finance.
By Delegate Andes:
H. B. 4417 - "A Bill to repeal §30-22-1, §30-22-2, §30-22-3, §30-22-4, §30-22-5, §30-22-5a, §30-22-6, §30-22-7, §30-22-8, §30-22-9, §30-22-10, §30-22-11, §30-22-12, §30-22-13, §30-22-14, §30-22-15, §30-22-16, §30-22-17, §30-22-18, §30-22-19, §30-22-20, §30-22-21, §30-22-22, §30-22- 23, §30-22-24, §30-22-25, §30-22-26, §30-22-27, §30-22-28 and §30-22-29 of the Code of West Virginia, 1931, as amended, relating to abolishing the West Virginia Board of Landscape Architects"; to the Committee on Government Organization then the Judiciary.
House Calendar

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:
Com. Sub. for H. B. 2773, Increasing the monetary penalties for selling tobacco products to minors,
Com. Sub. for H. B. 4128, Relating to insurance companies deemed to be in hazardous financial condition,
Com. Sub. for H. B. 4134, Removing non-utilized code sections,
Com. Sub. for H. B. 4194, Codifying the Division of Criminal Justice Services being incorporated into the Department of Military Affairs and Public Safety,
And,
H. B. 4247, Providing counties the discretion to accompany an electronic poll book with a printed poll book.
Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Hunt regarding H. B. 4410, Requiring health insurance coverage for autism spectrum disorders, be printed in the Appendix to the Journal.
At 11:44 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 10, 2010.