__________*__________
Wednesday, February 24, 2010
FORTY-THIRD 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 Tuesday, February 23, 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 Ninth Order of Business for the purpose of considering a resolution on Unfinished
Business.
Unfinished Business
H. C. R. 10, The "Sgt. Justin Alan Thompson Memorial Highway"; coming up in regular
order, as unfinished business, was read by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 16, The "Arsenio Albert Alvarez Memorial Bridge",
H. C. R. 36, "The Marion County Veterans Memorial Bridge",
H. C. R. 46, The "Staff Sergeant Robert Lee Chambers Memorial Bridge",
And,
H. C. R. 66, Commemorating the passing of CW4 Brent Cole, patriot, pilot, husband, father,
soldier, proud West Virginian and true American hero,
And reports the same back with the recommendation that they each be adopted.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4623, Adding two additional members to the Equal Pay Commission, one from the
House of Delegates and one from the Senate,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4623 - "A Bill to amend and reenact §21-5E-5 of the Code of West
Virginia, 1931, as amended, relating to the Equal Pay Commission; adding members to the
commission; and removing the termination date of the commission,"
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4523, Requiring applicants for, and holders of, licenses under the West Virginia Real
Estate License Act to successfully pass criminal history record checks,
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. 4523) was referred to
the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4475, Exempting motor vehicles used by the Department of Health and Human
Resources from the jurisdiction of the Public Service Commission,
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. 4475) was referred to
the Committee on the Judiciary.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4512, Relating to school bus operators,
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. 4512) was referred to
the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4602, Defining the responsibilities of high school athletic directors,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4602 - "A Bill to amend and reenact §18A-1-1 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§18A-2-15, all relating to defining the responsibilities of school athletic directors,"
H. B. 4652, Establishing a school calendar committee for each county,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4652 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18-5-45a, relating to establishing a school calendar
committee for each county; specifying membership and method of selecting members; minimum
meetings; proposals of school calendar options for vote of employees; requirements of proposals;
preparation and distribution of ballots and tabulation of results; process for new options if school
calendar voted by employees is rejected by county or state board; waivers and modifications,"
And,
H. B. 4436 Providing discretion to schools that make AYP to use assessments and adopting
instructional strategies and programs that promote student learning,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4436 - "A Bill to amend and reenact §18-2E-5 and §18-5A-6 of the
Code of West Virginia, 1931, as amended, relating to promoting student achievement; clarifying
optional usage of certain testing or assessment instruments; publishing and making such instruments
available to curriculum teams and teacher collaborations; making exclusions from accreditation and
evaluations for failure to use or exercise of discretion in using certain assessments, strategies and
programs; adding circumstance to definition of low performing school; providing for state system
of support for low performing schools and modifying process and time lines for improvement;
requiring schools and school systems to work collaboratively with state system of support in certain
circumstances; requiring school curriculum teams to review certain non required tests and
assessments and providing it discretion to determine usage; authorizing team to request waiver of
state and county requirements to use certain assessments, instructional strategies or programs;
updating waivers for instructional resources; providing for optional adoption by schools of process
for teacher collaboration to replace or in addition to school curriculum team; and providing for
membership, mission, structure, authority and duties,"
With the recommendation that the committee substitutes each do pass.
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. 4207, Making it unlawful to send obscene, anonymous, harassing and threatening communications by computer, mobile phone, personal digital assistant or other mobile device,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4207 - "A Bill to amend and reenact §61-3C-14a of the Code of West
Virginia, 1931; to amend said code by adding thereto a new section, designated §61-3C-14c; and to
amend and reenact §61-8-16 of said code, all relating to crimes using computers and electronic
devices; creating offenses for the unlawful transmission of obscene, anonymous, harassing and
threatening communications and data by mobile phone, personal digital assistant or other mobile
device; clarifying provisions pertaining to the unlawful obscene, anonymous, harassing and
threatening communications by traditional voice communication by telephone; creating the
misdemeanor offense of unlawful impersonation of another by computer or other electronic means;
creating a felony offense for certain repeat offenses using a computer, mobile phone or other mobile
device; and establishing penalties,"
With the recommendation that the committee substitute do pass, 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 (Com. Sub. for H. B. 4207) to the Committee
on Finance was abrogated.
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. 4368, Creating an Equal Pay Coordinator within the Governor's Office to ensure pay
equity among state employees,
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. 4368) was referred to
the Committee on Finance.
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. 4219, Reporting of certain geologic information obtained incidental to oil and gas
drilling,
And reports the same back with the recommendation that it do pass.
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. 4647, Relating to the regulation and control of elections,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4647 - "A Bill to repeal §3-9-14 of the Code of West Virginia 1931,
as amended; and to amend and reenact §3-8-1a, §3-8-2, §3-8-8 and §3-8-12 of said code, all relating
to the regulation and control of elections; amending the definition of 'express advocacy' and
'targeted to the relevant electorate'; amending reporting requirements for independent expenditures;
and repealing the ban on corporate independent expenditures,"
With the recommendation that the committee substitute do pass.
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. 4646, Relating to corporate political accountability,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4646 - "A Bill to amend and reenact §31D-1-150 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated
§31D-7-740 and §31D-7-741; to amend said code by adding thereto a new section, designated §31D-
8-834; and to amend said code by adding thereto a new section, designated §31D-16-1621; all
relating to corporate political accountability; definitions; requiring annual authorization and approval
by a majority of shareholders for corporations spending an aggregate of $10,000 or more for political
activities; providing for director liability for spending without proper authorization; and disclosure
of corporate political activities to shareholders and the public,"
With the recommendation that the committee substitute do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4161, Creating the Herbert Henderson Office of Minority Affairs,
And reports the same back with the recommendation that it do pass.
Messages from the Executive
The Speaker presented annual reports from various state agencies as required by the
provisions of law, as follows:
Administration, Department of
Purchasing Division
Commerce, Department of
Marketing and Communications
Corrections, Division of
Hospitality and Travel Association
Natural Resources, Division of
Prosecuting Attorneys Institute
Public Service Commission
Management Summary Report
Social Work Examiners, Board of
Speech-Language Pathology and Audiology, Board of Examiners
The above- referenced reports are on file in the Clerk's Office.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 4309, Authorizing the Town of Moorefield, the Hardy County Commission, and Hardy
County's largest corporate user of public wastewater facilities to construct and maintain a state of
the art regional wastewater treatment plant.
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. 10 - "A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to the transfer and credit of surplus cash balances between funds administered by
the Commissioner of Highways"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 104 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §60-3A-3a; and to amend said code by adding thereto
a new section, designated §60-7-9, all relating to requiring certain employees of licensed private
clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol
management course, the training for intervention procedures course, alcohol awareness programs
provided by the American Hotel and Lodging Association or the National Restaurant Association
or other similar alcohol awareness education courses provided or approved by the Alcohol Beverage
Control Commissioner; and providing rule-making authority"; which was referred to the Committee
on Energy, Industry and Labor, Economic Development and Small Business then 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. 122 - "A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia,
1931, as amended, all relating to increasing the age of consent that a minor may refuse mental health
treatment from twelve to eighteen; and clarifying that the state not be obligated to pay for voluntary
hospitalization"; 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, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 220 - "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"; which was referred to the
Committee on Finance.
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
Com. Sub. for S. B. 230 - "A Bill to repeal §30-8-2a, §30-8-2b, §30-8-3a, §30-8-3b and §30-
8-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-8-1, §30-8-2, §30-
8-3, §30-8-4, §30-8-5, §30-8-6, §30-8-7, §30-8-8, §30-8-9, §30-8-10 and §30-8-11 of said code; and
to amend said code by adding thereto twelve new sections, designated §30-8-12, §30-8-13, §30-8-14,
§30-8-15, §30-8-16, §30-8-17, §30-8-18, §30-8-19, §30-8-20, §30-8-21, §30-8-22 and §30-8-23, all
relating to the Board of Optometry; prohibiting the practice of optometry without a license;
providing other applicable sections; providing definitions; providing for board composition; setting
forth the powers and duties of the board; clarifying rule-making authority; clarifying the scope of
practice; establishing expanded authority for procedures and injections; continuing a special revenue
account; establishing license requirements; providing for licensure for persons licensed in another
state; establishing renewal requirements; providing permit requirements; requiring display of license;
setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions;
setting forth hearing and notice requirements; providing for civil causes of action; providing criminal
penalties; and providing that a single act is evidence of practice"; which was referred to the
Committee on Health and Human Resources.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 240 - "A Bill to amend and reenact article 2, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by
the Department of Administration; legislative mandate or authorization for the promulgation of
certain legislative rules by various executive or administrative agencies of the state; authorizing
certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in
the State Register; authorizing certain of the agencies to promulgate certain legislative rule with
various modifications presented to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate certain legislative rule with various
modifications presented to and recommended by the Legislative Rule-Making Review Committee
and as amended by the Legislature; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register and as amended by the
Legislature; authorizing the Division of Personnel to promulgate a legislative rule relating to the
administration of the division; authorizing the Department of Administration to promulgate a
legislative rule relating to state-owned vehicles; authorizing the Consolidated Public Retirement
Board to promulgate a legislative rule relating to the Teachers Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public
Employees Retirement System; authorizing the Consolidated Public Retirement Board to promulgate
a legislative rule relating to refund, reinstatement and loan interest factors; and authorizing the
Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia
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. 402 - "A Bill to amend and reenact §51-1-1 of the Code of West Virginia, 1931, as
amended, relating to the Supreme Court of Appeals; and providing for election of Supreme Court
Justices by divisions"; 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, to take effect July 1, 2010,
and requested the concurrence of the House of Delegates in the passage, of
Com . Sub. for S. B. 443 - "A Bill to amend and reenact §17C-5-2 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17C-5-
2b; to amend and reenact §17C-5A-1a, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code; and
to amend and reenact §61-11-22 and §61-11-25 of said code, all relating to procedures for
conditional probation, deferral and dismissal of criminal charges and expungement of arrest record
for certain persons charged for the first time with a non-aggravated offense of driving under the
influence of alcohol conditioned upon successful completion of the motor vehicle alcohol test and
lock program; exempting from eligibility for said conditional probation persons originally charged with any aggravated offense of driving under the influence of alcohol, any controlled substance, or
any other drug, persons holding commercial drivers' licenses or operating a commercial vehicle, and
persons who have had their drivers' licenses previously revoked for driving under the influence of
alcohol, any controlled substance or any other drug in any jurisdiction; providing procedures for
termination of conditional probation upon violation of the terms thereof; exempting records
maintained by the division of motor vehicles from expungement; preserving criminal and
administrative consequences for any subsequent charge of driving under the influence of alcohol,
and providing that any determination of indigency made by the department of health and human
resources for purposes of subsidized participation in the safety and treatment program shall apply
to subsidization of participation in the motor vehicle alcohol test and lock program"; which was
referred to the Committee on the Judiciary then Finance.
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
Com. Sub. for S. B. 465 - "A Bill to amend and reenact §8-19-12a of the Code of West
Virginia, 1931, as amended; to amend and reenact §8-20-10 of said code; to amend and reenact §16-
13-16 of said code; and to amend and reenact §16-13A-9 of said code, all relating to the
discontinuation of water and sewer utility service for a delinquent bill; and the acceptance of
payment at the customer's premises"; 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. 477 - "A Bill to amend and reenact §4-1-23 of the Code of West Virginia, 1931, as
amended, relating to reports that are supposed to be filed with the Legislature, Legislative Manager,
Legislative Auditor, the President of the Senate and the Speaker of the House of Delegates or the
Joint Committee on Government and Finance; requiring copies of the reports to be submitted to the
Legislative Librarian; requiring the copies to be submitted on electronic media or by way of the
internet; and providing that failure to comply is nonfeasance."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
bill (S. B. 477) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
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. 514 - "A Bill to amend and reenact §60A-9-4 of the Code of West Virginia, 1931, as
amended, relating to the Controlled Substances Monitoring Act; and modifying and clarifying the
controlled substances that are subject to reporting when a prescription is filled or when the controlled
substance is dispensed by a medical services provider"; which was referred to the Committee on
Health and Human Resources then the Judiciary.
Resolutions Introduced
Delegates Sobonya, Stephens and Reynolds offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 72 - "Requesting the Division of Highways name bridge number 6-60-15.00, over
the CSX Railroad at Cyrus Creek Road, located on Route 60 in Cabell County, the 'Glenn Holton Memorial Bridge'."
Whereas, Glenn Holton, of Salt Rock, West Virginia, was born March 8, 1942, the son of
William and Opal Holton; and
Whereas, Glenn Holton was a graduate of Barboursville High School where he participated
in football, baseball, track and basketball; and
Whereas, Glenn Holton attended West Virginia University where he was a college football
co-captain and leader; and
Whereas, Glenn Holton was drafted by the NFL Detroit Lions; and
Whereas, Upon his return to Barbourville, Glenn Holton was active in civic affairs and
served on the Barboursville town council; and
Whereas, Glenn Holton was active in church and community affairs, heading his church's
hunger program, working with other charity organizations and coaching little league sports; and
Whereas, Glenn Holton was a caring and devoted son, husband and father; and
Whereas, Sadly, Glenn Holton's life was cut short when he was killed in an automobile
accident at the age of 36; and
Whereas, Glenn Holton is sorely missed by his family, friends, co-workers and all those
who crossed his path in life; and
Whereas, Glenn Holton will be remembered by all who knew him as a compassionate
human being who was a humanitarian, a loving family man and a Christian gentleman; and
Whereas, It is only fitting that we acknowledge the many accomplishments of Glenn Holton
in his all-too-short life by naming this bridge in his honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 6-60-
15.00, over the CSX Railroad at Cyrus Creek Road, located on Route 60 in Cabell County, the
"Glenn Holton 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 "Glenn Holton 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 the family of Glenn Holton.
Delegate Sobonya offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 73 - "Requesting the Joint Committee on Government and Finance to study the
feasibility and potential effectiveness of a twenty-four hour period of reflection before final signature
of any agreement agreed upon in any family law mediation to allow both parties time to reflect upon
the consequences of their actions."
Whereas, Across the globe, marriages are failing at an unprecedented rate. A recent study
has indicated that no-fault divorce legislation has led to a remarkable increase in the number of
divorces; and
Whereas, Many nations have enacted mediation statutes to force parties to communicate
with each other in hopes of reconciliation. Their legislative purpose is to curtail a consistent increase
in the divorce rate in their countries; and
Whereas, The notion of reconciliation also plays a significant role in the use of mediation
and in the outcome of the case. The use of mediation to preserve the marriage and to lower the
divorce rate; and
Whereas, Divorce is about change. There is change in housing, there are economic changes,
none of which are comfortable. There is change in social status and in the way the children's lives
are managed. And for most, change is not welcome and often involves loss and an uncertain and
scary future; and
Whereas, Parties in a divorce proceeding who have chosen to mediate a resolution have
demonstrated their willingness to cooperate instead of becoming confrontational; and
Whereas, In the spirit of cooperation and understanding it would seem not to be
unreasonable, nor an undue burden, for the divorcing couple to have a final twenty-four hour period
of reflection before final signature of any agreement agreed upon in any family law mediation to
allow both parties time to reflect upon the consequences of their actions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
feasibility and potential effectiveness of a twenty-four hour period of reflection before final signature
of any agreement agreed upon in any family law mediation to allow both parties time to reflect upon
the consequences of their actions; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2011, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Motions
The Clerk read a written motion, heretofore filed with him by Delegate Louisos, as follows:
Delegate Louisos, in accordance with the provisions of House Rule 82, moves that the
Committee on Constitutional Revision be discharged from further consideration of House Joint
Resolution 10, clarifying that nothing in the Constitution secures or protects a right to abortion or
requires the funding of an abortion; and, that the Resolution be taken up for immediate consideration."
Delegate Boggs asked unanimous consent that the foregoing written motion lie over, which
consent was not given, objections being heard.
Delegate Boggs then so moved, and on this motion, the yeas and nays were demanded, which
demand was sustained.
On this motion, the yeas and nays were demanded the yeas and nays, which demand was
sustained.
The yeas and nays having been ordered, they were taken (Roll No. 66), and there were--yeas
64, nays 34, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael,
Cowles, Duke, Ellem, Evans, Hamilton, Hunt, Ireland, Lane, McGeehan, C. Miller, J. Miller, Moye,
Overington, Porter, Ross, Rowan, Schadler, Schoen, Shott, Sobonya, Spencer, Sumner, Susman, D.
Walker and Walters.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the motion
that the written motion lie over prevailed.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were each
reported by the Clerk and adopted:
H. C. R. 57, Requesting a study on improving the efficiency, focus and fairness of the system
for holding school systems accountable for preparing students for the 21st Century economy,
H. C. R. 58, Designating the annual observance of the week following Labor Day as Labor
History Week,
H. C. R. 64, The "Delmar L. Parrish Bridge",
And,
H. C. R. 65, The "Sloan Brother's Highway".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Andes requested that the Journal record him as voting "Nay" on H. C. R. 58.
Special Calendar
Third Reading
H. B. 3110, Renaming conservation officers to be natural resources police officers; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 67),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3110) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4035, Relating to electronic filing of tax returns and electronic funds
transfers in payment of taxes; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 68),
and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Blair, Border, Cowles, Duke, Ellem, Louisos, C. Miller, Porter, Schoen, Sobonya,
Sumner and Walters.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4035) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4036, Establishing the Judicial Vacancy Advisory Commission; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 69),
and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Lane, Louisos, C. Miller, J. Miller, Porter, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4036) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4037, Relating generally to federal subsidy bonds and bond financing; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 70),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Cowles.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4037) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
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 and use credit
payments with respect to federal subsidy bonds; and exempting the bonds from taxation."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 71), and there were--yeas 97, nays
1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cowles.
Absent And Not Voting: Argento and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4037) 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.
Com. Sub. for H. B. 4108, Authorizing miscellaneous agencies and boards to promulgate
legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 72),
and there were--yeas 78, nays 20, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Blair, Border, Duke, Ellem, Hamilton, Ireland,
Lane, McGeehan, C. Miller, J. Miller, Overington, Romine, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4108) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 73), and there were--yeas 82, nays
16, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Blair, Border, Cowles, Duke, Hamilton, Ireland, Lane, McGeehan, C. Miller,
J. Miller, Romine, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento and Craig.
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. 4108) 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.
Com. Sub. for H. B. 4110, Authorizing the Department of Commerce to promulgate
legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 74),
and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Blair, Border, Ireland, Lane, McGeehan, J. Miller,
Porter, Schoen and Walters.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4110) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 75), and there were--yeas 89, nays
9, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Cowles, Ireland, Lane, McGeehan, J. Miller, Porter, Schoen and Walters.
Absent And Not Voting: Argento and Craig.
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. 4110) 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.
Com. Sub. for H. B. 4172, Authorizing the Division of Motor Vehicles to issue special
license plates for members of certain organizations upon approval of the commissioner; on third
reading, coming up in regular order, with the right to amend, was, on motion of Delegate Boggs, laid
over one day.
Com. Sub. for H. B. 4188, Anti-Criminal Street Gang Act; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 76),
and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Butcher, McGeehan and Poore.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4188) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4292, Relating to requirements to serve as a magistrate; on third
reading, coming up in regular order, with the right to amend, was reported by the Clerk.
On motion of Delegates Miley and Boggs, the bill was amended on page two, section four,
line one, by striking subsection (a) in its entirety and inserting in lieu there of the following:
"(a) Each Effective January 1, 2014, a person is qualified to serve as a magistrate shall be
if he or she:
(1) is at least twenty-one years of age;
(2) has at least a bachelor degree from an accredited college, or has at a minimum two years
of experience as a magistrate, Provided, That those persons holding the office of magistrate on
January 1, 2014, shall have at least a high school education or its equivalent;
(3) shall has not have been convicted of any a felony, or any misdemeanor involving moral
turpitude; and
(4) reside resides in the county of his or her election."
Having been engrossed, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 77),
and there were--yeas 61, nays 37, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Armstead, Azinger, Blair, Border, Butcher, Cann, Canterbury, Carmichael, Cowles,
Crosier, Eldridge, Ennis, Evans, Givens, Hall, Hamilton, Hartman, Hutchins, Iaquinta, Ireland,
Louisos, Mahan, McGeehan, J. Miller, Moye, Porter, Rodighiero, Romine, Ross, Rowan, Schadler,
Shaver, Smith, Stowers, Walker, D, Walters and Williams.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4292) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4312, Relating to the Tax Procedure and Administration Act; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 78), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Louisos and D. Walker.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4312) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4312 - "A Bill to amend and reenact §11-10-18 of the Code of West Virginia, 1931,
as amended, specifying the required addition to tax to be paid if the failure to timely file the required
return of a tax administered by the West Virginia Tax Commissioner is for not more than one month
from the date the return is due."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4327, Relating to the practice of beauty care; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 79),
and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Ashley, Barker, Blair, Ireland, Lane, Porter and Romine.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4327) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 80), and there were--yeas 95, nays
3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Barker and Porter.
Absent And Not Voting: Argento and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4327) 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.
Com. Sub. for H. B. 4335, Relating to the business registration tax; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 81),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4335) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4352, Authorizing the West Virginia Supreme Court of Appeals to
create a Business Court Division within certain circuit court districts; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 82),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4352) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4457, Relating to the access to and protection of cemeteries; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 83),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4457) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4593, Relating to high school graduation improvement; on third reading, coming up
in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 84), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Cowles, McGeehan, J. Miller and Porter.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4593) passed.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken (Roll No. 85), and there were--yeas 96, nays
2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: McGeehan and Porter.
Absent And Not Voting: Argento and Craig.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4593) takes effect July 1, 2010.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
S. B. 611, Removing location requirement for certain higher education offices; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page nine, section four, beginning on line one hundred fifty-nine, by
striking out the words "(16) Provide suitable offices in Charleston for the chancellor, vice
chancellors and other staff: Provided, That the offices may be located outside of Charleston at a technology and research center", and inserting in lieu thereof the words, "(16) Provide suitable
offices in Charleston Kanawha County for the chancellor, vice chancellors and other staff".
On page thirty-three, section six, beginning on line one hundred eighty-eight, by striking out
the words "(17) Provide suitable offices in Charleston for the chancellor and other staff: Provided,
That the offices may be located outside of Charleston at a technology and research center", and
inserting in lieu thereof the words, "(17) Provide suitable offices in Charleston Kanawha County for
the chancellor and other staff".
On page thirty-six, section six, line two hundred fifty-seven, following the word "goals", by
inserting a comma.
And,
On page fifty-three, section one, beginning on line forty, by striking out the words "(d)
Suitable offices for the vice chancellor of administration and other staff shall be provided in
Charleston:Provided, That the offices may be located outside of Charleston at a technology and
research center", and inserting in lieu thereof the words "(d) Suitable offices for the vice chancellor
of administration and other staff shall be provided in Charleston Kanawha County".
On motion of Delegates Beach, Fleischauer, Marshall, Shook, Manypenny and Pethtel the
bill was amended on page thirty-three, section six, line one hundred ninety-one, by changing the
semi-colon to a colon and inserting the following provisio: "Provided, however, That the location
of WVNET shall not be moved without legislative approval."
There being no further amendments, the bill was ordered to third reading.
H. B. 4524, Revising the definition of "all-terrain vehicle" and including a definition for
utility terrain vehicle; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Roads and Transportation , was reported
by the Clerk and adopted, amending the bill page twenty-four, section 9, after subsection (b) by
adding a new subsection to read as follows:
"(c) As used in this article, all-terrain vehicles shall mean all-terrain vehicles and utility-
terrain vehicles."
The bill was then ordered to engrossment and third reading.
Miscellaneous Business
Delegate Butcher asked and obtained unanimous consent that the remarks of Delegates Ross
and Walker regarding Com. Sub. for H. B. 4292, Relating to requirements to serve as a magistrate
be printed in the Appendix to the Journal.
Delegate Morgan asked and obtained unanimous consent that the remarks of Delegate Miley
on closing of debate on Com. Sub. for H. B. 4292 also be printed in the Appendix to the Journal.
Delegate Doyle asked and obtained unanimous consent that the remarks of Delegate
Lawrence regarding Com. Sub. for H. B. 4188, Anti-Criminal Street Gang Act be printed in the
Appendix to the Journal.
At 12:46 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:30 p.m.,
and reconvened at that time.
* * * * * * * *
Evening Session
* * * * * * * *
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
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. 4663, Extending the time for certain members to purchase additional service credit for
service in the Teachers Defined Contribution Retirement System,
And reports the same back with the recommendation that it do pass 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. 4663) to the Committee on Finance
was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance 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 back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4164 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §49-7-35, relating to the creation of a pilot program for
the placement of children four to ten years of age in foster care,"
H. B. 4211, Providing supplemental funding for providing alternative programs for limited
English proficient students,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4211 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18-9A-22, relating to providing supplemental funding
for providing alternative programs for limited English proficient students; and granting the State
Board of Education rule-making authority,"
And,
H. B. 4223, Increasing the safety of school children that use school buses,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4223 - "A Bill to amend and reenact §17C-12-7 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §60A-4-406 of said code, all relating to
increasing the safety of school children that use school buses; increasing the criminal penalties for
failure to stop a vehicle before reaching a school bus with flashing warning signal lights; and
providing additional circumstances which increase the periods of ineligibility for parole upon
sentences for certain felony convictions for the distribution of controlled substances in the proximity
of students awaiting, boarding or exiting a school bus,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2542, "Jason Flatt Act of 2010 ",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2542- "A Bill to amend and reenact §18A-3A-2 of the Code of West
Virginia, 1931, as amended, relating to creating the 'Jason Flatt Act of 2010'; providing routine education of all professional educators and those school service personnel having direct contact with
students on suicide prevention by center for professional development; providing for state board
guidelines; and providing for delivery options,"
H. B. 4306, Relating to public school support computation of local share,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4306 - "A Bill to repeal §11-1C-5b of the Code of West Virginia, 1931,
as amended; to repeal §18-9A-2a of said code; and to amend and reenact §18-9A-2 and §18-9A-11
of said code, all relating to public school support computation of local share; removing provisions
for using assumed assessed values for the purpose of computation; removing provisions for
increasing counties' local share responsibility for funding basic foundation education formula when
property assessments are not at least fifty-four percent of market value as indicated by assessment
ratio study; revising definitions; and making legislative findings with respect to the effect of under
assessed property values on school funding and the obligations of assessors and tax commissioner,"
And,
H. B. 4324, Extending the expiration date of employment of retired teachers beyond the
post-retirement employment limit,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4324 - "A Bill to amend and reenact §18A-2-3 of the Code of West
Virginia, 1931, as amended, relating to extending the expiration date of employment of retired
teachers as substitute teachers in areas of critical need and shortage without loss of monthly
retirement benefits; and requiring additional information to be reported to Consolidated Public
Retirement Board, the State Board of Education and the Joint Committee on Government and Finance,"
With the recommendation that the committee substitutes each do pass.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report,
which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 4536, Allowing, under limited circumstances, a child under the age of fifteen years to
hunt or take antlerless deer without first obtaining a certificate of training,
And,
H. B. 4634, Defining "spelunking" as a recreational purpose and activity for which a
landowner's liability for injury is limited,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4536 and H. B. 4634)
were each referred to the Committee on the Judiciary.
Vice Chairman Butcher, from the Committee on Agriculture, submitted the following report,
which was received:
Your Committee on Agriculture has had under consideration:
H. B. 4511, Relating to the consumers sales and service tax exemption for sales of livestock,
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. 4511) was referred to
the Committee on Finance.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report,
which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 2517, Relating to immunity from civil liability for operators of parks and recreation
districts,
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. 2517) was referred to
the Committee on the Judiciary.
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. 4214, Requiring review and approval of final settlements of Workers' Compensation
awards,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4214 - "A Bill to amend and reenact §23-5-7 of the Code of West
Virginia, 1931, as amended, relating to review and approval of final settlements of Workers'
Compensation awards; providing review of all old fund settlements by the insurance commissioner;
providing review and approval of settlements of pro se claimants by current workers compensation
system claims by the administrative law judge upon recommendation of the compromise settlement
division within the offices of the insurance commission; creating compromise settlement division;
providing criteria and process for settlement reviews; directing the insurance commissioner to promulgate forms; providing that forms submitted on all workers compensation settlements;
establishing a process for administering claim reviews; insurance commissioner to promulgate
legislative rules; and providing internal effective date,"
With the recommendation that the committee substitute do pass, 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. 4214) to the Committee on Finance
was abrogated.
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. 4630, Relating to refunding of appraisal fees,
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. 4630) was referred to
the Committee on the Judiciary.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 4665, Relating to special rates for energy intensive industrial consumers of electric
power,
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. 4665) was referred to
the Committee on Finance.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 4403, Stopping accelerated rate recovery because of adverse effects of constructing
transmission facilities and revising the definition of need,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4403) was referred to
the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
Com. Sub. for S. B. 354, Updating terms and reporting procedures for traffic crashes,
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 (Com. Sub. for S. B. 354) was
referred to the Committee on the Judiciary.
Chairman Perry, 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. 4615, Authorizing political subdivisions to establish risk pools to insure their workers'
compensation risks,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4615 - "A Bill to amend and reenact §29-12A-16 of the Code of West
Virginia, 1931, as amended, relating to authorizing political subdivisions to establish risk pools to
insure their workers' compensation risks; providing that political subdivisions may not make
application to the Insurance Commissioner to operate a risk pool until rules promulgated to regulate
such programs have been made effective; and authorizing the Insurance Commissioner to promulgate
emergency rules,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4615) to the Committee
on the Judiciary was abrogated.
On motion for leave, a bill was introduced (Originating in the Committee on Roads and
Transportation and reported with the recommendation that it do pass), which was read by its title,
as, follows:
By Delegate Martin:
H. B 4667 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17-2A-8d, relating to requiring the Commissioner of Highways to maintain school bus turnarounds in the state."
In the absence of objection, the bill (H. B. 4667) was referred to the Committee on Finance.
Vice Chairman Butcher, from the Committee on Agriculture, submitted the following report,
which was received:
Your Committee on Agiculture has had under consideration:
Com. Sub. for S. B. 236, Creating Aquaculture Development Act,
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 (S. B. 236) was referred to
the Committee on the Judiciary.
On motion for leave, a resolution was introduced (Originating in the Committee on Senior
Citizen Issues and reported with the recommendation that it be adopted), which was read by its title,
as follows:
By Delegates Williams, Ennis, Butcher, Hatfield, Longstreth, Manchin, Manypenny,
Marshall, Moore, Moye, Perdue, Pethtel, D. Poling, Ross, Spencer, Stephens, Susman,
Rowan, Evans, Duke, Hamilton and Shott:
H. C. R. 74 - "Requesting that the Joint Committee on Government and Finance authorize
the study of the use of independent third party peer review in the informal dispute resolution process
for nursing homes."
Whereas, The incorporation of an informal dispute resolution process is directed to the state
and provided for by the Centers for Medicare and Medicaid Services; and
Whereas, The Centers for Medicare and Medicaid Services allows the state to develop and implement the informal dispute resolution process protocol, including the use of independent third
party peer review; and
Whereas, The current process of informal dispute resolution should be reviewed to consider
any appropriate and necessary revisions to the process to ensure prompt, fair and impartial
arbitration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the use of independent third party peer review in the informal dispute resolution process for
nursing homes; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare
a report and to draft necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
The Speaker referred the resolution (H. C. R. 74) to the Committee on Rules.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4583, Permitting municipalities and counties to use proceeds from the hotel occupancy
tax to fund public libraries,
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. 4583) was referred to
the Committee on Finance.
Chairman Williams, from the Committee on Senior Citizen Issues, submitted the following
report, which was received:
Your Committee on Senior Citizen Issues has had under consideration:
H. B. 4544, Community-Based Services Act,
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. 4544) 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 and has had under consideration:
H. B. 4658, Capping the Medical Services Trust Fund and redirecting excess funding,
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. 4658) was referred to
the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Health and
Human Resources and reported with the recommendation that it do pass but that it first be referred
to the Committee on Finance), which was read by its title, as follows:
By Delegates Perdue, Hatfield, Border, Moore, Lawrence, Marshall, Manypenny,
Phillips, Eldridge, Lane and C. Miller:
H. B. 4666 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-43-1, §16-43-2, and §16-43-3, all relating to establishing a
grant program for substance abuse prevention, intervention, treatment and recovery through the
Department of Health and Human Resources and creating a funding mechanism; creating a special
revenue account and creating an Alcohol and Drug Disbursement Board under the Department of
Health and Human Resources."
In the absence of objection, the bill (H. B. 4666) was referred to the Committee on Finance.
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. 2967, Encouraging teachers who have achieved a National Board for
Professional Teaching Standards certificate to renew their certifications when they expire after ten
years, and continuing the salary bonus for renewed certificates,
Com. Sub. for H. B. 3301, Amending the Division of Labor rule verifying employees legal
employment status,
Com. Sub. for H. B. 4031, Providing flexibility in the West Virginia public school support
plan for funding regional education service agencies,
Com. Sub. for H. B. 4038, Imposing a statutory lien on fire insurance proceeds in the event
of a total loss to real property,
Com. Sub. for H. B. 4081, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,
Com. Sub. for H. B. 4137, Using voter registration figures to determine the placement of
political parties on the general election ballot,
H. B. 4162, Providing a tax credit for obtaining certain certifications by the United States
Green Building Council Leadership,
Com. Sub. for H. B. 4168, Relating to the Emergency Medical Services Retirement System,
Com. Sub. for H. B. 4182, Relating to the emergency medical services retirement system
act,
Com. Sub. for H. B. 4185, Relating to mandatory retirement age of deputy sheriffs,
Com. Sub. for H. B. 4186, Relating to the practice of nursing home administration,
Com. Sub. for H. B. 4314, Establishing the valuation of motor vehicles and motorcycles for
property tax assessment purposes based on "clean load" and "clean trade-in" values,
And,
Com. Sub. for H. B. 4328, Establishing centralized filing system for reports required to be
filed with the Legislature.
At the request of Delegate Boggs, and by unanimous consent, House Rule 69, relating to bills
on the Local Calendar, was suspended as to H. B. 4447, S. B. 548 and Com. Sub. for 4455, so as to
place them on the Calendar.
The bills were then each read a second time and ordered to second reading, as follows:
H. B. 4447, Extending the time for the Board of Education of Boone County to meet as a
levying body to present to the voters of Boone County the question of renewing an excess levy for
schools,
S. B. 548, Extending time Boone County Board of Education can meet as levying body,
And,
Com. Sub. for H. B. 4455, Changing the Martinsburg public library to the
Martinsburg-Berkeley County Public Library.
The remaining bills on the first reading calendar, coming up in regular order, were each read
a first time and ordered to second reading:
H. B. 4484, Relating to reinstating former chiefs of police to previously held positions within
the paid police department,
H. B. 4521, Creating a sales tax holiday for purchases of guns and ammunition,
Com. Sub. for H. B. 4534, Increasing the criminal penalty for failing to stop and render aid
after a motor vehicle accident; Erin's Law,
H. B. 4535, Repealing outdated and obsolete sections of the tax code,
Com. Sub. for H. B. 4557, Reviewing all of the Department of Health and Human Resources
requests for proposals or change orders valued at over $500,000 prior to their release,
H. B. 4559, Relating to the requirements to be certified as a registered forester,
Com. Sub. for H. B. 4577, Relating to elevator inspections and classifications of licensure,
And,
H. B. 4582, Creating reciprocity for West Virginia small, women and minority-owned
businesses who receive such preferences in other states.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento and Craig.
At 5:54 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 25,
2010.