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Thursday, January 13, 2011

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 12, 2011, 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 Introduced

Delegate Guthrie 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 on Brounland Road, crossing Brier Creek in Kanawha County, bridge number 20-15-2.64, as the 'James Paul Harrison WWII Memorial Bridge'."
Whereas, James Paul Harrison was born on October 22, 1922, in Olcott, Kanawha County, West Virginia, died on October 26, 2007, was a life long resident of Kanawha County and, following in his father's footsteps, a member of the United Mineworkers of America; and
Whereas, James Paul Harrison was married to Arlene Williams, a life long resident of Kanawha County, with whom he had ten children; and
Whereas, James Paul Harrison was a private in the United States Army, serving with Company A, 237th Engineer Combat Battalion and performing many heroic feats including, in June, 1944, landing on Normandy Beach, carrying 20 pounds of explosives strapped to his body, pressing towards a huge wall the Germans had erected to block the Allied tanks, flattening the dynamite against the wall, lighting the fuse and exploding the walls so the Allied tanks could get through; and
Whereas, James Paul Harrison continued with relentless bravery during the Normandy invasion, assisting his Company all the way to Berlin, blowing up three bridges along the way; and
Whereas, James Paul Harrison was awarded the Purple Heart Medal, the Good Conduct Medal, the Distinguished Unit Badge, the American Theater Service Ribbon, the European African Middle Eastern Service Ribbon, the Bronze Arrowhead, the World War II Victory Ribbon and the Label Button, all earned for his brave service in Normandy, Northern France, the Ardennes, Rhineland and Central Europe, Belgium and Holland; and
Whereas, It is fitting to honor James Paul Harrison for his courageous and selfless service to our nation and the world; and
Whereas, The naming of a bridge in honor of James Paul Harrison's bravery and exemplary service is but a small gesture of gratitude and appreciation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 20-15- 2.64 on Brounland Road, crossing Brier Creek, in Kanawha County, as the "James Paul Harrison WWII 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 "James Paul Harrison WWII 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; to Mr. Harrison's surviving children, Pete Harrison, Richard Harrison, Brent Harrison, Mona Taylor, Arletta Anderson, Delora McCormick, Dewana Flowers and Geneva DeBord; and to next of kin of Mr. Harrison's deceased children, Cameron and Teresa Harrison, if next of kin are not already identified as surviving children.
Delegate Poore offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 3 - "Requesting that the Joint Committee on Government and Finance authorize a study of the potential of state tax incentives to benefit employers who hire persons with criminal records."
Whereas, Persons with criminal records who have "served their time" and "paid their debt to society" have almost no chance at employment, because of their criminal record, following their release from incarceration, parole or probation. Many of these ex-offenders deserve a second chance and an employment opportunity in order to become productive citizens; and
Whereas, The United States Government offers a federal tax credit of up to $2,400 for employers who hire ex-offenders, including those with felony records. States can offer an additional tax break to businesses who hire persons with criminal records as one way to support the reentry of those who are legitimately trying to return to the job market in order to support their families and rejoin their communities; 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 law governing state tax incentives to benefit employers who hire people with criminal records; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2012, 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.
On motions for leave, Joint Resolutions were introduced, read by their titles and severally referred as follows:
By Delegate Kump:
H. J. R. 15 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof, relating to imposing term limits for senators and delegates; 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 Delegates Doyle, Perdue, White and Michael:
H. J. R. 16 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section fifty-one, article VI thereof, relating to the Governor and the Legislature jointly submitting a budget for the next ensuing fiscal year; 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.
By Delegates Rodighiero and Reynolds:
H. J. R. 17 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; 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.
And,
By Delegates Michael, Moye, Boggs, Overington, Armstead, Sumner and Williams:
H. J. R. 18 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty-three, relating to the marriage protection amendment; prohibiting the state from recognizing same sex marriages; prohibiting the state from recognizing a legal status for relationships that is similar to marriage; 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.
Delegates Evans, Rowan and Howell offered the following resolution, which was read by the Clerk:
H. R. 6 - "Designating January 13, 2011, as 'Mineral County Day at the Legislature'."
Whereas, Mineral County was created in 1865, and was so named for the mineral resources found within its borders; and
Whereas, Mineral County is an important contributor to the state in the industries of coal and lumber, as well as several chief agricultural products; and
Whereas, Mineral County is the birthplace of Nancy Hanks, the mother of Abraham Lincoln; and
Whereas, Mineral County is the birthplace of Donald Matthew Redman, an innovative American jazz musician, arranger and composer, whose arrangements were the foundation of the big band era; and
Whereas, Donald Matthew Redman, considered by many to be the first jazz composer/arranger, was posthumously inducted into the West Virginia Music Hall of Fame in 2009; and
Whereas, Mineral County is home to Fort Ashby, built in 1755, the only Indian fort in West Virginia and one of the few east of the Mississippi River left standing; and
Whereas, The citizens of Mineral County travel to the state capitol on an annual basis during the legislative session to participate in the democratic process, in which they share their accomplishments, aspirations and concerns with lawmakers; and
Whereas, It is fitting, to recognize Mineral County for its history, culture, economy and future development in the state of West Virginia; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 13, 2011, as "Mineral County Day at the Legislature"; and, be it
Further Resolved, That the House of Delegates acknowledges the many important contributions the citizens of Mineral County make in the state of West Virginia and encourages those citizens to continue to participate in the democratic process; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to the representatives from Mineral County.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 6) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Caputo, Manchin, Longstreth, Poore, Manypenny, L. Phillips and D. Poling:

H. B. 2437 - "A Bill to amend and reenact §22A-2-43 of the Code of West Virginia, 1931, as amended, relating to requiring that cutter heads, long wall shears and other mining machines automatically shut-off when the methane level reaches one percent"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Miley, Hunt, Brown, Frazier, Barker, Moore, Hamilton and Ellem:

H. B. 2438 - "A Bill to amend and reenact §3-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4-18 and §3-4-19 of said code; and to amend and reenact §3-4A- 9 and §3-4A-20 of said code, all relating to elections; general provisions and definitions; bringing older contradicting language still remaining in said code into conformity with current code sections; and to reestablish a definition for 'independent voter' as the presently cited definition is no longer in said code"; to the Committee on the Judiciary.
By Delegates Fleischauer, Perdue, Hunt, Brown, Caputo, T. Campbell, Guthrie and Marshall:

H. B. 2439 - "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 §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to insurance coverage; and requiring coverage of spouses and dependents for pregnancy and contraceptive services"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Skaff, Hall, Ferro, Hunt, Michael, Stowers and Hamilton:

H. B. 2440 - "A Bill to amend and reenact §5B-2F-2 of the Code of West Virginia, 1931, as amended, relating to permitting the Division of Energy to develop an energy related public relations campaign focused on educating Washington, D.C. about West Virginia coal and its positive impact on the eastern seaboard"; to the Committee on Government Organization then the Judiciary.
By Delegates Miley, Hunt, Ellem and Longstreth:

H. B. 2441 - "A Bill to amend and reenact §3-1-31, §3-1-34 and §3-1-50 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-5-14 of said code, all relating to elections; hours of municipal elections and notice of changes; voting procedures; and administrative complaint procedures"; to the Committee on the Judiciary.
By Delegates Miley, Fleischauer, Hatfield, Mahan, Manchin, Moore, Morgan and Cann:

H. B. 2442 - "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 Delegates Overington, Wells, Hunt, Longstreth, Brown, Michael and Ferro:

H. B. 2443 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-19c, relating to prohibiting wagering at animal fighting ventures and providing a felony criminal penalty"; to the Committee on the Judiciary then Finance.
By Delegates Wells, Caputo, Hunt, Morgan, Marshall, Martin, Hatfield and Fragale:

H. B. 2444 - "A Bill to amend and reenact §3-6-2 of the Code of West Virginia, 1931, as amended, relating to using voter registration figures to determine the placement of political parties on the general election ballot"; to the Committee on the Judiciary.
By Delegates Sobonya, C. Miller, Azinger, Sumner, Rowan and Barker:

H. B. 2445 - "A Bill to amend and reenact §5-16-4 and §5-16-5 of the Code of West Virginia, 1931, as amended, all relating to requiring the Legislature to approve changes in costs imposed by the Public Employees Insurance Agency Finance Board instead of being approved by promulgation of new rules proposed by the board's director"; to the Committee on the Judiciary then Finance.
By Delegates Varner, Ferro, Kominar and Iaquinta:

H. B. 2446 - "A Bill to amend and reenact §61-2-15a of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for assaults and batteries against athletic officials"; to the Committee on the Judiciary.
By Delegates Ferro, Varner and Kominar:

H. B. 2447 - "A Bill to amend and reenact §55-7B-2 of the Code of West Virginia, 1931, as amended, relating to adding pharmacist and pharmacy to the definition of 'health care provider' as used in the Medical Professional Liability Act"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Kominar, Varner and Ferro:

H. B. 2448 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, §5B-2H-6, §5B-2H-7, §5B-2H-8, §5B-2H-9, §5B-2H-10, §5B-2H-11 and §5B-2H-12, all relating to the Creative Communities Development Pilot Program; providing legislative findings and intent; creating the Creative Communities Development Fund; establishing the Creative Communities Development Board; providing requirements for applications for the use of matching funds from the Creative Communities Development Fund; providing for review of applications by the West Virginia Development Office; establishing that the Creative Communities Development Board shall have the authority to approve matching grants from Creative Communities Development Fund; establishing matching requirements from applicants; establishing eligible expenditures; defining parameters of agreement between West Virginia Development Office and a community for use of grant funds; providing for a review and audit of expenditures by West Virginia Development Office; and providing for review of Creative Communities Development Pilot Program"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates D. Poling, Hamilton and Butcher:

H. B. 2449 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1C-5c, relating to fair and equitable property valuation; and providing that antique motor vehicles be valued at their salvage value for personal property tax purposes"; to the Committee on Roads and Transportation then Finance.
By Delegate Smith:

H. B. 2450 - "A Bill to amend and reenact §19-20-14 and §19-20-16 of the Code of West Virginia, 1931, as amended, all relating to the protection of cats from injury by dogs through imposing liability on the dog owner and permitting a person to kill a dog under certain circumstances"; to the Committee on Agriculture then the Judiciary.
By Delegate Smith:

H. B. 2451 - "A Bill to amend and reenact §61-11A-2 of the Code of West Virginia, 1931, as amended, relating to victim impact statements by members of a deceased victim's immediate family in matters involving misdemeanors when death results during the commission of a crime"; to the Committee on the Judiciary.
By Delegate T. Campbell:

H. B. 2452 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6M-101, §46A-6M-102, §46A-6M-103, §46A-6M-104, §46A-6M-105, §46A-6M-106, §46A-6M-107, §46A-6M-108, §46A-6M-109, §46A-6M-110, §46A-6M-111, §46A-6M-112, §46A-6M-113, §46A-6M-114, §46A-6M-115, §46A-6M-116, §46A-6M- 117, §46A-6M-118, §46A-6M-119, §46A-6M-120, §46A-6M-121 and §46A-6M-122, all relating to prohibiting the use of prerecorded or synthesized voice messages; regulating automatic dialing and announcing devices; establishing a do-not-call list; providing for private enforcement; regulation by the Attorney General; providing civil penalties; allowing prevailing party to receive costs, fees and attorney fees; and providing for the disposition of fees, penalties and recoveries"; to the Committee on the Judiciary.
By Delegate Caputo:

H. B. 2453 - "A Bill to amend and reenact §20-5-18 of the Code of West Virginia, 1931, as amended, relating to making the fifty percent discount on campground rental fees at state parks for West Virginia citizens sixty-two years of age or older available year-round"; to the Committee on Senior Citizen Issues then Finance.
By Delegate Ellem:

H. B. 2454 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3- 12-8, §3-12-9, §3-12-10 and §3-12-11, all relating to recall elections of elected or appointed federal officers that do not hold a life term; grounds for recall election; rules for applying for and the validity of a petition; and successors"; to the Committee on the Judiciary then Finance.
By Delegates Rodighiero and Martin:

H. B. 2455 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22k; and to amend said code by adding thereto a new section, designated §18-7A-26v, all relating to providing one-time supplements to all annuitants when they reach the age of seventy"; to the Committee on Pensions and Retirement then Finance.
By Delegate Howell:

H. B. 2456 - "A Bill to amend and reenact §17C-15-34 of the Code of West Virginia, 1931, as amended, relating to motor vehicle equipment; prohibiting the modification of mufflers resulting in excessive noise levels; and providing defense to alleged violations"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Howell:

H. B. 2457 - "A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting those individuals who have been issued concealed weapons permits to keep loaded firearms in their motor vehicles on the State Capitol Complex grounds if the vehicles are locked and the weapons are out of normal view"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Howell:

H. B. 2458 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15-12b, relating to the West Virginia Economic Development Authority; the Central West Virginia Regional Airport Authority; and creation of a West Virginia Aviation Hall of Fame at Yeager Airport in Kanawha County"; to the Committee on Government Organization.
By Delegate Howell:

H. B. 2459 - "A Bill to amend and reenact §17C-7-9 of the Code of West Virginia, 1931, as amended, relating to prohibiting the stopping of certain vehicles in roadways for the discharging of passengers; and providing a penalty"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Frazier:

H. B. 2460 - "A Bill to amend and reenact §62-12-5 and §62-12-26 of the Code of West Virginia, 1931, as amended, all relating to probation and parole; probation officers and assistants; and providing that probation officers are authorized to supervise sex offenders until a multijudicial officer is available in the probation officer's area"; to the Committee on the Judiciary.
By Delegate Frazier:

H. B. 2461 - "A Bill to amend and reenact §49-5-2 of the Code of West Virginia, 1931, as amended, relating to the appointment of hearing officers for juvenile drug courts"; to the Committee on the Judiciary.
By Delegate Howell:

H. B. 2462 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration generally; providing for the issuance of a special license plate for residents of the fifty-five counties; and assessing a special initial application fee and a special annual fee"; to the Committee on Roads and Transportation then Finance.
By Delegate Howell:

H. B. 2463 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8A-2-4a, relating to requiring an equal number of members from each magisterial district on county planning commissions"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Miley, Boggs, Fragale, M. Poling, Morgan, Hunt, Fleischauer, Moore, Ellem, Hamilton and Lane:

H. B. 2464 - "A Bill to amend and reenact §6B-2-6 and §6B-2-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §6B-3-2 of said code, all relating to the Ethics Act; requiring public servants to disclose additional information on financial disclosure statements; defining a new term; directing the Ethics Commission to publish and make available to the public notice of delinquent filing of statements and to publish certain financial disclosure statements; requiring financial disclosure statements to include a spouse's identity and additional information; requiring financial disclosure statements to also include the identity and addresses of dependents over eighteen years of age; clarifying existing requirements; and prohibiting certain public employees and servants from becoming lobbyists during and for one year after leaving state government employment"; to the Committee on the Judiciary.
By Delegates Rodighiero and Reynolds:

H. B. 2465 - "A Bill to amend and reenact §50-1-8 of the Code of West Virginia, 1931, as amended, relating to requiring magistrate courts to maintain records relating to successful collection rates and making reports available to claimants and general public"; to the Committee on the Judiciary.
By Delegate Craig:

H. B. 2466 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-1-1a, relating to permitting the temporary detention of criminal suspects by law-enforcement officers in order to determine the identity of the suspect and other matters involving the commission of a crime where probable cause appears to exist"; to the Committee on the Judiciary.
By Delegates Rodighiero, Fleischauer, Longstreth, Boggs and Martin:

H. B. 2467 - "A Bill to amend and reenact §33-6B-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-20-3 and §33-20-5 of said code, all relating to prohibiting the number of inquiries reflected in a credit report, credit score report or CLUE report from adversely affecting an application for insurance; to limiting the use of a credit score to banking institution credit scoring for casualty insurance rate filings; and prohibiting reliance on information which is false or potentially false; limiting the use of a credit score in casualty insurance rate filings"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Rodighiero and Reynolds:

H. B. 2468 - "A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6-10 of said code, all relating to providing benefits for those who have served in the military service; providing service credits for purposes of public employment retirement for service in any branch of the military including the West Virginia National Guard and Reserve; and awarding additional testing credit points in civil service examinations for members of the National Guard and Reserve who are applying for state employment"; to the Committee on Veterans' Affairs and Homeland Security then Pensions and Retirement then Finance.
By Delegates Rodighiero and Reynolds:

H. B. 2469 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-16B-6e, relating to qualifying children of state employees, receiving income of $25,000 per year or less, for the West Virginia Children's Health Insurance Program"; to the Committee on Health and Human Resources then Finance.
By Delegate Rodighiero:

H. B. 2470 - "A Bill to amend and reenact §20-2-2 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for the illegal killing, taking, or possessing of certain wild life"; to the Committee on Natural Resources then the Judiciary.
By Delegates Sobonya, Sumner, Longstreth, Reynolds, Moore, C. Miller, Morgan and Rowan:

H. B. 2471 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle administration; registration plates generally; and exempting certain recipients of military medals of valor from special registration fees"; to the Committee on Roads and Transportation then Finance.
By Delegates Caputo, Duke, Martin and Swartzmiller:

H. B. 2472 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-50, relating to the establishment of a West Virginia State Trooper's Association leave donation program"; to the Committee on Government Organization then the Judiciary.


Miscellaneous Business

Delegate Ferro noted to the Clerk that he was absent on yesterday when the votes were taken on Roll Nos. 2 through 4, and that had he been present, he would have voted "Yea" thereon.
At 11:22 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 14, 2010.