hdj2009-03-26-44
__________*__________
Thursday, March 26, 2009
FORTY-FOURTH 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, March 25, 2009, 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.
Delegates Guthrie, Anderson, Armstead, Barker, Beach, Brown, Butcher, Canterbury, Craig,
Doyle, Eldridge, Ellem, Fleischauer, Frazier, Guthrie, Hamilton, Hartman, Hatfield, Hunt, Iaquinta,
Ireland, Kominar, Lane, Longstreth, Louisos, Manchin, Marshall, Martin, Miley, Moore, Morgan,
Moye, Perdue, Perry, D. Poling, M. Poling, Reynolds, Rodighiero, Ross, Shook, Skaff, Sobonya, Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Tabb, Talbott, Webster, Wells, White,
Williams and Wooton offered the following resolution, which was read by the Clerk as follows:
H. R. 43 - "Memorializing the life of Glenn Thomas 'Tom' Searls, reporter extraordinaire,
friend, Marshall University alum, and loyal West Virginian."
Whereas, Glenn Thomas "Tom" Searls was born in 1954 in Kanawha County, the son of
Glenn Cheetwood Searls and the late Carol Canterbury Searls; and
Whereas, Glenn Thomas "Tom" Searls was raised in Marmet, West Virginia. As a
youngster, he sold the
WV Hillbilly and
The Grit door to door and delivered
The Charleston Gazette.
Whereas, Tom was a 1972 graduate of East Bank High School and editor of the school
newspaper,
The Pioneer Post. He then went on to attend Marshall University, where he was student
body president for two terms; and
Whereas, Tom was a very proud native of Marmet and often referred to himself as a
"Marmetian"; and
Whereas, A man with strong political beliefs, Tom often pointed out that he was the product
of a mixed marriage - his father was a Republican and his mother was a Democrat; and
Whereas, Tom was a news hound who particularly like crime stories and in 2000 he won
the Al Nakkula Award for Police Reporting, and in 2005 he was named Journalist of the Year by the
West Virginia Association for Justice; and
Whereas, Tom never let his personal beliefs get in the way of being a fair reporter; and
Whereas, He loved history and politics and was an expert in West Virginia State and small-
town politics. He was highly respected by his peers. Upon his death, he was called a "reporter's
reporter" by Senator Robert C. Byrd. His reputation was of one who was tough, opinionated and passionate but always honest and fair; and
Whereas, A Red Carpet regular, Tom had a strong taste for alcohol and tobacco. On the
exterior, he was a gruff curmudgeon but on the inside he was a very caring person who was always
there for his family and friends; and
Whereas, Sadly, Glenn Thomas "Tom" Searls passed away on August 14, 2008; therefore,
be it
Resolved by the House of Delegates:
That House of Delegates hereby memorializes the life of Glenn Thomas "Tom" Searls,
reporter, friend, Marshall alum, and loyal West Virginian; and, be it
Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the
passing of Glenn Thomas "Tom" Searls; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the family of Glenn Thomas "Tom" Searls.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 43) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded,
which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 108), and there were--yeas
94, nays 0, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Andes, Butcher, Hutchins, Marshall, Stephens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 43) adopted.
Delegates Moore, Boggs, Ashley, Azinger, Frazier, Hutchins, Iaquinta, Longstreth, Marshall,
Morgan, Moye, Porter and Swartzmiller offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. R. 42 - "Recognizing and honoring David L. Lemmon, Sr. for his many years of service
and dedication to the West Virginia State Police and the citizens of the State of West Virginia."
Whereas, David Lemmon is a West Virginia native, born in Morgantown, and graduated
from Morgantown High School. After high school he went on to join the Navy and served with
distinction for four years in the Pacific; and
Whereas, After returning from his tour of duty, he entered the State Police Academy and
officially joined the department in 1955. Over his more than 30 years with the West Virginia State
Police, David Lemmon served as a detachment commander, a sergeant and lieutenant for South
Charleston and a major in internal affairs; and
Whereas, David Lemmon was promoted to Deputy Superintendent and served in that
position until his retirement in 1987; and
Whereas, During his retirement David Lemmon remained an active participant within law
enforcement, serving on numerous committees, the most notable of which worked to establish a
program for eradicating methamphetamine labs within West Virginia; and
Whereas, In 2005, Governor Manchin appointed David Lemmon as superintendent of the
West Virginia State Police. Under his command, the state police focused more on drug diversion
tactics with pharmaceutical crimes, created an insurance commission to deter fraud and started a sex
offender registry as well as a Child Protective Unit which launched in 2006; and
Whereas, At the time of his retirement the Child Protective Unit has interviewed 464 victims
of child abuse and had made 1,071 felony arrests involving crimes against children. Also during his
tenure as superintendent, felony arrests were up by 7,000 since he took office four years prior;
therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes and honors David L. Lemmon, Sr. for his
many years of service and dedication to the West Virginia State Police and the citizens of the State
of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to David L. Lemmon, Sr. and the Superintendent of the West Virginia State Police.
Committee Reports
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 3268, Long Term Care Redistribution 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. 3268) was referred to
the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 3336, Continuing early intervention services to families with developmentally delayed
infants and toddlers but eliminating the cost-free provision,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3336 - "A Bill to amend and reenact §16-5K-2 and §16-5K-6, of the
Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Public Health to
continue providing early intervention services to families with developmentally delayed infants and
toddlers but eliminates the cost-free provision; authorizes the ability to charge fees on a sliding scale
and to bill third party payers; and establishes that any fees or payments by third party payers will go
into the Birth to Three Fund,"
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 S. B. 3336) to the Committee
on Finance was abrogated.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2133, Increasing the penalties for discarding trash on land and in streams,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2133 - "A Bill to amend and reenact §22-15A-4 of the Code of West
Virginia, 1931, as amended, relating to increasing the penalties for unlawful disposal of litter;
increasing and requiring jail time; increasing fines; and increasing and mandating community
service,"
H. B. 2415, Identifying salvia divinorum as a hallucinogen and adding it to the list of
controlled substances,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2415 - "A Bill to amend the code of West Virginia,1931, as amended,
by adding thereto a new section, designated §60A-4-412, relating to establishing that possession of
a mixture or preparation intended for human consumption containing salvia divinorum is unlawful;
and creating criminal penalties,"
H. B. 2626, Requiring licensure of pharmacy benefit managers,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2626 - "A Bill to amend and reenact §33-46-2 of the Code of West
Virginia, 1931, as amended, relating to the licensing and regulation of pharmacy benefit managers;
clarifying the definition of third part administrator to specifically include pharmacy benefit manager;
and definitions,"
H. B. 3063, Relating to hunting, tagging and reporting bear,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3063 - "A Bill to amend and reenact §20-2-22a of the Code of West
Virginia, 1931, as amended, relating to hunting, tagging and reporting bear; changing and clarifying
lawful weight limits; clarifying that it is unlawful to shoot at or kill any bear while it is accompanied
by a cub; making it unlawful to shoot at or kill a cub regardless of its weight, if it is accompanied by
another bear; and penalties,"
And,
H. B. 3132, Relating to pedestrians' right-of-way in crosswalks,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3132 - "A Bill to amend and reenact §17C-10-2 of the Code of West
Virginia, 1931, as amended, relating to pedestrians' right-of-way in crosswalks,"
With the recommendation that the committee substitutes each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical
precursors of methamphetamine,
H. B. 2536, Adding language that includes railcars and locomotives in the category of railroad
property that is illegal to interfere or tamper with,
And,
H. B. 2561, Providing that an applicant for a farm use exemption certificate may not be
required to appear before any assessor for renewal,
And reports the same back with the recommendation that they each do pass.
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. 384, Authorizing Department of Transportation take control of certain
highway emergencies,
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 Government Organization.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 384) was
referred to the Committee on Government Organization.
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:
S. B. 12, Allowing 2-year motorcycle registration period,
And reports the same back with the recommendation that it do pass, but that it first be referred
to the Committee on Finance.
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. 3278, Relating to the life and health insurance guaranty association,
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. 3278) 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. 3288, Relating to mental health parity,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3288 - "A Bill to amend and reenact §33-16-3a of the Code of West Virginia, 1931, as amended, relating to group accident and sickness insurance requirements to cover
treatment of mental illness; providing that actual increases in costs for certain coverage determine
whether cost containment measures may be applied by the insurer of certain groups; and removing
certain provisions regarding small groups,"
With the recommendation that the committee substitute do pass, and with the recommendation
that second reference of the bill to the Committee on Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 3288) to the Committee
on the Judiciary was abrogated.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill
of the House of Delegates as follows:
H. B. 3083, Permitting blood donations by persons age sixteen with parental consent.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate title amendment was reported by the Clerk:
On page one, by amending the title to read as follows:
"A Bill to amend and reenact §16-21-1 of the Code of West Virginia, 1931, as amended,
relating to donating blood by persons sixteen years of age with parental consent."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate title
amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 109), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Andes, Blair, Cowles, Hutchins, Marshall and Stephens.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3083) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
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. 57 - "A Bill to amend and reenact §18-7a-38 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §18A-3-1 and §18A-3-2a of said code, all
relating to education generally; excluding certain coaching employment from the calculation on the
limit on the number of days a Teachers Retirement System retiree may be employed; eliminating
United States citizenship as a condition of certification; certificates and permits to coach in public
schools; removing certain limitation on such service under certain conditions; making technical
corrections; and deleting obsolete language";
which was referred to the Committee on
Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and
requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 249 - "A Bill to amend and reenact §18-5-45 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §18-5A-5 of said code, all relating to the
annual school calendar; eliminating instructional support and enhancement days; replacing the earliest starting date and the latest ending date for the instructional term with the requirement that the
instructional term begin so that students receive two full weeks of instruction prior to Labor Day;
encouraging the first half of the instructional term to end on or before December 23; requiring at least
three of certain noninstructional days be scheduled prior to the beginning of the instructional term;
requiring all six out-of-school environment days be scheduled after February 1; changing the earliest
dates a county can use noninstructional days and accrued instructional time to make up canceled
instructional days; requiring uniform method of cancellation notification; providing that certain
cancelled instructional days be considered out-of-calendar days and requiring those days to be
rescheduled; applying the 43-week limit on the beginning and ending dates of the minimum two
hundred-day employment term to professional personnel and service personnel; and providing for
faculty senate meetings during specified months
"; which was referred to the Committee on Education
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. 293 - "A Bill to amend and reenact §30-3-13 of the Code of West
Virginia, 1931, as amended, relating to unauthorized practice of medicine and surgery or podiatry or
as a physician assistant; criminal penalties; reducing the amount of fine for a person practicing on an
expired, lapsed or terminated license for less than ninety days; specifying as a felony the unauthorized
practice of medicine and surgery or podiatry or as a physician assistant in all other instances; and
providing for enhanced criminal penalties where serious bodily injury results from such unauthorized
practice"; 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
Com. Sub. for S. B. 328 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4,
§31-15D-5, §31-15D-6, §31-15D-7, §31-15D-8, §31-15D-9 and §31-15D-10, all relating to
establishment of the West Virginia Transportation Finance Commission; definitions; creating a
governing board of the commission; appointment, terms, qualifications, compensation and expenses
of board members; powers and duties of the commission; creating the West Virginia Transportation
Finance Commission Fund; deposits and capitalization; disbursements; subaccounts; requirements
for loans and other financial assistance from the commission; requirements for applications for loans
and other financial assistance and for approval of qualified projects; finance agreements; payments
and repayments of loans; withholding of defaulted payments from funds allotted or payable to a
defaulting government unit; annual reports to Governor and Legislature; annual audits of the
commission; and assistance of the Department of Transportation to the board"; which was referred
to the Committee on Government Organization 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. 379 - "A Bill to amend and reenact §55-7B-2 of the Code of West
Virginia, 1931, as amended, relating to including licensed pharmacists and pharmacies as health care
providers under the provisions of the Medical Professional Liability Act; and clarifying effective date of amendments"; which was referred to the Committee on Health and Human Resources 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
Com. Sub. for S. B. 382 - "A Bill to amend and reenact §29-18-6 of the Code of West
Virginia, 1931, as amended, relating to the amount of expenditure for rolling stock"; 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, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 404 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6 and
§4-13-7, all relating to establishing the West Virginia Sesquicentennial Commission and a fund for
commission expenses; membership; meetings; reimbursement of expenses; powers and duties of the
commission; and termination of the commission
"; 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. 453 - "A Bill to amend and reenact §24-1-9 of the Code of West
Virginia, 1931, as amended, relating to the Public Service Commission; recommended decisions by
hearing commissioner, examiner or panel; service of decisions on parties, including by electronic transmission; and removing antiquated language"; 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. 493 - "A Bill to amend and reenact §18-10A-15 of the Code of West Virginia, 1931, as
amended, relating to changing control of the central registry for severe head injuries from the Division
of Vocational Rehabilitation to the Center for Excellence in Disabilities"; which was referred to the
Committee on Health and Human Resources then Government Organization.
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. 535 - "A Bill to amend and reenact §60-7-12 of the Code of West
Virginia, 1931, as amended, relating to regulating time to sell alcohol in private clubs; exempting race
tracks from the private club requirements; and authorizing certain counties and municipalities to
designate an earlier time by ordinance"; which was referred to the Committee on Political
Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 17 - "Requesting the Division of Highways name bridge number 23-119-15.31 (2647) in Logan County the 'Marine Private Robert Clayton Stephenson Memorial Bridge'."
Whereas, Robert Clayton Stephenson grew up in Chapmanville, Logan County; and
Whereas, Robert Clayton Stephenson was an honor student at Chapmanville High School,
where he was noted for his student leadership, community service and participation in numerous
school groups and activities; and
Whereas, Robert Clayton Stephenson left his studies at West Virginia University to enlist in
the United States Marine Corps; and
Whereas, Robert Clayton Stephenson made the ultimate sacrifice for his country on April 23,
1967, when he was killed in action in Quang Nam, South Vietnam; and
Whereas, It is fitting to honor Robert Clayton Stephenson for his service to his country by
naming bridge number 23-119-15.31 (2647) in Logan County the "Marine Private Robert Clayton
Stephenson Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 23-119-
15.31 (2647) in Logan County the "Marine Private Robert Clayton Stephenson 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 "Marine Private Robert Clayton Stephenson Memorial
Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to the family of Robert Clayton
Stephenson.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 29 - "Requesting the Governor's assistance in securing the future use of the MARC
commuter train service in Jefferson and Berkeley counties."
Whereas, The MARC commuter train service to Washington, D. C. from Jefferson and
Berkeley counties provides convenient and affordable transportation to some 550 West Virginia
citizens each weekday; and
Whereas, Those West Virginia citizens employed in the Washington, D. C. area pay West
Virginia payroll withholding taxes; and
Whereas, Those West Virginia citizens contribute approximately $40 million directly into
the economy of Jefferson and Berkeley counties as well as the state as a whole; and
Whereas, The MARC commuter train service to Jefferson and Berkeley counties has been
a valuable asset for economic health and development for those counties for the last two decades; and
Whereas, The MARC commuter train service to West Virginia has been subsidized by the
Maryland taxpayers by the Maryland Road Fund; and
Whereas, The state of Maryland is experiencing significant budget problems and has
required the Maryland Transit Administration to review its future subsidy for the MARC commuter
train service into West Virginia; and
Whereas, The Maryland Transit Administration in February, 2009, added an extra fee to the
West Virginia citizens boarding the MARC train in West Virginia, amounting to $2 per trip, $20 per week and $80 per month; and
Whereas, After the imposition of the additional West Virginia ticket fees, a significant
number of West Virginia citizens have stopped boarding the train in West Virginia and the total
expected revenue from the ticket increase will not meet revenue expectations for the Maryland Transit
Administration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor's assistance in securing the future use of
the MARC commuter train service in Jefferson and Berkeley counties; and, be it
Further Resolved, That the West Virginia Division of Highways is to have the MARC
commuter train service to Jefferson and Berkeley counties be made part of the statewide Intermodal
Transportation Plan for West Virginia; and, be it
Further Resolved, That the West Virginia Department of Transportation is to seek all available
state and federal funds for the preservation and continuation of the MARC commuter train service;
and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Governor and the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 32 - "Requesting the Division of Highways name bridge number 03-119-16.72 on
U. S. Route 119 in Boone County the 'Brian Scott "Scotty" Ulbrich Memorial Bridge'."
Whereas, Brian Scott "Scotty" Ulbrich was born in West Virginia and attended Lory Julian
Elementary School at Julian, West Virginia, where he completed elementary education with an "A"
average; and
Whereas, Brian Scott "Scotty" Ulbrich also became a cub scout earning many medals, the
most prestigious of these was his God and Me and God and Country award, and further became a boy
scout; and
Whereas, Brian Scott "Scotty" Ulbrich then entered Madison Middle School where he
maintained an "A/B" grade point average; and
Whereas, During this time, Brian Scott "Scotty" Ulbrich also became interested in rock
climbing and took lessons here in West Virginia as well as in California and became a very
accomplished climber; and
Whereas, Brian Scott "Scotty" Ulbrich attended Scott High School where he played tennis
and football, ran track, became a member of the National Honor Society and won many first place
medals in the science and social studies fairs; and
Whereas, Brian Scott "Scotty" Ulbrich was an avid cyclist and started riding dirt bikes at age
six and was in many hill climbs. He went on to race and eventually started riding street bikes; and
Whereas, Brian Scott "Scotty" Ulbrich was a first-degree black belt in tae kwon do karate
and was a certified karate instructor, a member of the West Virginia karate team, a local, state and
national champion and also held the rank in judo, aikido and iaido; and
Whereas, Brian Scott "Scotty" Ulbrich then attended Marshall University, majoring in
criminal justice. He became a member of the cheering squad his freshman year known as the
"Marshall Maniacs" and would participate in various pregame and halftime shows that involved dressing up as the opposing team's mascot to get wiped out by another who was dressed in the
Marshall green and white; and
Whereas, Brian Scott "Scotty" Ulbrich felt he needed to defend our great state and nation
and, therefore, enlisted in the United States Army in 2004, when he was only one semester shy of
earning his undergraduate degree at Marshall University (his B. A. degree was granted posthumously
on Veteran's Day, 2005); and
Whereas, Brian Scott "Scotty" Ulbrich became a cavalry scout after completing basic
training at Fort Knox, Kentucky; and
Whereas, Brian Scott "Scotty" Ulbrich was stationed at Fort Carson, Colorado, as a member
of the first platoon of Lightning Troop, Third Squadron, Third Armored Cavalry Regiment and also
decorated as an expert in marksmanship, bayonette and grenades; and
Whereas, Brian Scott "Scotty" Ulbrich's unit was shipped off to Iraq in March, 2005; and
Whereas, Brian Scott "Scotty" Ulbrich performed many acts of heroism and bravery under
fire to save his fellow men and women in uniform in Iraq, which included embarking on many
missions that were of a covert nature; and
Whereas, Brian Scott "Scotty" Ulbrich was the recipient of the Bronze Star, the Purple Heart,
the Good Conduct Medal and the Army Commendation Medal; and
Whereas, United States Army Brigadier General P. K. Keen asserted Brian Scott "Scotty"
Ulbrich's attention to detail and desire to excel were known throughout the Third Armored Cavalry
Regiment and Scotty's unwavering dedication, selfless service, professionalism and outstanding
performance of duty left an indelible impression on his fellow soldiers and reflected a great credit
upon him, the Third Armored Cavalry Regiment and the United States Army; and
Whereas, While faithfully executing his duties to his community, state and nation, Specialist
Brian Scott "Scotty" Ulbrich was killed in action on June 5, 2005, in the farmlands south of Baghdad
by four improvised explosive devices while he was out of his vehicle securing a portion of a roadway
so other United States troops could make it through safely; and
Whereas, Having honorably served in the United States Army and given the ultimate
sacrifice for his country, his state and fellow man, we are compelled to ensure that future generations
are aware of Specialist Brian Scott "Scotty" Ulbrich's commitment to the cause of freedom; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 03-119-16.72 on
U. S. Route 119 in Boone County the "Brian Scott 'Scotty' Ulbrich Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Brian Scott 'Scotty' Ulbrich Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the family of Brian Scott "Scotty" Ulbrich and the Secretary of the Department of
Transportation.
Special Calendar
Unfinished Business
S. C. R. 8, Requesting Division of Highways name bridge in Mullens "Charles V. Stewart
Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk
An amendment, recommended by the Committee on Rules, was reported by the Clerk and
adopted, amending the resolution on page one, line four, after the word "number", by striking out "55-16/30-0.73 (4983)" and inserting in lieu thereof "55-16/39-0.73 (4983)".
The resolution (S. C. R. 8) was then adopted, as amended.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 15, Requesting that the West Virginia State Veterans Cemetery be named "The
Donel Kinnard Veterans Cemetery"
;
coming up in regular order, as unfinished business, was reported
by the Clerk.
An amendment, recommended by the Committee on Rules, was reported by the Clerk and
adopted, amending the resolution on page one, line ten, by striking out the resolution in its entirety
and inserting in lieu thereof the following:
"H. C. R. 15 - 'Requesting the Division of Veterans Affairs to name the new West Virginia
State Veterans Cemetery to be constructed near the West Virginia State Police Academy near
Institute, in Kanawha County, "THE DONEL KINNARD VETERANS CEMETERY".'
Whereas, Donel Kinnard was born on April 5, 1936, in Logan, the son of Clifford Kinnard
and Emmalene Kinnard; and
Whereas, Donel Kinnard was a resident of Putnam County and was married to Rebecca
McCann Kinnard; and
Whereas, Upon graduation from Milton High School, Don entered the United States Marine
Corps on July 28, 1954; and
Whereas, After twenty-two years of military service, Don retired from military service on
July 27, 1974, having first served in the United States Marine Corps and then serving in the United States Navy, where he served with the UDT and the SEALS team; and
Whereas, Donel Kinnard was the most highly decorated Veteran in Putnam County, having
served 7 tours of duty in Vietnam and was a recipient of the Navy Cross, the Navy's highest medal,
along with seven Purple Hearts, the Bronze Star and many other medals, commendations and
citations; and
Whereas, After retirement from the military, Don continued his outstanding service to his
country and fellow citizens and veterans; he was the past state commander of the Veterans of Foreign
Wars, past district commander of the VFW, past post commander of the VFW and past president of
the Hurricane Lions Club; and
Whereas, Donel Kinnard was a member of the Legion of Valor, Military Order of the Purple
Heart, Veterans of Foreign Wars, American Legion, Disabled American Veterans, UDT-SEAL
Association, Fleet Reserve Association, Marine Corps League, Vietnam Veterans of America and the
Military Order of the Cooties; and
Whereas, Donel Kinnard played an instrumental role in the establishment of a $32 million,
one hundred twenty bed nursing facility for veterans in Clarksburg; and
Whereas, Donel Kinnard was serving as Chairman of the West Virginia Veterans Council,
Chairman of the West Virginia Veterans Nursing Home Committee and Chairman of the West
Virginia Veterans Cemetery Committee; and
Whereas, Donel Kinnard died on February 14, 2009, and before his death on February 14,
2009, Don asked that his final resting place be at the new West Virginia State Veterans Cemetery near
Institute; and
Whereas, It is fitting that the new West Virginia State Veterans Cemetery be named for Donel, in recognition of his uncommon valor and exemplary service to his country, to his fellow
veterans, his community and his native state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Veterans Affairs to name the new West
Virginia State Veterans Cemetery to be constructed near the West Virginia State Police Academy near
Institute, in Kanawha County, 'THE DONEL KINNARD VETERANS CEMETERY'; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to Donel's wife, Rebecca McCann Kinnard and other family members; Keith Gwinn,
Director of the Division of Veterans Affairs and James Spears, Secretary of Military Affairs and
Public Safety.
"
The resolution (H. C. R. 15) was then adopted, as amended.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 30, The "Marine Pvt. Robert Clayton Stephenson Memorial Bridge"
;
coming up in
regular order, as unfinished business, was reported 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.
H. C. R. 31, The "Airman First Class Christopher Burns Lester Memorial Bridge";
coming
up in regular order, as unfinished business, was reported 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.
H. C. R. 38, The "Bob W. Bellomy Memorial Bridge";
coming up in regular order, as unfinished business, was reported 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.
H. C. R. 39, The "Clair Bee: Basketball Coach and Author Memorial Bridge";
coming up in
regular order, as unfinished business, was reported 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.
H. R. 32, Recognizing and honoring Mose A. Napier for his service and dedication as Mayor
for the City of Ceredo for the last forty years; coming up in regular order, as unfinished business, was
reported by the Clerk and adopted.
Third Reading
Com. Sub. for H. B. 2091, Requiring public notice of state plan amendments prior to
submission and increasing the membership of the Medicaid Advisory Board; 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. 110),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as
follows:
Absent And Not Voting: Andes, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2091) 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. 2470, Exempting all schools which include grades kindergarten through
twelve from paying consumer sales tax on items the school sells; 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. 111),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as
follows:
Absent And Not Voting: Andes, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2470) 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. 2530, Relating to further defining professional student support
personnel; on third reading, coming up in regular order, was read a third time.
Delegate Phillips requested to be excused from voting on the passage of Com. Sub. for H. B.
2530 under the provisions of House Rule 49 stating she was a school counselor.
The Speaker refused to excuse the Lady from voting, stating that she was a member of a class
of persons possibly to be affected by the passage of the bill and that she demonstrated no direct
personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 112),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as
follows:
Absent And Not Voting: Andes, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2530) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken
(Roll No. 113), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Andes, Hutchins, Marshall and Stephens.
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. 2530) takes effect July 1, 2009.
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. 2535, Creating a tax credit for certain solar energy systems; on third
reading, coming up in regular order, was read a third time.
Delegate Blair requested to be excused from voting on the passage of Com. Sub. for H. B.
2535 under the provisions of House Rule 49 stating his business would profit.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 114),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as
follows:
Absent And Not Voting: Andes, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2535) 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. 2567, Relating to filing agency rules with the Secretary of State under
the Administrative Procedures 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. 115),
and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Ellem, Sobonya and Walters.
Absent And Not Voting: Andes, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2567) 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. 2702, Relating to the Deputy Sheriff Retirement System Act; on third
reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H.
B. 2702 under the provisions of House Rule 49 stating that his nephew was a deputy.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of
a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct
personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 116),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as
follows:
Absent And Not Voting: Andes, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2702) 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. 2703, Relating to the State Teachers Retirement System; 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. 117),
and there were--yeas 96, nays 0, absent and not voting 4, with the absent and not voting being as
follows:
Absent and Not Voting: Andes, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2703) 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. 2722, Providing a one hundred dollar tax credit to certain businesses that are required
to reprogram its cash registers because of a change in the food 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. 118), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Ireland.
Absent and Not Voting: Andes, Fleischauer, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2722) 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. 2734, Relating to minimum guarantees provided to members who elected to transfer
from the Teachers' Defined Contribution System to the Teachers' Retirement System; 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. 119),
and there were--yeas 96, nays 0, absent and not voting 4, with the absent and not voting being as
follows:
Absent and Not Voting: Andes, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2734) 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. 2770, Relating to the Emergency Medical Services Retirement System
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. 120), and there were--yeas 96, nays 0, absent and not voting 4, with the absent and not voting being as
follows:
Absent and Not Voting: Andes, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2770) 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. 2999, Relating to the Streamlined Sales and Use Tax Agreement and
the West Virginia consumers sales and service tax and use 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. 121),
and there were--yeas 87, nays 9, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Armstead, Border, Eldridge, Lane, Miller, J, Overington, Porter, Sobonya and Walters.
Absent and Not Voting: Andes, Hutchins, Marshall and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. For H. B. 2999) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 122), and there were--yeas 94, nays
2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Porter and Sobonya.
Absent And Not Voting: Andes, Hutchins, Marshall and Stephens.
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. 2999) 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.
Second Reading
Com. Sub. for H. B. 2072, Relating to variable premium adjustable life insurance policies;
on second reading, coming up in regular order, was read a second time and ordered to engrossment
and third reading.
Com. Sub. for H. B. 2218, Authorizing the Department of Transportation to promulgate
legislative rules; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
Com. Sub. for H. B. 2222, Authorizing the Department of Military Affairs and Public Safety
to promulgate legislative rules; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for H. B. 2241, Relating to credit card solicitation on college campuses; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
Com. Sub. for H. B. 2407, Relating to trustee accounts and funds, earnings and personal
property of inmates; on second reading, coming up in regular order, was read a second time and
ordered to engrossment and third reading.
Com. Sub. for H. B. 2464, Authorizing county commissions to designate locations for early
voting other than the county courthouse or annex; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2569, Creating the Juvenile Services Reimbursement Offender Fund;
on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B.
2569) was advanced to third reading with an amendment pending.
Com. Sub. for H. B. 2621, Prohibiting the use of cell phone and text-messaging devices while
operating a motor vehicle except when using a hands-free device or in the case of an emergency; on
second reading, coming up in regular order, was read a second time.
On motion of Delegate Spencer, the bill was amended on page five line fifty-seven, after the
word "responders" and the comma, by inserting the words "Amateur Radio Operators (HAM)
licensed by the Federal Communications Commission" followed by a comma.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2660, Expanding the definition of limited health care service; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
Com. Sub. for H. B. 2885, Establishing a uniform credentialing form and creating a single
credentialing verification organization; on second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2926, Establishing a procedure for challenging a candidate's
qualifications for elected office; on second reading, coming up in regular order, was read a second
time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3082, Relating to the gathering and reporting of foreclosure data and statistics; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
Com. Sub. for H. B. 3105, Establishing drug free zones at regularly designated school bus
stops; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B.
3105) was advanced to third reading with amendments pending.
H. B. 3189, Adding members to the Capitol Building Commission; on second reading, coming
up in regular order, was read a second time.
On motion of Delegate Morgan, the bill was amended on page one, by striking out everything
after the enacting section and inserting in lieu thereof the following:
"ARTICLE 8. CAPITOL BUILDING COMMISSION.
§4-8-1. Creation; composition; qualifications.
(a) There is a The Capitol Building Commission
hereinafter referred to as the commission,
which is continued, and is composed of
five nine members
, five of which are appointed by the
Governor, with the advice and consent of the Senate.
(b) One member is appointed by the President of the Senate, one member is appointed by the
Speaker of the House of Delegates, one member is appointed by the Supreme Court of Appeals, plus
the Secretary of the Department of Administration, who
shall be a are all nonvoting
member
members.
_____(c) Of the members appointed by the Governor, no more than three members may be of the
same political party. One member shall be an architect selected from three persons recommended by
the Board of Architects, one member shall be a registered professional engineer selected from three persons recommended by the Board of Engineers, one member
shall be is the Commissioner of the
Division of Culture and History, who is
chairman the chairperson of the commission.
and Two
members shall be selected from the public at large."
The bill was then ordered to engrossment and third reading.
H. B. 3192, Requiring reports to the Governor from state agencies to be made available
electronically via the internet; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for H. B. 3196, Declaring certain claims against the state and its agencies to be
moral obligations of the state; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for H. B. 3208, Including the hours of training county board members have
acquired; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
H. B. 3340, Relating to entry into a data state compact among the Higher Education Policy
Commission, Council for Community and Technical College Education and State Board of
Education; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
First Reading
Com. Sub. for H. B. 2687, Relating to infrastructure projects funded by the West Virginia
Infrastructure Fund; on first reading, coming up in regular order, was read a first time and ordered to
second reading.
Com. Sub. for H. B. 2737, Authorizing the Administrative Director of the Supreme Court of Appeals to hire regional or specialized probation officers; on first reading, coming up in regular
order, was read a first time and ordered to second reading.
Com. Sub. for H. B. 2747, Creating a temporary reinvestment fee for health insurers, third
party administrators and others; on first reading, coming up in regular order, was read a first time and
ordered to second reading.
Com. Sub. for H. B. 2753, Relating to the continuation of the Design-Build Program; on first
reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for H. B. 2767, Changing the membership of the PEIA Financial Board,
Com. Sub. for H. B. 2916, Relating to the Emergency Medical Services Act; on first reading,
coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for H. B. 2957, Requiring the county extension service to collect applicable data
regarding the locations of all cemeteries within West Virginia; on first reading, coming up in regular
order, was read a first time and ordered to second reading.
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; on first reading, coming up in regular order, was
read a first time and ordered to second reading.
Com. Sub. for H. B. 3038, Relating to the enforcement powers of the Ethics Commission;
on first reading, coming up in regular order, was read a first time and then, on motion of Delegate
Boggs, recommitted to the Committee on the Judiciary.
Com. Sub. for H. B. 3076, Relating to the regulation and operation of cranes; on first reading, coming up in regular order, was read a first time and ordered to second reading.
At 12:10 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 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 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. 2863, Relating to construction of state utility projects,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2863 - "A Bill to amend and reenact §5G-1-3 of the Code of West
Virginia, 1931, as amended; to amend and reenact §22C-1-5 of said code; to amend and reenact
§24-2-11 of said code; to amend and reenact §31-15A-3 and §31-15A-6 of said code, all relating to
construction of state utility projects; putting limitations on engineering design and construction
inspection fees for state and state subdivision sponsored utility construction; requiring all Water
Development Authority sponsored utility projects to get authorization prior to removal of proposed
customers of a project; requiring the governmental agency administering the utility project to perform
an annual maintenance audit of the utility; altering the number of customers or proposed customers protesting requiring a formal hearing; reducing time periods for the Public Service Commission to
review and approve certain applications by public utilities for certificate of public convenience and
necessity; providing for additional members of the West Virginia Infrastructure and Jobs
Development Council; and requiring a study of engineering costs by the West Virginia Infrastructure
and Jobs Development Council,"
And,
H. B. 2807, West Virginia Geographical Information System,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2807 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5A-6B-1, §5A-6B-2, §5A-6B-3, §5A-6B-4 and §5A-6B-
5, all relating to the West Virginia Geographical Information System,"
With the recommendation that the committee substitutes each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3197, Authorizing municipalities to permit nonpolice officers to issue citations for
littering,
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. 3197) 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. 3295, Relating to the West Virginia State Treasurer's Office,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3224, Relating to compensation for condemnation commissioners,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3224 - "A Bill to amend and reenact §54-2-19 of the Code of West
Virginia, 1931, as amended, relating to compensation for condemnation commissioners,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2964, Relating to issuance of renewal license certificate to motor vehicle dealers,
H. B. 3155, Relating to the renewal of the West Virginia Small Business Linked Deposit
Program,
H. B. 3169, Providing a detailed standard of review that the county commission may apply
in reviewing the findings of a fiduciary supervisor on probate matters,
And,
H. B. 3170, Clarifying the filing and review of the periodic accountings of conservators of incapacitated protected persons,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3270, High Technology Business Property Valuation Act,
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. 3270) was referred to
the Committee on Finance.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3194, Making it a misdemeanor to knowingly file false information with the Secretary
of State,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3194 - "A Billo amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §31B-1-114, relating to the creation of a criminal penalty
for knowingly filing materially false information regarding a limited liability company with the
Secretary of State,"
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. 2538 Relating to supplemental funding for the provision of alternative programs for
limited English proficient students,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2538 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18-9A-22, relating to supplemental funding for
programs for students with limited English proficiency and learning English as a second language;
providing framework for the distribution of appropriations of funds for the programs; requiring
application by county boards to receive funding; and requiring state board rule to implement
provisions,"
H. B. 2870, Extending the deadline of the buyback provision provided under the Teachers'
Defined Contribution Retirement System to the State Teachers Retirement System,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2870 - "A Bill to amend and reenact §18-7D-5 and §18-7D-6 of the
Code of West Virginia, 1931, as amended, relating to extending the deadline of the buyback provision
provided under the Teachers' Defined Contribution Retirement System to the State Teachers
Retirement System; and similarly extending the time for loans for such buyback",
H. B. 2976, Requiring the State Fire Commission to promulgate rules pertaining to the State
Building Code,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2976 - "A Bill to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to the State Building Code; and requiring the State Fire
Commission to promulgate rules pertaining to the State Building Code that are in accordance with
certain national and international building codes and standards,"
And,
H. B. 3043, Clarifying that dependents must live with the employee and by prohibiting public
employees hired on or after July 1, 2009, from applying credit for years of teaching service toward
premiums of the Public Employees Insurance Agency,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3043 - "A Bill to amend and reenact §5-16-13 of the Code of West
Virginia, 1931, as amended, relating to the prohibition of extended coverage upon retirement based
upon years of service for new higher education employees beginning July 1, 2009,"
With the recommendation that the committee substitutes each do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 3146, Relating to seniority rights for school service personnel,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3146 - "A Bill to amend and reenact §18A-4-8b of the Code of West
Virginia, 1931, as amended, relating to seniority rights for school service personnel; revising criteria
for consideration of applicants; and providing for assignment based on seniority in certain
circumstances in certain classifications,"
With the recommendation that the committee substitute do pass.
Messages from the Senate
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. 153 - "A Bill to amend and reenact article 3, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by
the various executive or administrative agencies and the procedures relating thereto; continuing rules
previously promulgated by state agencies and boards; legislative mandate or authorization for the
promulgation of certain legislative rules; 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; repealing certain legislative rules;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
standards of performance for new stationary sources; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to hazardous waste management systems;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
the assessment of civil administrative penalties; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the hazardous waste management fee;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
surface mining reclamation; authorizing the Department of Environmental Protection to repeal a
legislative rule relating to the control and reduction of nitrogen oxides from nonelectric-generating
units as a means of mitigate transport of ozone precursors; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
permits for construction, modification, relocation and operation of stationary sources of air pollutants,
notification requirements, administrative updates, temporary permits, general permits, permission to
commence construction and procedures for evaluation; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to permits for construction and major modification
of major stationary sources of air pollution for the prevention of significant deterioration; authorizing
the Department of Environmental Protection to promulgate a legislative rule relating to the control
of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the
Department of Environmental Protection to repeal a legislative rule relating to the Nox budget trading
program as a means of control and reduction of nitrogen oxides from electric-generating units;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
emission standards for hazardous air pollutants; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to a mercury budget training program to reduce
mercury emissions; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to the WV/NPDES rules for coal mining facilities; authorizing the Department
of Environmental Protection to promulgate a legislative rule relating to the State Water Pollution
Control Revolving Fund; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to environmental laboratories' certification and standards of performance;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
dam safety; and authorizing the Department of Environmental Protection to promulgate a legislative
rule relating to the assessment of civil administrative penalties; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and
redevelopment"; 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. 425 - "A Bill to amend and reenact §46A-4-111 of the Code of West Virginia, 1931, as
amended, relating to requiring disclosure of a higher annual percentage rate in any refinancing or
consolidation of a nonrevolving consumer loan or consumer credit sale; and requiring a
documentation of a reasonable, net tangible benefit to the borrower of any refinancing or
consolidation of a nonrevolving consumer loan or consumer credit sale made under this article that
is secured by residential real estate"; which was referred to the Committee on Banking and Insurance
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. 436 - "A Bill to amend and reenact §22-3-8 of the Code of West Virginia, 1931, as
amended, relating to environmental permitting of surface coal mining; and correcting antiquated
language with respect to the state agencies charged with cooperating with the Department of
Environmental Protection to ensure that permit applicants comply with certain fiscal and reporting
requirements imposed by the state's unemployment compensation and workers' compensation laws";
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
S. B. 648 - "A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as
amended, relating to requiring manual count of selected precinct during the canvas in counties using
electronic voting systems; requiring county commission to select a precinct to be manually counted;
and providing for full manual count under certain circumstances"; which was referred to the
Committee on Political Subdivisions 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
Com. Sub. for S. B. 650 - "A Bill to amend and reenact §61-11-6 of the Code of West
Virginia, 1931, as amended, relating to increasing the penalty for accessory after the fact to certain
crimes to a felony; establishing penalty; and creating exceptions"; which was referred to the
Committee on the Judiciary then Finance.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Hutchins and Marshall.
At 5:11 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 27, 2009.