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House Journal


Day 60 (03-13-2010) - [PDF]
Day 59 (03-12-2010) - [PDF]
Day 56 (03-09-2010) - [PDF]
Day 58 (03-11-2010) - [PDF]
Day 57 (03-10-2010) - [PDF]
Day 55 (03-08-2010) - [PDF]
Day 52 (03-05-2010) - [PDF]
Day 50 (03-03-2010) - [PDF]
Day 48 (03-01-2010) - [PDF]
Day 45 (02-26-2010) - [PDF]
Day 44 (02-25-2010) - [PDF]
Day 43 (02-24-2010) - [PDF]
Day 42 (02-23-2010) - [PDF]
Day 41 (02-22-2010) - [PDF]
Day 38 (02-19-2010) - [PDF]
Day 37 (02-18-2010) - [PDF]
Day 36 (02-17-2010) - [PDF]
Day 35 (02-16-2010) - [PDF]
Day 34 (02-15-2010) - [PDF]
Day 30 (02-11-2010) - [PDF]
Day 29 (02-10-2010) - [PDF]
Day 28 (02-09-2010) - [PDF]
Day 27 (02-08-2010) - [PDF]
Day 24 (02-05-2010) - [PDF]
Day 23 (02-04-2010) - [PDF]
Day 22 (02-04-2010) - [PDF]
Day 21 (02-02-2010) - [PDF]
Day 20 (02-01-2010) - [PDF]
Day 17 (01-29-2010) - [PDF]
Day 16 (01-28-2010) - [PDF]
Day 15 (01-27-2010) - [PDF]
Day 14 (01-26-2010) - [PDF]
Day 13 (01-25-2010) - [PDF]
Day 10 (01-22-2010) - [PDF]
Day 09 (01-21-2010) - [PDF]
Day 07 (01-19-2010) - [PDF]
Day 06 (01-18-2010) - [PDF]
Day 03 (01-15-2010) - [PDF]
Day 02 (01-14-2010) - [PDF]
Day 01 (01-13-2010) - [PDF]
hdj2010-02-04-22


__________*__________




Wednesday, February 3, 2010

TWENTY-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 Tuesday, February 2, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing resolutions.
Resolutions Introduced

Delegates McGeehan, Carmichael, Blair, Walters, Perdue and Reynolds offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 26 - "Urging our congressional delegation to introduce and support legislation that would permit an audit of the Federal Reserve System."
Whereas, The Federal Reserve, the unelected central bank of the United States, enjoys a monopoly over the flow of our nation's money and credit but has never been completely transparent and accountable to Congress since its creation in 1913; and
Whereas, Over it's nearly one hundred year history, the Federal Reserve has presided over the near-complete destruction of the United States dollar which, since 1913, has lost over ninety-five percent of its purchasing power; and
Whereas, During the current economic crisis, Congress, the Treasury, and the Federal Reserve have placed an additional $12 trillion in bailouts and loans on the backs of the American taxpayer in addition to our almost $12 trillion national debt; and
Whereas, Testifying before Congress, Federal Reserve Chairman Ben Bernanke has refused to disclose which institutions have received trillions of dollars in these bailouts and loans or to give our representatives details about what deals are being made with foreign banks; and
Whereas, The current audits by outside agencies of the Federal Reserve are not thorough and do not include monetary policy decisions or agreements with foreign central banks and governments; and
Whereas, The crucial issue of Federal Reserve transparency requires an analysis of 31 USC 714, the section of US Code which establishes that the Federal Reserve may be audited by the Government Accountability Office (GAO), but which simultaneously severely restricts what the GAO may in fact audit; and
Whereas, The most important matters, which directly affect the strength of the dollar and the health of the financial system, are immune from oversight; therefore, be it
Resolved by the Legislature of West Virginia:
That our State's Congressional Delegation is urged to support HR 1207 The Federal Reserve Transparency Act, and S 604, The Federal Reserve Sunshine Act, which would eliminate these restrictions from US Code and mandate a GAO audit of the Federal Reserve to be completed by the end of 2010, finally delivering answers to the American people about how our money is being spent; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to the members of the West Virginia Congressional Delegation.
Delegate Louisos offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 27 - "Requesting the Division of Highways to name the bridge in Fayette County on County Route 21/18 and crossing State Route 19 North, bridge number 10-21/18-0.94, as the 'Sergeant Shirley W. O'Boyle Memorial Bridge'."
Whereas, Sergeant Shirley W. O'Boyle was born on July 11, 1944, in Lochgelly, a son of Franklin and Myrtle E. O'Boyle; and
Whereas, Sergeant O'Boyle grew up in Fayette County and attended Oak Hill High School; and
Whereas, Sergeant O'Boyle joined the United States Army in Beckley and after four years of service attained the rank of Staff Sergeant; and
Whereas, Sergeant O'Boyle received the following awards and decorations: Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal with two Bronze Service Stars, Combat Infantry Badge 1st Award, Expert Infantry Badge, Expert Badge with Mortar Bar and Rifle Bar, Parachutist Badge and Korea Defense Service Medal; and
Whereas, Sergeant O'Boyle died in service to his country in Vietnam on March 25, 1966, at the age of twenty-one and is buried in the Arlington National Cemetery; and
Whereas, It is fitting to honor Sergeant O'Boyle for his service to his community, his state and giving the ultimate sacrifice to his country by renaming the bridge on County Route 21/18 and crossing State Route 19 North, bridge number 10-21/ 18-0.94, as the "Sergeant Shirley W. O'Boyle Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to rename the bridge in Fayette County on County Route 21/18 and crossing State Route 19 North, bridge number 10-21/18- 0.94, as the "Sergeant Shirley W. O'Boyle Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Sergeant Shirley W. O'Boyle Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Secretary of the Department of Transportation and to Sergeant O'Boyle's surviving brothers and sisters, including Sadie R. O'Boyle Handyside, Shelby O'Boyle Hensley, Franklin L. O'Boyle and John O'Boyle.
Delegates
Williams, Varner, Mr. Speaker, Mr. Thompson, Beach, Fleischauer, Shaver
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 28 - "Requesting the bridge in Bruceton Mills crossing I-68 at the Bruceton Mills exit, mile marker 23, in Preston County, West Virginia, specifically bridge number 39-73/11- 0.04(2835), be named the 'Trooper First Class James Thomas Brammer Memorial Bridge'."
Whereas, Trooper First Class James Thomas Brammer was born April 13, 1947, in South Charleston, Kanawha County, West Virginia. He was a member of the West Virginia State Police from February, 1973 until April, 1989 and his untimely death in the line of duty on April 15, 1989, when he and Trooper Ronald Hicks were attempting to serve a warrant near Terra Alta in Preston County. Trooper First Class James Thomas Brammer was shot in the head and died instantly; and
Whereas, Trooper First Class James Thomas Brammer died leaving his wife, Bonnie Holliday Brammer, whom he married on May 29, 1971, a son Michael who was fifteen years old, a daughter Mary Beth, who was eight years of age, a brother Robert and his now deceased parents Harry and Mary Brammer. He had served in the United States Army, the West Virginia State Police for sixteen years, and was an expert sharpshooter. Trooper First Class James Thomas Brammer was a member of Sugar Valley Methodist Church and was awarded the American Police Hall of Fame Medal of Honor, West Virginia State Police Medal of Valor, West Virginia Chiefs of Police Association Police Cross and was honored by the FBI Fallen West Virginia Law Enforcement May 5, 2005. He was a member of Fraternal Order of Police Lodge 87, and the Masonic Lodge of Kingwood, West Virginia, and always had time to help the citizens of his community. Trooper First Class James Thomas Brammer served his community, state and country with honor and distinction giving his life in the line of duty; and
Whereas, It is proper to honor the service, dedication and sacrifice of Trooper First Class James Thomas Brammer by naming a bridge after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 39-73/11- 0.04(2835) in Bruceton Mills crossing I-68 at the Bruceton Mills exit, mile marker 23 in Preston County, West Virginia, the "Trooper First Class James Thomas Brammer Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and prominent letters proclaiming the bridge to be named the "Trooper First Class James Thomas Brammer Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and the surviving family of Trooper First Class James Thomas Brammer.
Delegates Barker, Stowers, Eldridge, Rodighiero and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 29 - "Requesting the Division of Highways to name Route 3 between Drawdy Mountain to Peytona, West Virginia, the 'Sgt. Chester A. Mollett Memorial Highway'."
Whereas, Chester A. Mollett was born on Drawdy Mountain in Peytona, West Virginia on July 27, 1943; and
Whereas, Chester Mollett attended Peytona Grade School before moving onto and graduating from Sherman High School in 1962; and
Whereas, Chester Mollett joined the U.S. Army shortly after graduating from high school; and
Whereas, Chester Mollett served in the Army for four years, during which time, he was a member of the 101st Airborne; and
Whereas, Chester Mollett was discharged from the Army, he joined the U.S. Marines and was sent to Parris Island for training and then was sent to Vietnam; and
Whereas, Chester Mollett served one tour of duty in Vietnam and came back to the U.S. to take additional training and returned to Vietnam in April, 1969 as a member of the 3rd Force Recon Company; and
Whereas, Chester Mollett was wounded on what was to have been his last recon mission before being discharged; and
Whereas, Chester Mollett died ten days later on February 16, 1970, aboard the hospital ship, the USS Sanctuary; and
Whereas, Chester Mollett was posthumously awarded the "Silver Star", the third highest military honor, for bravery during combat and unwavering devotion to duty in the face of great personal danger; and
Whereas, Chester Mollett was buried at the Drawdy Cemetery on February 28, 1970, with military rites; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name Route 3 between Drawdy Mountain and Peytona, WV the "Sgt. Chester A. Mollett Memorial Highway"; and, be it
Further Resolved, That the Legislature hereby requests the Division of Highways to have made and be placed signs identifying Route 3 between Drawdy Mountain and Peytona in Boone County, West Virginia the "Sgt. Chester A. Mollett Memorial Highway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family of Chester A. Mollett.
Delegate Pethtel offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 30 - "Requesting the Division of Highways name the B&O overpass bridge number 52-7-33.52 on State Route 7 in Hundred, Wetzel County, West Virginia the 'Chief Warrant Officer John Michael Hohman Memorial Bridge'."
Whereas, John Michael Hohman was born on January 29, 1949, the son of Mr. and Mrs. Louis Hohman; and
Whereas, John Michael Hohman graduated from Hundred High School on June 2, 1965; and
Whereas, Chief Warrant Officer John Michael Hohman served in Vietnam in the United States Army 25th Infantry Division, 4th Cavalry, 3rd Squadron, D Troop; and
Whereas, Chief Warrant Officer John Michael Hohman was on his second tour of duty in Vietnam when his helicopter was shot down and he was killed in action on May 31, 1969; and
Whereas, On that fateful day in 1969, Chief Warrant Officer John Michael Hohman gave his last full measure of devotion to his country and to his comrades-in-arms; and
Whereas, It is only fitting and proper that this bridge be named in his honor, and that it henceforth stand as a permanent memorial so that Chief Warrant Officer John Michael Hohman's supreme sacrifice will not be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name the B&O overpass bridge number 52-7-33.52 on State Route 7 in Hundred, Wetzel County, West Virginia the "Chief Warrant Officer John Michael Hohman 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 "Chief Warrant Officer John Michael Hohman Memorial Bridge" with a designation that Chief Warrant Officer John Michael Hohman served in the Vietnam War; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of John Michael Hohman and the Secretary of the Department of Transportation.
Mr. Speaker, Mr. Thompson, and Delegates Ashley, Barker, Beach, Boggs, Brown, Butcher, Campbell, Caputo, Craig, Crosier, Doyle, Eldridge, Ennis, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Ireland, Kominar, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Ross, Shaver, Skaff, Smith, Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Talbott, Varner, D. Walker, T. Walker, Wells, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H C. R. 31 - "Expressing the will of the Legislature in supporting the legislation enacted by Congress in May of 2009 called the Credit Card Act of 2009 and supporting further measures that encourage stronger consumer protection against credit card companies, and requesting that West Virginia's Congressional Delegation also support stronger consumer protection policies."
Whereas, The passage of the Credit Card Act of 2009 will have serious financial benefits for the citizens of West Virginia and all citizens across the Nation; and
Whereas, The protections established in the Credit Card Act of 2009 started to be phased in over fifteen months since August of 2009, with additional protections going into effect February 22, 2010; and
Whereas, The Act limits when credit card interest rates can be increased on existing balances, there will be no interest rate increases in most cases for the first year that any account is open, payments are to be due on the same date each month, issuers cannot in most cases raise the rate on existing balances only on new charges, allows consumers whose interest rates have been increased to reduce their annual percentage rates to previous levels if they have paid their bills on time for six months, and bans double-cycle billing which is the practice of basing finance charges on the current and previous balance even though part of the debt was paid in the previous month, among other benefits; and
Whereas, This legislation was a great first step in consumer protection for the citizens of West Virginia and the United States but does not go as far as placing a cap on interest rates or fees; and
Whereas, Credit card companies are beginning to create new fees, such as inactivity fees, or charging annual fees on existing credit card accounts to counter the protections that have been put into effect by the Credit Card Act of 2009; and
Whereas, West Virginia's Congressional Delegation must work to ensure that the financial security of West Virginia's citizens are safeguarded from unfair business practices not only during tough economic conditions but at all times; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia supports the Credit Card Act of 2009 as it provides protections to our citizens from high interest rates, unpredicted rate hikes, odd billing practices, and outrageous fees; and, be it
Further Resolved, That the Legislature of West Virginia supports further measures that encourage consumer protection from credit card companies such as a cap on interest rates and fees, among other protections; and, be it
Further Resolved, That the Legislature of West Virginia requests that West Virginia's congressional delegation support similar and stronger legislation to protect the citizens in our state; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to United States Senators Robert C. Byrd and John D. Rockefeller, IV and Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito.
Mr. Speaker, Mr. Thompson, and Delegates Anderson, Ashley, Azinger, Barker, Beach, Boggs, Brown, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Duke, Eldridge, Ellem, Ennis, Ferro, Fleischauer, Fragale, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Iaquinta, Klempa, Kominar, Lawrence, Longstreth, Louisos, Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Poore, Porter, Reynolds, Rodighiero, Romine, Ross, Rowan, Schadler, Shaver, Shott, Smith, Sobonya. Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Swartzmiller, Talbott, D. Walker, T. Walker, Wells, White and Williams offered the following resolution, which was read by the Clerk as follows:
H. R. 13 - "Designating February 3, 2010 as 'Professional Social Work Day'."
Whereas, Social workers are dedicated to the successful functioning of American Society; and
Whereas, Social workers inspire community action that improves life for all people; and
Whereas, Social workers have the right education and experience to guide individuals, families, and communities through complex issues and choices; and
Whereas, Social workers stand up for others to make sure everyone has access to the same basic rights, protections, and opportunities; and
Whereas, Social workers have been the driving force behind important social movements in the United States; and
Whereas, Social workers help resolve systemic issues that negatively affect community life; and
Whereas, Social workers believe there are no limits to human potential; and
Whereas, Social workers work through private practices, agencies and organizations, hospitals, the military, government, and educational institutions to provide resources and guidance that support social functioning; and
Whereas, Social workers are on the front-lines, responding to such human needs as homelessness, poverty, family breakup, mental illness, physical and mental disability, substance abuse, domestic violence and many other issues; and
Whereas, Social workers make a wide range of social contributions throughout their careers; and
Whereas, A social work career is one filled with purpose and possibilities; and
Whereas, Social workers help millions of Americans lead more rewarding lives; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 3, 2010, as "Professional Social Work Day": and, be it
Further Resolved, That the House of Delegates recognizes the professional social workers and their commitment and dedication to individuals, families, and communities everywhere through service delivery, research, education and advocacy; and, be it
Further Resolved, That the House of Delegates calls upon all citizens to join with the National Association of Social Workers, West Virginia Chapter in celebration and support of social workers and the social work profession; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the appropriate organizations.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 13) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Mr. Speaker, Mr. Thompson, and Delegates Barker, Beach, Boggs, Brown, Butcher, Campbell, Cann, Caputo, Craig, Crosier, Ennis, Ferro, Fleischauer, Fragale, Frazier, Givens, Hall, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Kominar, Longstreth, Mahan, Manchin, Manypenny, Marshall, Martin, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Reynolds, Rodighiero, Ross, Shaver, Skaff, Smith, Spencer, Staggers, Susman, Talbott, Varner, D. Walker, T. Walker, Wells, White, Williams, Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, McGeehan, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Shott, Sobonya and Sumner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 14 - "Creating a Select Committee on Coal Mining Permits."
Resolved by the House of Delegates:
That for the remainder of the 79th Legislature, there is hereby created a Select Committee on Coal Mining Permits, consisting of not more than five members of the House of Delegates, to be appointed by the Speaker. Notwithstanding the provisions of any House Rule to the contrary, the Select Committee hereby created shall receive testimony, consider legislation, and recommend action to the Speaker of the House relating to all issues relevant to the processes and procedures of the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Department of the Interior's Office of Surface Mining and any other federal agency that has authority or involvement in the issuance of coal mining permits in West Virginia as well as the West Virginia Department of Environmental Protection as it relates to obtaining coal mining permits, including, but not limited to, ascertaining the status of all coal mining permits that are pending issuance in West Virginia and the role each agency has in the issuance of those permits, obtaining specific timetables for the issuance of coal mining permits in West Virginia, achieving consistency and uniformity throughout the permitting process, recommending those projects and sectors that provide the best opportunity for long term job creation and economic growth with obtaining these coal mining permits
; and, be it
Further Resolved, That the rules of the House governing Standing Committees shall govern the actions and proceedings of this Select Committee insofar as applicable.

Committee Reports

Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4140, Relating to the board of physical therapy,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4140 - "A Bill to repeal §30-20-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-20-1, §30-20-2, §30-20-3, §30-20-4, §30-20-5, §30-20-6, §30-20-7, §30-20-8, §30-20-9, §30-20-10, §30-20-11, §30-20-12, §30-20-13, §30-20-14 and §30-20- 15; and to amend said code by adding thereto five new sections, designated §30-20-16, §30-20-17, §30-20-18, §30-20-19 and §30-20-20, all relating to the Board of Physical Therapy; prohibiting the practice of physical therapy without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties and providing that a single act is evidence of practice,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4166, Expanding the age for firefighters over thirty-five years of age for persons already employed by another paid fire department,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4166 - "A Bill to amend and reenact §8-15-17 of the Code of West Virginia, 1931, as amended, relating to firefighter transfers of employment to other fire departments,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4167, Creating a special revenue fund, known as the Department of Health and Human Resources Safety and Treatment Fund,
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. 4167) was referred to the Committee on Finance.
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. 4143, Relating to emergency medical services,
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. 4143) was referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4068, Barbers and Cosmetologists, procedures, criteria and curricula,
H. B. 4070, Barbers and Cosmetologists, continuing education,
H. B. 4071, Barbers and Cosmetologists, hearing procedure,
H. B. 4072, Barbers and Cosmetologists, qualifications, training, examination and licensure of instructors,
H. B. 4075, Barbers and Cosmetologists, schedule of fines,
And,
H. B. 4076, Barbers and Cosmetologists, disciplinary and complaint procedures,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4068, H. B. 4070, H. B. 4071, H. B. 4072, H. B. 4075 and H. B. 4076) were each referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4043, Barbers and Cosmetologists, schedule of fees,
H. B. 4055, Medicine, WV Board of, fees for services rendered,
H. B. 4060, Real Estate Appraiser Licensing and Certification Board, renewal,
And,
H. B. 4120, Real Estate Appraiser Licensing and Certification Board, requirements for licensure,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4043, H. B. 4055, H. B. 4060 and H. B. 4120) were each referred to the Committee on the Judiciary.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 215 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to expanding certain crimes against governmental representatives and health care providers to include unlawful acts against volunteer firefighters, emergency medical technicians and persons employed by or under contract with an emergency medical services provider"; 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. 339 - "A Bill to amend and reenact §3-2-4a of the Code of West Virginia, 1931, as amended, relating to statewide voter registration list maintenance; and making a technical correction to that statute"; 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. 388 - "A Bill to amend and reenact §8A-2-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8A-8-3 of said code, all relating to municipal planning commissions and municipal boards of zoning appeals; and specifying the number of members by municipal classifications"; which was referred to the Committee on Political Subdivisions then the Judiciary.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates M. Poling, Duke and Paxton:

H. B. 4306 - "A Bill to repeal §11-1C-5b and §18-9A-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-9A-2 and §18-9A-11 of said code; and to further amend said code by adding thereto a new section, designated §18-9A-11a, all relating to public school support computation of local share; removing provisions for using assumed assessed values for the purpose of computation; removing provisions for increasing counties' local share responsibility for funding basic foundation education formula when property assessments are not at least fifty-four percent of market value as indicated by assessment ratio study; conforming related provisions and deleting expired provisions; making legislative findings with respect to the affect of under assessed property values on school funding and the obligations of assessors and tax commissioner; providing for benchmark assessment ratio study as indicator of percentage of assessments to market value; requiring certain acts by commissioner and assessor to remedy under assessments; penalty for refusal to make corrections"; to the Committee on Education then Finance.
By Delegates Doyle, Perdue, Brown, Fleischauer and Moore:

H. B. 4307 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-18-1, §11-18-2 and §11-18-3, all relating to imposing an excise tax on grocery stores, drug stores and convenience stores equal to five cents for each plastic shopping bag given to customers"; to the Committee on Finance.
By Delegate Louisos:

H. B. 4308 - "A Bill to amend and reenact §46A-2-122 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-5-103 of said code, all relating to fraudulent, deceptive or misleading representations by debt collectors; adding public agencies to the definition of 'debt collector'; and increasing the criminal penalty for fraudulent, deceptive or misleading representations by debt collectors"; to the Committee on the Judiciary.
By Delegate Michael:

H. B. 4309 - "A Bill to authorize the Town of Moorefield, the Hardy County Commission, and Hardy County's largest corporate user of public wastewater facilities to construct and maintain a state of the art regional wastewater treatment plant, transmission lines and collection facilities for the purpose of collecting, transporting and treating the wastewater from the Town of Moorefield and the unincorporated areas of Hardy County; authorizing the town, the county commission and Hardy County's largest corporate user of public wastewater facilities to create the Moorefield/Hardy County Wastewater Authority to assume ownership of the facilities; membership; powers and duties; board of directors; bylaws; rules; support, maintenance and operation; funds; and severability"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Reynolds:

H. B. 4310 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-2-15, relating to members of the media not being compelled to give testimony before a grand jury provided certain conditions are met"; to the Committee on the Judiciary.
By Delegates White and Campbell

[By Request of the Department of Commerce]:
H. B. 4311 - "A Bill to amend and reenact §5B-1-1a of the Code of West Virginia, 1931, as amended, relating to authorizing the Marketing and Communications office of the Department of Commerce to promote and sell West Virginia related items, as well as sell advertising in its publications, events or promotions"; to the Committee on Finance.
By Delegates White and Campbell

[By Request of the Tax and Revenue Department]:
H. B. 4312 - "A Bill to amend and reenact §11-10-18 of the Code of West Virginia, 1931, as amended, relating to the Tax Procedure and Administration Act, specifying imposition of penalty of five percent of the amount of tax, if the failure to file a tax return is for not more than one month"; to the Committee on Finance.
By Delegates Doyle, Campbell, Guthrie, Wells, Manchin, T. Walker, Longstreth, Michael, Overington, Duke and Perdue:

H. B. 4313 - "A Bill to amend and reenact §3-8-2 of the Code of West Virginia, 1931, as amended, relating to elections; and providing that parties advocating passage or defeat of a public question by referendum vote are subject to reporting requirements of article eight, chapter three of said code"; to the Committee on the Judiciary.
By Delegates White and Campbell

[By Request of the Tax and Revenue Department]:
H. B. 4314 - "A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended, relating to establishing the valuation of motor vehicles and motorcycles for property tax assessment purposes based on 'clean load' values for motor vehicles, 'clean trade-in' values for motorcycles or alternative values"; to the Committee on the Judiciary then Finance.
By Delegate White and Campbell

[By Request of the Tax and Revenue Department]:
H. B. 4315 - "A Bill to amend and reenact §11-13Z-1, §11-13Z-2 and §11-13Z-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eight new sections, designated §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10 and §11-13Z-11, all relating to the tax credit for residential solar energy systems; identifying legislative purpose, creating certain definitions, defining solar energy system; limiting amount of credit to a maximum of $2,000, specifying application of credit and carryforward periods, establishing burden of proof on taxpayer, requiring that written application for credit be filed with the Tax Commissioner not later than specified date, allowing a penalty of fifty percent of credit for failure to make timely application, establishing eligibility requirements for credit, disqualifying from credit taxpayer that purchases solar energy systems from related persons, providing for credit recapture and imposition of recapture tax if property disposed of in the first or succeeding tax year the system put into service, authorizing promulgation of rules, specifying credit exclusion when other credits are applied, or where federal grant or federal deduction applies, indicating nontransferability of credit, requiring Tax Commissioner to undertake a solar energy tax credit review beginning in 2013 and report results to the Governor, the President of the Senate and the Speaker of the House of Delegates, requiring taxpayers to submit confidential data for inclusion in said review and report, and terminating the solar energy tax credit in 2013"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates McGeehan, Crosier, Longstreth, Ross, Michael, Hunt, Hartman and Ireland:

H. B. 4316 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5 and §47-26-6, all relating to creating the West Virginia Firearms Freedom Act exempting firearms, a firearm accessory, or ammunition manufactured and retained in West Virginia, from Federal regulation under the Commerce Clause of the Constitution of the United States; providing short title; legislative declarations of authority; providing definitions; prohibitions; exceptions; and marketing of firearms"; to the Committee on the Judiciary.
By Delegate Rodighiero:

H. B. 4317 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7; to amend said code 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 cost-of-living adjustments for certain current and former public employees generally; providing a $1,000 cost of living adjustment to be paid in full by June 30, 2010; providing for selection of payment date by State Auditor; requiring payment of the cost-of- living adjustments upon authorization; providing for transfer and expenditure of funding appropriated to State Budget Office to spending units and county boards of education for payment of the cost-of-living adjustments; defining terms; providing for $1,000 cost-of-living adjustment to certain retirees of the Public Employees Retirement System and the State Teachers Retirement System by June 30, 2010; and providing for the pro rata distribution of the cost-of-living adjustment to certain beneficiaries"; to the Committee on Pensions and Retirement then Finance.
By Delegates Moore, Walters, Reynolds and Azinger

[By Request of the Division of Banking]:
H. B. 4318 - "A Bill to amend and reenact §31A-4-26 of the Code of West Virginia, 1931, as amended, relating to banking institutions; and the ability of employees of the Division of Banking to obtain credit"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Morgan, Stephens, Ferro, Guthrie, Mahan and Barker

[By Request of the Secretary of State's Office]:
H. B. 4319 - "A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931, as amended relating to publication of the State Register"; to the Committee on Government Organization then Finance.
By Delegate Michael:

H. B. 4320 - "A Bill to amend and reenact §8A-2-3 of the Code of West Virginia, 1931, as amended, relating to setting forth the number of members for a municipal planning commission for Class IV municipalities"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates White, Campbell, Martin and Michael:

H. B. 4321 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-18a, relating to underwriting of nonstate employer groups by the Public Employees Insurance Agency"; to the Committee on the Judiciary.
By Delegate Michael:

H. B. 4322 - "A Bill to amend and reenact §8A-8-3 of the Code of West Virginia, 1931, as amended, relating to the required number of members for municipal boards of zoning appeals for Class IV municipalities"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Armstead, Lane and Walters:

H. B. 4323 - "A Bill to amend and reenact §17C-7-9 of the Code of West Virginia, 1931, as amended, relating to driving on roadways laned for traffic; prohibiting use of turning lanes for through traffic under certain circumstances; providing criminal penalty"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates M. Poling, Perry, Duke, D. Walker, Smith, Rodighiero, Moye, Paxton, Ireland, Stowers and Lawrence:

H. B. 4324 - "A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to extending the expiration date of employment of retired teachers beyond the post-retirement employment limit established by the Consolidated Public Retirement Board; requiring additional information to be reported to Consolidated Public Retirement Board and State Board of Education; and continuing reports to the Joint Committee on Government and Finance until 2013"; to the Committee on Education then Finance.
By Delegate D. Walker:

H. B. 4325 - "A Bill to repeal §20-2-19a of the Code of West Virginia, 1931, as amended; to repeal §61-7-3, §61-7-5, §61-7-6 and §61-7-6a of said code; to repeal §61-7A-1 and §61-7A-5 of said code; to amend and reenact §8-12-5 and §8-12-5a of said code; to amend and reenact §20-1-2 of said code; to amend and reenact §20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-37, §20-2-42l, §20- 2-42p and §20-2-46e of said code; to amend and reenact §20-7-9 and §20-7-11 of said code; to amend said code by adding thereto a new section, designated §27-5-6; to amend and reenact §44A-2- 6 of said code; and to amend and reenact §61-7-2, §61-7-4, §61-7-7 and §61-7-14 of said code, all relating to the regulation of firearms and other deadly weapons; repealing authority of municipalities to prohibit the carrying of certain weapons; clarifying that hunting statutes generally do not prohibit the otherwise lawful carrying of handguns for self-defense purposes; exempting persons who are licensed or otherwise authorized to lawfully carry concealed weapons from certain limitations on how firearms may be carried or transported; providing additional lawful means for the transportation of regulated firearms in or on vehicles and vessels; consolidating and clarifying certain penalty provisions; requiring inclusion of notice of potential firearm disability in notices of guardianship hearings; repealing requirement of license to carry a concealed weapon; modifying eligibility criteria for license to carry concealed weapons and scope of license; conforming classes of persons prohibited from possessing firearms to federal law; prohibiting certain individuals from carrying concealed weapons; increasing penalty for possession of firearms and carrying concealed weapons by prohibited persons; providing additional procedures for relief from disabilities; and defining terms"; to the Committee on Natural Resources then the Judiciary.
By Delegates Fleischauer, Schadler, Azinger, Brown, Hamilton, Sobonya and Hatfield:

H. B. 4326 - "A Bill to amend and reenact §17C-5B-1 of the Code of West Virginia, 1931, as amended, relating to requiring a preliminary breath analysis for the purpose of determining the blood alcohol content of a surviving driver"; to the Committee on the Judiciary.

House Calendar

Third Reading

Com. Sub. for H. B. 4133, Clarifying the requirements to practice marriage and family therapy; 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. 19), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Argento, Campbell, Carmichael, Romine and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4133) 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. 4142, Relating to the board of sanitarian; 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. 20), and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Armstead, Lane, Louisos, McGeehan, C. Miller, J. Miller, Porter, Sobonya, Sumner and Walters.
Absent and Not Voting: Argento, Campbell, Carmichael, Romine and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4142) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
H. B. 4142 - "A Bill to amend and reenact §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17- 5, §30-17-6, §30-17-7, §30-17-8, §30-17-9, §30-17-10, §30-17-11 §30-17-12, §30-17-13, §30-17-14, and §30-17-15 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto five new sections, designated §30-17-16, §30-17-17, §30-17-18, §30-17-19 and §30-17-20, all relating to the regulation of environmental health science; prohibiting the practice of environmental health science without a license; prohibiting the practice of public health sanitation without a certificate; providing definitions; renaming board of registration for sanitarians; revising board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, permit and certificate requirements; providing for exemptions from licensure; providing for licensure for persons licensed in another state; establishing renewal requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing increased criminal penalties; providing that a single act is evidence of practice; establishing fees; authorizing the board to set certain fees; and establishing continuing education requirements."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4171, Relating to criminogenic risk and needs assessments; 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. 21), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Cowles and J. Miller.
Absent and Not Voting: Argento, Campbell, Carmichael, Romine and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4171) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
H. B. 4171 - "A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-12-13 of said code, all relating to criminogenic risk and needs assessments; providing for the use of criminogenic risk and needs assessments in Division of Corrections diagnosis and classification procedures; and providing for review of criminogenic risk
and needs assessments in Board of Parole determination procedures."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2503, Requiring licensed tattoo artist to inform patrons, prior to performing the tattoo procedure, of the potential problems that a tattoo may cause in relation to the reading of magnetic resonance imaging,
And,
Com. Sub. for H. B. 2663, Expanding the power of municipal parking authority officers.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Campbell, Carmichael, Romine and Wooton.
Miscellaneous Business

Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate Hamilton regarding substance abuse be printed in the Appendix to the Journal.
Delegate Mahan noted to the Clerk that she was absent when the votes were taken on Roll Nos. 8 through 16, and that had she been present, she would have voted "Yea" thereon.
At 11:46 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 4, 2011.

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