hdj2010-02-22-41
__________*__________
Monday, February 22, 2010
FORTY-FIRST 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 Friday, February 19, 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 introduction of resolutions.
Resolutions Introduced
Delegates Manypenny, Guthrie, Poore, Hatfield and Swartzmiller offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 69 - "Requesting the Joint Committee on Government and Finance to study the establishment of a codified West Virginia Food Council that is structured to develop a sustainable
West Virginia food system that supports the production, processing, aggregation, distribution and
consumption of West Virginia foods."
Whereas, Substantial positive economic impact would result in West Virginia from
increasing the amount of West Virginia food produced and consumed; and
Whereas, Significant health benefits will be achieved through access to fresher, healthier
West Virginia produced food; and
Whereas, West Virginia producers, consumers, and communities as well as state and federal
agencies are recognizing the economic and nutritional value of local food; and
Whereas, Coordinated, strategic and collaborative efforts by local food stakeholders have
been shown to successfully implement policy changes that help establish local, regional, and state
food systems; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
establishment of a codified West Virginia Food Council that is structured to develop a sustainable
West Virginia food system that supports the production, processing, aggregation, distribution and
consumption of West Virginia foods; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2011, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Armstead, Lane, Walters, and Poore offered the following resolution, which was
read by the Clerk as follows:
H. C. R. 70 - "Requesting the Division of Highways name the bridge over Elk River on U.
S. Route 114 at Big Chimney in Kanawha County, specifically bridge number 20-114-6.60, the
'Jerry Alan Jones Memorial Bridge'."
Whereas, Jerry Alan Jones was born on October 24, 1981, in Charleston, Kanawha County,
West Virginia, the son of Jerry and Beverly Jones; and
Whereas, Jerry Alan Jones answered the call to serve his fellow citizens at an early age and
immediately after graduating from Elk Valley Christian School in May 2000, he left to follow his
lifelong dream of becoming a Marine; and
Whereas, Jerry proudly served his country as a Marine and believed it was his place to help
protect American freedom and help ensure freedom around the world; and
Whereas, As a member of the 26
th Marine Expeditionary Unit, Jerry helped secure the
Kandahar airport in Afghanistan shortly after September 11, 2001; and
Whereas, Following his tour of duty with the Marines, Jerry returned to Charleston and
became a Charleston police officer having graduated from the State Police Academy in 2006. Jerry
hoped that through his service as a police officer he could help rid the Charleston area of crime and
to make it a better place for his fellow West Virginians to live; and
Whereas, Jerry believed his responsibility to serve his country did not end when he was
discharged from the Marines, and he was considering joining the National Guard; and
Whereas, In 2008, Jerry married the love of his life, Samantha Dawn Cruikshank, and they had many plans for their future; and
Whereas, While serving the citizens of Charleston, Jerry Alan Jones was tragically shot and
killed on Sunday, September 13, 2009; and
Whereas, Jerry Alan Jones was a man of tremendous faith and a good and compassionate
husband, son, public servant, and friend who did everything with dedication and integrity and his
service to the public should not be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways to name
bridge number 20-114-6.60 located on U. S. Route 114 crossing the Elk River at Big Chimney in
Kanawha County the "Jerry Alan Jones 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 entry of said bridge, containing bold and
prominent letters proclaiming the bridge to be the "Jerry Alan Jones Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation, the Commissioner of the Division
of Highways, and to the family of Jerry Alan Jones.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. C. R. 70) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegate Louisos:
H. J. R. 111 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article III thereof by adding thereto a new section, designated section twenty-three, relating
to the marriage protection amendment; prohibiting the state from recognizing same sex marriages;
prohibiting the state from recognizing a legal status for relationships that is similar to marriage;
numbering and designating such proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the
Judiciary.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegate Campbell:
H. B. 112 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section twenty-two, article VI thereof, relating to requiring the Legislature to adopt a
biennial budget and alternating the length of legislative sessions every other year from sixty-day
sessions to thirty-day sessions; numbering and designating such proposed amendment; and providing
a summarized statement of the purpose of such proposed amendment"; to the Committee on
Constitutional Revision then the Judiciary.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 63, The "John W. Blue Memorial Highway",
And,
H. C. R. 67, The "Purple Heart Trail" in Taylor County,
And reports the same back with the recommendation that they each be adopted.
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:
H. B. 2964, Relating to issuance of renewal license certificate to motor vehicle dealers,
And,
H. B. 4346, Making it a felony to drive a vehicle while under te influence of alcohol,
controlled substance or other drug that causes serious bodily injury to another person,
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. 2964 and H. B. 4346)
were each referred to the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4524, Revising the definition of "all-terrain vehicle" and including a definition for
utility terrain vehicle,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.
In the absence of objection, reference of the bill (H. B. 4524) to the Committee on
Government Organization was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
S. B. 611, Removing location requirement for certain higher education offices,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Motions
The Clerk read a written motion, heretofore filed with him by Delegate Lane, as follows:
"Delegate Lane, in accordance with the provisions of House Rule 82, moves that the
Committee on Constitutional Revision be discharged from consideration of House Joint Resolution
8, the Homestead Exemption Increase Amendment; and, that the Resolution be taken up for immediate
consideration."
Delegate Boggs asked and obtained unanimous consent that the foregoing motion be
laid over.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred
as follows:
By Delegates Boggs, White and Kominar:
H. B. 4594 - "A Bill to amend and reenact §24-2-1 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission and regulation of railroads;
providing that the jurisdiction of the Public Service Commission to regulate railroads
terminate July 1, 2011, and transferring this authority to the Department of Military Affairs
and Public Safety"; to the Committee on Government Organization.
By Delegate Wells:
H. B. 4595 - "A Bill to amend and reenact §18A-4-1 and §18A-4-2 of the Code of
West Virginia, 1931, as amended, all relating to the minimum salaries of teachers based on
years experience and level of education"; to the Committee on Education then Finance.
By Delegates Morgan, Stephens, Argento, Hatfield, Manypenny, Martin,
Swartzmiller and Talbott:
H. B. 4596 - "A Bill to amend and reenact §16-1-7 of the Code of West Virginia,
1931, as amended; to amend and reenact §30-3-5 of said code; to amend and reenact §30-16-4
of said code; and to amend and reenact §30-17-7 of said code, all relating to removing the
Commissioner of the Bureau for Public Health from professional licensure boards"; to the
Committee on Government Organization.
By Delegates McGeehan and Romine:
H. B. 4597 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3 and §29-29-4, all
relating to the Northern Panhandle Child Advocacy Commission"; to the Committee on
Government Organization then the Judiciary.
By Delegates Shott, Porter and Frazier:
H. B. 4598 - "A Bill to amend and reenact §38-1-2 the Code of West Virginia, 1931, as amended, relating to filing a memorandum of deed of trust in lieu of a deed of trust"; to the
Committee on the Judiciary.
By Delegates Perdue, Rodighiero, Eldridge and Craig:
H. B. 4599 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §60A-3-309, relating to dispensing controlled
substances by United States mail or delivery service; requiring that the recipient of the
controlled substance be over eighteen years of age, present government issued identification
and sign a receipt for the controlled substance being delivered"; to the Committee on the
Judiciary.
By Delegate Shook:
H. B. 4600 - "A Bill to amend and reenact §5-16-22 of the Code of West Virginia,
1931, as amended, relating to the administration of the West Virginia Public Employees
Insurance Agency; specifically, optional participation by the West Virginia University Board
of Governors in PEIA or another insurance program"; to the Committee on Government
Organization then Finance.
By Delegate Reynolds (By Request):
H. B. 4601 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-3-1c, relating to the method of appraising certain
affordable multifamily rental housing property for ad valorem property tax purposes"; to the
Committee on Finance.
By Delegate Paxton:
H. B. 4602 - "A Bill to amend and reenact §18A-1-1 of the Code of West Virginia, 1931, as amended, relating to defining the responsibilities of high school athletic directors";
to the Committee on Education.
By Delegates Martin and Paxton:
H. B. 4603 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §25-1-23, relating to creating a pilot program for
incarceration and treating low risk inmates who are disabled or impaired as a result of
medical, physical or mental disease or condition"; to the Committee on the Judiciary then
Finance.
By Delegates Armstead, Miley, Iaquinta, Walters, Fragale, Skaff, Cann and
Lane:
H. B. 4604 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia,
1931, as amended, relating to increasing the criminal penalties for persons who obstruct, flee
from or make false statements to law-enforcement officers, probation officers and parole
officers"; to the Committee on the Judiciary then Finance.
By Delegate McGeehan:
H. B. 4605 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22-1-18, relating to establishing that the
environmental regulation of business activities performed within the state is not subject to
federal regulation; and providing exceptions"; to the Committee on Energy, Industry and
Labor, Economic Development and Small Business then the Judiciary.
By Delegates Campbell, Varner, Cann, Cowles and Carmichael:
H. B. 4606 - "A Bill to amend and reenact §11-24-11b of the Code of West Virginia, 1931, as amended, relating to the corporation net income tax; credit for utility taxpayers with
net operating loss carryovers; and providing a different procedure for determining the credit";
to the Committee on Finance.
By Delegates Ellem, D. Poling, Azinger and Anderson:
H. B. 4607 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-41A-1, §16-41A-2, §16-41A-3, §16-41A-4, §16-
41A-5, §16-41A-6, §16-41A-7, §16-41A-8 and §16-41A-9, all relating to establishing the
Oral Health Pilot Program in the Mid-Ohio Valley Region; making legislative findings;
creating the pilot program for two years; funding the program in the amount of $100,000 per
year; setting forth the services to be provided; setting forth the fees to be paid to participating
dentists; setting forth a sliding scale for the fees to be paid by clients; requiring reports be
filed to the Governor and the Legislature; and defining terms"; to the Committee on Health
and Human Resources then Finance.
By Delegate Marshall:
H. B. 4608 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia,
1931, as amended; and to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said
code, all relating to the employment and compensation of school service personnel; increasing
the service personnel pay scales; upgrading the pay grades of certain aides, bus operators,
cooks and custodians; creating two new job titles - 'bus operator II' and 'bus operator III';
clarifying seniority in more than one employment classification; providing additional payment
to classroom aides in prekindergarten or kindergarten classes for any pupils over the twenty
maximum pupil-teacher ratio; and establishing a pupil teacher ratio of twenty to one in all prekindergarten classes"; to the Committee on Education then Finance.
By Delegates Armstead, Lane, Shott, Walters and Duke:
H. B. 4609 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia,
1931, as amended, relating to exempting veterans' organizations which are exempt from
income taxation by virtue of Internal Revenue Code 501(c)(19), from consumers sales and
service tax"; to the Committee on Finance.
By Delegates Moore, Perdue, Eldridge, Manypenny, Iaquinta, Manchin,
Longstreth and Hatfield
[By Request of the Department of Health and Human Resources]:
H. B. 4610 - "A Bill to repeal §18-10K-1, §18-10K-2, §18-10K-3, §18-10K-4,
§18-10K-5, and §18-10K-6 of the Code of West Virginia, 1931, as amended; to amend and
reenact §7-14E-2 of said code; to amend said code by adding thereto a new article, designated
§16-43-1, §16-43-2 and §16-43-3; and to amend and reenact §50-3-2b of said code; and to
amend and reenact §59-1-11a of said code, all relating to the creation of programs for the
treatment of traumatic brain injury; creating a special revenue fund; assessing fees for
specified activities; directing those fees to the fund; authorizing the state Medicaid agency to
apply for a home and community based waiver to serve eligible individuals; and authorizing
the Bureau of Behavioral Health and Health Facilities to create and administer a state program
for eligible individuals"; to the Committee on Health and Human Resources then Finance.
By Delegate Armstead:
H. B. 4611 - "A Bill to repeal §55-7-13 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto three new sections, designated §55-7-13a, §55-7-13b and §55-7-13c, all relating to comparative fault, abolishing joint liability, providing
that damages be allocated to any defendant held liable in direct proportion to that defendant's
percentage of fault, and providing for method of assessing fault of the parties"; to the
Committee on the Judiciary.
By Delegates Walters, Eldridge, Craig, Kominar, Manchin, Ross, Stowers, Shott,
Campbell, Skaff and Rodighiero:
H. B. 4612 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-13A-3f, relating to imposing a severance tax on
the generation of wind power into a renewable energy resource; establishing the rate of tax;
creating the 'Clean Coal Technology Research Fund'; dedicating the tax proceeds to be
expended on clean coal technology research; and authorizing the Division of Natural
Resources, with oversight from the West Virginia clean coal technology council, to expend
these proceeds with legislative approval"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then Finance.
By Delegates Staggers, Brown, Fleischauer, Border and Perdue:
H. B. 4613 - "A Bill to amend and reenact §16-50-2, §16-50-3 and §16-50-4 of the
Code of West Virginia, 1931, as amended, all relating to permitting unlicensed personnel to
administer medications in certain circumstances; defining terms; and exemptions from
licensure"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Caputo, Marshall, Eldridge, Stowers, Butcher, D. Poling, M.
Poling, Manypenny, Manchin, Klempa and Guthrie:
H. B. 4614 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2 and §11-28-3, all relating to
taxation of certain transfers, leases, sales or other disposition of the whole or any part of the
franchises, licenses, permits, plants, equipment, business or other property of any public
utility, or any merger or consolidation thereof and every contract, purchase of stocks,
arrangement, transfer or acquisition of control or other transaction covered by §24-2-12 of the
Code of West Virginia"; to the Committee on Finance.
By Delegate Campbell:
H. B. 4615 - "A Bill to amend and reenact §29-12A-16 of the Code of West Virginia,
1931, as amended, relating to authorizing political subdivisions to establish risk pools to
insure their workers' compensation risks; permitting Insurance Commissioners to disapprove
such risk pools if rules have not been made effective; and authorizing the Insurance
Commissioner to promulgate emergency rules"; to the Committee on Banking and Insurance
then the Judiciary.
By Delegate Pethtel:
H. B. 4616 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto an new article, designated §17C-17C-1, §17C-17C-2, §17C-17C-3, §17C-17C-
4, §17C-17C-5, and §17C-17C-6 all relating to creation of the temporary natural gas resources
transportation road system; providing legislative findings; creating regulatory program;
defining certain terms; requiring Division of Highways to establish vehicle weight and size
limits for public highways including natural gas resource transportation roads; providing for
temporary designation of natural gas resource transportation roads; requiring certification of
natural gas permitting areas by the Department of Environmental Protection to Division of Highways; requiring exchange of certain information between agencies; requiring certain road
signs; providing for toll-free telephone line for public reporting of poor driving or violations;
authorizing the Public Service Commission to administer the special permit program and to
enforce this article; authorizing Public Service Commission to inspect certain trucking
records; requiring study and report on commercial vehicle safety-related issues; authorizing
emergency and legislative rules to effectuate purposes of the article; authorizing the Public
Service Commission to issue permits and establish training and other requirements;
authorizing Division of Highways to issue permits and establishing certain requirements;
requiring all natural gas well owners to obtain permit; providing that natural gas well owners
are responsible for contractors; providing that all natural gas well owners in an area are
responsible for the cost of road maintenance and repair; providing for suspension, revocation
and modification of permits; providing for cease and desist orders in the interest of public
safety; requiring accident reporting; and creating penalties for failing to report accidents"; to
the Committee on Roads and Transportation then Finance.
By Delegates Shott, Sumner and Frazier:
H. B. 4617 - "A Bill to amend and reenact §17-16A-6 of the Code of West Virginia,
1931, as amended; and to amend and reenact §17C-16-5 of said code, all relating to
authorizing the West Virginia Parkways, Economic Development and Tourism Authority to
enter into certain compacts with other toll road authorities or state departments of motor
vehicles; and certificate of inspection with parkways fee"; to the Committee on Roads and
Transportation then the Judiciary.
By Delegates Caputo, Butcher, M. Poling, Stowers, Eldridge, D. Poling, Klempa, Marshall, Guthrie, Manypenny and Boggs:
H. B. 4618 - "A Bill to amend and reenact §24-1-1 of the Code of West Virginia,
1931, as amended; and to amend said code by adding to a new section, designated §24-2-1j,
all relating to requiring greater information to be submitted by the Public Service Commission
annually regarding the quality of service provided by utilities and persons subject to its
jurisdiction; and requiring incumbent local exchange carriers to achieve certain levels of
advanced services availability within the state by July 1, 2013"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Walters, Lane, Carmichael, Armstead and Shott:
H. B. 4619 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5,
§51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10, §51-1B-11, §51-1B-12, §51-1B-13 and
§51-1B-14, all relating to authorizing a new court to be known as the Intermediate Court of
Appeals and delineating the structure and duties thereof"; to the Committee on the Judiciary
then Finance.
By Delegates Caputo, Manchin, Longstreth, Poore, Manypenny, Phillips, Hunt,
D. Poling, and Klempa:
H. B. 4620 - "A Bill to amend and reenact §22A-2-43 of the Code of West Virginia,
1931, as amended, relating to requiring that cutter heads, long wall shears and other mining
machines automatically shut-off when the methane level reaches one percent"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then
the Judiciary.
By Delegate Williams:
H. B. 4621 - "A Bill to amend and reenact §5-16-5 and §5-16-25 of the Code of West
Virginia, 1931, as amended, all relating to the repeal of the eighty-twenty requirements for
payment of twenty percent of the aggregate premium by active employees, to prevent
premium increases unless there is an increase in salary or pensions, and to increase the amount
that PEIA can have in their Reserve Fund from fifteen percent to thirty percent"; to the
Committee on Government Organization then Finance.
By Delegates Caputo, Craig, Swartzmiller, Varner, Boggs, Givens, Ennis and
Ellem:
H. B. 4622 - "A Bill to repeal §29-3-24 and §29-3-25 of the Code of West Virginia,
1931, as amended; to amend and reenact §29-3-26 of said article; and to amend said code by
adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5,
§29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12, §29-3E-13,
§29-3E-14, §29-3E-15, §29-3E-16, §29-3E-17 and §29-3E-18, all relating generally to
revising, consolidating and codifying the laws relating to fireworks; providing definitions;
regulating purchase, possession, transportation, sale and use of fireworks; providing no local
government regulation over consumer fireworks; requiring certification, registration, bonding
and permits; providing for civil money penalties, criminal penalties and remedies; establishing
Fireworks Safety Fund and safety fee; establishing Fire Marshal Fireworks Account;
establishing West Virginia State Firemen's Association Account and use of funds; prescribing
powers and duties of certain state agencies; providing the Fire Marshal with rule-making and
emergency rule-making powers; and requesting the Fire Marshal create and maintain an Internet website"; to the Committee on Government Organization then Finance.
By Delegate Mahan:
H. B. 4623 - "A Bill to amend and reenact §21-5E-5 of the Code of West Virginia,
1931, as amended, relating to adding two additional members to the Equal Pay Commission,
one from the House of Delegates and one from the Senate"; to the Committee on Government
Organization.
By Delegates Manypenny, Guthrie, Brown, Beach and Susman:
H. B. 4624 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5
and §19-2H-6, all relating to creating the 'Genetically Engineered Food Right to Know Act';
making legislative findings; setting forth labeling requirements regarding the sale of foods
containing genetically engineered materials and foods produced with genetically engineered
materials; providing exceptions; requiring testing; providing civil penalties; providing for civil
suits by the Commissioner of Agriculture and suits by citizens; defining terms; and providing
rulemaking authority"; to the Committee on Agriculture then Finance.
By Delegates Manypenny, Guthrie and Susman:
H. B. 4625 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §19-2H-1, §19-2H-2 and 19-2H-3, all relating to
creating the 'Genetically Engineered Organism Liability Act'; making legislative findings;
creating liability for injuries arising from the release of genetically engineered organisms into
the environment; liability is nonwaivable; and defines a term"; to the Committee on
Agriculture then Finance.
By Delegates Manypenny, Guthrie, Brown, Beach and Susman:
H. B. 4626 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5,
§19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12 and §19-2H-
13, all relating to creating the 'Genetically Engineered Crop and Animal Farmer Protection
Act'; making legislative findings; setting forth information requirements regarding the sale
of genetically engineered seeds; plants and animals; identifying certain contractual provisions
to be against public policy; preventing noncompetitive practices involving technology fees;
establishing measures to be taken to avoid cross pollination of genetically engineered plants
and seeds; requiring genetically engineered seeds to be so labeled; prohibiting loan
discrimination, providing for civil and citizen suits; defining terms; and providing rulemaking
authority"; to the Committee on Agriculture then Finance.
By Delegates Manypenny and Susman:
H. B. 4627 - "A Bill to amend and reenact §62-11B-4, §62-11B-5, §62-11B-6 §62-
11B-7 and §62-11B-9 of the Code of West Virginia, 1931, as amended, all relating to
requiring an automatic home confinement sentence for nonviolent misdemeanors, except in
those cases where the state can prove the offender is unfit for home confinement; providing
that any crime with a minimum sentence greater than six months is not eligible for home
incarceration to serve as the entirety of the sentence; requiring the offender of any crime
involving alcohol, controlled substances or drugs, or committed under the influence of
alcohol, controlled substances or drugs be required to attend weekly substance abuse
meetings; further requiring either full-time employment, thirty-six hours a week or more, or twenty hours weekly of community service for each week the offender is on home
confinement; providing certain instances where home incarceration is not available; and
allowing a county commission to use moneys from the special fund to finance community
corrections programs"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny and Susman:
H. B. 4628 - "A Bill to amend and reenact §62-11C-4 and §62-11C-5 of the Code of
West Virginia, 1931, as amended, all relating to mandatory funding of community corrections
programs; mandating that the crimes of shoplifting and petit larceny be to community
corrections programs; and mandating that the crime of possession of marijuana, first offense,
may be sentenced to a community corrections program"; to the Committee on the Judiciary
then Finance.
By Delegates Kominar, White, Brown, Walters, Cann and Manchin:
H. B. 4629 - "A Bill to amend and reenact §60-1-5 and §60-1-7 of the Code of West
Virginia, 1931, as amended, all relating to wine; excluding wine from the definitions of
alcoholic liquor and intoxicating liquor; and excluding wine from the applicability of certain
provisions of chapter sixty of the code"; to the Committee on the Judiciary.
By Delegates J. Miller and Andes:
H. B. 4630 - "A Bill to amend and reenact §31-17-8 of the Code of West Virginia,
1931, as amended, relating to refunding of appraisal fees"; to the Committee on Banking and
Insurance then the Judiciary.
By Delegate Boggs:
H. B. 4631 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-7-8, relating to redemption or repayment of
PROMISE scholarship funds when a student drops or withdraws from classes; Higher
Education Policy Commission rule-making authority; and emergency situations exempted";
to the Committee on Education.
By Delegates Miley, Hunt, Brown, Frazier, Hutchins, Barker, Moore, Hamilton
and Ellem
[By Request of the Secretary of State's Office]:
H. B. 4632 - "A Bill to amend and reenact §3-1-2 of the Code of West Virginia, 1931,
as amended; to amend and reenact §3-4-18 and §3-4-19 of said code; and to amend and
reenact §3-4A-9 and §3-4A-20 of said code, all relating to elections; general provisions and
definitions; bringing older contradicting language still remaining in said code into conformity
with the provisions of §3-2-5(b)(3) said code; and to reestablish a definition for 'independent
voter' as the presently cited definition is no longer in said code
"; to the Committee on the
Judiciary.
By Delegates Eldridge, Martin, Stowers, Perdue, Butcher, Hall and Barker:
H. B. 4633 - "A Bill to amend and reenact §60A-9-5 of the Code of West Virginia,
1931, as amended, relating to permitting a medical services provider under certain
circumstances to inspect certain confidential information concerning controlled substances
that is required to be kept by the State Board of Pharmacy"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegates Campbell, White and Boggs:
H. B. 4634 - "A Bill to amend and reenact §19-25-5 of the Code of West Virginia, 1931, as amended, relating to defining 'spelunking' as a recreational purpose and activity for
which a landowner's liability for injury is limited"; to the Committee on Natural Resources
then the Judiciary.
By Delegates Fleischauer, Shook, Marshall and Martin:
H. B. 4635 - "A Bill to amend and reenact §29-3-5 of the Code of West Virginia,
1931, as amended, relating to the Fire Prevention and Control Act; providing that all fire
alarm systems, including all components, shall be electronically supervised; and providing an
exception for existing lodging and rooming houses as defined by the State Fire Code"; to the
Committee on the Judiciary.
By Delegates Marshall, Swartzmiller, Poore, Stowers and Eldridge:
H. B. 4636 - "A Bill to amend and reenact §31-14-2 of the Code of West Virginia,
1931, as amended, relating to the process of incorporation, and clarifying the requirements
of that process"; to the Committee on the Judiciary.
By Delegates Fleischauer, Shook, Marshall, Beach, Moye, Perry, Doyle,
Hartman, Cowles and Susman:
H. B. 4637 - "A Bill to amend and reenact §5A-3B-1 of the Code of West Virginia,
1931, as amended; to amend and reenact §18-5-9a, all relating to allowing county school
boards to enter into energy-saving contracts and allow them to extend fifteen years"; to the
Committee on Education then the Judiciary.
By Delegates Fleischauer, Talbott, Fragale, Wells and Lawrence:
H. B. 4638 - "A Bill to amend and reenact §22-5-15 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new article, designated §22-5A-1, §22-5A-2 and §22-5A-3, all relating to air pollution control; strengthening of vehicle emission
standards; and creating the 'Low Emission Vehicle Act'"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Fleischauer, Guthrie, Moore, Brown and Hatfield:
H. B. 4639 - "A Bill to amend and reenact §21A-6-3 of the Code of West Virginia,
1931, as amended, relating to unemployment compensation generally and providing for the
payment of unemployment compensation when a person misses work due to domestic
violence"; to the Committee on the Judiciary.
By Delegates Perdue and Hatfield:
H. B. 4640 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-1E-6, relating to the Healthy West Virginia
Program; initiating the Healthy Lifestyles Restaurant Calorie Posting Program; and providing
for legislative rule-making authority"; to the Committee on Health and Human Resources then
Government Organization.
By Delegates Manypenny, Perdue, Hatfield and Kominar:
H. B. 4641 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-5-21; and amending and reenacting §9-9-3 of said
code, all relating to permitting the state to opt out of a federal statute that would otherwise not
allow a state resident who has been convicted of a felony involving a controlled substance
from receiving certain benefits provided by the Social Security Act and the Food Stamp Act";
to the Committee on the Judiciary then Finance.
By Delegates Talbott, Brown, Caputo, Eldridge, Guthrie, Hunt, Longstreth, Martin, Romine and Rowan:
H. B. 4642 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §3-1D-1, relating to the agreement among states to
elect the president by national popular vote"; to the Committee on the Judiciary.
By Delegate Miley:
H. B. 4643 - "A Bill to amend and reenact §17A-3-23 of the Code of West Virginia,
1931, as amended, relating to authorizing the Commissioner of the Division of Motor
Vehicles to issue a limited number of Class A licenses to county prosecutors for vehicles to
be used by investigators in the county prosecutor's offices for undercover purposes"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegate Carmichael:
H. B. 4644 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-2-6b, relating to providing a $5000 salary
increase to social workers employed by the Department of Health and Human Resources"; to
the Committee on Government Organization then Finance.
By Delegates Paxton and Stephens:
H. B. 4645 - "A Bill to repeal §21-3A-10, §21-3A-11, §21-3A-12, §21-3A-18 and
§21-3A-19 of the Code of West Virginia, 1931 as amended; to amend and reenact §5B-1-2
of said code; and to amend and reenact §21-3A-2, §21-3A-5, §21-3A-6, §21-3A-7 and §21-
3A-8 of said code, all relating to the West Virginia Occupational Safety and Health Act;
repealing the West Virginia OSHA Commission; transferring the rule-making authority and
duties of the commission to the Commissioner of Labor; adding definitions; clarifying employer and employee duties; requiring the promulgation of legislative rules by date certain;
requiring education programs; authorizing emergency rules by date certain; requiring
reporting; adopting federal standards by a date certain; authorizing inspections; requiring
inspection reports; specifying penalty for noncompliance; and providing appeals"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then
the Judiciary.
By Delegates Manchin, Frazier, Moore, Brown, Caputo, Wooton, Ferro and
Wells:
H. B. 4646 - "A Bill to amend and reenact §31D-1-150 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto two new sections, designated §31D-
7-740 and §31D-7-741; to amend said code by adding thereto a new section, designated
§31D-8-834; and to amend said code by adding thereto a new section, designated §31D-16-
1621; all relating to corporate political accountability; definitions; requiring annual
authorization and approval by a majority of shareholders for corporations spending an
aggregate of $10,000 or more for political activities; providing for director liability for
spending without proper authorization; and disclosure of corporate political activities to
shareholders, Secretary of State and the public"; to the Committee on the Judiciary.
By Delegates Manchin, Frazier, Moore, Miley, Brown, Caputo, Wooton, Ferro
and Wells:
H. B. 4647 - "A Bill to repeal §3-9-14 of the Code of West Virginia 1931, as
amended; and to amend and reenact §3-8-1a, §3-8-2, §3-8-8 and §3-8-12 of said code, all
relating to the regulation and control of elections; amending the definition of 'express advocacy' and 'targeted to the relevant electorate'; amending reporting requirements for
independent expenditures; and repealing the ban on corporate independent expenditures"; to
the Committee on the Judiciary.
By Delegate McGeehan:
H. B. 4648 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §24-1-11, relating to providing guidelines for an
independent audit of the Public Service Commission"; to the Committee on Government
Organization then the Judiciary.
By Delegate Perdue
[By Request of the Insurance Commission]:
H. B. 4649 - "A Bill to amend and reenact §33-15B-1, §33-15B-2, §33-15B-3,
§33-15B-4, §33-15B-5 and §33-15B-6 of the Code of West Virginia, 1931, as amended, all
relating to health care forms and data; explaining legislative purposes; defining scope of
article; transferring certain duties regarding uniform forms from the Health Care Authority
to the Insurance Commissioner; defining 'health insurer'; authorizing the Insurance
Commissioner to develop an all-payer database; authorizing Insurance Commissioner to
propose emergency rules; mandating collaboration between the Insurance Commissioner and
Secretary of Health and Human Resources to manage health care data; prescribing penalties;
and renaming the article"; to the Committee on Health and Human Resources then
Government Organization.
By Delegates C. Miller, Sobonya, Sumner, Shott, Rowan, Duke, Phillips, Crosier,
Shaver, Perry and Stowers:
H. B. 4650 - "A Bill to amend and reenact §18-9D-2 of the Code of West Virginia,
1931, as amended, relating to allowing the school building authority to designate money for
the building of playgrounds"; to the Committee on Education then Finance.
By Delegates Manypenny, Fleischauer, Hamilton, Hunt, Beach and Martin:
H. B. 4651 - "A Bill to amend and reenact §11A-3-19 and §11A-3-21 of the Code of
West Virginia, 1931, as amended; to amend said code by adding thereto a new section,
designated §11A-3-23a; to amend and reenact §11A-3-52 and §11A-3-54 of said code; and
to amend said code by adding thereto a new section, designated §11A-3-58a, all relating to
permitting surface owners to purchase the mineral interests that lay below the property when
the mineral interest becomes subject to a tax lien; establishing the purchase price to be twice
the amount owed by the mineral interest owner; setting forth the procedure for clerks and
deputy commissioners; establishing a nonrefundable $20 administrative fee to be paid by
surface owners; providing a procedure if more than one surface owner desires to purchase the
delinquent mineral interest; and modifying notices to redeem that are sent to property owners
identifying the additional rights available to surface owners"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate M. Poling:
H. B. 4652 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-5-45a, relating to establishing a school calendar
committee for each county; specifying membership and method of selecting members;
minimum meetings; proposals of school calendar options for vote of employees; requirements
of proposals; preparation and distribution of ballots and tabulation of results; process for new options if school calendar voted by employees is rejected by county or state board; waivers
and modifications"; to the Committee on Education.
By Delegates Ferro and Klempa:
H. B. 4653 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-2-7d, relating to education; and requiring
elementary students to have access to a certified library media specialist, art specialist, music
specialist and physical education specialist at least twice a week"; to the Committee on
Education then Finance.
By Delegates Brown, Guthrie, Hatfield, Hunt, Poore, Skaff, Spencer, Wells,
Armstead, Lane and Walters:
H. B. 4654 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22-5-20, relating to limiting storage of methyl
isocyanate"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perry, Perdue, Staggers, Fragale, Williams, Shaver and Stephens:
H. B. 4655 - "A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and
§18A-2-8a of the Code of West Virginia, 1931, as amended, all relating to school personnel;
contracts; and changing dates relating to when notices of termination of an employment
contract of school personnel, notices of transfer of school personnel and notices to
probationary personnel of rehiring or nonrehiring are to be given"; to the Committee on
Education.
By Delegates Kominar, Varner, White and Caputo:
H. B. 4656 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-6-2a; to amend and reenact §8-13-22a of said
code; to amend and reenact §12-1-4 of said code; and to amend and reenact §18-9-6 of said
code, all relating to enabling counties, municipalities, the state and county boards of education
to deposit public funds into deposit accounts that are swept periodically into multiple federally
insured deposit accounts through a deposit placement program without providing a bond"; to
the Committee on Finance.
By Delegates Perry, Shook and Ashley
[By Request of the Insurance Commission]:
H. B. 4657 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-2-21a, relating to workers' compensation
programs of state agencies; defining state agency; designating Insurance Commissioner to
manage workers' compensation risks of state agencies; authorizing commissioner to assess
fees; creating fund in State Treasury; authorizing investment with the Investment Management
Board; and authorizing Insurance Commissioner to propose rules, including emergency rules";
to the Committee on the Judiciary then Finance.
By Delegates Moore, Fleischauer, Perry, Shaver, Perdue, Guthrie, Hatfield and
Campbell:
H. B. 4658 - "A Bill to amend and reenact §9-4A-2a of the Code of West Virginia,
1931, as amended, relating to capping the Medical Services Trust Fund and redirecting excess
funding to critical health care programs"; to the Committee on Health and Human Resources
then Finance.
By Delegates Miley, Caputo, Fragale, Iaquinta, Longstreth and Marshall:
H. B. 4659 - "A Bill to amend and reenact §44-10-4 of the Code of West Virginia,
1931, as amended; and to amend and reenact §48-9-205, §48-9-206 and §48-9-402 of said
code, all relating to the designation of a primary guardian for a minor child; modifying the
minor's right to nominate a guardian; increasing the age of nomination from fourteen to
sixteen; providing for the consideration of minor's preference in parenting plan; expanding
the period of consideration regarding the parents' comparative caretaking and other parenting
responsibilities"; to the Committee on the Judiciary.
By Delegate Ennis:
H. B. 4660 - "A Bill to amend and reenact §23-4-6 of the Code of West Virginia,
1931, as amended, relating to setting forth disability benefits for employees that receive a
foreseeable injury in an inherently dangerous function required by their employer but outside
scope of employment"; to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.
By Delegates Schoen, Porter, Miley and Armstead:
H. B. 4661 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-3A-8, relating to registration of state-owned or
leased cellular phones and mobile communication devices with the national Wireless Amber
Alert Initiative"; to the Committee on the Judiciary.
By Delegate Moye:
H. B. 4662 - "A Bill to amend and reenact §30-29-6 of the Code of West Virginia,
1931, as amended, relating to permitting a retired law-enforcement officer to be employed by
a county board of education as a resource prevention officer in public schools"; to the Committee on Education.
By Delegates Spencer, Anderson, Duke, Pethtel, Williams, Givens, Ross and
Canterbury:
H. B. 4663 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-13A-3f, relating to imposing a severance tax on
the generation of wind power into a renewable energy resource; establishing the rate of tax;
creating the 'Clean Coal Technology Research Fund'; dedicating the tax proceeds to be
expended on clean coal technology research; and authorizing the Division of Natural
Resources, with oversight from the West Virginia clean coal technology council, to expend
these proceeds with legislative approval"; to the Committee on Pensions and Retirement then
Finance.
By Delegate Shook:
H. B. 4664 - "A Bill to amend and reenact §46A-6-102 and §46A-6-106 of the Code
of West Virginia, 1931, as amended, all relating to required mediation in consumer protection
matters; defining terms; tolling of the statute of limitations during mediation and providing
time frames for commencement of mediation"; to the Committee on the Judiciary.
By Delegate Kominar:
H. B. 4665 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §24-2-1j, relating to special rates for energy intensive
industrial consumers of electric power; setting forth legislative findings on energy intensive
industrial consumers of electric power; defining certain terms; enabling the Public Service
Commission to establish special rates for energy intensive industrial consumers of electric power; setting forth factors that the Public Service Commission may take into consideration
in establishing special rates for energy intensive industrial consumers of electric power, in
addition to factors that may already be considered by the Public Service Commission in its
rate setting process; and authorizing the Public Service Commission to adopt mechanisms
reasonably designed to assure appropriate flexibility and predictability of special rates;
establishing procedures for application to the Public Service Commission for a special rate;
setting forth data and information to be included in an application for a special rate; and
establishing qualifications for eligibility for a special rate"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then Finance.
Special Calendar
Unfinished Business
S. C. R. 7, Requesting DOH name bridge in Woodville, Lincoln County, "Private
First Class Karol Clay 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.
The following resolutions, coming up in regular order, as unfinished business, were
each reported by the Clerk and adopted:
H. C. R. 20, The "PFC Ezra Craft Memorial Bridge",
H. C. R. 23, The "SFC Terrance N. Gentry Memorial Bridge",
H. C. R. 24, The "PFC Franklin L. Conn Memorial Bridge",
H. C. R. 25, The "PFC Clarence Ellis Memorial Bridge",
H. C. R. 27, The "Sergeant Shirley W. O'Boyle Memorial Bridge",
And,
H. C. R. 32, The "LCPL Dale A. Griffin Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates and request concurrence therein.
Third Reading
S. B. 391, Relating to county board of education members' eligibility; 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.
60), 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: Anderson, Argento, Cann and Hutchins.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 391) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 61), 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: Anderson, Argento, Cann and Hutchins.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 391) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the
House of Delegates.
H. B. 4245, Relating to county board of education, eligibility of members and training
requirements; on third reading, coming up in regular order, was, on motion of Delegate
Boggs, laid upon the table.
Com. Sub. for H. B. 4187, Continuing the current hazardous waste management fee
until 2015; 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.
62), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and
not voting being as follows:
Nays: Cowles and Louisos.
Absent And Not Voting: Anderson, Argento, Cann and Hutchins.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 4187) passed.
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. 4145, Providing services and facilities to assist student veterans
at state institutions of higher education,
And,
Com. Sub. for H. B. 4299, Providing that nonstate retired employees who have
worked for their last nonstate employer for less than five years are responsible for their entire premium cost.
First Reading
The following bills on first reading, coming up in regular order, were each read a first
time and ordered to second reading:
H. B. 3110, Renaming conservation officers to be natural resources police officers,
Com. Sub. for H. B. 4035, Relating to electronic filing of tax returns and electronic
funds transfers in payment of taxes,
H. B. 4036, Establishing the Judicial Vacancy Advisory Commission,
H. B. 4037, Relating generally to federal subsidy bonds and bond financing,
Com. Sub. for H. B. 4108, Authorizing miscellaneous agencies and boards to
promulgate legislative rules,
Com. Sub. for H. B. 4110, Authorizing the Department of Commerce to promulgate
legislative rules,
Com. Sub. for H. B. 4172, Authorizing the Division of Motor Vehicles to issue
special license plates for members of certain organizations upon approval of the
commissioner,
Com. Sub. for H. B. 4188, Anti-Criminal Street Gang Act,
Com. Sub. for H. B. 4292, Relating to requirements to serve as a magistrate,
H. B. 4312, Relating to the Tax Procedure and Administration Act,
H. B. 4327, Relating to the practice of beauty care,
Com. Sub. for H. B. 4335, Relating to the business registration tax,
Com. Sub. for H. B. 4352, Authorizing the West Virginia Supreme Court of Appeals
to create a Business Court Division within certain circuit court districts,
Com. Sub. for H. B. 4457, Relating to the access to and protection of cemeteries,
And,
H. B. 4593, Relating to high school graduation improvement.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for
the day were granted Delegates Anderson, Argento, Cann and Hutchins.
Miscellaneous Business
Delegate Wooton asked and obtained unanimous consent that the remarks of Delegate
Moye regarding medicaid waivers be printed in the Appendix to the Journal.
Delegate Carmichael asked and obtained unanimous consent that the remarks of
Delegate Duke regarding stewardship be printed in the Appendix to the Journal.
Delegate Carmichael asked and obtained unanimous consent that the remarks on today
of Delegate Lane concerning
H. J. R. 8, Homestead Exemption Increase Amendment, be
printed in the Appendix to the Journal.
Delegate Armstead also addressed the House concerning
H. J. R. 5, The Marriage
Protection Amendment, and at the conclusion of his remarks, Delegate Carmichael asked and
obtained unanimous consent that they be printed in the Appendix to the Journal.
At 12:15 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February
23, 2010.