hdj2011-02-09-29
__________*__________
Wednesday, February 9, 2011
TWENTY-NINTH 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 8, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
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. 2935,
Repealing an outdated article of election code relating to voting systems,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2922, Establishing the felony offense of causing serious bodily injury to another person
by a person who is driving under the influence of alcohol, controlled substances or other drugs,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2922 - "A Bill to amend and reenact §17C-5-2 of the Code of West
Virginia, 1931, as amended, relating to establishing the felony offense of causing serious bodily
injury to another person by a person who is driving under the influence of alcohol, controlled
substances or other drugs, or any combination thereof, or driving while having an alcoholic
concentration in his or her blood of two hundredths of one percent or more, by weight, at a time
when his or her privilege to drive has been lawfully suspended or revoked for driving under the
influence of alcohol, controlled substances or other drugs, or any combination thereof, or for refusing
to take a secondary chemical test of blood alcohol content, or at a time when he or she is
participating in the Motor Vehicle Alcohol Test And Lock Program; and providing criminal
penalties,"
And reports the same back with the recommendation that the committee substitute do pass,
and with the recommendation that second reference of the bill to the Committee on Finance be
dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2922) to the Committee
on Finance was abrogated.
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. 2499, Establishing an Equal Employment Opportunity Office within the Office of the
Governor,
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. 2499) 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. 2628, Labor, crane operator certification act - practical examination,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2628 ) 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. 2627, Labor, crane operator certification act,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2627) was referred to
the Committee on the Judiciary.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2990, Changing the renewal of Racing Commission-issued occupational permits,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2989, Creating a process by which the West Virginia Racing Commission may grant
stay requests,
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended.
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. 2248, Allowing employees of the Department of Veterans Affairs and special agents
within the Office of Inspector General to carry firearms while performing their duties,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2248 - "A Bill to amend and reenact §15-10-5 of the Code of West
Virginia, 1931, as amended, relating to the extension of state law enforcement authority to federal law enforcement officers under certain circumstances; extending state law enforcement authority to
police and investigators with the Department of Veterans Affairs under appropriate circumstances;
extending state law enforcement authority to special investigators with the Office of Inspector
General under appropriate circumstances; and extending state law enforcement authority to federal
air marshals under appropriate circumstances,"
H. B. 2346, Prohibiting a person from possessing firearms after an emergency protective
order has been issued,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2346 - "A Bill to amend and reenact §48-27-209 of the Code of West
Virginia, 1931, as amended, and to amend and reenact §61-7-7 of said code, all relating to domestic
violence protective orders; redefining the term 'protective order'; and clarifying when the
enforcement of firearms possession prohibition can occur after a domestic violence protective order
is issued,"
And,
H. B. 2347, Extending the maximum length of protective orders in domestic violence,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2347 - "A Bill to amend and reenact §48-27-505 of the Code of West
Virginia, 1931, as amended, relating to increasing the effective period for domestic violence
protective orders; increasing the effective period for domestic violence protective orders in cases not
involving aggravating factors from 90 days or 6 months to 6 months or 1 year; and increasing the
effective period for a domestic violence protective order in cases where aggravating factors are
proven from one year to two years,"
With the recommendation that the committee substitutes each do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2513, Relating to the practice of pharmacy,
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. 2513) 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. 2695, Relating to the educational broadcasting authority,
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (H. B. 2695) to the Committee on the
Judiciary 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. 255, Making supplementary appropriation of unappropriated moneys to various accounts,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2161, Creating the Herbert Henderson Office of Minority Affairs,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2161 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the
Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office;
providing for an executive director, staff and office; requiring annual reports to the Governor and
the Joint Committee on Government and Finance; and creating a Minority Affairs Fund,"
With the recommendation that the committee substitute do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 78 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3, all relating to tanning
facilities use by minors; defining terms; requiring consent for minors aged fourteen to seventeen to
use tanning devices within tanning facilities; requiring parental accompaniment for minors under age
fourteen to use tanning devices within tanning facilities; and specifying warning language and consent form language"; which was referred to the Committee on Health and Human Resources then
the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 186 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §62-1G-1 and §62-1G-2, all relating to issuing a
subpoena in aid of criminal investigations involving certain crimes against minors; providing
legislative declaration of necessity; providing definitions; authorizing issuance of a subpoena upon
reasonable suspicion that an electronic communications system or service or remote computing
service has been used in the commission of a criminal offense of a sexual nature against a minor
upon written application therefor by the West Virginia State Police Crimes Against Children Unit;
providing definitions; requiring that certain information be provided in the subpoena; providing what
information is to be disclosed in response to a subpoena; authorizing a fee for information provided
in response to subpoena; providing for nondisclosure of subpoena or response to subpoena to
account holder; and limiting liability of electronic communication systems or services, remote
computing service providers, electronic service providers and telecommunications carriers"; which
was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 195 - "A Bill to amend and reenact §50-1-4 of the Code of West Virginia, 1931, as amended, relating to requirements to serve as a magistrate; requiring a bachelor's
degree or associate's degree; providing exceptions to educational requirements; providing internal
operative date; clarifying training requirements; and deleting antiquated provisions"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, to take effect from passage, of
Com. Sub. for S. B. 200, Correcting names of state institutions of higher education.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 13 - "Requesting the Division of Highways name State Route 3, located between
the communities of Yawkey, Lincoln County, and Julian, Boone County, the 'LCPL Rodney A.
Breedlove Memorial Highway KIA Vietnam 1967'."
Whereas, LCPL Rodney A. Breedlove was born October 9, 1947, and made Alkol, Lincoln
County, his home; and
Whereas, LCPL Rodney A. Breedlove's immediate family consisting of his mother, Bertha
G. Vickers Breedlove, his sister Pat Holley, and his sister Cindy Saul, continue to make Alkol,
Lincoln County, West Virginia, their home along with his brother Joey Breedlove of Alum Creek,
Lincoln County, West Virginia; and
Whereas, LCPL Rodney A. Breedlove, at the age of 17, left Duval High School and volunteered to serve in the United States Marine Corps during the most dangerous time of the
Vietnam War, as did his father, B. Mansfield Breedlove, who also served in the military during
World War II; and
Whereas, LCPL Rodney A. Breedlove continued his education in the Marine Corps, earning
enough credits to graduate with his classmates at Duval High School in May 1965; and
Whereas, Sadly, LCPL Rodney A. Breedlove was killed in action on April 21, 1967, during
combat operations against an armed enemy while serving with Company F, 2
nd Battalion, 1
st Marine
Regiment, 1
st Marine Division in the Que Son Valley near Da Nang in the Republic of Vietnam; and
Whereas, LCPL Rodney A. Breedlove was posthumously awarded the Purple Heart, along
with a host of other awards: Combat Action Ribbon, National Defense Service Medal, Vietnam
Service Medal, Expert Markmanship Award, Republic of Vietnam Campaign Medal, Republic of
Vietnam Merit Medal, Republic of Vietnam Gallantry Cross with Palm; and
Whereas, It is fitting and proper, that LCPL Rodney A. Breedlove be remembered and
acknowledged for his courageous action and ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name State Route 3, located between the communities of
Yawkey, Lincoln County, and Julian, Boone County, the "LCPL Rodney A. Breedlove Memorial
Highway KIA Vietnam 1967"; 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 "LCPL Rodney A. Breedlove Memorial Highway KIA
Vietnam 1967; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of LCPL Rodney A.
Breedlove.
Resolutions Introduced
Delegates Manypenny, Doyle, Talbott, Longstreth, Mahan, Staggers, Moore, Lawrence, M.
Poling, Poore, Guthrie, Brown, Hatfield, Shaver, Smith, Walker, Wells, Hamilton, Fleischauer and
Moye offered the following resolution, which was read by its title and referred to the Committee on
Rules:
H. C. R. 58 - "Requesting the West Virginia Public Service Commission to halt
consideration of the PATH transmission project until full consideration is given to Dominion
Virginia Power's Alternative One."
Whereas, Dominion Virginia Power has proposed to PJM Interconnection, West Virginia's
regional transmission organization, an alternative to the PATH transmission project to rebuild two
existing high voltage transmission lines and the TRAIL line's in-service date of June 2011 which
would make a new PATH transmission line unnecessary to maintain the capacity and safety of West
Virginia's electrical transmission system; and
Whereas, Dominion's proposed alternative to PATH would require no new West Virginia
landowners to give up their land for the proposed rebuild project; and
Whereas, Dominion estimates that its proposed alternative to PATH would cost West
Virginia consumers less than one-third the cost of the proposed PATH line; and
Whereas, Dominion's proposal for this Mount Storm to Dobbs line will result in an increase
in the thermal capacity of the two rebuilt transmission lines by sixty-five percent, eliminating almost
all of the problems that PJM Interconnection has identified in our region; and
Whereas, The West Virginia Public Service Commission and PJM Interconnection have
already approved approximately one half of Dominion's proposed alternative to PATH; and
Whereas, The remaining transmission line to be rebuilt under the Dominion alternative lies
entirely within the State of West Virginia and Allegheny Energy's subsidiary Monongahela Power
which owns that transmission line is entirely within the jurisdiction of the West Virginia Public
Service Commission; and
Whereas, This Legislature has required that the West Virginia Public Service Commission
act in the best interests of West Virginia electrical customers and citizens concerning high voltage
transmission line projects; therefore, be it
Resolved by the Legislature of West Virginia:
We strongly urge the West Virginia Public Service Commission to halt all consideration of
the PATH application currently before it, and move rapidly to approve the reconstruction/rebuilding
of Monongahela Power's Pruntytown to Mt. Storm 500kV transmission line, completing the majority
of the Dominion alternative to PATH which is in the best interests of West Virginia electrical
customers and citizens; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioners of the West Virginia Public Service Commission.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Hunt, Poore and Skaff:
H. J. R. 36 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section five, article eight thereof, relating to eliminating individual terms of circuit courts; numbering and designating such proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the
Judiciary.
Delegates Boggs, Barill, T. Campbell, Hatfield, Lawrence, J. Miller, Moye, Perdue, L.
Phillips and Border offered the following resolution, which was read by the Clerk as follows:
H. R. 20 - "Designating February 9, 2011, a 'Disability Advocacy Day'."
Whereas, There are more than 400,000 West Virginians with disabilities; and
Whereas, People with disabilities have the right to equal opportunity to live full productive
lives in the community of their choice; and
Whereas, People with disabilities have the right to receive supports they need to exercise
self-determination, achieve independence, contribute to their communities, and become productive
employees in the workplace; and
Whereas, Organizations representing the rights and issues that affect people with disabilities
and West Virginia's citizens with disabilities, family members and other advocates have banded
together in a collective group, called the "Fair Shake Network ", to help bring their concerns to the
forefront of public awareness; and
Whereas, The purpose of Disability Advocacy Day is to increase the awareness of
legislators, administrators, policymakers and the public of the public policy issues that are important
to people with disabilities; therefore, be it
Resolved by the West Virginia House of Delegates:
That February 9, 2011, is hereby declared "Disability Advocacy Day" in West Virginia; and,
be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the
appropriate representatives of the Fair Shake Network.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 20) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Morgan, D. Poling, Swartzmiller, Manypenny and Stephens
[By Request of the Secretary of State's Office]:
H. B. 3066 - "A Bill to repeal §3-4A-13a of the Code of West Virginia, 1931, as amended;
and to amend and reenact §3-4A-2, §3-4A-3, §3-4A-4, §3-4A-6, §3-4A-9, §3-4A-9a, §3-4A-9b, §3-
4A-10, §3-4A-10a, §3-4A-13, §3-4A-17, §3-4A-19, §3-4A-20 and §3-4A-27, all relating generally
to the use of electronic voting systems; setting forth the requirements of electronic voting systems;
providing that if five percent of the registered voters in a county sign a petition not to use electronic
voting for that county, the issue will be put on the ballot in that county; providing that if an electronic
voting system is terminated, the one replacing it must comply with the federal Help America Vote
Act of 2002; deleting the requirement that the purchase or lease of vote recording devices must be
paid in cash; and deleting outmoded terms and voting systems no longer being used"; to the
Committee on the Judiciary.
By Delegates Fleischauer, Lawrence, Poore, Brown, Mahan, Guthrie, Miley, Hunt, T.
Campbell, Reynolds and Morgan:
H. B. 3067 - "A Bill to amend and reenact §59-1-4, §59-1-11 and §59-1-13 of the Code of
West Virginia, 1931, as amended, all relating to fees collected for docketing of civil appeals to be
used to enhance funding for civil legal services for the poor"; to the Committee on the Judiciary then
Finance.
By Delegates Perry, M. Poling, Pino, Boggs, Fragale, Skaff, Guthrie, Hatfield, Sigler,
Staggers and Walker:
H. B. 3068 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3 and §18B-1E-4, all relating to
West Virginia University Institute of Technology, West Virginia University, the Higher Education
Policy Commission, defining certain terms; establishing a revitalization project and plan; stating
legislative findings, purpose and intent; and requiring certain reports"; to the Committee on
Education then Finance.
By Delegates Williams and Perry:
H. B. 3069 - "A Bill to amend and reenact §18-9A-8a of the Code of West Virginia, 1931,
as amended, relating to returning funding levels of regional educational service agencies to original
levels"; to the Committee on Education then Finance.
By Delegates Morgan, D. Poling, Swartzmiller, Manypenny and Stephens:
H. B. 3070 - "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; providing that the State Register and
supplements thereto will be available only in electronic format; and providing that the fees collected
for the sale of certain records will be deposited in equal amounts into the General Revenue Fund and
the service fees and collections account"; to the Committee on Government Organization then Finance.
By Delegates Hunt, Varner, Givens, Perdue and Kominar:
H. B. 3071 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-3-33, relating to liquefied petroleum gas-consuming
equipment and appliances and the business of selling at retail, supplying, handling or transporting
certain types of liquefied petroleum gas; requiring certification of correctness as to design,
construction and performance of domestic and commercial liquefied petroleum gas-consuming
equipment and appliances; requiring installation of liquefied petroleum gas-consuming appliances,
equipment or other components of a liquefied petroleum gas delivery system in accordance with the
instructions of the manufacturer of the appliance, equipment or component; prohibiting the
alteration, modification, maintenance or repair of liquefied petroleum gas-consuming appliances,
equipment or other components of a liquefied petroleum gas delivery system unless done in
accordance with the instructions of the manufacturer; providing protections from liability for persons
engaged in the business of selling at retail, supplying, handling or transporting liquefied petroleum
gas, for acts in which they did not participate; and using existing criminal penalty provisions for
violations"; to the Committee on Energy, Industry and Labor, Economic Development and Small
Business then the Judiciary.
By Delegates Frazier, Shaver, Williams, Talbott and Barill:
H. B. 3072 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-2-46g, relating to creating a hunting permit to safely
accommodate visually impaired hunters; setting forth the permit's requirements; requiring that the
permittee and his or her assistant must also hold the underlying hunting licenses or otherwise be exempt; and authorizes rulemaking"; to the Committee on Natural Resources then the Judiciary.
By Delegates Perry, Hall, Hartman, Morgan, R. Phillips and Skaff:
H. B. 3073 - "A Bill to amend and reenact §5-11-9 of the Code of West Virginia, 1931, as
amended, relating to the West Virginia Human Rights Act and clarifying that its purpose is to
provide all citizens equal opportunity for employment, equal access to places of public
accommodations, and equal opportunity in the sale, purchase, lease, rental and financing of housing
accommodations or real property"; to the Committee on the Judiciary.
By Delegates Manchin, Barill, Fleischauer, Marshall, Pasdon, Caputo, Wells, Williams,
D. Campbell, Lawrence and Cowles:
H. B. 3074 - "A Bill to amend and reenact §24A-2-5 of the Code of West Virginia, 1931,
as amended, relating to requiring the Public Service Commission to issue a certificate of convenience
and necessity for taxi cab service to two separately owned business entities, that service a territory
consisting of a Class II municipality and land grant university enrolling at least twenty thousand
students"; to the Committee on Government Organization then the Judiciary.
By Delegates Perdue, Hatfield, Border, Reynolds and Morgan:
H. B. 3075 - "A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as
amended, relating to increasing the time period in the hold-harmless provision, when distributing
state aid to local health departments and basic public health services funds, from three years to four
years"; to the Committee on Health and Human Resources then Finance.
By Delegates Miley, Ferro and Longstreth:
H. B. 3076 - "A Bill to amend and reenact §61-7A-2 and §61-7A-5 of the Code of West
Virginia, 1931, as amended, all relating to the procedure for petitioning to regain the right to possess firearms to comply with the minimum criteria to establish qualifying mental health relief from
firearms disabilities under the NICS Improvement Act of 2007 generally"; to the Committee on the
Judiciary.
By Delegates Perry, Williams, Shaver, Stowers and Paxton:
H. B. 3077 - "A Bill to amend and reenact §18-5-4 of the Code of West Virginia, 1931, as
amended, relating to the compensation of members of county boards of education"; to the Committee
on Education then Finance.
By Delegate Williams:
H. B. 3078 - "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 80-20 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 Finance.
By Delegates Hall, Ellington, Carmichael, Craig, Rodighiero, R. Phillips, Pasdon,
Nelson, J. Miller, Storch and Savilla:
H. B. 3079 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §4-1-24; and to amend said code by adding thereto a new section,
designated §9-3-6, all relating to implementing random drug testing for recipients of temporary
assistance for needy families cash benefits and for legislators of the State of West Virginia"; to the
Committee on the Judiciary then Finance.
By Delegate Hunt:
H. B. 3080 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated as §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C-5,
§19-20C-6, §19-20C-7, §19-20C-8, §19-20C-9 and §19-20C-10, all relating to creating the
Dangerous Dog Act, defining dangerous dogs, determining potentially dangerous dogs, providing
county dog wardens with enforcement authority, setting forth the consequences of dangerous dog
and potentially dangerous dog determinations, registering and handling requirements, setting forth
the responsibilities of owners, providing exceptions, establishing criminal penalties and permitting
county commissions to establish civil penalties and additional fees"; to the Committee on
Agriculture then the Judiciary.
By Delegate Savilla:
H. B. 3081 - "A Bill to amend and reenact §18A-5-1 of the Code of West Virginia, 1931,
as amended, relating to permitting the use of reasonable corporal punishment by a teacher or
administrator"; to the Committee on Education then the Judiciary.
By Delegate Moore:
H. B. 3082 - "A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §61-12-9 of said code, all relating to
professions and occupations; board of funeral service examiners; definitions; specifically including
the surviving spouse and a designated individual previously chosen by the deceased as a person who
may designate the manner of disposition of a deceased person's body; crimes and their punishment;
postmortem examinations; permits required for cremation; criminal penalties; and establishing an
order of precedence among persons as to disposition of remains"; to the Committee on the Judiciary.
By Delegates Fragale, Miley, Iaquinta and Smith:
H. B. 3083 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-11-12, relating to including on the state personal income tax
return a checkoff option to donate some or all of any tax refund to the Jackson's Mill 4-H Camp
Checkoff Program"; to the Committee on Natural Resources then Finance.
By Delegates Varner, Hunt, Moye, Hall, Kominar, Cann, White, Perry, Shaver, Skaff
and Hamilton:
H. B. 3084 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as
amended, relating to concealed weapon permits; and substituting the term firearm for handgun"; to
the Committee on the Judiciary.
By Delegates Hunt, Varner, Ferro, Hamilton, Cann, Barill, Moye, Skaff, Perdue and
Miley:
H. B. 3085 - "A Bill to amend and reenact §30-3-14 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §30-14-11 of said code, all relating to professional discipline
of physicians, podiatrists and osteopathic physicians and surgeons generally; and including oral or
written inquiry of a patient about possession, ownership or storage of firearms as a reason for
invoking disciplinary proceedings"; to the Committee on the Judiciary.
By Delegates Fleischauer, Marshall, Barker, Kominar, White, T. Campbell, Fragale,
L. Phillips, Guthrie, Carmichael and Lane:
H. B. 3086 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5 and §5B-
2H-6, all relating to creating the Good Jobs Internet Reporting Act; authorizing state departments
and agencies to provide developmental assistance to qualified recipients; defining developmental
assistance to include tax credits, tax exemptions, grants and loans; setting forth the requirements for applications for developmental assistance; setting forth the requirements of developmental assistance
agreements; setting forth the requirements for annual progress reports by recipients of developmental
assistance; requiring all state departments and agencies to annually submit copies of all
developmental assistance agreements to the Department of Revenue; requiring the Department of
Revenue to submit an annual unified economic development budget to the Legislature; setting forth
what that budget must contain; and defining additional terms"; to the Committee on Government
Organization then Finance.
House Calendar
Third Reading
Com. Sub. for H. B. 2368, Relating to the practice of beauty care; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 62),
and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Ashley, Storch and Walters.
Absent and Not Voting: C. Miller and Savilla.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2368) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 63), and there were--yeas 97, nays
1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Howell.
Absent and Not Voting: C. Miller and Savilla.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2368) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2663, Relating to public service commissioners presiding at hearings;
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. 64),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: C. Miller and Savilla.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2663) 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. 2708, Removing a twelve-month limitation for certain agreements between or among
law-enforcement agencies; 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. 65),
and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Gearheart and Walters.
Absent and Not Voting: C. Miller and Savilla.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2708) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2757, Providing for evaluation of professional personnel in the public
schools; on third reading, coming up in regular order, with an amendment pending, was reported by
the Clerk.
Delegates Carmichael, Armstead, Andes and Lane moved to amend the bill on pages
seventeen and eighteen, lines sixty-three through sixty-eight, after the word "be", by striking out the
words "informally evaluated by the principal or assistant principal. The principal or assistant
principal shall record the names of the teachers informally evaluated by him or her whose
performance he or she determines to be satisfactory and for whom no further evaluative measures
are required" and a period, and inserting in lieu thereof the words "evaluated by the principal or
assistant principal on an annual basis; the principal or assistant principal shall then record the names
of the teachers evaluated whose performance is satisfactory" followed by a period.
And,
On page twenty-one, line one hundred forty-three, after the second occurrence of the word
"the", by striking out the word "informal".
The yeas and nays having been ordered, they were taken
(Roll No. 66), and there were--yeas
23, nays 75, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Andes, Armstead, Border, Carmichael, Cowles, Ellington, Gearheart, Householder,
Howell, Ireland, Kump, Lane, Longstreth, J. Miller, Nelson, O'Neal, Overington, Pasdon, R. Phillips, Sigler, Snuffer, Sobonya and Walters.
Absent and Not Voting: C. Miller and Savilla.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
There being no further amendments and having been engrossed, the bill read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 67),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes.
Absent and Not Voting: C. Miller and Savilla.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2757) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken
(Roll No. 68), and there were--yeas 97, nays
1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes.
Absent and Not Voting: C. Miller and Savilla.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2757) takes effect July 1, 2011.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2787, Transferring the licensure of private investigators and security guards from the Secretary of State to the Division of Justice and Community Services; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 69),
and there were--yeas 64, nays 34, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Border, Brown, Canterbury, Carmichael,
Cowles, Duke, Ellem, Ellington, Evans, Ferns, Gearheart, Hamilton, Householder, Howell, Ireland,
Kump, Lane, J. Miller, Nelson, O'Neal, Overington, Pasdon, D. Poling, Romine, Sigler, Snuffer,
Sobonya, Storch, Sumner and Walters.
Absent and Not Voting: C. Miller and Savilla.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2787) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2787 - "A Bill to repeal §30-18-1, §30-18-2, §30-18-3, §30-18-4, §30-
18-5, §30-18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11 §30-18-12, and §30-18-13 of
the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new
article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-
8, §15-14-9, §15-14-10, §15-14-11, §15-14-12, §15-14-13, §15-14-14, §15-14-15, §15-14-16, §15-
14-17, §15-14-18 and §15-14-19, all relating to transferring the licensure of private investigators and
security guards from the Secretary of State to the Division of Justice and Community Services;
license requirement; authority and duties of the Director of the Division of Justice and Community
Services; creation and use of the West Virginia Private Security Fund; license eligibility and application requirements; license renewal; complaint and investigation procedures; grounds for
disciplinary action; hearing procedures and judicial review; criminal sanctions; actions for damages;
authorization for interim policies and procedures for an orderly and efficient transition; and requiring
a report to the Joint Committee on Government Organization."
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken
(Roll No. 70), and there were--yeas 80, nays
18, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Duke, Ellington, Gearheart, Hamilton, Householder, Howell, Ireland, Kump,
O'Neal, Overington, Pasdon, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
Absent and Not Voting: C. Miller and Savilla.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2787) takes effect July 1, 2011.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2871, Relating to brownfield economic development districtson 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. 71),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Walters.
Absent and Not Voting: C. Miller and Savilla.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2871) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2936, Changing the date of the canvassing of votes in a primary
election; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 72),
and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Ellington and Gearheart.
Absent and Not Voting: C. Miller and Savilla.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2936) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2936 - "A Bill to amend and reenact §3-5-17 of the Code of West
Virginia, 1931, as amended, relating to changing the date of the canvassing of votes in a primary
election from the Friday following a primary election to the fifth day following any primary
election."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
Com. Sub. for H. B. 2693, Requiring insurance coverage for autism spectrum disorders; on
second reading, coming up in regular order, was read a second time.
The Clerk announced an amendment heretofore filed with him, by Delegate White.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with the Delegate White amendment pending, and the rule was suspended to permit the
restricted right to amend by Delegate White on that reading.
First Reading
Com. Sub. for H. B. 3029, Relating to crimes using computers, telephones and electronic
communications devices; on first reading, coming up in regular order, was read a first time and
ordered to second reading:
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates C. Miller and Savilla.
At 12:10 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 10,
2011.
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