hdj2012-1-30-20
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Monday, January 30, 2012
TWENTIETH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Rick
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, January 27, 2012, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced
Delegates Armstead, Lane and Walters offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. C. R. 44 - "Requesting the Division of Highways to name the bridge on U.S. Route 119,
one and a half miles north of Clendenin at the Thorofare Road Junction, number 20-59-0.01, in
Clendenin, Kanawha County, West Virginia, the 'Smith Brothers Memorial Bridge'."
Whereas, Five Smith brothers from Kanawha County, West Virginia, born to Ralph and
Maggie Smith of Clendenin, served in the United States Army during WWII; and
Whereas, The Smith brothers' service to their nation began in April 1941, when Wilton
Russell Smith, born December 1, 1915, was inducted, serving with the 150
th Infantry thirty-five
months patrol at the Panama Canal, receiving an honorable discharge on October 4, 1945; and
Whereas, Floyd Jacob Smith, born February 14, 1920, entered service in April, 1942, with
the Second Infantry Division, serving in Ireland, England and France, receiving an honorable
discharge on December 3, 1945; and
Whereas, Fred Ervin Smith, born January 24, 1922, entered service in October, 1942, and
headed for the South Pacific with the 5
th Air Force, receiving an honorable discharge on December
31, 1945; and
Whereas, Ralph Burton Smith, Jr., born January 3, 1911, entered the service in December,
1942, and was assigned to the 786 Tank Battalion serving in England, Belgium, Germany and
France, receiving an honorable discharge October 30, 1945; and
Whereas, David Grant Smith, born August 29, 1907, entered the service in 1944 and served
as an MP guarding German prisoners in Alabama, receiving an honorable discharge February 5,
1945; and
Whereas, All brothers received ribbons and medals commensurate with the theaters they
served with brother Fred being awarded the Purple Heart, having been wounded in France; and
Whereas, Two of the Smith brothers' families continued with service to their country during
the Vietnam War: Wilton's son, Bill, and Ralph's son, Danny; and
Whereas, The Smith Brothers, who are still living and range in ages from sixty-eight years to eighty-three years, all retired from Union Carbide with over one-hundred-fifty years total service
between them; and
Whereas, The Smith Brothers, unlike many young men who served during this period of
our history, returned home safely, for which their families and communities are grateful; and
Whereas, The Smith Brothers willingly, gallantly and proudly served their country during
WWII and have given much to their community and state; and
Whereas, The patriotic act of five brothers entering the Armed Forces of the United States
in a time of world war, while not unique, is remarkable and their service to protecting the principles
upon which this country was built and their service to their community and state should not go
unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge on U.S. Route 119,
one and a half miles north of Clendenin at the Thorofare Road Junction, bridge number 20-59-0.01,
in Clendenin, Kanawha County, West Virginia, the "Smith Brothers Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
two signs, one on either end of the bridge, that identifies the bridge, in bold and prominent lettering,
as the "Smith Brothers Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to
each Smith brother and to the Commissioner of the Division of Highways.
Delegates Hartman and D. Campbell offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 45 - "Requesting the Division of Highways to name bridge number 42-33-23.03, on US 33 crossing the Cheat River which is about ten miles east of Elkins, West Virginia, the
'Sergeant Robert Dewey Thompson Memorial Bridge'."
Whereas, Robert Dewey Thompson was born on October 10, 1944, to Dewey and Margie
Thompson in Wymer, West Virginia; and
Whereas, Sergeant Thompson entered the service on September 20, 1965, and trained at
Fort Bevens, Massachusetts; and
Whereas, Mr. Thompson achieved the rank of sergeant in the 196th Light Infantry Brigade;
and
Whereas, Sergeant Thompson tragically died while bravely serving his country on May 23,
1967, as a result of an exploding land mine in Vietnam; and
Whereas, Sergeant Thompson was posthumously awarded the Purple Heart, Bronze Star
and various awards from the South Vietnamese government; 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 42-33-23.03, located on US 33 crossing the Cheat River which is about ten miles east
of Elkins, West Virginia, the "Sergeant Robert Dewey Thompson 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 "Sergeant Robert Dewey Thompson 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 Transportation, the Commissioner of the Division of Highways, and the surviving family of Robert Dewey Thompson.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Iaquinta, Longstreth, Ashley, Azinger, O'Neal, Givens, Ferro, Rowan,
Craig and Paxton:
H. B. 4337 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-3-59, relating to crimes against property; and creating
misdemeanor offense of depriving rightful heir to possession of Civil War medals or medals and
citations awarded from any other war in which the Armed Forces of the United States participated;
when affidavit required; and criminal penalties"; to the Committee on Veterans' Affairs and
Homeland Security then the Judiciary.
By Delegates Butcher, Stowers, Barill, Barker, R. Phillips, Hunt, Varner, Perdue,
Moore, D. Poling and Cann:
H. B. 4338 - "A Bill to amend and reenact §17-24A-4 of the Code of West Virginia, 1931,
as amended, relating to raising the maximum value amount of an abandoned motor vehicle $2,500
to $7,500 before someone hired by an enforcement agency may sell that vehicle; requiring an
additional fee be paid to the Division of Motor Vehicles for titling an abandoned vehicle; and
clarifying definitions"; to the Committee on Roads and Transportation then Finance.
By Delegates Boggs, Fragale, Guthrie, Manchin, Moore, Moye, Pethtel, Poore,
Stephens, Duke and Sumner:
H. B. 4339 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22l; and to amend said code by adding thereto a new section,
designated §18-7A-26w, all relating to providing an increase to all annuitants of the Public
Employees Retirement and Teachers Retirement Systems"; to the Committee on Pensions and
Retirement then Finance.
By Delegates Morgan, Perdue, Craig, Hatfield, Perry, Cann, Ferro, Stephens, M.
Poling, Hall and Poore:
H. B. 4340 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as
amended, relating to the West Virginia Secondary School Activities Commission; and requiring the
commission to propose legislative rules concerning concussions"; to the Committee on Education
then the Judiciary.
By Delegates Shaver, Pethtel, Williams, Pino, Frazier, R. Phillips, Givens, Perry, Barill,
Mahan and Stowers:
H. B. 4341 - "A Bill to amend and reenact §29-6-27 of the Code of West Virginia, 1931, as
amended, relating to permitting a civil service employee to receive donated leave from another
employee to care for a member of his or her household in a medical emergency"; to the Committee
on Government Organization then Finance.
By Delegates Miley and Poore
[By Request of the Secretary of State's Office]:
H. B. 4342 - "A Bill to amend and reenact §3-2-30 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §59-1-2b, all relating
to the preparation and sale of voter registration lists; establishing the fees to be collected; requiring
the fees to be deposited in the State Election Fund; and permitting a county clerk to collect an additional fee for list preparation"; to the Committee on the Judiciary then Finance.
By Delegates Miley, Frazier, Longstreth and Barill
[By Request of the Supreme Court of Appeals]:
H. B. 4343 - "A Bill to amend and reenact §51-9-4, §51-9-6, §51-9-6a and §51-9-6b of the
Code of West Virginia, 1931, as amended, all relating to the judicial retirement system; adjusting
the contribution rate of judges; eliminating contribution requirement for judges who are fully vested
and eligible for retirement; and increasing benefits for certain judges of record and their annuitants";
to the Committee on Pensions and Retirement then Finance.
By Delegates Manypenny, Fragale, Guthrie, Mahan and Talbott:
H. B. 4344 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-10-6, relating to the control of potentially dangerous wild
animals, as specified, to protect the public against health and safety risks and to establish criminal
penalties"; to the Committee on Natural Resources then the Judiciary.
By Delegates Boggs, D. Campbell, Fragale, Diserio, Marcum, Moore, Phillips, R. and
White:
H. B. 4345 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §31-2-17, relating to prohibiting the unauthorized sale of railroad
scrap metal"; to the Committee on the Judiciary.
By Delegates Boggs, D. Campbell, Fragale, Givens, Iaquinta, Jones, Longstreth,
Diserio, Swartzmiller, Walker and White:
H. B. 4346 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to exempting disabled veterans who have suffered a hundred percent total and permanent service-connected disability as certified by the Director of the Department of Veterans'
Affairs of West Virginia from state income tax"; to the Committee on Veterans' Affairs and
Homeland Security then Finance.
By Delegates Manypenny, Doyle, Walker and Shaver:
H. B. 4347 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §36-3-8a, relating to requiring persons who are not members of
the American Association of Professional Landmen to have two years or more of experience in
contracting for oil and gas leases before being able to represent lessors in the exploration or
development of natural gas in the Marcellus Shale geologic formation; requiring those persons to
also successfully complete an ethics class; making findings; defining a term; and establishing
penalties"; to the Committee on Energy, Industry and Labor, Economic Development and Small
Business then the Judiciary.
By Delegate Manypenny:
H. B. 4348 - "A Bill to amend and reenact §22-6A-7 of the Code of West Virginia, 1931,
as amended, relating to revocation of current and future horizontal well permits when a driller or
well operators violates conditions or road bonds or other well pad and site operating requirements";
to the Committee on the Judiciary then Finance.
By Delegate Manypenny:
H. B. 4349 - "A Bill to amend and reenact §22-6A-15 of the Code of West Virginia, 1931,
as amended, relating to a requirement that operators post a bond for performance and recompense
of landowners for each well for the life of the well and until all performance requirements and
obligations to landowners have been satisfied"; to the Committee on the Judiciary then Finance.
By Delegate Manypenny:
H. B. 4350 - "A Bill to amend and reenact §22-6A-10 and §22-6A-11 of the Code of West
Virginia, 1931, as amended, all relating to providing landowners of property adjacent to proposed
well sites copies of the application, the erosion and sediment control plan and the well plat by
personal service, registered mail or other method requiring a receipt or signature confirmation;
giving notice to the public and those required to receive written notice of a proposed permit of their
option to request a hearing on a proposed permit; requiring the secretary to consider all comments
submitted; and authorizing the secretary to call and hold a public hearing"; to the Committee on the
Judiciary then Finance.
House Calendar
Third Reading
Com. Sub. for H. B. 4107, Relating to volunteer firefighter training; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 19),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Border, T. Campbell and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4107) passed.
Delegate Boggs moved that the bill take effect from passage.
On this question, the yeas and nays were taken (Roll No. 20), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Border, T. Campbell and Mahan.
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. 4107) takes effect from 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. 4250, Creating the Uniform Real Property Electronic Recording Act;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 21),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Border, T. Campbell and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4250) 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
Com. Sub. for H. B. 4060, Relating to prohibiting sexual acts between correctional
personnel and persons incarcerated, or on parole or probation; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third reading:
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 4046, Repealing obsolete code provisions,
Com. Sub. for H. B. 4062, Creating an in-home direct care workforce registry,
H. B. 4103, Consolidating of government services and enforcement of laws pertaining to the
motor carrier industry,
Com. Sub. for H. B. 4125, Correcting date for schools to send notice to parents alerting
them to the existence of the school's crisis response plan,
And,
H. B. 4291, Relating to county law libraries established by the Supreme Court of Appeals.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Border, T. Campbell and Mahan.
Remarks by Members
Delegate Andes asked and obtained unanimous consent that the remarks of Delegate Cowles
regarding the Renewable Portfolio Standards Sustainable Energy Act be printed in the Appendix to
the Journal.
Miscellaneous Business
Delegate Longstreth noted to the Clerk that had she been present on Friday when the votes
were taken on the passage of Com. Sub. for H. B. 4238 and H. B. 4251 (Roll No. 17 and 18), she
would have voted "Yea" thereon.
At 1:29 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 31, 2012.