hdj2010-02-01-20
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Monday, February 1, 2010
TWENTIETH 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, January 29, 2010, 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. 2503, Requiring licensed tattoo artist to inform patrons, prior to performing the tattoo
procedure, of the potential problems that a tattoo may cause in relation to the reading of magnetic resonance imaging,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2503 - "A Bill to amend and reenact §16-38-3 of the Code of West
Virginia, 1931, as amended, relating to requiring licensed tattoo artists to inform patrons, prior to
performing the tattoo procedure, of the potential problems that a tattoo may cause in relation to the
clinical reading of magnetic resonance imaging studies; requiring State Department of Health to
prepare written forms pertaining thereto,"
And,
H. B. 2663, Expanding the power of municipal parking authority officers,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2663 - "A Bill to amend and reenact §8-14-5a of the Code of West
Virginia, 1931, as amended, relating to expanding the power of municipal parking authority officers
to ticket for municipal parking violations,"
With the recommendation that the committee substitutes each do pass.
Messages from the Senate
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. 6 - "Requesting the Division of Highways to name bridge number 10473, located
in Mingo County, the 'Matoma C. Sansom Memorial Bridge'."
Whereas, Matoma C. Sansom was born and raised in Red Jacket, West Virginia, the daughter of the late Carl and Fannie Wooten; and
Whereas, Matoma C. Sansom was the widow of the late Gaston Sansom; and
Whereas, Matoma C. Sansom was the proud mother of five children, Ronnie, Harry,
Donald, Brenda and Lisa, and the hero to ten grandchildren and ten great grandchildren; and
Whereas, Matoma C. Sansom was a friend to everyone in her community and was an active
member of Calista Boyd #104 Order of the Eastern Star for sixty years and served as secretary for
twenty years; and
Whereas, Matoma C. Sansom was a cherished member of her community, having dedicated
much of her life to helping others in need, and performing a countless number of charitable acts for
the betterment of Red Jacket; and
Whereas, Matoma C. Sansom was active member of the North Matewan Church of Christ;
and
Whereas, Sadly, Matoma C. Sansom passed on February 14, 2009, leaving behind her
beloved family and friends to cherish her memory; and
Whereas, It is fitting, to honor the memory of Matoma C. Sansom, that bridge number
10473, located in Mingo County, be named the "Matoma C. Sansom Memorial Bridge"; therefore,
be it
Resolved by the Senate:
That the Legislature hereby requests the Division of Highways to name bridge number 10473,
located in Mingo County, the "Matoma C. Sansom Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Matoma C. Sansom Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and the family of Matoma C.
Sansom.
Resolutions Introduced
Delegates Longstreth, Caputo and Manchin offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 18 - "Requesting the bridge on Homewood Avenue in Fairmont, specifically bridge
number 25-31/9-0.05, be named the 'Sgt. Richard W. Griffith Memorial Bridge'."
Whereas, Richard Wayne Griffith was born November 14, 1947 in Fairmont, West Virginia;
and
Whereas, He attended and graduated from East Fairmont High School in 1965; and
Whereas, After graduating, he enlisted in the Army Medical Corps; and
Whereas, After enlisting, he was deployed to Vietnam on August 15, 1966 and was assigned
to the 2nd Battalion, 14th Infantry, 25th Infantry Division in the Binh Doung Province, South
Vietnam; and
Whereas, While serving courageously in Vietnam he was killed in action on July 2, 1967;
and
Whereas, After his death he was awarded the Combat Medics Badge, Bronze Start with 3
V's, Purple Heart, National Defense, Vietnam Campaign and Vietnam Service Medals; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 25-31/9-0.05 on Homewood Avenue in Fairmont, West Virginia the "Sgt. Richard W. Griffith Memorial Bridge";
and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "Sgt. Richard W. Griffith Memorial
Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the surviving family of Richard
Wayne Griffith.
Delegates Spencer, Guthrie, Campbell, Morgan, M. Poling, Miley, Martin, Perdue, White,
Boggs offered the following resolution, which was read by its title and referred to the Committee on
Rules:
H. C. R. 19 - "Requesting the Joint Committee on Government and Finance study what the
appropriate amount for income tax exemptions for retirees in the state should be."
Whereas, There is a strong interest among the retired citizens of West Virginia regarding
what the appropriate amount should be for an exemption from income taxation on their retirement
income; and
Whereas, This interest is demonstrated by the numerous bills introduced every year in the
Legislature to change the amount of the income exemption for retirees; and
Whereas, Many retired citizens live on fixed incomes and in these times of economic
uncertainty are fearful of their ability to continue to keep up with even the basic cost of every day
expenses without some financial help in the way of an additional tax exemption on their retirement income; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the fiscal
and public policy implications of the various suggestions regarding an additional exemption on
retirement income; and, be it
Further Resolved, That the Joint Committee on Government and Finance specifically study
what an appropriate amount should be for an additional exemption on retirement income; 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 Brown, Mahan, Hatfield, M. Poling, Fleischauer, Perdue, Marshall, Guthrie,
Iaquinta, Lawrence, Longstreth, Ferro, Susman, Staggers, Spencer, Moye, Varner, Paxton, Pethtel,
Phillips, Poore, Rodighiero, C. Miller, Rowan, Shaver, Schoen, Smith, Sumner and McGeehan
offered the following resolution, which was read by its title as follows:
H. R. 11 - "Designating February 1, 2010, as 'Women's Day' in West Virginia."
Whereas, Women comprise fifty two percent of the population of the State of West
Virginia; and
Whereas, The State is thankful and proud of the accomplishments and achievements of West Virginia's women; and
Whereas, Women in their roles as workers, leaders, mothers, friends, caretakers, daughters,
activists, politicians, sisters and wives make enormous contributions to their families and local
communities while also contributing to the general well-being and betterment of the State as a
whole; and
Whereas, The women of West Virginia are gathered today at the Legislature to celebrate
their achievements and to draw additional attention to the continued need for work on equity issues
such as workplace equity, legal equity and social equity; therefore, be it
Resolved by the West Virginia House of Delegates:
That February 1, 2010, is hereby declared as Women's Day in West Virginia and all citizens
are urged to celebrate the enormous contributions of women to the success of the State; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the West Virginia Women's Commission.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H.
R. 11) 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 Delegate Reynolds:
H. B. 4251 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §3-1-47, relating to a requirement that election officials, poll clerks and poll workers must vote in the precincts where they are registered"; to the Committee on the
Judiciary.
By Delegates Spencer, White, Campbell, Miley, Boggs, M. Poling, Caputo, Morgan,
Moore, Martin and Guthrie:
H. B. 4252 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to the reduction of state income taxes for certain state and federal retirees by
increasing the exemption on retirement income in calculating the federal gross income for state
personal income tax purposes"; to the Committee on Pensions and Retirement then Finance.
By Delegates Perdue, Hamilton, Morgan, Guthrie and M. Poling:
H. B. 4253 - "A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931,
as amended, relating to increasing the barrel tax on nonintoxicating beer"; to the Committee on
Finance.
By Delegates Reynolds and Rodighiero:
H. B. 4254 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-24-12a, relating to providing a corporate tax credit for
qualified health insurance policies provided by corporate employers to employees"; to the Committee
on Banking and Insurance then Finance.
By Delegates Perdue, Hatfield, Marshall, Michael, Moore and Rodighiero:
H. B. 4255 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §33-3-14e, all relating
to creating a temporary health information technology reinvestment fee for health insurers; providing
definitions; establishing penalties for noncompliance; providing rule-making authority; and establishing an effective date"; to the Committee on Banking and Insurance then Finance.
By Delegates Reynolds and Rodighiero:
H. B. 4256 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9m, relating to creating a sales tax holiday for purchases
of guns and ammunition during the month of November"; to the Committee on Finance.
By Delegates Reynolds and Rodighiero:
H. B. 4257 - "A Bill to amend and reenact §60A-7-707 of the Code of West Virginia, 1931,
as amended, relating to authorizing the law-enforcement agency responsible for a forfeited motor
vehicle to trade the motor vehicle for a new vehicle if the motor vehicle has little value for public
auctions purposes"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Beach, Eldridge, Varner, Ferro, Manypenny, Swartzmiller, Andes,
Canterbury and Crosier:
H. B. 4258 - "A Bill to amend and reenact §15-12-10 of the Code of West Virginia, 1931,
as amended, all relating to requiring sex offenders to verify their e-mail and other online identities
in the same way as they register their physical address"; to the Committee on the Judiciary.
By Delegates Beach, Fleischauer, Marshall, Eldridge, Rodighiero and Manypenny:
H. B. 4259 - "A Bill to amend and reenact §38-1-3 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new article, designated §38-1B-1, §38-1B-2,
§38-1B-3, §38-1B-4, §38-1B-5, §38-1B-6, §38-1B-7, §38-1B-8, §38-1B-9, §38-1B-10 and §38-1B-
11, all relating to establishing a system for foreclosure mediation; defining terms; requiring that
notice of the right to request foreclosure mediation be given; giving discretion to magistrate courts
in granting requests for foreclosure mediation; providing procedure for mediation proceedings; directing the Supreme Court to adopt rules concerning foreclosure mediation; providing exemptions
to the Foreclosure Mediation Act; and providing immunity from civil liability"; to the Committee
on the Judiciary.
By Delegates Perry and Ashley:
H. B. 4260 - "A Bill to repeal §33-12B-2 and §33-12B-13 of the Code of West Virginia,
1931, as amended; to amend and reenact §33-12B-1, §33-12B-3, §33-12B-5, §33-12B-9 and
§33-12B-10 of said code; to amend said code by adding thereto a new section, designated
§33-12B-10a; and to amend and reenact §33-12B-11 of said code, all relating to insurance adjusters;
defining 'home state'; permitting an adjuster to designate a home state; establishing a new crop
adjuster license and its qualifications; revising the requirements for nonresident adjusters; granting
the Commissioner of Insurance the authority to examine the business practices of persons holding
or applying for adjuster licenses; revising the licensing renewal requirements; requiring notification
by adjusters of legal actions taken against them; clarifying the process to be used concerning adverse
administrative actions; and increasing maximum administrative penalty for violations"; to the
Committee on Banking and Insurance then the Judiciary.
By Delegates Williams, Hartman, Butcher, Ireland and Michael:
H. B. 4261 - "A Bill to amend and reenact §61-3-39a, §61-3-39g and §61-3-39m of the Code
of West Virginia, 1931, as amended, all relating to writing worthless checks; altering the criminal
penalty; providing a procedure for issuing a summons when the drawer is an out-of-state resident;
and allowing the prosecuting attorney to drop charges under certain circumstances"; to the
Committee on the Judiciary then Finance.
By Delegate Guthrie:
H. B. 4262 - "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, §5B-2H-6
and §5B-2H-7; and to amend said code by adding thereto a new section, designated §11-24-11c, all
relating to creating the West Virginia Renewable Energy Act; providing an investment cost recovery
incentive for customer-generated electricity from renewable energy systems; making exceptions;
providing for tax credits electric light and power companies that purchase customer-generated
electricity; establishing time limits for the incentives and credits; providing that customers who
generate electricity from renewable sources may sell electricity to electric light and power
companies; requiring reports be made to the Legislature; and making legislative findings and
defining terms"; to the Committee on Energy, Industry and Labor, Economic Development and
Small Business then Finance.
By Delegate Morgan:
H. B. 4263 - "A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931,
as amended; to amend and reenact §18B-1B-6 of said code; to amend and reenact §18B-1D-2 and
§18B-1D-7 of said code; to amend and reenact §18B-2A-1 and §18B-2A-7a of said code; to amend
and reenact §18B-2B-6 of said code; to amend and reenact §18B-3-1 and §18B-3-3 of said code; to
amend and reenact §18B-3C-4 and §18B-3C-8 of said code; to amend and reenact §18B-4-6 of said
code; to amend and reenact §18B-6-1a of said code; and to amend and reenact §18B-10-1 of said
code, all relating to changing the name of Marshall Community and Technical College to Mount
West Community and Technical College"; to the Committee on Education.
House Calendar
Third Reading
H. B. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical
precursors of methamphetamine;
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. 14),
and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Border, Cann, Hartman, Hutchins, Lawrence, Mahan,
Shook and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2485) 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. 4018, Establishing that possession of a mixture or preparation intended
for human consumption containing salvia divinorum is unlawful; 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. 15),
and there were--yeas 88, nays 3, absent and not voting 9, with the nays and absent and not voting
being as follows:
Nays: Eldridge, Perry and Staggers.
Absent And Not Voting: Argento, Border, Cann, Hartman, Hutchins, Lawrence, Mahan,
Shook and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4018) 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. 4139, Relating to professional licensing boards; 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. 16),
and there were--yeas 78, nays 13, absent and not voting 9, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Blair, Carmichael, Cowles, Lane, McGeehan, J. Miller, Porter,
Romine, Schoen, Sobonya and Walters.
Absent And Not Voting: Argento, Border, Cann, Hartman, Hutchins, Lawrence, Mahan,
Shook and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4139) 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:
H. B. 2561, Providing that an applicant for a farm use exemption certificate may not be
required to appear before any assessor for renewal,
And,
H. B. 2612, Increasing penalties for failing to report child abuse.
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. 4133, Clarifying the requirements to practice marriage and family
therapy,
H. B. 4142, Relating to the board of sanitarians,
And,
H. B. 4171, Relating to criminogenic risk and needs assessments.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates
Argento, Border, Cann, Hartman, Hutchins, Lawrence, Mahan, Shook and
Wooton.
At 11:29 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 2,
2010.
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