hdj2010-02-18-37
__________*__________
Thursday, February 18, 2010
THIRTY-SEVENTH 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 Wednesday, February 17, 2010, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
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. 12, The "Private Archie A. 'Whack' Jordan Memorial Bridge",
H. C. R. 18, The "Sgt. Richard W. Griffith Memorial Bridge",
H. C. R. 45, The "Robert L. McAtee, Sr. Memorial Bridge",
H. C. R. 50, Requesting the Joint Committee on Government and Finance study the burden
of taxes and fees imposed by the State of West Virginia upon the coal industry,
H. C. R. 53, The "Fletcher Brothers Memorial Bridge",
And,
H. C. R. 54, The "William H. Sanders II Memorial Highway",
And reports the same back with the recommendation that they each be adopted.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report,
which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 4293, Relating to reporting beaver trapping,
H. B 4473, Relating to forest fire season,
And,
H. B. 4491, Relating to the marking of traps,
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. 4293, H. B. 4473 and
H. B. 4491) were each referred to the Committee on the Judiciary.
Vice Chairman Butcher, from the Committee on Agriculture, submitted the following report,
which was received:
Your Committee on Agriculture has had under consideration:
H. B. 4429, Increasing the financial penalties for causing serious injury or death to a dog or horse used by law enforcement officials,
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. 4429) was referred to
the Committee on the Judiciary.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following
report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4252, Reducing state income taxes for state and federal retirees by increasing the
exemption on retirement income in calculating the federal gross income for state personal income
tax purposes,
And reports the same back with the recommendation that it do pass but that it first be referred
to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4252) was referred to
the Committee on Finance.
Chairman Swartzmiller, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
H. B. 4504, Adopting the Uniform State Military Code of Justice into West Virginia law,
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. 4504) was referred to the Committee on the Judiciary.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following
report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4404, Imposing penalties for falsifying retirement records under the West Virginia
State Police Death, Disability and Retirement Fund,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4404) was referred to
the Committee on Finance.
Chairman Swartzmiller, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
Com. Sub. for S. B. 38, Creating WV Service Members Civil Relief 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 (Com. Sub. for S. B. 38) was
referred to the Committee on the Judiciary.
Chairman Moore, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 381, Regulating ability of Division of Banking employees to obtain certain loans,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 381) was referred to
the Committee on the Judiciary.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4373, Eliminating the twelve-month look-back period for certain children who have
had employer sponsored insurance,
And reports the same back, with title amendment, with the recommendation that it do pass,
as amended, but that it first be referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4373) was referred to
the Committee on the Judiciary.
Vice Chairman Shaver, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 3301, Amending the Division of Labor rule verifying the legal employment status of
workers,
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 Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 3301) was referred to the Committee on the Judiciary.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 4149, Authorizing incentives for energy conservation by electric utilities,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4149) was referred to
the Committee on the Judiciary.
Vice Chairman Shaver, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 4266, Verifying legal employment status of workers,
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. 4266) was referred to
the Committee on the Judiciary.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 4449, Special Mine Safety Property Valuation Act,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4449) was referred to
the Committee on Finance.
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. 4401, Updating the requirements to obtain and retain a commercial driver's license,
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. 4401) was referred to
the Committee on the Judiciary.
On motion for leave, a resolution was introduced (Originating in the Committee on Senior
Citizen Issues and reported with the recommendation that it be adopted), which was read by its title,
as follows:
By Delegates Williams, Ennis, Butcher, Hatfield, Longstreth, Manchin, Manypenny,
Marshall, Moye, Pethtel, D. Poling, Ross, Spencer, Stephens, Susman, Rowan, Azinger,
Evans, Duke, Hamilton, Shott and Sumner:
H. C. R. 61 - "Requesting that the Joint Committee on Government and Finance authorize
the study of West Virginia's cemetery industry to determine whether oversight and regulation are needed to protect the public."
Whereas, There have been disturbing accounts of consumer abuse in the cemetery industry;
and
Whereas, Funeral arrangements are a significant expense for most households; and
Whereas, Most funerals are planned by grieving families who are often vulnerable and
unlikely to concern themselves with cost comparisons; and
Whereas, Some consumers want to ease the financial burden placed on their families by
paying for pre-need funeral and burial arrangements; and
Whereas, Consumers have the right to receive clear and accurate information about all
goods and services offered and any costs that the consumer may incur in the future; and
Whereas, The Federal Trade Commission dictates protections in the funeral industry, but
does not cover the cemetery industry; and
Whereas, States have designated a supervising agency that is charged with the regulation
and oversight of the cemetery industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study West
Virginia's cemetery industry to determine whether oversight and regulations are needed to protect
the public; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Regular Session of the Legislature, 2010, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
The Speaker referred the resolution (H. C. R. 61) to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Senior
Citizen Issues and reported with the recommendation that it be adopted), which was read by its title,
as follows:
By Delegates Williams, Ennis, Butcher, Hatfield, Longstreth, Manchin, Manypenny,
Marshall, Moye, Pethtel, D. Poling, Ross, Spencer, Stephens, Susman, Rowan, Evans,
Duke, Hamilton, Shott and Sumner:
H. C. R. 62 - "Requesting that the Joint Committee on Government and Finance authorize
the study of the costs and benefits of the creation of an exemption for social security benefits
regarding personal income taxes."
Whereas, Twenty-seven of the forty-one states that impose income taxes provide a full
exemption for Social Security benefits; and
Whereas, All of West Virginia's surrounding states provide a full exemption for Social
Security benefits; and
Whereas, Senior citizens most often fall victim to the Underpayment of Estimated Income
Tax Penalty because of income tax due as a result of Social Security income; and
Whereas, Senior citizens are consistently faced with increasing costs, be it food, gas or
healthcare, and never see an increase in benefits; and
Whereas, It is in our State's best interest to exhaust all avenues to ensure that our seniors
receive all possible financial relief so that they can experience a moral and financial victory and continue to lead a high quality of life; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the costs
and benefits of the creation of an exemption for social security benefits regarding personal income
taxes; 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 Legislative 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.
The Speaker referred the resolution (H. C. R. 62) to the Committee on Rules.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4405, Changing the membership of the PEIA Financial Board,
And reports the same back with the recommendation that it do pass but that it first be referred
to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4405) was referred to
the Committee on Government Organization.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4458, Lottery Revenue Bond Act,
And reports the same back with the recommendation that it do pass but that it first be referred
to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4458) was referred to
the Committee on Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4447, Extending the time for the Board of Education of Boone County to meet as a
levying body to present to the voters of Boone County the question of renewing an excess levy for
schools,
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. 4447) was referred to
the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 3113, Relating to arts, entertainment and enterprise districts,
H. B. 4217, Requiring the West Virginia Enhanced 911 Council to propose Emergency
Medical Dispatch procedures,
H. B. 4348, Relating to the discontinuation of water and sewer utility service for a delinquent
bill,
H. B. 4360, Relating to a commission to study annexation,
And,
H. B. 4460, Giving licensed appraisers access to PF-11 and PF-12 forms from the county
assessors office,
And reports the same back with amendment, with the recommendation that they each do pass,
as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 3113, H. B. 4217, H.
B. 4348, H. B. 4360 and H. B. 4460) were each referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4432, Providing for actual costs to be paid for municipal audits and reducing the cap
on audits for Class IV municipalities,
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. 4432) was referred to
the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4145, Providing services and facilities to assist student veterans at state institutions of
higher education,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4145 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18B-4-9, relating to providing services and facilities
to assist student veterans at state institutions of higher education,"
With the recommendation that the committee substitute do pass.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4298, Exempting certain employers and employees from the requirements of the
insurance provisions of chapter thirty-three of this code,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4298 - "A Bill to amend and reenact §5-16-22 of the Code of West
Virginia, 1931, as amended, relating to exempting article sixteen, chapter five of this code
establishing and governing the Public Employees Insurance Agency from applicability of the
provisions of chapter thirty-three of this code; exceptions,"
And,
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,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4299 - "A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Public Employees Insurance Agency;
providing that retired employees who retire on or after July 1, 2010, who have participated in the
plan as active employees for less than five years and who were employed by an employer that is not
participating in the Public Employees Insurance Agency insurance program are responsible for the
entire premium cost for coverage; providing an exception,"
With the recommendation that the committee substitutes each do pass, and with the
recommendation that second reference of the bills to the Committee on Finance be dispensed with.
At the request of Delegate Boggs, and by unanimous consent, second reference of the bills
(Com. Sub. for H. B. 4298 and Com. Sub. for H. B. 4299) to the committee on Finance was
abrogated.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4499, Raising the age of consent that a minor may refuse mental health treatment,
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. 4499) was referred to
the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4419, Developing caseload standards for the Department of Health and Human Resource program areas,
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 Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4419) was referred to
the Committee on Government Organization.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report,
which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 4286, Extending the provision allowing increases in DNR license and stamp fees,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4286) was referred to
the Committee on Finance.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 2, The "Sergeant Billy W. Rapp, U.S. Army Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 11, Requesting the Division of Highways erect two signs on I-79 when entering Marion County honoring two West Virginia football legends, Sam Huff and Frank "Gunner" Gatski.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 17, The "Freda Bell Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 372 - "A Bill to repeal §30-3-18 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §30-3-2, §30-3-4, §30-3-5, §30-3-6 and §30-3-8 of said code, all relating to
the Board of Medicine; providing definitions and current terminology; and removing outdated
language"; which was referred to the Committee on Health and Human Resources then Government
Organization.
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. 21 - "Requesting the Division of Highways name bridge number 20-79-1.03, located
in Kanawha County, the 'Private First Class Charles M. Conner Memorial Bridge'."
Whereas, Charles M. Conner was born on October 20, 1924, to the late Janet and Clyde
Conner of Charleston, West Virginia; and
Whereas, Charles M. Conner enlisted in the United States Army in 1943, after graduating from Elkview High School; and
Whereas, Charles M. Conner served in Company B, 116
th Infantry Regiment of the 29
th
Division and landed in the first wave on Omaha Beach on D-Day; and
Whereas, Charles M. Conner was one of three soldiers out of 30 in his landing craft to
survive the invasion; and
Whereas, Charles M. Conner was wounded seven days later in France and spent two years
in rehabilitation at Ashford General Hospital at The Greenbrier in White Sulphur Springs; and
Whereas, Charles M. Conner was awarded the Purple Heart and Bronze Star for his
heroism; and
Whereas, Charles M. Conner returned to Charleston and became an operating engineer until
his retirement in 1985; and
Whereas, Charles M. Conner was a member of St. Anthony Catholic Church, member of
the Disabled American Veterans and past commander of the Purple Heart in Charleston; and
Whereas, Charles M. Conner was married to his beloved wife of 59 years, Dolores, with
whom he shared the joy of having four children, Charlie Jr., Jerry, Diana and Jack; and
Whereas, Sadly, Charles M. Conner passed away on June 19, 2007, leaving behind a host
of family and friends to cherish his memory; and
Whereas, It is fitting, to honor Charles M. Conner for his service to his community, state
and country, by naming bridge number 20-79-1.03, located in Kanawha County, the "Private First
Class Charles M. Conner Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 20-79-1.03, located in Kanawha County, the "Private First Class Charles M. Conner 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 "Private First Class Charles M. Conner 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 Charles M. Conner.
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. 24 - "Requesting the Division of Highways to name bridge number 303-9-0.01,
located in Boone County, the 'Private First Class Edward C. Miller Memorial Bridge'."
Whereas, Edward C. Miller was born on March 16, 1918, in Boone County, West Virginia;
and
Whereas, Edward C. Miller got out of school and went to work as an embalmer; and
Whereas, On February 4, 1941, Edward C. Miller enlisted in the United States Army and
was sent Fort Hayes in Ohio; and
Whereas, Edward C. Miller was stationed in Hawaii at Fort Kamehameha when Japan
bombed Pearl Harbor on December 7, 1941; and
Whereas, Private First Class Edward C. Miller survived the attack by Japan and helped with
the recovery efforts in Hawaii; and
Whereas, Private First Class Edward C. Miller was honorably discharged from the Army
on June 12, 1945, for his honest and faithful service to his country; and
Whereas, Private First Class Edward C. Miller was married to his beloved Ruth on June
30, 1945; and
Whereas, Sadly, Private First Class Edward C. Miller passed away July 30, 1996, leaving
behind family and friends to cherish his memory; and
Whereas, It is fitting, to honor Private First Class Edward C. Miller by naming bridge
number 303-9-0.01, located in Boone County, the "Private First Class Edward C. Miller Memorial
Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number
303-9-0.01, located in Boone County, the "Private First Class Edward C. Miller 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 "Private First Class Edward C. Miller 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 Edward C. Miller.
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. 26 - "Requesting the Division of Highways name bridge number 320-81-3.57,
located in Kanawha County, the 'Private First Class Vernon L. Dillard Memorial Bridge'."
Whereas, Vernon L. Dillard was born in 1920,in Kanawha County, West Virginia; and
Whereas, Vernon L. Dillard enlisted in the United States Army in August of 1941; and
Whereas, Vernon L. Dillard served honorably in the United States Army during World War
II and was engaged in combat in both Germany and France; and
Whereas, Vernon L. Dillard was wounded twice by enemy fire and received the Purple
Heart for his sacrifice; and
Whereas, Sadly, Vernon L. Dillard was fatally wounded in battle on April 25, 1945; and
Whereas, It is fitting, to honor the memory of Vernon L. Dillard, who made the ultimate
sacrifice for his state and country, by naming bridge number 320-81-3.57, located in Kanawha
County, the "Private First Class Vernon L. Dillard Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number
320-81-3.57, located in Kanawha County, the "Private First Class Vernon L. Dillard 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 "Private First Class Vernon L. Dillard 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 Vernon L. Dillard.
Resolutions Introduced
Delegates Campbell and Ferro offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 59 - "Expressing the will of the Legislature that all groups sponsoring legislative
receptions during the Regular Session make every practicable effort to schedule those events so as
to minimize the impact on legislative business."
Whereas, Delegates and Senators comprising the West Virginia Legislature come from
diverse locations around the State, with many commuting to the legislative sessions daily, and many
others commuting weekly; and
Whereas, The time constraints on legislators to fulfill their legislative work loads grow each
year as the issues of governance become increasingly complex; and
Whereas, The time constraints on legislators are increasingly demanding as the Regular
Session progresses, particularly during the last thirty days of the session; and
Whereas, It would be beneficial to the legislative process if groups sponsoring legislative
receptions would hold those events, if practicable during the first thirty days of the Regular Session;
and
Whereas, It would also be beneficial to the legislative process if groups sponsoring
legislative receptions would hold those events, if practicable, at the Capitol Complex and as early
in the day as possible, including lunch-time receptions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby expresses its will that all groups sponsoring legislative receptions
during the Regular Session make every practicable effort to schedule those events so as to minimize
the impact on legislative business; and, be it
Further Resolved, That the Speaker of the House of Delegates and the Senate President
contact those groups sponsoring receptions during the Regular Session and request their cooperation
in this matter; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to all groups known to be sponsoring legislative receptions during the Regular Session.
Delegates Spencer, Campbell, Miley, White, Moore, Morgan, Poore, Caputo and Doyle
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 60 - "Requesting that the Joint Committee on Government and Finance authorize
a study of the potential of state tax incentives to benefit employers who hire persons with criminal
records."
Whereas, Persons with criminal records who have "served their time" and "paid their debt
to society" have almost no chance at employment, because of their criminal record, following their
release from incarceration, parole or probation. Many of these ex-offenders deserve a second chance
and an employment opportunity in order to become productive citizens; and
Whereas, The United States Government offers a federal tax credit of up to $2,400 for
employers who hire ex-offenders, including those with felony records. States can offer an additional
tax break to businesses who hire persons with criminal records as one way to support the reentry of
those who are legitimately trying to return to the job market in order to support their families and
rejoin their communities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the law governing state tax incentives to benefit employers who hire people with criminal records; 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 Legislative 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.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Morgan, C. Miller, Canterbury, Williams and Campbell:
H. B. 4527 - "A Bill to amend and reenact §19-13-4 of the Code of West Virginia, 1931, as
amended, relating to limiting the liability of apiary owners and operators"; to the Committee on the
Judiciary.
By Delegates Fleischauer, Perdue, Shook, Marshall, Beach, Frazier, Longstreth,
Susman, Williams, Wooton and Manypenny:
H. B. 4528 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-14-12, relating to requiring the Blanchette Rockefeller
Neurosciences Institute to develop a plan regarding neurodegenerative diseases; specifying specific
components that the plan should address; and specifying the date by which the plan should be
presented to the Legislature"; to the Committee on Health and Human Resources then Education.
By Delegates Shott, Blair, Lane, Sobonya, C. Miller, J. Miller, Cowles and McGeehan:
H. B. 4529 - "A Bill to repeal §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-8,
§24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12 of the Code of West Virginia, 1931, as amended,
all relating to the Alternative and Renewable Energy Portfolio Act"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Doyle, Spencer, Carmichael and Blair:
H. B. 4530 - "A Bill to amend and reenact §60-7-11 of the Code of West Virginia, 1931, as
amended, relating to permitting private clubs to purchase alcoholic liquors from retail liquor stores
in any market zone in the state"; to the Committee on the Judiciary.
By Delegates Brown, Miley, Hatfield, Guthrie, Lawrence, Poore and Caputo:
H. B. 4531 - "A Bill to amend and reenact §25-1-16 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated §31-20-30a; and to amend
and reenact §49-5E-6 of said code, all related to mandating that shackling of pregnant women who
are incarcerated is not allowed except in extraordinary circumstances"; to the Committee on the
Judiciary.
By Delegates Skaff, Hall, Ferro, Hunt, Michael, Stowers, Eldridge and Hamilton:
H. B. 4532 - "A Bill to amend and reenact §5B-2F-2 of the Code of West Virginia, 1931,
as amended, relating to permitting the Division of Energy to develop an energy related public
relations campaign focused on educating Washington, D.C. about West Virginia coal and its positive
impact on the eastern seaboard"; to the Committee on Government Organization then the Judiciary.
By Delegates J. Miller and Cowles:
H. B. 4533 - "A Bill to amend and reenact §30-3-7 of the Code of West Virginia, 1931, as
amended, relating to powers and duties of the State Board of Medicine; and interpretation of medical practice guidelines"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Caputo, Manchin, Longstreth, Wooton, Hamilton, Miley, Moore, Frazier,
Fleischauer, Hunt and Brown:
H. B. 4534 - "A Bill to amend and reenact §17C-4-1 of the Code of West Virginia, 1931,
as amended, relating to increasing the criminal penalty for failing to stop and render aid after a motor
vehicle accident; and naming the code section 'Erin's Law'"; to the Committee on the Judiciary then
Finance.
By Delegates White and Campbell:
H. B. 4535 - "A Bill to repeal §11-1B-17 of the Code of West Virginia, 1931, as amended;
to repeal §11-2-11 of said code; to repeal §11-3-10b of said code; to repeal §11-4-9 of said code; to
repeal §11-5-10a of said code; to repeal §11-6-25 of said code; to repeal §11-6D-1, §11-6D-2, §11-
6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of said code; to repeal §11-10-24
of said code; to repeal §11-10B-1, §11-10B-2, §11-10B-3, §11-10B-4, §11-10B-5, §11-10B-6, §11-
10B-7 and §11-10B-8 of said code; to repeal §11-10D-12 of said code; to repeal §11-13-29 of said
code; to repeal §11-21-14 and §11-21-15 of said code; to repeal §11-24-9 of said code; and to repeal
§18-7-3 of said code, all relating to repealing outdated and obsolete sections of the tax code"; to the
Committee on the Judiciary then Finance.
By Delegates Talbott and Crosier
[By Request of the Division of Natural Resources]:
H. B. 4536 - "A Bill to amend and reenact §20-2-30a of the Code of West Virginia, 1931,
as amended, relating to allowing, under limited circumstances, a child under the age of fifteen years
to hunt or take antlerless deer without first obtaining a certificate of training"; to the Committee on Natural Resources then the Judiciary.
By Delegate Shaver:
H. B. 4537 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-2B-7a, relating to creating a lifetime hunting license for
nonresidents who are sixty-five years or older and who own real property in the state; and providing
rule-making authority"; to the Committee on Natural Resources then Finance.
By Delegate Louisos:
H. B. 4538 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §24-2-3d, relating to eliminating charges by public utilities for
meter reading and minimum bill fees"; to the Committee on Government Organization.
By Delegate Louisos:
H. B. 4539 - "A Bill to amend and reenact §46A-6L-101 of the Code of West Virginia, 1931,
as amended, relating to the Consumer Credit & Protection Act; and prohibiting the reporting of
credit scoring as a part of a credit report"; to the Committee on the Judiciary.
By Delegate Louisos:
H. B. 4540 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §19-1B-15; and to amend said code by adding thereto a new
section, designated §22-3-33, all relating to restoring or keeping intact scenic views by coal and
timber operators; allowing residents to petition county commissions to revoke part of permits; and
requiring state agencies to cooperate in enforcing intent"; to the Committee on Natural Resources
then the Judiciary.
By Delegates Shott and Frazier:
H. B. 4541 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931,
as amended, relating to authorizing circuit court judges and magistrates to utilize county or
municipal jails to detain persons charged with a crime up to ninety-six hours, or, to confine persons
convicted of a crime for not more than fourteen days"; to the Committee on the Judiciary then
Finance.
By Delegates Varner, Ferro, Cann, Kominar, Hutchins and Fragale:
H. B. 4542 - "A Bill to amend and reenact §19-14-5 of the Code of West Virginia, 1931, as
amended, relating to providing moneys from an additional commercial feed distributor fee assessed
to commercial feed distributors to fund a statewide spay and neuter program; and creating the Spay
Neuter Assistance Fund"; to the Committee on Agriculture then the Judiciary.
By Delegate Michael:
H. B. 4543 - "A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931,
as amended, relating to reimbursing teachers for recertification fees"; to the Committee on Education
then Finance.
By Delegates Williams, Moye, Manypenny, Rowan, Stephens, Perdue and Boggs:
H. B. 4544 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §9-4F-1, §9-4F-2, §9-4F-3, §9-4F-4, §9-4F-5 and §9-4F-6, all
relating to community-based services and supports for individuals with disabilities; establishing the
Community-Based Services Act; providing definitions for certain terms; defining the purpose of the
Act; implementation of the Act; standards and requirements of the Department of Health and Human
Resources to modify certain policies to improve access to community-based long term care services;
legislative oversight; and requiring legislative rules"; to the Committee on Senior Citizen Issues then Finance.
By Delegate Phillips:
H. B. 4545 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §60A-12-1, §60A-12-1a, §60A-12-2, §60A-12-2a, §60A-12-3,
§60A-12-4, §60A-12-5, §60A-12-6, §60A-12-6a, §60A-12-7, §60A-12-8, §60A-12-9 and §60A-12-
10, all relating to establishing the 'Drug Trafficking Distribution Registration Act'"; to the
Committee on the Judiciary then Finance.
By Delegates D. Poling, Hartman, Azinger, Evans, Ross, Williams, Hamilton, Smith,
Ellem and Border:
H. B. 4546 - "A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as
amended, relating to livestock in dire or extreme condition"; to the Committee on Agriculture then
the Judiciary.
By Delegates McGeehan and Shook:
H. B. 4547 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4 and §11-
13AA-5, all relating to providing certain economic incentives for the construction and operation of
coal-to-liquid plants, coal gasification plants or both coal-to-liquid and coal gasification plants; and
providing that the state shall purchase all of the gasoline and diesel fuel necessary to operate state
vehicles from such plants for ten years"; to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then Finance.
By Delegates Iaquinta, Fragale, Boggs, Crosier, Klempa, Perdue, Campbell, Border,
Azinger, Skaff and C. Miller:
H. B. 4548 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-12j, relating to providing a personal income tax exemption
for living organ donors"; to the Committee on Finance.
By Delegate Louisos:
H. B. 4549 - "A Bill to amend and reenact §8-12-17 of the Code of West Virginia, 1931, as
amended, relating to the sale of municipal public utility"; to the Committee on Political Subdivisions
then Finance.
By Delegates Louisos and Reynolds:
H. B. 4550 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as
amended, relating to requiring commissioners of the Public Service Commission to be elected"; to
the Committee on the Judiciary then Finance.
By Delegates Louisos and Reynolds:
H. B. 4551 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2L-1, relating to prohibiting state funding of abortions"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegate Louisos:
H. B. 4552 - "A Bill to amend and reenact §38-10-4 of the Code of West Virginia, 1931, as
amended, relating to allowing any party in a bankruptcy proceeding to compel the bankruptcy trustee
to disclose the exact disposition of any property and any compensation derived by the trustee in said
proceeding"; to the Committee on the Judiciary.
By Delegates Louisos, Perry and Staggers:
H. B. 4553 - "A Bill to repeal §18B-1C-1, §18B-1C-2 and §18B-1C-3 of the Code of West Virginia, 1931; as amended; to amend and reenact §18B-1-2 of said code; and to amend and reenact
§18B-2A-1 of said code, all relating to removing West Virginia University Institute of Technology
from the merger with West Virginia University and returning it to its former status as a singular state
institution of higher education"; to the Committee on Education then Finance.
By Delegate J. Miller:
H. B. 4554 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-27-5a, relating to the creation of an apprenticeship program
for barbers; and directing the Board of Barbers and Cosmetologists to propose rules for the
program"; to the Committee on Government Organization then the Judiciary.
By Delegate Staggers:
H. B. 4555 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §27-8-4, relating to permitting persons with schizophrenic "reality
disorder" two opportunities to sign a durable power of attorney"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegates Shott, Sumner, Fragale, Hall, Phillips, Porter and Moore:
H. B. 4556 - "A Bill to amend and reenact §17-16A-26 of the Code of West Virginia, 1931,
as amended, relating to an annual legislative audit of the Parkways Authority; and requiring the
Parkways Authority to provide certain information"; to the Committee on Government Organization
then the Judiciary.
By Delegates Perdue, Moore, Guthrie, Mahan and Hatfield:
H. B. 4557 - "A Bill to amend and reenact §16-29E-5 of the Code of West Virginia, 1931,
as amended, relating to the Legislative Oversight Commission on Health and Human Resource Accountability reviewing all of the Department of Health and Human Resources requests for
proposals or change orders valued at over $500,000 prior to their release"; to the Committee on
Health and Human Resources.
By Delegates Shott, Fragale and Porter:
H. B. 4558 - "A Bill to amend to amend and reenact §21A-1A-17 of the Code of West
Virginia, 1931, as amended, relating to exclusions from the term employment in that article
generally"; to the Committee on Energy, Industry and Labor, Economic Development and Small
Business then the Judiciary.
By Delegates Morgan and Stephens:
H. B. 4559 - "A Bill to amend and reenact §30-19-8 of the Code of West Virginia, 1931, as
amended, relating to the requirements to be a certified as a registered forester"; to the Committee on
Government Organization.
By Delegate McGeehan:
H. B. 4560 - "A Bill to amend and reenact §33-2-1 of the Code of West Virginia, 1931, as
amended, relating to eliminating the agency of Insurance Commissioner"; to the Committee on
Banking and Insurance then Finance.
By Delegates Beach, Shook, Manypenny, Caputo, Pethtel, Marshall, Longstreth and
Fleischauer:
H. B. 4561 - "A Bill to amend and reenact §50-1-8 of the Code of West Virginia, 1931, as
amended, relating to adding an additional magistrate court clerk to Monongalia County"; to the
Committee on the Judiciary then Finance.
By Delegates Staggers, Moye and Manypenny:
H. B. 4562 - "A Bill to amend and reenact §27-7-1 of the Code of West Virginia, 1931, as
amended, relating to notice to persons with schizophrenic reality disorder of benefits of designating
a durable medical power of attorney"; to the Committee on Health and Human Resources then the
Judiciary.
By Delegate Morgan:
H. B. 4563 - "A Bill to amend and reenact §27-5-11 of the Code of West Virginia, 1931, as
amended, relating to extending the termination date of the modified mental hygiene procedures pilot
project"; to the Committee on Government Organization.
By Delegate Andes:
H. B. 4564 - "A Bill to amend and reenact §1-2-2 of the Code of West Virginia, 1931, as
amended, relating to the apportionment of the membership of the House of Delegates; and adding
a fifty-ninth delegate district consisting of portions of Mason and Putnam counties"; to the
Committee on Political Subdivisions then the Judiciary.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported
by the Clerk and adopted:
H. C. R. 7, Requesting the Joint Committee on Government and Finance to continue
studying the needs, challenges, and issues facing West Virginia veterans returning from recent
service,
H. C. R. 29, The "Sgt. Chester A. Mollett Memorial Highway",
And,
H. C. R. 47, The "Childhood Cancer Survivor and Memorial Highway".
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. 2050, Expanding the counties covered by West Virginia Route 2 and
Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number
of members,
Com. Sub. for H. B. 4212, Requiring PSC update railroad walkway safety regulations,
H. B. 4277, Authorizing the Secretary of the Department of Environmental Protection to
issue National Pollutant Discharge Elimination System permits,
Com. Sub. for H. B. 4354, Relating to conditions and arrests in domestic violence matters,
H. B. 4361, Removing provisions prohibiting sharing domestic violence information with
other governments,
And,
H. B. 4416, Declaring certain claims against the state and its agencies to be moral obligations
of the state and directing payments thereof.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. B. 391, Relating to county board of education members' eligibility,
H. B. 4245, Relating to county board of education, eligibility of members and training
requirements,
And,
Com. Sub. for H. B. 4187, Continuing the current hazardous waste management fee until
2015.
Miscellaneous Business
Delegate Blair asked and obtained unanimous consent that the remarks of Delegate
Carmichael regarding the proposed cigarette tax be printed in the Appendix to the Journal.
Delegate Michael asked and obtained unanimous consent that the remarks of Delegates
Williams and Shaver regarding the need for snow removal in their county be printed in the Appendix
to the Journal.
At 11:54 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 19, 2010.
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