hdj2011-02-24-44
__________*__________
Thursday, February 24, 2011
FORTY-FOURTH 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 23, 2011, 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. 75, Urging the Governor of Florida and the Florida State Senate Legislature not to
repeal Florida's prescription tracking system,
H. C. R. 78, The "Sergeant Robert Dewey Thompson Memorial Bridge",
And,
H. C. R. 90, The "Campbell Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2981, Clarifying payment for trade certifications and allowing use of tuition assistance
for West Virginia National Guard members enrolled in a doctor of medicine or osteopathic medicine
program,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2981 - "A Bill to amend and reenact §15-1B-21 of the Code of West
Virginia, 1931, as amended, relating to payments for trade certifications and allowing use of tuition
assistance for West Virginia National Guard members enrolled in a doctor of medicine or
osteopathic medicine program,"
H. B. 3050, Relating to the practice of dieticians,
And reports back a committee substitute therefor, with the new title, as follows:
Com. Sub. for H. B. 3050 - "A Bill to repeal §30-35-2a of the Code of West Virginia, 1931,
as amended; to amend and reenact §30-35-1, §30-35-2, §30-35-3, §30-35-4, §30-35-5, §30-35-6,
§30-35-7, §30-35-8, §30-35-9, §30-35-10, §30-35-11, §30-35-12, §30-35-13 and §30-35-14 of said
code; and to amend said code by adding thereto four new sections, designated §30-35-15, §30-35-16,
§30-35-17 and §30-35-18, all relating to the practice of dietetics; providing that it is unlawful to
practice dietetics without a license; defining terms; providing board member qualifications;
describing conditions and terms of board appointments; describing powers and duties of the board;
defining board rule-making authority; continuing the Board of Licensed Dieticians Fund in the State
Treasury; establishing conditions for licensure; defining the scope of practice of dieticians;
authorizing the issuance of temporary permits; requiring license renewal; requiring display of a
license; providing the board may enjoin licensees; authorizing the board to investigate complaints;
providing for due process for licensees; describing procedures for hearings and rights of appeal;
authorizing criminal proceedings; and describing penalties for violations of the act,"
H. B. 3067, Enhancing funding for civil legal services for the poor,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 by clerks of court to
be used to enhance funding for civil legal services for victims of domestic violence and low income
citizens in the state,"
H. B. 3094, Requiring the Secretary of the Department of Health and Human Services to use
existing department funds to develop a program to compensate employees for personal property loss,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3094 - "A Bill to amend and reenact §9-2-6 of the Code of West
Virginia, 1931, as amended, relating to requiring the Secretary of the Department of Health and
Human Services to use existing department funds to develop a program to compensate employees
for personal property loss in work related incidents,"
And,
H. B. 3099, Marcellus Gas and Manufacturing Development Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3099 - "A Bill to amend and reenact §11-6F-2 and §11-6F-3 of the
Code of West Virginia, 1931, as amended; to amend and reenact §11-13R-3 of said code; to amend
and reenact §11-13S-3 of said code; to amend and reenact §11-13Q-20 of said code; to amend and
reenact §11-15-8d of said code; and to amend and reenact §24-2F-3 of said code, all relating
generally to the tax treatment of manufacturing entities generally; amending definition of
manufacturing for purposes of special method for appraising qualified capital additions to
manufacturing facilities for property tax purposes; providing new rules for treatment of certified
capital addition property; amending definition of research and development purposes of strategic
research and development tax credit; amending definition of manufacturing for purposes of
manufacturing investment tax credit; providing additional exception to limitation on right to assert sales and use tax exemptions; modifying meaning of natural gas for purposes of alternative and
renewable energy portfolio standard act; and requiring report on impact of act,"
With the recommendation that the committee substitutes each 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. 2512, Relating to pawnbrokers,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2512 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §47-26-1, §47-26-2, §47-26-3, §47-26-4§ and §47-26-5,
all relating to pawnbrokers; requiring pawnbrokers to obtain a signed statement affirming ownership
from each seller or pledgor on all sale or pawn transactions, except for refinance pawn transactions
or merchandise bought from a manufacturer or wholesaler with an established place of business;
requiring pawnbrokers to make a pawn transaction report for each purchase, loan or sale of property,
except with regard to refinance pawn transactions or merchandise bought from a manufacturer or
wholesaler with an established place of business; setting forth the minimum information to be
contained in such pawn transaction reports; requiring pawnbrokers to retain records; requiring
pawnbrokers to provide a copy of the pawn transactions reports or a summary pawn transaction
report to local law enforcement officials each month; requiring pawnbrokers to make such original
records available for inspection by law enforcement officials or agencies on request; making a
pawnbroker's failure to comply with the requirements of this article a misdemeanor; making the
filing of a false statement of ownership a misdemeanor; establishing criminal penalties for offenses;
and definitions,"
And,
H. B. 2703, Relating to qualifications of members of certain county commissions,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2703 - "A Bill to amend and reenact §7-14-3 of the Code of West
Virginia, 1931, as amended; to amend and reenact §8-14-7 of said code; and to amend and reenact
§8-15-12 of said code, all relating to qualifications of members of the Policemen's Civil Service
Commission, the Firemen's Civil Service Commission and the Civil Service Commissions of the
counties; restrictions from service; and disqualifications from service,"
With the recommendation that the committee substitutes each 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. 3087, Requiring qualifying law-enforcement officers employed by a West Virginia
law-enforcement agency to receive certification to carry a concealed firearm nationwide,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3087 - "A Bill to amend and reenact §7-4-1 of the Code of West
Virginia, 1931, as amended; to amend and reenact §15-2-25 of said code; and to amend said code
by adding thereto a new section, designated §30-29-11, all relating to requiring qualifying law-
enforcement officers employed by a West Virginia law-enforcement agency to receive certification
to carry a concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety
Act of 2004; permitting and setting forth the requirements for prosecuting attorneys and assistant
prosecuting attorneys to carry concealed handguns pursuant to that act; requiring prosecutors,
assistant prosecutors or duly appointed investigators employed by a prosecuting attorney to complete
firearms training and certification before carrying a firearm while performing their duties;
establishing a procedure for a retired or medically discharged member of the State Police to appeal
a denial of a letter of authorization to carry concealed handguns; providing that certain methods of
authorization for retired or medically discharged members of the State Police to carry concealed
handguns are cumulative; providing that a letter of authorization for a retired or medically discharged
member of the State Police to carry concealed handguns is considered a West Virginia concealed handgun license for the purpose of participating in reciprocity with other states; providing that law-
enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her
service weapon off duty; and requiring West Virginia law-enforcement agencies to offer access to
training and certification for honorably retired officers to be permitted to carry a concealed firearm
nationwide as a qualified retired law-enforcement officer as provided in the federal Law-
Enforcement Officers Safety Act of 2004,"
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. 3087) to the Committee
on Finance was abrogated.
Chairman Poore, from the Joint Committee on Enrolled Bills, submitted the following report,
which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 24
th
day of February, 2011, presented to the Office of the Governor, for executive action, the following
bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
H. B. 2475, Including certain records of the Division of Juvenile Services in the exemptions
from disclosure under the Freedom of Information Act,
And,
Com. Sub. for H. B. 2696, Authorizing the county commission of Boone County to transfer
its title and interests in the Boone Memorial Hospital.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented a communication from the Chief Executive, advising
that on February 23, 2011, he approved
H. B. 2557.
Resolutions Introduced
Delegates Guthrie, Mahan, Moye, Snuffer, O'Neal and Sumner offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 99 - "Requesting the Division of Highways to name bridge number 41-19-13.88,
located on Route 19 just before going under I-64, in Beaver, West Virginia, the 'Donnie Adkins III
Memorial Bridge'."
Whereas, Donald "Donnie" Willard Adkins III, a resident of Cedar Grove and member of
the Glasgow Volunteer Fire Department, died March 13, 2010, while bravely assisting with a swift-
water rescue during flooding in Beaver, West Virginia; and
Whereas, Prior to his death Mr. Adkins and two members of his team successfully rescued
fifteen people before their boat capsized in swift water; and
Whereas, Left behind to cherish his memory are his mother, Lynn Adkins Sigmon of Cedar
Grove; his father, Donald Adkins Jr. of Mammoth; sister, Rene Coleman (Wesley) of Mammoth;
grandmother, Jackie Adkins of Cedar Grove; companion, Bobbie Evans of Cedar Grove; as well as
many other family members and friends; and
Whereas, Donnie Adkins was a loving father to sons, Devin Buzzard of Sylvester and Ethan
Adkins of St. Albans; and
Whereas, He was known for his love of WVU football and basketball, as well as a fan of
NASCAR where he cheered on Dale Earnhardt Jr.; and
Whereas, Donnie Adkins will always be remembered as a hero to those he helped rescue,
as well as the family and friends he leaves behind; therefore, be it
Resolved by the Legislature of West Viriginia:
That the Legislature hereby requests the Division of Highways to name bridge number 41-19-
13.88, located on route 19, in Beaver, West Virginia, the "Donnie Adkins III Memorial Bridge"; and,
be it
Further Resolved, That the Division of Highways is hereby requested to cause to be
fabricated signs, at each entry of the bridge, identifying said bridge as the "Donnie Adkins III
Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family of Donald
"Donnie" Willard Adkins III.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, was reported
by the Clerk and adopted:
S. C. R. 13, Requesting DOH name State Route 3, between Yawkey and Julian, "LCPL
Rodney A. Breedlove Memorial Highway",
Com. Sub. for H. C. R. 26, The "Fort Pearsall Highway",
And,
H. C. R. 89, The "Ten Mile Creek Veteran's Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein on those requiring the same.
Third Reading
Com. Sub. for H. B. 2208, Providing for actual costs to be paid for municipal audits and
reducing the cap on audits for Class IV municipalities; 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. 135),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent and Not Voting: Nelson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2208) 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. 2863, Providing for the costs of disability physical and/or mental examinations approved by the Consolidated Public Retirement Board under the West Virginia State
Police plan; 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. 136),
and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Gearheart and Sigler.
Absent and Not Voting: Nelson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2863) 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. 3032, Relating to emergency powers of the Secretary of State; 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. 137),
and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Gearheart, Kump and Snuffer.
Absent and Not Voting: Nelson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3032) 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. 3145, Providing a one-time bonus to certain annuitants of the Public
Employees Retirement System and the State Teachers Retirement System; 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. 138), and there were--yeas 95, nays 4, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Andes, Gearheart, Householder and Savilla.
Absent and Not Voting: Nelson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3145) 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
S. B. 507, Continuing Broadband Deployment Council; on second reading, coming up in
regular order, was read a second time and ordered to third 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. 2096, Relating to arts, entertainment and enterprise districts,
Com. Sub. for H. B. 2479, Relating to anesthesia,
Com. Sub. for H. B. 2745, Providing that certain information provided by insurance
companies to the Insurance Commissioner is confidential,
Com. Sub. for H. B. 2796, Relating to professional licensing boards,
Com. Sub. for H. B. 2969, Requiring the disclosure of the number of stamps by brand name
that have been purchased from a nonparticipating tobacco product manufacturer,
H. B. 3000, Making it lawful to hunt coyotes with a green colored light,
H. B. 3013, Extending the Broadband Deployment Council,
Com. Sub. for H. B. 3061, Creating a volunteer certification so that a health or mental health
professional may provide volunteer services in this state without having to have a license issued by
this state,
H. B. 3100, Permitting the sale of liquor on election day,
H. B. 3134, Relating to child support enforcement,
And,
H. B. 3162, Relating to polygraph examinations required as a condition of supervision for
certain sex offenders.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2763, Prohibiting the Executive Director of Workforce West Virginia from billing a
reimbursable employer under the unemployment compensation law for overpaid amounts of benefits
paid to a claimant,
Com. Sub. for H. B. 2802, Prohibiting use of turning lanes for through traffic under certain
circumstances,
Com. Sub. for H. B. 2883, Creating regulations for commercial dog breeding,
Com. Sub. for H. B. 2953, Relating to dedication of coalbed methane severance tax
proceeds,
Com. Sub. for H. B. 2975, Providing for an alternative means for the initial purchaser of
junked vehicles to notify the division,
H. B. 2985, Updating the Logging Sediment Control Act,
Com. Sub. for H. B. 2986, Relating to forest fire seasons,
Com. Sub. for H. B. 3064, Finding and declaring certain claims against the state and its
agencies to be moral obligations of the state,
Com. Sub. for H. B. 3105, Providing immunity from civil or criminal liability for first
responders who use forced entry to a residence,
H. B. 3114, Allowing the development and operation of a nursing home on the grounds of
a critical access hospital meeting certain restrictions,
H. B. 3119, Increasing the expenditure limit on public service district construction and purchase contracts,
Com. Sub. for H. B. 3126, Requiring a railroad company to provide pesticide safety
information,
Com. Sub. for H. B. 3205, Reducing jail sentence for successful completion of education
and rehabilitation programs,
Com. Sub. for H. B. 3214, Designating specific criteria for seals of commissioners
appointed by the Governor to acknowledge signatures,
H. B. 3267, Providing an additional decreasing modification reducing federal adjusted gross
income for income earned by certain military personnel and their spouses,
H. B. 3268, Relating to who may claim a homestead exemption,
And,
H. B. 3269, Reducing state income tax liability for certain retired public employees.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day
was granted Delegate Nelson.
Remarks by Members
Delegate Fleischauer addressed the House concerning the efforts at developing statutory
regulation of Marcellous Shale natural gas extraction, and the oil and gas industry, and at the
conclusion of her remarks, Delegate Brown asked and obtained unanimous consent that they be
printed in the Appendix to the Journal.
Delegate Cann addressed the House concerning an article appearing in the
New York Times
regarding the oil and natural gas industry in this country, and spoke of the opportunities currently
facing West Virginia in light of Marcellous Shale natural gas extraction, and at the conclusion of his
remarks, Delegate Michael asked and obtained unanimous consent that they be included in the
Appendix to the Journal.
At 12:00 Noon, the House of Delegates adjourned until 11:00 a.m., Friday, February 25,
2011.