hdj2012-02-20-41
__________*__________
Monday, February 20, 2012
FORTY-FIRST 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 Rick
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 17, 2012, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the applicable provisions
of House Rule 136, relating to privileges of the floor, were suspended for the day to extend
privileges of the floor to invited guests for presentations by the House.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegate Perdue and Mr. Speaker, Mr. Thompson, offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 78 - "Requesting that bridge number 50-152-33.01 on County Route 152 near
Wayne in Wayne County, West Virginia, be named the 'Staff Sergeant Sidney H. Blankenship
Memorial Bridge'."
Whereas, Sidney H. Blankenship was born on June 4, 1939, in East Lynn and passed
away on December 22, 2010; and
Whereas, Sidney H. Blankenship enlisted in the United States Marine Corps and attained
the rank of staff sergeant before receiving an honorable disability discharge; and
Whereas, Sidney H. Blankenship was awarded the Silver Star, the Bronze Star, three
Purple Hearts, the National Defense Service Medal, the Vietnam Service Medal with one Star and
the Vietnam Campaign Medal; and
Whereas, Sidney H. Blankenship was awarded the Silver Star for his bravery with the
2
nd Infantry Division on February 26, 1968, in Vietnam, where despite receiving two gunshot
wounds and a hand grenade blast that wounded his hip and leg, he organized and encouraged an
effective defense to a four hour attack and successfully called in a medical evacuation for himself
and his wounded comrades; and
Whereas, Sidney H. Blankenship was a member of the VFW Post 1064, the American
Legion Post 177 and a Life Member of the Disabled American Veterans; and
Whereas, Sidney H. Blankenship served his country and his state with outstanding honor
and memorable distinction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 50-152-33.01
on County Route 152 near Wayne in Wayne County, West Virginia, be named the "Staff Sergeant
Sidney H. Blankenship Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby
requested to erect signs at both ends of the bridge containing bold and prominent letters
proclaiming the bridge the "Staff Sergeant Sidney H. Blankenship 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, the Ceredo-Kenova American
Legion, Post 93, his loving wife of forty-nine years, Rebbie Craft Blankenship; his daughter,
Marsha Ann Poff and her husband, Glen Poff; his four sisters, Lillian Lowe, Irene Artrip and her husband, Paul Artrip, Gladys Sue Dierdorff and her husband, Don Dierdorff, Sylvia Luther and
her husband, Jim Luther; his three brothers, Hiram Blankenship, Jr. and his wife, Mary
Blankenship, Ellis Blankenship and Willis Blankenship; a special granddaughter who was his
pride and joy, Cassandra "Cassie" Poff; and a very special friend and caregiver, Cindy Petticrew.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Lane and Mahan:
H. J. R. 115 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section four, article I thereof and section ten, article VI thereof, relating to
representatives to Congress, the arrangement of Congressional, Senatorial and Delegate Districts
after census by creating a Citizens' Redistricting Commission; designating the terms of office and
duties of commissioners; providing that citizens' redistricting commission must submit
redistricting plans to each house; providing that each house may reject its plan by a two thirds
vote of the members elected; numbering and designating the proposed amendment; and providing
a summarized statement of the purpose of such proposed amendments"; to the Committee on
Constitutional Revision then the Judiciary.
Delegates Iaquinta, Longstreth, Swartzmiller, Smith, Azinger, Barill, Brown, Butcher,
Craig, Diserio, Evans, Ferns, Ferro, Frazier, Guthrie, Hall, Hamilton, Hartman, Jones, Mahan,
Manypenny, Moye, Paxton, Perry, L. Phillips, D. Poling, Reynolds, Shaver, Skaff, Staggers,
Stephens, Talbott, Walters, Wells and Williams offered the following resolution, which was read
by the Clerk as follows:
H. R. 26 - "Designating Monday, February 20, 2012, as 'Veterans Visibility Day'."
Whereas, From the Revolutionary War, which gave America its identity as a free and
democratic nation, to this moment, America's men and women have always risen to the call of
duty in order to defend and preserve our freedom and help maintain freedom throughout the
world; and
Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state. We are proud of our citizens who, despite danger, have done
what they must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians
have paid the ultimate price for freedom with their lives and thousands more have been wounded
in battle; and
Whereas, The House of Delegates is proud to honor those future veterans currently
serving in harm's way in Iraq, Afghanistan and in other countries all over the world to protect
democracy from the threat of terror; and
Whereas, It is always important that we honor the many brave West Virginians who have
faced the enemy, been wounded and even given their lives not only for our freedom, but for
freedom around the world; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates Monday, February 20, 2012, as "Veterans
Visibility Day"; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the
Division of Veterans' Affairs.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 26) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, Delegate Boggs demanded the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 77), and there
were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as
follows:
Absent and Not Voting: Crosier, Fragale, Manypenny, Michael and Pasdon.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the resolution (H. R. 26) adopted.
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. 51, The "Robert Earchil Adams Memorial Bridge",
H. C. R. 63, The "Dewayne Phillip Morgan Memorial Bridge",
H. C. R. 73, Honoring the members of the 78th Infantry Division and Proclaiming April
4, 2012 as 78th Lighting Division Day,
S. C. R. 17, Requesting DOH name bridge in Boone County "Fred York Memorial
Bridge",
And,
S. C. R. 23, Requesting DOH name bridge in Boone County "Sgt. Ollie McComas, Jr.,
Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
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. 30, Requesting a sign honoring Anna Wallace be placed at the intersection of
U. S. Route 219 and West Virginia Route 39 at Mill Point.
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 30 - "Requesting that a sign honoring Anna Wallace be placed
at the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point, in Pocahontas
County, West Virginia, that reads 'Mill Point Unincorporated - Home of Anna Wallace',"
With the recommendation that the committee substitute be adopted.
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. 4459, Creating a juvenile sex offender registration,
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. 4459) was referred
to the Committee on Finance.
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. 2657, West Virginia Religious Freedom Restoration Act,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2657 - "A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2 and §5-11B-3, all
relating to establishing the West Virginia Religious Freedom Restoration Act; short title;
definitions; applicability; construction; and remedies,"
With the recommendation that the committee substitute 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. 4327, Requiring pulse oximetry testing for newborns,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4327 - "A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new article, designated §16-44-1 and §16-44-2, all relating to
requiring pulse oximetry testing for newborns; authorizing the Commissioner of the Bureau of
Public Health to require testing; providing timing requirements for testing; and requiring the
Commissioner to adopt procedural and legislative rules,"
And,
H. B. 4451, Ensuring that county executive committees have control of designating the persons who serve as ballot commissioner,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4451 - "A Bill to amend and reenact §3-1-19 of the Code of West
Virginia, 1931, as amended, relating to appointment of ballot commissioners; and authorizing
county executive committees of the two largest political parties to make appointments,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 4020, Recognizing outstanding students who are top scorers on certain statewide
tests,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4020 - "A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §18-2E-8g, relating to recognizing
outstanding students who are top scorers on certain statewide tests and providing rule-making
authority to the state board,"
H. B. 4049, Requiring the Department of Environmental Protection to maintain an Office
of Internal Auditing,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4049 - "A Bill to amend and reenact §22-1-7 of the Code of West
Virginia, 1931, as amended, relating to requiring the Department of Environmental Protection to
maintain an Office of Internal Auditing."
And,
H. B. 4260, Relating to insurance coverage for autism spectrum disorders,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4260 - "A Bill to amend and reenact §5-16-7 of the Code of West
Virginia, 1931, as amended; to amend and reenact §5-16B-6e of said code; to amend and reenact §33-16-3v of said code; to amend and reenact §33-24-7k of said code; and to amend and reenact
§33-25A-8j of said code, all relating to insurance coverage for autism spectrum disorders;
specifying application of benefit caps; clarifying time frames; adding evaluation of autism
spectrum disorder to included coverage; clarifying diagnosis, evaluation and treatment
requirements; clarifying reporting requirements; and making technical corrections,"
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 passage by the Senate, to take effect July 1, 2012,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 373 - "
A Bill to amend and reenact §15-2-3 of the Code of West
Virginia, 1931, as amended, relating to training at the West Virginia State Police Training
Academy; requiring entry-level training to be provided without a fee; authorizing advanced
training to be provided for a fee; creating a special revenue account to be known as the Academy
Training and Professional Development Fund; and authorizing expenditures from the fund for
specific training-related expenses"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the
concurrence of the House of Delegates in the passage, of
S. B. 410 - "A Bill to amend and reenact §11-21-77 of the Code of West Virginia, 1931,
as amended, relating to personal income tax; and requiring backup withholding on certain
gambling winnings"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the
concurrence of the House of Delegates in the passage, of
S. B. 428 - "A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931,
as amended, relating to registration plates for state, county, municipal and other governmental vehicles; authorizing the Commissioner of the Division of Motor Vehicles to issue no more than
five Class A registration plates to the division for vehicles to be used by investigators for
commercial driver examination fraud investigation and driver's license issuance fraud detection
and fraud prevention; authorizing the commissioner to issue Class A registration plates to
Medicaid Fraud Control Unit and the West Virginia Insurance Fraud Unit; deleting an outdated
requirement; and providing penalties"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 471 - "A Bill to amend and reenact §27-5-1 of the Code of West
Virginia, 1931, as amended, relating to authorizing the West Virginia Supreme Court of Appeals
to establish a reasonable rate of compensation for mental hygiene services; and establishing a
payment procedure for the compensation"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2012,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 477 - "A Bill to amend and reenact §20-2-51 and §20-2-52 of the
Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new
article, designated §20-9-1, §20-9-2, §20-9-3, §20-9-4, §20-9-5, §20-9-6, §20-9-7 and §20-9-8,
all relating to limiting the possession of wild and exotic animals; revising pet and roadside
menagerie permits; expressing legislative intent; stating agency jurisdiction; defining certain
terms; permitting expansion of the definitions; limiting custody and control of wild and exotic
animals; permitting the Division of Natural Resources to issue a permit for a wild and exotic
animal legally possessed prior to the effective date; setting forth permit requirements; requiring
a notarized permit application and fee; involving the county animal control officer or the sheriff
for inspections; requiring an emergency plan; requiring relinquishment of animal prior to
euthanization; compliance with the Animal Welfare Act; providing exemptions; providing for confiscation and disposition of animals; requiring interagency cooperation; providing rule-making
and emergency rule-making authority; requiring the division to report to the Joint Committee on
Government and Finance; and providing criminal penalties and fines"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the
concurrence of the House of Delegates in the passage, of
S. B. 493 - "A Bill to amend and reenact §17C-15-36a of the Code of West Virginia,
1931, as amended, relating to exempting unmarked law-enforcement vehicles primarily used for
covert or undercover enforcement from sun-screening restrictions"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the
concurrence of the House of Delegates in the passage, of
S. B. 499 - "A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931,
as amended, relating to the nonapplicability of chapter thirty-three of this code, regulating
insurance, to the Public Employees Insurance Agency"; which was referred to the Committee on
Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the
concurrence of the House of Delegates in the passage, of
Com. Sub. For S. B. 527 - "A Bill to repeal §19-18-4, §19-18-5, §19-18-6, §19-18-7,
§19-18-8, §19-18-9, §19-18-10, §19-18-11 and §19-18-12 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §19-18-1, §19-18-2 and §19-18-3 of said code, all relating
to providing for general livestock trespass law; prohibiting livestock from trespassing; clarifying
damages that may be recovered; permitting containment of livestock; requiring owner of
trespassing livestock be notified; requiring containment costs be negotiated; permitting containment costs to be recovered in court; permitting the sheriff to take possession of unclaimed
livestock; permitting unclaimed livestock be sold at auction; setting forth how the proceeds of a
livestock sale shall be distributed and establishing misdemeanor penalties"; which was referred
to the Committee on Agriculture then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Skaff, Stowers, Hall, Perry and Ferro:
H. B. 4614 - "A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931,
as amended, relating to the State Police; civilian employee pay increase"; to the Committee on
Government Organization then Finance.
By Delegates Cann, Varner, Ferns and Skaff:
H. B. 4615 - "A Bill to amend and reenact §47-2-1 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto five new sections, designated §47-2-14a,
§47-2-14b, §47-2-14c, §47-2-14d and §47-2-14e, all relating to making trademark counterfeiting
a crime; establishing the elements of the crime; establishing the different degrees of violation;
establishing penalties; providing exceptions to those penalties; and defining a term"; to the
Committee on the Judiciary.
By Delegates Miley, Fleischauer, Barker and Ellem:
H. B. 4616 - "A Bill to amend and reenact §55-7A-2 of the Code of West Virginia, 1931,
as amended, relating to increasing parental liability for the willful, malicious or criminal acts of
their juvenile children; eliminating the limitation on actual damages to out-of-pocket loss"; to the
Committee on the Judiciary.
By Delegates Storch, Ferns, Ashley, Rowan, Miley, Ferro, O'Neal, Lane, Poore,
Ellem and Hunt:
H. B. 4617 - "A Bill to repeal §55-7D-5 of the Code of West Virginia, 1931, as amended,
relating to the construction of the Good Samaritan Food Donation Act as it relates to health department regulations and municipal, county and state health departments and officers"; to the
Committee on the Judiciary.
By Delegates D. Poling:
H. B. 4618 - "A Bill to amend and reenact §55-2-12 of the Code of West Virginia, 1931,
as amended, relating to limitations of actions and suits; and providing for an extension of
limitations to file a civil action for a claim of sexual abuse against a minor causing psychological
injury or illness"; to the Committee on the Judiciary.
By Delegate Canterbury:
H. B. 4619 - "A Bill to amend and reenact §24-2D-2 of the Code of West Virginia, 1931,
as amended, relating to alternative fuel initiatives; and requiring the Public Service Commission
to authorize natural gas utility companies to invest in natural gas compression equipment to be
installed in residential property for compressed natural gas fueling of automobiles, without
authority to make rates for compressed natural gas fueling of these automobiles"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then
Government Organization.
By Delegates Sumner and Perry:
H. B. 4620 - "A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia,
1931, as amended, relating to higher education; institutional boards of governors; and the
modification of the restriction on the number of terms that a chairman of a board of governors
may serve"; to the Committee on Education.
By Delegates Miley, Fragale and Caputo:
H. B. 4621 - "A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931,
as amended, relating to exempting nonresident property owners and their families from hunting,
trapping and fishing license requirements when they are hunting, trapping or fishing on their own
land"; to the Committee on Natural Resources then Finance.
By Delegate Hall:
H. B. 4622 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5F-1-5, relating to a requirement that two legislators serve as
nonvoting, ex-officio members on all nonlicensing boards and commissions, appointed by the
Speaker of the House of Delegates and the President of the Senate, respectively"; to the
Committee on Government Organization.
By Delegates Skaff, R. Phillips, Marcum, Stowers and Pasdon:
H. B. 4623 - "A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931,
as amended, relating to the time final wages are required to be paid to discharged employees; and
authorizing payment by mail, if requested by the employee"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Hall (By Request):
H. B. 4624 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §22C-3-27, relating to abolishing the Solid Waste Management
Board and transferring its powers, duties, responsibilities, employees, equipment and records to
the Secretary of the Department of Environmental Protection; and continuation of programs and
rules"; to the Committee on Government Organization then the Judiciary.
By Delegates Fleischauer, L. Phillips, Brown, Border, Lawrence, D. Campbell,
Poore, Hatfield, Marshall, Barill and M. Poling:
H. B. 4625 - "A Bill to amend and reenact §18-9F-1 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §18-28-2 of said code, all relating to the school access
safety act; private, parochial or church schools, or schools of a religious order; and requiring that
protocols for sports injuries be developed both for school-sponsored sports events and community
sports events"; to the Committee on Education then Finance.
By Delegates Miley, Morgan, Swartzmiller, Lawrence and Snuffer:
H. B. 4626 - "A Bill to amend and reenact §15-2-4 of the Code of West Virginia, 1931,
as amended, relating to the State Police appointment of commissioned officers, noncommissioned
officers, other members; increasing principle supervisors to nineteen"; to the Committee on
Veterans' Affairs and Homeland Security then Finance.
By Delegates C. Miller, Sobonya, Snuffer, Sumner, Savilla and Kump:
H. B. 4627 - "A Bill to amend and reenact §15-1-6 of the Code of West Virginia, 1931,
as amended, relating to restricting certain aid to the Armed Forces of the United States by West
Virginia agencies and employees that would place them in violation of the United States
Constitution, the Constitution of West Virginia, any provision of the Code of West Virginia, any
act of the Legislature or any rule in the West Virginia Code of State Rules"; to the Committee on
Government Organization then the Judiciary.
By Delegates D. Poling, Ellem and Azinger:
H. B. 4628 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11A-3-75, relating to erroneous sale of tax lien"; to the
Committee on the Judiciary then Finance.
By Delegates Skaff, Doyle, Reynolds, Pasdon, Staggers, Guthrie, L. Phillips, Nelson,
Ferns, Barill and Marshall:
H. B. 4629 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-6D-10, relating to permitting the transfer of tax credits for
the purchase of alternative-fuel vehicles, the conversion to an alternative-fuelvehicle or the
construction of alternative-fuel vehicle infrastructure"; to the Committee on Energy, Industry and
Labor, Economic Development and Small Business then Finance.
By Delegate Boggs:
H. B. 4630 - "A Bill to amend and reenact chapter 196 of the Acts of the Legislature,
regular session, 1963, as last amended and reenacted by chapter 206 of the Acts of the
Legislature, regular session, 1967, all relating to the Braxton County Recreational Development
Authority; modifying the membership of the Braxton County Recreational Development
Authority; transferring certain authority from the Braxton County Board of Education to the
Braxton County Commission; and requiring the approval of the Braxton County Commission and
the Braxton County Board of Education on land transactions conducted by the authority"; to the
Committee on Political Subdivisions.
By Delegate Manypenny:
H. B. 4631 - "A Bill to amend and reenact §22-3-9 and §22-3-13 of the Code of West
Virginia, 1931, as amended, all relating to dual liner requirements in new coal-waste
impoundments, new coal-waste impoundments at existing facilities, replacement coal-waste
impoundments at existing facilities and lateral coal-waste expansions of existing impoundments;
requiring the Director of the West Virginia Department of Environmental Protection to
promulgate rules for liners in these surface, coal-waste impoundments including that no
impoundment may be situated closer than three miles up stream from any incorporated town of
fifteen hundred population or more; and providing abatement procedures"; to the Committee on
the Judiciary then Finance.
By Delegates Varner, Carmichael, Boggs, White and T. Campbell:
H. B. 4632 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4 and §11-13CC-5;
and to amend and reenact §24-2-1j of said code, all relating to creating the Energy Intensive
Industrial Consumers Revitalization Tax Credit Act; making legislative findings and declaring
purpose; establishing tax credits for suppliers of coal to certain electric utilities who are subject
to the coal severance tax; establishing a $40 million limit on the tax credits; setting forth when
the tax credits may be taken; setting forth how the tax credits are calculated and allocated; setting
forth how the payments triggered by the tax credits are to be made; establishing when the tax
credit expires; granting the Public Service Commission certain authority concerning special rates;
and requiring information on special rates in the Public Service Commission's annual report";
to the Committee on Finance.
By Delegate Michael:
H. B. 4633 - "A Bill to repeal §29-25-7 of the Code of West Virginia, 1931, as amended;
to amend and reenact §29-25-1, §29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-9, §29-25-12,
§29-25-15, §29-25-18, §29-25-19, §29-25-20, §29-25-21, §29-25-22, §29-25-22a, §29-25-24
§29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25-32, §29-25-34, §29-25-35, §29-25-37 and §29-25-38 of said code; and to amend said code by adding thereto two new sections, designated
§29-25-22b and §29-25-22c, all relating to miscellaneous boards and officers; authorized gaming
facility; including a rural resort community as limited gaming facility; providing definition of
rural resort community; creating the Rural Resort Community Fund and Rural Resort Community
Human Resource Benefit Fund; otherwise providing for the regulation and control of a rural
resort community; and repealing the local option provision of this article"; to the Committee on
the Judiciary then Finance.
By Delegate White:
H. B. 4634 - "A Bill to repeal §60-2-21 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §49-6C-1 of said code, all relating to removing the requirement for the
Legislative Auditor to conduct certain fiscal audits of the Alcohol Beverage Control Commission
and the Children's Trust Fund"; to the Committee on Government Organization then Finance.
By Delegates Manypenny and Doyle:
H. B. 4635 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §4-1-5b, relating to requiring persons giving testimony or
providing information to the Legislature to attest to the truthfulness of the testimony or
information; providing who may administer the oath; defining a term; and providing penalties";
to the Committee on the Judiciary then Finance.
By Delegates Poore, Frazier, D. Campbell, Morgan, D. Poling, Moye, Hartman,
Craig and Stephens:
H. B. 4636 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated, §16-44-1, relating to health and human resources; and the
authorization of a responsible parent pilot project by the Department of Health and Human
Resources in conjunction with the Division of Corrections"; to the Committee on Health and
Human Resources then Finance.
By Delegates Manypenny, Talbott and Brown:
H. B. 4637 - "A Bill to amend and reenact §22-6A-12 of the Code of West Virginia, 1931, as amended, relating to prohibiting the drilling of horizontal oil and gas wells beneath
abandoned wells; and prohibiting fracking within five hundred feet of an abandoned well"; to the
Committee on the Judiciary then Finance.
By Delegates Manypenny and Fleischauer:
H. B. 4638 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §25-1-4a, relating to requiring hospitals and other medical
service providers to bill Medicaid for eligible inmate hospital and professional services"; to the
Committee on Health and Human Resources then Finance.
By Delegate Manypenny:
H. B. 4639 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §55-7-27, relating to prohibiting provisions in agreements to
settle litigation if the information could have an adverse impact on the health, safety or well being
of the public or the environment"; to the Committee on the Judiciary.
By Delegate Manypenny:
H. B. 4640 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4, §16-2L-5, §16-2L-6
and §16-2L-7, all relating to establishing a two year pilot program on the disposal of unused
pharmaceuticals; authorizing rulemaking; and requiring a legislative report"; to the Committee
on Health and Human Resources then Finance.
By Delegates Cowles, Andes, Householder, Snuffer, Nelson, Walters, Hall, R.
Phillips, Stowers and Craig:
H. B. 4641 - "A Bill to amend and reenact §24-2F-5 of the Code of West Virginia, 1931,
as amended, relating to awarding credits for use of alternative and renewable energy resources;
and to remove language which sets a ceiling on the percentage of credits that can be used to meet
compliance requirements from the generation or purchase of electricity generated from natural
gas"; to the Committee on Energy, Industry and Labor, Economic Development and Small
Business then Finance.
By Delegate Caputo:
H. B. 4642 - "A Bill to amend and reenact §22A-6-6 of the Code of West Virginia, 1931,
as amended, relating to the Board of Coal Mine Health and Safety; and requiring the Department
of Commerce to provide administrative and logistical support as reasonably necessary to enable
the Board of Coal Mine Health and Safety, or any other board or commission administered by the
Health and Safety Administrator, to carry out its responsibilities under the provisions of article
six, chapter twenty-two-a of this code"; to the Committee on the Judiciary.
By Delegates Andes, Carmichael, Armstead and Howell:
H. B. 4643 - "A Bill to amend and reenact §22-15A-22 of the Code of West Virginia,
1931, as amended, relating to removing the prohibition against the disposal of electronic devices
in solid waste landfills; and eliminating rule-making authority"; to the Committee on Government
Organization then the Judiciary.
By Delegates Manchin, Caputo and Longstreth:
H. B. 4644 - "A Bill to amend and reenact §7-18-1 of the Code of West Virginia, 1931,
as amended, relating to limiting the exemption from the hotel occupancy tax"; to the Committee
on Political Subdivisions then Finance.
By Delegates Manchin, Caputo and Longstreth:
H. B. 4645 - "A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia,
1931, as amended, relating to eligibility requirements for community and technical colleges board
of governors"; to the Committee on Education.
By Delegates Manchin, Caputo and Longstreth:
H. B. 4646 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §24-2-19, relating to requiring electric utilities to implement
integrated resource plans; requiring the Public Service Commission to order development of
integrated resource plans; specifying certain items that shall be evaluated and deadlines for the
plans; requiring commission review, public hearing and option for requesting further information;
addressing the commission's use of the plan; and defining terms"; to the Committee on Government Organization then Finance.
By Delegates C. Miller, Reynolds, Morgan and Craig:
H. B. 4647 - "A Bill to amend and reenact §9-5-18 of the Code of West Virginia, 1931,
as amended, relating to funeral expenses for indigent persons; and restricting payments for burial
services of indigents to only those services provided by a funeral director licensed by West
Virginia"; to the Committee on Government Organization.
By Delegates Perry and Sigler
[By Request of the Supreme Court of Appeals]:
H. B. 4648 - "A Bill to amend and reenact §48-27-301 of the Code of West Virginia,
1931, as amended; and to amend and reenact §51-2A-2 of said code, all relating to authorizing
the Supreme Court of Appeals to utilize current judicial officers and resources to establish and
implement a domestic violence court pilot project"; to the Committee on the Judiciary.
By Delegates Cann, Guthrie, Mahan, Marshall, Perdue, L. Phillips, D. Poling, Skaff,
Stowers, Varner and Williams
[By Request of the Treasury Department]:
H. B. 4649 - "A Bill to repeal §12-1-12c of the Code of West Virginia, 1931, as amended;
to repeal §18-22D-1, §18-22D-2, §18-22D-3, §18-22D-4, §18-22D-5, §18-22D-6, §18-22D-7,
§18-22D-8 and §18-22D-9 of said code; to repeal 48-2-604 of said code; to amend and reenact
§5-10B-3, §5-10B-3a and §5-10B-8 of said code; to amend said code by adding thereto a new
section, designated §5-10B-14; to amend and reenact §12-1-3, §12-1-8, §12-1-11 and §12-1-12b
of said code; to amend and reenact §12-2-2 and §12-2-3 of said code; to amend and reenact §12-
3-1 of said code; to amend and reenact §12-3A-3 of said code; to amend and reenact §18-25-1
of said code; to amend and reenact §18-30-8 and §18-30-11 of said code; to amend and reenact
§18A-4-12 of said code; and to amend and reenact §36-8-13 of said code, all relating to the State
Treasurer's Office; repealing a duplicate code section dealing with the Cash Management
Improvement Act; repealing the obsolete higher education student assistance loan program;
repealing a duplicate fee for marriage licenses; authorizing Roth contributions, conversions and rollovers for the Internal Revenue Code §457 plan; authorizing the Treasurer to set the minimum
contribution for automatic enrollments; clarifying tax treatment of Roth contributions; updating
federal deposit insurance language; deleting archaic language pertaining to loan ratios to qualify
as a state depository; clarifying what constitutes a conflict of interest for treasury employees;
permitting bank officers to sign reports; authorizing banks to submit reports in an electronic
format; changing quarterly reports to annual reports for the CMIA; changing the requirement for
deposits to be made within twenty-four hours to one business day; authorizing the Treasurer to
grant an exception when circumstances make compliance with the one business day rule difficult
or expensive; requiring the Treasurer to establish standards for internal controls for receipting
funds; requiring spending units to establish internal control procedures and to submit them for
review when requested by the Treasurer; requiring spending units to adopt revisions offered by
the Treasurer; authorizing the Treasurer to audit receipting of moneys by spending units; requiring
audits pertaining to receipting moneys by internal and external auditors to include evaluation of
internal controls; requiring copies of audits be sent to the Treasurer and Legislative Auditor;
clarifying the differences in general revenue, special revenue and federal funds; changing the
quarterly report to the Legislative Auditor pertaining to outside bank accounts to an annual report;
updating procedures for stale dated state checks; authorizing the Treasurer to develop record
retention requirements; amending deferred compensation programs for education employees to
permit maximum contributions under the Internal Revenue Code; amending the college prepaid
tuition and savings program administrative account to permit the moneys be used for matching
grant contributions; amending the unclaimed property fund to permit the funds be used for
operations; and clarifying that college prepaid tuition and savings program accounts are not to be
considered for purposes of determining eligibility for income-based governmental financial
assistance unless prohibited by federal law"; to the Committee on Government Organization then
Finance.
By Delegates Sobonya, Miley, Sumner, Border and C. Miller:
H. B. 4650 - "A Bill to amend and reenact §49-6A-8 of the Code of West Virginia, 1931, as amended, relating to modifying criminal penalties for failing to report child abuse"; to the
Committee on the Judiciary then Finance.
Special Calendar
Third Reading
Com. Sub. for H. B. 3174, Relating to liquor and beer sampling events; 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. 78),
and there were--yeas 68, nays 28, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Anderson, Armstead, Ashley, Azinger, Border, Canterbury, Ellem, Evans,
Hamilton, Howell, Iaquinta, Ireland, Kump, Martin, C. Miller, J. Miller, Moye, O'Neal,
Overington, L. Phillips, Romine, Rowan, Savilla, Smith, Snuffer, Sobonya, Sumner and Walker.
Absent and Not Voting: Crosier, Fragale, Manypenny and Michael.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3174) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
H. B. 4119, Providing a definition for an athletic director who is employed by a county
board of education; 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. 79),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent and Not Voting: Crosier, Fragale, Manypenny and Michael.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 4119) 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. 4142, Authorizing the Department of Administration to promulgate
legislative rules; 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. 80),
and there were--yeas 79, nays 17, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Duke, Gearheart, Householder, Howell, Kump, Lane, C. Miller,
J. Miller, Nelson, O'Neal, Savilla, Sigler, Sobonya, Sumner and Walters.
Absent and Not Voting: Crosier, Fragale, Manypenny and Michael.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 4142) passed.
Delegate Boggs moved that the bill take effect from passage.
On this question, the yeas and nays were taken
(Roll No. 81), and there were--yeas 76,
nays 19, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Duke, Gearheart, Householder, Howell, Kump, Lane, C. Miller,
J. Miller, Nelson, O'Neal, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
Absent and Not Voting: Crosier, Fragale, Hartman, Manypenny and Michael.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4142) takes effect from passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Com. Sub. for H. B. 4245, Permitting certain auxiliary lighting on motorcycles; 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. 82),
and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Fleischauer, Lane and Walters.
Absent and Not Voting: Crosier, Fragale, Manypenny and Michael.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 4245) 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. 4433, Modifying the criteria for awarding high school diplomas to
certain veterans; 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. 83),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent and Not Voting: Crosier, Fragale, Manypenny and Michael.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 4433) 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. 30, Providing additional means to notify DMV of purchase of junked vehicle; 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. 4053, Relating to abduction, kidnaping and human trafficking,
Com. Sub. for H. B. 4070, Changing the basis for paying the county salary supplement
equivalent pay rate for division of rehabilitation teachers,
Com. Sub. for H. B. 4088, Repealing the West Virginia telecommunications tax,
Com. Sub. for H. B. 4398, Declaring certain claims against the state and its agencies to
be moral obligations of the state,
And,
H. B. 4493, Establishing special memorial days for certain military veterans.
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. 4126, Authorizing legislative rules for the Higher Education Policy Commission
and Council for Community and Technical College Education,
Com. Sub. for H. B. 4139, Authorizing miscellaneous agencies and boards to promulgate
legislative rules,
Com. Sub. for H. B. 4220, Authorizing the bureau of commerce to promulgate legislative
rules,
And,
Com. Sub. for H. B. 4351, Relating to mine safety.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the
day were granted Delegates Crosier, Fragale, Manypenny and Michael.
Remarks by Members
Delegate Boggs addressed the House regarding the West Virginia Veterans Legacy Project
at Glenville State University, and at the conclusion thereof, such remarks were ordered printed
in the Appendix to the Journal.
At 11:56 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 21,
2012.